HomeMy WebLinkAboutAgenda Packet for 12/7/2015�
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AGENDA
City Council Regular Meeting
7:00 PM-Monday, December 7,2015
Council Chambers, 7th Floor,City Hall—1055 S.Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. AUDIENCE COMMENT
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed�ve minutes.
• The first comment period is limited to 30 minutes.
• The second comment period, later on the agenda, is unlimited in duration.
• When recognized, please state your name&city of residence for the record.
NOTICE to all participants: pursuant to state law, RCW 42.17A.555,campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting,is PROHIBITED.
5. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review,and
the recommended actions will be accepted in a single motion.Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of 11/23/2015 Council meeting minutes.
Council Concur
b) City Clerk submits the 11/3/2015 General Election certification from King County Records
and Elections.
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None;lnfo mat o O y
c) Administrative Services Department requests authorization to hire a System Analyst at
Step D of salary grade a21, effective upon start date.
Council Conwr
d) Community&Economic Development Department recommends approval of a contract
in an amount not to exceed $100,000 with Reid Middleton, Inc.to review structural
plans through 12/31/2016.
Council Concur
e) Community Services Department requests approval of an interlocal agreement with King
' County to extend the original ILA regarding the Soos Creek Trail for an additional five
years and to provide clarifying language. (See 7.a.for resolution.)
Council Concur
fl Executive Department recommends adopting the 2016 State Legislative Priorities.
Council Concur
g) Fire&Emergency Services Department recommends approving the joint resolution with
King County Fire District#25 regarding the submission of a proposition to qualified
electors of the City and District to form a Regional Fire Protection Service Authority
effective 7/1/2016.
Council Concur
h) Human Resources/Risk Management Department recommends approval of actions
taken to update the City's 457(b) Plan documents including the City of Renton/TIAA-CREF
Plan Document,Adoption Agreement,and Claims and Appeals Procedures. (See 7.b.for
resolution.)
Council Concur
i) Utility Systems Division recommends approval of a Construction Agreement with Century
Link to redesign the new storm system in SW 7th St. in exchange for CenturyLink payment
of approximately$190,026 for the redesign work and additional construction materials.
Council Concur
j) Utility Systems Division recommends approval of a grant agreement with Washington
State Department of Ecology to accept up to$50,000 between 2015-2017 for SurFace
Water Utility implementation requirements associated with the Western Washington
Phase II Municipal Stormwater Permit.
Council Concur
k) Utility Systems Division requests authorization to finalize the SE 165th St.Sanitary Sewer
Extension S ecial Assessment District in the amount of 13 000.
P $ ,
Refer to Utilities Committee
6. UNFINISHED BUSINESS I�
Topics listed below were discussed in Council committees during the past week. Those topics I�
' marked with an asterisk(*) may include legislation. Committee reports on any topics may be II
held by the Chair if further review is necessary.
a) Finance Committee:Vouchers
b) Transportation Committee:Seaplane Base Dredging&Shoreline Mitigation Supplemental
Agreement; Project Agreements with Washington State Department of Transportation
(WSDOT)* I
1
7. RESOLUTIONS AND ORDINANCES
Resolutions:
a) Amending King County Soos Creek Trail Interlocal Agreement(See item S.e.J
b) Amending Resolution No.4221 and adopting TIAA-CREF 457(b) Plan (See item S.h.J
c) Four Project Agreements with WSDOT(See item 6.b.J
Ordinances for second and final reading:
d) Street Vacation Request: Portion of a Right-of-Way in the Vicinity of 300 Rainier Ave. N.
(Petitioner: City of Renton)(First reading 11/23/15)
e) Multi-Family Housing Property Tax Exemption Extension (First reading 11/23/15J
fl Owner-Occupied Housing Incentive &Rental Housing Incentive Extension (First reading
11/23/15J
8. NEW BUSINESS
(Includes Council Committee agenda topics;visit rentonwa.gov/cityclerk for more
information.)
9. AUDIENCE COMMENTS
10. ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7th Floor Conferencing Center
December 7, 2015
Monday, 6:00 p.m.
Downtown Revitalization Update
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online,please visit rentonwa.gov/councilmeetings
AGENDA ITEM #5. a)
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MINUTES
City Council Regular Meeting
7:00 PM-Monday,November 23,2015
Council Chambers, 7th Floor, City Hall—1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Councilmembers Absent:
Ed Prince, Council President Ruth Perez
Randy Corman Greg Taylor
Armondo Pavone
Don Persson
Marcie Palmer
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL EXCUSE ABSENT COUNCILMEMBERS
RUTH PEREZ AND GREG TAYLOR.CARRIED.
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence J. Warren,City Attorney
Jason Seth,City Clerk
Iwen Wang,Administrative Services Administrator
Chip Vincent,Community&Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Cliff Long, Economic Development Director
Chief Mark Peterson, Fire& Emergency Services Administrator
Commander Kevin Keyes, Police Department
November 23, 2015 REGULAR COUNCIL MEETING MINUTES 1
AGENDA ITEM #5, a)
PROCLAMATION
a) Small Business Saturday-November 28,2015.A proclamation by Mayor Law was read
declaring Saturday, November 28, 2015 to be"Small Business Saturday" in the City of Renton,
and all citizens were encouraged to'buy local'and support small businesses and merchants
on Small Business Saturday,and throughout the year.
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL ADOPT THE
PROCIAMATION AS READ.CARRIED.
SPECIAL PRESENTATION
a) REACH Awareness Week-November 22 through 29,2015. Maggie Breen from Renton
Ecumenical Association of Churches (REACH)updated Council on current events. Due to the
State of Emergency(re: Homelessness)that was declared in Seattle and King County by
Seattle Mayor Ed Murry and King County Executive Dow Constantine in the beginning of
November, combined with November being homelessness awareness month, REACH is taking
efforts this week to make the community aware of what the City and REACH have been doing
together to combat the issue of homelessness and find solutions in Renton. Additionally,she
provided some statistics regarding the homeless issues in Renton and provided information
regarding different ways people can help homelessness reduction efforts within Renton.
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 2015 and beyond. Items noted were:
• The 2015 Independent Salary Commission will be meeting on November 24, 2015 at 9:00
a.m.The purpose of this commission is to review the salaries of Renton's elected officials
and recommend adjustments if needed.
• The Public Works Department would like to remind residents to help prevent local
residential street flooding by monitoring catch basins near your home and keep them
clear of leaves and other debris. Also, please remember that during snow and ice events,
the department sanders and snow plows are dispatched to keep major arterials drivable.
It is imperative that motorists do not park or abandon their vehicles within any portion of
the traffic lanes. Abandoned vehicles impair snow and ice removal and impact response
of emergency vehicles.
• Preventative street maintenance will continue to impact traffic and result in occasional
street closures.
AUDIENCE COMMENT
a) Dave McCammon, Renton, addressed Council regarding the proposed Renton Fire Authority
(RFA), and suggested the RFA Governance Board be comprised of one person from Fire
District 25,one person from the City of Renton, and that the following four members be
voted in from the RFA area. City Attorney Warren and Chief Administrative Officer Jay
Covington clarified that the governing body for an RFA is set forth by a state statute, but that
once the board is established it can modify its governance structure.
November 23, 2015 REGULAR COUNCIL MEETING MINUTES 2
AGENDA ITEM #5. a)
b) Karen Wimberly, Renton, REACH Boardmember,thanked small business owners for their
reception of outreach for the REACH Awareness Week.She shared a story from her
experience with spreading the word about how REACH and the City are working together to
end homelessness in Renton.Additionally,she thanked Council for the City's partnership.
CONSENT AGENDA
ltems listed on the consent agenda were adopted with one motion,following the listing.
a) Approval of the November 16, 2015 Council meeting minutes.Council Concur.
b) Human Resources/Risk Management Department recommended approval of the
reclassification of a Secretary II to Administrative Secretary I position in the Public Works
Department Transportation Division/Airport,effective 1/1/2016 with the increased cost of
$2,796 to be absorbed by the division budget.Council Concur.
c) Transportation Systems Division requested approval of four agreements, in relation to the I-
405/I-5 to SR 169 State 2-Widening and SR 515 Interchange project,with the Washington
State Department of Transportation(WSDOT) regarding operation and maintenance of two
State-owned luminaries, maintenance of the landscape strips and stormwater facilities,and
transfer of right-of-way operation, maintenance, and ownership back to the City;and to
adopt the related resolution. Refer to Transportation(Aviation)Committee.
MOVED BY PRINCE,SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA AS PRESENTED.CARRIED.
UNFINISHED BUSINESS
a) Council President Prince presented a Committee of the Whole report recommending
concurrence in the staff recommendation to adopt the Regional Fire Authority(RFA) Plan and
direct the administration to develop a joint resolution with King County Fire District#25 to
submit a ballot measure for April 2016 regarding the RFA and Fire Benefit Charge.
MOVED BY PRINCE,SECONDED BY PAVONE,COUNCII CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
b) Planning and Development Committee Chair Corman presented a committee report
recommending concurrence in staff's recommendation that Council adopt an ordinance to
amend the Property Tax Exemption for Multi-Family Housing in Residential Targeted
Areas in RMC 4-1-220 to extend the sunset clause for accepting new applications for the
multi-family housing property tax exemption for three years to December 31, 2018,
unless further extended by City Council action.The Committee further recommends
placing the ordinance regarding this matter be presented for first reading.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.(See below for ordinance.)
c) Planning and Development Committee Chair Corman presented a committee report
recommending concurrence in staff's recommendation that Council approve the
Exemption Agreement that addresses the terms and conditions for The Lofts at Second
and Main project to receive a partial property tax exemption upon completion; and I,
authorize the Mayor to execute said agreement in substantially the same form. I
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR IN THE I
COMMITTEE RECOMMENDATION.CARRIED.
November 23, 2015 REGULAR COUNCIL MEETING MINUTES 3
AGENDA ITEM #5, a) I
d) Planning and Development Committee Chair Corman presented a committee report
recommending concurrence in staff's recommendation that Council adopt an ordinance to
amend the Owner-Occupied Housing Incentive in RMC 4-1-2106 and the Rental Housing
Incentive in RMC 4-1-210C to extend the sunset clauses for three years to December 31,
2018, unless further extended by City Council action.The Committee further
recommends placing the ordinance regarding this matter be presented for first reading.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED. (See below for ordinance.)
e) Utilities Committee Vice-Chair Corman presented a committee report recommending
concurrence in the staff recommendation to grant a partial release of an existing utility
easement contained and described under King County Recording#8312050539, subject
to the collection of the requisite processing fee from the Chris Tonkin of Bellevue TT LLC
related to the Renton Highlands Taco Time/Starbucks Redevelopment Project.
MOVED BY CORMAN,SECONDED BY PRINCE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
RESOLUTIONS AND ORDINANCES
Ordinances for first reading:
a) Ordinance No. 5780:An ordinance was read vacating a portion of right-of-way in the vicinity
of 300 Rainier Avenue N. (VAC 15-003).
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 12/7/2015.CARRIED.
b) Ordinance No. 5781:An ordinance was read amending Section 4-1-220, Property Tax
Exemption For Multi-Family Housing In Residential Targeted Areas, of Chapter 1,
Administration and Enforcement,of Title IV(Development Regulations)of the Renton
Municipal Code, by extending the property tax exemption.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 12/7/2015.CARRIED.
c) Ordinance No. 5782:An ordinance was read amending Section 4-1-210,Waived Fees,of
Chapter 1,Administration and Enforcement, of Title IV(Development Regulations)of the
Renton Municipal Code, by extending the waiver of certain development and mitigation fees.
MOVED BY CORMAN,SECONDED BY PAVONE,COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING ON 12/7/2015.CARRIED.
November 23, 2015 REGULAR COUNCIL MEETING MINUTES 4
AGENDA ITEM #5. a)
Ordinance for second and final reading:
d) Ordinance No. 5779:An ordinance was read amending Section 4-1-160 of Chapter 1,
Administration and Enforcement,of Title IV(Development Regulations)of the Renton
Municipal Code,setting the impact fee at$4,635 per new single-family home and$1,534 per
new multi-family in the Issaquah School District;setting the impact fee at$4,990 per new
single family home and$2,163 per new multi-family home in the Kent School District;setting
the impact fee at$5,643 per new single family home and $1,385 per new multi-family home
in the Renton School District;and adopting the Capital Facilities Plans of the Issaquah, Kent
and Renton School Districts.
MOVED BY PERSSON,SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
NEW BUSINESS
See attached Council committee meeting calendar.
ADJOURNMENT
MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADJOURN.CARRIED.TIME
729 P.M.
Jason A.Seth,CMC,City Clerk
Megan Gregor, Recorder
Monday, November 23, 2015
November 23, 2015 REGULAR COUNCIL MEETING MINUTES 5
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
November 23, 2015
November 26&27, 2015
Thursday and Friday
NO MEETINGS CITY HOLIDAY
November 30, 2015
Monday
NO MEETINGS Fifth Monday, Chair Prince
December 1, 2015
Tuesday
11:00 AM Transportation Committee, Chair Palmer, Council Conference Room
1. Seaplane Base Dredging & Shoreline Mitigation Supplemental Agreement
2. Project Agreements with WSDOT
3. Emerging Issues in Transportation
December 7,2015
Monday �
4:30 PM Public Safety Committee, Chair Pavone, Council Conference Room
1. Emerging Issues in Public Safety
2. Alcohol Impact Areas Briefing
530 PM Finance Committee, Chair Persson, Council Conference Room
1. Vouchers
2. Emerging Issues in Finance
6:00 PM Committee of the Whole, Chair Prince, Conferencing Center
1. Downtown Revitalization Update
AGENDA ITEM #5, b)
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CITY OF
. . . . , ._ ,
enton �
SUBJECT/TITLE: General Election Certification
RECOMMENDED ACTION: None; Information Only
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
. •.
Expenditure Required: $ NIa Transfer Amendment: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: $ NjA City Share Total Project:_ $ N/A
� � • � •
The results of the 11/3/2015 General Election from King County Records and Elections are as follows:
Mayor
• Denis W. Law- 96.97%- ELECTED
• Write-in -3.03%
Council Position No. 3
• Marcie Palmer- 26.07%
• Carol Ann Witschi - 73.28%- ELECTED
• Write-in -0.65%
Council Position No.4
• Ryan Mclrvin - 65.50% - ELECTED
• Monique Taylor-Swan - 34.09%
• Write-in -0.40%
Council Position No. 5
• Ed Prince -98.00%- ELECTED
• Write-in -2.00%
Council Position No.6 (unexpired 2-year term)
• Ruth Perez-98.32%- ELECTED
• Write-in - 1.68%
Council Position No. 7
• Don Persson -98.20%- ELECTED
• Write-in - 1.80%
.
AGENDA ITEM #5. b)
.
A. Election Certification
� • • �� •
None.
AGENDA ITEM #5. b)
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Depafinenl of Elections
Sherril Huff,Director DE� �� ztJ15
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'�Jn'CLER1Cg OFFlC�
STATE OF WASHINGTON )
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COUNTY OF KING )
This is to certify that on November 3, 2015, there was held a general etection in the
City of Renton, King County, Washington, for the election of candidates;
That the resutts of the election were duly canvassed by the King County
Canvassing Board on Navember 24, 2015, and the results of said canvass are as
follows:
Mayor
Denis W. Law 9,659 96.97% Elected
Write-in 302 3.03%
Council Posltion No. 3
Marcie Palmer 2,909 26.07%
Carol Ann Witschi 8,176 73.28°!o Elected
Write-in 72 0.65%
Council Position No.4
Ryan Mclrvin 7,605 65.50°k Elected
Monique Taylor-Swan 3,958 34.09%
Write-in 47 0.40%
Council Position No. 5
Ed Prince 9,2Q4 98.00°k Elected
� Write-in 188 2.00%
Council Position No. 6
' unexpired 2-year term
Ruth Perez 9,147 98.32% Elected
Write-in 156 1.68°�
N1'-Q-0100 I 919 SW Grady Way,Renton,WA 980574906 � 206-296-1540 TfY Relay:711 � www.kingcounty.gov/elections
AGENDA ITEM #5, b)
Council Position No. 7
Don Persson 9,118 98.20°� Elected
Write-in 167 1.80%
Dated at Renton, King County, Washington, this 30th day of November 2015.
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'�herril Huff, Dir�tor
AGENDA ITEM #5, c)
� CITY OF !
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SUBJECT/TITLE: New Hire Step Increase Authorization
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Administrative Services Department
STAFF CONTACT: Mehdi Sadri, Information Technology Director
EXT.: 6886
, • .
Expenditure Required: $NjA Transfer Amendment: $N/A
Amount Budgeted: $ 73,848 Revenue Generated: $ N/A
Total Project Budget: $N/A CitZr Share Total Project: $NjA
� ' • � •
Information Technology recently completed its third recruitment session for the vacant System Analyst
position. The successful candidate comes with experiences in various roles/capacities in the technology field,
and is most recently earning about$70,000/yr with an alternative offer of$74,500/yr. In order to compete for
a well suited, qualified candidate the closest pay range for this position will be Step D (Grade a21) $73,848 per
year.This is an authorized position and the pay will be covered within the department's budget.
None.
, � • • �� •
Approve of Step D, $73,848, beginning pay rate for the vacant System Analyst position effective upon start
date.
AGENDA ITEM #5, d)
CITY OF
. . . . . ._ .
enton �
SUBIECT/TITLE: 2016 Reid Middleton Contract
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community& Economic Development
STAFF CONTACT: Craig Burnell, Building Official
EXT.: 7290
. • .
Expenditure Required: $10Q,000 Transfer Amendment. $ N/A
Amount Budgeted: $ 100,000 Revenue Generated: $ N/A
Tota{ Project Budget: $10Q,000 City Share Total Pro�ject: , $ N/A
� � • � •
The City's contract for structural plan review services has expired. Reid Middleton has provided structural and
non-structural plan review services, verifying compliance to Renton City Code requirements as a sole source
supplier under contract since 1999. The amount of reviews they conduct for the City of Renton has varied,
based primarily on the level of projects being presented to the City.
:
A. Contract
B. Scope of Services
, � • • �� •
Authorize the Mayor and City Clerk to execute the consultant contract, not to exceed $100,000, with Reid
Middleton to review structural plans submitted to the City.
AGENDA ITEM #5. d)
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CONSULTANT AGREEMENT
THIS CONSULTANT AGREEMENT("Agreement") is made as of the day of December, 2015, (the
"Effective Date") by and between the City of Renton, a noncharter code city under RCW 35A,
and a municipal corporation under the laws of the State of Washington (hereinafter"Renton"),
and Reid Middleton, (hereinafter "Consultant"), who are collectively referred to as the
"Parties", for structural and non-structural ptan review services, verifying compliance to Renton
City Code requirements.
Renton and Consultant, for full mutual consideration as more specifically detailed below, agree:
1. Scope of Services. The Consultant will provide professional services, including '
but not limited to all necessary labor and/or supervision, as specified in the attached Scope of
Services (Attachment 1), attached and fully incorporated into this Agreement by reference. This
Agreement is the entire agreement of the Parties and supersedes all prior oral or written
representation or understandings.This Agreement may only be amended by written agreement
of the Parties. The Scope of Services may be amended only as provided in this Agreement, in
Section 2. "Services" shall mean professional services, work, labor and/or supervision.
2. Changes in Scope of Services. Renton, without invalidating this Agreement, may
order changes in the services consisting of additions, deletions or modifications, and adjust the
fee accordingly. Such changes in the services shall be authorized by written agreement signed
by Renton and Consultant. If the project scope requires less time, a lower fee will be charged. If
additional work is required, Consultant will not proceed without a written change order from
Renton. If any provision of this Agreement is held to be invalid, the remainder of the ,
Agreement shall remain in full force and effect to serve the purposes and objectives of this
Agreement.
3. Time of Performance. Consultant shall complete performance for the items
under Consultant's control in accordance with Attachment 1. If items not under Consultant's
control impact the time of performance, Consultant will immediately notify Renton in writing.
4. Term of Consultant Agreement. The term of this Agreement shall end at
completion of the Scope of Services identified in Attachment 1, but no later than December 31,
2016. The Parties may, upon mutual written agreement, extend this Agreement to accomplish
change orders.
AGENDA /TEM #5, d)
5. Consultant Agreement Sum. Renton shall make payment for services to
Consultant for completed services consistent with and as provided in the attached estimate Fee
Structure (Exhibit A), attached and fully incorporated into this Agreement by reference. Such
payment shall be the full compensation for services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the services.
The total amount of this Agreement is not to exceed the sum of One Hundred
Thousand and no cents ($100,000). Washington State Sales Tax is not required. Renton, in
entering into this Agreement, does not guarantee that any services will be requested nor
guarantees any specific dollar amount of services during the term of this Agreement.
6. Method of Payment. Payment by Renton for services rendered will be made
after a voucher or invoice is submitted in the form specified by Renton. Payment will be made
within thirty (30) calendar days after receipt of such voucher or invoice. Renton shall have the
right to withhold payment to Consultant for any work not completed in a satisfactory manner
until such time as Consultant modifies such services so that the same is satisfactory to Renton.
7. Record Maintenance and Work Product. Consultant shall maintain accounts and
records, which properly reflect all direct and indirect costs expended and services provided in
the performance of this Agreement. Consultant agrees to provide Renton with access to any
records. All originals and copies of work product, exclusive of Consultant's proprietary items
protected by copyright such as computer programs, methodology, methods, materials, and
forms, shall belong to Renton, including records, files, computer disks, magnetic media or
material which may be produced by Consultant while performing the services. Consultant will
grant Renton the right to use and copy Consultant copyright materials as an inseparable part of
the work product provided.
8. Assignment Agreement. The Consultant shall not assign any portion of this
consultant Agreement without the City of Renton's express written consent.
9. Hold Harmless. Consultant shall indemnify, defend and hold harmless Renton, its
elected officials, officers, agents, employees and volunteers, from and against any and all
claims, losses or liability, or any portion of the same, including but not limited to reasonable
attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons,
including injuries, sickness, disease or death of Consultant's own employees, agents and
volunteers, or damage to property caused by Consultant's negligent act or omission, except for
those acts caused by or resulting from a negligent act or omission by Renton and its officers,
agents, employees and volunteers.
Renton agrees to indemnify Consultant from any claims, damages, losses, and costs,
including, but not limited to, reasonable attorney's fees, legal expenses and litigation costs,
arising out of claims by third-parties for property damage and bodily injury, including death,
caused solely by the negligence or willful misconduct of Renton, Renton's employees, agents or
volunteers in connection with this Consultant Agreement.
A GENDA 1 TEM #5, d)
Should a court of competent jurisdiction determine that this agreement is subject to ;
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the contractor ;
and Renton, its officers, officials, employees and volunteers, Consultant's liability shall be only
to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided
herein constitute the Consultant's waiver of immunity under the Industrial Insurance Act, RCW
Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated
and agreed to this waiver. The provisions of this section shall survive the expiration or
termination of this agreement.
10. Insurance. Consultant shall secure and maintain:
a. Commercial general liability insurance in the minimum amounts of
$1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this
Agreement.
b. Professional liability insurance, in the minimum amount of$1,000,000 for
each occurrence, shall also be secured for any professional services being provided to
Renton that are excluded in the commercial general liability insurance.
c. Workers' compensation coverage, as required by the Industrial Insurance
laws of the State of Washington, shall also be secured.
d. It is agreed that on Consultant's commercial general liability policy, the
City of Renton will be named as an Additional Insured on a non-contributory primary
basis.
e. Subject to Renton's review and acceptance, a certificate of insurance
showing the proper endorsements, shall be delivered to Renton before executing the
work of this Agreement.
f. The Consultant shall provide Renton with written notice of any policy
cancellation, within two business days of their receipt of such notice.
11. Independent Contractor. Consultant's employees, while engaged in the
performance of any of Consultant's services under this Agreement, shall be considered
employees of the Consultant and not employees, agents or representatives of Renton.
Consultant's relation to Renton shall be at all times as an independent contractor. Any and all
Workman's Compensation Act claims on behalf of Consultant employees, and any and all claims
made by a third-party as a consequence of any negligent act or omission on the part of
AGENDA ITEM #5, d)
Consuitant's employees, while engaged in services provided to be rendered under this
Agreement, shall be the solely Consultant's obligation and responsibility.
12. Compliance with Laws. Consultant and Consultant's employees and volunteers
shall perform the services required in this Agreement in accordance with all applicable federal,
state, county and city laws, rules, regulations, and executive orders. A copy of this language
must be made a part of any contractor or subcontractor agreement.
13. Discrimination Prohibited: Except to the extent permitted by a bona fide
occupational qualification, the Consultant agrees as follows:
Consultant, and Consultant's agents, employees, representatives, and volunteers with
regard to the services performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual
orientation or preference, age (except minimum age and retirement provisions), honorably
discharged veteran or military status, or the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification in relationship to hiring and
employment, in employment or application for employment, the administration of the delivery
of services or any other benefits under this Agreement, or procurement of materials or
supplies.
The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed, color,
national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital
status. Such action shall include, but not be limited to the following employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation and selection for training.
In the event of non-compliance by the Consultant with any of the non-discrimination
provisions of the contract, Renton shall have the right, at its option, to cancel the Agreement in
whole or in part. If this Agreement is canceled after part performance, Renton shall be
obligated to pay the fair market value or the contract price, whichever is lower, for good or
services which have been received and accepted.
The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the project, which
includes but is not limited to fair labor laws and worker's compensation.
Renton requires all businesses and individuals doing business in Renton to have and
maintain a valid City of Renton business license. (For information contact licensing at 425-430-
6851).
14. Other Provisions:
AGENDA ITEM #5. d)
a. Administration and Notices. Each individual executing this Agreement
on behalf of Renton and Consultant represents and warrants that such individuals are
duly authorized to execute and deliver this Agreement on behalf of Renton or
Consultant. Any notices required to be given by the Parties shall be delivered at the
addresses set forth below. Any notices may be delivered personally to the addressee of
the notice or may be deposited in the United States mail, postage prepaid, to the
address set forth below. Any notice so posted in the United States mail shall be deemed
received three (3) days after the date of mailing. This Agreement shall be administered
by and any notices should be sent to:
CITY OF RENTON CONSULTANT
Craig Burnell, Building Official
City of Renton Reid Middleton
Development Services 728 134th St SW#200
1055 South Grady Way Everett, WA 98204
Renton, Washington 98057
b. Amendment and Modification. This Agreement may be amended only
by an instrument in writing, duly executed by both Parties.
c. Governing Law. This Agreement shall be made in and shall be governed
by and interpreted in accordance with the laws of the State of Washington.
d. Joint Drafting Effort. This Contract shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one party
or the other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
e. Jurisdiction and Venue. Any lawsuit or legal action brought by any party
to enforce or interpret this Agreement or any of its terms or covenants shall be brought
in the King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington.
f. Severability. A determination by a court of competent jurisdiction that
any provision or part of this Agreement is illegal or unenforceable shall not cancel or
invalidate the remainder of such provision of this Agreement, which shall remain in full
force and effect.
g. Sole and Entire Agreement. This Agreement contains the entire
agreement of the Parties and any representations or understandings, whether oral or
written, not incorporated herein are excluded.
h. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor
shall be construed to give any rights or benefits in the Agreement to anyone other than
AGENDA ITEM #5, d)
the Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
i. Waivers. All waivers shall be in writing and signed by the waiving party.
Either party's failure to enforce any provision of this Agreement shall not be a waiver
and shall not prevent either Renton or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
IN WITNE55 WHEREOF, the Parties have entered into this Agreement effective as of
Effective Date identified above.
CITY OF RENTON CONSULTANT
Denis Law, Mayor
City of Renton Reid Middleton
1055 South Grady Way 728 134th St SW#200
Renton, Washington 98057 Everett, WA 98204
Date Date
Approved as to Legal Form Attest
Lawrence J. Warren Jason Seth
Renton City Attorney Renton City Clerk
Date Date I!
AGENDA 1TEM #5, d)
Attachment 1
Reid Middleton
SCOPE OF WORK
On behalf of the Development Services Division, Reid Middleton will perform structural and
non-structural plan review for proposed new and remodeled building projects within the City. I
Qualified consultants subcontracted directly to Reid Middleton may perform the non-structural
plan review.
Structural plans and non-structural plans are reviewed for compliance with structural provisions
of adopted codes and reference standards. Review may include:
Geotechnical engineering recommendations related to project features.
Plan review relating to architectural and/or fire and life safety project features.
Other structural engineering services, such as field evaluation of buildings, client meetings as
specifically requested by the Development Services representative.
Reid Middleton shall complete the specified work generally within twenty-one (21) calendar
days of written notification by the City. (Large and/or complex projects may take longer to
review but require concurrence by the City for a time extension.)
Upon completion of each plan review, Reid Middleton will furnish a summary plan review letter
directly to the City outlining discrepancies in the plans, reports and/or calculations (if any).
Reid Middleton will perform a follow-up plan review within fourteen (14) calendar days as
required by the City to confirm that plans have been corrected adequately according to the
original plan review. In these instances, Reid Middleton will furnish an additional letter directly
to the City summarizing the results of the review.
AGENDA ITEM #5. e)
CITY OF
. . . . , .. .
enton �
SUBJECT/TITLE: Amendment to 2009 King County Soos Creek Trail Interlocal I,
Agreement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services
STAFF CONTACT: Leslie Betlach, Parks Planning and Natural Resources Director
EXT.: 6619
. •.
Expenditure Required: $ N/A Transfer Amendment: $ N(A �
Amount Budgeted: $ N/A Revenue Generated: $ N/A '',
Total Project Budget: $N/� :m . > City Share Tata!ProjeGt: . $N/A
. , . : 7:. ..
� • • � •
King County is the lead agency for the regional Soos Creek Trail which is planned to extend from Lake Meridian '��i
in Kent north to the Cedar River Trail at SR 169.The trail has currently been constructed from Kent to the '�
southern Renton City Limits at South East 192nd Street. In 2009, the City of Renton and King County executed I
an Interlocal Agreement(ILA) designating duties to the County related to acquiring and administering building '
permits for Phase V construction of the Soos Creek Trail, portions of which are located within the Renton City ,
limits. In 2014, the City and King County reviewed the 60%design for the trail as well as the executed 2009
ILA. As per the ILA(paragraph 12)the City and King County agreed in writing to extend the ILA for five (5)
years through December 31, 2019.
The parties also desired to clarify the language previously provided attention in prior correspondence. I
"Addendum A" provides clarification for the following four items:
1. King County will be responsible for reviewing and issuing all permits related to the ILA and agrees to give
the City's comments substantial consideration prior to issuing a final permitting decision.
2. The Renton Municipal Code shall govern areas inside the City of Renton and King County's development ''
regulations shall govern all other areas.
3. The tunnel undercrossing at Petrovitsky Road shall be designed to serve as a regional trail facility.
4. All impacts to critical and shoreline areas within the City of Renton will be mitigated within the City.
Executing this Addendum provides clarity to both King County and the City of Renton.
:
A. Addendum A to 2009 Interlocal Agreement
B. Executed 2009 Interlocal Agreement
C. Resolution to Enter into Addendum A
� • • �� • '�
Authorize the Mayor to execute Addendum A to the 2009 Interlocal Agreement between King County and the
City of Renton for the Soos Creek Trail. �
AGENDA ITEM #5, e)
ADDENDUM A TO 2009 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE
CITY OF RENTON RELATING TO PROCESSING OF CLEARING/GRADING AND ASSOCIATED
BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL
King County (the "Count�') and the City of Renton (the "City") executed an Interlocal Agreement ("ILA")
on January 4, 2009, designating certain duties to the County related to acquiring and administering
building permits for Phase V construction of the Soos Creek Trail, portions of which would be located
within City limits. Following years of field study,trail design work, and staffing changes,the parties met
in November and December 2014 to revisit details of the ILA and sixty percent(60%)design for trail.
As a result of these meetings, on December 23, 2014,the parties agreed, in writing,to extend the ILA for
a full five (5)years,through December 31, 2019, as provided for in paragraph 12 of the ILA. The parties
now desire to acknowledge or clarify language in the ILA that the City has called attention to in prior
correspondence.
NOW, THEREFORE, the County and the City acknowledge, reiterate, and agree that the intent of the
parties to the ILA is as follows:
1. King County will be responsible for reviewing and issuing all permits related to this ILA, but agrees to
give the City's comments substantial consideration before issuing a final permitting decision.
2. The Renton Municipal Code, including the critical area and shoreline development standards, shall
govern those areas inside the City of Renton boundaries. King County development regulations shall
govern all other areas applicable to the ILA.
3. The tunnel shall be designed to serve as a regional trail facility to include adequate width and height
for trail use. The design shall also consider the practical limitations of the trail and roadway
elevations and existing utilities.
4. Regarding mitigation monitoring: All impacts to critical and shoreline designated areas resulting
from trail construction within the City will be physically mitigated within the City in one of the
following manners: (a) all impacts within the City will be mitigated according to City's standard at
the time of construction adjacent to the area of impact; or(b) if mitigation cannot occur adjacent to
the impact, mitigation shall occur within the City limits as approved by the City.
All other terms and conditions of the ILA shall remain in full force and effect.
[The remainder of this page is blank;signatures follow.]
1
AGENDA ITEM #5. e)
IN WITNESS WHEREOF,the Parties have executed this Addendum A.
KING COUNTY
Kevin R. Brown, Director
Parks and Recreation Division
Date Signed
CITY OF RENTON
Denis Law, Mayor
Date Signed
Attest:
Jason A.Seth,City Clerk
2
�. � . AGENDA 1TEM #5. e)
cAc-a9--Ys5
INTERLOCAL AGREEMENT BETWEEN
T+�ING COUNTY AND THE CITY OF RENTOiV'
RELATING TO PROCESSING OF CLEARING/GRADING AND ASSOCIATED
BUTLDING PERMIT APPLICATIONS F4R THE
SOOS CREEK TRAIL
THIS AGREEMENT is made and entered into this day by and between the City of Renton,a municipal
corporation in the State of Washington (hereinafter referred to as the�`City") and King Counry, a home
rute charter County in the State of Washington(hereinafter referred to as the"County").
WHEREAS, the City annexed an area of unincorporated I�ing County described in Attachment 1 and
may annex additional areas of unincorporated I�ing County(collectively referred to as the "Annexation
Area"}; and ,
WHEREAS, all local governmental authority and jurisdiction with respect to the Aiuiexation �1rea
transfered fi•om the County to the City upon the date of annexation;and I
WHEREAS, the Counry is proceeding with Phase V of the Soos Creek Trail extension and portions of ',
this extension will be located within the City, and future phases, if any, of the Soos Creek Trail
extension will include poi�tions iocated within the City;and
WHEREAS, the County and Cify agree that having County staff process on behalf of the City all
ci�aring/grading and associated building p�rmit applications for the Soos Creek Trail extension,
including permits for portians located within the City, for a transitional period will assist in an orderly '
transfer of authority and jurisdiction; and ,
WHEREAS, it is tl�e parties' intent by virtue of this Agreement that any and alI discretionary decisions '
shall be made by fhe City; and
WHEREAS,this Agreement is authorized by the Intezlocal Cooperation Act,RCW Chapter�9.34;
NOW, THERERORE, in cansideration of the terms and provisions, it is agr�eed by and between the City
and the County as follows:
l. Fees. The City shall adopt legislation authorizing the County to charge applicants fees in
amaunts currently specified or hereafter adopted in King County Code Title 27 for applications
processed by the County in accordance with the terms of this Agreement.
2. Processin•�of Permit Applications.
2.1 Except as otherwise provided for herein, the County shall review on behalf of the City all
clearing/grading and any associated building permit applicafions for Phase V of the Soos Creek Trail
extension and future phases of the Soos Creek Trail extension, if any. This review includes review of
cleai.ing/grading and any associated building permit applications for those portions of the trail which are
located within the City. The County's review of permit applications for those poriions of the trail which
a.re located within ttie City shall occur in aecordance with tl�e Ciry's regulatians to which tl�e
applications are vested and in accordance with the ternas can#ained in this Agreement. .Any decision
' . � AGENDA /TEM #5, e)
regarding whether or when an applicatian has vested shall be made by the City, The City may rescind
this autho��zation in accordance with the teirns contained in Section I6.
2,2 Except as provided in Section 3 of this Agreement, the County's review of
clearing/grading and associated buitding permits shall include rendering decisions to approve, condition
or deny such applications; conducting inspections; issuing correction notices, permit extensions and
completion of extensions; and evaluating compliance with approval conditions that extend beyond
issuance of a certificate of occupancy. The County agrees to consult with the City prior to rendering any
administratively appealable clearing/grading or associated building permit d�cision. Appeals of
clearing/gcading and associated building permit decisions, if any, shall be processed by the City;
provided that the City and County may agree to have the Caunty conduct such appeals on behalf of the
City in particular instances where such processing by the Connty would fiirther the orderly transition
envisioned by this Agreement. At the City's request the County will provide testimony at public
hearings.
2.3 The County shall review and make recommendations to the City's designated decision
maker on applications to vary adopted road or drainage standards that are made in conjunction with a
clearing/grading or associated building pei7nit application being reviewed by the County pursuant to this
�Agreement. All fnal decisions on such variance applications shall be rendered by the City.
3. Permit Renewal or Extension. The County shall review and make a recommendation to the City
on requests to renew permits that are approaching their expiration date without having completed the
pernutted activiry. The City shall render any final decisions on such requests. -
4. Records Mana�ement Unon Comnletion of Review or Tezrnination. The County shall provide
the City wifh a, copy of files and records of all clearing/grading and associated building permits
processed under this Agreement upon completion of permit review or termination of the Agreement
under Section 11,whichever comes first.
5. SEPA Comnliance.
�.1. In order to satisfy the procedural requirements of the State Environmental Policy Act
(SEPA}, the City and the County agree that the County will seive as lead agency for atl clearing/grading
and any associated buitding permit applications involving the Soos Creek Trail extension. The SEPA
responsible off cial designated pursuant to King County Code section 20.44.020 shall serve as the SEPA
responsible official to make threshold determinations aad to supervise the preparation and content of
enviranmental review.
5.2. Any and all appeals from SEPA threshold determinations and other SEPA matters
relating to permits for the Soos Creek Trail extension processed uader this Abreement shall be heard and
decided by the Caunty pursuant to the King County Code.
�5.3. Any decision whether to condition or deny an application on SEPA grvunds shall be made
by the County.
6. Administrative and Ministerial Processing. County review specified in this A�reement is
intended to be of an administrative and ministerial nature only. Any and all final recommendations on
Renton Interlocal Agreement 2
Permit Pro�cessing for Soos Creek Trail Extension
� � , AGENDA ITEM #5, e)
decisions of a discretionary nature s�all be made by the City's designated decisioii maker and processed
, pursuant to the City's applicable review and appeal procedures.
7. Financial Guarantees. Any fnancial guarantee that is intended to secure compliance with project
conditions that are being or will be reviewed by the City shall be turned over to or posted with the City,
which shall have sole authority and discretion over its release and/ox enfarcement. Any financial
guarantee that has heen posted or is otlnerwise required in order to guarantee compliance with conditions
that are Ueing reviewed by the County pursuant ta this Agreement shall be retained by or posted with the
County. On behalf of the City, the County is authorized to accept such financial guarantees and to
release them where it determines that conditions for release have been satisfied. In making such
decisions whether to relea[se a f nancial guarantee insttument, the County may at any time seek direction
from the City. The City shall be solely responsibte for making any demands or initiating any legal action
to enforce financial guarantees.
8. Processin�Prioritv. Witlun budgetary constraints, the Counry agrees to process building-
�elated and land use pe��rnit applications in accordance with the County's adminisfrative procedures, at
the same level of service as provided ta County applications.
9. Fees and Reimbursement.
9.1 Tn order to cover the costs of providing services pursuant to the terms of this Agreement,
the County is authorized to collect and retain such application and other fees authorized by the County
fee ordinances adopted by the City pursuant to Section 1 above, or as may be modified at some future
date by the County and the City.
9.2 Fox� alI applications excluded from County processing or transferred to the Cify pursuant
ta the terms of this Agreement, the County will retain the base pernut fee and a percentage of fees
equivalent to the percentage of permit processing and administration pei�formed by the County on the
application. Any remaining application fee amounts received by the County prior ta exclusian or
transfer shall be promptly forwarded to the City.
9.3 In order to cover the costs af providing review, technical and administrative assistance,
and other services not otherwise reimbursed pursuant to tlus Agreement, including but not limited to
providing testimony at pubIic hearings pursuant to the City's request, the City shall pay the County at
such hourly rate as specified in the version of King County Code Title 27 in effect at the tirne the
services are performed. The County shall not seek reimbursement under this sectian for review services ,
perfor�ned on an individual permit applica.tion where the County has already been fu11y compen�ated for �
such services by the receipt of permit application review fees. The County shall provide the City with �
quarterly invoices for assistance and services provided, and the City shall tender payment to the County
witlun thirty days after the invoice is received.
10. Duration. This Agreement shall become effective upon approval by the City and the Counry and
shatl contitzue until December 31, �014, unless otherwise tei�rnina#ed in accordance with Section I1 or
extended in accordance with Section 12.
1 l. Termination. Either party may tertninate this Agreement upon providing at least sixty(6Q) days
written notice to the other party. Upon expiration or termination of this Agceement, the County shall
Renton Tnterlocal Agreement 3
Permit Processing for Soos Creek Trail Extension
� . � , AGENDA ITEM #5. e)
cease further processing and related review af applications it is processing under this Agreement. 'I�ie
County shall thereupon transfer to the City those applicatian files and records,pasted financial guarantee
inst�-uments, and unexpended portions of filing fees for pending land use and building-related
applications. Upon transfer, the City shall be responsible for notifying affected applicants that it has
assumed all fuirther processing responsibility.
12. Extension. The City and County may agree to extend the duration of this Agreement through
December 31, 2019 or to a date prior thereto. In order for any such extensions to occur, the City shall
make a written request to the County not less than sixty (60) days prior to the otherwise applicahle
expiration date. Any agreement by the County to the proposed extension(s) shall be made in writing. If
the parties have not agreed to the extension in writing by the otherwise applicable expiration date, the
Agreement shall expire. ,
13. Tndemnification,Hold Harmless and Defense.
13.1 The County shall indemnify and hold hannless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the
County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this
�greement, In the event that any suit based upon such a claim, action, Ioss,or damage is brought against
thE City, tt�e County shall defend the same at its sole cost and expense,provided that the City retains the �
right to participate in said suit if any principal or governmentai or public law is involved, and i£final
judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly
against the City and County and their respective officers, agents, and employees, or any of fhem, the
County shalt satisfy fhe same.
13.2 The Cify shall indemnify and hold harmless the County and its officers, agents and
employees or any of them frotn any and aIl claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the
City, its officers, agents, and employees, or atiy of them, in performing obligations pursuant to this
Agreement. In ihe event that any suit based upon such a claim, action, loss,or damage is brought against
the County, the City shall defend the same at its sole cost and expense,provided that the County retains
the right to participate in said suit if any principal of governmental or public law is involved; and if final
judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly
against the City and County and their respective officers, agents, and ernployees or any of them, the City
shall satisfy the same.
13.3 The City and the County acknowledge and agree that if such etaims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the
City, its agents, empioyees, and/or officers and the County, its agents, employees, and/or off cers, this
section shall be valid and enforceable onty to the extent of the ne�ligence of each pat�ty, its agents,
employees and/or office�s.
13.4 In executing this Agreement, the County does not assume liability or responsibility for or
in any way release the City i'rom any liability or responsibility that arises in whote or in part from the
existence or effect of City ordinances, rules, regulations, policies or pxocedures. If any cause, claim,
suit, action or proceeding(administrative or judicial), is initiated challenging the validity or applicability
Renton Interlocal A�greement 4
Permit Processing for Soos Creek Trail Extension
��
� AGENDA ITEM #5. e)
of any City ordinance, rule or regulation, the Ciry shall defend the same at its sole expense and if
judgnent is entered or damages awarded against the City, the County, or both, the City shall satisfy the
same, including all chargeable costs and attorneys'fees.
� 14. Persannel. Control of County personnel assigned by the County to process applications under
this Agreement shall remain with the County. Standards of perfoimance, discipline and a11 other aspects
of performance shall be governed by the County.
15. Administration. Tlus Agreement shalt be administered by the County Director of Development
and Envirorunental Services or his/her designee, and by the City's designated decision maker or his/her
designee.
16. Amendments. This Agreement is the complete expression of the terms hereto and any oral
representation or understanding not incorporated herein is excluded. Any modifications to this
Agreement shall be in writing and signed by both paities. ,
17. Le�al Renresentation. The services to be provided by tl�e County pursuant ta this Agreement do
not ii�ciude legal services,which shall be provided by the City at its own expense.
. 18. �To Third Partv Beneficiaries. This Agreement is made and entered into for the sole protection
and bene�it of the parties hereto. No other person or entity shall l�ave any r�ght of action or interest in
f.�is Agreement based upon any provision set forth herein.
IN V��TriESS WHEREOF,the parties have caused this Agreement to be executed.
I�ING COUNTY
� � 1 �t l� �
� �
King County Executive Dated
Approved as to Form:
DANTEL T. SATTERBERG
King County Prosecuting Attorney
By: � � . � , ���
Seniorl�eputy P�e�uting Attorney Dated .
Rentoii Interlacal Agreement 5 �
Permit Processing far Soos Creek Trail Extension
� � AGENDA ITEM #5. e)
CTTY OF RENTOi�i
1 ��3�� 5�
Denis Law, Mayor Dated
ATTEST
1��.N,r_c; �l Lc�a,L'� /I-3 -aaa q
Bonnie Waltvn, City Clerk Dated
Approved as to Form
`���i1'G�.�-"�`"_.' •
City Attorney
Rentan Inte�local Agreement 6
Permit Processing for Soos Creek Trail Extension
� �� AGENDA ITEM #5, e)
Attachment 1 Benson Hill Annexation Legal Descriptian
BENSON HILL ANNEXATION
LEGAL DESCRIPTIOi�1
The lands included within the subject annexation are situated in parts of,Sections 21,27,28,�9,
31,�2 and 33 in Township 23 North, and Ssctions 5 and 6 in Township 2�North,all in Range'S
East,W.M.,in I�ing County,Washington,said annexation area being more particularly described
as lying within the following described boundaxy:
Beginning at the southeast carner of those lands annexed to the City of Renton under Ordinance ,
No. 1961 in the Southeast quarter of said Section 21 said southeast corner also being the point of '
iiitersection of the west line of the Southeast quarter of the Southeast quarter of said Section�1
and the southwesterly right of way margin of the City ofSeattle Cedar River Pipe Line;
Thence southeasterly along said southwesterly margin, crossing SE 16Qth Street,to thesouth line ,
of�said Southeast quarter; ''
Thence westerly, along said south line to an intersection with the east line of the west half of the
Northeast quarter of said Section 28;
Thence southerly along said east line, to the northerly right of way margin of SE i64th Street;
Thence easterly along said northerly margin to the point of intersection with the northerly
extension of the easterly riglit of way margin of 128th Ave SE;
Thence southerly along said northerly extension and the easterly margin thereof to the north line
of tlie south half of said Northeast quarter;
Thence easterly along said north line to an intersection with the east line of said Section 28;
Thence southerly along said east line,to the northwest corner of"Tract A",Fairwood Park
Division 7, as recorded under Volume 116 of Plats,Pages 88 through 90, said records,in said
Section 27;
Thence geiierally easterly, southerly,westerly and southerly along the various courses of said
"Tract A",to a point on the northerly righY o�way mar.gin of SE Petrovits�y Road(Peh•ovitsky
Road Revision,Est,�-2$-G2), in the Southwest quarter of the Southwest quarter of said Section
�7;
Thence southeasterly perpendicular to the centerline of said SE Petrovi#sky Road, a distance of
92'to the southerly margin thereof;
Thence southwesterly,westerly and northwesterly along the various courses of said southerly
right of way margin, crossing 128th Avenue SE, to the noi�thwest corner of that portion af 128th
Avenue SE dedicated per deed under King County Rec. No. 20000913001'S94,on the westerly
� AGENDA ITEM #5, e)
right of�vay margin of I 28th Avenue SE;
Thence southeasterly and southerly along said westerly right of way margin, to an intersection
with the east Iine of the west half of the Southeast quarter o€said Se�tion 28;
Thence southerly along said east line,to the southeast carner of said subdivision said southeast
corner also being the northeast corner of the Northwest quarter of the Northeast quar�er of said
Section 33;
Thence southerly along the east line of said subdivision,to the southeast corner thereof,said
southeast corner also being the noi�thwest corner of the Southeast quarter of the�Iortheast quarter
of said Section 33;
Thence easterly along the north line of said subdivision,to an intersection with the northeasterly
right of way margin of a 100'wide Puget Sound Power&Light Transmission Line right of way;
Thence southeasteriy along said northeasterly right of way margin,to an intersection with the
northeasterly extension of the southeasterly lines of Lots 2 and 3,I�ing County Short Piat No.
799�G��t,recorded under T�ing County Rec.No. 81050bOG79;
Thence southwesterly along said extenszon and the southeasterly Iines of said Iots,to an
intersection with the northeasterly line of Lot 1,King CountyShort Plat No. CI077QOI,recorded
under I�ing County Rec. No.7'806080590;
Thence northwesterly and southwesterly along the noriheasterly and northwesterly lines of said
Lot 1,�o the most westerly coirier thereof,said corner also being a point an the south line of Lot
� of�said short plat;
Thence westerly along said south line,to the northeast corner of Lot 4,King County Short Piat
No. 775088,recorded under King County Rec.No. 7710�00755;
Thence southwesterly along the east Iine of said Lot 4 to the southeast corner thereof, said corner
also being on the north�vesterly line of Boulevard Lane Division No.2, as recorded under
�b�u�ie 82 of Plats,Pages 20 and 21, said records;
Thence continuing southwesterly along said northwesterly line, and southerly along the westerly
line of Boulevard Lane Division 1, as recorded under Volume 80 of Plats,Pages 89 and 90,
records of King County, Washington,to the westeiYunost southwest corner of said plat,said
southwest corner also being on a line 1073.�6 feet north of and parallel with the south line of the
Southeast quarter of said Section 33;
Thence westerl alon� said araIlel line to a oint 300.00 feet easterl of the west line afsaid
Y g P � P Y
subdivision as measured e endicular thereto said oint also bein on the north line of
� p � � p g
Bouleva�d Lane Park, as deeded to iSing County under Kin�County Rec.No. 199910I 1001��7;
Thence soutfieasterly along the east Iine of said park to the point of intersection of a line 422 feet
� AGENDA ITEM #5. e)
east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel
with the south line of said subdivision;
Thence continuing southerly along said east line,parallel with the west line of said subdivision,
to a point on the noitherly right of way margin of SE 192nd Street, said nortlierly right of way
margin being�0 feet northerly of the south line of said Section 33 and the centerline of SE 19�nd
Sfreet;
Thence westerly along the various courses of said northerly right of way margin, crossing 120th
Avenue SE, 116th Avenue SE, 114th Place SE and 113th Way SE to its in#eisection with the
easterly right of way margin of State Route 515, said intersection being 40 feet righf of Station
270+�50 per Washington State Deparhnent of Highways,Right of Way Plan SR 515 MP 3.87 to
MP 5.15,Renton Viciniry: SE 196th to Carr Road,Sta 257+OQ to Sta 283+00, Sheet 2 of 4
Sheets in said Section 32;
Thence westerly, crossing State Route 51� (108th Avenue SE),to a point 40 feet left of Station
270+40 per said Right of Way Plan;
�hence southerly along the various couises of the westerly right of way margin of State Route� •
"515 (I08th Avenue NE), crassing SE 192nd Street, SE 196th Street and SE 199th Street,to the
northeily right of way margin of SE 200th Street in the north west quat�ter of said Section 3;
Thence westerly along the various courses of said northerly right of way margin,crossing 106th
Avenue SE, l O5th Avenue SE and 104th Avenue SE,to its intersection with the existing City of
Renton Limits Line as annexed under City o£Renton Ordinance I�1o.388�;
Thence nartherly, easterly and westerly along the various coarses of the existing limits of the
City of Renton as annexed under City of Renton Ordinance Nos. 3885 &3109 to the point where
said existing limits as annexed under City of Renton Ordinance No. 31091eaves the section line
common to Sections 5 &b and enters said Section 6;
Thence northerly along said common section line to its intersection with the existing City of
Renton Limits Line as annexed under City of Renton Ordinance No. 3268;
Thence generally northerly and easterly along the various courses of the existing limits of the .
City of Renton as annexed under Ciry of Renton Ordinance Nos. (in order fror�n south to north)
3268, 5205, �041, 3268,40G9, 1743,4476, 1971, �864, 1971,523G, 1971, 3742, 1971, 3108,
1909, 5208, 3730,�224, 1871 and 1961 to the Point o�Beginnin$;
EXCEPT the north 100 feet of the west 2�0 feet of the South half of the South half of the
Northwest quarter of the Southeast qt�artar of said Section�9,previously annexed to the City of
Renton under Ordinance l�o. 3432.
TOGETHER WITH the fallowing: �
That portion of Lot 3,King County Short Plat 779163R recorded under King County Rec. No. �
1
� AGENDA ITEM #5, e) �
S 10�060679,within the South half of the Northeast quarter of the Northeast quarter of said I
Section 33, if any;and
Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said
Section�,lying southerly,westerly,southerly and westerly af existing City ofRenton Limits
Line as atuiexed under City of Renton Ordinance Nos. {in order from north to south): 3268,
3751, and 3I09, and lyinb northerly of the northerly right o£way margin of S.200th Street;and
That portion of the Northwest quarter of said Section�,lying northerly of the northerly right of
way margin of S.200th Street,westerly and southerly of existing City of Renton Limits Line as
annexed under City of Renton Ordinance No. 3885, and easterly of existing City of Renton
, Limits Line as annexed under City of Renton Oi�dinance No. 3109.
A GENDA 1 TEM #5, e)
CITY OF RENTON,WASHINGTON
RESOLUTION N0.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM A TO THE 2009
INTERLOCAL AGREEMENT WITH KING COUNTY RELATING TO PROCESSING OF
CLEARING, GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR
THE SOOS CREEK TRAII.
WHEREAS, King County (the "County") and the City of Renton (the "City") executed an
Interlocal Agreement ("ILA") on January 4, 2009, designating certain duties to the County
related to acquiring and administering building permits for Phase V construction of the Soos
Creek Trail, portions of which would be located within City limits; and
WHEREAS, following years of field study, trail design work, and staffing changes, the
parties met in November and December 2014 to revisit details of the ILA and design for trail;
and
WHEREAS, as a result of these meetings, on December 23, 2014, the parties agreed, in
writing, to extend the ILA for a full five (5) years, through December 31, 2019, as provided for in
paragraph 12 of the ILA; and
WHEREAS, the parties now desire to acknowledge or clarify language by entering into
an addendum to the ILA that the City has called attention to in prior correspondence;
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.
1
AGENDA ITEM #5. e)
RESOLUTION N0.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into Addendum
A to the 2009 Interlocal Agreement with King County relating to processing of clearing, grading
and associated building permit applications for the Soos Creek Trail.
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: I
Lawrence J. Warren Cit Attorne II
, Y Y
RE5.1682:9/2/15:scr '
2
AGENDA ITEM #5. t�
CITY OF
. . . . , ,. ,
enton �
SUBJECT/TITLE: 2016 Legislative Priorities
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Executive
STAFF CONTACT: Preeti Shridhar, Deputy Public Affairs Administrator
EXT.: 6569
. . .
Expenditure Requ�red: �'� N/A ",. Transfer-Amendrtitent: $ N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
, .
,
Totaf Pro�ect Budget: r : $N/A, .�,.:_ , r City Share Total,Pcojec€_: $ N/A
� � • � •
Prior to each state legislative session, the City Council considers documents that summarize the City's position
on current state issues. The 2016 State Legislative Priorities and 2016 State Legislative Agenda
Support/Oppose Bills serves as a guidance for City staff as it works with the legislature to achieve the city's i
goals. I
: ��
A. 2016 Legislative Priorities and 2016 State Legislature Agenda Support/Oppose Bills ',
. � ' � �� • I
Adopt the 2016 Legislative Priorities as proposed. ,
AGENDA I TEM #5. fl
CITY OF RENTON
1 ' ' ��������,
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Fiscal Stability/Infrastructure/Local Needs
Renion urges lawmakers ro protect critical"srare-shared"revenues,to avoid funding cuts for public safety needs,
and to provide more rools and authority ro address local needs and conrrol costs.
Liquor Revolving Account. Renton will strongly support ongoing efforts by the Association of Washington Cities
(AWC)and individual cities to remove statutory caps and restore growth in Liquor Revoiving Account("Liquor Profit")
revenues.
Public Records. Renton will support 2016 legislation to help cities better manage the rapid growth in public records
requests and enact efficiencies in the Public Records Act including options to deal with requests that are more about
harassment than transparency,and cost recovery for electronic and commercial requests.
Public Works Assistance Account(PWAA). Renton will strongly support 2016 initiatives to either restore funding
within the PWAA or to develop a similar program to provide low-interest loans for basic infrastructure needs.
Public Safety/Mental Health
Renton strongly supporrs funding and tools that assisr local efforrs to provide viral public safety service to
communities.Looking ahead to 2016,the ciry also will srrongly support efforts relaied ro menial health.
Regional Fire Authorities. Renton will support efforts to change the Regional Fire Authority statutes so they align
with those for Fire Districts—including a simple majority threshold for levy renewals.
Mental Health. Renton will support funding and policy efforts to help local communities address growing burdens
in assisting the mentally ill and homeless,including additional beds,facilities,services,and shelters.The city also will
strongly support policy bills to better ensure that those with mental health challenges can get the treatment and
support they need.
i CITY OF
Renton C� �
AGENDA ITEM #5, fl
Support/Oppose Issues ,
Budgets, Tax-Revenue Fiscal (includes Personnel/HR Issues)
Supports sustainable funding for local revenue options, Opposes any bill that restricts our current local option
including modifying the 1 percent annual growth cap on authority by mandating deferred compensation
property tax. programs be purchased through the state.
Opposes legislation that undermines revenue or Opposes legislation to expand"presumptive disease"
removes/pre-empts local authority. assumptions for purposes of Workers'Compensation
responsibilities,if it arises.
Criminal Justice/Law Enforcement/
Courts/Fire-EMS Housing, Human Services
Supports legislation that would make body cameras more Supports a City of Seattle-promoted initiative that
feasible through Public Records Act definitions,including an 8-and 12-year multi-family housing property tax
the resolution of issues related to storage and retention. exemption program be extended to renovation of
The city also wants to ensure there are clear rules and existing housing stock that is deteriorated.
guidance for when officers in the field should have body Supports establishment of a new"REET 3"with focus
cameras turned on/off. on funds toward affordable housing.
Supports any legislative initiative that specifically ties
relicensing requirements to decriminalizing of Driving Land-Use/GMA
While License Suspended-3rd Degree(3-DWLS).
Supports an Operating Budget request being led by Supports ensuring current laws and best practices
the Washington Association of Sheriffs&Police Chiefs Upholding Urban Growth Areas are maintained.
(WASPC)and the City of Kent for gangs database funding Opposes additional changes to Growth Management Act
for training and overtime. vesting laws.
Supports ensuring that current levels of Basic Law
Enforcement Academy(BLEA)funding be preserved or Local Government
e"na"`ed. (including Public Records Act)
Supports legislation making a 4th DUI a felony.
Supports any effort to reinforce and clarify the
Opposes legislation removing local control on fireworks recreational immunity statutes as they relate to
limits and bans(SB 5914). multi-purpose trails.
Economic Development/ Transportation/Transit
Infrastructure Supports any legislation to ensure that emergency
Supports HB 2262 on special license plates&funding. vehicles not be required to pay tolls to use HOT lanes.
Supports ensuring that any flood control/water supply/
stormwater infrastructure funding package be equitable
to all parts of the state.
Supports updates and revisions that ensure the basic
structure and unbiased scoring and ranking features,of
the 25-year-old Washington Wildlife Recreation Program
remains intact.
i CITY OF
CITY OF RENTON 1/ 2016 Legislative Agenda Renton �
AGENDA ITEM #5. g)
CITY OF
enton �
• • � . , .. ,
SUBJECT/TITLE: Joint Resolution - RFA Plan
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Fire & Emergency Services
STAFF CONTACT: Chad Michael, Deputy Chief
EXT.: 7061
. • .
Expenditure Required: $NjA Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Total Project Budget: ; ,, y$N1A.,;` City Share Total Project: . $N/A
I ._ _ ..,..
� � • � •
Council approved a Committee of the Whole report adopting the Regional Fire Authority(RFA) Plan and
directing the administration to develop a joint resolution with King County Fire District#25 on 11/23/2015.
The resolution has been drafted, and the administration is now requesting a public hearing be set for
12/14/2015, to consider adopting the resolution providing for the submission to qualified electors of the City
and the District, a Special Election to be held on 4/26/2015 pursuant to RCW 52.26, of a proposition that
approves a plan to form a Regional Fire Protection Service Authority within the boundaries of the City of
Renton and King County Fire District#25, effective 7/1/2016, to be funded by a property tax levy and a new
six-year benefit charge.
:
A. Draft Resolution
� • • �► •
Set a public hearing on 12/14/2015 to consider the joint resolution between the City of Renton and King
County Fire District#25 regarding the submission of a proposition to the qualified electors of the City and the
District, at a Special Election on 4/26/2016, to approve the plan to form a Regional Fire Protection Service
Authority effective 7/1/2016.
AGENDA ITEM #5, g)
CITY OF RENTON, WASHINGTON
KING COUNTY FIRE PROTECTION DISTRICT N0. 25
CITY OF RENTON RESOLUTION N0.
KING COUNTY FIRE PROTECTION DISTRICT N0. 25 RESOLUTION N0.
A JOINT RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AND THE
BOARD OF COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO.
25, PROVIDING FOR THE SUBMISSION TO QUALIFIED ELECTORS OF THE CITY
AND THE DISTRICT, A SPECIAL ELECTION TO BE HELD ON APRIL 26, 2016,
PURSUANT TO CHAPTER 52.26 OF THE REVISED CODE OF WASHINGTON, OF A
PROPOSITION THAT APPROVES A PLAN TO FORM A REGIONAL FIRE
PROTECTION SERVICE AUTHORITY WITHIN THE BOUNDARIES OF THE CITY AND
THE DISTRICT, EFFECTIVE JULY 1, 2016, TO BE FUNDED BY A PROPERTY TAX
LEVY AND A NEW SIX-YEAR BENEFIT CHARGE.
WHEREAS, the ability to respond to emergency situations by fire protection and
emergency medical service agencies has not kept up or progressed with community needs and
special service demands. Providing an effective fire protection and emergency medical service
system requires a collaborative partnership and responsibility among local and regional
governments and the private sector; and
WHEREAS, the delivery of core emergency services and timely development of
significant projects can best be achieved through stable funding options for regional fire
protection and emergency services; and
WHEREAS, the City of Renton ("the City"), through its Fire and Emergency Services
Department, and King County Fire Protection District No. 25 ("the District") have had a
cooperative partnership, striving to provide the highest level of fire and emergency medical
services to their citizens within the confines of available resources.This cooperative partnership
1
�
AGENDA ITEM #5, g)
CITY OF RENTON RESOLUTION N0.
KING COUNTY FIRE PROTECTION DISTRICT N0. 25 RESOLUTION N0.
began with an interlocal agreement in 1993, when the district transferred its employees to the
City and the City started providing fire and emergency medical services in the District; and
WHEREAS, in 2014, the City and the District formed the Regional Fire Authority Planning
Committee ("Planning Committee") to review the creation of a regional fire authority and
associated service delivery and financing plan to provide fire protection and emergency services
within the boundaries of the City and the District. The members of the Planning Committee
include three District Commissioners, and three City of Renton Councilmembers. Also invited
to the Planning Committee are representatives from Fire District 20, Fire District 40, and union
representatives of International Association of Firefighters Local 864. The Planning Committee
met between September 2014 and October 2015 and recommended the creation of the
"Renton Regional Fire Authority," and the adoption of a business plan to govern and finance its
operation (the "Plan"). The Plan was approved by the District on November 17, 2015, and the
City on November 23, 2015, and is formally adopted by each entity pursuant to this joint
resolution. Copies of the Plan are available from the administrative offices of the City and the
District; and
WHEREAS, the City and the District are authorized to form a regional fire protection
service authority by Chapter 52.26 RCW, which requires that in the order to create a regional
fire protection service authority, the Plan must be approved by the voters of the area affected
by the Plan. Therefore, in accordance with the Plan and state law, it is appropriate to place
before voters within the proposed service boundaries of the regional fire authority, a
proposition for approval to form the Renton Regional Fire Authority, to be funded by a new six-
year benefit charge and existing property tax levy, and the approval of the Plan;
2
AGENDA ITEM #5, g)
CITY OF RENTON RESOLUTION N0.
KING COUNTY FIRE PROTECTION DISTRICT N0. 25 RESOLUTION N0.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AND
THE BOARD OF COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT N0. 25, DO
HEREBY RESOLVE AS FOLLOWS:
SECTION I. Adoption of the P/an for the Renton Repional Fire Authoritv. The City
Council of the City of Renton, Washington, and the Board of Commissioners of King County Fire
Protection District No. 25 hereby formally adopt the Plan of the Renton Regional Fire Authority,
a true and correct copy of which is attached as Exhibit A and incorporated by this reference.
SECTION II. Findinqs of Citv Council of the Citv of Renton, Washinpton, and the Board
of Commissioners of Kinp Countv Fire Protection District No. 25. The City Council of the City of
Renton, Washington, and the Board of Commissioners of King County Fire Protection District
No. 25 hereby find that it is in the best interest of the City and the District to submit to the
qualified electors of the City and the District at a special election to be held on April 26, 2016, a
proposition to adopt the Plan creating the Renton Regional Fire Authority, which if approved
will be funded by a six-year benefit charge not to exceed 60% of the Renton Regional Fire
Authority's operating budget, and property tax not to exceed $1.00 per $1,000 of assessed
value during such time as the benefit charge is collected, and not to exceed $1.50 per$1,000 of
assessed value if the benefit charge is not being collected. If approved by 60% of the voters
within the boundaries of the authority as provided in Chapter 52.26 RCW, the authority will be
called the "Renton Regional Fire Authority," with boundaries coextensive with the boundaries
of the City of Renton and King County Fire Protection District No. 25, effective July 1, 2016.
SECTION III. Submittal of Proposition for Voters. There shall be submitted to the
qualified electors of the District and the City for their ratification or rejection, at a special
3
I
AGENDA ITEM #5.
g)
CITY OF RENTON RESOLUTION N0.
KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO.
election on April 26, 2016, the question of whether or not the Renton Regional Fire Authority
should be created in accordance with the Plan and funded with a six-year benefit charge and
property tax levy. The Board of Commissioners of King County Fire Protection District No. 25
�, and the City Council of the City of Renton, Washington, hereby request the Director of Elections
' of King County, as ex-officio supervisor of elections to call such election and to submit the
following proposition at such election, in the form of a ballot title substantially as follows:
' PROPOSITION NO. 1
The City of Renton and King County Fire Protection District No. 25 have adopted
a Joint Resolution approving the Renton Regional Fire Authority Plan ("Plan") to
create the Renton Regional Fire Authority ("Authority") with an effective date of
July 1, 2016.
If approved, this position would create the Authority, in accordance with the
Plan, to provide fire protection and emergency medical services in the City and
� the District. The Authority will be funded by a six-year fire benefit charge (not to
�
exceed 60% of the operating budget) and property tax (not to exceed $1.00 per
$1,000 of assessed value). This funding would replace the District's existing
property tax rate of $1.50 per $1,000 of assessed value, and would reduce
' h A thorit .
Renton s property tax capacity by the tax rate collected by t e u y
Should the Plan to create a Regional Fire Protection Service Authority be
approved?
YES [ ]
NO [ ]
SECTION IV. Authorize Continued Acts of the Repional Fire Authority P/annina
Committee. The City Council of the City of Renton, Washington, and the Board of
Commissioners of King County Fire Protection District No. 25 herby authorize the Renton
Regional Fire Authority Planning Committee to continue operating on an as needed basis until
the effective date of the Authority. The Regional Fire Authority Planning Committee shall be
4
AGENDA ITEM #5, g)
CITY OF RENTON RESOLUTION N0.
KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION N0.
considered the governing board for the purposes of RCW 52.26.230 and shall be responsible for
conducting a public hearing on the benefit charge consistent with the requirements of RCW
52.26.230. The Planning Committee shall function as the governing board for the purposes of
carrying out the requirements of Chapter 52.26 RCW until such time as a new governing board
is established on July 1, 2016, pursuant to the Plan.
SECTION V. Pro and Con Committee Appointments. The City Council of the City of
Renton, Washington, and the King County Fire Protection District No. 25 Board of
Commissioners hereby assign to the Renton Regional Fire Authority Planning Committee the
task of appointing members to a committee to advocate voters' approval of the proposition
and to a committee to prepare arguments advocating voters' rejection of the proposition.
SECTION VI. Severabilitv. If any section, subsection, paragraph, sentence, clause or
phrase of this resolution is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining portions of this resolution.
SECTION VII. Ratification. Any act consistent with the authority and prior to the
effective date of this resolution is hereby ratified and affirmed.
SECTION VIII. Effective Date. This resolution shall take effect and be in force
immediately upon its passage.
SECTION IX. Triplicate Oripinals. Three originals of this resolution are signed by the
City of Renton and King County Fire Protection District No. 25.
S
AGENDA ITEM #5. g)
CITY OF RENTON RESOLUTION N0.
KING COUNTY FIRE PROTECTION DISTRICT N0. 25 RESOLUTION NO.
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
ADOPTED by the Board of Commissioners of King County Fire Protection District No. 25,
King County, Washington, at a regular open public meeting of such Board on the day
of , 2015, the below commissioners being present and voting.
COMMISSIONER
COMMISSIONER
COMMISSIONER
KCFPD No. 25 SECRETARY
Approved as to form:
Lawrence J.Warren, City Attorney
RES.1688:12/2/15:scr
6
AGENDA ITEM #5. h)
�
� CITY OF
. . . . . .. ,
enton �
SUBJECT/TITLE: Resolution amending Resolution 4221 and adopting the TIAA-CREF
457(b) Plan documents
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources/Risk Management
STAFF CONTACT: Nancy A. Carlson, Administrator
EXT.: 7656
� ��
Expenditure�tequired:' $ NjA�''` Transfer Amendm`ent. ` $N/A ` .
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Totai Proje�t�t�dg�t �� :�1+IfA;�,F��� City Share�`�t���',���e :h��;��-�.i� A =
' _ _ _ .. r.;:sH# . _ _4- .,.,.. :F r.T�k+,..�4, ._ . ,. ... _,..-..:%As±.. .� k�i �aw:. . . . ., . _ . .
� � � � �
In July of 2014, Council adopted Resolution 4221 confirming the transfer of the City's 457(b) Plan assets to
TIAA-CREF from the City's former recordkeepers and plan asset custodians,The Hartford and ICMA-RC. At this
point in time, updated 457(b) Plan documents need to be adopted, including the City of Renton/TIAA-CREF
Plan Document(Appendix A of resolution), City of Renton/TIAA-CREF Adoption Agreement (Appendix B of
resolution), and City of Renton/TIAA-CREF Plan Claims and Appeals Procedures (Appendix C of resolution).
In addition, Section II(7) of Resolution No. 4221 stated that the Investment Committee shall deliver an annual
report on the Plan to the Council for review and ratification. The term "ratification", which is not a usual
Council term or practice, shall be changed to "Council concur".
:
A. Draft Resolution
� ' • �� •
Adopt this resolution amending Resolution 4221, and adopting the TIAA-CREF 457(b) Plan documents.
AGENDA 1TEM #5, h)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING
RESOLUTION NO. 4221 REGARDING ANNUAL REPORTS OF THE DEFERRED
COMPENSATION 457(b) PLAN BY THE INVESTMENT COMMITTEE TO THE CITY
COUNCIL AND ADOPTING THE TIAA-CREF FINANCIAL SERVICES COMPANY
457(B) DEFERRED COMPENSATION PLAN DOCUMENT AS AMENDED.
WHEREAS, the City Council adopted Resolution No. 4221 ratifying and confirming a
number of actions of the Investment Committee of the City's 457(b) Deferred Compensation
Plan ("Plan"); and
WHEREAS, in setting up the Plan, the Council deferred certain actions to the Investment
Committee; and
WHEREAS, Resolution No. 4221, Section II(7), requires in part that the Investment
Committee shall deliver an annual report on the Plan to the Council for review and ratification;
and
WHEREAS, the term "ratification" is ambiguous and not within the normal ,
nomenclature of Council practice; and
WHEREAS, the terms "Council concur" or"Refer to Finance Committee" would be more I'
normal terms for use on the Council agenda and minutes; and
WHEREAS, no language was contained in Resolution No. 4221 adopting the TIAA-CREF
Financial Services Company 457(b) Deferred Compensation Plan documents, which include the '
base plan agreement, adoption agreement, plan variables and claim procedures; and
WHEREAS, it would be advisable to adopt an internal claims and appeals process and set
forth a limitations period for bringing such claims and/or appeals as part of the plan;
1
AGENDA /TEM #5, h)
RESOLUTION N0.
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 term "ratification" in Resolution No. 4221 shal� be modified to
"Council concur". If Council does not concur, the matter should be referred to the Council's
Finance Committee for further explanation by the Investment Committee.
SECTION III. The City Council hereby adopts the TIAA-CREF Financial Services
Company 457(b) Deferred Compensation Plan, attached hereto as Appendix A, the Adoption
Agreement, attached hereto as Appendix B, and the Claims and Appeal Procedures and
Limitation Procedure, attached hereto as Appendix C, which all shall collectively be known as
the Deferred Compensation Plan for the City of Renton. Copies of the Deferred Compensation
Plan for the City of Renton shall be available for public review in the City Clerk's office.
PA ED BY THE CITY COUNCIL this da of 2015.
, SS
Y .
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
RES.1680:9/10/15:scr
2
�
• '
APPENDIX A
457(b) DEFERRED
COMPENSATION PLAN OF
CITY OF RENTON,
A GOVERNMENTAL
ORGANIZATION
TIAA
CREF
Rnancl�se�
. i
Contents '�
ARTICLE I - DEFINITIONS...........................................................................................................1
1.1 Account Balance................................................................................................................1
1.2 Annual Deferral..................................................................................................................1
1.3 Adoption Agreement..........................................................................................................1
1.4 Beneficiary.........................................................................................................................1
1.5 Code ..................................................................................................................................1
1.6 Compensation....................................................................................................................1 �i
1.7 Deferred Compensation Agreement :.................................................................................2 I
1.8 Differential Wage Payment ................................................................................................2
1.9 Disabled or Disability .........................................................................................................2
1.10 Effective Date.....................................................................................................................2
1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan................................2
1.12 Eligible Employee ..............................................................................................................2
1.13 Employee...........................................................................................................................3
1.14 Employer............................................................................................................................3
1.151ncludible Compensation....................................................................................................3
1.16 Investment Options............................................................................................................3
1.171nvestment Sponsors .........................................................................................................3
1.18 Normal Retirement Age .....................................................................................................3
1.19 Participant..........................................................................................................................4
1.20 Plan....................................................................................................................................4
1.21 Plan Administrator..............................................................................................................4
1.22 Plan Year...........................................................................................................................4
1.23 Restated Effective Date .....................................................................................................4
1.24 Severance from Employment.............................................................................................4
1.25 TIAA-CREF........................................................................................................................4
1.26 Valuation Date ...................................................................................................................4
ARTICLE II - PARTICIPATION IN THE PLAN..............................................................................4
2.1 Eligibility.............................................................................................................................4
2.2 Enrollment in the Plan........................................................................................................5
2.3 Information Provided by the Participant .............................................................................5
2.4 Contributions Made Promptly.............................................................................................5
2.5 Leave of Absence ..............................................................................................................5
2.6 Disability.............................................................................................................................5
ARTICLE III - DEFERRAL OF COMPENSATION ........................................................................5
3.1 Annual Deferrals ................................................................................................................5
3.2 Modifications to Amount Deferred......................................................................................6
3.3 Deferral of Special Pay ......................................................................................................6
3.4 Termination of Deferral ......................................................Error! Bookmark not defined.
3.5 Employer Non-Elective Contributions ................................................................................6
3.6 Employer Matching Contributions ......................................................................................6
3.7 Maximum Deferral..............................................................................................................6
3.8 Vesting...............................................................................................................................8
3.9 Plan-to-Plan Transfers to the Plan .....................................................................................8
3.10Acceptance of Rollover Contributions................................................................................8
3.11 Qualified Military Service....................................................................................................8
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ARTICLE IV- INVESTMENT OF CONTRIBUTIONS ...................................................................9
4.1 Direction of Investment......................................................................................................9
4.2 Investment Changes..........................................................................................................9
ARTICLE V - DISTRIBUTIONS ....................................................................................................9
5.1 Eligibility for Payment.........................................................................................................9
5.2 Small Balance In-Service Distributions ............................................................................11
5.3 In-service Distributions from a Rollover Account..............................................................11
5.4 Small Balance Distributions at Severance from Employment ..........................................11
5.5 Distribution Due to an Unforeseeable Emergency...........................................................12
5.6 Commencement of Distributions......................................................................................13
ARTICLE VI - FORM OF PAYMENT..........................................................................................13
6.1 Form of Payment .............................................................................................................13
6.2 Limits on Income Options Under an Annuity Contract .....................................................14
6.3 Minimum Amounts to be Distributed ................................................................................14
6.4 Minimum Distribution Requirements During Participant's Lifetime...................................14
6.5 Election ............................................................................................................................15
6.6 Failure to Make Election ..................................................................................................15
ARTICLE VII - DEATH BENEFITS .............................................................................................15
7.1 Form of Payment .............................................................................................................15
7.2 Death Distribution Requirements .....................................................................................16
7.3 Death of Beneficiary Before Benefits Commence............................................................17
ARTICLE VIII -TRANSFERS AND ROLLOVERS......................................................................17
8.1 Plan-to-Plan Transfers from the Plan...............................................................................17
8.2 Permissive Service Credit Transfers.....:.....................................................................
..... 7
8.3 Direct Rollovers................................................................................................................18
ARTICLEIX - LOANS.................................................................................................................19
9.1 Availability........................................................................................................................19
9.2 Maximum Loan Amount...................................................................................................20
9.3 Terms of Loan..................................................................................................................20
9.4 Extended Loan Term for Leaves of Absence due to Military Service...............................20
9.5 Loan Default.....................................................................................................................21
ARTICLE X - ROTH ELECTIVE DEFERRALS...........................................................................21
10.1 General Application..........................................................................................................21
10.2 Separate Accounting........................................................................................................21
10.3 Direct Rollovers................................................................................................................21
10.4 Definition of Roth Elective Deferrals ................................................................................22
ARTICLE XI - BENEFICIARY INFORMATION ...........................................................................22
11.1 Designation......................................................................................................................22
11.2 Failure to Designate a Beneficiary...................................................................................23
ARTICLE XII - PLAN ADMINISTRATION...................................................................................23
12.1 Plan Administration ..........................................................................................................23
12.2Accounts and Expenses ..................................................................................................23
12.3 Mistaken Contribution ......................................................................................................23
12.4 Domestic Relations Orders..............................................................................................24
12.51RS Levy ..........................................................................................................................24
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12.6 Procedure When Distributee Cannot be Located.............................................................24
12.7 Payments to Minors and Incompetents............................................................................24
ARTICLE XIII -AMENDMENT OR TERMINATION OF PLAN....................................................25
13.1 Amendment of Plan .........................................................................................................25
13.2 Termination of Plan..........................................................................................................25
ARTICLE XIV - MISCELLANEOUS............................................................................................25
14.1 Plan Non-Contractual.......................................................................................................25
', 14.2CIaims of Other Persons..................................................................................................25
� 14.3 Non-Assignability.............................................................................................................25
14.4 Contracts..........................................................................................................................25
, 14.5 Pronouns..........................................................................................................................26
14.6 Representations...............................................................................................................26
I', 14.7 Severability ......................................................................................................................26
' 14.8Applicable Law.................................................................................................................26
'' 14.9Trust Fund........................................................................................................................26
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INTRODUCTION
The purpose of the Plan is to provide deferred compensation for Eligible Employees covered
under the Plan. The Plan document and the Adoption Agreement are designated as constituting
parts of a plan intended to satisfy the requirements of an Eligible Governmental Deferred
Compensation Plan within the meaning of Section 457(b) of the Code, the regulations issued
thereunder, and other applicable law.
ARTICLE I - DEFINITIONS
1.1 Account Balance means the book entry account maintained with respect to each
Participant which reflects the value of the deferred Compensation credited to the
Participant, including the Participant's Annual Deferrals, any Compensation deferred
under the Plan by non-elective Employer contribution (either matching contributions or
non-elective contributions), the earnings or loss of the investment options held in the
Investment Options (net of investment option expenses) allocable to the Participant, any
transfers for the Participant's benefit, and any distribution made to the Participant or the
Participant's Beneficiary. Account Balance includes any account established under
Article III for rollover contributions and plan-to-plan transfers made for a Participant, any
account established under Article X for Roth Elective Deferrals, the account established
for a Beneficiary after a Participant's death, and any account or accounts established for
an alternate payee, as defined in Section 414(p)(8) of the Code. Subject to the terms of
the Investment Option, if a Participant has more than one Beneficiary at the time of the
Participant's death, then a separate Account Balance shall be maintained for each
Beneficiary.
1.2 Annual Deferral means the annual amount of Compensation that a Participant elects to
defer pursuant to a properly executed Deferred Compensation Agreement. Effective on
and after January 1, 2011 and if elected in the Adoption Agreement, Annual Deferral
includes a Roth Elective Deferral that is separately accounted for under the Plan.
1.3 Adoption Agreement means the separate agreement that is executed by the Employer
which sets forth the elective and certain non-elective provisions of the Plan. The Adoption
Agreement and this Plan document collectively constitute the Plan.
1.4 Beneficiary means the individual, trustee, estate, or legal entity entitled to receive
benefits under this Plan which become payable in the event of the Participant's death.
1.5 Code means the Internal Revenue Code of 1986, as now in effect or as hereafter
amended. All citations to sections of the Code are to such sections, as they may from
time to time be amended or renumbered, to the Treasury regulations issued thereunder
or to any applicable guidance issued by the IRS.
1.6 Compensation means, unless otherwise set forth in the Adoption Agreement, all cash
remuneration for services rendered to the Employer, including salary, wages, fees,
commissions, bonuses, overtime pay (collectively referred to as "regular pay") and that is
includible in the Participant's gross income for the calendar year plus amounts that would
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be cash remuneration for services to the Employer and includible in the Participant's
gross income for the calendar year but for an election under Section 457(b), 403(b),
401(k), 125, 132(�(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer �
Compensation under Article III) or such other meaning as provided by Section 415(c)(3) ��
of the Code. Such term also includes regular pay received after Severance from
Employment if it is received within the later of finro and one-half(2 1/2) months following
Severance from Employment or the end of the limitation year that includes the date of
Severance from Employment. To the extent elected in the Adoption Agreement, such
term shall also include unused accrued bona fide sick, vacation, and/or other leave
payments provided the Participant would have been entitled to use such leave had
employment continued and such amounts are received by the Plan within the later of two
and one-half(2 1/2) months after Severance from Employment or the end of the limitation
year that includes the date of Severance from Employment. Effective January 1, 2009,
the term Compensation includes Differential Wage Payments.
1.7 Deferred Compensation Agreement means the agreement befinreen a Participant and
the Employer to defer receipt by the Participant of Compensation not yet paid or
otherwise made available. Such agreement shall state the Annual Deferral amount to be
withheld from a Participant's Compensation and shall become effective no earlier than
the first day of the month following execution of such agreement. Once executed and
received by the Plan Administrator, or its designee, the Deferred Compensation
Agreement shall be legally binding and irrevocable with regard to amounts paid or
otherwise made available while the Agreement is in effect.
1.8 Differential Wage Payment means any payment which is made by the Employer to an
Employee with respect to any period during which the Employee is performing service in
the uniformed services (as defined in chapter 43 of title 38 of the Code) while on active
duty for a period of more than thirty (30) days, and such payment represents all or a
portion of the wages the Employee would have received from the Employer if the
Employee were pe�forming service for the Employer.
1.9 Disabled or Disability means the definition of disability in Section 72(m)(7) of the Code
as determined by the Employer.
1.10 Effective Date means the date set forth in the Adoption Agreement if this is a new Plan.
1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan means a plan
that constitutes an eligible governmental deferred compensation plan within the meaning
of Section 457(b) of the Code that is established and maintained by an employer that is a
Governmental employer and eligible to maintain a 457(b) deferred compensation plan.
1.12 Eligible Employee means any person who performs services for the Employer and who,
pursuant to the terms of the Adoption Agreement, is eligible to participate in this Plan.
Unless elected in Adoption Agreement, Eligible Employee shall not include any individual
who is deemed to be an independent contractor, as determined by the Plan Administrator
in its sole and absolute discretion. Eligible Employee shall not include any individual who
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is performing services for the Employer pursuant to an agreement that provides that such
individual shall not be eligible to participate in this Plan or other benefit plans of the
Employer. If any individual is not classified as an Eligible Employee by the Employer and
is subsequently reclassified as an Eligible Employee by any overriding governmental or
regulatory authority, such individual shall nevertheless be deemed to have become an
Eligible Employee prospectively only, effective as of the date of such reclassification (and
not retroactive to the date on which he or she was found to have first become eligible for
any other purposes), and then only if he or she otherwise satisfies the requirements of
this Plan.
1.13 Employee means any person, whether appointed or elected, who is employed by the
Employer as a common law employee, excluding any Employee who is included in a unit
of employees covered by a collective bargaining agreement that does not specifically
provide for participation in the Plan. The term Employee shall include any individual
classified by the Employer as an independent contractor of the Employer, in accordance
with its general administrative policies.
1.14 Employer means the entity that is a state, a political subdivision of a state, and any
agency or instrumentality of a state which has adopted this Plan and is named in the
Adoption Agreement.
1.15 Includible Compensation means with respect to a taxable year, the Participant's
compensation as defined in Section 415(c)(3) of the Code and the Treasury regulations
issued thereunder for services performed for the Employer. The amount of Includible
Compensation is determined without regard to any community property laws. Such term
shall include any amount that would be cash remuneration for services to the Employer
and includible in the Participant's gross income for the calendar year but for an election
under Section 457(b), 403(b), 401(k), 125, 132(fl(4), 401(k), 403(b) or 457(b) of the Code
(including an election to defer Compensation under Article III). Effective January 1, 2009,
Includible Compensation will include Differential Wage Payments made by the Employer
to a Participant.
1.16 Investment Options means the annuity contracts, custodial accounts, and other
investment options offered by TIAA-CREF and selected by the Plan Administrator as
investment options to be offered to Participants and Beneficiaries under the Plan.
Investment Options shall also include any other investment alternatives made available
by any other Investment Sponsor and designated pursuant to the terms of this Plan
document and the Adoption Agreement as being available for the purpose of allocating
contributions, rollovers, and/or transfers under this Plan.
1.17 Investment Sponsors means TIAA-CREF, any other insurance company, regulated
investment company, or other entity providing Investment Options under the Plan.
1.18 Normal Retirement Age means age 65 unless otherwise provided in the Adoption
Agreement.
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1.19 Participant means an Eligible Employee who becomes a Participant in the Plan in
accordance with Article II hereof. An individual shall cease to become a Participant at
such time as he or she no longer has any interest in contracts or accounts under the
Plan. An "Active Participant" means a Participant who is currently an Employee.
1.20 Plan means the 457(b) Deferred Compensation Plan set forth herein and in the Adoption
Agreement, as amended from time to time.
1.21 Plan Administrator means the individual(s) or committee appointed by the Employer to
administer the Plan. If the Employer fails to make such appointment, the Employer shall
be the Plan Administrator.
1.22 Plan Year means the twelve (12) consecutive month period designated by the Employer
in the Adoption Agreement.
1.23 Restated Effective Date means the date set forth in the Adoption Agreement if the Plan
is a restated plan.
1.24 Severance from Employment means the date the Participant dies, retires, or otherwise
severs employment with the Employer as determined by the Plan Administrator or its
designee (and taking into account guidance issued under the Code). To the extent
elected in the Adoption Agreement, such term shall also include a deemed Severance
from Employment during any period the Participant is performing services in the ,
uniformed services for a period of more than thirty (30) days. '
1.25 TIAA-CREF means Teachers Insurance and Annuity Association and College Retirement
Equities Fund.
1.26 Valuation Date means any day that the New York Stock Exchange is open for trading.
ARTICLE II - PARTICIPATION IN THE PLAN
2.1 Eligibility.
(a) Eligible Employees. If this is a new plan, any Employee who is classified as an
Eligible Employee under the terms of the Adoption Agreement as of the Effective
Date shall be eligible to participate in the Plan on the Effective Date. If this is a
restated plan, each present Participant shall continue to be a Participant in the
Plan. Any other Employee who is classified as an Eligible Employee under the
terms of the Adoption Agreement as of the Restated Effective Date shall be
eligible to participate in the Plan on the Restated Effective Date.
(b) Non-Eligible Employees. If this is a new plan, any Employee who is not eligible
to participate in the Plan as of the Effective Date pursuant to paragraph (a) above,
shall be eligible to participate in the Plan upon classification as an Eligible
Employee. If this is a restated plan, any Employee who is not eligible to participate
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in the Plan as of the Restated Effective Date pursuant to paragraph (a) above,
shall be eligible to participate in the Plan upon classification as an Eligible
Employee.
2.2 Enrollment in the Plan. To participate in the Plan, each Eligible Employee shall
complete and remit the applicable enrollment forms, including a Deferred Compensation
Agreement, to the Plan Administrator or its designee. Enrollment shall be effective on or
after the first day of the month following the date the properly completed enrollment forms
are remitted to and accepted by the Plan Administrator or its designee. A newly hired
Eligible Employee may defer Compensation payable in the calendar month in which he or
she becomes an Employee if a Deferred Compensation Agreement is entered into on or
before the first day on which the Eligible Employee performs services for the Employer.
2.3 Information Provided by the Participant. Each Eligible Employee enrolling in the Plan
should provide to the Investment Sponsor or the Plan Administrator, as required, at the
time of initial enrollment, and later if there are any changes, any information necessary or
advisable for the Investment Sponsor or the Administrator, as appropriate, to administer
the Plan, including, without limitation, whether the Eligible Employee is a participant in
any other Eligible Plan.
2.4 Contributions Made Promptly. Annual Deferrals under the Plan shall be transferred to
the applicable Investment Option within a period that is not longer than is reasonable for
the proper administration of the Plan. In no event, shall any Annual Deferrals be
transferred to the applicable Investment Option later than fifteen (15) days following the
end of the month in which the amount would otherwise have been paid to the Participant.
2.5 Leave of Absence. Unless a Deferred Compensation Agreement is otherwise revised, if
a Participant is absent from work by paid leave of absence, Annual Deferrals under the
Plan shall continue to the extent Compensation continues.
2.6 Disability. A Disabled Participant may elect to make Annual Deferrals during any portion
of the period of his or her Disability to the extent that he or she has actual Compensation
(not imputed compensation and not disability benefits) from which to make deferrals to
the Plan and has not had a Severance from Employment.
ARTICLE III - DEFERRAL OF COMPENSATION
3.1 Annual Deferrals. If elected pursuant of the terms of the Adoption Agreement, an
Eligible Employee may elect to make Annual Deferrals to the Plan pursuant to a Deferred
Compensation Agreement with the Employer. Annual Deferrals may be made up to the
applicable annual limits under the Code or, or if less, the amount set forth in the Adoption
Agreement. Subject to the rules of the applicable Investment Sponsor, the Plan
Administrator may establish a minimum Annual Deferral amount and may change such
amount from time to time. The Deferred Compensation Agreement may also include a
designation of Investment Options and a designation of a Beneficiary. Any such election
shall remain in effect until a new election is filed.
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3.2 Modifications to Amount Deferred. A Participant may elect to change the amount of his ,
or her Annual Deferral with respect to future Compensation by submitting a new and
properly executed Deferred Compensation Agreement to the Plan Administrator or its
designee. Pursuant to the rules of the Investment Sponsor, if any, unless the new
Deferred Compensation Agreement specifies a later effective date, a change in the
amount of Annual Deferrals shall take effect as of the first day of the next following month
or as soon as administratively practicable thereafter.
3.3 Deferral of Special Pay. If elected in the Adoption Agreement, a Participant may elect to
defer accumulated bona fide sick, vacation, and/or other leave pay. These amounts may
be deferred for any calendar month only if an agreement providing for the Annual
Deferral is entered into before the beginning of the month in which the amounts would
otherwise be paid or made available.
3.4 Termination of Deferral. A Participant may terminate his or her participation election by
so notifying the Plan Administrator or its designee in using the administrative practices
specified by the Plan Administrator or its designee. Such administrative practices may
include electronic notice, if made available to Participants. Nofinrithstanding the
provisions in Section 3.2 above, any such termination shall take effect as soon as
administratively practicable following receipt by the Plan Administrator or its designee of
satisfactory notice of such revocation.
3.5 Employer Non-Elective Contributions. If elected in the Adoption Agreement, the
Employer shall make non-elective contributions (other than Employer matching
contributions, if any, made pursuant to Section 3.6, below) to the Plan on behalf of Active
Participants. No Participant shall have the right to elect to receive any amount contributed
pursuant to this Section 3.5 as cash in lieu of a contribution. All such non-elective
contributions shall be made at the rate or in the amount set forth in the Adoption
Agreement. Any non-elective contribution will reduce, dollar for dollar, the annual amount
the Participant can defer to the Plan and in no event shall the combined total of
Participant and Employer contributions exceed the maximum amount permitted by law.
3.6 Employer Matching Contributions. If elected in the Adoption Agreement, the Employer
shall make matching contributions (other than Employer non-elective contributions, if any,
made pursuant to Section 3.5, above) to the Plan on behalf of Active Participants who
make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement. No
Participant shall have the right to elect to receive any amount contributed pursuant to this
Section 3.6 as cash in lieu of a contribution. All such matching contributions shall be
� made at the rate or in the amount set forth in the Adoption Agreement and shall be based
on the amount of Annual Deferrals made by an Active Participant to the Plan during the
year. Any matching contribution will reduce, dollar for dollar, the annual amount the
Participant can defer to the Plan and in no event shall the combined total of Participant
and Employer contributions exceed the maximum amount permitted by law.
3.7 Maximum Deferral.
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(a) Primary Limitation. The maximum amount that may be contributed to the Plan
pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of any Participant, other
than by means of a rollover or rollover or plan-to-plan transfer, shall not exceed
the lesser of: (1) the annual applicable dollar amount, as set forth in Section
457(e)(15) of the Code, or (2) 100% of the Participant's Includible Compensation
for the taxable year.
(b) Special Section 457 Catch-Up Limitation. If elected in the Adoption Agreement,
for one (1) or more of the last three (3) taxable years ending before the calendar
year of a Participant's attainment of Normal Retirement Age ("NRA"), the
Participant may utilize the catch-up provision under Section 457(b)(3) of the Code,
When special Section 457 catch-up is utilized, the maximum amount that may be
contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of a
Participant, other than by means of a rollover or plan-to-plan transfer, shall be the
lesser of X or Y. X shall be, for any taxable year beginning on or after January 1,
2002, twice (2 times) the applicable dollar amount in effect under Section
457(b)(2)(A) of the Code for such year. Y shall be the sum of(i) the primary
limitation amount determined under Section 3.7(a), above, for the year, and (ii)
underutilized amounts, which is that portion of the primary limitation amount
determined under Section 3.7(a), above, that is not utilized by the Participant in
prior taxable years (beginning after 1978) in which the Participant was eligible to
participate in the Plan. The special Section 457 catch-up limitation is available to a
Participant during one (1) three (3)-year period only. If the Participant uses the
special Section 457 catch-up limitation and then postpones retirement or returns to
work after retirement, the Participant cannot utilize special Section 457 catch-up
again, even if he or she has underutilized amounts in the Plan or only utilized
special Section 457 catch-up in less than all of the three (3) years prior to the year
the Participant attained his or her NRA.
(c) Catch-Up Limitation For Individuals Age 50 or Older. To the extent permitted
by law and elected in the Adoption Agreement, the maximum Annual Deferral that
may be contributed pursuant to Section 3.1 for any individual who has attained the
age of 50, or older, before the close of a taxable year, shall be increased by the
applicable amount set forth in Section 414(v) of the Code. Nofinrithstanding the
immediately preceding sentence, contributions shall not be made in accordance
with this Section 3.7(c) during any year in which special Section 457 catch-up,
described in Section 3.7(b), provides a higher limitation.
(d) Coordination with Other Code Section 457(b) Plans. If a Participant
participates in more than one (1) Code Section 457(b) plan, all Code Section
457(b) plans are aggregated and the maximum deferral under all such plans shall
not exceed the applicable limit described in Section 3.7(a), above, or if the special
Section 457 or age 50 catch-up is utilized, the applicable limitation described in
Section 3.7(b) or (c), above).
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(e) Distribution of Excess Deferrals. To the extent that any amount deferred under
the Plan for any taxable year exceeds the limitations of this Section 3.7, any
excess deferrals will be distributed pursuant to the applicable provisions of the
' Code, regulations, or other IRS guidance issued thereunder.
3.8 Vesting. A Participant shall be fully vested at all times in his or her accrued benefits
under this Plan. Such accrued benefits shall be non-forfeitable at all times.
3.9 Plan-to-Plan Transfers to the Plan. To the extent provided in the Adoption Agreement
and pursuant to the rules of each Investment Sponsor, a Participant, but not a
Beneficiary, may elect to make contributions that are transferred directly from the
Participant's prior employer's Eligible Governmental Deferred Compensation Plan under
Section 457(b) of the Code. Nofinrithstanding the foregoing, transfers shall be permitted
only to the extent (i) the transferor plan provides for such direct transfers, (ii) the receiving
plan provides for the receipt of plan-to-plan transfers, and (iii) the Participant will have an
amount deferred immediately after the transfer at least equal to the amount deferred with
respect to that Participant immediately before the transfer, and (iv) the Participant gives
written direction to the Employer or its designee in a satisfactory form to make such
transfer. The Plan Administrator may require such documentation from the other plan as
it deems necessary to effectuate the transfer in accordance with Section 457(e)(10) of
the Code and Section 1.457-10(b) of the Treasury regulations and to confirm that the
other plan is an eligible governmental plan as defined in Section 1.457-2(fl of the
Treasury regulations.
The amount so transferred shall be credited to the Participant's Account Balance and
shall be held, accounted for, administered and otherwise treated in the same manner as �
an Annual Deferral by the Participant under the Plan, except that the transferred amount I
shall not be considered an Annual Deferral under the Plan in determining the maximum
deferral limit under Section 3.7. Such funds and the accumulation generated from them !,
shall be fully vested and nonforfeitable at all times. ',
3.10 Acceptance of Rollover Contributions. If so provided in the Adoption Agreement and if
an Active Participant is entitled to receive, and elects to receive, an eligible rollover
distribution from any eligible retirement plan within the meaning of Section 402(c)(8)(B) of '
the Code, each Investment Sponsor shall, subject to the rules of such Investment
Sponsor, accept such amount under this Plan, provided that the rollover to this Plan is
made either directly from another such plan or by the Active Participant within sixty (60)
days of the receipt of the distribution. Any such amounts rolled over from any such plan
shall be made in the form of cash only and accounted for separately upon acceptance as
a rollover under this Plan. Such funds and the accumulation generated from them shall
be fully vested and nonforfeitable at all times and shall not be considered when
calculating the maximum deferral limit under Section 3.7.
3.11 Qualified Military Service.
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(a) Notwithstanding any provision of this Plan to the contrary, contributions, benefits,
and service credit with respect to qualified military service will be provided in
accordance with Section 414(u) of the Code.
(b) A Participant whose employment is interrupted by qualified military service under
Section 414(u) of the Code or who is on a leave of absence for qualified military
service under Section 414(u) of the Code may elect to make additional Annual
Deferrals upon resumption of employment with the Employer equal to the
maximum Annual Deferrals that the Participant could have elected during that
period if the Participant's employment with #he Employer had continued (at the
same level of Compensation) without the interruption or leave, reduced by the
Annual Deferrals, if any, actually made for the Participant during the period of the
interruption or leave. This right applies for five (5) years following the resumption
of employment (or, if sooner, for a period equal to three (3) times the period of the
interruption or leave).
ARTICLE IV - INVESTMENT OF CONTRIBUTIONS
4.1 Direction of Investment. A Participant may request that amounts contributed to the Plan
on his or her behalf be allocated among the available Investment Options available under
the Plan. The Investment Options shall include the Investment Options made available by
TIAA-CREF and any other approved Investment Sponsors. The initial allocation request
may be made at the time of enrollment. Once made, an investment allocation request
shall remain in effect for all subsequent contributions until changed by the Participant.
4.2 Investment Changes. A Participant may change any investment allocation made by
such Participant hereunder, or transfer existing accumulations to another Investment
Option available under the Plan, by submitting a written request to the Employer or its
designee on such form as may be required by the Employer or its designee. Any such
changes shall become effective as soon as administratively feasible after the Employer or
its designee receives a satisfactory written request.
ARTICLE V - DISTRIBUTIONS
5.1 Eligibility for Payment.
(a) Subject to the terms of the Investment Options, distribution of benefits from the
Plan shall be made no earlier than: (i) when the Participant has a Severance from
Employment (other than due to death), (ii) Plan termination, (iii) the Participant has
amounts separately held in a rollover account and, if elected in the Adoption
Agreement: (iv) the calendar year in which the Participant attains age 70-1/2, (v) in
the event of an approved financial hardship due to an Unforeseeable Emergency,
or(vi) the Participant is eligible for an in-service distribution of his or her small
Account Balance.
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(b) Notwithstanding the foregoing, if elected in the Adoption Agreement, with respect
to amounts payable to a Participant who is classified as an independent
contractor, as determined by the Plan Administrator in its sole and absolute
discretion, no amount will be paid to the Participant before a date at least twelve
(12) months after the day on which the contract expires under which services are
performed for the Employer (or, in the case of more than one contract, all such
contracts expire); and no amount payable to the Participant on that date will be
paid to the Participant if, after expiration of the contract (or contracts) and before
that date, the Participant performs services for the Employer as an independent
contractor or an Employee.
(c) "Severance from Employment" means the termination of a Participant's
employment with the Employer for any reason including the Participant's death or
retirement.
(1) A Participant will be deemed to have incurred a Severance from
Employment without regard to whether such Participant continues in the
same job for a different employer following liquidation, merger,
consolidation, or. other similar transaction.
(2) Pursuant to an election in the Adoption Agreement, "Severance from
Employment" for a Participant classified as an independent contractor shall
mean the cessation of services upon expiration of the contract (or in the
case of more than one contract, all contracts) under which services are
performed for the Employer provided the expiration constitutes a good-faith
' and complete termination of the contractual relationship. Expiration will not
constitute a good-faith and complete termination of the contractual
relationship if the Employer anticipates a renewal of the contractual
relationship or the independent contractor becoming an Employee. For this
purpose, an Employer is considered to anticipate the renewal o#the
contractual relationship with an independent contractor if it intends to
contract again for the services provided under the expired contract, and
neither the Employer nor the independent contractor has eliminated the
independent contractor as a possible provider of services under any such
ntract a ain
new contract. Further, an Employer is considered to intend to co g
for the services provided under an expired contract if the Employer's doing
so is conditioned only upon incurring a need for the services, the availability
of funds, or both.
(d) Special Considerations Relating to Military Service.
(1) Unless otherwise elected in the Adoption Agreement, a Participant who dies
(or becomes Disabled) on or after January 1, 2007, while performing
qualified military service will be treated as if he/she had resumed
employment with the Employer on the date preceding death (or Disability)
and terminated employment on the actual date of death (or Disability).
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(2) If elected in the Adoption Agreement and nofinrithstanding anything herein to
the contrary, a Participant shall be deemed as have had a Severance from
Employment during any period the individual is performing service, for thirty
(30) or more days, in the uniformed services described in Section
3401(h)(2)(A) of the Code, thereby enabling the Participant to take a
distribution, but if the Participant elects such a distribution, the Participant
may not make any Annual Deferrals to the Plan for a six-month period
beginning on the date of distribution.
(3) Unless otherwise elected in the Adoption Agreement, with respect to deaths
occurring on and after January 1, 2007, and in accordance with Section
401(a)(37) of the Code, any additional benefits (other than benefit accruals
relating to the period of qualified military service,) made available to the
Beneficiary of a Participant who dies while in the active employment of the
Employer shall be made available to the Beneficiary of an Active Participant
who is on leave and dies while performing qualified military service (as
defined in Section 414(u) of the Code). If the Employer elects to credit
Participants who die while pertorming qualified military service with benefit
accruals in the Adoption Agreement, any Employer contribution will comply
with Section 401(a)(37) of the Code.
5.2 Small Balance In-Service Distributions. Subject to the terms of the Investment Options
and if elected in the Adoption Agreement, a Participant may elect to receive an in-service
distribution of the Participant's benefit under the Plan if the following requirements are
met:
(a) excluding rollover contributions held in a separate account, the total amount of the
Participant's benefit under the Plan does not exceed $5,000 (or the dollar limit
under Section 411(a)(11) of the Code),
(b) the Participant has not previously received a distribution under this provision of the
Plan, and
(c) no amounts have been deferred under the Plan with respect to the Participant I',
during the finro (2)-year period ending on the date of the in-service distribution. '
5.3 In-service Distributions from a Rollover Account. If a Participant has a separate !�
account attributable to rollover contributions to the Plan, the Participant may at any time
elect to receive a distribution of all or any portion of the amount held in the rollover II
account.
5.4 Small Balance Distributions at Severance from Employment. Subject to the terms of
the Investment Option and if elected in the Adoption Agreement, the Employer may direct
the Investment Sponsor to distribute the total amount payable to a Participant who has a
Severance from Employment in the form of a lump sum payment within sixty (60) days of
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the Participant's Severance from Employment, but only if the total amount does not
exceed $1,000. Further, unless otherwise elected by the Participant, if a Participant's
Account Balance exceeds $1,000 but not $5,000 (or the dollar limit under Section
411(a)(11) of the Code), the Employer may direct the Investment Sponsor to distribute
the total amount payable to a Participant in a direct rollover to an individual retirement '�
plan designated by the Employer or its designee. The determination of whether a ,
Participant's Account Balance exceeds the small balance threshold shall be determined !,
by including rollover contributions (and earnings attributable thereto) within the meaning ,
of Sections 402(e), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code. '
5.5 Distribution Due to an Unforeseeable Emergency.
(a) If elected in the Adoption Agreement, a Participant, but not a Beneficiary after the
Participant's death, may request a distribution due to an "Unforeseeable �
Emergency", as defined by Section 1.457-6(c)(2) of the Treasury regulations, by '
submitting a written request to the Plan Administrator or its designee,
accompanied by evidence to demonstrate that the circumstances being
experienced qualify as an Unforeseeable Emergency. The Plan Administrator or
its designee shall have the authority to require such evidence, as it deems
necessary to determine if a distribution shall be warranted. If an application for a
distribution due to an Unforeseeable Emergency is approved, the distribution shall
' be limited to an amount sufficient to meet the Unforeseeable Emergency.
(b) Unless defined otherwise by the Code or regulations, "Unforeseeable Emergency"
generally means a severe financial hardship to the Participant resulting from an
illness or accident of the Participant, the Participant's spouse, the Participant's
dependent (as defined in Section 152 of the Code without regard to Section
152(b)(1), (b)(2), and (d)(1)(B)) or the Participant's primary beneficiary, loss of the
Participant's property due to casualty, or other similar extraordinary and
unforeseeable circumstances arising as a result of events beyond the control of
the Pa�ticipant.
The circumstances that will constitute an Unforeseeable Emergency will depend
upon the facts of each case, but, in any case, payment may not be made to the
extent that such emergency is or may be relieved:
(1) through reimbursement or compensation by insurance or otherwise;
(2) by liquidation of the Participant's assets, to the extent that liquidation of
such assets would not itself cause severe financial hardship; or
(3) by cessation of deferrals under the Plan.
The purchase of a home and the payment of college tuition are not considered to
be an Unforeseeable Emergency. Imminent foreclosure of or eviction from the
Participant's primary residence, the need to pay for medical expenses, including
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prescription drug medication, or the need to pay the funeral expenses of the
Participant's spouse, the Participant's dependent, or the Participant's primary
Beneficiary may constitute an Unforeseeable Emergency.
5.6 Commencement of Distributions.
(a) Subject to the terms of the Investment Options, upon Severance from Employment
(other than due to death), a Participant may commence distribution of benefits at
any time following Severance from Employment by submitting a request to the
Investment Sponsor.
In the event a Participant fails to make an election during the initial election period,
the Participant shall receive a lump sum distribution following the expiration of the
initial election period and within ninety (90) days following Severance from
Employment, unless an alternate default distribution date and/or distribution option
is available and elected in the Adoption Agreement.
(b) Nofinrithstanding the provisions of Section 5.6(a) above, in no event shall
distribution of benefits commence with respect to any Participant later than the
April 1 st of the calendar year following the calendar year in which the Participant
attains age 701/2, or if later, the April 1st of the calendar year following the
calendar year in which the Participant incurs a Severance from Employment.
ARTICLE VI - FORM OF PAYMENT
6.1 Form of Payment. To the extent permitted by the Investment Options, distributions to
Participants will be made in a single lump sum unless other distribution options are made
available by any Investment Sponsor and selected for use under the Plan. These
alternative distribution options may include:
(a) Single Life Annuity. An annuity payable in equal installments for the life of the
Participant that terminates upon the Participant's death.
(b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of
the Participant and his or her Beneficiary.
(c) Fixed Period Payments. Payments for a fixed period subject to the terms or
limitations of the applicable Investment Sponsor or Investment Options.
(d) Any other annuity or withdrawal options as provided under the Investment Options
available under this Plan.
All forms of payments shall be subject to the limitations of the applicable Investment
Sponsor and its Investment Options.
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6.2 Limits on Income Options Under an Annuity Contract. Distributions from an annuity I
contract, if not made in a single lump sum, shall be made over a period that does not
exceed:
(a) the life of the Participant;
(b) the lives of the Participant and his or her designated Beneficiary;
(c) a period certain not extending beyond the life expectancy of the Participant; or
(d) a period certain not extending beyond the life expectancies of the Participant and
his or her designated Beneficiary.
6.3 Minimum Amounts to be Distributed.
(a) If a Participant's retirement payments are to be distributed in a form other than a
single lump sum, the amount to be distributed each year, and the times those
amounts are paid, shall satisfy the requirements specified in Section 401(a)(9) of
the Code and the regulations issued thereunder.
(b) Notwithstanding the foregoing Section 6.3(a), a Participant or Beneficiary who
would have been required to receive required minimum distributions for 2009 but
for the enactment of Section 401(a)(9)(h) of the Code ("2009 RMDs"), and who
would have satisfied that requirement by receiving distributions that are (1) equal
to the 2009 RMDs or (2) one or more payments in a series of substantially equal
distributions (that include the 2009 RMDs) made at least annually and expected to
last for the life (or life expectancy) of the Participant, the joint lives (or joint life
expectancy) of the Participant and the Participant's designated Beneficiary, or for
a period of at least ten (10) years ("Extended 2009 RMDs"), will receive those
distributions for 2009 unless the Participant or Beneficiary chooses not to receive
such distributions. Participants and Beneficiaries described in the preceding
sentence will be given the opportunity to elect not to receive the distributions
described in this Section 6.3(b).
6.4 Minimum Distribution Requirements During Participant's Lifetime.
(a) Requirements of Code and Related Regulations Incorporated. All distributions
required under this Section 6.4 will be determined and made in accordance with
Section 401(a)(9) of the Code and the regulations issued thereunder.
(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant's entire interest will be
distributed, or begin to be distributed, to the Participant no later than the
� April 1 st of the calendar year following the calendar year in which the
Participant attains age 701/2, or if later, the April 1st of the calendar year
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following the calendar year in which the Participant incurs a Severance from
Employment.
(2) Amount of Required Minimum Distribution for Each Distribution
Calendar Year. During the Participant's lifetime, the minimum amount that
will be distributed for each distribution calendar year will be determined
under the applicable provisions of Section 401(a)(9) of the Code and the
Treasury regulations issued thereunder.
(3) Lifetime Required Minimum Distributions Continue through Year of
Participant's Death. Required minimum distributions will be determined
under this Section 6.4 beginning with the first (1st) distribution calendar
year and up to and including the distribution calendar year that includes the
Participant's date of death. Any amount due but untaken in the year of
death, must be received by the Beneficiary, even if the Beneficiary elects to
delay payments under the five (5) year rule under Section 7.2(b).
6.5 Election. Subject to the rules of the Investment Sponsor and the form(s) of distribution
available under the Plan, a Participant or Beneficiary may elect the form of distribution of
his or her benefits and may revoke that election at any time at least thirty (30) days
before his or her benefits begin, or such other time as permitted by the Plan Administrator
or its designee, by notifying the Investment Sponsor in writing of his or her new election.
Unless otherwise set forth in the Adoption Agreement, all distributions of benefits paid
pursuant to the terms of this Plan shall be paid directly by the applicable Investment
Sponsor to the Participant or Bene�ciary.
6.6 Failure to Make Election. If a Participant or Beneficiary fails to elect a form of payment ,
in a timely manner, to the extent permitted by the Investment Option, benefits shall be
paid in a single lump sum.
ARTICLE VII - DEATH BENEFITS
7.1 Form of Payment. Distributions to Beneficiaries will be made in a single lump sum to the
designated Beneficiary as soon as administratively feasible following the death of the
Participant unless the Beneficiary selects an alternative distribution option that is made
available by any other Investment Sponsor and selected for use under the Plan. These
alternative distribution options may include:
(a) Single Life Annuity. An annuity payable in equal installments for the life of the
Beneficiary that terminates upon the Beneficiary's death.
(b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of
the Beneficiary and his or her beneficiary.
(c) Fixed Period Payments. Payments for a fixed period subject to the terms or
limitations of the applicable Investment Sponsor or Investment Options.
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(d) Any other annuity or withdrawal options provided under the Investment Options.
All forms of payments shall be subject to the limitations of the applicable Investment
Sponsor and its Investment Options.
7.2 Death Distribution Requirements. Notwithstanding any other provisions in this Section,
any distribution option selected by a Beneficiary must comply with the following
distribution provisions:
(a) Death After Distributions Begin. If the Pa�ticipant dies after distribution of his or
her interest has commenced, the remaining portion of such interest shall continue
to be distributed at least as rapidly as the method of distribution being used prior to
the Participant's death.
(b) Death Before Distributions Begin. If the Participant dies before distribution of his
or her interest has commenced, distribution of the Pa�ticipant's entire interest shall
be completed by the December 31 st of the calendar year containing the fifth (5th)
anniversary of the Participant's death, except to the extent that the recipient of
such benefits elects to receive distributions in accordance with (1) or (2) below:
(1) If any portion of the Participant's interest is payable to a designated
Beneficiary, distributions may be made in substantially equal annual
payments over the life of the designated Beneficiary, or over a period
certain not extending beyond the life expectancy of the designated
Beneficiary, and commencing no later than the December 31 st of the
calendar year immediately following the calendar year in which the
Participant died;
(2) If the designated Beneficiary is the Participant's surviving spouse, the date
distributions are required to begin in accordance with (1) above shall be the �,
December 31st immediately following the calendar year in which the
Participant died or, if later, the December 31 st of the calendar year in which
the Participant would have attained age 701/2.
(3) If the Participant has not made an election pursuant to this Section 7.2 by
the time of his or her death, the Participant's designated Beneficiary must
elect the method of distribution no later than the earlier of(a) the December
31 st of the calendar year in which distributions would be required to begin
under this Section 7.2, or (b) the December 31 st of the calendar year which
contains the fifth (5th) anniversary of the date of death of the Participant. If
the Participant has no designated Beneficiary, or if the designated
Beneficiary does not elect a method of distribution, distribution of the
Participant's entire interest must be completed by the December 31 st of the
calendar year containing the fifth (5th) anniversary of the Participant's
death.
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(c) For purposes of Section 7.2(b), if the surviving spouse dies after the Participant,
but before payments to such spouse begins, the provisions of Section 7.2(b) with
the exception of paragraph (2) shall be applied as if the surviving spouse were the
Participant.
(d) For purposes of this Section 7.2, any amount paid to a child of the Participant will
be treated as if it had been paid to the surviving spouse if the amount becomes
payable to the surviving spouse when the child reaches the age of majority.
(e) For the purposes of this Section 7.2, distribution of a Participant's interest is
considered to begin on the Participant's required beginning date (or, if applicable,
the date distribution is required to begin to the surviving spouse). If distribution in
the form of an annuity irrevocably commences to the Participant before the
required beginning date, the date distribution is considered to begin is the date
distribution actually commences.
7.3 Death of Beneficiary Before Benefits Commence. In the event that a Beneficiary dies
after becoming entitled to receive benefits under this Plan but before distributions to the
Beneficiary have commenced, the benefits due such Beneficiary shall be paid to the
estate of the Beneficiary in a single lump sum payment as soon as administratively
feasible following the Beneficiary's death. No other distribution elections shall be
permitted.
ARTICLE VIII - TRANSFERS AND ROLLOVERS
8.1 Plan-to-Plan Transfers from the Plan.
(a) If elected in the Adoption Agreement and subject to the terms of the Investment
Option, any Participant (or Beneficiary upon the Participant's death) can elect to
have his or her Account Balance transferred to another Eligible Governmental
Deferred Compensation Plan (the "receiving plan") and the transfer satisfies the
applicable requirements of Section 1.457-10(b) of the Treasury regulations.
(b) Upon the transfer of assets under this Section 8.1, the Plan's liability to pay
benefits to the Participant or Beneficiary under this Plan shall be discharged to the
extent of the amount so transferred for the Participant or Beneficiary. The Plan
Administrator or its designee may require such documentation from the receiving
plan as it deems appropriate or necessary to comply with this Section 8.1 (for
example, to confirm that the receiving plan is an eligible governmental plan under
paragraph (a) of this Section 8.1, and to assure that the transfer is permitted under
the receiving plan) or to effectuate the transfer.
8.2 Permissive Service Credit Transfers.
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(a) If elected in the Adoption Agreement, any Participant who participates in a tax-
qualified defined benefit governmental plan (as defined in Code Section 414(d))
that provides for the acceptance of plan-to-plan transfers with respect to the
Participant may elect to have any portion of the Participant's Account Balance
transferred from this Plan to the defined benefit governmental plan. A transfer
under this Section 8.2 may be made before the Participant has had a Severance
from Employment.
(b) A transfer may be made under this Section 8.2 only if the transfer is either for (i)
the purchase of permissive service credit (as defined in Section 415(n)(3) of the
Code) under the receiving defined benefit governmental plan; or (ii) the repayment
of contributions and earnings related to a previous forfeiture of service credit under
the defined benefit governmental plan.
8.3 Direct Rollovers.Nofinrithstanding any provision of the Plan to the contrary that would
otherwise limit a distributee's election under this provision, a "distributee" may elect, at
the time and in the manner prescribed by the Employer, to have all, or any portion of an
eligible rollover distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
For purpose of implementing the requirements of this provision, certain terms contained
in this Section 8.3 shall be defined as follows:
(a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of
all or any portion of the Account Balance to the credit of the distributee, except that
an eligible rollover distribution does not include: any distribution that is one of a
series of substantially equal periodic payments (not less frequently than annually)
made for the life (or life expectancy) of the distributee or the joint lives (or joint life
expectancies) of the distributee and the distributee's designated Beneficiary, or for
a specified period of ten (10) years or more; any distribution to the extent such
distribution is required under Section 401(a)(9) of the Code; and any other
exception permitted by law or the Internal Revenue Service. Any amount that is
distributed on account of Unforeseeable Emergency shall not be an eligible
rollover distribution (and the distributee may not elect to have any portion of such a
distribution paid directly to an eligible retirement plan). For 2009 only, the following
shall also be treated as an eligible rollover distribution: 2009 RMDs and Extended
2009 RMDs as defined in Section 6.4(b) of the Plan.
(b) Eligible Rollover Distribution to a Roth IRA. Effective January 1, 2008, a
Participant or any designated Beneficiary of the Participant may elect to roll over
amounts in accordance with Section 408A(e) of the Code directly to a Roth IRA,
provided that for any taxable year prior to January 1, 2010, the provisions of
Section 408A(c)(3)(B) of the Code are satisfied.
(c) Eligible Retirement Plan. An eligible retirement plan is any plan within the meaning
of Section 402(c)(8)(B) of the Code that accepts the distributee's eligible rollover
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distribution. An eligible retir�ment plan shall also mean an Eligible Plan under
Section 457(b) of the Code which is maintained by a state, political subdivision of
a state, or any agency or instrumentality of a state or political subdivision of a
state, and which agrees to separately account for amounts transferred into such
plan from this Plan. This definition of eligible retirement plan shall also apply in the
case of a rollover request for a distribution to a surviving spouse, or to a spouse or
former spouse who is the alternate payee under a qualified domestic relation
order, as defined in Section 414(p) of the Code.
(d) Distributee.
(1) A distributee includes a Participant, a Participant's surviving spouse, a
Participant's former spouse who is the alternate payee under a qualified
domestic relations order, as defined in Section 414(p) of the Code, are
distributees with regard to the interest of the spouse or former spouse.
Effective beginning January 1, 2010, consistentwith the provisions of Code
Section 402(c)(11), in the case of a distribution to a designated Beneficiary
for purposes of Code Section 401(a)(9) who at the time of the Participant's
death was neither the spouse of the Participant nor the spouse or former
spouse of the Participant who is an alternate payee under a domestic
relations order, a direct rollover is payable only to an individual retirement
account, Roth IRA or individual retirement annuity (IRA) that has been
established on behalf of the Beneficiary as an inherited IRA (within the
meaning of Section 408(d)(3)(C) of the Code).
(2) Although a non-spouse Beneficiary may directly rollover a distribution as
provided in this subsection (d), any distribution made before January 1,
2010, is not subject to the direct rollover requirements of Code Section
401(a)(31) (including Code Section 401(a)(31)(B), the notice requirements
of Code Section 402(fl, or the mandatory withholding requirements of Code
Section 3405(c)). If a non-spouse Beneficiary receives a distribution from
the Plan, the distribution is not eligible for a "60-day" rollover.
ARTICLE IX - LOANS
9.1 Availability. If elected in the Adoption Agreement and subject to the terms of the
Investment Options, a Participant who is an Active Participant may apply for and receive
a loan from his or her Account Balance as provided in this Article IX. All loans must be
subject to the terms of the Investment Options available under the Plan from which they
are taken and subject to such rules and procedures as the Plan Administrator or its
designee may adopt. Any such loan must be available to all Participants on a reasonably
equivalent basis and may not be for an amount less than $1,000. All applications for a
loan shall be made to the Investment Sponsor sponsoring the Investment Option from
which the loan is taken. Absent any contrary provision in the loan agreement with the
Investment Sponsor or under the Investment Option, the terms of this Article IX will apply.
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9.2 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of:
(a) $50,000, reduced by the greater of(i) the outstanding balance on any loan from '
the Plan to the Participant on the date the loan is made or (ii) the highest
outstanding balance on loans from the Plan to the Participant during the one-year
period ending on the day before the date the loan is approved by the Investment
Sponsor (not taking into account any payments made during such one-year
period), or
(b) one-half of the value of the Participant's vested Account Balance (as of the
Valuation Date immediately preceding the date on which such loan is approved by
the Investment Sponsor).
For purposes of this Section 9.2, any loan from any other plan maintained by the
Employer shall be treated as if it were a loan made from the Plan, and the Participant's
vested interest under any such other plan shall be considered a vested interest under this
Plan; provided, however, that the provisions of this paragraph shall not be applied so as
to allow the amount of a loan under this Section 9.2 to exceed the amount that would
otherwise be permitted in the absence of this paragraph.
9.3 Terms of Loan. The terms of the loan shall:
(a) require level amortization with payments not less frequently than quarterly
throughout the repayment period.
(b) require that the loan be repaid within five (5) years unless the Participant certifies
in writing to the Plan Administrator that the loan is to be used to acquire any
dwelling unit which, within a reasonable time, is to be used (determined at the time
the loan is made) as a principal residence of the Participant, in which case the
loan may be repaid over a period not greater than ten (10) years.
(c) provide for interest at a rate to be determined under the terms of the Investment
Option or the loan procedures of the Investment Sponsor.
9.4 Extended Loan Term for Leaves of Absence due to Military Service. The Plan may
suspend the obligation to repay a loan for any period during which a Participant is
performing military service in accordance with Section 414(u)(4) of the Code, even if the
service is not qualified military service as defined under the Uniformed Services
Employment and Reemployment Rights Act of 1994. Loan repayments must resume
upon the completion of the military service, and the loan must be repaid in full (including
interest that accrues during the period of military service) by amortization in substantially
level payments over a period that ends not later than five (5) years after the origination
date of the loan (unless the loan is for the purchase of a principal residence) plus the
period of the military service.
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9.5 Loan Default. In the event that a Participant fails to make a loan payment under this
Article IX by the end of the calendar quarter following the calendar quarter in which the
loan payment was due, a default on the loan shall occur. Loan defaults shall be
administered in accordance with specific rules documented under the Investment Options
and the Code.
ARTICLE X - ROTH ELECTIVE DEFERRALS
10.1 General Application. This Article X will apply to contributions beginning with the
effective date specified in the Adoption Agreement but in no event, before the first day of
the first taxable year beginning on or after January 1, 2011.
(a) As of the effective date under Section 10.1, the Plan will accept Roth Elective
Deferrals made on behalf of Participants. A Participant's Roth Elective Deferrals
will be allocated to a separate account maintained for such deferrals as described
in Section 10.2.
(b) Unless specifically stated otherwise, Roth Elective Deferrals will be treated as
Annual Deferrals for all purposes under the Plan.
10.2 Separate Accounting.
(a) Contributions and withdrawals of Roth Elective Deferrals will be credited and
debited to the Roth Elective Deferral account maintained for each Participant.
(b) The Plan will maintain a record of the amount of Roth Elective Deferrals in each
Participant's account.
(c) Gains, losses, and other credits or charges must be separately allocated on a
reasonable and consistent basis to each Participant's Roth Elective Deferral
account and the Participant's other accounts under the Plan.
(d) No contributions other than Roth Elective Deferrals and properly attributable
earnings will be credited to each Participant's Roth Elective Deferral Account.
10.3 Direct Rollovers.
(a) Notwithstanding Section 8.3, a direct rollover of a distribution from a Roth Elective
Deferral account under the Plan will only be made to another Roth Elective
Deferral account under an Eligible Governmental Deferred Compensation Plan
and only to the extent the rollover is permitted under the rules of Section 402(c) of
the Code or as otherwise permitted by law.
(b) Notwithstanding Section 3.11, unless otherwise provided by the Employer in the
Adoption Agreement, the Plan will accept a rollover contribution to a Roth Elective
Defe�ral account only if it is a direct rollover from another Roth Elective Deferral
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account under an Eligible Governmental Deferred Compensation Plan and only to
the extent the rollover is permitted under the rules of Section 402(c) of the Code or
as otherwise permitted by law.
(c) Notwithstanding Sections 8.3 and 3.11 and if elected in the Adoption Agreement
and subject to the terms of the Investment Options, a Participant may elect an in-
plan eligible rollover distribution of Annual Deferrals to the Participant's designated
Roth Elective Deferral account if the eligible rollover distribution meets the
following requirements:
(1) the eligible rollover distribution is from a non-designated Roth account in
the Plan;
(2) the distribution is because of an event that triggers the availability of an
eligible rollover distribution from the Plan; and
(3) otherwise meets the rollover requirements of Section 402(c).
(d) Any eligible rollover distributions from a Participant's Roth Elective Deferral
account are taken into account in determining whether the total amount of
the Participant's Account Balances under the Plan exceeds the threshold
amount for purposes of distributions from the Plan pursuant to Section 5.4.
(e) If subject to any minimum threshold for distributions that are direct rollovers
that are imposed by the Plan Administrator or under the Investment
Options, any amount distributed from the Participant's Roth Elective
Deferral account is treated as a separate distribution from any amount
distributed from the Participant's other accounts in the Plan, even if the
amounts are distributed at the same time.
10.4 Definition of Roth Elective Deferrals. A Roth Elective Deferral is an elective deferral III
that is:
(a) Designated irrevocably by the Participant in the Deferred Compensation
Agreement as a Roth Elective Deferral that is being made in lieu of all or a portion
of the pre-tax Annual Deferrals the Participant is otherwise eligible to make under
the Plan; and
(b) Treated by the Employer as includible in the Participant's income at the time the
Participant would have received that amount in cash if the Participant had not
made an agreement to defer this Compensation.
ARTICLE XI - BENEFICIARY INFORMATION
11.1 Designation. A Participant shall have the right to designate a Beneficiary, and amend or
revoke such designation at any time prior to commencement of benefits, in writing and in
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a form approved by the Plan Administrator, its designee, or the Investment Sponsor.
Such Beneficiary designations, amendments, or revocations will be maintained by the
Investment Sponsor and shall be effective upon satisfactory receipt by the Investment
Sponsor.
11.2 Failure to Designate a Beneficiary. Absent any procedures set forth by the Investment
Sponsor, benefits shall be paid to the Participant's estate if, prior to the date a Participant
commences to receive payment of benefits under the Plan, the Participant has not
designated a Beneficiary or no designated Beneficiary survives the Participant and
benefits are payable following the Participant's death.
ARTICLE XII - PLAN ADMINISTRATION
12.1 Plan Administration. The Employer shall be responsible for appointing a Plan
Administrator to administer the Plan. The Plan Administrator may authorize a committee
comprised (to the extent possible) of not less than three (3) persons, to act collectively
with regard to administration of the Plan. The Plan Administrator shall have sole
discretionary responsibility for the interpretation of the Plan, enrolling Participants in the
Plan, sending contributions on behalf of each Participant to the applicable Investment
Sponsor, and for performing other duties required for the operation of the Plan. Any
action taken on any matter within the discretion of the Plan Administrator shall be made
in its sole and absolute discretion based on this Plan document and the Adoption
Agreement, and shall be final, conclusive, and binding on all parties. In order to discharge
its duties hereunder, the Plan Administrator shall have the power and authori#y to
delegate ministerial duties and to employ such outside professionals as may be required
for prudent administration of the Plan. The Plan Administrator shall also have authority to
enter into agreements on behalf of the Employer necessary to implement this Plan.
12.2 Accounts and Expenses. The Employer or the Investment Sponsor shall establish and
maintain book entry accounts on behalf of each Participant and Beneficiary after the
death of the Participant. Such accounts shall be valued in accordance with the rules of
the Investment Option, in which the accounts are invested. Each Participant shall receive
a written notice of his or her Account Balance following such valuation or valuations,
provided that such notice shall not be required to be given more than one time per
calendar quarter. Each Participant's Account Balance shall reflect the aggregate of his or
her Annual Deferrals, Employer non-elective contributions, Employer matching
contributions, and plan-to-plan transfers and rollovers, if any, and shall also reflect
investment experience attributable to such Account Balance and expense charges
applied to, and distributions made from, such Account Balance.
12.3 Mistaken Contribution. If any contribution (or any portion of a contribution) is made to
the Plan by a good faith mistake of fact, then within one (1) year after the payment of the
contribution, and upon receipt in good order of a proper request approved by the Plan
Administrator, the amount of the mistaken contribution (adjusted for any income or loss in
value, if any, allocable thereto) shall be returned directly to the Participant or, to the
extent required or permitted by the Plan Administrator, to the Employer.
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12.4 Domestic Relations Orders. Notwithstanding Sections 14.3 and 14.9, if a judgment,
decree or order (including approval of a property settlement agreement) that relates to
the provision of child support, alimony payments, or the marital property rights of a
spouse or former spouse, child, or other dependent of a Participant is made pursuant to
the domestic relations law of any State ("domestic relations order" or"DRO"), then,
unless otherwise elected in the Adoption Agreement, the amount of the Participant's
Account balance shall be paid in the manner and to the person or persons so directed in
the domestic relations order provided such domestic relations order is found to be
qualified under the provisions of Section 414(p) of the Code ("QDRO"). Payment shall be
made without regard to whether the Participant is eligible for a distribution of benefits
under the Plan. The Investment Sponsor shall establish reasonable procedures for
determining the status of any such decree or order and for effectuating distribution
pursuant to the domestic relations order. The Plan Administrator shall establish such ,
procedures, in the absence of any procedures established by the Investment Sponsor.
Effective April 6, 2007, a DRO that otherwise satisfies the requirements of a QDRO will '�i
not fail to be a QDRO solely because (a) the order is issued after or revises another DRO I
or QDRO, or (b) at the time the DRO is issued, including issuance after the starting date ��
for the Participant's selected or defaulted form of distribution or the Participant's death. i,
Any such DRO shall be subject to the same requirements and protections as any other
QDRO. ��
12.5 IRS Levy. Notwithstanding Sections 14.3 and 14.9, the Plan Administrator may pay from
a Participant's or Beneficiary's book entry account the amount that the Plan Administrator
finds is lawfully demanded under a levy issued by the Internal Revenue Service with
respect to that Participant or Beneficiary or is sought to be collected by the United States
Government under a judgment resulting from an unpaid tax assessment against the
Participant or Beneficiary.
12.6 Procedure When Distributee Cannot be Located. Absent any procedures from the
Investment Sponsors, the Plan Administrator shall make all reasonable attempts to
determine the identity and address of a Participant or a Participant's Beneficiary (the
"distributee") entitled to benefits under the Plan. For this purpose a reasonable attempt
means (a) the mailing by certified mail of a notice to the last known address shown on the
Employer's or Plan Administrator's records, (b) notification sent to the Social Security
Administration or the Pension Benefit Guaranty Corporation (under their program to
identify payees under retirement plans), and (c) the distributee has not responded within
six (6) months. If the Plan Administrator is unable to locate such person entitled to
benefits hereunder, or if there has been no claim has been made for such benefits, the
Plan shall continue to hold the benefits due such person.
12.7 Payments to Minors and Incompetents. Absent any procedures from the Investment
Sponsors, if a Participant or Beneficiary entitled to receive any benefits hereunder is a
minor or is adjudged to be legally incapable of giving valid receipt and discharge for such
benefits, or is deemed so by the Plan Administrator or the Investment Sponsor, the
Investment Sponsor shall make the distribution of benefits to the Participant's or
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Beneficiary's guardian, conservator, custodian, attorney-in-fact, or to any other legal
representative adjudged to be appropriate upon receiving satisfactory evidence of such
status or a court order to that effect.
ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN
13.1 Amendment of Plan. While it is expected that this Plan will continue indefinitely, the
Employer reserves the right at any time to amend or otherwise modify the Plan without
any liability for such action. No amendment shall increase the duties or responsibilities of
any Investment Sponsor without its prior consent thereto in writing.
13.2 Termination of Plan. The Employer shall have the right at any time to terminate the
Plan. No termination shall affect the amounts already deferred under the Plan. In order
for the Plan to be considered terminated, funds deferred under the Plan must be
distributed to all Plan Participants and Beneficiaries as soon as administratively
practicable after termination of the Plan, in accordance with the terms of the Investment
Option.
ARTICLE XIV - MISCELLANEOUS I
14.1 Plan Non-Contractual. Nothing contained in this Plan will be construed as a
commitment or agreement on the part of any person to continue his or her employment
with the Employer, and nothing contained in this Plan will be construed as a commitment
on the part of the Employer to continue the employment or the rate of compensation of
any person for any period, and all Employees of the Employer will remain subject to
discharge to the same extent as if the Plan had never been put into effect.
14.2 Claims of Other Persons. The provisions of the Plan will in no event be construed as
giving any Participant or any other person, firm, corporation or other legal entity, any legal
or equitable right against the Employer, its officers, employees, directors or trustees,
except the rights as are specifically provided for in this Plan or created in accordance with
the terms and provisions of this Plan.
14.3 Non-Assignability. Except as otherwise provided in 12.4 and 12.5, the interest of each
Participant or Beneficiary under the Plan is not subject to the claims of the Participant's or
Beneficiary's creditors, and neither the Participant nor any Beneficiary shall have any
right to sell, assign, transfer, or otherwise convey the right to receive payments
hereunder or any interest under the Plan, which payments and interest are expressly
declared to be non-assignable and non-transferable.
14.4 Contracts. The terms of each Investment Option offered to Participants as an investment
option hereunder, the terms of a custodial agreement, or trust in which an Investment
Option may be held, any contract issued on behalf of a Participant, certificate issued to a
Participant, and any other written documents or instruments related to any such matters
are a part of the Plan as if fully set forth in the Plan document and the provisions of which
are hereby incorporated by reference into the Plan. In the case where there is any
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inconsistency or ambiguity between the terms of the Plan and those of any contract,
certificate, custodial agreement, trust, or other such document or instrument if any,
funding the Plan, the terms of the contract, certificate, custodial agreement, trust, or other
such document or instrument will control to the extent not inconsistent with the applicable
provisions of the Code and any applicable regulations issued thereunder.
14.5 Pronouns. Whenever used herein, the masculine pronoun is deemed to include the
feminine. The singular form, whenever used herein, shall mean or include the plural form
where applicable, and vice versa.
14.6 Representations. The Employer does not represent or guarantee that any particular
Federal or State income, payroll, personal property, or other tax consequence will result
from participation in this Plan. A Participant should consult with professional tax advisors
to determine the tax consequences of his or her participation. Furthermore, the Employer
does not represent or guarantee investment returns with respect to any Investment
Option and shall not be required to restore any loss which may result from such
investment or lack of investment.
14.7 Severability. This Plan document is intended to comply with the applicable provisions of
the Code, Treasury regulations, and other IRS guidance issued thereunder. To the extent
not inconsistent with Section 14.4, if any provision in this Plan document is inconsistent
therewith, the inconsistent provision shall be struck from the document and replaced with
the applicable provision from the Code, Treasury regulation, or any other applicable IRS
guidance. In addition, if a court of competent jurisdiction holds any provision of this Plan
to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be
fully effective.
14.8 Applicable Law. This Plan shall be construed in accordance with applicable Federal law
and, to the extent otherwise applicable, the laws of the State in which the Employer is
located.
14.9 Trust Fund. To the extent the trust requirements of Section 457(g)(3) of the Code are not
satisfied through one or more annuity contracts or custodial agreements satisfying the
requirements of Section 401(fl of the Code, all amounts of deferrals and contributions to
the Plan, all property and rights purchased with such amounts, and all income attributable
to such amounts, property, or rights shall be held and invested in the "Trust Fund" in
accordance with this Plan and any trust agreement. The Trust Fund, and any subtrust
established under the Plan, shall be established pursuant to a written agreement that
constitutes a valid trust under the laws of the state in which the Employer is located. The
trustee shall ensure that all investments, amounts, property, and rights held under the
Trust Fund are held for the exclusive benefit of the Participants and their Beneficiaries.
The Trust Fund shall be held in trust pursuant to a trust agreement for the exclusive
benefit of Participants and their Beneficiaries and defraying reasonable expenses of the
Plan and of the Trust Fund. It shall be impossible prior to the satisfaction of all liabilities
with respect to Participants and their Beneficiaries, for any part of the assets and income
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of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive
benefit of Participants and their Beneficiaries.
IN WITNESS WHEREOF, this Plan Document has been executed this day of
, 2015
CITY OF RENTON
By:
Printed Name:
Title:
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APPENDIX B
ADOPTION AGREEMENT
FOR THE ELIGIBLE
457(b) DEFERRED COMPENSATION
PLAN OF
CITY OF RENTON,
A GOVERNMENTAL EMPLOYER
TIAA
CREF
Flnanctal Services -
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
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1. Generallnformation
(A) Name of Governmental Employer: Citv of Renton
(B) Address of Governmental Employer: 1055 S. Gradv Wav
Renton. WA 98057
(C) Name of Plan: Citv of Renton Deferred Comaensation Plan
(D) Federal Tax ID Number of
Governmental Employer: 91-6001271
(E) Plan Administrator's Name and
Address: Maria Boaas
1055 S. Gradv Wav. Renton. WA 98057
2. Effective Date/ Restated Effective Date (Article I - Definitions)
(Select one)
(A) [ ] The Plan is a new plan. The Effective Date is
(B) [X] The Plan is a restated plan. The Restated Effective Date is 10/01/2015
The Plan's initial Effective Date was 07/01/2013
3. Plan Year (Article I - Definitions)
(Select all that apply)
Plan Year means:
(A) [X] The calendar year.
(B) [ ] The Plan Year is a finrelve (12) month period beginning on and ending on
the following .
(C) [ ] The initial Plan Year is a short Plan Year beginning on and ending on
. Thereafter, the Plan Year will be the finrelve (12) month period selected in
Box 3(A) or Box 3(B) above.
4. De�nition of Compensation (Article I - Definitions)
(Please make a selection in (A) and(8))
(A) [ ] Compensation is defined as W-2 wages (including differential wage payments)
[ ] Compensation will be defined as W-2 wages exclusive of the following:
[X] Compensation will be defined as follows:
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(B) If so selected, this amount also includes pay for accrued bona fide sick, vacation or other
leave pay (but not severance pay). (Note: Any such pay must be paid within the later of 2 '/Z
months following Severance from Employment or the end of the calendar year which
includes the date of Severance from Employment.)
[X] Yes, include. If yes, select which types of accrued leave pay will apply to the Plan.
(1) [X]Accrued bona fide sick pay
(2) [X]Accrued vacation pay
(3) [X]Other accrued leave pay (describe): Differential waae aavment bv reason of
aualified militarv service (within meanina of Code Section 404(u).
[ ] No, do not include.
5. Eligible Employee (Article I - Definitions)
(Se/ect all that apply)
(A) [ ] All Employees of the Employer.
(B) [X] All Employees of the Employer, other than the following excluded Employees:
(1) [X]Leased Employees
(2) [ ] Salaried Employees
(3) [ ] Hourly Employees
(4) [X]Seasonal Employees
(5) [X]Temporary Employees
(6) [X]Independent Contractors
(7) [ ] Employees whose employment is governed by the terms of a collective
bargaining agreement between Employee representatives (within the meaning
of Code Section 7701(a)(46)) and the Employer, under which retirement
benefits were the subject of good faith bargaining.
(8) [ ] Other: �
6. Contract Selection and Alternate Investment Sponsors (Article I - Definitions)
(A) Investment Options are any investments made available by either TIAA-CREF under its
contracts (including the use of TIAA-CREF or non-proprietary mutual funds) or any other
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Investment Sponsor and selected for use under this Plan by the Employer, or its designee.
The contracts that will be offered by TIAA-CREF under the Plan are: (Se/ect all that apply)
[X] TIAA Retirement Choice Plus Annuity Contract ("TIAA RCP") and CREF Retirement
Choice Plus Annuity Contract ("CREF RCP").
[ ] TIAA Retirement Choice Annuity Contract ("TIAA RC") and a CREF Retirement Choice
Annuity Contract ("CREF RC").
[ ] TIAA Stable Value Annuity Contract ("TIAA Stable Value") in conjunction with an RC
Contract. If this option is selected, the RC Contract will also be included in the
selection.
[ ] For plans in existence prior to January 1, 2013, TIAA Group Supplemental Retirement
Annuity Contract ("TIAA GSRA") and CREF Group Supplemental Retirement Annuity
Contract ("CREF GSRA").
(B) Alternate Investment Sponsors. (Select one)
[X] No, alternate Investment Sponsors are not available under the Plan. TIAA-CREF is the
sole Investment Sponsor under the Plan.
[ ] Yes, alternate Investment Sponsors are available under the Plan. (List alternate
Investment Sponsors)
7. Normal Retirement Age (Article I - Definitions)
(Please make a selection in (A) and if applicable, (8))
(A) General Rule. Other than provided in (B), Normal Retirement Age ("NRA") can be defined as
, any age that is on or after the earlier of age 65 or the age at which a Participant can retire
and receive an unreduced benefit under the Employer's defined benefit plan (or if there is no
defined benefit plan or if Participants cannot participate in that plan, a money purchase
pension plan in which Participants also participate), and that is not later than age 70 '/z.
Alternatively, an Eligible Plan may choose or permit participants to choose any NRA that is
within those ages.
(1) [ ] Normal Retirement Age will be age 65.
(2) ( ] Normal Retirement Age will be age .
(3) [X]Normal Retirement Age will be the age selected by each Participant.
(4) [ ] Normal Retirement Age is defined as follows:
(B) Special Rule for Participants who are Police or Firefighters. Those Participants may
substitute age 40 for age 65 for the rules in (A).
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(1) [ ] Normal Retirement Age will be age 40.
(2) [ ] Normal Retirement Age will be age .
(3) [X]Normal Retirement Age will be the age selected by each Participant.
(4) [ ] Normal Retirement Age is defined as follows:
8. Annual Deferrals (Section 3.1)
(Select one)
(A) [X] Annual Deferrals may be made to the Plan up to the maximum amount permitted by
law.
(B) [ ] Annual Deferrals may be made to the Plan up to a maximum amount equal to
provided that in no event may such deferrals exceed the maximum amount
permitted by law.
(C) [ ] Annual Deferrals may only be made to this Plan up to the maximum permitted by law
after maximizing Elective Deferrals to the Employer's 403(b) plan.
(D) [ ] Annual Deferrals may not be made to the Plan.
9. Roth Elective Deferrals (Article X) �
(Select one)
(A) [X] Roth Elective Deferrals may be made to the Plan up to the maximum amount permitted
by law.
(B) ( ] Roth Elective Deferrals may be made to the Plan up to a maximum amount equal to
, provided that in no event may such deferrals exceed the maximum
amount permitted by law.
(C) [ ] Roth Elective Deferrals may only be made to this Plan up to the maximum permitted by
law after maximizing Elective Deferrals to the Employer's 403(b) plan.
(D) [ ] Roth Elective Deferrals may not be made to the Plan.
10.Deferral of Special Pay (Section 3.3)
(Select one)
If selected below, a Participant may elect to defer accumulated sick pay, accumulated vacation
pay and other leave pay provided that in no event shall such deferrals to the Plan exceed the
maximum amount permitted by law.
[X] Yes, apply. (Question 4.(B) must also be checked, Yes.)
[ ] No, do not apply.
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Adoption Agreement
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11.Age 50 Catch-up Contributions (Section 3.7(c))
(Select one)
If selected below, age 50 catch-up contributions may be made to the Plan up to the maximum
amount permitted by law.
[X] Yes, apply.
[ ] No, do not apply.
12.Special Section 457 Catch-up Limitation (Section 3.7(b))
(Select one)
If selected below, the special Section 457 catch-up contributions may be made to the Plan up to
the maximum amount permitted by law.
[X] Yes, apply.
[ ] No, do not apply.
13.Employer Non-Elective Contributions (Section 3.5)
Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer
to the Plan and in no event shall the combined total of Participant and Employer contributions
exceed the maximum amount permitted by law.
(Select one)
[ ] The Employer will make non-elective contributions to the Plan on behalf of all Active
Participants in an amount equal to % of the Participant's Compensation.
[X] The Employer will make non-elective contributions to the Plan as follows (include a
description of the class(es) of Active Participants receiving the contribution and the amount
or if the contribution will be discretionary and only made to certain Active Participants as
designated by the Employer in its discretion):
Discretionarv amount declared bv Emalover
[ ] The Employer will not make any non-elective contributions to the Plan.
14.Employer Matching Contributions (Section 3.6)
Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer
to the Plan and in no event shall the combined total of Participant and Employer contributions
exceed the maximum amount permitted by law.
(Select one)
(A) [ ] The Employer will make matching contributions to the Plan on behalf of Active
Participants who make an Annual Deferral pursuant to a Deferred Compensation
Agreement in an amount equal to % of the Participant's Compensation that is
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contributed to the Plan for the Plan Year. '
(B) [ ] The Employer will make matching contributions to the Plan on behalf of Active
Participants who make an Annual Deferral pursuant to a Deferred Compensation
Agreement in an amount equal to % of the first % of the Participant's
Compensation that is contributed to the Plan for the Plan Year.
(C) [ ] The Employer will make matching contributions to the Plan as follows (include a
description of the class(es) of Active Participants receiving the contribution and the
amount or if the contribution will be discretionary and only made to certain Active
Participants as designated by the Employer in its discretion):
(D) [X] The Employer will not make any matching contributions to the Plan.
15.Plan-to-Plan Transfers to the Plan (Section 3.9)
(Se/ect one)
Please note that, in general, direct plan-to-plan transfers to the Plan can only be made from
another Eligible Governmental 457(b) Deferred Compensation Plan and if the Participant is an
Eligible Employee of the Employer. No transfers to the Plan can be made by a Beneficiary.
(A) [X] Direct transfers may be made to the Plan from another Eligible Governmental 457(b)
Deferred Compensation Plan to the extent permitted by law.
(B) [ ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b)
Deferred Compensation Plan, subject to the following limitations:
(C) [ ] Direct transfers may not be made to this Plan.
16.Plan-to-Plan Transfers from the Plan Section 8.1
� )
(Select one)
Please note that, in general, direct plan-to-plan transfers from the Plan can only be made to
another Eligible governmental 457(b) Deferred Compensation Plan following the Participant's
Severance from Employment with the employer that maintained the transferor plan unless the
transfer is with respect to a Participant's Beneficiary.
(A) [X] Direct transfers from the Plan may be made to another Eligible Governmental 457(b)
Deferred Compensation Plan to the extent permitted by law.
(B) [ ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b)
Deferred Compensation Plan, subject to the following limitations:
(C) [ ] Direct transfers from the Plan may not be made.
17.Transfers to Purchase Service Credits (Section 8.2)
(Select one)
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If selected below, a Participant may request a transfer from this Plan to a defined benefit
governmental plan to purchase service credit.
(X] Yes, apply.
[ ] No, do not apply.
18.Rollover Contributions (Section 3.10)
(Select one)
Note: An Eligible Governmental 457(b) Deferred Compensation Plan cannot accept rollovers of
after-tax funds from another plan. If Roth Elective Deferrals are elected, an Eligible Governmental
457(b) Deferred Compensation Plan can accept rollovers of Roth Elective Deferrals from another
Eligible Governmental 457(b) Deferred Compensation Plan, or as otherwise permitted under the
Code.
(A) [X] Rollovers to the Plan, including rollovers of Roth Elective Deferrals, are permitted to the
extent permitted by law.
(B) [ ] Rollovers to the Plan, excluding rollovers of Roth Elective Deferrals, are permitted to the
extent permitted by law.
(C) [ ] Rollovers to the Plan are not permitted.
19.In-Service Distribution at Age 70 '/Z (Section 5.1(a))
(Select one)
If selected below, a Participant may receive a distribution of all or a portion of his or her benefit
upon attainment of age 70 '/z prior to Severance from Employment. ',
[X] Yes, apply.
[ ] No, do not apply.
20.Unforeseeable Emergency (Section 5.5) !,
(Select one)
If selected below, a Participant may receive a distribution due to Unforeseeable Emergency prior
to Severance from Employment.
(A) [X] Yes, apply. If"Yes" is selected, please select who will be making the determination
approving an Unforeseeable Emergency:
(1) [X]Employer/Plan Administrator
(2) [ ] Other Investment Sponsor/Third Party Administrator (name):
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(3) ( ] TIAA-CREF (only Employers with prior approval may elect this option)
(B) [ ] No, do not apply. '',
21.Small Balance In-service Distribution (Section 5.2)
(Select one)
If selected below, a Participant may receive an in-service distribution of all or a part of his or her
benefit if the total amount of the ParticipanYs benefit is less than $5,000 (or the dollar limit under
Section 411(a)(11) of the Code) and the requirements of Section 5.2 of the Plan are satisfied.
[X] Yes, apply.
[ ] No, do not apply.
22.Small Balance Distributions (Section 5.4)
(Please select an option from (A) and(8))
(A) If selected below, small balance distributions of Account Balances of$1,000 or less will be
permitted.
[X] Yes, apply.
[ ] No, do not apply.
(B) If selected below, small balance distributions of Account Balances of$5,000 or less will be
distributed pursuant to Section 5.4, if permitted by an Investment Option.
[X] Yes, apply.
[ ] No, do not apply.
If small balance distributions are permitted, the Account Balance threshold will be determined by
including that portion of the Participant's Account Balance that is attributable to rollover
contributions (and earnings allocable thereto).
� 23.Special Severance from Employment Definition for Independent Contractors (Section
5.1(c)(2))
(Select one) �
The special definition of"Severance from Employment" contained in Section 5.1(c)(2) of the Plan
will be applied to all Participants classified as independent contractors if selected below.
[ ] Yes, apply.
[X] No, do not apply.
8
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
. �
24.Special Payment Date Restrictions for Independent Contractors (Section 5.1(b))
(Se/ect one)
If selected below, the special payment date restrictions for independent contractors contained in
Section 5.1(b) will be applied.
[ ] Yes, apply.
[X] No, do not apply.
25.Loans (Section 9.1)
(Select one)
If selected below, a Participant will be permitted to receive a loan from the Plan.
[ ] Yes, apply.
[X] No, do not apply.
26.Qualified Domestic Relations Orders (Section 12.4)
(Select one)
If selected below, distributions pursuant to Qualified Domestic Relations Orders will be permitted
under the Plan.
[X] Yes, apply.
[ ] No, do not apply.
27.Special Considerations Relating to Military Service (Section 5.1(d))
(Please make a selection in (A), (8), and (C))
(A) Participants who have died or became Disabled while perForming qualified military service
shall be treated as if they returned to employment the day preceding the date of death or
Disability and had a Severance from Employment on the date of death or Disability.
(Select one)
[X] Yes, apply to both deceased and Disabled Participants.
[ ] Yes, apply to deceased Participants.
[ ] No, do not apply. '
(B) Deemed Severance from Employment. If elected below, Participants who have been called ,
to active duty for thirty (30) or more days will be deemed as having a Severance from ;
Employment for purposes of receiving a distribution under the Plan. Any distribution under
this Section 5.1(d) requires a suspension of Annual Deferrals under the Plan for six (6) ,
months.
9 I�
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013 '
Adoption Agreement I
. • �
(Select one)
[X] Yes, apply.
[ ] No, do not apply.
(C) Credit for Benefit Accruals for Deceased Participants. If elected below, Participants who die
while performing qualified military service will be credited with service to the Employer for
the period of qualified military service. Any Employer contributions made to the Plan for
these Participants will comply with Section 401(a)(37) of the Code.
(Se/ect one)
[X] Yes, apply.
[ ] No, do not apply.
By executing this Adoption Agreement, the Employer adopts the 457(b) Deferred Compensation Plan
described herein and in the Plan document. The selections and specifications contained in this
Adoption Agreement together with the terms, provisions and conditions provided in the Plan
document constitute the Plan.
It is understood that TIAA-CREF is not a party to the Plan and shall not be responsible for any tax or
legal aspects of the Plan. The Employer assumes responsibility for these matters.
The Employer acknowledges that it has counseled, to the extent necessary, with its attorney or other
tax advisor. The obligations of the Investment Sponsors shall be governed solely by the provisions of
its contracts and policies. TIAA-CREF shall not be required to inquire into any action taken by the
Employer or the Plan Administrator and shall be fully protected in taking, permitting or omitting any
action on the basis of the actions of the Employer or the Plan Administrator. TIAA-CREF shall incur
no liability or responsibility for carrying out actions as directed by the Employer or the Plan
Administrator.
The provisions you select in completing this Adoption Agreement will apply to your Plan as if they �
were set forth in the Plan document. In completing this Adoption Agreement, you are urged to consult
with your attorney or tax advisor. TIAA-CREF does not and cannot provide legal or tax advice. Failure
to properly fill out the Adoption Agreement may result in the failure of your Plan to satisfy the
requirements of an eligible deferred compensation plan under Section 457(b) of the Internal Revenue
Code of 1986, as amended.
10
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
- .�
IN WITNESS WHEREOF, this Adoption Agreement has been executed this day of
, 2015.
Employer: Citv of Renton
By:
Printed Name:
Title:
V4.02-4.02
11
TIAA-CREF Financial Senrices O
Govemmental 457(b) Deferred Compensation Plan 6/2013 ,
Adoption Agreement '
APPENDIX C AGENDA ITEM #5, h) ,
CITY OF RENTON 457 (b) PLAN
CLAIMS AND APPEAL PROCEDURES
AND LiMITATION PERIOD
The following sets forth the benefit claims and appeal procedures, limitation periods, and amendment
authority under the 457 (b) Deferred Compensation Plan of City of Renton, a governmental employer
("the Plan"). This document is an amendment to the Plan and shall be attached as an Appendix to the
Plan.
Initia/Claim
If you are entitled to benefits under the Plan, you need to make a claim to the Plan recordkeeper
(currently TIAA-CREF) in order to receive your benefits. However, if you disagree with the information or
computations in connection with any of your benefits, or if you disagree with the information
concerning your eligibility or any other issues, such as investments or expenses,you must make a claim
to the Benefits Manager for the City of Renton ("Plan Administrator"). The Plan Administrator has the
sole discretion to decide all issues of fact or law. Any decision by the Plan Administrator that does not
constitute an abuse of discretion must be upheld by a court of law.
If you make a claim, that claim should be in the form of a letter stating why you disagree and should
include all facts and information you want the Plan Administrator to consider. You will be advised of the
acceptance or rejection of your claim within 90 days after your claim is received, unless special
circumstances require an extension of time for processing the claim. If the Plan Administrator requires
an extension, written notice of the extension will be furnished to you prior to the end of the initial 90-
day period.The extension will not exceed an additional period of 90 days.The extension notice from the
Plan Administrator will state the reason requiring the extension of time and the date by which the Plan
Administrator expects to make a final decision.
If your claim is denied, it must be denied in writing and the denial must state in detail the specific
reasons for the denial, the specific Plan provision s upon which the denial is based, any additional
material or information which you may provide which would entitle you to the benefits you claim, and
an explanation of why such material or information is necessary.The notice of denial must also explain
the steps to be taken if you or your beneficiary wishes to submit a claim for review.
Request for Review of Denied Claim
, If you choose to submit a claim for review by the Plan Administrator,then within 60 days after the date
your claim is denied, you or your authorized representatiye must make a written request to the Plan
Administrator for review. Your request for review of your denied claim should include a statement of
the reasons your claim should be allowed.
You or your representative may examine any documents the Plan Administrator has in its files that will
, be used in reaching a decision, and you may also submit additional written comments to the Plan
Administrator that support your claim.
The Plan Administrator will advise you of its decision in writing within 60 days following receipt of your
request for review, unless special circumstances require an extension of time for processing. If an
extension is necessary, a decision will be made as soon as possible, but not later than 120 days after the
Plan Administrator receives your request for review.
DWT 23603513v4 0017572-000050
AGENDA ITEM #5, h)
If an extension of time for review is required, written notice of the extension and the Plan
Administrator's reasons for needing more time will be furnished to you prior to the commencement of �
the extension.The decision of review will be in writing and will include specific reasons for the decision,
as well as specific references to the plan provisions upon which the decision is based.The decision of the
Plan Administrator will be final and will be subject to no further appeal or review. Any decision by the
Plan Administrator that does not constitute an abuse of discretion must be upheld by a court of law.
Limitotion Period:Venue
Effective January 1, 2015, claims under this Plan ("Plan Claim") must be filed with the appropriate court,
after exhausting administrative remedies, within three years from the accrual of the cause of action. A
Plan Claim will accrue, hereunder, when the claimant knows, or with reasonable diligence should have
known, of the underlying facts giving rise to the claim, regardless of whether claimant is aware of the
legal significance of such facts. Notwithstanding the foregoing, a Plan Claim will accrue at an earlier
point in time when there has been a clear repudiation of the Plan Claim by the Employer, the Plan
Administrator, the Retirement P�an Committee or an agent thereof. For example, a claim involving
eligibility under will accrue as of the date the employee first became eligible or was first excluded from
etigibility under the Plan. A claim involving service or compensation will accrue as of the first day that
the employee was aware or should have been aware (for example, by examination of any participant or
employee statement or report)of an error involving the service, compensation, or pay.A claim involving
an investment return or expense will accrue on the first day that the employee was aware or should
have been aware (for example, by examination of the material on the Plan's web site or on a
Participant's statement)of the investment return or expense.
An employee or participant must timely exhaust his or her administrative remedies under the Plan
before timely seeking a judicial remedy. If, as of the effective date of this notice, the limitation period
has started to run, but has not run in its entirety as of the date of this amendment, an employee or
participant shall have the greater of: (i) the limitation periods set forth above, or (ii) six months from
the effective date of this amendment, to file an administrative claim, and six months after the final �
decision on such administrative claim to seek judicial review, or if an administrative claim is currently
pending, the claimant must seek judicial review within six months after the final decision on such
administrative claim.
Venue for any lawsuit under this Plan is expressly limited to Western Washington State.
Amendment Authority
The Plan may be amended by eitlaer the Employer or the Retirement Plan Committee. Administrative
amendments, i.e.amendments required by a change in law, may be made by the Plan Administrator.
Dated: , 2015
CITY OF RENTON
By:
Title:
Effective Date of Notice: lanuary 1,2015
DWT 23603513v4 0017572-000050
AGENDA ITEM #5, i)
, CITY OF
. . . . . .. ,
enton �
SUBIECT/TITLE: Construction Agreement with CenturyLink for the SW 7th Street,
Powell Avenue SW to Lind Avenue SW Storm System Improvement
Project
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Daniel Carey, Surface Water Engineer
EXT.: 7293
. •.
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_Expenditure��ei�u�red . ��? , � Transfer Amendment , �$iY,�� , `°
Amount Budgeted: $0 Revenue Generated: $ 190,026
_ ,�, � ,� �� � �:� ;��� -+ ��- �;y.,...-
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� � � � �
The purpose of the SW 7th Street Storm System Improvement Project is to improve the storm system
conveyance capacity in SW 7th Street and Hardie Avenue SW by installing a new 60-inch storm system in SW
7th Street. Phase 1 of the project was constructed in 2014-2015. Construction of Phase 2 of the project is
scheduled for 2016.
During the design of Phase 2 four Centurylink fiber optic duct banks crossing SW 7th Street were found to be
in vertical conflict with the new 60-inch storm pipe.To avoid relocating the fiber optic duct banks Centurylink
offered to reimburse the Surface Water Utility (SWU)for the extra costs to redesign the project to avoid the
duct banks.
The proposed construction agreement with Centurylink includes CenturyLink reimbursing the City about
$190,026 for the extra costs needed for the redesign work and materials.The estimated cost will be adjusted
for the actual unit bid item prices in the successful low bidder's proposal.
The project is funded by the Surface Water Utility's 427 Fund Capital Improvement Program (CIP)for the
Hardie Avenue SW—SW 7th Street Storm System Improvement Project (427.475475).The 2015 Capital
Improvement Program adjusted budget for the project is$4,100,000.The payments from Centurylink for the
redesign will be added to the budget account for the project in the City's next quarterly budget adjustment.
:
A. Issue Paper
B. Construction Agreement
� ' • �� •
Authorize the construction agreement with CenturyLink to redesign the new storm system in SW 7th Street in
exchange for CenturyLink payment of approximately$190,026 for the redesign work and additional
construction materials.
AGENDA I TEM #5, i)
PUBLIC WORKS DEPARTMENT CITV OF
-- Renton Q
M E M O R A N D U M
DATE: November 19, 2015
T0: Ed Prince, Council President
Members of Renton City Council
VIA: Denis Law, Mayor .
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Ron Straka, Surface Water Utility Manager, ext. 7248
Daniel Carey, Surface Water Utility Engineer, ext. 7293
SUBJECT: Construction Agreement with Centurylink for the SW 7tn
Street, Powell Avenue SW to Lind Avenue SW, Storm System
Improvement Project
ISSUE:
Should Council approve the construction agreement with CenturyLink to redesign the
new storm system in SW 7th Street to avoid the conflicts with the CenturyLink duct
banks in exchange for Centurylink payment of approximately$190,026 for the redesign
work and additional construction materials?
RECOMMENDATION:
Execute the construction agreement with CenturyLink to redesign the new storm system
in SW 7th Street to avoid the conflicts with the CenturyLink duct banks in exchange for
Centurylink payment of approximately$190,026 for the redesign work and additional
construction materials.
BACKGROUND SUMMARY:
The purpose of the SW 7th Street Storm System Improvement Project is to improve
storm system conveyance capacity in SW 7th Street and Hardie Avenue SW by installing
approximately 4,800 linear feet of new 60-inch storm system pipe in SW 7th Street
between the outfal) at Naches Avenue SW and Hardie Avenue SW.
AGENDA ITEM #5, i)
Mr.Ed Prince,Council President
Page 2 of 3
November 19,2015
Phase 1 of the project was constructed in 2014-2015 and installed 1,429 linear feet of
new 60-inch pipe in Naches Avenue SW to SW 7th Street, and in SW 7th Street from
Naches Avenue SW to Powell Avenue SW. Construction of Phase 2 of the project is
scheduled for 2016 and will involve installing 2,028 linear feet of new 60-inch pipe in SW
7tn Street from Powell Avenue SW to Lind Avenue SW.
During the design of Phase 2 four CenturyLink fiber optic duct banks crossing SW 7tn
� Street were found to be in vertical conflict with the new 60-inch storm pipe.
� Centurylink estimated that in order to relocate the duct banks the entire street would
need to be closed for about two to four days at each duct bank location. The total time
the street would need to be closed could range from 8 to 16 days. To avoid the expense
and complexity of relocating the fiber optic duct banks CenturyLink offered to reimburse
the Surface Water Utility (SWU)for the extra costs to redesign the project to avoid the
duct banks.
The SWU had its engineering consultant evaluate the feasibility of redesigning the new
storm s stem to cross under the Centur Link duct banks. A h draulic anal sis showed
Y Y Y Y
that using two 36-inch pipes to cross under each duct bank location would have only a
small effect on the storm system capacity. After clearing each duct bank the storm
system will be changed back to the single 60-inch pipe. Additional manholes will be
installed at each duct bank location to make the transition between the 60-inch pipe
and the two 36-inch pipes. The Surface Water Utility decided that redesigning the storm
system to cross under the duct banks was preferred compared to having the street
closed for 8 to 16 days to relocate the duct banks.
The construction agreement with Centurylink is similar to the joint utility trench
construction agreements for Rainier Avenue South and NE 4th Street that the City
executed with Centurylink in 2012. The construction agreement includes CenturyLink
reimbursing the City for the extra costs needed for the redesign including engineering,
project management, administration, construction materials and the difference in
construction costs between the original design and the redesign. The estimated cost
difference shown in Attachment A to the construction agreement is$190,026. The
estimated cost will be adjusted for the actual unit bid item prices in the successful low
bidder's proposal.
The project is funded from the Surface Water Utility's 427 Fund Capital Improvement
Program (CIP)for the Hardie Avenue SW—SW 7th Street Storm System Improvement
Project(427.475475). The 2015 Capital Improvement Program adjusted budget for the
project is$4,100,000. The payments from Centurylink for the redesign will be added to
the budget account for the project in the City's next quarterly budget adjustment.
\DCtp
AGENDA ITEM #5. i)
Mr.Ed Prince,Council President
Page 3 of 3
November 19,2015
CONCLUSION:
The Surface Water Utility recommends that the City Council authorize the Mayor and
City Clerk to execute the construction agreement with Centurylink to redesign the new
storm system in SW 7th Street to avoid the conflicts with the CenturyLink duct banks in
exchange for CenturyLink payment of approximately$190,026 for the redesign work
and additional construction materials.
\DCtp
AGENDA /TEM #5. i)
CONSTRUCTION AGREEMENT
Between CENTURYLINK and the CITY OF RENTON
City of Rentan Agreement No.
CenturyLink Agreement No.
THIS AGREEMENT ("Agreement"), effective as of (the
"Effective Date"), is made by and between the CITY of Renton, a Washington Municipal
Corporation ("the "CITY"), and CenturyTel Services Group, LLC a Louisiana limited liability
company ("CENTURYLINK"). The Attachments referred to herein are incorporated by this
reference.
RECITALS
A. The CITY is making improvements to the storm drainage system in SW 7th Street between
Powell Ave SW and Lind Ave SW(the "Project")within the corporate boundaries of the CITY.
B. CENTURYLINK provides broadband communications services in the CITY.
C. The CITY is developing construction plans for the Project including Plans,Specifications
and Estimates(PS&E)that will be advertised for bids to construct the Project.
D. The Project includes installing a new 60-inch diameter storm pipe in SW 7tn
Street. The top of the new storm pipe will be approximately 4.5 to 5.5 feet below
g
round surface.
E. Four Facilities owned by CENTURYI.INK and located in SW 7th Street are in conflict with
the new storm pipe. The Facilities consist of fiber optic cables in conduits surrounded by concrete
casing(Duct Banks). CENTURYLINK would need to raise the Duct Banks to eliminate the conflict
with the new storm pipe(Relocation).
F. Relocation requires trenching across the entire width of SW 7`h Street at each Duct
Bank location. The street would need to be closed to traffic far approximately two to four days
at each location.
G. The Relocation would be a significant cost for CENTURYLINK
H. The Relocation would be a significant impact to the CITY,to the traffic using SW 7tn
Street,and to the businesses located on SW 7th Street.
I. The CITY has determined that it is feasible to redesign the Project to c�oss under the
four Duct Banks, using two 36-inch pipes instead of one 60-inch pipe at four locations under
,I
AGENDA ITEM #5, i)
CENTURYLINK'S Duct Banks,thereby avoiding the need for Relacation by CENTURYLINK I
(Redesign).
J. CENTURYLINK desires that the City Redesign the Project, and is willing to pay for ali costs j
needed forthe Redesign. The costs include engineering, praject management, administratian, I
construction materials, and the difference in construction casts between the original design and I
the Redesign. I
AGREEMENT I
N4W,TNEREFORE, in consideration of the mutuai cavenants,terms,conditions and
obligations contained herein, and intending to be bound hereby,the parties agree as foliows: I
2 Project Description. j
The CITY wil) Redesigr�the Project to avoid the need far CENTURYIINK ta relocate Duct
Banks. Two smalier storm water pipes instead of one 60-in�h storm water pipe wili be
installed to cross unde�the faur Duct Banks. Additional catch basins wili be needed at each
location.
2. Performance of Work.
(a� The CITY wil! have its Engineering Consultant and City Staff perform the work needed to
Redesign the Project.
l
(bj The CITY will complete the PS&�for the Redesigned Project and will advertise the Project
for p�blic bids.
�
� (c� The CITY, acting through the successful bidder("Contractor°�,will construct the Project I
and complete the Work in accardance with the PS&E, and all applicable federal,state and
� local laws
�
� 3. Responsibility of Parties to complete the Work. �
�
i (a} CITY Responsibilities
�
(1 j Engineering.The CITY wiii have its Engineering Consultant and CITY staff �
compiete the Redesign, and wil) pravide a copy of the Redesign plans to CENTURYLINK far �
review.
� (2) 8idding. The CITY wiil issue the Project for public bids.The CITY wiii award I
� the constructian contract for the Praject to the sueeessful low bidder that meets ail criteria for
I
� bid award.
� (3) Construction.The GTY Constructian Contractor(successful low bidder}will
li be responsible for excavating and instatling the Praject per the PS&E.
�� Page 2 of 8
I
I
l
�
AGENDA ITEM #5, i)
(b)CENTURYLINK Responsibilities
(I) Coordinotion. CENTURYLINK will maintain coordination with the CITY '
regarding Redesign and construction of the Praject and CENTURYLINK facilities.
(2) Redesign. CENTURYLINK will review and provide comments on the Redesign
plans provided by the CITY to help ensure that any conflicts with CENTURYLINK facilities are
eliminated.
� (3J Cons[ruction. CENTURYLINK will provide typical assistance to the CITY during
construction to help locate and identify its facilities, if needed.
4 Compensation
(a) CENTURYUNK agrees to pay the CITY,for the costs for all additional construction items and
materials used for the Redesign as shown in Attachment A. This compensation includes a pro rata
share of certain costs shown in Attachment A, including Mobilization,Surveying,Traffic Control,
and other costs as noted. For planning purposes Attachment A uses the Engineer's Estimate for
the unit bid item prices. Attachment A will be revised for the actual unit bid item prices submitted
', in the successful low bidder's proposal.
b CENTURYLINK a rees
( ) g to pay the CITY for the additional Consultant Engineer and City Staff costs
needed to for the Redesign as shown in Attachment A. The Consultant and City costs include work
needed for analysis,engineering,plan revisions,specifications,cost estimates,projed management,
administration,and other costs associated with the Redesign work. The costs may include work
performed for the Redesign starting on October 7,2015. The Consultant Engineer and Gty Staff Costs
for the Redesign shown in Attachment A are not to exceed maximums,unless revised by mutual
agreement by the parties in writing.
(c) Afterthe construction contract is awarded the CITY will revise the costs in Attachment A using
the actual unit bid item prices in the successful low bidder's proposal. Revised Attachment A will
replace the Attachment A that used the Engineers Estimate,and will become a part of this
Agreement. The CITY will send CENTURYLINK a copy of Revised Attachment A.
(d) The GTY will periodically submit invoices to CENTURYLINK for the cost to be reimbursed per
Revised Attachment A. CENTURYLINK shall reimburse the CITY within 45 days after the invoice date.
5� Change Orders
(a} Prior to the start of construction any request for changes to this Agreement must be agreed
upon in advance as evidenced by writte�amendment and signed by authorized representatives of both
parties.
(b) After construction has started the CfTY may unilaterally direct the Contractor to make any
changes needed for construction at the Duct Bank locations. The CITY will inform CENTURYLINK of any
changes as soon as practical.
Page 3 of 8
r
AGENQA ITEM #5, i)
(c) The CI7Y may negatiate with CENTURYLINK for any costs for changes.Only chan�es due ta
unexpected CENTURYLINK facility conflicts that CENTURYLINK and the CITY mutually agree were not
identified during the design process are eligible for reimbursement. Eligibl�costs may include
construction and material costs,engineering,inspection,administration,and other assaciated costs.
(d) The CITY and CENTURYLINK agree to negotiate the costs for any changes in good faith tn reach an
equitakale agreement.
6. Schedule.
The CIIY's Construction Contractor wili be responsible for pianning and scheduling their wark and witl
submit a progress schedule to the CllY. The GITY will send CENTURYLIIVK a copy of the schedule.
7. Notices.
AI! notices wiN be in writing anc! will be delivered by certified mail return receipt requested
or any other delivery system which is capable af praviding proof of delivery.Any such notice wil!
be deemed effective on the date of mailing.A11 nofiices will be addressed ta the parties as
specified beiow: ,
ff to CENTURYLINK: Shannon Davis
Regiona)Contrack Manager
CENTURYLINK ,
1Q0 NW Kearney Ave '�
Bend, OR 97701 I
If to CITY af Renton:
Daniei Carey I
Surface Water Utiiity i
Renton City Hall
1Q55 Sauth.Grady Way
Renton,WA 98Q57
Either party may change the above addresses to wMich notices are sent by giving notice af such
change to the ather party in accordance with the provisions of this Section,
8. Gaverning I.aw.
This Agreement will be governed by and interpreted in accordance with the laws af the State
of Washington.
9. Dispute Resolution.
Any controversy or claim,whether based on cantract, statute,tort,fraud misrepresentation or I
other theory, related directly or indirectly to this agreement between CENTURYIINK and the �
ClTY wi11 be resolved by negotiatian between the parties. Should such negotiatians fail to
� Page 4 of$
I
�
�
� AGENDA ITEM #5, i)
settle such controversy or claim settlement will be reached through binding arbitration.The
Federal Arbitration Act,9 U.S.C.Sections 1 to 16,not state law,will govern the arbitrability of all
claims, and the resolution of the claims. Binding arbitration will be conducted under the then
current rules of Judicial Arbitration and Mediation Services ("JAMS"). (Except,Judge Gerard M.
Shellan shall not be an arbitrator, as he was formerly the CITY attorney for the CITY of
Renton.) In the event the terms of the Federal Arbitration Act and the then current rules of
JAMS are inconsistent,the Federal Arbitration Act shall govern.
10. Force Majeure.
Both parties shall be excused from their performance if prevented by acts or events beyond
the parties reasonable control including extreme weather conditions, strikes,fires,
embargoes, actions of civil or military law enforcement authorities, acts of God, or acts of
', legislative,judicial, executive, or administrative authorities ("Force Majeure Event").
11. Indemnification.
CITY will defend, indemnify and hold harmless CENTURYLINK, its owners, parents, subsidiaries,
affiliates, agents, directors, and employees against any and all liabilities, claims,judgments,
losses, orders, awards, damages, costs,fines, penalties, costs of defense, and attorneys'fees
("Liabilities")to the extent they arise from or in connection with: (a)fault or negligence of the
CITY, its officers, employees, agents, Contractor, subcontractors and/or representatives; (b)
any product liability claims relating to any material supplied by the CITY under this Contract;
(c)failure of the CITY, its officers, employees, agents, Contractor, subcontractors and/or
representatives to comply with any term of this Contract or any applicable local, state, or
federal law or regulation, including but not limited to the OSH Act and environmental
protection laws; (d) claims under workers' compensation or similar employee benefit acts by
the CITY or its employees, agents, subcontractors, or subcontractars' employees or agents.
CENTURYLINK will defend indemnify and hold harmless the CITY, its owners, parents,
subsidiaries, affiliates, agents, directors, and employees against any and all claims,judgments,
losses, orders, awards, damages, costs,fines, penalties, costs af defense, and reasonable
attorneys'fees ("Liabilities")to the extent they arise from or in connection with: (a)fault or
negligence of CENTURYLINK, its officers, employees, agents, subcontractors and/or
representatives; (b) any product liability claims relating to any material supplied by
CENTURYLINK under this Contract; (c)failure of CENTURYLINK, its officers, employees, agents,
subcontractors and/or representatives to comply with any applicable local, state, or federal
law or regulation, including but not limited to environmental protection laws; (d)claims under
workers' compensation or similar employee benefit acts by CENTURY�INK or its employees,
agents subcontractors or subcontractors' employees or agents.
Except for each party's indemnification obligations under this section, neither party is liable to
the othe�for consequential, incidental, indirect, punitive or special damages, including
commercial loss and lost profits, however caused and regardless of legal theory or
foreseeability, directly or indirectly arising under this Agreement, even if such party has been
Page5of8
AGENDA ITEM #5, i)
apprised of the possibility of such damages.
12. Insurance.
The CITY has included in the PS&E requirements for the Contractor to secure and maintain
insurance coverages that are consistent with state law and federal funding requirements (if
applicable). Insurance coverage will be in amounts not less than those specified below:
(a) Commercial General Liability insurance covering claims for bodily injury, death,
personal injury or property damage (including loss of use)occurring or arising out
of work performed under this Agreement and including coverage for premises-
operation, products/completed operations and contractua) liability coverage. The
limits of insurance shall not be less than:
Each Occurrence $1,000,000
General Aggregate $2,000,000
(b) Workers Compensation insurance with statutory limits as required in the state(s) of
operation; and providing coverage for any employee in connection with this
Agreement, even if not required by statue. Employer's Liability or "Stop Gap"
insurance with limits of not less than $1,000,000 each accident.
(c) Business Automobile Liability insurance covering the ownership, operation and
maintenance of all owned, non-owned and hired motor vehicles used in
connection with this Agreement, with limits of at least$1,000,000 each accident.
(d) CENTURYLINK is not constructing any part of the Project and is not required to
have insurance for construction of the Project. Any other insurance coverage
CENTURYLINK has for its facilities, operations and liability will remain in effect.
13� Safety and Health.
(a) During the performance of work hereunder,the CITY will be responsible for its safety,the
safety of its employees, agents or subcontractors,the public, and the worksite in general and
will comply with all applicable provisions of local,state and federal law, regulations and orders
affecting safety and health that apply to the Project, including but not limited to the Occupational
Safety and Health Act of 1970 (herein collectively referred to as "The OSH Act").
14. Relationship of the Parties.
This agreement does not create a partnership,joint venture or similar relationship between the
parties and neither party will have the power to obligate the other in any manner whatsoever.
Any person who performs services required by this Agreement to be perFormed by a Party will be
solely the employee or agent of that Party. Each party is solely responsible for(a)the hours of work,
methods of performance and compensation of its employees and agents; (b)compliance with all
Page 6 of 8
AGENDA ITEM #5, i)
federal,state,and local rules and regulations including those governing Worker's Compensation,
Unemployment, Disability Insurance, and Social Security withholding for its employees and agents;
and (c)all federal income taxes for its income derived in connection with this Agreement.
15. Assignment. '
Neither party will assign this Agreement without the prior written consent of the other party.Such
consent will not be unreasonably withheld. ,
16. Entire Agreement.
This Agreement, including all Exhibits and specified references, contains the entire agreement �
between the parties and supersedes all prior oral or written agreements with respect to the subject
matter hereof.This Agreement may not be amended or modified except by a written instrument
executed by the parties hereto. No modifications to these terms, including handwritten,are ,
' permitted or shall be made without a duly executed written amendment between the parties or,if prior '
to execution,a revised printed Agreement.In the event any handwritten modification is made to the
Agreement terms and conditions,such modifications shall be considered null and void,whether or not
acknowledged by the parties,and the Agreement shall continue in full force and efFect under its original,
unadulterated terms and conditions.
17. Binding.
The terms, covenants and conditions contained in this Agreement will be binding on and inure to
the benefit of the parties and their respective successors and assigns.
18. Counterparts.
This Agreement may be executed in one or more counterparts,each of which will be deemed an
original and all of which together will constitute one agreement.
19. Authority.
Each party represents and warrants that it has the authority to execute, deliver and perForm
under this Agreement.
Page 7 of 8
A GENDA I TEM #5, i)
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective as of the Effective
Date.
CENTURYLINK CITY �
Bv Bv
Printed Name:Dou�las Patterson Printed Name: Denis Law
Title: Director En�ineerin�& Construction Title: Mavor
Date si�ned: Date si�ned:
Attest:
Jason Seth, City Clerk
Page S of 8
AGENDA ITEM #5. i
)
SW 7th St,POWELL AVE TO LIND AVE STORM SYSTEM IMPROVEMENT PROIECT DATE: Nov.19,ZOSS
AGREEMENT BEfWEEN CENTURYLINK AND THE CITY OF RENTON - ATTACHMENT A
CO5T5 TO BE REIMBURSED BY CENTURYUNK TO THE CITY Of RENTON
SUMMARY
l. CONSULTANT ENGINEERING FOR REDESIGN •1 531,000.00
2. CITY STAFf ADMIN AND ENGINEHRING C05T5 *1 $11,000.00
3. REDESIGN BID ITEM CONSTRUCTION COSTS •2 $120,307.02
4. REDESIGN PROPORTIONAL CONSTRURION COSTS '2 $27,718.99
ESTIMATED CENTURYLINK COSTS'2= 5290,026.01
REDESIGN BID ITEM CONSTRUCTION CU5T5
Number � BID ITEM � QUANTITY � UNIT � UNIT PRICE I AMOUNT
TBD 36"Steel Pipe 160 LF $350.00 $56,000.00
TBD 36"Polypropylene Pipe 84 LF $242.00 $11,928.00
TBD Type 3 Manhole 120" 4 EA $20,000.00 $80,0OO.OU
43 Manhole 96" 1 EA $15,750.00 $15,750.00
53 CDf 25 CY $179.00 $4,475.00
TBD Added cost for CB Lateral Connection to 36-in Steel 1 EA $500.00 $500.00
38 Credit-60"Polypropylene Pipe not used(36"pipes used instead) 122 Lf -$473.00 -$57,706.00
Additional Materials needed for 120-in Manholes(larger excav.than 60-in Pipe)
24 Sawcutting 53 LF $4.73 5250.69
27 Crushed Surfacing Top Course 13.5 TON $42.00 $567.00
28 HMA Class 1/2"64-22 16.6 TON $131.00 $2,174.60
40 Additional tmport Trench Backfill 170 TON $31.50 $5,355.00
3D Unsuita6le Foundation Excavation Incl.Haul 15.3 CY $47.25 $722.93
31 �onstruction Geotextile for Separation 92 SY $3.15 $289.80
Redesign Bid Item Construction Costs= $120,307.02
REDESIGN PROPORTfONAL CONSTRUCTION COtTS
Num6er l BID ITEM I UNIT I UNIT PRICE ( PROPORTION I AMOUNT
Lump Sum Items
1 Mobilization and Demobiliiation LS $277,200.00 3.36% $9,313.92
3 Construction Surveying,5taking and As-buflt Orawings lS $77,400.00 336% $2,600.64
li TemporeryTrafficControl LS $115,500.00 3.3696 $3,880.80
19 Dewatering LS $276,750.00 336% $9,298,80
20 Shoring or Extre Excavation,Class B LS $32,760.00 336% $1,100.74
21 Structure Excavation inc Haul LS $5,460.00 336% $183.46
22 Trench Safety Systems(for storm pipes) LS $18,9D0.00 3.3696 $635.04
23 Control of Water(includes storm drain bypasses) LS $21,000.00 3.3696 $705.60
Redesign Proportional Construdion Costs= $27,718.99
Centurylink Redesign Bid Item Constr.Casts $120,307.02
Construction Cost Estimate(prelim) $3,585,307.02
Centurylink Proportion= 3.36%
•1 Consultant and City Cost Estimates are not to exteed maximums. Centurylink will be invoiced for actual costs,up to the maximum. Costs include
the work performed for the preliminary design and evaluation starting October 7,2015.
•2 Bid Item Unit Prices and Proportianal Costs are Estimates. Costs in Attachment A wili be revised for actual unit bid prices in the successfui low
bidder's proposai. Centurylink will be invoiced for the actual quantity and cost of 6id items incurred.
AGENDA I TEM #5.j)
CITY OF
enton �
. . . . . .. , �
SUBJECT/TITLE: FY 2015-2017 Municipai Stormwater Capacity-Building Grant— I
Ecology Grant Agreement WQSWCAP-1517-Renton-00019
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Kristina Lowthian, Civil Engineer I
EXT.: 7249
, •,
�;,�� �� ,� � _., .�.�m�.�. . ,, , � S
Ezpen�it�tr�Re�u��ed:. . % $�0,�00�4 µ�� Transfe��►nri�ndment T $���A �` �
Amount Budgeted: $0 Revenue Generated: $ 50,000
��'�`.'`� �" f � _ ;o-,y, ,� ,� a ,� f•'
T����.��� � �:�,��������������« s,:�����tl�� � e ��:.��5������������. r_h3 ���rA ��� ��. a
� � � • � •
The City of Renton is eligible to receive up to $50,000 in non-matching grant funding between 2015 and 2017
from the Washington State Department of Ecology's Municipa) Stormwater Capacity Grant Program.This
grant will assist the Surface Water Utility and the City in implementing the requirements associated with the
Western Washington Phase II Municipal Stormwater Permit(Permit).The grant funding will be used to update
the Surface Water Design Manual and applicable codes to meet the Permit requirements.The grant is fully
funded by the Washington State Department of Ecology and does not require the City to match any funds. Per
the agreement, the grant funds are effective from July 1, 2015 through March 31, 2017.A maximum limit of
$25,000 is available for reimbursement prior to July 1, 2016. If funding is available for State fiscal year 2017, Ecology
may reimburse up to another$25,000. Incurred costs are eligible for reimbursement from July 1, 2015 through March
31, 2017 per the agreement.
The amendments to the Surface Water Utility 427 fund revenue and expenditure budgets for the grant
funding was included in the City's 2015-2016 mid-biennial budget adjustment.The grant fund amount of
$50,000 would be allocated to the Renton Storm Water Manual account(427.475241.018.594.31.63.000).
:
A. Issue Paper
B. Grant Agreement
� • • � •
Execute the Washington State Department of Ecology Grant Agreement WQSWCAP-1517-Renton-00019 to
receive up to$50,000 in non-matching funds.
AGENDA ITEM #5,j)
PUBLIC WORKS DEPARTMENT p o �'
�0� �
M E M O R A N D U M
DATE: November 24, 2015
TO: Ed Prince, Council President
Members of Renton City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Ron Straka, Surface Water Utility Manager, ext. 7248
Kristina Lowthian, Surface Water Utility Engineer, ext. 7249
SUBJECT: Fiscal Year 2015-2017 Municipal Stormwater Capacity-
Building Grant—Ecology Grant Agreement WQSWCAP-1517-
Renton-00019
ISSUE:
Should the City of Renton enter into a grant agreement with the Washington State
Department of Ecology for non-matching grant funds, in the amount of up to$50,000 to
be used by the City to assist with implementing the Western Washington Phase II
Municipal Stormwater Permit requirements?
RECOMMENDATION:
Execute the Washington State Department of Ecology Grant Agreement WQSWCAP-
1517-Renton-00019 to receive up to $50,000 in non-matching funds.
BACKGROUND SUMMARY:
The City is eligible to receive up to$50,000 in grant funding from the Washington State
Department of Ecology's Municipal Stormwater Capacity Grant Program. The capacity
grant will assist the Surface Water Utility and the City to implement the requirements
associated with the Western Washington Phase II Municipal Stormwater Permit
(Permit). The activities eligible for this grant funding include the implementation of the
public education and outreach program, public involvement program, illicit discharge
detection and elimination program, runoff control program and operations and
maintenance program. The grant funding will be used to update the Surface Water
Design Manual and applicable codes to meet the Permit requirements of the runoff
control program.
AGENDA ITEM #5,j)
Mr.Prince,Council President
Page 2 of 2
November 24,2015
The grant is fully funded by the Washington State Department of Ecology(Ecology) and
does not require the City to match any funds. Ecology will disburse funds on a cost-
incurred basis. A maximum limit of$25,000 is available for reimbursement prior to
July 1, 2016. If funding is available for state fiscal year 2017, Ecology may reimburse up
to another$25,000. Incurred costs are eligible for reimbursement from July 1, 2015
through March 31, 2017 per the agreement.
The amendments to the Surface Water Utility 427 fund revenue and expenditure
budgets for the grant funding was included in the City's 2015-2016 mid-biennial budget
adjustment. The grant fund amount of$50,000 would be allocated to the Renton Storm
Water Manual account(427.475241.018.594.31.63.000).
CONCLUSION:
The non-matching grant with the Washington State Department of Ecology of up to
$50,000 would assist the City in complying with the Western Washington Phase II
Municipal Stormwater Permit.
cc: Lys Hornsby,Utility Systems Director
Hai Nguyen,Senior Finance Analyst
Tracy Schuld,Senior Finance Analyst
H:\File Sys\SWA-Surface Water Section Administration\SWA 51-Stormwater Grants\FY1517 Capacity Grant\Grant
Authorization\Issue Paper_CapacityGrent2015_17.doc\KLtp
AgreementNo WQSWCAP-1517-Renton-00019 AGENDA ITL�I���a7.J)
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
>�� DEPARTMENT OF
i�r ECOLOGY
State of Washington
Agreement WQSWCAP-1517-Renton-00019
WATER QUALITY STORMWATER CAPACITYAGREEMENT
BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
City of Renton
This is a binding Agreement entered into by and between the State of Washington,Department of Ecology,
hereinafter referred to as"ECOLOGY"and City of Renton,hereinafter referred to as the"RECIPIENT"to carry out
with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Total Cost: $50,000.00
Total Eligible Cost: $50,000.00
Ecology Share: $50,000.00
Recipient Share: $0.00
The Effective Date of this Agreement is: 07/O1/2015
The Expiration Date ofthis Agreement is no later than 03/31/2017
Project Type: Capacity Grant
Proiect Short Descrintion:
This project will assist Phase I and II Permittes in implementation or management of municipal stormwater
programs.
Proiect Lone Descrintion:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to
state water bodies.
W Q S W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA /T�IM2��7.,)
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name. City of Renton
RECIPIENT INFORMATION
Organization Name: City of Renton
Federal Tax ID: 91-6001271
DLJNS Number: 949697221
Mailing Address: Renton City Hall,Sth Floor, 1055 South Grady Way
Renton,WA,98057-3232
Physical Address: Renton City Hall,Sth Floor
1055 South Grady Way
Organization Email: rstraka@rentonwa.gov
Contacts
Project Manager Kristina Lowthian
Civil Engineer I
Renton City Hall-Sth Floor
1055 South Grady Way
Renton, Washington,98057
Email: klowthian@rentonwa.gov
Phone: (425)430-7249
Billing Contact Kristina Lowthian
Civil Engineer I
Renton City Hall-Sth Floor
1055 South Grady Way i
Renton, Washington,98057 I
EmaiL• klowthian@rentonwa.gov
Phone: (425)430-7249
Authorized Denis W Law
Signatory Mayor
1055 S.Grady Way
Renton,Washington,98057
Email: dlaw@rentonwa.gov
Phone: (425)430-6500
W Q S W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�I���j)
Project Title 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name City of Renton
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Physical Address: Water Quality
300 Desmond Drive
Lacey, WA 98503
Contacts
Project Kyle Graunke
Manager
P.O.Box 47600
Olympia, Washington,98504-7600
Email: kygr461 @ecy.wa.gov
Phone: (360)407-6638
Financial Kyle Graunke
Manager
P.O.Box 47600
Olympia, Washington,98504-7600
Email: kygr461 @ecy.wa.gov
Phone: (360)407-6638
WQS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�1M��.J)
Project TiHe: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in the Scope of Work.
RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement.
Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope
of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules,
regulations,and guidelines mentioned in this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth,or incorporated by reference,herein.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement.
IN WITNESS WHEREOF,the parties hereby sign this Agreement
Washington State
Department of Ecology City of Renton
Program Manager Date Denis W Law Date
Heather Bartlett
Mayor
Water Quality
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA ITEPI��:�j)
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
SCOPE OF WORK
Task Number: 1 Task Cost: $0.00
Task Title: Project Administration/Management
Task Descrintion:
A.The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include,but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation;progress reports;and a recipient closeout report(including
photos).
B.The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting,and interlocal agreement requirements;application for,receipt of,and compliance with all required
permits,licenses,easements,or property rights necessary for the project;and submittal of required performance items.
C.The RECIPIENT shall manage the project. Efforts include,but are not limited to: conducting,coordinating,and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
comm�inication with the RECIPIENT's designees;ECOLOGY; all affected local,state,or federal jurisdictions;and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY's grant or loan administrative requirements.
Task Exnected Outcome:
* Timely and complete submittal of requests for reimbursement,quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Project Administration/Management
Deliverables
Number I Description I Due Date
1.1 I Quarterly Progress Reports i
�
1.2 I Recipient Closeout Report � '
1.3 I Project Outcome Summary Report �
.WQSWCAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA 1T�1�1��!j)
Project Title. 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
SCOPE OF WORK
Task Number: 2 Task Cost: $50,000.00
Task Title: Project Administration/Management
Task Descrintion:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System
(NPDES)permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National
Pollutant Discharge Elimination System(NPDES)permit,the RECIPIENT will ensure funds are used to attain
compliance where applicable.
RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater
NPDES permits. The following is a list of elements RECIPIENT's project may include.
1)Public education and outreach activities, including stewardship activities.
2)Public involvement and participation activities.
3)Illicit discharge detection and elimination(IDDE)program activities,including:
a)Mapping or geographic information systems of municipal separate storm sewer systems(MS4s).
b) Staff training.
c)Activities to identify and remove illicit stormwater discharges.
d)Field screening procedures.
e)Complaint hotline database or tracking system improvements.
4)Activities to support programs to control runoff from new development,redevelopment, and construction sites,
including:
a)Development of an ordinance and associated technical manual or update of applicable codes.
b)Inspections before,during,and upon completion of construction,or for post-construction long-term maintenance.
c)Training for plan review and/or inspection staff.
d)Participation in applicable watershed planning effort.
5)Pollution prevention,good housekeeping,and operation and maintenance program activities,such as: '
a)Inspecting and/or maintaining the MS4 infrastructure.
b)Developing and/or implementing policies,procedures,or stormwater pollution prevention plans at municipal
properties or facilities.
6)Annual reporting activities. ,
7)Establishing and refining stormwater utilities, including stable rate structures. '
8)Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL).Note that any
monitoring funded by this program requires submittal of a Quality Assurance Project Plan(QAPP)that the
DEPARMENT approves prior to awarding funding for monitoring.
Monitoring, including:
a)Development of applicable QAPPs.
b)Monitoring activities,in accordance with a DEPARTMENT-approved QAPP,to meet Phase I/II permit
requirements.
9)Structural stormwater controls program activities(Phase I permit requirement)
10)Source control for existing development(Phase I permit requirement),including:
a)Inventory and inspection program.
b)Technical assistance and enforcement.
c)Staff training.
11)Equipment purchases that result directly in improved compliance with permit requirements.Allowed costs for
equipment purchases must be specific to implementing a permit requirement(such as a vactor truck)rather than
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-OOD19 AGENDA ITL�1�1���7.J)
Project Title: 2015-2017 Biennial Stormwater Capaciry Grants
Recipient Name City of Renton
general use(such as a general use pick-up truck).Qualified equipment purchases include but are not limited to:
a)Illicit discharge testing equipment and materials.
b)Vactor truck or sweeper truck or MS4 maintenance activities.
c)Electronic devices dedicated to mapping of MS4 facilities and attributes.
d)Software dedicated to tracking permit implementation activities.
As a deliverable,documentation of all tasks completed is required. Documentatioa includes but is not limited to:
maps, field reports,dates and number of inspections conducted,dates of trainings held and participant lists,number of
illicit discharges investigated and removed,summaries of planning,stormwater utility or procedural updates,annual
reports,copies of approved QAPPs,summaries of structural or source control activities,summaries of how equipment
purchases have increased or improved permit compliance.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to
lakes,streams,and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Exnected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
� Reciuient Task Coordinator: Kristina Lowthian
Project Administration/Management
Deliverables
Number I Description I Due Date
2.1 I Documentation of tasks completed � I
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�'1�1��!j)
Project Title: 2015-2017 Biennial Stortnwater Capacity Grants
Recipient Name: City of Renton
BUDGET
Fundiag Distribution EG160451
Funding Title: Capacity Grant FY16
Funding Type: Grant Funding Expiration Date: 03/31/2017
Funding Effective Date: 07/O1/2015
Funding Source:
Title: ELSA:Environmental Legacy Stewardship Account .
Type: State
CFDA:
Assistance Agreement:
Description: MTCA
Recipient Match%: 0
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Capacity Grant FY16 � Task Total
Permit Implementation I $ 25,000.00
Total: $ 25,000.00
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�1���j)
Project Title: 2015-2017 Bienmal Stormwater Capacity Grants
Recipient Name: City of Renton
BUDGET
Funding Distribution EG160452
Funding Title: Capacity Grant FY17
Funding Type: Grant Funding Expiration Date: 03/31/2017
Funding Effective Date: 07/O1/2016
Funding Source:
Title: ELSA:Environmental Legacy Stewardship Account
Type: State
CFDA:
Assistance Agreement:
Description: MTCA
Recipient Match%: 0
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
Capacity Grant FY17 I Task Total
Permit Implementation � $ 25,000.00
Total: $ 25,000.00
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�IM�ff'J.J)
Project Title: 2015-2017 Biennial Stormwater Capaciry Grants
Recipient Name: City of Renton
Fundin¢Distribution Summarv
Recipient/Ecology Share
IFunding Distribution Name I Recipient Match °/a I Recipient Share I Ecology Share I Total
ICapacity Grant FY16 I 0.00 %I $ 0.00 I $ 25,000.00 I $ 25,000.00
ICapacity Grant FY 17 I 0.00 %( $ 0.00 I $ 25,000.00 I $ 25,000.00
ITotal I I $ 0.00 I $ 50,000.00 I $ 50.000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided,the following terms will have the respective meanings for all purposes of this agreement:
"Administration Charge"means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC,to be used to pay Ecology's cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
"Administrative Requirements"means the effective edition of ECOLOGY's ADMINISTRATIVE REQUIREMENTS
FOR RECIPIENTS OF ECOLOGY GRANTS AND LOANS at the signing of this agreement.
"Annual Debt Service"for any calendar year means for any applicable bonds or loans including the loan,all interest
plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service"means,at the time of calculation,the sum of the Annual Debt Service for the
remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.
"Centennial Clean Water Program"means the state program funded from various state sources.
"Contract Documents"means the contract between the RECIPIENT and the construction contractor for construction of
the project.
"Cost Effective Analysis"means a comparison of the relative cost-efficiencies of two or more potential ways of solving
a water quality problem as described in Chapter 173-98-730 WAC.
"Defease"or"Defeasance"means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
"Effective Date"means the earliest date on which eligible costs may be incurred.
"Effective Interest Rate"means the total interest rate established by Ecology that includes the Administrative Chazge.
W QS W CAP-1517-Renton-00019
AgreementNo. WQSWCAP-1517-Renton-00019 AGENDA IT�1�11�4 JJ
Project Title: 2015-2017 B�ennial Stormwater Capacity Grants
Recipient Name: City of Renton
"Estimated Loan Amount"means the initial amount of funds loaned to the RECIPIENT.
"Estimated Loan Repayment Schedule"means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
"Equivalency"means projects designated by ECOLOGY to meet additional federal requirements.
"Final Accrued InteresY'means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially closed out and a final loan repayment schedule is issued.
"Final Loan Amount"means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
"Final Loan Repayment Schedule"means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
"Forgivable Principal"means the portion of a loan that is not required to be paid back by the borrower.
"General Obligation Debt"means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith,credit,and resources of the RECIPIENT.
"General Obligation Payable from Special Assessments Debt"means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property
within the boundaries of the RECIPIENT.
"Gross Revenue"means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund,except(i)Utility
Local Improvement Districts(ULID)Assessments,(ii)government grants,(iii) RECIPIENT taxes,(iv)principal
proceeds of bonds and other obligations,or(v)earnings or proceeds(A)from any investments in a trust,Defeasance,or
escrow fund created to Defease or refund Utility obligations or(B)in an obligation redemption fund or account other
than the Loan Fund until commingled with other earnings and revenues of the Utility or(C)held in a special account
for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
"Guidelines"means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
"Initiation of Operation Date"means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
"Loan"means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial)Loan made pursuant to this loan agreement.
"Loan Amount"means either an Estimated Loan Amount or a Final Loan Amount,as applicable.
"Loan Fund"means the special fund of that name created by ordinance or resolution of the RECIPIENT for the
repayment of the principal of and interest on the loan.
W QS W C AP-1517-Renton-00019
AgreementNo WQSWCAP-1517-Renton-00019 AGENDA IT�IM1�4��
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
"Loan Security"means the mechanism by which the RECIPIENT pledges to repay the loan.
"Loan Term"means the repayment period of the loan.
"Maintenance and Operation Expense"means all reasonable expenses incuned by the RECIPIENT in causing the
Utility to be operated and maintained in good repair,working order, and condition including payments to other parties,
but will not include any depreciation or RECIPIENT levied taaces or payments to the RECIPIENT in lieu of taxes.
"Net Revenue"means the Gross Revenue less the Maintenance and Operation Expense.
"Original Engineer's Estimate"means the engineer's estimate of construction costs included with bid documents.
"Principal and Interest Account"means,for a loan that constitutes Revenue-Secured Debt,the account of that name
created in the loaa fund to be first used to repay the principal of and interest on the loan.
"Project"means the project described in this agreement.
"Project Completion Date"means the date specified in the agreement on which the Scope of Work will be fully
completed.
"Project Schedule"means that schedule for the project specified in the agreement.
"Reserve Account"means,for a loan that constitutes Revenue-Secured Debt,the account of that name created in the
' loan fund to secure the payment of the principal of and interest on the loan.
"Revenue-Secured Debt"means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and
one not a general obligation of the RECIPIENT.
"Risk-Based Determination"means an approach to sub-recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
"Scope of Work"means the tasks and activities constituting the project.
"Section 319"means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
"Senior Lien Obligations"means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of
execution of this loan agreement(or subsequently issued on a parity therewith,including refunding obligations)or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior
and superior to the claim or lien of the loan,subject only to Maintenance and Operation Expense.
"State Water Pollution Control Revolving Fund(Revolving Fund)"means the water pollution control revolving fund
established by Chapter 90.SOA.020 RCW.
"Termination Date"means the effective date of ECOLOGY's termination of the agreement.
"Termination Payment Date"means the date on which the RECIPIENT is required to repay to ECOLOGY any
outstanding balance of the loan and all accrued interest.
W QS W CAP-1517-Renton-00019
AgreementNo WQSWCAP-1517-Renton-00019 AGENDA IT�1�1��4J)
Project Title: 2015-2017 Biennial Stormwater Capaciry Grants
Recipient Name: City of Renton
"Total Eligible Project Cost"means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding.
"Total Project Cost"means the sum of all costs associated with a water quality project,including costs that are not
eligible for ECOLOGY grant or loan funding.
"ULID"means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
"ULID Assessments"means all assessments levied and collected in any ULID. Such assessments are pledged to be
paid into the Loan Fund(less any prepaid assessments permitted by law to be paid into a construction fund or account).
ULID Assessments will include principal installments and any interest or penalties which may be due.
"Utility"means the sewer system,stormwater system,or the combined water and sewer system of the RECIPIENT,the
Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference.
A.Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW,"Contracts for Architectural and Engineering Services,"have been,or shall be,met in
procuring qualified architecturaUengineering services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a copy of the agreement to ECOLOGY.
B. Best Management Practices(BMP)Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation,the RECIPIENT assumes the risk that part ar all of the reimbursement for that activity
may be delayed or ineligible. For more details regarding BMP Implementation,please reference the Water Quality
Financial Assistance Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
C. Cultural and Historic Resources Protection Compliance with Environmental Laws and Regulations. The
RECIPIENT shall: '
1)The RECIPIENT shall comply with all applicable federal, state and local environmental laws,statutes,regulations, �
executive orders,and permits.
2)The RECIPIENT shall comply with Ecology's Archaeological Resource and Historic Property review process. The ,
RECIPIENT agrees that in no case shall construction activities,ground disturbance,or excavation of any kind,begin
until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete
Inadvertent Discovery Plan(IDP). The IDP must be immediately available by request by any party.An IDP must be �,
immediately available and be implemented to address any discovery. The RECIPIENT will implement the procedures I
in the IDP,and immediately notify ECOLOGY,the Department ofArcheology and Historic Preservation(DAHP),and '
tribal representatives if human remains,cultural,or archeological resources are discovered in the course of construction.
For more details regarding requirements under this provision, please reference the Water Quality Financial Assistance
, Funding Guidelines available on ECOLOGY's Water Quality Program funding website.
D.Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State's Department of Enterprise Services(DES)issues all payments.DES maintains a
WQSWCAP-1517-Renton-00019 i
,
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�1�1��4J)
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name City of Renton
central vendor file for Washington State agency use to process vendor payments.The RECIPIENT can complete the I
registration process online at http://des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx.
This registration process also allows The RECIPIENT to sign up for direct deposit payments,also known as electronic
fund transfers(EFT). If The RECIPIENT have questions about the vendor registration process or setting up direct
deposit payments contact DES at the Payee Help Desk at(360)664-7779 or payeehelpdesk@des.wa.gov.
E.Equipment Purchase: Equipment not included in the scope of work or a construction plan and specification approval
must be pre-approved by ECOLOGY's project manager before purchase.
F.Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA(see Section 3 for
Section 319 funded projects or 7 for SRF funded projects)funding participation in this project through the use of
project signs,acknowledgement in published materials,reports,the news media,websites,or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs.
Sign logos are available from ECOLOGY's Financial Manager upon request.
G.Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the
requirements of Chapter 36.70A RCW,"Growth Management Planning by Selected Counties and Cities." If the status
' of compliance changes, either through RECIPIENT or legislative action,the RECIPIENT shall notify ECOLOGY in
writing of this change within 30 days.
H.Interlocal:The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are,or shall be,consistent with the terms of this agreement and Chapter 3934 RCW,"Interlocal
Cooperation Act." The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to
ECOLOGY.
I.Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J.Post Project Assessment Survey:The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY's Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections,and may
otherwise evaluate the project,as part of this assessment.
K.Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY's Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends,completion of outcome measures,and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes,ECOLOGY may change the scope
of work,reduce grant funds,or increase oversight measures.
L.Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement will
be consistent with the cunent U.S.Natural Resource Conservation Service("NRCS") Field Office Technical Guide for
Washington State. However,ECOLOGY may accept as eligible technical assistance,proposed practices,or project
designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF SFY15-17 CAPACITY
GRANTS
ECOLOGY shall reimburse eligible project expenses following the schedule below.
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA ITL�1�1��tJ.J)
Project Title 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
Prior to July 1,2016: Total reimbursements to the RECIPIENT for eligible project expenses are limited to a m�imum
$25,000.
After July 1,2016: If funding is available, ECOLOGY will provide written notification via email to the RECIPIENT
project manager stating that ECOLOGY may reimburse additional eligible expenses up to the total project eligible cost
of$50,000. Eligible project expenses may be incurred at any time between July 1,2015 and March 31,2017. If
additional funds are not available,total reimbursements for eligible project expenses will be limited to a maximum of
$25,000.
If the RECIPENT fails to submit two or more consecutive quarterly reports via the EAGL grant management system,
ECOLOGY may consider this failure to provide progress reports as non-performance and initiate actions to amend or
terminate this agreement.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
CERTIFICATION REGARDING SUSPENSION.DEBARMENT.INELIGIBILITY OR VOLUNTARY EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,
proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred,suspended,ineligible,lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the department for assistance in obtaining a copy of those regulations..
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal
remedies,including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.¢ov>and print a copy of completed searches to document proof of compliance.
W QS W CAP-1517-Renton-00019
' AgreementNo: WQSWCAP-1517-Renton-00014 AGENDA ITEPl�11�4 j�
Project Title: 2015-2017 Biennial Stormwater Capacity Grants J
Recipient Name: City of Renton
Federal Funding Accountabilitv And Transparencv Act(FFATAI Reoortin�ReQuirements:
RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed
agreement to ECOLOGY.
Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives,
using FFATA Data Collection Form.
� Receives more than$25,000 in federal funds under this award;and
• Receives more than 80 percent of its annual gross revenues from federal funds;and
� Receives more than$25,000,000 in annual federal funds
ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form.
ECOLOGY is required to report the FFATA information for federally funded agreements, including the required
DiJNS number,at www.fsrs.�ov<httn://www.fsrs.eov>within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspendins.eov<httn://www.usaspendin�.�ov>.
For more details on FFATA requirements,see www.fsrs.Qov<http://www.fsrs.�ov>.
GENERAL TERMS AND CONDITIONS
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.htm1
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right
to request proof of compliance by subgrantees and coatractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No
subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological or cultural ,
resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to
approval by ECOLOGY.
RECIPIENT shall:
a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while
conducting work under this Agreement.
WQS WCAP-1517-Renton-00019
Agreement No: WQSWCAP-1517-Renton-00019 AGENDA I T�l�1�.J)
Project Tide: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
b) Immediately notify the Department ofArchaeology and Historic Preservation at (360)586-3064, in the event
historical or cultural artifacts are discovered at a work site.
c) Comply with Governor Executive Order OS-O5,Archaeology and Cultural Resources,for any capital construction
projects prior to the start of any work.
d) Comply with RCW 27.53,Archaeological Sites and Resources, for any work performed under this Agreement,as
applicable. National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to
Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY
prior to purchase.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
fl ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services'Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at
the website,http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any
questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@des.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to
this Agreement,as appropriate,or upon completion of an audit as specified herein.
j) RECIPIENT should submit final requests for compensation within thirty(30)days after the expiration date of this
Agreement.Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable Federal,State and locat laws,orders,regulations,and permits
related to this Agreement,including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State
of Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all federal and state laws,regulations,and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
, d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
, required by authorities having jurisdiction over the project aze obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
WQS WCAP-1517-Renton-00019
�
AgeementNo: WQSWCAP-1517-Renton-00019 AGENDA /T�1MIM1�4��
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or
responsibility in the review,approval, or carrying out of this Agreement,shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment,services,and professional architectural and
engineering services through a competitive process,if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement. '
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of
such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�I�IIftJ.J)
Project Title: 2015-2017 Bienmal Stormwater Capacity Grants
Recip�ent Name: City of Renton
Nothing in this contract will be construed to limit the parties'choice of another mutually acceptable method, in addition
to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL STANDARDS
a) RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the
Environmental Information Management System(EIM). To satisfy this requirement these data must be successfully
loaded into EIM,see instructions on the EIM website at:http://www.ecy.wa.gov/eim.
b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS)data
are collected and processed. More information and requirements are available at:
http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS shall provide copies to ECOLOGY of
all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project
documentation.
c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of
environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the
planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's
Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication
No.04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost,and complexity
of the QAPP should be in proportion to the magnitude of the sampling effort.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the
other hannless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to
give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in
return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and
women-owned(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged ��
to take the following actions,when possible, in any procurement under this Agreement: 'I
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods '�
W QS W C AP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA /T�1�1�4J)
i Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name. City of Renton i
or services.
b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit marcimum
participation by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as
appropriate.
17. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by
giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;
(c) Scope of Wark;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,
including the"Administrative Requirements for Recipients of Ecology Grants and Loans";and(� the General Terms
and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the
fulfillment of this Agreement. Steps for approval:
a) Provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to production and
distribution of any documents or materials compiled or produced.
b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied.
c) Provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed.
Co ies include an rinted materials and all tan ible roducts develo ed such as brochures,manuals, am hlets,
P YP , b P P P P
videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets,such as a refrigerator magnet with a
message as well as media announcements, and any other online communication products such as Web pages,blogs,and
Twitter cam ai ns.If it is not ractical to rovide a co then the RECIPIENT must rovide a com lete desc
ri tion
P g P P PY, P P P
including photographs,drawings,or printouts of the product that best represents the item.
RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process.
RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not
document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1
through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after
the end of the quarter being reported.
e) RECIPIENT shall submit the Closeout Report within thirty(30)days of the expiration date of the project,unless an
extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA IT�IM2�4��
Project Title: 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name: City of Renton
property,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive,and
irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others
to use the same for federal,state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,
maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project,it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
� Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates,or abstracts;and attorney's opinions establishing that the land is free from any impediment,lien,or claim
which would impair the uses intended by this Agreement.
g) Conversions. Regardless of the agreement expiration date,the RECIPIENT shall not at any time convert any
equipment,property,or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease,or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase,or construction costs of such
property.
21. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
resolution hereunder. I
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify ,
discrepancies in the records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be I
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. ',
WQSWCAP-1517-Renton-00019 I
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA 1T�I�f2�!'J4J)
Project Title: 2015-2017 Biennial Stortnwater Capacity Grants
Recipient Name: City of Renton
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of I
this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. ',
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,
in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)
or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any enoneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision,and to this end the provisions of this Agreement are declared to be severable.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low
impact meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers
and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products
with reduced packaging,office products that are refillable,rechargeable,and recyclable,and 100%post-consumer
WQS WCAP-]517-Renton-00019
Agreement No: WQSWCAP-1517-Renton-00019 AGENDA I T�l�l�4 J)
Project Title 2015-2017 Biennial Stormwater Capacity Grants
Recipient Name City of Renton
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing,http://www.ecy.wa.gov/programs/swfa/epp.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or far a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4) months after the effective date of this Agreement,or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best
interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT. If this Agreement
is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms
of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this agreement,ECOLOGY,at its sole discretion,may elect to terminate
the agreement,in whole or part,or renegotiate the agreement,subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT priar to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part,at any time,by mutual written
agreement.
d) In Event of Termination
W QS W CAP-1517-Renton-00019
AgreementNo: WQSWCAP-1517-Renton-00019 AGENDA /T�l�'IZftJ4,)
Project Title' 2015-2017 Biennial Stormwater Capaciry Grants ,
Recipient Name: City of Renton I
All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other
materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become properiy of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
28. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
W Q S W CAP-1517-Renton-00019
AGENDA ITEM #5. k)
CITY OF
. . . . , .. .
enton �
SUBJECT/TITLE: Establishment of the SE 165th Street Sanitary Sewer Extension Special
Assessment District No.0048
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Mike Benoit, Civil Engineer
EXT.: 7206
. •.
� . � ,.. .., . .,,•.:..., _ , .. , . . .. ,. ,., : :..
Expenditure Required: $NJA Transfer Amendment. � $N%�A
Amount Budgeted: $ N/A Revenue Generated: $ N/A
Totat Pro��ct�ud�et . ;;$NjA _City Share Total Pr�i�e�t , „ µ�NjA �;� ,$ . 4
, � � • � •
The Wastewater Utility has completed construction of the SE 165th Street Sanitary Sewer Extension. At the
regular Council meeting on April 27, 2015 Council approved the preliminary Special Assessment District. The
final costs and assessments have been determined and the property owners will be notified as directed by City
Ordinance No. 4444.There are 11 potential single-family units within the Special Assessment District.
The per-unit assessment for the district is$13,000. Per City Code, interest will accrue on the potential
assessment at a rate of 0.77%for a period of 10 years beginning 30 days after final approval of the ordinance.
:
A. Issue Paper
B. Draft Final Notice of Potential Assessment
C. Final Assessment District Roll
D. Draft Ordinance
� � • • �� •
Approve the final SE 165th Street Sanitary Sewer Extension Special Assessment District No. 0048 and present
the Ordinance for first reading.
AGENDA ITEM #5, k)
PUBLIC WORKS DEPARTMENT �
° ��o� ��
M E M O R A N D U M
DATE: November 19, 2015
TO: Ed Prince, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman,Administrator
STAFF CONTACT: Michael Benoit, Wastewater Utility, ext. 7206
SUBJECT: Establishment of the SE 165th Street Sanitary Sewer Extension
Special Assessment District No.0048
ISSUE:
Does the City wish to finalize the Special Assessment District for the SE 165th Street
Sanitary Sewer Extension Project in order to ensure that the cost of the project is
equitably distributed to those who benefit?
RECOMMENDATION:
Approve the final SE 165th Street Sanitary Sewer Extension Special Assessment District
No. 0048 and present the Ordinance for first reading.
BACKGROUND SUMMARY:
The City has completed work on the SE 165th Street Sanitary Sewer Extension Project.
This project installed sanitary sewer in SE 165th Street (aka South 28th Street) between
106th Place SE (aka High Avenue South)and 108th Avenue SE (aka Jones Avenue South).
This project provides direct sanitary sewer service to properties ad'acent to the new
1
sewer main (map attached).
The Wastewater Utility proposes to use a per-connection method of calculating the
assessments for the properties within the proposed assessment district. This method
takes the size of the existing parcels and anticipates how many single-family equivalent
residences could be constructed in accordance with the City's proposed zoning for the
area. There are 11 potential lots within the proposed assessment district boundary. ',
� AGENDA ITEM #5. k)
Mr.Ed Prince,Council President
Page 2 of 2
November 19,2015
The final cost for the project is$143,350, which includes construction, staff cost and
survey. The Wastewater Utility is proposing to divide the cost of the project by the
number of potential lots that can gain direct benefit to calculate the per-connection
charge for the sewer special assessment district.
The project cost used to calculate the preliminary assessment was$143,000, which
calculated to a per-connection charge of$13,000. Because the final cost is
insignificantly higher than the preliminary estimate ($143,350 vs$143,000), we are
recommending that we use the preliminary per-connection charge of$13,000.
Per City Code, interest will accrue on the potential assessment at a rate of 0.77%for a
period of 10 years beginning 30 days after final approval of the ordinance.
CONCLUSION:
It has been the policy of the City that when sanitary sewer facilities have been installed
that the City hold a Special Assessment District in order to ensure each property that
benefits from the new facility pays its fair share of the costs. This policy helps ensure
the existing ratepayers do not pay a disproportionate share of the costs for these
City-installed facilities.
Therefore,we recommend that Council approve staff's recommendation for the
establishment of the SE 165th Street Sewer Extension Special Assessment District
No. 0048.
Attachment
cc: Lys Hornsby,Utility Systems Director
Dave Christensen,Wastewater Engineering Manager
C:\Users\Mgregor\Downloads\A.Issue Paper(1).Doc\MABad
AGENDA ITEM #5, k)
, � , �
S 2�th St �
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I I I
SPECIAL ASSESSMENT
DISTRICT BOUNDARY ��
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3378100050 3378100040 3378100030 3378100020 3378100010
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SE 165th St ,
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I NEW SEWER MAIN �
I \ 3378100100 3378100090 3378100080 3378100070
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S 29th St SE 29th St
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SE 165TH STREET SANITARY SEWER EXTENSION
SPECIAL ASSESSMENT DISTRICT
Scale 1" = 100'
AGENDA ITEM #5. k)
CITY OF RENTON
FINAL NOTICE OF POTENTIAL ASSESSMENT
for City of Renton SE 165th Street Sanitary Sewer Extenston
� Special Assessment District No. 0048
' Date Mailed: XXXXX YY, 2015
Da�1 [� �'
Per Unit Assessment
$13,OOO.QO
Name
' Street Address
City,State Zip
King County Account Number:
LEGAL DESCRIPTION:
On Apri) 29, 2015, I, Jason Seth, the City Clerk of Renton, Washington, mailed you a notice of
potential assessment for sanitary sewer improvements associated with the SE 165"'Sanitary Sewer
Extension Project. We have now completed construction of these sewer facilities. The facilities, as
shown on the attached map, are eligible for cost recovery under City Special Assessment District
Ordinance No.4444.
For those properties that could receive benefit directly by the sewers, future use would trigger
payment of a 'fair share' cost of the sewer. This assessment is calculated, as a unit charge, by
dividing the cost of the conveyance portion of the sewe�s by the number of units projected for the
basin served by these sewers. This rate has been established at$13,000.00 per unit.
The purpose of the assessment district is to allow the City the ability to collect the costs of the
construction of the sewer facilitfes from ali those who benefit from its construction. To accomplish
this, we are required to record an ordinance which will serve as a notice of potential assessment.
This ordinance will establish a boundary that includes any parcel that may benefit in the future. It is
our goal to ensure, in fairness to ali,that any property owner that connects at a later date pays their
share just like those who will connect right away. The benefit area is defined as the ultimate service
area that the facility may be able to serve. This boundary is shown on the attached map.
You will only be required to pay this asseument when the property gains benefit from these
sewer facilities. Until that time,the property can be sold or change hands without triggering the
assessment. Beneflt from these sewer facilities can be desc�ibed as follows:
• A properry not currently connected to a C'�ty sewer facifity (i.e., currently utilizing an on-site
system or a vacant parcel),that connects to the sewer system associated with this district will
trigger the assessment. Until then,the assessment will not be triggered. ,
• For those properties that are already connected to City sewer, this assessment will only be
triggered if the property increases its density either by change of use(i.e.,single family to multi-
family housing) or through increased density within the same use (i.e., further subdivision of
land for single family housing).
AGENDA ITEM #5, k)
You will not be required to pay the assessment unless one of the above situations occurs. However,
the assessment dist�ict will accrue simple interest at a rate of 2.60% per annum for a period of ten
years. The accrual of interest will begin thirty (30) days after the notice of potential assessment is
recorded with King County Records. To avoid interest charges at a future date, you may pay the
amount of assessment during the thirty-day period after reco�ding, interest free. This option is
totally at the discretion of the property owner.
,;-.w ��
�,
Per City Ordinance No. 4444 you may request an appeal hearing by writing`to the Renton City
Council, c/o City Clerk, 1055 S. Grady Way, Renton, WA 98057, within twenty (20) days of this
mai{ing(by April 13,2016,5:00 P.M.).
Grounds for nrotest:
An oppeal sholl Include o stotemeni of claimed errors that concern the proposed
assessment and must be accomponied by a$75.00 non-refundable fee. Errors whJch are
not set forth In wrlfing will not 6e considered. Pursuont io City Ordinance No. 4444,
Sections 9-16-9.0 and D, ihe only items of appeal ihat wlll be considered are the cosi of
the facilirles, the costs disiributfon meihodology, and the Jssue of benefii to the
properties to be assessed
A�oeal Fee and A�neal Process:
A non-refundable appeal fee in the amount of$75.00 shall be submltted with each
appeal. If a protest is received and deemed iimely and establisi►es a proper grounds for
protest according fo City Ordinance, a public heoring will be hefd. if no protests are
recehred, the above-quoted notice of poteniial assessmeni wfll be recorded against your
property. The charge(s) w111 not be collected until you subsequently tap onto or use the
facilities covered by the Spetial Assessment District notite.
We hope that this notice will answer most of your questions. If you do, however, have questions
pertaining to sewer instaliations, the background of the assessment district, or the appeal process,
please contacts Michael Benoit (primary) at 425-430-7206 or Dave Christensen (secondary) at
425-430-7212.
JASON SETH,City Clerk
Notice of Flnal Assessment/Final Hearing
H:\Fi{e Sys\WWP-WasteWater\WWP-27-03804 SE 165th Sewer Fxtension\Special Assessment District\Final\Samples\South 132nd
Street flnal noUce.dxuDHtp
AGENDA /TEM #5, k)
CITY OF RENTON
FINAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT
SE 165th STREET SANITARY SEWER
Type: Wastewater Utility Improvements Cost per Unit: $13,000
I Property I Name/Address of Owner I I I Unit Assessment �
Identification
Parcel#3378100010 NGUYEN PHILLIP 513,000
10744 SE 165TH ST
RENTON,WA 98055
KC Tax Act# 33�si000io
Legal Description: �or i,BLOCK 1,HIILTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
Parcel#3378100020 SWEENEY DAVID M+NAOMI K $13,000
23404 29TH AVE W
BRIER,WA 98036
KC Tax Act# 337si0002o
Legal Description: �or z,BLOCK 1,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
Parcel#3378100030 INGERSOLL ROBERT 1+ARLENE B $13,000
11224 RAINIER AVE S
SEATTLE,WA 98178
KC T8X ACt# 3378100030
Legal Description: �or 3,BLOCK 1,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
Parcel#3378100040 TRAN TRUNG DINH $13,000
10724 SE 165TH ST
RENTON,WA 98055
KC Tax Act# 3378100040
Legal Description: �.oT a,BIOCK 1,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
Parcel#3378100050 KNAPP KARL+EVA $13,000
10720 SE 165TH ST
RENTON,WA 98055
KC Tax Act# 3378100050
Legal Description: lOT 5,BLOCK 1,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
H:\File Sys\WWP-WasteWater\WWP-27-03804 SE 165th Sewer Extension\Special Assessment Oistrict\Preliminary Assessment\Prelim SAD Roll 5E 165th
MM.dot Page 1 of 2
__ _ _ .
AGENDA ITEM #5, k)
CITY OF RENTON
PRELIMINARY ASSESSMENT ROLL
SPECIAI ASSESSMENT DISTRICT
SE 165th STREET SEWER
Type: Wastewater Utility Improvements Cost per Unit: $13,000
Property Name/Address of Owner Unit Assessment �
Identification I I I
Parcel#3378100070 SIDEBOTHAM COLLIN+1ANElLE $13,000
10745 SE 165TH ST
RENTON,WA 98055
KC Tax Act# 33�si000�o
Legal Description: �or i,BLOCK 2,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
Parcel#3378100080 BURNS CYNTHIA M $13,000
2007 NE 12TH ST
RENTON,WA 98056
KC Tax Act# 3378100080
Legal Description: �or z,BLOCK 2,HILITOP HEIGNTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
Parcel#3378100090 ZHU HAIRAN $i3,000
PO BOX 524
KIRKLAND,WA 98033
KC Tax Act# 3378100090
LE'.gBI D25Cflpt1011: LOT 3,BIOCK 2,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-8Q,KING COUNTY WASHINGTON
Parcel#3378100100 PRIES MICHELLE F+KAMRINN $13,000
10725 SE 165th St
RENTON,WA 98055
KC Tax Act# 33�aiooioo
Legal Description: �or a,BIOCK 2,HILLTOP HEIGHTS ADD,VOLUME 75,PAGES 79-80,KING COUNTY WASHINGTON
H:\File Sys\WWP-WaSteWater\�N1NP-27-03804 5E 165th Sewer Exte�sion\Special Assessment Dlstrict\Preliminary Assessment\Prelim SAD Roll SE 165th
MM.doc Page 1 of 2
AGENDA ITEM #5. k)
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN
ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES
ADJACENT TO SE 165�h STREET, AND ESTABLISHING THE AMOUNT OF THE
CHARGE UPON CONNECTION TO THE FACILITIES.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS: I
SEC'fION i. There is hereby created a Sanitary Sewer Service Special Assessment
District for the area served by the SE 165`h Street Sanitary Sewer Extension project in the
southeast quadrant of the City of Renton, which area is more particularly described in Exhibit
"A"attached hereto. A map of the service area is attached as Exhibit"B". The recording of this
document is to provide notification of potential connection and interest charges. While this
connection charge may be paid at any time, the City does not require payment until such time
as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may
be sold or in any other way change hands without triggering the requirement, by the City, of
payment of the charges associated with this district.
SECTION II. Persons connecting to the sanitary sewer facilities in this Special
Assessment District, and which properties have not been charged or assessed with all costs of
the SE 165th Street Sanitary Sewer Extension as detailed in this ordinance, shall pay, in addition
to the payment of the connection permit fee and in addition to the system development
charge, a per unit charge for new connections of residential units in the amount of thirteen
thousand do{lars($13,000.00) per dwelling unit.
1
AGENDA ITEM #5. k)
ORDINANCE N0.
SECTION Ill. In addition to the aforestated charges, there shall be a charge of seventy-
seven one hundredths percent (.77%) per annum added to the Special Assessment District
charge. The interest charge sha{I accrue for no mare than ten (10) years from the date this
ordinance becomes effective. Interest charges will be simple interest and not compound
interest.
SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) 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.1896:11/19/i5:scr
2
AGENDA /TEM #5, k)
EXHIBIT A
LEGAL DESCRIPTION
Lots i,2,3,4,and 5 Block 1 of Hilltop Heights,together with lots 1, 2,3,and 4 Block 2 of Hi{I Top
Heights,Section 29,Township 23,Range 5 East,Willamette Meridian,according to the plat thereof,
recorded in volume 75 of Plats, pages 79 and 80, records of King County,Washington.
AGENDA ITEM #5, k)
EXHIBIT B
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SE 165TH STREET SANITARY SEWER EXTENSION
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AGENDA ITEM # 7, a)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM A TO THE 2009
INTERLOCAL AGREEMENT WITH KING COUNTY RELATING TO PROCESSING OF
CLEARING, GRADING AND ASSOCIATED BUILDING PERMIT APPLiCATIONS FOR
THE SOOS CREEK TRAII.
WHEREAS, King County (the "County") and the City of Renton (the "City") executed an
Interlocal Agreement ("ILA") on January 4, 2009, designating certain duties to the County
related to acquiring and administering building permits for Phase V construction of the Soos
Creek Trail, portions of which would be located within City limits; and
WHEREAS, following years of field study, trail design work, and staffing changes, the
parties met in November and December 2014 to revisit details of the ILA and design for trail;
and
WHEREAS, as a result of these meetings, on December 23, 2014, the parties agreed, in
writing, to extend the ILA for a full five (5)years, through December 31, 2019, as provided for in
paragraph 12 of the ILA; and
WHEREAS, the parties now desire to acknowledge or clarify language by entering into
an addendum to the ILA that the City has called attention to in prior correspondence;
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.
1
.
AGENDA ITEM # 7, a)
RESOLUTION N0.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into Addendum
A to the 2009 Interlocal Agreement with King County relating to processing of clearing, grading
and associated building permit applications for the Soos Creek Trail.
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
RES.1682:9/2/15:scr
2
AGENDA ITEM # 7. b)
CITY OF RENTON, WASHINGTON
RESOLUTION N0.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING
RESOLUTION NO. 4221 REGARDING ANNUAL REPORTS OF THE DEFERRED
COMPENSATION 457(b) PLAN BY THE INVESTMENT COMMITTEE TO THE CITY
COUNCIL AND ADOPTING THE TIAA-CREF FINANCIAL SERVICES COMPANY
457(B) DEFERRED COMPENSATION PLAN DOCUMENT AS AMENDED.
WHEREAS, the City Council adopted Resolution No. 4221 ratifying and confirming a
number of actions of the Investment Committee of the City's 457(b) Deferred Compensation
Plan ("Plan"); and
WHEREAS, in setting up the Plan, the Council deferred certain actions to the Investment
Committee; and
WHEREAS, Resolution No. 4221, Section II(7), requires in part that the Investment
Committee shall deliver an annual report on the Plan to the Council for review and ratification;
and
WHEREAS, the term "ratification" is ambiguous and not within the normal
nomenclature of Council practice; and
WHEREAS, the terms "Council concur" or "Refer to Finance Committee" would be more
norma�terms for use on the Council agenda and minutes; and
WHEREAS, no language was contained in Resotution No. 4221 adopting the TIAA-CREF
Financial Services Company 457(b) Deferred Compensation Plan documents, which include the
base plan agreement, adoption agreement, plan variables and claim procedures; and
WHEREAS, it would be advisable to adopt an internal claims and appeals process and set
forth a limitations period for bringing such claims and/or appeals as part of the ptan;
1
AGENDA I TEM # 7, b)
RESOLUTION N0.
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 term ratification in Resolution No. 4221 shall be modified to
"Council cor�cur". If Council does not concur, the matter should be referred to the Council's
Finance Committee for further explanation by the Investment Committee.
SECTION III. The Cit Council hereb ado ts the TIAA-CREF Financial Services
Y Y p
Company 457(b) Deferred Compensation Plan, attached hereto as Appendix A, the Adoption
Agreement, attached hereto as Appendix B, and the Claims and Appeal Procedures and
Limitation Procedure, attached hereto as Appendix C, which all shall collectively be known as
the Deferred Compensation Plan for the City of Renton. Copies of the Deferred Compensation
Plan for the City of Renton shall be available for public review in the City Clerk's office.
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
RE5.1680:9/10/15:scr
2
- i
APPENDIX A
457(b) DEFERRED '
COMPENSATION PLAN OF
CITY OF RENTON,
A GOVERNMENTAL
� ORGANIZATION
TIAA
CREF
Flnancial servk�s
• �
Contents
ARTICLE I - DEFINITIONS...........................................................................................................1
1.1 Account Balance....................:...........................................................................................1
1.2 Annual Deferral..................................................................................................................1
1.3 Adoption Agreement..........................................................................................................1
1.4 Beneficiary.........................................................................................................................1
1.5 Code .............................................................................................:....................................1
1.6 Compensation....................................................................................................................1
1.7 Deferred Compensation Agreement ..................................................................................2
1.8 Differential Wage Payment ................................................................................................2
1.9 Disabled or Disability .........................................................................................................2
1.10 Effective Date.....................................................................................................................2
1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan ................................2
1.12 Eligible Employee ..............................................................................................................2
1.13 Employee...........................................................................................................................3
1.14 Employer............................................................................................................................3
1.151ncludible Compensation....................................................................................................3
1.16 Investment Options............................................................................................................3
1.171nvestment Sponsors .........................................................................................................3
1.18 Normal Retirement Age .....................................................................................................3
1.19 Participant..........................................................................................................................4
1.20 Plan....................................................................................................................................4
1.21 Plan Administrator..............................................................................................................4
1.22 Plan Year...........................................................................................................................4
1.23 Restated Effective Date .....................................................................................................4
1.24 Severance from Employment.............................................................................................4
1.25 TIAA-CREF........................................................................................................................4
1.26 Valuation Date ...................................................................................................................4
ARTICLE II - PARTICIPATION IN THE PLAN..............................................................................4
2.1 Eligibility.............................................................................................................................4
2.2 Enrollment in the Plan........................................................................................................5
2.3 Information Provided by the Participant .............................................................................5
2.4 Contributions Made Promptly.............................................................................................5
2.5 Leave of Absence ..............................................................................................................5
2.6 Disability.............................................................................................................................5
ARTICLE III - DEFERRAL OF COMPENSATION ........................................................................5
3.1 Annual Deferrals ................................................................................................................5
3.2 Modifications to Amount Deferred......................................................................................6
3.3 Deferral of Special Pay ......................................................................................................6
3.4 Termination of Deferral ......................................................Error! Bookmark not defined.
3.5 Employer Non-Elective Contributions ................................................................................6
3.6 Employer Matching Contributions ......................................................................................6 '
3.7 Maximum Deferral..............................................................................................................6
3.8 Vesting...............................................................................................................................8
3.9 Plan-to-Plan Transfers to the Plan.....................................................................................8
3.10Acceptance of Rollover Contributions................................................................................8
3.11 Qualified Military Service....................................................................................................8
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ARTICLE IV- INVESTMENT OF CONTRIBUTIONS ...................................................................9
4.1 Direction of Investment ......................................................................................................9
4.2 Investment Changes..........................................................................................................9
ARTICLEV - DISTRIBUTIONS ....................................................................................................9
5.1 Eligibility for Payment.........................................................................................................9
5.2 Small Balance In-Service Distributions ............................................................................11
5.3 In-service Distributions from a Rollover Account..............................................................11
5.4 Small Balance Distributions at Severance from Employment ..........................................11
5.5 Distribution Due to an Unforeseeable Emergency...........................................................12
5.6 Commencement of Distributions......................................................................................13
ARTICLE VI - FORM OF PAYMENT..........................................................................................13
6.1 Form of Payment .............................................................................................................13
I 6.2 Limits on Income Options Under an Annuity Contract .....................................................14
6.3 Minimum Amounts to be Distributed ................................................................................14
6.4 Minimum Distribution Requirements During Participant's Lifetime...................................14
6.5 Election ............................................................................................................................15
6.6 Failure to Make Election ..................................................................................................15
ARTICLE VII - DEATH BENEFITS .............................................................................................15
7.1 Form of Payment .............................................................................................................15
7.2 Death Distribution Requirements .....................................................................................16
7.3 Death of Beneficiary Before Benefits Commence............................................................17
ARTICLE VIII - TRANSFERS AND ROLLOVERS......................................................................17
8.1 Plan-to-Plan Transfers from the Plan...............................................................................17
8.2 Permissive Service Credit Transfers................................................................................17
8.3 Direct Rollovers................................................................................................................18
ARTICLEIX - LOANS.................................................................................................................19
9.1 Availability........................................................................................................................19
9.2 Maximum Loan Amount...................................................................................................20
9.3 Terms of Loan..................................................................................................................20
9.4 Extended Loan Term for Leaves of Absence due to Military Service...............................20
9.5 Loan Default.....................................................................................................................21
ARTICLE X - ROTH ELECTIVE DEFERRALS............................................................................21
10.1 General Application..........................................................................................................21
10.2 Separate Accounting........................................................................................................21
10.3 Direct Rollovers................................................................................................................21
10.4 Definition of Roth Elective Deferrals ................................................................................22 '
ARTICLE XI - BENEFICIARY INFORMATION ...........................................................................22
11.1 Designation......................................................................................................................22
11.2 Failure to Designate a Beneficiary...................................................................................23
ARTICLE XII - PLAN ADMINISTRATION...................................................................................23
12.1 Plan Administration..........................................................................................................23
12.2Accounts and Expenses ..................................................................................................23
12.3 Mistaken Contribution ......................................................................................................23
12.4 Domestic Relations Orders..............................................................................................24
12.5 I RS Levy ..........................................................................................................................24
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12.6Procedure When Distributee Cannot be Located.............................................................24
12.7 Payments to Minors and Incompetents............................................................................24
ARTICLE XIII -AMENDMENT OR TERMINATION OF PLAN....................................................25
13.1 Amendment of Plan .........................................................................................................25
13.2 Termination of Plan..........................................................................................................25
ARTICLE XIV- MISCELLANEOUS ............................................................................................25
14.1 Plan Non-Contractual.......................................................................................................25
14.2CIaims of Other Persons..................................................................................................25
14.3 Non-Assignability.............................................................................................................25
14.4 Contracts..........................................................................................................................25
14.5 Pronouns..........................................................................................................................26
14.6 Representations...............................................................................................................26
14.7 Severability ......................................................................................................................26
14.8Applicable Law.................................................................................................................26
14.9Trust Fund........................................................................................................................26
TIAA-CREF Financial Services O
Govemmental 457(b) Deferred Compensation Plan 6/2013
. ►
INTRODUCTION
The purpose of the Plan is to provide deferred compensation for Eligible Employees covered
under the Plan. The Plan document and the Adoption Agreement are designated as constituting
pa�ts of a plan intended to satisfy the requirements of an Eligible Governmental Deferred
Compensation Plan within the meaning of Section 457(b) of the Code, the regulations issued
thereunder, and other applicable law.
ARTICLE I - DEFINITIONS
1.1 Account Balance means the book entry account maintained with respect to each
Participant which reflects the value of the deferred Compensation credited to the
Participant, including the Participant's Annual Deferrals, any Compensation deferred
under the Plan by non-elective Employer contribution (either matching contributions or
non-elective contributions), the earnings or loss of the investment options held in the
Investment Options (net of investment option expenses) allocable to the Participant, any
transfers for the Participant's benefit, and any distribution made to the Participant or the
Participant's Beneficiary. Account Balance includes any account established under
Article III for rollover contributions and plan-to-plan transfers made for a Participant, any
account established under Article X for Roth Elective Deferrals, the account established
for a Beneficiary after a Participant's death, and any account or accounts established for
an alternate payee, as defined in Section 414(p)(8) of the Code. Subject to the terms of
the Investment Option, if a Participant has more than one Beneficiary at the time of the
Participant's death, then a separate Account Balance shall be maintained for each
Beneficiary.
1.2 Annual Deferral means the annual amount of Compensation that a Participant elects to
defer pursuant to a properly executed Deferred Compensation Agreement. Effective on
and after January 1, 2011 and if elected in the Adoption Agreement, Annual Deferral
includes a Roth Elective Deferral that is separately accounted for under the Plan.
1.3 Adoption Agreement means the separate agreement that is executed by the Employer
which sets forth the elective and certain non-elective provisions of the Plan. The Adoption
Agreement and this Plan document collectively constitute the Plan.
1.4 Beneficiary means the individual, trustee, estate, or legal entity entitled to receive
benefits under this Plan which become payable in the event of the Participant's death.
1.5 Code means the Internal Revenue Code of 1986, as now in effect or as hereafter
amended. All citations to sections of the Code are to such sections, as they may from
time to time be amended or renumbered, to the Treasury regulations issued thereunder
or to any applicable guidance issued by the IRS.
1.6 Compensation means, unless otherwise set forth in the Adoption Agreement, all cash
remuneration for services rendered to the Employer, including salary, wages, fees,
commissions, bonuses, overtime pay (collectively referred to as "regular pay") and that is
includible in the Participant's gross income for the calendar year plus amounts that would
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TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
. ► I
be cash remuneration for services to the Employer and includible in the Participant's
gross income for the calendar year but for an election under Section 457(b), 403(b),
401(k), 125, 132(fl(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer
Compensation under Article III) or such other meaning as provided by Section 415(c)(3)
of the Code. Such term also includes regular pay received after Severance from
Employment if it is received within the later of two and one-half(2 1/2) months following
Severance from Employment or the end of the limitation year that includes the date of
Severance from Employment. To the extent elected in the Adoption Agreement, such
term shall also include unused accrued bona fide sick, vacation, and/or other leave
payments provided the Participant would have been entitled to use such leave had
employment continued and such amounts are received by the Plan within the later of two
and one-half(2 1/2) months after Severance from Employment or the end of the limitation
year that includes the date of Severance from Employment. Effective January 1, 2009,
the term Compensation includes Differential Wage Payments.
1.7 Deferred Compensation Agreement means the agreement between a Participant and
the Employer to defer receipt by the Participant of Compensation not yet paid or
otherwise made available. Such agreement shall state the Annual Deferral amount to be
withheld from a Participant's Compensation and shall become effective no earlier than
the first day of the month following execution of such agreement. Once executed and
received by the Plan Administrator, or its designee, the Deferred Compensation
Agreement shall be legally binding and irrevocable with regard to amounts paid or
otherwise made available while the Agreement is in effect.
1.8 Differential Wage Payment means any payment which is made by the Employer to an
Employee with respect to any period during which the Employee is performing service in
the uniformed services (as defined in chapter 43 of title 38 of the Code) while on active
duty for a period of more than thirty (30) days, and such payment represents all or a
portion of the wages the Employee would have received from the Employer if the
Employee were performing service for the Employer.
1.9 Disabled or Disability means the definition of disability in Section 72(m)(7) of the Code I
as determined by the Employer.
1.10 Effective Date means the date set forth in the Adoption Agreement if this is a new Plan.
1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan means a plan
that constitutes an eligible governmental deferred compensation plan within the meaning
of Section 457(b) of the Code that is established and maintained by an employer that is a
Governmental employer and eligible to maintain a 457(b) deferred compensation plan. I
1.12 Eligible Employee means any person who performs services for the Emplo er and who, I�
Y
pursuant to the terms of the Adoption Agreement, is eligible to participate in this Plan.
Unless elected in Adoption Agreement, Eligible Employee shall not include any individual
who is deemed to be an independent contractor, as determined by the Plan Administrator I
in its sole and absolute discretion. Eligible Employee shall not include any individual who ',
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TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
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is performing services for the Employer pursuant to an agreement that provides that such
individual shall not be eligible to participate in this Plan or other benefit plans of the
Employer. If any individual is not classified as an Eligible Employee by the Employer and
is subsequently reclassified as an Eligible Employee by any overriding governmental or
regulatory authority, such individual shall nevertheless be deemed to have become an
Eligible Employee prospectively only, effective as of the date of such reclassification (and
not retroactive to the date on which he or she was found to have first become eligible for
any other purposes), and then only if he or she otherwise satisfies the requirements of
this Plan.
1.13 Employee means any person, whether appointed or elected, who is employed by the
Employer as a common law employee, excluding any Employee who is included in a unit
of employees covered by a collective bargaining agreement that does not specifically
provide for participation in the Plan. The term Employee shall include any individual
classified by the Employer as an independent contractor of the Employer, in accordance
with its general administrative policies.
1.14 Employer means the entity that is a state, a political subdivision of a state, and any
agency or instrumentality of a state which has adopted this Plan and is named in the
Adoption Agreement.
1.15 Includible Compensation means with respect to a taxable year, the Participant's
compensation as defined in Section 415(c)(3) of the Code and the Treasury regulations
issued thereunder for services performed for the Employer. The amount of Includible
Compensation is determined without regard to any community property laws. Such term
shall include any amount that would be cash remuneration for services to the Employer
and includible in the Participant's gross income for the calendar year but for an election
under Section 457(b), 403(b), 401(k), 125, 132(fl(4), 401(k), 403(b) or 457(b) of the Code
(including an election to defer Compensation under A�ticle III). Effective January 1, 2009,
� Includible Compensation will include Differential Wage Payments made by the Employer
to a Partici ant.
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1.16 Investment Options means the annuity contracts, custodial accounts, and other
i IAA- REF n I h Plan Administrator as
investment o t ons offered b T C a d se ected b t e
P Y Y
investment options to be offered to Participants and Beneficiaries under the Plan.
Investment Options shall also include any other investment alternatives made available
by any other Investment Sponsor and designated pursuant to the terms of this Plan
document and the Adoption Agreement as being available for the purpose of allocating
contributions, rollovers, and/or transfers under this Plan.
1.17 Investment Sponsors means TIAA-CREF, any other insurance company, regulated
investment company, or other entity providing Investment Options under the Plan.
1.18 Normal Retirement Age means age 65 unless otherwise provided in the Adoption
Agreement.
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1.19 Participant means an Eligible Employee who becomes a Participant in the Plan in
accordance with Article II hereof. An individual shall cease to become a Participant at
such time as he or she no longer has any interest in contracts or accounts under the
Plan. An "Active Participant" means a Participant who is currently an Employee.
1.20 Plan means the 457(b) Deferred Compensation Plan set forth herein and in the Adoption '
Agreement, as amended from time to time.
1.21 Plan Administrator means the individual(s) or committee appointed by the Employer to
administer the Plan. If the Employer fails to make such appointment, the Employer shall
be the Plan Administrator. I
1.22 Plan Year means the finrelve (12) consecutive month period designated by the Employer �
in the Adoption Agreement.
1.23 Restated Effective Date means the date set forth in the Adoption Agreement if the Plan
is a restated plan.
1.24 Severance from Employment means the date the Participant dies, retires, or otherwise
severs employment with the Employer as determined by the Plan Administrator or its
designee (and taking into account guidance issued under the Code). To the extent
elected in the Adoption Agreement, such term shall also include a deemed Severance
from Employment during any period the Participant is performing services in the
uniformed services for a period of more than thirty (30) days.
1.25 TIAA-CREF means Teachers Insurance and Annuity Association and College Retirement �,
Equities Fund.
1.26 Valuation Date means any day that the New York Stock Exchange is open for trading.
ARTICLE II - PARTICIPATION IN THE PLAN
2.1 Eligibility.
(a) Eligible Employees. If this is a new plan, any Employee who is classified as an
Eligible Employee under the terms of the Adoption Agreement as of the Effective
Date shall be eligible to participate in the Plan on the Effective Date. If this is a
restated plan, each present Participant shall continue to be a Participant in the
Plan. Any other Employee who is classified as an Eligible Employee under the
terms of the Adoption Agreement as of the Restated Effective Date shall be
eligible to participate in the Plan on the Restated Effective Date.
(b) Non-Eligible Employees. If this is a new plan, any Employee who is not eligible
to participate in the Plan as of the Effective Date pursuant to paragraph (a) above,
shall be eligible to participate in the Plan upon classification as an Eligible
Employee. If this is a restated plan, any Employee who is not eligible to participate
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TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
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in the Plan as of the Restated Effective Date pursuant to paragraph (a) above,
shall be eligible to participate in the Plan upon classification as an Eligible
Employee.
2.2 Enrollment in the Plan. To participate in the Plan, each Eligible Employee shall
complete and remit the applicable enrollment forms, including a Deferred Compensation
Agreement, to the Plan Administrator or its designee. Enrollment shall be effective on or
after the first day of the month following the date the properly completed enrollment forms
are remitted to and accepted by the Plan Administrator or its designee. A newly hired
Eligible Employee may defer Compensation payable in the calendar month in which he or
she becomes an Employee if a Deferred Compensation Agreement is entered into on or
before the first day on which the Eligible Employee performs services for the Employer.
2.3 Information Provided by the Pa�ticipant. Each Eligible Employee enrolling in the Plan
should provide to the Investment Sponsor or the Plan Administrator, as required, at the
time of initial enrollment, and later if there are any changes, any information necessary or
advisable for the Investment Sponsor or the Administrator, as appropriate, to administer
the Plan, including, without limitation, whether the Eligible Employee is a participant in
any other Eligible Plan.
2.4 Contributions Made Promptly. Annual Deferrals under the Plan shall be transferred to
the applicable Investment Option within a period that is not longer than is reasonable for
the proper administration of the Plan. In no event, shall any Annual Deferrals be
transferred to the applicable Investment Option later than fifteen (15) days following the
h rwi h v n aid to the Partici ant.
end of the month in which the amount would ot e se a e bee p
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2.5 Leave of Absence. Unless a Deferred Compensation Agreement is otherwise revised, if
a Partici ant is absent from work b aid leave of absence, Annual Deferrals under the
P YP
Plan shall continue to the extent Compensation continues.
2.6 Disability. A Disabled Participant may elect to make Annual Deferrals during any portion
of the period of his or her Disability to the extent that he or she has actual Compensation
(not imputed compensation and not disability benefits) from which to make deferrals to
the Plan and has not had a Severance from Employment.
ARTICLE III - DEFERRAL OF COMPENSATION
3.1 Annual Deferrals. If elected pursuant of the terms of the Adoption Agreement, an
Eligible Employee may elect to make Annual Deferrals to the Plan pursuant to a Deferred
Compensation Agreement with the Employer. Annual Deferrals may be made up to the
applicable annual limits under the Code or, or if less, the amount set forth in the Adoption
Agreement. Subject to the rules of the applicable Investment Sponsor, the Plan
Administrator may establish a minimum Annual Deferral amount and may change such
amount from time to time. The Deferred Compensation Agreement may also include a
designation of Investment Options and a designation of a Beneficiary. Any such election
shall remain in effect until a new election is filed.
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3.2 Modifications to Amount Deferred. A Participant may elect to change the amount of his
or her Annual Deferral with respect to future Compensation by submitting a new and
properly executed Deferred Compensation Agreement to the Plan Administrator or its
designee. Pursuant to the rules of the Investment Sponsor, if any, unless the new
Deferred Compensation Agreement specifies a later effective date, a change in the
amount of Annual Deferrals shall take effect as of the first day of the next following month
or as soon as administratively practicable thereafter.
3.3 Deferral of Special Pay. If elected in the Adoption Agreement, a Participant may elect to
defer accumulated bona fide sick, vacation, and/or other leave pay. These amounts may
be deferred for any calendar month only if an agreement providing for the Annual
Deferral is entered into before the beginning of the month in which the amounts would
otherwise be paid or made available.
3.4 Termination of Deferral. A Participant may terminate his or her participation election by
so notifying the Plan Administrator or its designee in using the administrative practices
specified by the Plan Administrator or its designee. Such administrative practices may
include electronic notice, if made available to Participants. Nofinrithstanding the
provisions in Section 3.2 above, any such termination shall take effect as soon as
administratively practicable following receipt by the Plan Administrator or its designee of
satisfactory notice of such revocation.
3.5 Employer Non-Elective Contributions. If elected in the Adoption Agreement, the
Employer shall make non-elective contributions (other than Employer matching
contributions, if any, made pursuant to Section 3.6, below) to the Plan on behalf of Active
Participants. No Participant shall have the right to elect to receive any amount contributed
pursuant to this Section 3.5 as cash in lieu of a contribution. All such non-elective
contributions shall be made at the rate or in the amount set forth in the Adoption
Agreement. Any non-elective contribution will reduce, dollar for dollar, the annual amount
the Participant can defer to the Plan and in no event shall the combined total of
Participant and Employer contributions exceed the maximum amount permitted by law.
3.6 Employer Matching Contributions. If elected in the Adoption Agreement, the Employer
shall make matching contributions (other than Employer non-elective contributions, if any,
made pursuant to Section 3.5, above) to the Plan on behalf of Active Participants who
make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement. No
Participant shall have the right to elect to receive any amount contributed pursuant to this
Section 3.6 as cash in lieu of a contribution. All such matching contributions shall be
made at the rate or in the amount set forth in the Adoption Agreement and shall be based
on the amount of Annual Deferrals made by an Active Participant to the Plan during the
year. Any matching contribution will reduce, dollar for dollar, the annual amount the
Participant can defer to the Plan and in no event shall the combined total of Participant
and Employer contributions exceed the maximum amount permitted by law.
3.7 Maximum Deferral.
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(a) Primary Limitation. The maximum amount that may be contributed to the Plan
pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of any Participant, other
than by means of a rollover or rollover or plan-to-plan transfer, shall not exceed
the lesser of: (1) the annual applicable dollar amount, as set forth in Section
457(e)(15) of the Code, or (2) 100% of the Participant's Includible Compensation
for the taxable year.
(b) Special Section 457 Catch-Up Limitation. If elected in the Adoption Agreement,
for one (1) or more of the last three (3) taxable years ending before the calendar
year of a Participant's attainment of Normal Retirement Age ("NRA"), the
Participant may utilize the catch-up provision under Section 457(b)(3) of the Code,
When special Section 457 catch-up is utilized, the maximum amount that may be
contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of a
, Participant, other than by means of a rollover or plan-to-plan transfer, shall be the
lesser of X or Y. X shall be, for any taxable year beginning on or after January 1,
2002, finrice (2 times) the applicable dollar amount in effect under Section
457(b)(2)(A) of the Code for such year. Y shall be the sum of(i) the primary
limitation amount determined under Section 3.7(a), above, for the year, and (ii)
underutilized amounts, which is that portion of the primary limitation amount
determined under Section 3.7(a), above, that is not utilized by the Participant in
prior taxable years (beginning after 1978) in which the Participant was eligible to
participate in the Plan. The special Section 457 catch-up limitation is available to a
Participant during one (1) three (3)-year period only. If the Participant uses the
special Section 457 catch-up limitation and then postpones retirement or returns to
work after retirement, the Participant cannot utilize special Section 457 catch-up
again, even if he or she has unde�utilized amounts in the Plan or only utilized
special Section 457 catch-up in less than all of the three (3) years prior to the year
the Participant attained his or her NRA.
(c) Catch-Up Limitation For Individuals Age 50 or Older. To the extent permitted
by law and elected in the Adoption Agreement, the maximum Annual Deferral that
may be contributed pursuant to Section 3.1 for any individual who has attained the
age of 50, or older, before the close of a taxable year, shall be increased by the '
applicable amount set forth in Section 414(v) of the Code. Notwithstanding the ,
immediately preceding sentence, contributions shall not be made in accordance
with this Section 3.7(c) during any year in which special Section 457 catch-up,
described in Section 3.7(b), provides a higher limitation.
(d) Coordination with Other Code Section 457(b) Plans. If a Participant
participates in more than one (1) Code Section 457(b) plan, all Code Section
457(b) plans are aggregated and the maximum deferral under all such plans shall
not exceed the applicable limit described in Section 3.7(a), above, or if the special
Section 457 or age 50 catch-up is utilized, the applicable limitation described in
Section 3.7(b) or (c), above).
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(e) Distribution of Excess Deferrals. To the extent that any amount deferred under
the Plan for any taxable year exceeds the limitations of this Section 3.7, any
excess deferrals will be distributed pursuant to the applicable provision.s of the
Code, regulations, or other IRS guidance issued thereunder.
3.8 Vesting. A Participant shall be fully vested at all times in his or her accrued benefits
under this Plan. Such accrued benefits shall be non-forfeitable at all times.
3.9 Plan-to-Plan Transfers to the Plan. To the extent provided in the Adoption Agreement '
and pursuant to the rules of each Investment Sponsor, a Participant, but not a
Beneficiary, may elect to make contributions that are transferred directly from the
Participant's prior employer's Eligible Governmental Deferred Compensation Plan under '
Section 457(b) of the Code. Notwithstanding the foregoing, transfers shall be permitted
only to the extent (i) the transferor plan provides for such direct transfers, (ii) the receiving
plan provides for the receipt of plan-to-plan transfers, and (iii) the Participant will have an
amount deferred immediately after the transfer at least equal to the amount deferred with
respect to that Participant immediately before the transfer, and (iv) the Participant gives '
written direction to the Employer or its designee in a satisfactory form to make such
transfer. The Plan Administrator may require such documentation from the other plan as
it deems necessary to effectuate the transfer in accordance with Section 457(e)(10) of
the Code and Section 1.457-10(b) of the Treasury regulations and to confirm that the I
other plan is an eligible governmental plan as defined in Section 1.457-2(fl of the �
Treasury regulations.
The amount so transferred shall be credited to the Participant's Account Balance and
shall be held, accounted for, administered and otherwise treated in the same manner as
an Annual Deferral by the Participant under the Plan, except that the transferred amount i
shall not be considered an Annual Deferral under the Plan in determining the maximum ',
deferral limit under Section 3.7. Such funds and the accumulation generated from them I
shall be fully vested and nonforfeitable at all times. I,
3.10 Acceptance of Rollover Contributions. If so provided in the Adoption Agreement and if
an Active Participant is entitled to receive, and elects to receive, an eligible rollover
distribution from any eligible retirement plan within the meaning of Section 402(c)(8)(B) of
the Code, each Investment Sponsor shall, subject to the rules of such Investment
Sponsor, accept such amount under this Plan, provided that the rollover to this Plan is
made either directly from another such plan or by the Active Participant within sixty (60)
days of the receipt of the distribution. Any such amounts rolled over from any such plan I
shall be made in the form of cash only and accounted for separately upon acceptance as
a rollover under this Plan. Such funds and the accumulation generated from them shall
be fully vested and nonforfeitable at all times and shall not be considered when ��,
calculating the maximum deferral limit under Section 3.7.
3.11 Qualified Military Service.
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(a) Nofinrithstanding any provision of this Plan to the contrary, contributions, benefits,
and service credit with respect to qualified military service will be provided in
accordance with Section 414(u) of the Code.
(b) A Participant whose employment is interrupted by qualified military service under
Section 414(u) of the Code or who is on a leave of absence for qualified military
service under Section 414(u) of the Code may elect to make additional Annual
Deferrals upon resumption of employment with the Employer equal to the
maximum Annual Deferrals that the Participant could have elected during that
� period if the Participant's employment with the Employer had continued (at the
same level of Compensation) without the interruption or leave, reduced by the
Annual Deferrals, if any, actually made for the Participant during the period of the
interruption or leave. This right applies for five (5) years following the resumption
of employment (or, if sooner, for a period equal to three (3) times the period of the
interruption or leave).
ARTICLE IV - INVESTMENT OF CONTRIBUTIONS
4.1 Direction of Investment. A Participant may request that amounts contributed to the Plan
on his or her behalf be allocated among the available Investment Options available under
the Plan. The Investment Options shall include the Investment Options made available by
TIAA-CREF and any other approved Investment Sponsors. The initial allocation request
may be made at the time of enrollment. Once made, an investment allocation request
shall remain in effect for all subsequent contributions until changed by the Participant.
4.2 Investment Changes. A Participant may change any investment allocation made by
such Participant hereunder, or transfer existing accumulations to another Investment
Option available under the Plan, by submitting a written request to the Employer or its
designee on such form as may be required by the Employer or its designee. Any such
changes shall become effective as soon as administratively feasible after the Employer or
its designee receives a satisfactory written request.
A.RTICLE V - DISTRIBUTIONS
5.1 Eligibility for Payment.
(a) Subject to the terms of the Investment Options, distribution of benefits from the
Plan shall be made no earlier than: (i) when the Participant has a Severance from
Employment (other than due to death), (ii) Plan termination, (iii) the Participant has
amounts separately held in a rollover account and, if elected in the Adoption
Agreement: (iv) the calendar year in which the Participant attains age 70-1/2, (v) in
the event of an approved financial hardship due to an Unforeseeable Emergency,
or (vi) the Participant is eligible for an in-service distribution of his or her small
Account Balance.
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(b) Nofinrithstanding the foregoing, if elected in the Adoption Agreement, with respect
to amounts payable to a Participant who is classified as an independent
contractor, as determined by the Plan Administrator in its sole and absolute
discretion, no amount will be paid to the Participant before a date at least finrelve
(12) months after the day on which the contract expires under which services are
performed for the Employer (or, in the case of more than one contract, all such
contracts expire); and no amount payable to the Participant on that date will be
paid to the Participant if, after expiration of the contract (or contracts) and before
that date, the Participant performs services for the Employer as an independent
contractor or an Employee.
(c) "Severance from Employment" means the termination of a Participant's
employment with the Employer for any reason including the Participant's death or
retirement.
(1) A Participant will be deemed to have incurred a Severance from
Employment without regard to whether such Participant continues in the
same job for a different employer following liquidation, merger,
consolidation, or other similar transaction.
(2) Pursuant to an election in the Adoption Agreement, "Severance from
Employment" for a Participant classified as an independent contractor shall
mean the cessation of services upon expiration of the contract (or in the
case of more than one contract, all contracts) under which services are
performed for the Employer provided the expiration constitutes a good-faith
and complete termination of the contractual relationship. Expiration will not
constitute a good-faith and complete termination of the contractual
relationship if the Employer anticipates a renewal of the contractual
relationship or the independent contractor becoming an Employee. For this
purpose, an Employer is considered to anticipate the renewal of the
contractual relationship with an independent contractor if it intends to
contract again for the services provided under the expired contract, and
neither the Employer nor the independent contractor has eliminated the
independent contractor as a possible provider of services under any such
new contract. Further, an Employer is considered to intend to contract again
for the services provided under an expired contract if the Employer's doing
so is conditioned only upon incurring a need for the services, the availability
of funds, or both.
(d) Special Considerations Relating to Military Service.
(1) Unless otherwise elected in the Adoption Agreement, a Participant who dies
(or becomes Disabled) on or after January 1, 2007, while performing
qualified military service will be treated as if he/she had resumed
employment with the Employer on the date preceding death (or Disability)
and terminated employment on the actual date of death (or Disability).
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(2) If elected in the Adoption Agreement and notwithstanding anything herein to
the contrary, a Participant shall be deemed as have had a Severance from
Employment during any period the individual is perForming service, for thirty
(30) or more days, in the uniformed services described in Section
3401(h)(2)(A) of the Code, thereby enabling the Participant to take a
distribution, but if the Participant elects such a distribution, the Participant
may not make any Annual Deferrals to the Plan for a six-month period
beginning on the date of distribution.
(3) Unless otherwise elected in the Adoption Agreement, with respect to deaths
occurring on and after January 1, 2007, and in accordance with Section
401(a)(37) of the Code, any additional benefits (other than benefit accruals
relating to the period of qualified military service,) made available to the
Beneficiary of a Participant who dies while in the active employment of the
Employer shall be made available to the Beneficiary of an Active Participant
who is on leave and dies while performing qualified military service (as
defined in Section 414(u) of the Code). If the Employer elects to credit
Participants who die while performing qualified military service with benefit
accruals in the Adoption Agreement, any Employer contribution will comply
with Section 401(a)(37) of the Code.
5.2 Small Balance In-Service Distributions. Subject to the terms of the Investment Options
and if elected in the Adoption Agreement, a Participant may elect to receive an in-service
distribution of the Participant's benefit under the Plan if the following requirements are
met:
(a) excluding rollover contributions held in a separate account, the total amount of the
Participant's benefit under the Plan does not exceed $5,000 (or the dollar limit
under Section 411(a)(11) of the Code),
(b) the Participant has not previously received a distribution under this provision of the
Plan, and
� (c) no amounts have been deferred under the Plan with respect to the Participant
during the finro (2)-year period ending on the date of the in-service distribution.
5.3 In-service Distributions from a Rollover Account. If a Participant has a separate
account attributable to rollover contributions to the Plan, the Participant may at any time
elect to receive a distribution of all or any portion of the amount held in the rollover
account.
5.4 Small Balance Distributions at Severance from Employment. Subject to the terms of
the Investment Option and if elected in the Adoption Agreement, the Employer may direct
the Investment Sponsor to distribute the total amount payable to a Participant who has a
Severance from Employment in the form of a lump sum payment within sixty (60) days of
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the Participant's Severance from Employment, but only if the total amount does not
exceed $1,000. Further, unless otherwise elected by the Participant, if a Participant's
Account Balance exceeds $1,000 but not $5,000 (or the dolla� limit under Section
411(a)(11) of the Code), the Employer may direct the Investment Sponsor to distribute
the total amount payable to a Participant in a direct rollover to an individual retirement
plan designated by the Employer or its designee. The determination of whether a
Participant's Account Balance exceeds the small balance threshold shall be determined
by including rollover contributions (and earnings attributable thereto) within the meaning
of Sections 402(e), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code.
5.5 Distribution Due to an Unforeseeable Emergency.
(a) If elected in the Adoption Agreement, a Participant, but not a Beneficiary after the
Participant's death, may request a distribution due to an "Unforeseeable
Emergency", as defined by Section 1.457-6(c)(2) of the Treasury regulations, by
submitting a written request to the Plan Administrator or its designee,
accompanied by evidence to demonstrate that the circumstances being
experienced qualify as an Unforeseeable Emergency. The Plan Administrator or
its designee shall have the authority to require such evidence, as it deems
necessary to determine if a distribution shall be warranted. If an application for a
distribution due to an Unforeseeable Emergency is approved, the distribution shall
be limited to an amount sufficient to meet the Unforeseeable Emergency.
(b) Unless defined otherwise by the Code or regulations, "Unforeseeable Emergency"
generally means a severe financial hardship to the Participant resulting from an
illness or accident of the Participant, the Participant's spouse, the Participant's
dependent (as de�ned in Section 152 of the Code without regard to Section
152(b)(1), (b)(2), and (d)(1)(B)) or the Participant's primary beneficiary, loss of the
Participant's property due to casualty, or other similar extraordinary and
unforeseeable circumstances arising as a result of events beyond the control of
the Participant.
The circumstances that will constitute an Unforeseeable Emergency will depend
upon the facts of each case, but, in any case, payment may not be made to the
extent that such emergency is or may be relieved:
(1) through reimbursement or compensation by insurance or otherwise;
(2) by liquidation of the Participant's assets, to the extent that liquidation of
such assets would not itself cause severe financial hardship; or
(3) by cessation of deferrals under the Plan.
The purchase of a home and the payment of college tuition are not considered to
be an Unforeseeable Emergency. Imminent foreclosure of or eviction from the
Participant's primary residence, the need to pay for medical expenses, including
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prescription drug medication, or the need to pay the funeral expenses of the
Participant's spouse, the Participant's dependent, or the ParticipanYs primary
Beneficiary may constitute an Unforeseeable Emergency.
5.6 Commencement of Distributions.
(a) Subject to the terms of the Investment Options, upon Severance from Employment
(other than due to death), a Participant may commence distribution of benefits at
any time following Severance from Employment by submitting a request to the
Investment Sponsor.
In the event a Participant fails to make an election during the initial election period,
the Participant shall receive a lump sum distribution following the expiration of the
initial election period and within ninety (90) days following Severance from
Employment, unless an alternate default distribution date and/or distribution option
is available and elected in the Adoption Agreement.
(b) Notwithstanding the provisions of Section 5.6(a) above, in no event shall
distribution of benefits commence with respect to any Participant later than the
April 1 st of the calendar year following the calendar year in which the Participant
attains age 701/2, or if later, the April 1st of the calendar year following the
calendar year in which the Participant incurs a Severance from Employment.
ARTICLE VI - FORM OF PAYMENT
6.1 Form of Payment. To the extent permitted by the Investment Options, distributions to
Participants will be made in a single lump sum unless other distribution options are made
available by any Investment Sponsor and selected for use under the Plan. These
alternative distribution options may include:
(a) Single Life Annuity. An annuity payable in equal installments for the life of the
Participant that terminates upon the Participant's death.
(b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of
the Participant and his or her Beneficiary.
(c) Fixed Period Payments. Payments for a fixed period subject to the terms or
limitations of the applicable Investment Sponsor or Investment Options.
(d) Any other annuity or withdrawal options as provided under the Investment Options
available under this Plan.
All forms of payments shall be subject to the limitations of the applicable Investment
Sponsor and its Investment Options.
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6.2 Limits on Income Options Under an Annuity Contract. Distributions from an annuity
contract, if not made in a single lump sum, shall be made over a period that does not
exceed:
(a) the life of the Participant;
(b) the lives of the Participant and his or her designated Beneficiary;
(c) a period certain not extending beyond the life expectancy of the Participant; or
(d) a period certain not extending beyond the life expectancies of the Participant and
his or her designated Beneficiary.
6.3 Minimum Amounts to be Distributed.
(a) If a Participant's retirement payments are to be distributed in a form other than a
single lump sum, the amount to be distributed each year, and the times those
amounts are paid, shall satisfy the requirements specified in Section 401(a)(9) of
the Code and the regulations issued thereunder.
(b) Notwithstanding the foregoing Section 6.3(a), a Participant or Beneficiary who
would have been required to receive required minimum distributions for 2009 but
for the enactment of Section 401(a)(9)(h) of the Code ("2009 RMDs"), and who
would have satisfied that requirement by receiving distributions that are (1) equal
to the 2009 RMDs or (2) one or more payments in a series of substantially equal
distributions (that include the 2009 RMDs) made at least annually and expected to
last for the life (or life expectancy) of the Participant, the joint lives (or joint life
expectancy) of the Participant and the Participant's designated Beneficiary, or for
a period of at least ten (10) years ("Extended 2009 RMDs"), will receive those
distributions for 2009 unless the Participant or Beneficiary chooses not to receive
such distributions. Participants and Beneficiaries described in the preceding
sentence will be given the opportunity to elect not to receive the distributions
described in this Section 6.3(b).
6.4 Minimum Distribution Requirements During Participant's Lifetime.
(a) Requirements of Code and Related Regulations Incorporated. All distributions
required under this Section 6.4 will be determined and made in accordance with
Section 401(a)(9) of the Code and the regulations issued thereunder.
(b) Time and Manner of Distribution.
(1) Required Beginning Date. The Participant's entire interest will be
distributed, or begin to be distributed, to the Participant no later than the
April 1 st of the calendar year following the calendar year in which the
Participant attains age 701/2, or if later, the April 1st of the calendar year
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following the calendar year in which the Participant incurs a Severance from
Employment.
(2) Amount of Required Minimum Distribution for Each Distribution
Calendar Year. During the Participant's lifetime, the minimum amount that
will be distributed for each distribution calendar year will be determined
under the applicable provisions of Section 401(a)(9) of the Code and the
Treasury regulations issued thereunder. '
(3) Lifetime Required Minimum Distributions Continue through Year of
Participant's Death. Required minimum distributions will be determined
under this Section 6.4 beginning with the first (1 st) distribution calendar
year and up to and including the distribution calendar year that includes the
Participant's date of death. Any amount due but untaken in the year of
death, must be received by the Beneficiary, even if the Beneficiary elects to
delay payments under the five (5) year rule under Section 7.2(b).
6.5 Election. Subject to the rules of the Investment Sponsor and the form(s) of distribution
available under the Plan, a Participant or Beneficiary may elect the form of distribution of
his or her benefits and may revoke that election at any time at least thirty (30) days
before his or her benefits begin, or such other time as permitted by the Plan Administrator
or its designee, by notifying the Investment Sponsor in writing of his or her new election.
Unless otherwise set forth in the Adoption Agreement, all distributions of benefits paid
pursuant to the terms of this Plan shall be paid directly by the applicable Investment
Sponsor to the Participant or Beneficiary.
6.6 Failure to Make Election. If a Participant or Beneficiary fails to elect a form of payment
in a timely manner, to the extent permitted by the Investment Option, benefits shall be
paid in a single lump sum.
ARTICLE VII - DEATH BENEFITS
7.1 Form of Payment. Distributions to Beneficiaries will be made in a single lump sum to the
designated Beneficiary as soon as administratively feasible following the death of the
Participant unless the Beneficiary selects an alternative distribution option that is made
available by any other Investment Sponsor and selected for use under the Plan. These
alternative distribution options may include:
(a) Single Life Annuity. An annuity payable in equal installments for the life of the
Beneficiary that terminates upon the Beneficiary's death.
(b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of
the Beneficiary and his or her beneficiary.
(c) Fixed Period Payments. Payments for a fixed period subject to the terms or
limitations of the applicable Investment Sponsor or Investment Options.
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� (d) Any other annuity or withdrawal options provided under the Investment Options.
All forms of payments shall be subject to the limitations of the applicable Investment
Sponsor and its Investment Options.
7.2 Death Distribution Requirements. Notwithstanding any other provisions in this Section,
any distribution option selected by a Beneficiary must comply with the following
distribution provisions:
(a) Death After Distributions Begin. If the Participant dies after distribution of his or
her interest has commenced, the remaining portion of such interest shall continue
to be distributed at least as rapidly as the method of distribution being used prior to
the Participant's death.
(b) Death Before Distributions Begin. If the Participant dies before distribution of his
or her interest has commenced, distribution of the Participant's entire interest shall
be completed by the December 31 st of the calendar year containing the fifth (5th)
anniversary of the Participant's death, except to the extent that the recipient of
such benefits elects to receive distributions in accordance with (1) or (2) below:
(1) If any portion of the Participant's interest is payable to a designated
Beneficiary, distributions may be made in substantially equal annual
payments over the life of the designated Beneficiary, or over a period
certain not extending beyond the life expectancy of the designated
Beneficiary, and commencing no later than the December 31 st of the
calendar year immediately following the calendar year in which the
Participant died;
(2) If the designated Beneficiary is the Participant's surviving spouse, the date
distributions are required to begin in accordance with (1) above shall be the
Decembe� 31st immediately following the calendar year in which the
Participant died or, if later, the December 31 st of the calendar year in which
the Participant would have attained age 701/2.
(3) If the Participant has not made an election pursuant to this Section 7.2 by
the time of his or her death, the Participant's designated Beneficiary must
elect the method of distribution no later than the earlier of(a) the December
31 st of the calendar year in which distributions would be required to begin
under this Section 7.2, or (b) the December 31 st of the calendar year which
contains the fifth (5th) anniversary of the date of death of the Participant. If
the Participant has no designated Beneficiary, or if the designated
Beneficiary does not elect a method of distribution, distribution of the
Participant's entire interest must be completed by the December 31 st of the
calendar year containing the fifth (5th) anniversary of the Participant's
death.
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(c) For purposes of Section 7.2(b), if the surviving spouse dies after the Participant,
but before payments to such spouse begins, the provisions of Section 7.2(b) with
the exception of paragraph (2) shall be applied as if the surviving spouse were the
Participant.
(d) For purposes of this Section 7.2, any amount paid to a child of the Participant will
be treated as if it had been paid to the surviving spouse if the amount becomes
payable to the surviving spouse when the child reaches the age of majority.
(e) For the purposes of this Section 7.2, distribution of a Participant's interest is
considered to begin on the Participant's required beginning date (or, if applicable,
the date distribution is required to begin to the surviving spouse). If distribution in
the form of an annuity irrevocably commences to the Participant before the
required beginning date, the date distribution is considered to begin is the date
distribution actually commences.
7.3 Death of Beneficiary Before Benefits Commence. In the event that a Beneficiary dies
after becoming entitled to receive benefits under this Plan but before distributions to the
Beneficiary have commenced, the benefits due such Beneficiary shall be paid to the
estate of the Beneficiary in a single lump sum payment as soon as administratively
feasible following the Beneficiary's death. No other distribution elections shall be
permitted.
ARTICLE VIII - TRANSFERS AND ROLLOVERS
8.1 Plan-to-Plan Transfers from the Plan.
(a) If elected in the Adoption Agreement and subject to the terms of the Investment
Option, any Participant (or Beneficiary upon the Participant's death) can elect to
have his or her Account Balance transferred to another Eligible Governmental
Deferred Compensation Plan (the "receiving plan") and the transfer satisfies the
applicable requirements of Section 1.457-10(b) of the Treasury regulations.
(b) Upon the transfer of assets under this Section 8.1, the Plan's liability to pay
benefits to the Participant or Beneficiary under this Plan shall be discharged to the
extent of the amount so transferred for the Participant or Beneficiary. The Plan
Administrator or its designee may require such documentation from the receiving
plan as it deems appropriate or necessary to comply with this Section 8.1 (for
example, to confirm that the receiving plan is an eligible governmental plan under
paragraph (a) of this Section 8.1, and to assure that the transfer is permitted under
the receiving plan) or to effectuate the transfer.
8.2 Permissive Service Credit Transfers.
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(a) If elected in the Adoption Agreement, any Participant who participates in a tax-
qualified defined benefit governmental plan (as defined in Code Section 414(d))
that provides for the acceptance of plan-to-plan transfers with respect to the
Participant may elect to have any portion of the Participant's Account Balance
transferred from this Plan to the defined benefit governmental plan. A transfer
under this Section 8.2 may be made before the Participant has had a Severance
from Employment.
(b) A transfer may be made under this Section 8.2 only if the transfer is either for (i)
the purchase of permissive service credit (as defined in Section 415(n)(3) of the
Code) under the receiving defined benefit governmental plan; or (ii) the repayment
of contributions and earnings related to a previous forfeiture of service credit under
the defined benefit governmental plan.
8.3 Direct Rollovers.Nofinrithstanding any provision of the Plan to the contrary that would
otherwise limit a distributee's election under this provision, a "distributee" may elect, at
the time and in the manner prescribed by the Employer, to have all, or any portion of an
eligible rollover distribution paid directly to an eligible retirement plan specified by the
distributee in a direct rollover.
For purpose of implementing the requirements of this provision, certain terms contained
in this Section 8.3 shall be defined as follows:
(a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of
all or any portion of the Account Balance to the credit of the distributee, except that
an eligible rollover distribution does not include: any distribution that is one of a
series of substantially equal periodic payments (not less frequently than annually)
made for the life (or life expectancy) of the distributee or the joint lives (or joint life
expectancies) of the distributee and the distributee's designated Beneficiary, or for
a specified period of ten (10) years or more; any distribution to the extent such
distribution is required under Section 401(a)(9) of the Code; and any other
exception permitted by law or the Internal Revenue Service. Any amount that is
distributed on account of Unforeseeable Emergency shall not be an eligible
rollover distribution (and the distributee may not elect to have any portion of such a
distribution paid directly to an eligible retirement plan). For 2009 only, the following
shall also be treated as an eligible rollover distribution: 2009 RMDs and Extended
2009 RMDs as defined in Section 6.4(b) of the Plan.
(b) Eligible Rollover Distribution to a Roth IRA. Effective January 1, 2008, a
Participant or any designated Beneficiary of the Participant may elect to roll over
amounts in accordance with Section 408A(e) of the Code directly to a Roth IRA,
provided that for any taxable year prior to January 1, 2010, the provisions of
Section 408A(c)(3)(B) of the Code are satisfied.
(c) Eligible Retirement Plan. An eligible retirement plan is any plan within the meaning
of Section 402(c)(8)(B) of the Code that accepts the distributee's eligible rollover
18 I
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013 ',
distribution. An eligible retirement plan shall also mean an Eligible Plan under
Section 457(b) of the Code which is maintained by a state, political subdivision of
a state, or any agency or instrumentality of a state or political subdivision of a
state, and which agrees to separately account for amounts transferred into such
plan from this Plan. This definition of eligible retirement plan shall also apply in the
case of a rollover request for a distribution to a surviving spouse, or to a spouse or
former spouse who is the alternate payee under a qualified domestic relation
order, as defined in Section 414(p) of the Code.
(d) Distributee.
(1) A distributee includes a Participant, a Participant's surviving spouse, a
Participant's former spouse who is the alternate payee under a qualified
domestic relations order, as defined in Section 414(p) of the Code, are
distributees with regard to the interest of the spouse or former spouse.
Effective beginning January 1, 2010, consistent with the provisions of Code
Section 402(c)(11), in the case of a distribution to a designated Beneficiary
for purposes of Code Section 401(a)(9) who at the time of the Participant's
death was neither the spouse of the Participant nor the spouse or former
spouse of the Participant who is an alternate payee under a domestic
relations order, a direct rollover is payable only to an individual retirement
account, Roth IRA or individual retirement annuity (IRA) that has been
established on behalf of the Beneficiary as an inherited IRA (within the
meaning of Section 408(d)(3)(C) of the Code).
(2) Although a non-spouse Beneficiary may directly rollover a distribution as
provided in this subsection (d), any distribution made before January 1,
2010, is not subject to the direct rollover requirements of Code Section
401(a)(31) (including Code Section 401(a)(31)(B), the notice requirements
of Code Section 402(fl, or the mandatory withholding requirements of Code
Section 3405(c)). If a non-spouse Beneficiary receives a distribution from
the Plan, the distribution is not eligible for a "60-day" rollover.
ARTICLE IX - LOANS
9.1 Availability. If elected in the Adoption Agreement and subject to the terms of the
Investment Options, a Participant who is an Active Participant may apply for and receive
a loan from his or her Account Balance as provided in this Article IX. All loans must be
subject to the terms of the Investment Options available under the Plan from which they
are taken and subject to such rules and procedures as the Plan Administrator or its
designee may adopt. Any such loan must be available to all Participants on a reasonably
equivalent basis and may not be for an amount less than $1,000. All applications for a
loan shall be made to the Investment Sponsor sponsoring the Investment Option from
which the loan is taken. Absent any contrary provision in the loan agreement with the
Investment Sponsor or under the Investment Option, the terms of this Article IX will apply.
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9.2 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of:
(a) $50,000, reduced by the greater of(i) the outstanding balance on any loan from
the Plan to the Participant on the date the loan is made or (ii) the highest
outstanding balance on loans from the Plan to the Participant during the one-year
period ending on the day before the date the loan is approved by the Investment
Sponsor (not taking into account any payments made during such one-year
period), or
(b) one-half of the value of the Participant's vested Account Balance (as of the
Valuation Date immediately preceding the date on which such loan is approved by
the Investment Sponsor).
For purposes of this Section 9.2, any loan from any other plan maintained by the
Employer shall be treated as if it were a loan made from the Plan, and the Participant's
vested interest under any such other plan shall be considered a vested interest under this
Plan; provided, however, that the provisions of this paragraph shall not be applied so as
to allow the amount of a loan under this Section 9.2 to exceed the amount that would
otherwise be permitted in the absence of this paragraph.
9.3 Terms of Loan. The terms of the loan shall:
(a) require level amort�zation with payments not less frequently than quarterly
throughout the repayment period.
(b) require that the loan be repaid within five (5) years unless the Participant certifies
in writing to the Plan Administrator that the loan is to be used to acquire any
dwelling unit which, within a reasonable time, is to be used (determined at the time
the loan is made) as a principal residence of the Participant, in which case the
loan may be repaid over a period not greater than ten (10) years.
(c) provide for interest at a rate to be determined under the terms of the Investment
Option or the loan procedures of the Investment Sponsor.
9.4 Extended Loan Term for Leaves of Absence due to Military Service. The Plan may
suspend the obligation to repay a loan for any period during which a Participant is
performing military service in accordance with Section 414(u)(4) of the Code, even if the
service is not qualified military service as defined under the Uniformed Services
Employment and Reemployment Rights Act of 1994. Loan repayments must resume
upon the completion of the military service, and the loan must be repaid in full (including
interest that accrues during the period of military service) by amortization in substantially
level payments over a period that ends not later than five (5) years after the origination
date of the loan (unless the loan is for the purchase of a principal residence) plus the
period of the military service.
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9.5 Loan Default. In the event that a Participant fails to make a loan payment under this
Article IX by the end of the calendar quarter following the calendar quarter in which the
loan payment was due, a default on the loan shall occur. Loan defaults shall be
administered in accordance with specific rules documented under the Investment Options
and the Code.
ARTICLE X - ROTH ELECTIVE DEFERRALS
10.1 General Application. This Article X will apply to contributions beginning with the
effective date specified in the Adoption Agreement but in no event, before the first day of
the first taxable year beginning on or after January 1, 2011. �
(a) As of the effective date under Section 10.1, the Plan will accept Roth Elective
Deferrals made on behalf of Participants. A Participant's Roth Elective Deferrals
will be allocated to a separate account maintained for such deferrals as described
in Section 10.2.
(b) Unless specifically stated otherwise, Roth Elective Deferrals will be treated as
Annual Deferrals for all purposes under the Plan.
10.2 Separate Accounting.
(a) Contributions and withdrawals of Roth Elective Deferrals will be credited and
debited to the Roth Elective Deferral account maintained for each Participant.
(b) The Plan will maintain a record of the amount of Roth Elective Deferrals in each
Participant's account.
(c) Gains, losses, and other credits or charges must be separately allocated on a
reasonable and consistent basis to each Participant's Roth Elective Deferral
account and the Participant's other accounts under the Plan.
(d) No contributions other than Roth Elective Deferrals and properly attributable
earnings will be credited to each Participant's Roth Elective Deferral Account.
� 10.3 Direct Rollovers.
(a) Nofinrithstanding Section 8.3, a direct rollover of a distribution from a Roth Elective
Deferral account under the Plan will only be made to another Roth Elective
Deferral account under an Eligible Governmental Deferred Compensation Plan
and only to the extent the rollover is permitted under the rules of Section 402(c) of
the Code or as otherwise permitted by law.
(b) Nofinrithstanding Section 3.11, unless otherwise provided by the Employer in the
Adoption Agreement, the Plan will accept a rollover contribution to a Roth Elective
Deferral account only if it is a direct rollover from another Roth Elective Deferral
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. �
account under an Eligible Governmental Deferred Compensation Plan and only to
the extent the rollover is permitted under the rules of Section 402(c) of the Code or
as otherwise permitted by law.
(c) Notwithstanding Sections 8.3 and 3.11 and if elected in the Adoption Agreement
and subject to the terms of the Investment Options, a Participant may elect an in-
plan eligible rollover distribution of Annual Deferrals to the Participant's designated
Roth Elective Deferral account if the eligible rollover distribution meets the
following requirements:
(1) the eligible rollover distribution is from a non-designated Roth account in
the Plan;
(2) the distribution is because of an event that triggers the availability of an
eligible rollover distribution from the Plan; and
(3) otherwise meets the rollover requirements of Section 402(c).
(d) Any eligible rollover distributions from a Participant's Roth Elective Deferral
account are taken into account in determining whether the total amount of
the Participant's Account Balances under the Plan exceeds the threshold
amount for purposes of distributions from the Plan pursuant to Section 5.4.
(e) If subject to any minimum threshold for distributions that are direct rollovers
that are imposed by the Plan Administrator or under the Investment
Options, any amount distributed from the Participant's Roth Elective
Deferral account is treated as a separate distribution from any amount
distributed from the Participant's other accounts in the Plan, even if the
amounts are distributed at the same time.
10.4 Definition of Roth Elective Deferrals. A Roth Elective Deferral is an elective deferral
that is:
(a) Designated irrevocably by the Participant in the Deferred Compensation
Agreement as a Roth Elective Deferral that is being made in lieu of all or a portion
of the pre-tax Annual Deferrals the Participant is otherwise eligible to make under
the Plan; and �
(b) Treated by the Employer as includible in the Participant's income at the time the
Participant would have received that amount in cash if the Participant had not
made an agreement to defer this Compensation.
ARTICLE XI - BENEFICIARY INFORMATION
11.1 Designation. A Participant shall have the right to designate a Beneficiary, and amend or
revoke such designation at any time prior to commencement of benefits, in writing and in
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a form approved by the Plan Administrator, its designee, or the Investment Sponsor.
Such Beneficiary designations, amendments, or revocations will be maintained by the
Investment Sponsor and shall be effective upon satisfactory receipt by the Investment
Sponsor.
11.2 Failure to Designate a Beneficiary. Absent any procedures set forth by the Investment
Sponsor, benefits shall be paid to the Participant's estate if, prior to the date a Participant
commences to receive payment of benefits under the Plan, the Participant has not
designated a Beneficiary or no designated Beneficiary survives the Participant and
benefits are payable following the Participant's death.
ARTICLE XII - PLAN ADMINISTRATION
12.1 Plan Administration. The Employer shall be responsible for appointing a Plan
Administrator to administer the Plan. The Plan Administrator may authorize a committee
comprised (to the extent possible) of not less than three (3) persons, to act collectively
with regard to administration of the Plan. The Plan Administrator shall have sole
discretionary responsibility for the interpretation of the Plan, enrolling Participants in the
Plan, sending contributions on behalf of each Participant to the applicable Investment
Sponsor, and for performing other duties required for the operation of the Plan. Any
action taken on any matter within the discretion of the Plan Administrator shall be made
in its sole and absolute discretion based on this Plan document and the Adoption
Agreement, and shall be final, conclusive, and binding on all parties. In order to discharge
its duties hereunder, the Plan Administrator shall have the power and authority to
delegate ministerial duties and to employ such outside professionals as may be required
for prudent administration of the Plan. The Plan Administrator shall also have authority to
enter into agreements on behalf of the Employer necessary to implement this Plan.
12.2 Accounts and Expenses. The Employer or the Investment Sponsor shall establish and
maintain book entry accounts on behalf of each Participant and Beneficiary after the
death of the Participant. Such accounts shall be valued in accordance with the rules of
the Investment Option, in which the accounts are invested. Each Participant shall receive
a written notice of his or her Account Balance following such valuation or valuations,
provided that such notice shall not be required to be given more than one time per
calendar quarter. Each Participant's Account Balance shall reflect the aggregate of his or
her Annual Deferrals, Employer non-elective contributions, Employer matching
contributions, and plan-to-plan transfers and rollovers, if any, and shall also reflect
investment experience attributable to such Account Balance and expense charges
applied to, and distributions made from, such Account Balance.
12.3 Mistaken Contribution. If any contribution (or any portion of a contribution) is made to
the Plan by a good faith mistake of fact, then within one (1) year after the payment of the
contribution, and upon receipt in good order of a proper request approved by the Plan
Administrator, the amount of the mistaken contribution (adjusted for any income or loss in
value, if any, allocable thereto) shall be returned directly to the Participant or, to the
extent required or permitted by the Plan Administrator, to the Employer.
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12.4 Domestic Relations Orders. Notwithstanding Sections 14.3 and 14.9, if a judgment,
' decree or order (including approval of a property settlement agreement) that relates to
the provision of child support, alimony payments, or the marital property rights of a
spouse or former spouse, child, or other dependent of a Participant is made pursuant to
the domestic relations law of any State ("domestic relations order" or "DRO"), then,
unless otherwise elected in the Adoption Agreement, the amount of the Participant's
Account balance shall be paid in the manner and to the person or persons so directed in
the domestic relations order provided such domestic relations order is found to be
qualified under the provisions of Section 414(p) of the Code ("QDRO"). Payment shall be
made without regard to whether the Participant is eligible for a distribution of benefits
under the Plan. The Investment Sponsor shall establish reasonable procedures for
determining the status of any such decree or order and for effectuating distribution
pursuant to the domestic relations order. The Plan Administrator shall establish such
procedures, in the absence of any procedures established by the Investment Sponsor.
Effective April 6, 2007, a DRO that otherwise satisfies the requirements of a QDRO will
not fail to be a QDRO solely because (a) the order is issued after or revises another DRO
or QDRO, or (b) at the time the DRO is issued, including issuance after the starting date
for the Participant's selected or defaulted form of distribution or the Pa�ticipant's death.
Any such DRO shall be subject to the same requirements and protections as any other
QDRO.
12.5 IRS Levy. Notwithstanding Sections 14.3 and 14.9, the Plan Administrator may pay from
a Participant's or Beneficiary's book entry account the amount that the Plan Administrator
finds is lawfully demanded under a levy issued by the Internal Revenue Service with
respect to that Participant or Beneficiary or is sought to be collected by the United States
Government under a judgment resulting from an unpaid tax assessment against the
Participant or Beneficiary.
12.6 Procedure When Distributee Cannot be Located. Absent any procedures from the
Investment Sponsors, the Plan Administrator shall make all reasonable attempts to
determine the identity and address of a Participant or a Participant's Beneficiary (the
"distributee") entitled to benefits under the Plan. For this purpose a reasonable attempt
means (a) the mailing by certified mail of a notice to the last known address shown on the
Employer's or Plan Administrator's records, (b) notification sent to the Social Security
Administration or the Pension Benefit Guaranty Corporation (under their program to
identify payees under retirement plans), and (c) the distributee has not responded within
six (6) months. If the Plan Administrator is unable to locate such person entitled to
benefits hereunder, or if there has been no claim has been made for such benefits, the
` Plan shall continue to hold the benefits due such person.
12.7 Payments to Minors and Incompetents. Absent any procedures from the Investment
Sponsors, if a Participant or Beneficiary entitled to receive any benefits hereunder is a
minor or is adjudged to be legally incapable of giving valid receipt and discharge for such
benefits, or is deemed so by the Plan Administrator or the Investment Sponsor, the
Investment Sponsor shall make the distribution of benefits to the Participant's or
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Beneficiary's guardian, conservator, custodian, attorney-in-fact, or to any other legal
representative adjudged to be appropriate upon receiving satisfactory evidence of such
status or a court order to that effect.
ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN
13.1 Amendment of Plan. While it is expected that this Plan will continue indefinitely, the
Employer reserves the right at any time to amend or otherwise modify the Plan without
any liability for such action. No amendment shall increase the duties or responsibilities of
any Investment Sponsor without its prior consent thereto in writing.
13.2 Termination of Plan. The Employer shall have the right at any time to terminate the
Plan. No termination shall affect the amounts already deferred under the Plan. In order
for the Plan to be considered terminated, funds deferred under the Plan must be
distributed to all Plan Participants and Beneficiaries as soon as administratively
practicable after termination of the Plan, in accordance with the terms of the Investment
Option.
ARTICLE XIV - MISCELLANEOUS
14.1 Plan Non-Contractual. Nothing contained in this Plan will be construed as a
commitment or agreement on the part of any person to continue his or her employment
with the Employer, and nothing contained in this Plan will be construed as a commitment
on the part of the Employer to continue the employment or the rate of compensation of
any person for any period, and all Employees of the Employer will remain subject to
discharge to the same extent as if the Plan had never been put into effect.
14.2 Claims of Other Persons. The provisions of the Plan will in no event be construed as
giving any Participant or any other person, firm, corporation or other legal entity, any legal
� or equitable right against the Employer, its officers, employees, directors or trustees,
except the rights as are specifically provided for in this Plan or created in accordance with
the terms and provisions of this Plan.
14.3 Non-Assignability. Except as otherwise provided in 12.4 and 12.5, the interest of each
Participant or Beneficiary under the Plan is not subject to the claims of the Participant's or
Beneficiary's creditors, and neither the Participant nor any Beneficiary shall have any
right to sell, assign, transfer, or otherwise convey the right to receive payments
hereunder or any interest under the Plan, which payments and interest are expressly
declared to be non-assignable and non-transferable.
14.4 Contracts. The terms of each Investment Option offered to Participants as an investment
option hereunder, the terms of a custodial agreement, or trust in which an Investment
Option may be held, any contract issued on behalf of a Participant, certificate issued to a
Participant, and any other written documents or instruments related to any such matters
are a part of the Plan as if fully set forth in the Plan document and the provisions of which
are hereby incorporated by reference into the Plan. In the case where there is any
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. i
inconsistency or ambiguity befinreen the terms of the Plan and those of any contract,
certificate, custodial agreement, trust, or other such document or instrument if any,
funding the Plan, the terms of the contract, certificate, custodial agreement, trust, or other
such document or instrument will control to the extent not inconsistent with the applicable
provisions of the Code and any applicable regulations issued thereunder.
14.5 Pronouns. Whenever used herein, the masculine pronoun is deemed to include the
feminine. The singular form, whenever used herein, shall mean or include the plural form
where applicable, and vice versa.
14.6 Representations. The Employer does not represent or guarantee that any particular
Federal or State income, payroll, personal property, or other tax consequence will result
from participation in this Plan. A Participant should consult with professional tax advisors
to determine the tax consequences of his or her participation. Furthermore, the Employer
does not represent or guarantee investment returns with respect to any Investment
Option and shall not be required to restore any loss which may result from such
investment or lack of investment.
14.7 Severability. This Plan document is intended to comply with the applicable provisions of
the Code, Treasury regulations, and other IRS guidance issued thereunder. To the extent
not inconsistent with Section 14.4, if any provision in this Plan document is inconsistent
therewith, the inconsistent provision shall be struck from the document and replaced with
the applicable provision from the Code, Treasury regulation, or any other applicable IRS
guidance. In addition, if a court of competent jurisdiction holds any provision of this Plan
to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be
fully effective.
14.8 Applicable Law. This Plan shall be construed in accordance with applicable Federal law
and, to the extent otherwise applicable, the laws of the State in which the Employer is
located.
14.9 Trust Fund. To the extent the trust requirements of Section 457(g)(3) of the Code are not
satisfied through one or more annuity contracts or custodial agreements satisfying the
requirements of Section 401(fl of the Code, all amounts of deferrals and contributions to
the Plan, all property and rights purchased with such amounts, and all income attributable
to such amounts, property, or rights shall be held and invested in the "Trust Fund" in
accordance with this Plan and any trust agreement. The Trust Fund, and any subtrust
established under the Plan, shall be established pursuant to a written agreement that
constitutes a valid trust under the laws of the state in which the Employer is located. The
trustee shall ensure that all investments, amounts, property, and rights held under the
Trust Fund are held for the exclusive benefit of the Participants and their Beneficiaries.
The Trust Fund shall be held in trust pursuant to a trust agreement for the exclusive
benefit of Participants and their Beneficiaries and defraying reasonable expenses of the
Plan and of the Trust Fund. It shall be impossible prior to the satisfaction of all liabilities
with respect to Participants and their Beneficiaries, for any part of the assets and income
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of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive
benefit of Participants and their Beneficiaries.
IN WITNESS WHEREOF, this Plan Document has been executed this day of
, 2015
CITY OF RENTON
By:
Printed Name:
Title:
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. !
APPENDIX B
ADOPTION AGREEMENT
FOR THE ELIGIBLE
457(b) DEFERRED COMPENSATION
PLAN OF
CITY OF RENTON,
A GOVERNMENTAL EMPLOYER
TIAA
CREF
Flnancial Services
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
• .�
1. Generallnformation
(A) Name of Governmental Employer: Citv of Renton
(B) Address of Governmental Employer: 1055 S. Gradv Wav,
Renton. WA 98057
(C) Name of Plan: Citv of Renton Deferred Compensation Plan
(D) Federal Tax ID Number of
Governmental Employer: 91-6001271
(E) Plan Administrator's Name and
Address: Maria Boaas
1055 S. Gradv Wav. Renton. WA 98057
2. Effective Date/ Restated Effective Date (Article I - Definitions)
(Select one)
(A) [ ] The Plan is a new plan. The Effective Date is
(B) [X] The Plan is a restated plan. The Restated Effective Date is 10/01/2015
The Plan's initial Effective Date was 07/01/2013
3. Plan Year (Article I - Definitions)
(Select all that apply)
Plan Year means:
A X The calendar ear.
( ) I l Y
(B) [ ] The Plan Year is a twelve (12) month period beginning on and ending on
the following .
(C) [ ] The initial Plan Year is a short Plan Year beginning on and ending on
' . Thereafter, the Plan Year will be the twelve (12) month period selected in
Box 3(A) or Box 3(B) above.
4. Definition of Compensation (Article I - Definitions)
(Please make a selection in (A) and (8))
(A) [ ] Compensation is defined as W-2 wages (including differential wage payments)
[ ] Compensation will be defined as W-2 wages exclusive of the following:
[X] Compensation will be defined as follows:
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Adoption Agreement
, �
Base Pav
(B) If so selected, this amount also includes pay for accrued bona fide sick, vacation or other
leave pay (but not severance pay). (Note: Any such pay must be paid within the later of 2 'h
months following Severance from Employment or the end of the calendar year which
includes the date of Severance from Employment.)
[X] Yes, include. If yes, select which types of accrued leave pay will apply to the Plan.
(1) [X]Accrued bona fide sick pay
(2) [X]Accrued vacation pay
(3) [X]Other accrued leave pay (describe): Differential waae navment bv reason of
aualified militarv service (within meanina of Code Section 404(u).
[ ] No, do not include.
5. Eligible Employee (Article I - Definitions)
(Select all that apply)
(A) [ ] All Employees of the Employer.
(B) [X] All Employees of the Employer, other than the following excluded Employees:
(1) [X]Leased Employees
(2) [ ] Salaried Employees
(3) ( ] Hourly Employees
(4) [X]Seasonal Employees
(5) [X]Temporary Employees
(6) [X]Independent Contractors
(7) [ ] Employees whose employment is governed by the terms of a collective
bargaining agreement between Employee representatives (within the meaning
of Code Section 7701(a)(46)) and the Employer, under which retirement
benefits were the subject of good faith bargaining.
(8) [ ] Other:
6. Contract Selection and Alternate Investment Sponsors (Article I - Definitions)
(A) Investment Options are any investments made available by either TIAA-CREF under its
contracts (including the use of TIAA-CREF or non-proprietary mutual funds) or any other
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Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement .
- J
Investment Sponsor and selected for use under this Plan by the Employer, or its designee.
The contracts that will be offered by TIAA-CREF under the Plan are: (Select all that apply)
[X] TIAA Retirement Choice Plus Annuity Contract ("TIAA RCP") and CREF Retirement
Choice Plus Annuity Contract ("CREF RCP").
[ ] TIAA Retirement Choice Annuity Contract ("TIAA RC") and a CREF Retirement Choice
Annuity Contract ("CREF RC").
[ ] TIAA Stable Value Annuity Contract ("TIAA Stable Value") in conjunction with an RC
Contract. If this option is selected, the RC Contract will also be included in the
selection.
[ ] For plans in existence prior to January 1, 2013, TIAA Group Supplemental Retirement
Annuity Contract ("TIAA GSRA") and CREF Group Supplemental Retirement Annuity
Contract ("CREF GSRA").
(B) Alternate Investment Sponsors. (Select one)
[X] No, alternate Investment Sponsors are not available under the Plan. TIAA-CREF is the
sole Investment Sponsor under the Plan.
[ ] Yes, alternate Investment Sponsors are available under the Plan. (List alternate
Investment Sponsors)
7. Normal Retirement Age (Article I - Definitions)
(Please make a selection in (A) and if applicable, (8))
(A) General Rule. Other than provided in (B), Normal Retirement Age ("NRA") can be defined as
any age that is on or after the earlier of ag2 65 or the age at which a Participant can retire
and receive an unreduced benefit under the Employer's defined benefit plan (or if there is no
defined benefit plan or if Participants cannot participate in that plan, a money purchase
pension plan in which Participants also participate), and that is not later than age 70 '/2.
Alternatively, an Eligible Plan may choose or permit participants to choose any NRA that is
within those ages.
(1) [ ] Normal Retirement Age will be age 65.
(2) [ ] Normal Retirement Age will be age .
(3) [X]Normal Retirement Age will be the age selected by each Participant.
(4) [ ] Normal Retirement Age is defined as follows:
(B) Special Rule for Participants who are Police or Firefighters. Those Participants may
substitute age 40 for age 65 for the rules in (A).
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Adoption Agreement
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(1) [ ] Normal Ret'irement Age will be age 40.
(2) [ ] Normal Retirement Age will be age .
(3) [X]Normal Retirement Age will be the age selected by each Participant.
(4) [ ] Normal Retirement Age is defined as follows: i
8. Annual Deferrals (Section 3.1) ,
(Select one) ',
(A) [X] Annual Deferrals may be made to the Plan up to the maximum amount permitted by I
law. ',
(B) [ ] Annual Deferrals may be made to the Plan up to a maximum amount equal to
provided that in no event may such deferrals exceed the maximum amount
permitted by law.
(C) [ ] Annual Deferrals may only be made to this Plan up to the maximum permitted by law
after maximizing Elective Deferrals to the Employer's 403(b) plan.
(D) [ ] Annual Deferrals may not be made to the Plan.
9. Roth Elective Deferrals (Article X)
(Select one)
(A) [X] Roth Elective Deferrals may be made to the Plan up to the maximum amount permitted
by law.
(B) [ ] Roth Elective Deferrals may be made to the Plan up to a maximum amount equal to
, provided that in no event may such deferrals exceed the maximum
amount permitted by law. �
(C) [ ] Roth Elective Deferrals may only be made to this Plan up to the maximum permitted by
law after maximizing Elective Deferrals to the Employer's 403(b) plan.
(D) [ ] Roth Elective Deferrals may not be made to the Plan.
10.Deferral of Special Pay (Section 3.3)
(Se/ect one) '
If selected below, a Participant may elect to defer accumulated sick pay, accumulated vacation
pay and other leave pay provided that in no event shall such deferrals to the Plan exceed the �
maximum amount permitted by law. i
[X] Yes, apply. (Question 4.(B) must also be checked, Yes.)
[ ] No, do not apply.
4
TIAA-CREF Financial Services OO
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
• �
11.Age 50 Catch-up Contributions (Section 3.7(c))
(Select one)
If selected below, age 50 catch-up contributions may be made to the Plan up to the maximum
amount permitted by law.
(X] Yes, apply.
[ ] No, do not apply.
12.Special Section 457 Catch-up Limitation (Section 3.7(b))
(Select one)
If selected below, the special Section 457 catch-up contributions may be made to the Plan up to
the maximum amount permitted by law.
[X] Yes, apply.
[ ] No, do not apply.
13.Employer Non-Elective Contributions (Section 3.5)
Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer
to the Plan and in no event shall the combined total of Participant and Employer contributions
exceed the maximum amount permitted by law.
(Select one)
[ ] The Employer will make non-elective contributions to the Plan on behalf of all Active
Participants in an amount equal to % of the Participant's Compensation.
[X] The Employer will make non-elective contributions to the Plan as follows (include a
description of the class(es) of Active Participants receiving the contribution and the amount
or if the contribution will be discretionary and only made to certain Active Participants as
designated by the Employer in its discretion):
Discretionarv amount declared bv Emplover
[ ] The Employer will not make any non-elective contributions to the Plan.
14.Employer Matching Contributions (Section 3.6) .
Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer
to the Plan and in no event shall the combined total of Participant and Employer contributions
exceed the maximum amount permitted by law.
(Select one)
(A) [ ] The Employer will make matching contributions to the Plan on behalf of Active
Participants who make an Annual Deferral pursuant to a Deferred Compensation
Agreement in an amount equal to % of the Participant's Compensation that is
5
TIAA-CREF Financial Services O
Govemmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
• �
contributed to the Plan for the Plan Year.
(B) [ ] The Employer will make matching contributions to the Plan on behalf of Active
Participants who make an Annual Deferral pursuant to a Deferred Compensation
Agreement in an amount equal to % of the first % of the Participant's
Compensation that is contributed to the Plan for the Plan Year.
(C) [ ] The Employer will make matching contributions to the Plan as follows (include a
description of the class(es) of Active Participants receiving the contribution and the
amount or if the contribution will be discretionary and only made to certain Active
Participants as designated by the Employer in its discretion):
(D) [X] The Employer will not make any matching contributions to the Plan.
15.Plan-to-Plan Transfers to the Plan (Section 3.9)
(Select one)
Please note that, in general, direct plan-to-plan transfers to the Plan can only be made from
another Eligible Governmental 457(b) Deferred Compensation Plan and if the Participant is an
Eligible Employee of the Employer. No transfers to the Plan can be made by a Beneficiary.
(A) [X] Direct transfers may be made to the Plan from another Eligible Governmental 457(b)
Deferred Compensation Plan to the extent permitted by law.
(B) [ ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b)
Deferred Compensation Plan, subject to the following limitations:
(C) [ ] Direct transfers may not be made to this Plan.
16.Plan-to-Plan Transfers from the Plan (Section 8.1)
(Select one)
Please note that, in general, direct plan-to-plan transfers from the Plan can only be made to
another Eligible governmental 457(b) Deferred Compensation Plan following the Participant's
Severance from Employment with the employer that maintained the transferor plan unless the
transfer is with respect to a Participant's Beneficiary.
(A) [X] Direct transfers from the Plan may be made to another Eligible Governmental 457(b)
Deferred Compensation Plan to the extent permitted by law.
(B) [ ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b)
Deferred Compensation Plan, subject to the following limitations:
(C) [ ] Direct transfers from the Plan may not be made.
17.Transfers to Purchase Service Credits (Section 8.2)
(Select one)
6
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
• .i
If selected below, a Participant may request a transfer from this Plan to a defined benefit
governmental plan to purchase service credit.
[X] Yes, apply.
[ ] No, do not apply.
18.Rollover Contributions (Section 3.10)
(Select one)
Note: An Eligible Governmental 457(b) Deferred Compensation Plan cannot accept rollovers of
after-tax funds from another plan. If Roth Elective Deferrals are elected, an Eligible Governmental
457(b) Deferred Compensation Plan can accept rollovers of Roth Elective Deferrals from another
Eligible Governmental 457(b) Deferred Compensation Plan, or as otherwise permitted under the
Code.
(A) [X] Rollovers to the Plan, including rollovers of Roth Elective Deferrals, are permitted to the
extent permitted by law.
(B) [ ] Rollovers to the Plan, excluding rollovers of Roth Elective Deferrals, are permitted to the
extent permitted by law.
(C) [ ] Rollovers to the Plan are not permitted.
19.In-Service Distribution at Age 70 '/Z (Section 5.1(a)) ,
(Se/ect one) !
If selected below, a Participant may receive a distribution of all or a portion of his or her benefit �
upon attainment of age 70 '/ prior to Severance from Employment.
[X] Yes, apply.
[ ] No, do not apply.
20.Unforeseeable Emergency (Section 5.5)
(Select one)
If selected below, a Participant may receive a distribution due to Unforeseeable Emergency prior
to Severance from Employment.
(A) [X] Yes, apply. If"Yes" is selected, please select who will be making the determination
approving an Unforeseeable Emergency:
(1) [X]Employer/Plan Administrator
(2) [ ] Other Investment Sponsor/Third Party Administrator (name):
� 7
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
• �
(3) [ ] TIAA-CREF (only Employers with prior approval may elect this option)
(B) [ ] No, do not apply.
21.Small Balance In-service Distribution (Section 5.2)
(Select one) -
If selected below, a Participant may receive an in-service distribution of all or a part of his or her
benefit if the total amount of the Participant's benefit is less than $5,000 (or the dollar limit under
Section 411(a)(11) of the Code) and the requirements of Section 5.2 of the Plan are satisfied.
[X] Yes, apply.
[ ] No, do not apply.
22.Small Balance Distributions (Section 5.4)
(Please select an option from (A) and(8))
(A) If selected below, small balance distributions of Account Balances of$1,000 or less will be
permitted.
[X] Yes, apply.
[ ] No, do not apply.
(B) If selected below, small balance distributions of Account Balances of$5,000 or less will be
distributed pursuant to Section 5.4, if permitted by an Investment Option.
[X] Yes, apply.
[ ] No, do not apply.
If small balance distributions are permitted, the Account Balance threshold will be determined by
including that portion of the Participant's Account Balance that is attributable to rollover
contributions (and earnings allocable thereto).
23.Special Severance from Employment Definition for Independent Contractors (Section
5.1(c)(2))
(Select one)
The special definition of"Severance from Employment" contained in Section 5.1(c)(2) of the Plan
will be applied to all Participants classified as independent contractors if selected below.
[ ] Yes, apply.
[X] No, do not apply.
8
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
. �
24.Special Payment Date Restrictions for Independent Contractors (Section 5.1(b))
(Select one)
If selected below, the special payment date restrictions for independent contractors contained in
Section 5.1(b) will be applied.
[ ] Yes, apply.
[X] No, do not apply.
25.Loans (Section 9.1)
(Select one)
If selected below, a Participant will be permitted to receive a loan from the Plan.
[ ] Yes, apply.
[X] No, do not apply.
26.Qualified Domestic Relations Orders (Section 12.4)
(Select one)
If selected below, distributions pursuant to Qualified Domestic Relations Orders will be permitted
under the Plan.
[X] Yes, apply.
[ ] No, do not apply.
27.Special Considerations Relating to Military Service (Section 5.1(d))
(Please make a selection in (A), (8), and (C))
(A) Participants who have died or became Disabled while performing qualified military service
shall be treated as if they returned to employment the day preceding the date of death or
Disability and had a Severance from Employment on the date of death or Disability.
(Select one)
[X] Yes, apply to both deceased and Disabled Participants.
Yes, a I to deceased Partici ants.
i L l pp Y P
[ ] No, do not apply.
(B) Deemed Severance from Employment. If elected below, Participants who have been called
to active duty for thirty (30) or more days will be deemed as having a Severance from
Em lo ment for ur oses of receivin a distribution under the Plan. An distribution under
r v � � � v
this Section 5.1(d) requires a suspension of Annual Deferrals under the Plan for six (6)
months.
9
TIAA-CREF Financial Services O
, Governmental 457 b Deferred Com ensation Plan 6/2013
� ) P
Ado tion A reement
P 9
. �
(Select one) �
[X] Yes, apply.
[ ] No, do not apply.
(C) Credit for Benefit Accruals for Deceased Participants. If elected below, Participants who die
while performing qualified military service will be credited with service to the Employer for
the period of qualified military service. Any Employer contributions made to the Plan for
these Participants will comply with Section 401(a)(37) of the Code.
(Select one)
[X] Yes, apply.
( ] No, do not apply.
By executing this Adoption Agreement, the Employer adopts the 457(b) Deferred Compensation Plan
described herein and in the Plan document. The selections and specifications contained in this
Adoption Agreement together with the terms, provisions and conditions provided in the Plan
document constitute the Plan.
It is understood that TIAA-CREF is not a party to the Plan and shall not be responsible for any tax or
legal aspects of the Plan. The Employer assumes responsibility for these matters.
The Employer acknowledges that it has counseled, to the extent necessary, with its attorney or other
tax advisor. The obligations of the Investment Sponsors shall be governed solely by the provisions of
its contracts and policies. TIAA-CREF shall not be required to inquire into any action taken by the
Employer or the Plan Administrator and shall be fully protected in taking, permitting or omitting any
action on the basis of the actions of the Employer or the Plan Administrator. TIAA-CREF shall incur
no liability or responsibility for carrying out actions as directed by the Employer or the Plan
Administrator.
The provisions you select in completing this Adoption Agreement will apply to your Plan as if they
were set forth in the Plan document. In completing this Adoption Agreement, you are urged to consult
with your attorney or tax advisor. TIAA-CREF does not and cannot provide legal or tax advice. Failure
to properly fill out the Adoption Agreement may result in the failure of your Plan to satisfy the
requirements of an eligible deferred compensation plan under Section 457(b) of the Internal Revenue
Code of 1986, as amended.
10
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
• ,�
IN WITNESS WHEREOF, this Adoption Agreement has been executed this day of
, 2015.
Employer: Citv of Renton
By:
Printed Name:
Title:
V4.02-4.02
11
TIAA-CREF Financial Services O
Governmental 457(b) Deferred Compensation Plan 6/2013
Adoption Agreement
APPENDIX C AGENDA ITEM # 7. b)
CITY OF RENTON 457 (b) PLAN
CLAIMS AND APPEAL PROCEDURES
AND LIMITATION PERIOD
The following sets forth the benefit claims and appeal procedures, limitation periods, and amendment
authority under the 457 (b) Deferred Compensation Plan of City of Renton, a governmental employer
("the Plan"). This document is an amendment to the Plan and shall be attached as an Appendix to the
Plan.
Initial Claim
If you are entitled to benefits under the Plan, you need to make a claim to the Plan recordkeeper ',
(currently TIAA-CREF) in order to receive your benefits. However, if you disagree with the information or ',
computations in connection with any of your benefits, or if you disagree with the information
concerning your eligibility or any other issues, such as investments or expenses,you must make a claim
to the Benefits Manager for the City of Renton ("Plan Administrator"). The Plan Administrator has the
sole discretion to decide all issues of fact or law. Any decision by the Plan Administrator that does not '
constitute an abuse of discretion must be upheld by a court of law.
If you make a claim, that claim should be in the form of a letter stating why you disagree and should
include all facts and information you want the Plan Administrator to consider. You will be advised of the
acceptance or rejection of your claim within 90 days after your claim is received, unless special
circumstances require an extension of time for processing the claim. If the Plan Administrator requires ',
an extension, written notice of the extension will be furnished to you prior to the end of the initial 90-
day period.The extension will not exceed an additional period of 90 days.The extension notice from the
Plan Administrator will state the reason requiring the extension of time and the date by which the Plan
Administrator expects to make a final decision.
If your claim is denied, it must be denied in writing and the denial must state in detail the specific
reasons for the denial, the specific Plan provision s upon which the denial is based, any additional
material or information which you may provide which would entitle you to the benefits you claim, and '
an explanation of why such material or information is necessary.The notice of denial must also explain
the steps to be taken if you or your beneficiary wishes to submit a claim for review.
Request for Review of Denied Claim
If you choose to submit a claim for review by the Plan Administrator,then within 60 days after the date
your claim is denied, you or your authorized representative must make a written request to the Plan
Administrator for review. Your request for review of your denied claim should include a statement of
the reasons your claim should be allowed.
You or your representative may examine any documents the Plan Administrator has in its files that will
be used in reaching a decision, and you may also submit additional written comments to the Plan
Administrator that support your claim.
The Plan Administrator will advise you of its decision in writing within 60 days following receipt of your
request for review, unless special circumstances require an extension of time for processing. If an
extension is necessary, a decision will be made as soon as possible, but not later than 120 days after the
Plan Administrator receives your request for review.
DWT 23603513v4 0017572-000050
AGENDA I TEM # 7. b)
If an extension of time for review is required, written notice of the extension and the Plan
Administrator's reasons for needing more time will be furnished to you prior to the commencement of
the extension.The decision of review will be in writing and will include specific reasons for the decision,
as well as specific references to the plan provisions upon which the decision is based.The decision of the
Plan Administrator will be final and will be subject to no further appeal or review. Any decision by the
Plan Administrator that does not constitute an abuse of discretion must be uphe�d by a court of law.
Limitation Period:Venue
Effective January 1, 2015, claims under this Plan ("Plan Claim") must be filed with the appropriate court,
after exhausting administrative remedies, within three years from the accrual of the cause of action. A
Plan Claim will accrue, hereunder, when the claimant knows, or with reasonable diligence should have
known, of the underlying facts giving rise to the claim, regardless of whether claimant is aware of the
legal significance of such facts. Notwithstanding the foregoing, a Plan Claim will accrue at an earlier
point in time when there has been a clear repudiation of the Plan Claim by the Employer, the Plan
Administrator, the Retirement Plan Committee or an agent thereof. For example, a claim involving
eligibility under will accrue as of the date the employee first became eligible or was first excluded from
eligibility under the Plan. A claim involving service or compensation will accrue as of the first day that
the employee was aware or should have been aware (for example, by examination of any participant or
employee statement or report)of an error involving the service,compensation,or pay.A claim involving
an investment return or expense will accrue on the first day that the employee was aware or should
have been aware (for example, by examination of the material on the Plan's web site or on a
Participant's statement) of the investment return or expense.
An employee or participant must timely exhaust his or her administrative remedies under the Plan
before timely seeking a judicial remedy. If, as of the effective date of this notice, the limitation period
has started to run, but has not run in its entirety as of the date of this amendment, an employee or
participant shall have the greater of: (i) the limitation periods set forth above, or (ii) six months from
the effective date of this amendment, to file an administrative claim, and six months after the final
decision on such administrative claim to seek judicial review, or if an administrative claim is currently
pending, the claimant must seek judicial review within six months after the final decision on such
administrative claim.
Venue for any lawsuit under this Plan is expressly limited to Western Washington State. �
Amendment Authority
The Plan may be amended by either the Employer or the Retirement Plan Committee. Administrative ',
amendments, i.e. amendments required by a change in law, may be made by the Plan Administrator. I
Dated: , 2015
CITY OF RENTON
By:
, Title:
Effective Date of Notice: January 1, 2015
DWT 23603513v4 0017572-000050
AGENDA /TEM # 7. c)
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHlNGTON, AUtHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO FOUR (4) INTERLOCAL AGREEMENT5
WITH WSDOT REGARDING THE I-405/I-5 TO SR-169 STAGE 2 WIDENING AND
SR-515 INTERCHANGE PROIECT.
WHEREAS, the City and the Washington State Department of Transportation (WSDOT)
are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into
interlocal government cooperative agreements; and
- - n r han e
WHEREAS the WSDOT I-405 I-5 to SR 169 Sta e 2 Widenin and SR 515 I te c
, / g g �
project began in 2008; and
WHEREAS, WSDOT constructed improvements to SR-515 (Talbot Road Southj and South
Renton Village Place, within limited access right-of-way, including two �2) state-owned
luminaries to be maintained by the City; and
WHEREAS, WSDOT reconstructed a portion of Benson Road to mitigate stormwater
impacts from improvements on state-owned limited access right-of-way, and the City allowed
WSDOT to treat runoff from City streets; and
WHEREAS,the City requested and WSQOT constructed landscape strips along both sides
of SR-515 (Talbot Road South) along with stormwater facilities as part of the project; and
WHEREAS, WSDOT acquired the rights to a portion of Benson Road in order to
reconstruct it as part of the I-405 Stage 2 project;and
WHEREAS, upon completion of the I-405 Stage 2 project, the rights to that certain
portion of Benson Road shall be transferred back to the City;and
1
AGENDA ITEM # 7, c)
RESOLUTION N0.
WHEREAS, it is necessary to document the terms and conditions of the operation and
maintenance of the two (2) state-owned luminaries; the maintenance of the various landscape
strips and stormwater facilities; and the ownership, operation and maintenance of the Benson
Road right-of-way transferred back to the City;
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 the
following four(4) interlocal agreements with WSDOT:
1. City and State Operation and Maintenance of State-Owned and City-Owned
Luminaires;
2. General Maintenance Agreement Benson Road;
3. General Maintenance Agreement for Maintenance of SR-515 landscape Strips
and Stormwater Facilities; and
4. Turnback Agreement(Construction Completed),
and all subsequent addenda, amendments, supplements and/or future agreements regarding
these projects that do not materially change the terms of the agreement and are without
budget parameters.
PASSED BY THE CITY COUNCIL this day of ,2015.
Jason A. Seth, City Clerk
2
AGENDA ITEM # 7, c)
RESOLUTION NO.
APPROVED BY THE MAYOR this day of ,2015.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1687:11/5/15:scr
3 ,
AGENDA /TEM # 7, d)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A
PORTION OF RIGHT-OF-WAY IN THE VICINITY OF 300 RAINIER AVENUE NORTH
(VAC 15-003).
WHEREAS, a proper petition for vacating a portion of right-of-way in the vicinity of 300
Rainier Avenue North, was filed with the City Clerk on or about September 18, 2015, and that
petition was signed by 100%of the owners of the property abutting upon the portion of right-of-
way to be vacated; and
WHEREAS, the City Council, by Resolution No. 4266, passed on October 26, 2015, set
the 16th day of November, 2015, at the hour of 7:00 p.m. in the City Council Chambers of the
City of Renton as the time and place for a public hearing on this matter; and the City Clerk
having given proper notice of this hearing as provided by law, and all persons having been
heard who appeared to testify in favor or in opposition on this matter, and the City Council
having considered all information and arguments presented to it; and
WHEREAS, the Administrator of the Public Works Department has considered this
petition for vacation, and has found it to be in the public interest and for the public benefit, and
that no injury or damage to any person or properties will result from this vacation;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The following described portion of right-of-way in the vicinity of 300
Rainier Avenue North to wit:
1
AGENDA ITEM # 7, d)
ORDINANCE N0.
See Exhibit A attached hereto and made a part hereof as if fully set forth
herein
is hereby vacated.
SECTION II. As this is a City of Renton initiated street vacation, the City Council
hereby elects to waive all fees and compensation.
SECTION III. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
A certified copy of this ordinance shall be filed with the King County Recorder's Office,
and as otherwise provided by law.
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 1.Warren, City Attorney
Date of Publication:
ORD.1895:11/12/15:scr
2
AGENDA /TEM # 7, d)
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AGENDA ITEM # 7, e)
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-220, PROPERTY TAX EXEMPTION FOR MUtTI-FAMILY HOUSING IN .
RESIDEN7IAL TARGETED AREAS, OF CHAPTER 1, ADMINISTRATION AND
ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON
MUNICIPAL CODE, BY EXTENDING THE PROPERTY TAX EXEMPTION.
WHEREAS, on December 22, 2003, the Renton City Council approved Ordinance No.
5061 (codified in RMC 4-1-220) to establish a limited property tax exemption to encourage
multi-family housing development in designated residential targeted areas; and I
WHEREAS, the property tax exemption will sunset on December 31, 2015, unless I
extended by City Council action; and II
WHEREAS, the provisions of Section 4-1-220, Property Tax Exemption for Multi-Family
Housing in Residential Targeted Areas, have been successful in encouraging increased
residential opportunities and in stimulating new construction of multi-family housing in
residential targeted areas; and
WHEREAS, the existing purpose and applicability of the property tax exemption will
remain the same; and
WHEREAS, the City seeks to amend RMC 4-1-220 to extend the property tax exemption
to encourage additional future multi-fami{y housing projects in the residential targeted areas;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
1
AGENDA ITEM # 7, e)
ORDINANCE N0.
SECTION I. Subsection 4-1-220.M, Sunset of Exemption for Applications for
Conditional Certificates,of Chapter 1, Administration and Enforcement, of Title IV
(Development Regulations) of the Renton Municipal Code, is hereby amended as follows:
M. SUNSET OF EXEMPTION FOR APPLICATiONS FOR CONDITIONAL
CERTIFICATES:
The City shall not accept new applications for conditional certificates as
provided in RMC 4-1-220_E after the close of business on December 31, ��
2018, unless extended by City Council action. The City shall process (1) pending
complete applications for a conditional certificate submitted before the close of
business on December 31, �5 2018, and (2) applications for an extension of
the conditional certificate and/or a final certificate received after the close of
business on December 31, �5 2018, as provided in subsections D through J of
this Section. Subsections C and J through L^{'":< <^^•:^^ shall continue to apply
to all properties that have been or are issued a #inal certificate of tax exemption
under RMC 4-1-220 until expiration, termination or cancellatian of the tax
exemption.
Incomplete applications for canditional certificates as of the close of business
on December 31, ��2018, shall be denied and/or returned to owners.
SECTION 11. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
2
AGENDA /TEM # 7. e)
ORDINANCE NO.
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
Date of Publication:
ORD:1893:11/3/15:scr
3
AGENDA /TEM # 7. fl
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-210, WAIVED FEES, OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT,
OF TITIE IV(DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE,
BY EXTENDING THE WAIVER OF CERTAIN DEVEIOPMENT AND MITIGATION
FEES.
WHEREAS, on August 27, 2001, the Renton City Council approved Ordinance No. 4913
(codified in RMC 4-1-210.6) to allow certain developmen# and mitigation fees for housing that
is for sale to be waived to encourage new owner-occupied housing in Downtown Renton;and '
WHEREAS, on February 1, 2010,the City Council approved Ordinance No. 5524 (codified '
in RMC 4-1-210.6) to allow certain development and mitigation fees for housing that is for sale ,
to be waived to encourage new owner-occupied housing in the Sunset Area; and
WHEREAS, on August 1, 2011, the City Council approved Ordinance No. 5617 (codified
in RMC 4-1-210.C) to allow certain development and mitigation fees for rentaf housing to be
waived to encourage new multi-family rental housing in the Sunset Area; and
WHEREAS, these development and mitigation fee waivers will sunset on December 31,
2015, unless extended by City Council action; and
WHEREAS, the provisions of Subsection 4-1-210.6, Owner-Occupied Housing Incentive,
and Subsection 4-1-210.C, Rental Housing Incentive, have been successful in encouraging
increased residential opportunities and in stimulating new construction of multi-family housing
in Downtown Renton and the Sunset Area; and
WHEREAS, the existing purpose and applicability of the development and mitigation fee
waivers will remain the same; and
1
A GENDA I TEM # 7, t�
ORDINANCE N0.
WHEREAS, the City seeks to amend RMC 4-1-210.8 and 4-1-21Q.0 to extend the
development and mitigation fee waivers to encourage additional new owner-occupied housing
in Downtown Renton and the Sunset Area and additional new rental housing in the Sunset
Area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Subsection 4-1-210.B.8, Effective Date and Sunset, of Chapter 1,
Administration and Enforcement, of Title IV (Development Regulations) of the Renton
Municipal Code, is hereby amended as follows:
8. Effective Date and Sunset: These fee waivers are effective for
building permits issued afte� August 13, 2001, and will sunset at the close of
business on December 31,�2018, unless extended by City Council action.
SECTION I1. Subsection 4-1-210.C.8, Effective Date and Sunset, of Chapter 1,
Administration and Enforcement, of Title IV (Development Regulations) of the Renton
Municipal Code, is hereby amended as follows:
8. Effective Date and Sunset: These fee waivers are effective for
building permits issued after September 5, 2011, and will sunset at the close of
business on December 31,�2018, unless extended by City Council action. "
SECTION lII. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
2
AGENDA ITEM # 7. fl
ORDINANCE 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
Date of Publication:
ORD:1894:11/3/15:scr
3
�
� CITY OF
EXECUTIVE DEPARTMENT ______,,,iRentan �
M E M O R A N D U M
DATE: December 7, 2015 ',
TO: Ed Prince, Council President �
Members of the Renton City Council
FROM: Denis law, Mayor
Jay Covington, Chief Administrative Officer
SUBJECT: Administrative Report
In addition to our day-to-day activities, the following are some items worthy of note for this
week:
• Preventative street maintenance, traffic impact projects, and road closures will be at the
following locations:
✓ Monday, December 7th through Friday, December 11th, approximately 8:00 a.m. to
3:00 p.m. Westbound lane closure on 156thAvenue SE, between SE 144th Street and SE
6th Street,for utilities installation. Questions may be directed to Mark Wetherbee at
206-999-1829.
✓ Monday, December 7th through Friday, December 11th, approximatety 8:00 a.m, to
5:00 p.m. The two east lanes on Main between 2nd and 3rd will be closed for water
main improvements while the west lane will be open for traffic flow. Questions can be
directed to on-site inspector Pat Miller at 206-794-6162.
✓ Monday, December 7th through Friday, December 11th, approximately 8:OOam to
S:OOpm. Lane closures on Talbot Road due to work being performed on the detention
vault and water main testing for the Talbot and 55th Plat. Questions can be directed to
Todd Freih, 425-999-1832.
✓ Monday, December 7th through Tuesday, December 15th,approximately 7 a.m.to
5 p.m. Intermittent lane closures both directions of Chelan Avenue SE between SE 2nd
Place and SE 4th Place so that crews can install storm drainage pipe and structures.
Questions may be directed to Utility Civil Engineer Allen Quynn at 425-430-7247.
✓ Monday, December 7th through approximately August 31, 2016. Logan Avenue North
between N 6th St and Airport Way will be closed 24/7 to all southbound traffic during
construction of the Logan Ave Improvement Project. Southbound Logan Ave N traffic
will be rerouted along Park Ave N to Bronson Way and S 2nd St. Questions may be
directed to lames Wilhoit at 425-430-7319 or via email at jwilhoit@rentonwa.gov. For
updates visit the project web page at http://rentonwa.�ov/livin�/default.aspx?id=8026.
Agenda Item No.: � I
RENTON CITY COUNCIL MEETING
AUDIENCE COMMENT
SIGN-UP SHEET I
(Page 1) I
CITIZENS MUST PROVIDE NAME AND ADDRESS IN ORDER TO BE CONTACTED OR TO BE I�
A PARTY OF RECORD WHEN APPROPRIATE '�,
DATE: ,.� I � �b`� PLEASE PRINT 5 Minute Time Limit I�
1 5 i
Name��l � f/li► �� Name: I
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Address:�(QD- Address:
City:�a'A''�;�-� Zip Code: City: Zip Code:
Email: Email: /
Topic�'����gS��p�G�— Topic: /
2 6
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3 7
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City Zip Code: City: Zip Code:
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(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 de:
Email: Email:
Topic: Topic: /
10 14
Name: Name:
Address: �� A ress:
City: Zip Co : / City: Zip Code: I
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: I
Email: Email:
Topic: Topic:
APPROVED �Y
TRANSPORTATION/AVIATION COMMITTEE CITY COUNCIL
COMMITTEE REPORT
Dat� �Z `Z
December 7, 2015
CAG-12-008, Supplemental Agreement No. 4 - Coast & Harbor Engineering: Seaplane Base
Dredging & Shoreline Mitigation Project
(November 16, 2015)
The Transportation/Aviation Committee recommends concurrence in the staff
recommendation to approve Supplemental Agreement No. 4 to CAG-12-008 with Coast &
Harbor Engineering for the Seaplane Base Dredging & Shoreline Mitigation Project and to
amend the Maintenance & Shoreline Mitigation CIP fund (422.725080.016.594.46.63.000) by
transferring $40,000 from the Airport ending fund balance. The transfer will be included as
part of the 2015 carry forward budget adjustment.
i��LZ%l'�`CSL //
Marcie Palmer,Chair
� �o�- �� '��✓►r{�C� _
Ruth Perez, Vice Chair
6'�
Don Persson, Member �
Cc: Susan Campbell-Hehr,Secretary II—Airport
Heather Ulit,Administrative Secretary I-Transportation
H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\Ol Tasks\Agenda Bills\2015 Agenda Bills\Ag bill-Suppl
No.4 Coast&Harbor
APPR���n ��
TRANSPORTATION (AVIATION) COMMITTEE CITY COUrICIL
COMMITTEE REPORT �a,�� `Z �
December 7, 2015
I-405/I-5 to SR 169 Stage 2 Widening and SR 515 Interchange Project Agreements with the
Washington State Department of Transportation
(November 23, 2015)
The Transportation (Aviation) Committee recommends concurrence in the staff
recommendation to adopt the Resolution authorizing the Mayor and City Clerk to execute the
following agreements with the Washington State Department of Transportation to assume
ownership and responsibility of operation and maintenance of portions of rights-of-way,
landscaping and stormwater facilities that are related to the I-405/I-5 to SR 169 Stage 2
Widening and SR 515 Interchange Project.
1. City and State Operation and Maintenance of State-Owned and City-Owned Luminaires
2. General Maintenance Agreement Benson Road
3. General Maintenance Agreement for Maintenance of SR 515 Landscape Strips and
Stormwater Facilities
4. Turnback Agreement (Construction Completed)
The Committee further recommends adopting the related resolution. I
�l,lLx�lf'.(� l'G�
Marcie Palmer, Chair
-- � ' ��,y��..
04- � ;��
Ruth Perez, Vice Chair
I O��
Don Persson Member
.
cc: Jim Seitz,Transportation Planning and Programming Manager
Heather Ulit,Administrative Secretary I-Transportation
Q:\COUNCIL\Council Committee Report Drafts\Transp Comm Pending\4 WSDOT Agreements.doc
FINANCE COMMITTEE REPORT
APPR�vENCIL
December 7, 2015 C��( C�U
D
atz �Z � I�
APPROVAL OF CLAIMS AND PAYROLL VOUCHERS
The Finance Committee approves for payment on December 7, 2015 claims vouchers 343127 —
343470, 4 wire transfers and 1 payroll run with benefit withholding payments totaling
$5,561,234.15 and payroll vouchers intluding 750 direct deposits and 47 payroll checks totaling
$1,625,368.58.
�'
Don Persson, Chair
Nu�- �N ����(,�►�1C�
Greg Taylor, Vice-Chair
Ar n Pavone, Member
STAFF RECAP
COUNCIL MEETING REFERRALS
12/7/2015
MOTIONS REFERRED TO ADMINISTRATION: None.
Other Reauests: Item 7.f., regarding 2016 Legislative Priorities, was removed from the Consent
Agenda for additional review. It was requested that this item be placed on the next agenda
(12/14/15). -Shridhar
MOTIONS REFERRED TO COUNCIL COMMITTEE: None*
r�""" ----
� CITY OF
� � �
MINUTES ,
City Council Regular Meeting ��
7:00 PM-Monday,December 7,2015
Council Chambers, 7th Floor,City Hall—1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ed Prince,Council President
Randy Corman
Armondo Pavone
Ruth Perez
Don Persson
Marcie Palmer
Greg Taylor
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Lawrence J. Warren, City Attorney
Jason Seth,City Clerk
Chip Vincent,Community&Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Angie Mathias,Senior Planner
Chief Mark Peterson, Fire& Emergency Services Department
Deputy Chief Erik Wallgren, Fire&Emergency Services Department
Commander Dave Leibman, Police Department
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 2015 and beyond. Items noted were regarding:
• Preventative street maintenance will continue to impact traffic and result in occasional
street closures.
December 7, 2015 REGULAR COUNCIL MEETING MINUTES
AUDIENCE COMMENT
Joleen Allen Staats,Seattle,addressed Council about her concerns regarding the presence of a
number of homeless people in Renton,and requested that the bus stop,outside of the
Walgreens store located at 275 Rainier Ave.S, be moved.
Council and Mayor Law clarified that while homelessness is a serious issue throughout the
country, it is best to avoid stereotyping all homeless people as criminals, and encouraged the
public to contact 911 if they notice criminal activity.
CONSENT AGENDA
Items listed on the consent agenda were adopted with one motion,following the listing.At the request
of Councilmember Persson, Consent Agenda item 7.f. was pulled for separate consideration.
a) Approval of 11/23/2015 Council meeting minutes. Council concur.
b) City Clerk submitted the 11/3/2015 General Election certification from King County Records
and Elections. None;information only.
c) Administrative Services Department requested authorization to hire a System Analyst at Step
D of salary grade a21, effective upon start date. Council concur.
d) Community&Economic Development Department recommended approval of a contract in
an amount not to exceed $100,000 with Reid Middleton, Inc.to review structural plans
through 12/31/2016.Council concur.
e) Community Services Department requested approval of an interlocal agreement(ILA)with
King County to extend the original ILA regarding the Soos Creek Trail for an additional five
years and to provide clarifying language. Council concur. (See below for resolution.J
g) Fire&Emergency Services Department recommended approving the joint resolution with
King County Fire District#25 regarding the submission of a proposition to qualified electors of
the City and District to form a Regional Fire Protection Service Authority effective 7/1/2016.
Council concur;set public hearing on 12/14/2015.
h) Human Resources/Risk Management Department recommended approval of actions taken
to update the City's 457(b) Plan documents including the City of Renton/TIAA-CREF Plan
Document,Adoption Agreement,and Claims and Appeals Procedures. Council concur.
(See below for resolution.J
i) Utility Systems Division recommended approval of a Construction Agreement with Century
Link to redesign the new storm system in SW 7th St. in exchange for Centurylink payment of
approximately$190,026 for the redesign work and additional construction materials. Council
concur.
j) Utility Systems Division recommended approval of a grant agreement with Washington State
Department of Ecology to accept up to$50,000 between 2015-2017 for Surface Water Utility
implementation requirements associated with the Western Washington Phase II Municipal
Stormwater Permit.Council concur.
k) Utility Systems Division requested authorization to finalize the SE 165th St. Sanitary Sewer
Extension Special Assessment District in the amount of$13,000. Refer to Utilities Committee.
MOVED BY PRINCE,SECONDED BY CORMAN,COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 7.F.CARRIED.
DECEMBER 7, 2015 REGULAR COUNCIL MEETING MINUTES 2
ITEM 7.F.-SEPERATE CONSIDERATION
f) Executive Department recommends adopting the 2016 State Legislative Priorities.This item
was pulled from the agenda.Councilmember Persson requested the item be placed on the
next agenda to provide additional time to review the recommendation.
UNFINISHED BUSINE55 ,
a) Finance Committee Chair Persson presented a report approving for payment on December 7, I
2015 claims vouchers 343127-343470,four wire transfers and one payroll run with benefit
withholding payments totaling$5,561,234.15 and payroll vouchers including 750 direct deposits
and 47 payroll checks totaling$1,625,368.58.
MOVED BY PERSSON,SECONDED BY PAVONE,COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION.CARRIED.
b) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendation to approve Supplemental Agreement No.4 to CAG-12-008 with Coast&
Harbor Engineering for the Seaplane Base Dredging&Shoreline Mitigation Project and to amend
the Maintenance&Shoreline Mitigation CIP fund (422.725080.016.594.46.63.000) by
transferring$40,000 from the Airport ending fund balance. The transfer will be included as part
of the 2015 carry forward budget adjustment.
MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
c) Transportation Committee Chair Palmer presented a report recommending concurrence in the
staff recommendation to adopt the Resolution authorizing the Mayor and City Clerk to execute
the following agreements with the Washington State Department of Transportation to assume
ownership and responsibility of operation and maintenance of portions of rights-of-way,
landscaping and stormwater facilities that are related to the I-405/I-5 to SR 169 Stage 2 Widening
and SR 515 Interchange Project:
1. City and State Operation and Maintenance of State-Owned and City-Owned Luminaires.
2. General Maintenance Agreement Benson Road.
3. General Maintenance Agreement for Maintenance of SR 515 Landscape Strips and
Stormwater Facilities.
4.Turnback Agreement(Construction Completed).
The Committee further recommended adopting the related resolution.
MOVED BY PALMER,SECONDED BY PEREZ,COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION.CARRIED.
RESOLUTIONS AND ORDINANCES
Resolutions:
a) Resolution No.4268:A resolution was read authorizing the Mayor and City Clerk to enter into
Addendum A to the 2009 Interlocal Agreement with King County relating to processing of
clearing,grading, and associated building permit applications for the Soos Creek Trail.
MOVED BY TAYLOR,SECONDED BY PALMER,COUNCIL ADOPT THE RESOLUTION
AS PRESENTED. CARRIED.
DECEMBER 7, 2015 REGULAR COUNCIL MEETING MINUTES 3
b) Resolution No.4269:A resolution was read amending Resolution No.4221 regarding annual
reports of the deferred compensation 457(b) plan by the investment committee to the City
Council and adopting the TIAA-CREF financial services company 457(b) Deferred
Compensation Plan document as amended.
MOVED BY PALMER,SECONDED BY CORMAN,COUNCIL ADOPT THE RESOLUTION
AS PRESENTED. CARRIED.
c) Resolution No.4270:A resolution was read authorizing the Mayor and City Clerk to enter into
Four(4) Interlocal Agreements with WSDOT regarding the I-405/I-5 to SR 169 Stage 2
Widening and SR 515 Interchange Project.
MOVED BY PALMER,SECONDED BY CORMAN,COUNCIL ADOPT THE RESOLUTION
AS PRESENTED. CARRIED.
Ordinances for second and final reading:
d) Ordinance No. 5780:An ordinance was read vacating a portion of right-of-way in the vicinity
of 300 Rainier Avenue N. (VAC 15-003).
MOVED BY PALMER,SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL:ALL AYES.CARRIED.
e) Ordinance No.5781:An ordinance was read amending Section 4-1-220, Property Tax
Exemption For Multi-Family Housing In Residential Targeted Areas,of Chapter 1,
Administration and Enforcement,of Title IV(Development Regulations) of the Renton
' Municipal Code, by extending the property tax exemption.
MOVED BY PEREZ,SECONDED BY PAVONE,COUNCIL ADOPT THE ORDINANCE AS
' READ. ROLL CALL:ALL AYES.CARRIED.
' fl Ordinance No.5782:An ordinance was read amending Section 4-1-210,Waived Fees, of
� Chapter 1,Administration and Enforcement,of Title IV(Development Regulations)of the
Renton Municipal Code, by extending the waiver of certain development and mitigation fees.
MOVED BY TAYLOR,SECONDED BY CORMAN,COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CAIL:ALL AYES.CARRIED.
NEW BUSINESS
See attached Council committee meeting calendar.
AUDIENCE COMMENTS
Howard McOmber, Renton,thanked Council and all those who volunteer for the REACH
program and requested additional help through the winter months.
ADJOURNMENT
MOVED BY PERSSON,SECONDED BY PRINCE,COUNCIL ADJOURN.CARRIED.TIME
7:25 P.M.
� Megan Gregor, Recorder
Jason .Seth,C , ity Clerk Monday, December 7, 2015
DEC MBER 7, 2015 REGULAR COUNCIL MEETING MINUTES 4
Council Committee Meeting Calendar
December 7, 2015
December 8, 2015
Tuesday
CANCELED Transportation Committee, Chair Palmer
, December 14, 2015
Monday
CANCELED Planning & Development Committee, Chair Corman
CANCELED Community Services Committee, Chair Perez
CANCELED Utilities Committee, Chair Taylor
6:00 PM Committee of the Whole, Chair Prince - 7th Floor Conferencing Center
' Reception for Outgoing Councilmembers
-----------
�
1��,OF WAS��NGTON,CO�TY OF KING }
STA A�IDAVIT OF PIIBLICATIUN
CiTY OF RENTON
NOTICF,OF t►RT}��'A`�`C�
ADOPTF.D BY TNE REP31 ON
N�,�iCE She is the Legal ��TY c°t'Nc�G af the
pU�j-'�C first duly swarn on oath�hat . pouowin� is � S1kmmach� Ren-
jVi111S,�?�1T1� drdinances adopted by
Linda M ton City Coune+l on December�•
P,�Vertising Representative of the Zo�s:
t)RDtNANCE NO.S"!8d
«f
orter pn Ordinance of �hvacat ng a
Renton ReP Renton, Washington, �n the
�mrtion of tight-of-way
vicmih` of 3d0 Rainie�e��gai
gT Of North (VAG t5-403}.
news � T 15 � l�Sal newspaP de�T;pcion is on fite at the City
y news aper, which p � six months �{erk's officc. and is available
� weekl P ublished in u�ri r�y�esc.
eneral circulation and is.ca o heTelnafteT refer ed tO�a er in King rt�ee�t,ve: �Zi�bno�s
� ubli y news j� O�tDINANCE N4.5781
prior to the date of P s� aS d weekl p r�ved a5
l�Sh �anguage continuou. )' ��ter has be�� �p� t�n Ordinance of �heam n ing
the E�g The Re�ton R�P Renton. Washington, T�x
Washington. rior Caurt of the State of �,ection �-t-220� ''`0�'em'
Caunty, � er by order of the Sup� tlo„ foi Muiti-Pami�Y
a ��a1 Newsp p l:xemp eced
COUrity Hous+ng in Resident+al Tatg
ton for King �blished in regular issues preas, of Chapter 1, Admimstra-
Washing which was
lemen� form) �ian and Enforcemenula ions)e lot
'The notice in the exact form�n�cep 5'upp stated �r�od. �Deve�opment xe�
enton Reporter (a the be�ow . P
of the R the Renton Munic�pal ���'tb�y
r��ul�1y distributed to its subs��ber5 d�ring extending th� �'CO�m'
emption.
The annexed notice, a: .�,ublic Notice eree�c,ve: �t�or2o�6 �?az
ORDINANCE h0.-
An Ord�Washsngt nheam nding.
Renton> Waived Fees,o�
2OlS. Sectian 4-i-210,
December 11' Chapter I, Administcalion and
was published on enforcement,of T+de �v�(aeVine
ublication is opment Regu►ationsi���, bY
Kenton Mun+c�P��
far said foregoing p extending t1�e Waiver of Ce���n
The full amount af the fee charged pevelopment and Mitigation
the sum of$111.63. �����s��it��<<�f rees.
� �� � �;#�'ective. i/i()l2016
� ,���' p.�.�; , ,wt�/ ��i� Compiete text of these ordinano-
�� .
• the ��tY's
n � ��,� C?�.\SgtON Ekp�.• ir es can be found on
1�jS orter � �o�`r �F: % wehsite at www.renton�lerk s
nda M� `�'; '
R� resentative,Rentan Rep 20�r�. .� .. t jp6n request to ihe t�' copies
Legal Advertising P af December, � �yp-�ARY ; : ��1Ce, �azs� a3a�sia,
� 5��rn to me this l lth day � � �Ug�`C � Z � Wip atso he ma���d for a Yee.
bscri : O � Jason A.Seth,City��erk
:cP t : �.. " orter on
S � . . �'' '• e,� � Pubtished in Renton Rep
� \j sidin l�i�Tfi'•'4A.t3��:•' ��� December11,2015.#1488975.
,_._. I� ton,Re, g in .,�!f/��.•�,N Pr Y;','`.
� Gale Gwin,�otary Public for the State of Vdashing �,�t",y`!`"
� puyallup,�ashington
�