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HomeMy WebLinkAboutCouncil 06/28/2010AGENDA  RENTON CITY COUNCIL  REGULAR MEETING  June 28, 2010  Monday, 7 p.m.   *REVISED* 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PROCLAMATION a. Parks and Recreation Month ‐ July 2010  4.PUBLIC HEARING a. 2011 ‐ 2016 Six‐Year Transportation Improvement Program  5.ADMINISTRATIVE REPORT 6.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed five minutes.  The  comment period will be limited to one‐half hour.  The second audience comment period later on in  the agenda is unlimited in duration.)  When you are recognized by the Presiding Officer, please  walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST  NAME. 7.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 6/21/2010.  Council concur.  b. Mayor Law appoints Martin Regge to the Planning Commission for an unexpired term expiring  1/31/2011 (position previously held by Lisa Brines).  Refer to Community Services Committee.  c. Mayor  Law  reappoints  the  following  individuals  to  the  Planning  Commission  for  three‐year  terms  expiring  6/30/2013:   Ed  Prince,  Michael  Drollinger,  and  Gwendolyn  High.   Council  concur.  d. Mayor Law reappoints the following individuals to the Airport Advisory Committee for three‐ year terms expiring on 5/7/2013:  Lee Chicoine (North Renton Neighborhood, primary); Ben  Johnson  (North  Renton  Neighborhood, alternate);  Robert  Ingersoll  (Airport  Leaseholders,  alternate);  Diane  Paholke  (Airport‐at‐Large,  primary);  and  Todd  Banks  (Airport‐at‐Large,  alternate).  Council concur.  e. City  Clerk  submits  request  from  Wm.  Wayne  Jones,  Jr.,  Classic  Concepts  V,  LLC,  for  a  latecomer agreement for sanitary sewer extension in the vicinity of SE 2nd Pl. and SE 2nd St.,  west of Hoquiam Ave. NE.  Refer to Utilities Committee.  Page 1 of 249 f. City Clerk reports appeal of Hearing Examiner's decision regarding the Wilson Park Preliminary  Plat by Robert Wilson, accompanied by required fee.  Consideration of the appeal by the City  Council shall be based solely upon the record, the Hearing Examiner's report, the notice  of appeal, and additional submissions by parties (RMC 4‐8‐110‐F.6.).  Refer to Planning and  Development Committee.  g. Community and Economic Development Department requests authorization to amend the 2010  Budget  to  allocate  $35,000  from  the  unallocated  reserve  fund  for  the  "Clean  Economy  Strategy" project. Refer to Finance Committee.  h. Community  and  Economic  Development  Department  recommends  approval  of  the  Renton  Lodging Tax Advisory Committee recommendation to allocate $65,000 of unallocated Lodging  Tax Fund reserves to develop a new marketing video. Council concur.  i. Community Services Department submits CAG‐09‐084, Fire Station 11 Seismic Upgrade; and  requests  approval  of  the  project,  authorization  for  final  pay  estimate  in  the  amount  of  $23,536.54,  commencement  of  60‐day  lien  period,  and  release  of  retained  amount  of  $32,203.91 to Landon Construction Group, contractor, if all required releases are obtained.   Council concur.  j. Community  Services  Department  recommends  concurrence  in  the  Park  Commissioners'  recommendation to amend existing Park Rules and Regulations regarding trail safety.  Council  concur.  (See 9.a. for ordinance.)  k. Finance  and  Information  Services  Department  recommends  approval  of  a  contract  in  the  amount of $214,756.88 with Coban Technologies to equip 30 police vehicles with in‐car video  systems.  Refer to Finance Committee.  l. Police Department recommends amending City Code to add a new section entitled "Wireless  Communication Device Use," and to adopt by reference state law regarding the use of wireless  devices while driving.  Council concur.  (See 9.a. for ordinance.)  m. Public Works Department recommends adoption of a resolution declaring an emergency for  the purpose of repairing the Cascade Interceptor at Royal Hills Dr. SE.  Council concur.  (See  9.a. for resolution.)  n. Public Works Department recommends acceptance of grant funds in the amount of $114,289  from the Puget Sound Clean Air Agency for the purpose of purchasing three electric hybrid  vehicles in 2011.  Refer to Finance Committee.  o. Transportation Systems Division recommends approval of an addendum to airport lease LAG‐ 03‐002, with AirO, Inc., to defer rent payments and late fees to 8/31/2010 in exchange for a  significant penalty and collateral.  Refer to Transportation (Aviation) Committee.  p. Transportation Systems Division recommends approval of an addendum to airport lease LAG‐ 86‐003, with Bosair, LLC, to increase the total ground lease rate per appraisal to $31,780.58  annually through 5/31/2015.  Council concur.  q. Transportation Systems Division recommends approval of an addendum to airport lease LAG‐ 88‐001, with Bruce Leven, to increase the total ground lease rate per appraisal to $86,224.02  annually through 5/31/2015.  Council concur.  r. Transportation  Systems  Division  recommends  approval  of  an  interlocal  agreement  with  the  Washington  State  Department  of  Tranportation  regarding  right‐of‐way maintenance at  I‐405  and SR 169.  Council concur.  (See 9.b. for resolution.)  s. Transportation Systems Division submits CAG‐09‐187, Sidewalk Rehabilitation & Replacement  Project;  and  requests  approval  of  the  project,  authorization  for  final  pay  estimate  in  the  amount of $8,319.28, commencement of 60‐day lien period, and release of retained amount of  Page 2 of 249 $18,180.79  to  Archer  Construction, Inc.,  contractor,  if  all  required  releases  are  obtained.   Council concur.  8.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week.  Those topics  marked with an asterisk (*) may include legislation.  Committee reports on any topics may be held  by the Chair if further review is necessary. a. Finance Committee:  Contract with CH2M Hill for Sunset Area Community Investment Strategy  b. Transportation Committee:  Six‐Year Transportation Improvement Program (2011‐2016 TIP)*  9.RESOLUTIONS AND ORDINANCES Resolutions: a. Declaring an emergency for the purpose of repairing the Cascade Interceptor (See 7.m.)  b. Interlocal agreement with the Washington State Department of Transportation regarding  right‐of‐way maintenance at I‐405 & SR 169 (See 7.r.)  c. Six‐Year Transportation Improvement Program (2011‐2016 TIP) (See 8.b.)  Ordinance for first reading: a. Amending City Code regarding the use of wireless communication devices (See 7.l.)  Ordinance for first reading and advancement to second and final reading: a. Amending Park Rules and Regulations regarding trail safety (See 7.j.)  Ordinances for second and final reading: a. Approving the Sierra Heights Elementary School Annexation (1st reading 6/21/2010)  b. Establishing R‐4 zoning for the Sierra Heights Elementary School (1st reading 6/21/2010)  c. Approving the Maplewood Heights Elementary School Annexation (1st reading 6/21/2010)  d. Special Events Ordinance (1st reading 6/21/2010)  10.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 11.AUDIENCE COMMENT 12.ADJOURNMENT Page 3 of 249   COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)    COUNCIL CONFERENCE ROOM  June 28, 2010  Monday,5:30 p.m.    2011‐2012 Budget Process;  Emerging Issues in Transportation    • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •   CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:  Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM  Page 4 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appointment to Planning Commission: Martin Regge Meeting: Regular Council - 28 Jun 2010 Exhibits: Application for Community Service Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Refer to Community Services Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law appoints the following to the Planning Commission: Mr. Martin Regge, 10319 SE 185th Place, Renton WA 98055, for a term that expires 1/31/2011 (position previously held by Lisa Brines). STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Martin Regge to the Planning Commission. 7b. ‐ Mayor Law appoints Martin Regge to the Planning Commission for  an unexpired term expiring 1/31/2011 (position previously held by Lisa Page 5 of 249 7b. ‐ Mayor Law appoints Martin Regge to the Planning Commission for  an unexpired term expiring 1/31/2011 (position previously held by Lisa Page 6 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Reappointments to Planning Commission Meeting: Regular Council - 28 Jun 2010 Exhibits: None Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law reappoints the following to the Planning Commission: Mr. Ed Prince, 11002 SE 176th St, E-304, Renton WA 98055 for a term that expires 6/30/2013 Mr. Michael Drollinger, 11406 SE 171st St, Renton WA 98055 for a term that expires 6/30/2013 Ms. Gwendolyn High, 155 Yakima Ave NE, Renton WA 98059 for a term that expires 6/30/2013 STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Ed Prince, Michael Drollinger, and Gwendolyn High to the Planning Commission. 7c. ‐ Mayor Law reappoints the following individuals to the Planning  Commission for three‐year terms expiring 6/30/2013:  Ed Prince,  Page 7 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Reappointments to Airport Advisory Committee Meeting: Regular Council - 28 Jun 2010 Exhibits: None Submitting Data: Dept/Div/Board: Executive Staff Contact: Denis Law, Mayor Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Mayor Law reappoints the following to the Airport Advisory Committee: Mr. Lee Chicoine, 406 Burnett Ave N, Renton WA 98057 (North Renton Neighborhood, Primary Position) for a term that expires 5/7/2013 Mr. Ben Johnson, 447 Wells Ave N, Renton WA 98057 (North Renton Neighborhood, Alternate Position) for a term that expires 5/7/2013 Mr. Robert Ingersoll, 11224 Rainier Ave S, Seattle WA 98178 (Airport Leaseholders, Alternate Position) for a term that expires 5/7/2013 Ms. Diane Paholke, 325 Edmonds Ave SE, Renton WA 98056 (Airport-At-Large, Primary Position) for a term that expires 5/7/2013 Mr. Todd Banks, 6321 NE 175th St, Kenmore WA 98028 (Airport-At-Large, Alternate Position) for a term that expires 5/7/2013 STAFF RECOMMENDATION: Concur in Mayor Law's reappointments of Lee Chicoine, Ben Johnson, Robert Ingersoll, Diane Paholke, and Todd Banks to the Airport Advisory Committee. 7d. ‐ Mayor Law reappoints the following individuals to the Airport  Advisory Committee for three‐year terms expiring on 5/7/2013:  Lee  Page 8 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Latecomer's Agreement Request for Sewer near SE 2nd Pl & Hoquiam Ave NE; (W. Jones, Classic Concepts, Petitioner); File: LA-10-001 Meeting: Regular Council - 28 Jun 2010 Exhibits: Latecomer's Agreement Request with attachments Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie I. Walton, City Clerk, x6502 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Wm. Wayne Jones, Jr., Manager, Classic Concepts V, LLC, PO Box 146, Renton, WA 98057, requests a latecomer's agreement for a sanitary sewer extension benefiting other parties along SE 2nd Place and SE 2nd Street, west of Hoquiam Ave NE. Department staff has verified sufficiency of the petition, the property ownership, the total cost figures, legal descriptions and maps. A latecomer's agreement application fee of $1,000 has been received. The total cost estimate submitted is $135,714. The amount estimated to be collectable through the Latecomer Agreement is $90,476. STAFF RECOMMENDATION: Determine whether to grant preliminary approval for the SE 2nd Pl. latecomer's agreement request for a period of two years, and authorize staff to forward the preliminary assessment roll to the City Clerk for notification of affected property owners. 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 9 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 10 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 11 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 12 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 13 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 14 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 15 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 16 of 249 7e. ‐ City Clerk submits request from Wm. Wayne Jones, Jr., Classic  Concepts V, LLC, for a latecomer agreement for sanitary sewer Page 17 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Appeal of Hearing Examiner's April 1, 2010 decision regarding the Wilson Park Preliminary Plat, 720 S 55th St (LUA-09-140 PP, ECF) Meeting: Regular Council - 28 Jun 2010 Exhibits: Response to appeal notice - Witt/Duong (6/17/2010) City Clerk's notification letters (6/7/2010 & 6/21/2010) Appeal filed by Robert Wilson (6/1/2010) Response to Request for Reconsideration (5/18/2010) Request for Reconsideration (4/6/2010) Hearing Examiner's Report & Decision (4/1/2010) Submitting Data: Dept/Div/Board: Executive Staff Contact: Bonnie I. Walton, City Clerk, x6502 Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Appeal of the Hearing Examiner’s decision on the Wilson Park Preliminary Plat, 2.5 acres located at 720 S 55th St., was filed on June 1, 2010 by Robert Wilson, accompanied by the required $250 fee. Preliminary Plat Applicant/Contact: Jay Derr, GordonDerr LLP Preliminary Plat Owner: Robert Wilson STAFF RECOMMENDATION: Take action on the Wilson Park Preliminary Plat appeal and determine approval of the preliminary plat as recommended by the Hearing Examiner. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 18 of 249 June 16,2010 Ms.Bonnie Walton,City Clerk City of Renton 1055 South Grady Way Renton,WA 98057 CITY OF RENTON JUN 1 7 2010 RECEIVED CITY CLERK'S OFFICE RE:Appeal of Hearing Examiner's decision regarding the Wilson Park Preliminary Plat application, located at 720 S.55 th Street.(File No.LUA09-140,ECF,PP ) Ms.Walton: Thank you for the opportunity to provide written comments on the above appeal.As owners of property adjacent to the subject site (located directly below/west of the site),we have an interest in insuring negative impacts are avoided and appropriate measures are taken in the possible development of this site. We became Parties of Record for this application last year,submitting written comments in November of 2009 and attending the Hearing held by the Examiner in March of 2010.While we were informed of the Hearing Examiner's final decision on this application,we were not informed as a Party of Record of the request for reconsideration or the Hearing Examiner's denial ofthat request.When we recently received notice of the Appeal to City Council on this matter,we were at a disadvantage in that we did not have the information contained in the request for reconsideration submitted by the applicant. We were able to obtain a copy of the letter of request for reconsideration from the Clerk's office,but do not have the detailed engineering material on the reconsideration request. As owners of existing homes located adjacent to the proposed Plat,we maintain our concerns over four specific areas in the Appeal (these are consistent with concerns shared in the initial Plat application). These are safety,drainage,privacy and maintenance. 1.SAFETY This site sits on a fairly significant slope.While site development documents may address the actual slopes on the listed property,we are concerned that development plans include addressing impacts to existing slopes below (west)of the proposed site.We remain concerned that changes to Lot 12,as well as the entire west border of the site,address the close proximity of the roadway to our adjoining property.In that the Plat's east/west roadway makes a 90 degree turn to the south directly above our adjoining property,we feel steps must be taken to insure that vehicles cannot,under any circumstances,(especially ice/snow conditions)slide from the roadway and down the hill onto our adjoining property/homes.An initially discussed concrete retaining wall along the Plat's west boundary would address this along Lot 12 and should be included adjacent to all down slope abutting properties for public safety,which would include all4 Geneva Court adjunct properties. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 19 of 249 2.DRAINAGE We are concerned that every effort be made to insure that the changes in site drainage not impact property located directly below the proposed development.It is unknown how the proposed two tiered rockery will be engineered to provide drainage that does not impact existing homes below Lot 12 or any other adjunct properties should the rockery be extended. 3.PRIVACY The proximity of the Plat being located directly above the Geneva Court subdivision creates the potential for significant impacts to existing homeowners.Any development of areas adjunct to property lines of all 4 Geneva Court homes should be considered in privacy screening.Proposed site development mentions either a road or common areas adjunct to current Geneva Court properties.Any ofthese would equally impact our properties.We request a "buffer"to minimize this impact whether that is a wall,green belt,or fence,etc. 4.MAINTENANCE We understand that requirements made by the City for this Plat would be required of the owner/developer (to Lot 12 and also the entire site).Our concerns are that once the site infrastructure is done and the developer/contractor moves on that home owners living in that new development will be required and should be able to maintain the required items that are common to our adjoining property.These include any rockery,retaining walls,fences and vaults,etc.If these responsibilities/items are not clearly specified by the City in the approval of the Plat or well monitored during development,the potential for us as adjacent property owners to have to deal with failed design and/or lack of maintenance of those structures dramatically increases.Please make every effort in the appeal/approval process to insure that requirements and responsibility are indicated,designed,engineered and constructed reliably in order to avoid any problems in the future. The need to maintain,and the access to do so,a two-tiered rockery,where the tiering faces Geneva Court properties instead of tiering toward the new development,may not be obvious to those homeowners and could easily be overlooked.Geneva Court residents should not be burdened with maintenance of such a rockery.We have a two-tiered rockery in our neighborhood and there is a fair amount of maintenance needed and limited homeowners willing to do this. Respectfully submitted, ./"'''-;1 ~/r..."./2S/....;>"/---./~_r ~r~l--'J)f- Paul &Frieda Witt 617 S.53 rd Place Renton,WA 98055 (425)227-5462 //"",---7/~~-"--.-,,::;.-;, -~.~....•/....~~yc,~~~ Quang Dang &K;-~Duong 5 623 S.53 rd Place Renton,WA 98055 (425)917-9733 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 20 of 249 Denis Law Mayor' City Clerk -Bonnie [Waltor:f ,June 7;2010 APPEAL FILEO BY:'Robert Wilson RE:,',Appeal ofHearing Examiner's decision ,regardi~g the Wilson park P"reliminary Plat ,,application"located at 720 S 55~Street.{File'No.LUA-09-140 PP,ECF),,' ,To,Parties,of Recore{: F1ursuant to Titl:e IV,~h~pter 8,Renton CitY C~deof Ordinaric~,s,written ~p'pealofthe h~aring examiner's.de'cision on the Wilsori Parkpreliminary Plath.asbeen filed withth~CrryClerk.,':,. .,',. ."..-.~.. "..'. In accordance with Renton Mlniicipal Code Section 4-8~110F,within 'five (;fays of recei'pt ofthe ryotic;e of appeal,or after all app~~1 periods with the'Hearing Examiner have expir.ed~,thE!City , Clerk $halr nptify all parties of record of the'r.eceipt of the .appeal..Other part}es of record may', ,'si.ibmifletter::s limitecfto sUPPor:i oftheir pbsitfons:j.egarding the appea'I'Within ten (10)days of ':the date of mailing of this notification,Thedeadlio-efor submission ofadditionallett~rs is by'' ,,5:00 p~m'J T~ursdaYJ June 171.2010.,",, NOTIC:E ISHEREBY GIVENthatthe Written app.eal and other pertinent d~cuments will be :,', reviewed byth-eCoundl's Plaiming and D¢velopmenf Committee at 3;00 p.m.on July 8~2Ql0, in the ,Council Chambers,7th FJqor of Renton'City Hall,1055 South (3rqdy Way,;Renton",' ,Washington 98057.The:recommendation:ofthe Committee will,be,presented for consideration by the'full Coundl at asub$equent Council ,meeting. '.•I ;•..,' Copy of the appeal and the R~nton Municipal Code regarding,appeal of Heari'ng -ExartJiner " 'decisions of recomm~ndations ,is attached.Please note that the City (0lincH 'will betonsiderir'Jg , .the ll1erits of.the a'ppeal based upon the written record previously established.Unlessa ,shbwing can be made thatadditiorial~videncecould not ~easonably have been available 'at the prior hearing held by the Hearing Examinet,no furtheirevidence or testimony on this matter 'will be accepted by the City Co~nciJ:."',',',',:",',',",,', ,:F6ra~ditio,na'linfoi-mation o~assistance,please'taU ~e at 425-430-6510. 'Bonnie 1~,Walton ' ,CitY Clerk " Attachments 1055 South Gr,a'dy Way.Renton,Washington 98057 •(425)430-651 a I Fax (425)430-6516.rentonwa.gov7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 21 of 249 Denis law Mayor City Clerk -Bonnie I.Wa Iton June 21,2010 RE:Revised Dates forthe Wilson Park Preliminary Plat Appeal'(File LUA-09-140 PR,ECF)·. To:All Parties of Record A letter was sentto you from this office dated June 7,2010,.giving notice regarding the referenced appeal.The datenas now beenchanged for review ofthe appeal before the Renton City Council's Planning and Oevelopment Committee. The hearing date beforethe Planning &DevelopmentCornmittee has been rescheduled from July 8,2010,to: Thursday,August 12,2010 .' 2:00 p.m. 7th Floor Council Chambers Renton City Hall lOSS S.GradyWay Renton,Washington 98057 Forfurther information or assistance,please~call this office at 42~-430-6510. Sincerely, Bonnie!.Walton,CMC City Clerk 1055 South Grady Way.Renton,Washington 98057 •(425)430-6510/Fax (425)430-6516 •rentonwa.gov7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 22 of 249 APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISIONIRECOMMENDATION APPLICATION NAME _Wilson Park Preliminary Plat FILE NO.LUA09-140 ,ECF,PP The undersigned interested party hereby files its Notice of Appeal from the decision or recommendati51Wf the ..8 &A 'I t 10 OF RENTON .Land Use Hearing Examiner,dated May I :prJ-,20__.cY" .JUN 0 1 2010 }~i>~ 1.IDENTIFICATIONOFPARTY \, APPEllANT:REPRESENTATIVE (IF ANY):CITY &~~~,~E8FFICE ; Name:Robert Wj 1 son Name:Jay Derr.GordonDerr LLP Address:21703 60th Street E'Address:2.025'First Ave.,Suite 500 Lake Tapps,WA 98391 Seattle,WA 98121 Phone Number:253-862-7285 Phone Number:206-382-9540 Email:_--J.CN~/...A _Email:jderr@gordQnderr.com 2.SPECIFICATION OF ERRORS (Attach additional sheets,if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact:(please designate number as denoted in the Examiner's Report) No.Error:Pl ea se see appeal statement attached.hereto Correction:_ Conclusions: No.-L Error:"Proposed Lot 12 should be eliminated from the plat and its natural features anci slope preserved." Correction:Proposed Lot 12,as modified by the applicant in-its reconsideration request dated April 6,2010,is hereby approved. Other:Hearing Examiner's Decision on Reconsideration No.N/A Error:Denial of reconsideration concerning the elimination of proposed Lot 12 from the plat. Correction:Approval of modifjed Lot 12 in Wilson Park Preliminary Plat. 3.SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation,if desired) Reverse the decision:or recommendation and grant the fol'lowing relief: xx Modify the decision or recommendation as follows: Remand to the xaminer for further consideration as follows: -::::::=:=-_Other: /r-"- ~_..._....."....';Jay P.Derr GIt:lID Appellan epre ntative 'gnature TypelPrinted Name Date NOTE:pL.ease refer to Title IV,ChapY";,'8,of~~~ton Municipa)Cod~.,and Section ~8-11Qf,for specific appeal procedures.~e-...\Ir-.~.._~-\.~~~W....:no c.eOJ.T~~C~~~UI.-.e..-::J-C-E::'ilj . ~~..',(;C'Lf))~('uJ'4rM-v\~t.&~)7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 23 of 249 City of Renton Municipal Code;Title IV,Chapter 8,Section 110 -Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170,the fee schedule of the City.(Ord.3658,9-13-82) 4-8-11OF:Appeals to City Council -Procedures 1.Time for Appeal:Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body,any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council,upon a form furnished by the City Clerk,within fourteen (14)calendar days from the date of the Examiner's written report. 2.Notice to Parties of Record:Within five (5)days of receipt of the notice of appeal,the City Clerk shall notify all parties of record of the receipt of the appeal. 3.Opportunity to Provide Comments:Other parties of record may submit letters in support of their positions within ten (10)days of the dates of mailing of the notification of the filing of the notice of appeal. 4.Transmittal of Record to Council:Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents,including the written decision or recommendation,findings and conclusions contained in the Examiner's report,the notice of appeal,and additional letters submitted by the parties.(Ord.3658,9-13-1982) 5.Council Review Procedures:No public hearing shall be held by the City Council.No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner.If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence.The cost of transcription of the hearing record shall be borne by the applicant.In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony,and a remand to the Hearing Examiner for receipt of such evidence or testimony,it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council,and that the record before the City Council is identical to the hearing record before the Hearing Examiner.(Ord.4389,1-25-1993) 6.Council Evaluation Criteria:The consideration by the City Council shall be based solely upon the record,the Hearing Examiner's report,the notice of appeal and additional submissions by parties. 7.Findings and Conclusions Required:If,upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1,and after examination of the record,the Council determines that a substantial error in fact or law exists in the record,it may remand the proceeding to Examiner for reconsideration,or modify,or reverse the decision of the Examiner accordingly. 8.Council Action:If,upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3,and after examination of the record,the Council determines that a substantial error in fact or law exists in the record,or that a recommendation of the Hearing Examiner should be disregarded or modified,the City Council may remand the proceeding to the Examiner for reconsideration,or enter its own decision upon the application. 9.Decision Documentation:In any event,the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner.Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant.(Ord 3658,9-13-1982) 10.Council Action Final:The action of the Council approving,modifying or rejecting a decision of the Examiner shall be final and conclusive,unless appealed within the time frames established under subsection G5 of this Section.(Ord.4660,3-17-1997) 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 24 of 249 CiTY OF RENTON c.AI"I \", ,JUN 0 1 2010 1 RECEIVED CITY CLERK'S OFFICE 2 3 4 5 6 12 For a Preliminary Plat for a Subdivision WILSON PARK PRELIMINARY PLAT 11 APPLICATION BEFORE THE RENTON CITY COUNCIL STATE OF WASHINGTON In the Matter of the:) ) )No.LUA09-140,ECF,PP ) )APPLICANT ROBERT )WILSON'S APPEAL )STATEMENT ----------------) 7 8 9 10 13 14 I.INTRODUCTION 15 16 17 18 Pursuant to Renton Municipal Code 4-8-11 O(F),Applicant Robert Wilson (the "Applicant")respectfully submits this appeal statement in support of its appeal of the Hearing Examiner's decision to eliminate Lot 12 from Applicant's Wilson Park 19 Preliminary Plat,File No.LUA09-140,PP,ECF,including his Decision on Applicant's 20 21 22 23 24 Request for Reconsideration dated May 18,2010 (the "Reconsideration Decision"y and his underlying Findings,Conclusions,and Recommendation dated April 1,2010 (the "Original Decision"?(collectively,the "Decisions"). I The Reconsideration Decision is attached hereto as Attachment 1. 25 2 The Original Decision is attached hereto as Attachment 2. APPLICANT'S APPEAL STATEMENT - 1 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 25 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 In his Decisions,the Hearing Examiner erroneously rejects the Planning Director's Administrative Policy/Code Interpretation regarding the Talbot Urban Separator open space requirements dated January 14,2010 (hereinafter the "Talbot Road Urban Separator Code Interpretation")3.Moreover,without basis in the facts or the requirements of City policy or code,the Hearing Examiner eliminated Lot 12 from the preliminary plat, contrary to the staffs recommendation,based on visual impacts to adjoining property owners to the west of the site and vague concerns regarding "appropriate density"in the Urban Separator portion ofthe lot.The Hearing Examiner's Decisions constitute an improper collateral attack on the Talbot Road Urban Separator Code Interpretation;are based on a flawed interpretation of the City of Renton's Urban Separator Overlay regulations (RMC 4-3-110);and are inconsistent with the City's standards for preliminary plat decisions.As such,the Hearing Examiner's Decisions are based on "substantial error[s]in fact and law,,4 and the Applicant respectfully requests that the Renton City Council ("City Council")modify both the Hearing Examiner's Decisions and approve inclusion of Lot 12 of the Wilson Park Preliminary Plat as part of the City's preliminary plat approval. II.ASSIGNMENT OF ERRORS The Applicant hereby specifically assigns error to the following conclusions, recommendations,and decisions ofthe Hearing Examiner:(1)Original Decision, Conclusion #1;(2)Original Decision,Conclusion #5;(3)Original Decision, 3 Talbot Road Urban Separator Code Interpretation is attached hereto as Attachment 3. 25 4 RMC 4-8-110(F)(7),(8). APPLICANT'S APPEAL STATEMENT -2 6'iifiliiiiDiii, 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 26 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Recommendation #3;and (4)the Reconsideration Decision in its entirety.For the reasons discussed in length below,the Hearing Examiner erred in excluding Lot 12 from the Wilson Park Preliminary Plat Approval.First,the Hearing Examiner's Decisions constitute an improper collateral attack on the Talbot Road Urban Separator Code Interpretation that is barred by both the City's statutory 14-day appeal period for code interpretations (RMC 4-8-110)and the state's Land Use Petition Act.Second,the alternative interpretation of the Urban Separator regulations adopted in the Hearing Examiner's Decisions conflicts with both the legislative intent behind RMC 4-3-110 and the basic rules of statutory construction.Third,if the Planning Director's Talbot Road Urban Separator Code Interpretation is overturned,the Urban Separator regulations may violate RCW 82.02.020.Last,as modified in the Applicant's request for reconsideration,s Lot 12 resolves all of the concerns raised in the Hearing Examiner's Original Decision (i.e.,visual impacts,significant tree retention,excessive grading,and retaining wall height)and meets the City's zoning,subdivision,and development regulations.Thus,in reaching his decision to exclude Lot 12,the Hearing Examiner made substantial errors in fact and law,which the Applicant respectfully requests the City Council modify by approving the Wilson Park Preliminary Plat with Lot 12. III.FACTS The Wilson Park Preliminary Plat site consists of2.5 acres split up between the R- 14,R-l,and R-8 Zones.6 The R-l zoned portion of the site coincides with the Talbot Road 5 See Attachment 5. 25 6 See Wilson Park Preliminary Plat application submittals attached hereto as Attachment 6. APPLICANT'S APPEAL STATEMENT -3 6iifiloiiDir.:" 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 27 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Urban Separator depicted in RMC 4-3-11 0(C)(2).The City has two Urban Separator areas:May Valley and Talbot Road.See RMC 4-3-110.In the May Valley Urban Separator,entire properties are included in the Urban Separator designation;whereas,in the Talbot Road Urban Separator,only portions of properties are within the Urban Separator. RMC 4-3-11 0(E)(2)(a)requires properties located within the Urban Separator to dedicate 50%ofthe gross land area of the parcel or parcels as a non-revocable open space tract.In May Valley,since the entire property is designated Urban Separator,the dedication of 50%of the gross site area is required.In the Talbot Road Urban Separator, however,where only a very small portion of the site may be designated Urban Separator, the City has detennined it is inequitable to require that 50%of the gross site area be retained.7 Here,for instance,only 23,795 square feet of Wilson Park Preliminary Plat's 2.5-acre lot is designated Urban Separator.Fifty percent of that area would require 11,898 square feet of open space.Fifty percent of the gross site,however,is 54,442 square feet- more than twice the actual land area actually located within the Talbot Road Urban Separator. Instead,on January 14,2010,following the Applicant's submittal of its preliminary plat application,the Planning Director issued the Talbot Road Urban Separator Code Interpretation.The interpretation states: Urban Separator regulations require dedication of 50%of designated properties gross area as open space..For properties in May Valley,where the entire site is within the Urban Separator,this is appropriate.However, 7 See Attachment 6. APPLICANT'S APPEAL STATEMENT - 4 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 28 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 for properties in the Talbot area,where only a portion of the site is designated Urban Separator,the requirement for dedication of 50%of the area as open space is a hardship.By requiring 50%of the area designated as Urban Separator to be dedicated as open space,there is uniformity and fairness between the Talbot and May Valley areas. Properties in the Talbot Urban Separator will be required to dedicate 50% of the gross land area in the Urban Separator as open space,rather than 50%of the gross site area.The area to be dedicated may also include portions of the site abutting the Urban Separator,in order to create a contiguous open space corridor.8 This Talbot Road Urban Separator Code Interpretation was posted on the City's website; formal comment and appeal periods were published;no appeals of this interpretation were filed;and the interpretation is currently pending before the City's Planning Commission as part of the 2010 annual docket list to be codified in the Renton Municipal Code next year.Pursuant to this code interpretation,the Applicant is required to dedicate 11,898 square feet of open space;however,the open space actually provided in the Wilson Park Preliminary Plat exceeds this requirement by more than 1,000 square feet.9 In its Preliminary Report to the Hearing Examiner dated March 9,2010 (the "Preliminary Report"),the City's Department of Community and Economic Development recommended approval of the Wilson Park Preliminary Plat containing 12 lots and 3 tracts for open space.10 The Preliminary Report concluded that the 12-lot Wilson Park Preliminary Plat complied with the City's preliminary plat criteria;Renton Comprehensive Plan designation;underlying zoning designation;and subdivision 8Id. 24 9 Department of Community and Economic Development's Preliminary Report to the Hearing Examiner dated March 9,2010,attached hereto as Attachment 4,at p.9. 25 10 See Attachment 4. APPLICANT'S APPEAL STATEMENT -5 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382·-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 29 of 249 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 regulations.ll The Hearing Examiner,however,rejected the Department's recommendation and,instead,recommended that the City Council approve the Wilson Park Preliminary Plat with only eleven 10ts.12 The Hearing Examiner based his decision to eliminate Lot 12 on the following criteria:Lot 12 sacrificed too much ofthe natural terrain of the area designated Talbot Road Urban Separator (even though it exceeded the amount of open space required under the Talbot Road Urban Separator Code Interpretation); elimination of Lot 12 preserved the site's natural features and slope;Lot 12 made the plat "excessively dense";and the 20-foot retaining walls necessary to create Lot 12 imposed visual impacts on adjoining property owners directly to the west of site.13 On April 6,2010,the Applicant submitted a timely reconsideration request to the Hearing Examiner.In an attempt to address the concerns of the Hearing Examiner as stated in his Original Decision,the Applicant's reconsideration request submittal relocated Lot 12 to the east (hereinafter "Modified Lot 12")and placed the open space easement on the west side of Modified Lot 12.14 The relocation of Modified Lot 12 :(1)substantially reduced the length of the wall along the east property line of Geneva Court Lots 13-16 from 200 feet to 55 feet and shifted the wall further to the east to reduce impacts to adjoining property owners;(2)replaced the 20-foot retaining wall with two stepped rockeries of 6-feet and 8-feet in height significantly reducing the visual impact of the retaining walls to the westerly adjoining property owners;(3)increased the number of 11 Id. 24 12 See Attachment 2,p.11. 13Id. 25 14 See Reconsideration Request and enclosures dated April 6,2010,attached hereto as Attachment 5. APPLICANT'S APPEAL STATEMENT - 6 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 30 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 significant trees to be retained on site from 15 to 24;and (4)substantially reduced the grading on Modified Lot 12 leaving most of the proposed open space easement undisturbed native vegetation. Despite these changes to the Wilson Park Preliminary Plat and Modified Lot 12, the Hearing Examiner again refused to allow the inclusion of Modified Lot 12 in the Wilson Park Preliminary Plat.Instead of approving Modified Lot 12,the Hearing Examiner explicitly rejected the City's Talbot Road Urban Separator Code Interpretation as "inappropriate"and held that the Urban Separator portion of Wilson Park Preliminary . Plat should remain as "natural as possib1e."15 The Hearing Examiner's Decisions should be modified to authorize inclusion of Modified Lot 12 in the Wilson Park Preliminary Plat for the following reasons:(l)the Hearing Examiner's Decisions are improper collateral attacks on the Planning Director's Talbot Road Urban Separator Code Interpretation;(2)the Hearing Examiner's Decisions are based on an invalid interpretation ofthe City's Urban Separator regulations;(3) without the Planning Director's Talbot Road Urban Separator Code Interpretation,the City's Urban Separator regulations may violate RCW 82.02.020;and (4)the Wilson Park Preliminary Plat complies with the City's Comprehensive Plan policies and code requirements. 25 15 Attachment 1 at p.1. APPLICANT'S APPEAL STATEMENT - 7 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 31 of 249 1 IV.LEGAL ARGUMENT 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 A.The Hearing Examiner's Decisions Constitute an Improper Collateral Attack on the Planning Division's Code Interpretation. Washington case law is clear that a land use decision that is not timely appealed may not be collaterally attacked in a later proceeding.16 Renton provides a formal comment period and a 14-day appeal period for administrative code interpretations.See RMC 4-8-110.Here,the Planning Director issued the Talbot Road Urban Separator Code Interpretation on January 14,2010.17 The formal code interpretation and its appeal period were published on the City's website.The appeal period expired on January 28,2010.18 Thus,any appeals filed after those dates are untimely and prohibited under Washington's Land Use Petition Act ("LUP A"). Moreover,the Washington Supreme Court has previously held that an issuing locality cannot collaterally attack the validity of its own land use decisions outside the LUP A 21-day appeals period.Chelan County v.Nykreim,146 Wn.2d 904 (2002).In Nykreim,Chelan County's own planning director erroneously approved a boundary line adjustment ("BLA")that was contrary to law in that ifcreated three lots out of one, 16 See Land Use Petition Act ("LUP A"),RCW Chapter 36.70C;see also Habitat Watch v.Skagit County, 20 155 Wn.2d 397,410-11 (2005)(holding that a challenge to a grading permit was an unacceptable collateral attack on the issuance of an improperly granted special use permit);see also Samuel's Furniture,Inc.v. 21 Dep 't ofEcology,147 Wn.2d 440,54 P.3d 1194 (2002)(Department of Ecology is barred from collaterally attacking the city's allegedly improper determination that the property was outside its shoreline jurisdiction 22 or not subject to Shoreline Management Act jurisdiction through a later enforcement action);Chelan County v.Nykreim,146 Wn.2d 904,52 P.3d 1 (2002)(holding that LUP A's statutory time limits prevent the county 23 from revoking an improperly granted boundary line adjustment);Wenatchee Sportsmen Ass 'n v.Chelan County,141 Wn.2d 169,4 P.3d 123 (2000)(holding that a challenge to a development permit was an 24 Improper collateral attack on the improper rezone of the area in violation of the Growth Management Act). 17 See Attachment 3.. 25 18 No appeals were filed during the applicable appeal period. APPLICANT'S APPEAL STATEMENT - 8 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 32 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 instead of simply adjusting the boundary lines of existing lots.Id.at 911-12.Fourteen months after approving the BLA,the County discovered the mistake and challenged the decision in superior court.Id.at 914.The Court found that because Chelan County failed to timely appeal an erroneous land use decision made by its own planning director,it could not file an action for declaratory relief challenging the BLA granted to the applicant even though it contravened county code.Id. Finally,both Habitat Watch and Wenatchee Sportsmen Ass'n v.Chelan County, 141 Wn.2d 169,4 P.3d 123 (2000)support the argument that the City's code interpretations cannot be collaterally attacked in a different City decision.See Habitat Watch,155 Wn.2d at 410-411 ("Because appeal of the special use permit and its extensions are time barred under LUP A,Habitat Watch cannot collaterally attack them through its challenge to the grading permit");Wenatchee Sportsmen,141 Wn.2d at 173 ("WSA's failure to file a timely LUPA challenge to the rezone bars it from collaterally challenging the validity of the rezone in this action opposing the project application"). The Hearing Examiner's Decisions are essentially an untimely collateral attack on the Talbot Road Urban Separator Code Interpretation.The Hearing Examiner cites no authority in his Decisions that permits the rejection of a formally adopted code interpretation.The Hearing Examiner himself admits in his Reconsideration Decision that the "interpretation appears to permit development of [Modified]Lot 12."The Applicant respectfully requests that the City Council correct the Hearing Examiner's LUPA APPLICANT'S APPEAL STATEMENT - 9 2025 First Avenue,Suite 500 Seattle,WA 98l2l-3l40 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 33 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 violation,reaffirm the Talbot Road Urban Separator Code Interpretation,and modify the Wilson Park Preliminary Plat approval to include Modified Lot 12. B.Even if the Hearing Examiner Could Contest the Talbot Road Urban Separator Code Interpretation,City Staffs Interpretation is Correct. Consistent with the Planning Director's code interpretation,the Urban Separator Regulations can only reasonably be interpreted to apply to the portion of the Wilson Park Preliminary Plat subject to the overlay.The mere fact that the City Council chose to zone only part of the Wilson Park Preliminary Plat site R-l evidences that this was the legislature's intent and supports staffs interpretation.R-8 zoning is not an urban separator zone.19 Had the City Council wanted the entire lot to be subject to the Urban Separator regulations,and,more specifical1y,RMC 4-3-100(E)(2)(a)'s 50%gross site area requirement,it would have zoned the entire site R-l instead of zoning the majority of the parcel R-8. Moreover,substantial weight is.given to the agency's interpretation of the statutes it administers which are within the agency's specialized expertise.Manke Lumber Co.v. Diehl,91 Wn.App.793,802,(1998).All agency's interpretation will be upheld ifit is a plausible construction of the statute or rule.Seatoma Convalescent Ctr v.Dep't ofSoc.& Health Servs.,82 Wn.App.495,518 (1996).Here,the Planning Director's interpretation ofRMC 4-3-110 is entitled to deference. In contrast,the Hearing Examiner's interpretation ofthe City's Urban Separator regulations conflicts with the actual language ofRMC 4-3-110.In his Decisions,the 25 19 Renton Comprehensive Plan,Policy LU-147,p.IX-26. APPLICANT'S APPEAL STATEMENT -10 Giifilii'iiDefr". 2025 First Avenue,Suite 500 Seattle,WA 98l2l-3l40 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 34 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hearing Examiner concludes that the Urban Separator designated portion of the Wilson Park Preliminary Plat site should remain undeveloped.See Attachment 1;see also Attachment 2,Conclusion #1.This effectively means that 100%of the property located within the Talbot Road Urban Separator should be dedicated as non-revocable open space tract.A 100%requirement is notably absent from RMC 4-3-110,and is,in fact,directly contradictory to the 50%dedication requirement found in RMC 4-3-110(E)(2)(a).A legislative body is presumed not to include unnecessary language when it enacts legislation.See Davis v.State ex rei.Dep't ofLicensing,137 Wn.2d 957,969 (1999)("A fundamental canon of construction holds a statute should not be interpreted so as to render one part inoperative.");Judd v.Am.Tel.&Tel.Co.,152 Wn.2d 195,202 (2004)(no portion of a statute shall be rendered meaningless or superfluous through interpretation). A statutory interpretation that conflicts with a statute is given no deference.Nelson v. Appleway Chevrolet,160 Wn.2d 173,184 (2007).Here,the interpretation ofRMC 4-3- 110(e)(2)(a)put forward by the Hearing Examiner conflicts with its 50%dedication requirement,or,at best,renders it inoperative.Thus,it must be rejected. C.Without the Limitation in the Planning Director's Code Interpretation,the City's Urban Separator Regulations May Violate RCW 82.02.020. Washington courts have looked critically at regulations that impose across-the- board open space requirements or clearing limitations that are not directly related to the level of development or impacts created by a specific development proposal.See,e.g.,Isla Verde Int'l Holdings,Inc.v.City ofCamas,146 Wn.2d 740,759 (2002)("Isla Verde") (where Supreme Court rejected an ordinance that imposed a 30%open space requirement APPLICANT'S APPEAL STATEMENT -11 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 35 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on all proposed subdivisions);Citizens'Alliance v.Ron Sims,145 Wn.App.649 (Div.1, 2008),cert.denied,203 P .3d 378 (2009)("Citizens'Alliance")(where the Court of Appeals held a King County ordinance that limited clearing on rural property to a maximum of 50% violated RCW 82.02.020).Those courts have invalidated such regulations as a violation ofRCW 82.02.020,a statutory prohibition on any "tax,fee,or charge,either direct or indirect,"on the construction or reconstruction of buildings or on the development,subdivision,classification,or reclassification of land.The Urban Separator open space requirement,particularly if imposed on the Wilson Park Preliminary Plat parcel without the limitation identified in the Planning Director's code interpretation, would run afoul ofthe legal limitations discussed in Isla Verde and Citizens'Alliance. The Talbot Road Urban Separator Code Interpretation,applying the Urban Separator open space requirement on only that portion ofthe parcel located within the Urban Separator zone,strikes a more appropriate and reasonable limitation on the requirement that reduces the City's vulnerability in imposing the requirement on parcels such as the Wilson Park Preliminary Plat parcel.Appellant has previously,and continues to,express his willingness to comply with the Urban Separator open space requirement,provided it only applies to that portion of the parcel located within the Urban Separator zone,thus allowing the City to include Modified Lot 12 within the Wilson Park Preliminary Plat approval. APPLICANT'S APPEAL STATEMENT -12 2025 First Avenue,suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 36 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 D.The Modifications to Lot 12 Proposed by the Applicant in his Request for Reconsideration Address the Concerns Raised by the Hearing Examiner in his Original Decision. As summarized in Section III entitled "FACTS"above,the Applicant in his Reconsideration RequeseO sought to address all of the Lot 12 concerns raised in the Hearing Examiner's Original Decision.By modifying the location of Lot 12 and its associated open space area,the Applicant reduced the length of retaining walls required and shifted a wall farther to the east to further reduce impacts to adjoining property owners;reduced visual impacts by replacing a 20-foot retaining wall with two stepped up rockeries 6-feet to 8-feet in height;retained more significant trees;and substantially reduced the amount of grading required within the portion of the site designated Urban Separator.21 Indeed,the Hearing Examiner recognized in his Reconsideration Decision that shifting the location of Modified Lot 12 "does reduce the impact on the properties to the west.'>22 Further,modifications to Lot 12 bring the Wilson Park Preliminary Plat even more into conformance with Community Design Element,Policy CD_1 23 ,which encourages developers to adjusting site plans to preserve slopes,trees,and vegetation. While RMC 4-7-130(C)(1)(B)prohibits the creation ofa lot that primarily has slopes forty percent (40%)without adequate area at lesser slopes upon which development may occur, this prohibition is inapplicable to Modified Lot 12 -it does not have slopes over 40%and 20 See Attachment 5. 24 2J Id. 22 Attachment 1,p.1. 25 23 Renton Comprehensive Plan,Community Design Element,Policy CD-1,p.IV-2. APPLICANT'S APPEAL STATEMENT -13 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 37 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 has adequate area for a house site.Last,there is no provision within the City's regulations that limit the use of retaining walls. In addition to the issues resolved above,the Hearing Examiner's Original Decision,without any analysis or support,raised the appropriateness of the density proposed in the Wilson Park Preliminary Plat application.The lots in the Wilson Park Preliminary Plat range from 4,500 to 13,006 square feet with an overall density of7.99 dwelling units per acre.Staff concluded that the 12-lot Wilson Park Preliminary Plat complied with the City's underlying zoning designation.See Attachment 4 at pp.6-7. Moreover,proposed Lots 8 through 11 are wider than required by the City's regulations (60 feet versus 50 feet)in order to meet the intent ofRMC 4-7-220(C)(4)and Housing Element Policy H-9 24,which recommends larger lots in steeper parts of subdivision sites. Thus,there is no evidence in the record that the proposed density of the l2-lot Wilson Park Preliminary Plat violates the City's applicable development regulations. For these reasons,the Hearing Examiner had no basis in the record or the law to eliminate Modified Lot 12 from the Wilson Park Preliminary Plat approval based on compliance with the City's comprehensive plan policies and code requirements including density,lot dimensions,building standards,open space,and setbacks. V.CONCLUSION For the foregoing reasons,Applicant respectfully requests that the City Council modify both the Hearing Examiner's Decisions,affirm the Talbot Road Urban Separator Code Interpretation issued by the staff on January 14,2010,and approve the Modified Lot 25 24 Renton Comprehensive Plan,Housing Element,Policy H-9,p.VII-8. APPLICANT'S APPEAL STATEMENT -14 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 38 of 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 12 of the Applicant's Wilson Park Preliminary Plat as shown in the Applicant's reconsideration request dated April 6,2010.25 DATED this 1st day of June,2010. GORDONDERR LLP By 'lftI.~rJM1hw.AJay.D IT,WSBA #12~ Megan elson,WSBA #37996 Attorneys for Applicant Robert Wilson 25 25 Attachment 5. APPLICANT'S APPEAL STATEMENT -15 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 39 of 249 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 40 of 249 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 41 of 249 , II EnSgn1J2E?-?SV Together with Baima &Holmberg April 6,2010 Fred Kaufman Hearing Examiner Renton City Hall 1055 S.Grady Way Renton,WA 98057 RE:Wilson Park LUA-09149,PP,ECF Dear Mr.Kaufman: CITY OF RENTON ifJ/l! APR 0 7 20 10 ,r<JO f<\" RECEIVED CITY CLERK'S OFFICE Pursuant to Title IV,Chapter 8,Section 100G of Renton's Municipal code,please consider this letter a request for reconsideration of the April 1st,2010 recommendation to the City Council for approval of the Wilson Park subdivision. The reason for the reconsideration request is that information regarding Lot 12 is available that was not available at the Hearing.At the Hearing,the possibility of flipping Lot 12 and making the open space easement on the west side was raised,however,plans were not available at the Hearing that would show the ramifications of the change.The conceptual grading,drainage,utility and tree plans have now been revised to reflect the change to Lot 12 and are hereby submitted with this letter in support of the reconsideration request. As it turns out,the revision to lot 12 has the following advantages: •The wall along the east property line of Lots 13 through 16,Geneva Court is substantially reduced.Instead of a 200 ft long wall along the property lines,we now have approximately 55 ft of wall. •Two stepped rockeries 6'to 8'in height would follow the alignment ofthe new roadway across the westerly portion of Lot 12.The rockeries would then tum north to allow a 10ft wide ramp access the open space easement on the westerly portion of Lot 12.This allows the retention of most of the significant trees in the open space easement on Lot 12 and substantially reduces the visual impact of a wall to the Geneva Court neighbors. Western Washington Division 165 NE Juniper St.,Ste 201,Issaquah,WA 98027 Phone:(425)392-0250 Fax:(425)391-3055 www.EncompassES.net Eastern Washington Division 108 East 2nd Street,C1e Blum,WA 98922 Phone:(509)674-7433 Fax:(509)674-7419 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 42 of 249 Fred Kaufman Hearing Examiner City of Renton Page two •With the proposed revision,the number of significant trees that will be retained on site is 24,which is only one less than the 25 trees required to be retained.This is a significant increase from the initial proposal of 15 retained trees and will only require the planting of 6 two-inch replacement trees. •The grading on Lot 12 will be substantially reduced as well,leaving most of the proposed open space easement undisturbed native vegetation. Although the primary reason for non approval of Lot 12 appears to be the impact of the 20 ft wall on the neighbors,it appears that a secondary issue is density.While elimination of Lot 12 would reduce the density somewhat,it would not provide that much of an environmental benefit to the site.Lots 8 through 11 are wider than required by zoning (60 ft vs.50 ft)as it was the applicants intent to build nicer (wider)homes on the property than what is the norm by today's standards.By providing wider lots than required by the zoning code,the intent of Section 4-7-220 cA,Renton's Hillside Subdivision code recommending larger lots in steeper parts of the site is met.The requirementto stub a road to the north in it's present location is one that staff considered at length,so with the road location established,and lots 8 through 11 wider than normal, the elimination of Lot 12 would have little beneficial impact to the site.The proposed revision of the open space easement location to the west side of Lot 12 accomplishes the same goal and retains the lot. Thank you for your consideration of this request.Revised plans showing the proposed revision are enclosed for your use and have also been sent to staff. Very truly yours, BAlMA &HOLMBERG,INC. J'~~ Shupe Holmberg,PE PLS Enclosures cc:Jennifer Henning Bob Wilson Steve Beck WSH:bb/09542 Fred Kaufinan 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 43 of 249 April 1,2010 Minutes OWNER/APPLICANT: CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: PUBLIC HEARING: OFFICE OF THE HEARING EXAMINER CITY OF RENTON Robert Wilson 21703 60th Street East Lake Tapps,WA 98391 Shupe Holmberg Baima & Holmberg Inc. 100 Front Street Issaquah, WA 98027 Wilson Park Preliminary Plat File No.: LUA 09-140, PP, ECF 720 South 55th Street Applicant is requesting approval of a Preliminary Plat for the subdivision of 2.5 acre parcel to encompass 12 lots and 3 tracts for open space. Development Services Recommendation: Approve subject to conditions. Staff Report was delivered to the Hearing Examiner on March 9,2010. After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 16, 2010 hearing. The legal record is recorded on CD. The hearing was opened on Tuesday, March 16, 2010, at 9:32 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 44 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 2 Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Preliminary Plat Map Exhibit No. 5: Generalized Utilities/Drainage/ Control/Conceptual Grading/Landscaping Plan Exhibit No. 7: Wall Profiles & Cross Sections Exhibit No. 9: Zoning Map Exhibit No. 11: Street Modification Letter, dated November 10, 2009 Exhibit No. 13: Map Showing Urban Separator Areas in the Talbot Area of Renton Exhibit No. 15: Planter Strips for Sidewalks Exhibit No. 17: Right of Way Papers for 55th Street Exhibit No. 19: Aerial Photo of Existing Area Exhibit No. 2: Vicinity Map Exhibit No. 4: Boundary/Topography Map Exhibit No. 6: Road Profile Exhibit No. 8: Tree Inventory Exhibit No. 10: Administrative Policy/code Interpretation Affecting Urban Separator Overlay Regulations, effective January 14, 2010 Exhibit No. 12: Plat Map Showing All Zoning Designations Exhibit No. 14: Generalized Utilities and Drainage showing the Retaining Walls Exhibit No. 16: Large Sheet Showing Most Recent Drainage and Grading Plan with the Retaining Walls Exhibit No. 18: Existing Easement Document for the Smithers Emergency Access Roadway Exhibit No. 20: Going Native Brochure The hearing opened with a presentation of the staff report by Jennifer Henning, Current Planning Manager, Community and Economic Development Division, City of Renton, 1055 S Grady Way, Renton, Washington 98057. The proposed project is a 2.5 acre site, the nearest access street is South 55th Street. The access street is very steep and has several serpentines with a speed limit of 25 MPH. This site has been constrained by trying to get access to it due to the steep slopes. There also have been some difficulties due to City Code because of the Urban Separator Overlay and all the various zoning designations. The final plat has gone through several revisions to meet all requirements, this presentation today has 12 lots suitable for the development of single-family residential homes. There are three open space tracts, Tracts B, C, and D. There is no Tract A. Tract B is greater than a 40% slope and as such is a protected area that cannot be touched. Tracts C and D are open space areas and are split by the zoning designation. R-l zone is on the west side and R-8 zone is on the east. All open spaces are considered reserved areas and would be planted with trees by the applicant. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 45 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 3 Part of Lot 12, to the north is within the R-l zone, a portion of this lot would have an easement overlaying it to be considered open space that satisfies the Urban Separator requirements. It is not a separate Tract, but an area that will have an easement over the top. The remainder of the lots in the plat are between 4,500 and 6,270 square feet. There is a lot of topography on the lots and in order to develop the lots there would need to be some retaining walls constructed. The walls would vary in size from 12-20 feet in height. One retaining wall would be located on the eastern border of Lot 7 and the other would be located on the western border of Lot 12. The retaining wall on the east side would be either poured concrete or soil nail composition; the wall on the west side would be poured concrete or stabilized soil. The walls abutting the property both to the north and the west will have some impact to the property owners at least during construction and perhaps during maintenance. The applicant has been required to secure both construction and maintenance easements. The plan is to terrace those walls and landscape them, it has been requested by Staff that those walls be maintained by the Homeowner's Association. The applicant would like to see the individual homeowners maintain the walls in their particular lot. The Environmental Review Committee issued a Determination of Non-Significance - Mitigated with eleven mitigation measures. No appeals were filed. The project is compliant with both Zoning Code and the Comprehensive Plan policies. The density of the proposed plat is 7.99 dwelling units per acre. All lots comply with the minimum width and depth. The plat would be accessed via a new street that would extend from S 55* Street. It would be a 50-foot right-of- way and enters into the plat, makes a curve and becomes S 53rd Place. It eventually ends in a "T" that will eventually extend to the north and south property lines with a gated emergency access at the south property line. All on-site roads will be dedicated rights-of-way. Because of the restraint in this plat, it would be required to have sidewalks and planting strips on one side of the roadway. The sidewalk and planting strip would be located along the west side of the street coming into the plat. There also would be a sidewalk and an 8-foot wide planting strip on the north side of South 53rd Place. The planting strip would be 5 feet wide along the north/south interior road. A tree inventory plan has been submitted, currently there are 101 trees on site, of those 25 must be retained. The applicant has stated that they can only retain 15 trees. The applicant has proposed 60 trees to be planted primarily in the open space areas (Tracts C and D as well as the open space area that is part of Lot 12). Staff has asked for a split rail fence to define these areas. A goal of the Urban Separator is to create corridors of open space for wildlife to roam through. There are only two areas of the City where the Urban Separator applies, the Talbot Hill Area and May Creek. In Talbot, the Urban Separator slices through the hill and takes just portions of the property and this is why Lot 12 has been designed with the open space that will be surrounded with a split rail fence. Police and Fire have indicated that there are sufficient resources to serve this area. The project is located in the Renton School District and they do have sufficient room for the projected new students. This project would be subject to School Impact Fees. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 46 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1,2010 Page 4 There have been some letters sent to the City of Renton concerning the safety on S 55 Street and the new driveways that would be taking access onto that street. A safety evaluation was done and it was determined that the roadway was safe based on a higher speed than what is currently allowed on S 55 Street. A drainage report was completed and showed that the parcel to the east drains onto this site and runoff from this site flows to the west into Geneva Court, this flow collects in a drain and flows into the storm system located in the road inside Geneva Court and finally flows into Springbrook Creek. The drainage vault for this project would be located under the roadway with an easement for maintenance. The opening to the vault would not be located in the roadway, but placed into the landscaping or sidewalk areas adjacent to the vault. There has been vandalism where the grates have been removed which creates a grave traffic safety issue. Water service would be provided by Soos Creek, the Certificate of Water Availability has been issued for this site. Sewer service would be provided by the City of Renton with a minimum 8-inch diameter extension required. The public streets would become part of the City System with the exception of the emergency access road. It was requested that a 9th Condition be added indicating that the grate covering the drainage vault be located in the sidewalk or the landscaping. A 15 Minute Recess was taken. The Hearing Resumed at 10:31 am. Shupe Holmberg. 165 NE Juniper Street, Issaquah 98027 stated that if the proposed plat is approved subject to the recommended Staff conditions they believe that the public's interest in safety and welfare would be met. Condition #5 calls for the Homeowner's Association to maintain the retaining walls. It would appear to the applicant that the individual homeowners should maintain those walls within their own respective lots. That would involve Lot 7 and 12. The Drainage and Grading plan that was shown today is not the latest version. The north wall would still be a 5- foot high retaining wall. On the east portions of Lots 4-7 there would be two staged rockeries that would be 2 to 6 feet in height with the highest part being at the north end. The retaining wall on the west side is the same on both plans. The retaining wall on Lot 12 would be approximately 20-feet tall. There would be a fence on top of the 20-foot wall. Since the 20-foot wall does cover several parcels, it might be best if the Homeowner's Association would maintain that particular wall. In the drainage report it does state that the runoff from the site currently runs through Geneva Court. The proposal for this site is to pick up the drainage, pipe it to the detention vault within the off-site roadway and discharge that to the roadside ditch on S 55th Street. Any drainage impacts to Geneva Court would be lessened, no drainage from this site would go to Geneva Court. The 2009 King County Stormwater Manual would apply to installation and operation of the vault. Each individual lot will have a connection and drainage would be piped directly to the conveyance system. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 47 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 5 The emergency access to the site would be paved. Some cut and grading will take place along the road and adjacent lots. Vincent Geglia. 11410 NE 124th St., Ste. 590, Kirkland 98034 stated he had an aerial photo of the site and surrounding areas. The new public road off of S 55th Street to the site was pointed out showing that the new interior road, S 53rd would hit just on the outside corner of the curve giving the optimum sight distance looking in both directions on S 55th. The site distance does meet the City of Renton requirements. Paul Witt. 617 S 53rd PI, Renton 98059 stated that he lives in Geneva Court, Lot 13. He is not opposed to this project, but does want to make sure that any project in the area is done correctly and safely. This is a challenging project, from his front porch up to the far side of this new site, it is over 110-feet in difference. His concern is to make sure that the retaining walls along the west side are done correctly, he still feels a little vague about exactly what materials are being used to create these retaining walls. He was further concerned about the terminus and vagueness of how far the wall at his corner lot would continue. Going into his back yard and looking up, there would just be a 20-foot wall going straight up, how is that going to look. At that location, the road would be above grade. That roadway could be prone to accidents especially in the snow and ice. He would prefer to see the maintenance kept with the Homeowner's Association, it sounds great on paper, however, in reality it most likely will not get done. It seems strange to have a Homeowner's Association responsible for something built on City property. The vault that they are responsible for is not on any property they have vested interest in, it is on a City right-of-way on a dedicated street. It would stand to reason that the engineering would be strong enough to hold large vehicles. Steven Beck. 4735 NE 4th Street, Renton 98059 stated that he is the manager of Amberwood LLC and consultant for Wilson Park Preliminary Plat before the Hearing Examiner today. Lots 4, 5, 6, and 7 to the east will have a rockery on their site. He was involved with the Cherie Lane plat several years ago and recently brought plans to a meeting showing how rockeries and vegetation was handled in the Cherie Land. It was not pretty. They did not want that on this site, so everywhere they can, even on the west side to try to step up and do rockeries and vegetation, it looks much better and is better for the environment. On Lots 4, 5, 6, and 7 where there is approximately a 120-foot depth, the plans include a garage under a two story basement with decks off the main floor. These plans were used in Cherie Lane and worked very well. With that house plan, the back yards can be tiered up with 4-6 foot rockeries at a time and use vegetation on them. Lot 12, they have discussed how to do that, possibly sloping the hill up slowly to the building pad. If a wall is used, it would have to be textured or soil nail used, but the end product would have to look good. Kavren Kittrick. Community and Economic Development stated that Geneva Court has a north connection, a small bit of right-of-way that was reserved for future use. Rockeries four feet and over must be structurally engineered. They require a separate building permit and a separate inspection, there is a special inspection required with a structural engineer on site at the time of the inspection. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 48 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1,2010 Page 6 The Examiner stated that the road is pretty much at the south end of the retaining wall leaving no room to create terraced or sloped retaining walls. Ms. Kittrick stated that her concern is that could be a focal point for erosion, she will instruct her staff to pay particular attention to that area. If the wall stops right there, something will have to be placed there to protect the area. The wall and transition would be required to meet building standards. S 55th ideally would be required to have sidewalk, curb and gutter. The problem is that is a third party property and therefore if there were to be any improvements through there it should be associated with designs to accommodate what may be developed on that property. There have been inquiries on that property and it will happen at some time. It is also possible that S 55 should be something that the City is looking at as a general overall plan as opposed to putting it on each individual property. They are not prepared to do that today, but it is on their agenda. Road A will either be called Smithers or Morris, it has not been determined as yet. The preference at this point is to call it Smithers. The north/south connection from S 53rd to S 55th will be subject to traffic and building requirements. The sidewalk is situated next to the slope and will require a pedestrian level barrier or guard rail of some type. There is a possibility that the school bus may pick up children on S 55th that has not been established as yet. The drainage with the walls must meet the 2009 Manual requirements. The vault would be located in the dedicated right-of-way and the grate would be placed outside the traffic right-of-way. The sewer line would run down S 55th Street. Because of the protected area on Lot 12, they can only clear 35%. It seems it may be complicated to build the wall, do the grading and remain at less than 35%. They will also need the permission of Mr. Witt and any other neighbors prior to building this retaining wall. Her opinion is that the maintenance of that particular retaining wall should be spread over the whole group in a Homeowner's Association. That particular wall on Lot 12 is in essence holding the entire plat in place. It might have to be in an easement where all the property owners have an undivided interest, which may be stronger than putting it on the Homeowner's Association. There could be a possibility of flipping Lot 12 and making the open area next to the retaining wall rather than the house. Mr. Holmberg stated that he had a Geotech engineer present, but did not have a structural engineer in the room today. The Examiner asked if this wall could be built without disturbing the properties to the west. Permission would be needed to shore it up as it is being built or the piles being driven from the top for the soldier walls and then doing what was necessary. Mr. Holmberg stated that technically they could build the wall on Lot 12 with no off-site easements. It would be a fill behind the wall. It will have impacts on the four lots in Geneva Court because it is going to be a large wall in their backyard. They did look at putting the building area on the west side of Lot 12, there was less of a building envelope doing it that way, but they could revisit that possibility. It could also be a condition that they work with the homeowners of Geneva Court to try to address some of the visual impacts of that wall. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 49 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 7 They are proposing larger lots in this development because of the retaining walls and rockeries that are necessary because of the steep slopes. Lot 12 is a difficult lot. Moin Kadri. 19213 Kenlake Place NE, Kenmore 98028 stated the soil investigation that was done found the soil in that area to be a glacial till and generally has a fairly high sheer strength. If the foundations are built on that native material that can withstand the bearing capacities and even a retaining wall. The report has options for three different types of retaining structures, in this type of environment, taking care of drainage is very important. The Examiner stated that he had some concerns with the retaining wall, its length and height and its affect on the properties to the west as well as supporting anything built on Lot 12. He may impose another condition for Lot 12, in that if it can be built it can be built, but it may actually yield to the Urban Separator. These are steep slopes and adjoin other people's property, there are a lot of things involved in making sure it is done safely without jeopardizing anybody on this site or adjacent sites. Ms. Henning checked on the requirements for a Hillside Subdivision. Lots are required to be larger than the minimum size. Erosion control, grading and Geotech information seem to be the criteria. This is a difficult site, the applicant has been very responsive in working with the City. The remaining concerns would be how clearing would be accomplished on Lot 12 in order to preserve the number of trees required and accommodate all the improvements. There will be export from the site which does not seem to be severe. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 11:36 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Robert Wilson, filed a request for an approval of a Preliminary Plat for the subdivision of a 108,884 square foot (2.5 acre) parcel in the R-l, R-8 and R-14 zones and in the Urban Separator Overlay. The original proposal encompassed 13-lots and 4-tracts (for open space and storm detention). The revised proposal encompasses 12-lots and 3-tracts (for open space). 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non-Significance - Mitigated (DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 720 South 55th Street. The subject site is located north of 55th and does not front directly on that street. The subject site is east of Talbot Road South and is generally south of 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 50 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1,2010 Page 8 Valley Medical Center and directly south of the eastern portion of the Sikh Temple site. An existing home is located on the eastern end of the parcel. That home would be removed if the plat is approved. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of a variety of residential uses ranging from low density to medium density uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-l (Single Family - 1 dwelling unit/acre), R-8 (Single Family - 8 dwelling units/acre) and R-14 (medium density -14 units/acre). The R-14 portion is only about 10 feet wide. 8. The subject site is also subject to the Talbot Road Urban Separator Overlay requiring preservation of a corridor of open space. The overlay is located near the westernmost portion of the subject site and is the portion zoned R-l. It is approximately 23,795 square feet. An Administrative Interpretation found that only 50 percent of the area defined by the urban separator rather than 50 percent of the entire site should be restricted to open space use. 9. The subject site was annexed to the City with the adoption of Ordinance 3268 enacted in December 1978. 10. The subject site is approximately 2.49 acres or 108,884 square feet. The rectangular subject site is approximately 207 feet wide (north to south) by 510 feet long. The southwest corner of the subject site is approximately 290 feet north of South 55th. 11. The subj ect site slopes downward over 110 feet from approximately 370 feet in the northeast corner of the site to approximately 254 feet at its western boundary. The slopes range from 13 percent 39 percent with an area exceeding 40 percent east of the southwest corner of the site. Slopes exceeding 40 percent are designated as protected slopes. 12. The site's sloped topography means the site falls within the definition of a Hillside Subdivision. Larger lots and decreased density are permitted in Hillside Subdivisions. 13. The applicant proposes grading the subject site to create building pads for homes as well as appropriate grades for roads to and through the site. The applicant proposes approximately 17,000 cubic yards of cut and approximately 6,000 cubic yards of structural fill. 14. The tree inventory showed 101 significant trees on the subject site. Code requires the retention of 25 trees whereas the applicant proposes retaining 15 trees. The replacement ratio is six (6) trees for each one removed that should have been retained. Sixty new trees would be planted mainly in the open space corridors. Additional street trees would be required 15. Access to the subject site would be provided via a new public roadway that connects S 55th with the subject site across a neighboring, third-party property. This south to north roadway would be paved to a width of 26 feet and have an eight foot planter strip and a 5 foot sidewalk on its west side. It would connect to a new roadway, Road A, through the site that would curve to the east and end in a T- intersection with another north-south road, Road B. This Road B would extend to the north and south 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 51 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 9 property lines. The north leg would eventually connect to properties north of the subject site. The south leg would connect to a secondary, gated emergency access easement that connects to S 55th. The emergency road would have 20 feet of paving. Road A, the main road through the site would have a public right-of-way 42 feet wide and would continue the sidewalk on its north side. A modification to reduce Road A to less than 42 feet was denied. 16. The applicant proposes dividing the subject site into 12 lots and 3 tracts (labeled Tracts B, C and D - there is no Tract A). The three tracts are located south of Road A as you enter the plat from the west, followed by Proposed Lots 1,2 and 3. Proposed Lots 4-7 are located along the eastern edge of the plat, east of Road B. Proposed Lots 8-12 are located along the north side of Road A. Tract B would encompass the critical slopes. Tracts C and D would be open space areas. As initially proposed the eastern portion of Proposed Lot 12 would be an open space easement as it is governed by the Urban Separator overlay. 17. The lots would range in size from 4,500 square feet to 13,006 square feet. Most of the lots would be between 5,400 square feet and just under 6,000 square feet. The different zones have different development standards. Proposed Lots 1 -11 are subject to the R-8 standards. Proposed Lot 12 is subject to the R-l standards. There are actually no lots subject to the R-14 standards. Staff noted that the proposed lots appear to meet the appropriate zoning standards. 18. The applicant proposes installing a number of rockeries along the north and east side of the plat to terrace the lots and provide more level building pads or yard areas. These rockeries will vary in height. The initial plans show them as 5 and 6 foot rockeries. 29. The applicant proposes a tall retaining wall along the western boundary of the subject site adjacent to the four (4) lots of the adjacent Geneva Court Plat. The wall will be twenty (20) feet tall. Walls or rockeries will also be provided along the entry road from S 55th to provide suitable grades for a road in the steeper slopes. 20. Construction of walls or rockeries along property lines may require cooperation and even construction easements from adjoining property owners. The applicant cannot enter upon or injure neighboring properties without legal consent. The ERC imposed conditions to address the visual impacts of the large retaining structures. 21. The three zoning districts each have their own density standards and staff calculated that they all comply with their underlying standards. The overall density for the plat would be 7.99 dwelling units per acre after subtracting sensitive areas and roadways. 22. The subject site is located within the Renton School District. The project is expected to generate approximately 5 or 6 school age children. These students would be spread across the grades and would be assigned on a space available basis. The proposal is subject to the Renton School Impact fee. 23. The development will increase traffic approximately 10 trips per unit or approximately 120 trips for the 12 single family homes. Approximately ten percent of the trips, or approximately 12 additional peak hour trips will be generated in the morning and evening. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 52 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 10 24. There was concern about traffic and sight distance issues where the plat's access road intersects S 55th. Accidents along this roadway have been reported, including a fatality. The traffic analysis indicated that there is adequate sight distance on this area of the curving, hilly street. S 55th and the access to the plat may be impaired in inclement, snowy weather. 25. Stormwater from the east drains onto the subject site and then west toward Geneva Court where it is collected and conveyed to 53rd and Talbot. This stormwater will be collected on the subject site and conveyed to an off-site detention vault located under the western roadway that connects the plat to S 55th. The project will have to comply with the 2009 King County Stormwater Manual. 26. Sewer service will be provided by the City. 27. Water service will be provided by the Soos Creek District. CONCLUSIONS: 1. While the division of the subject site into additional lots appears to serve the public use and interest, the twelve lot plat is excessively dense. The proposed plat attempts to maximize the density limitations of the subject site and it does so by sacrificing too much of the natural terrain of the property, particularly, the area designated by the Talbot Urban Separator Overlay. Not only does it sacrifice the natural slopes but it would impose a huge 20 foot tall retaining wall on its neighbors creating an aesthetic blight in the rear yards of four separate homes. Rather than blend this plat's terrain with its western neighbors, it creates an obstacle to neighborliness. Staff calculated that the plat would achieve a density of 7.99 dwelling units per acre. That certainly approaches the permitted density of 8 dwelling units per acre, the upper range, of the R-8 including what should be an R-l dwelling where the lot size is ordinarily one (1) dwelling unit for an over 43,000 square foot area. The Hillside Subdivision regulations suggest reducing densities on steeper properties. The comprehensive plan suggests making use of the natural contours of a site rather than substantially altering them. The applicant will be substantially altering the grades and slopes of a majority of the property, particularly the easternmost lots. It will also be substantially altering property on either side of the new road connecting the site to S 55th. It does not serve the public use and interest to further alter or damage the natural contours along the westernmost, Urban Separator portion of the property, in addition to the other alterations necessary to develop this otherwise substantially constrained parcel. Proposed Lot 12 and Road A are proposed to occupy too much of what should be protected property. Eliminating Proposed Lot 12 will also reduce the potential issues of a 20 foot wall holding up a large area of slope behind the existing Geneva Court homes. Proposed Lot 12 should be eliminated from the plat and its natural features and slope preserved. 2. An eleven lot plat will serve the public use and interest even though it will still substantially alter the terrain of the site and require engineered rockeries or walls along the road and easternmost lots. It will create eleven new parcels that can provide additional housing choices for residents of the City. It apparently can be served by urban services including domestic water and sewer and storm water. It appears that the stormwater can be contained or controlled by inline systems and an off-site vault under the new road. The access to the subject site might preclude access during inclement weather but it is not the only area subject to such constraints as hilly terrain and steeper roads are the only means of accessing certain parcels. Staff reviewed the traffic report and it appears that while the new access road will be steep it can meet engineering standards and its intersection provides reasonable sight distance for 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 53 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 11 all turning directions. 3. The applicant will be providing mitigation fees to offset some of its impacts on emergency services, traffic, parks and schools. The development of eleven new lots should also increase the tax base of the City. The provision of Road B, the eastern north-south road will provide secondary access for emergency vehicles to the south and a potential connector to the north so that if additional development occurs north of the subject site through access might be available on public roads. A sign should be installed warning potential residents that Road B might be a through road with additional traffic in the future. 4. The Zoning, Comprehensive Plan and Urban Separator all recognized that this site would have additional development potential. The development of the subject site will obviously increase traffic on a steep, serpentine road. It will also introduce what should be short-term construction noise and impacts as well as the permanent additional impacts of an increased population on a parcel which now only supports one home. 5. In conclusion, while the development of the subject site was envisioned by the City's Zoning and Policies, the site is also severely constrained by topography and access limitations. Reducing the density by one lot will not unduly limit development of the site, still provide additional housing choices and also retain some of the natural features that the comprehensive plan and the urban separator intended to protect. Reducing the density by one lot will also protect neighboring properties from severe disruption along their eastern boundaries and protect them from an unsightly 20 foot tall wall. RECOMMENDATION: The City Council should approve an ELEVEN LOT plat of the subject site subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non-Significance - Mitigated that was issued by the Environmental Review Committee on February 22, 2020 for Project File No. LUA-09-140, ECF, PP. 2. The applicant shall apply for a demolition permit, remove the existing residence and complete final inspections of the demolition prior to plat recording. 3. A Native Growth Protection Easement (NGPE) shall be recorded over all of Proposed Lot 12 and Tracts B, C, and D and Lot 12 shall be eliminated. The edge of the NGPE shall be delineated with a split rail fence and identified with signage as approved by the Planning Division project manager. A fencing and signage detail shall be submitted to the Planning Division project manager for review and approval at the time of construction permit application. The fencing and signage shall be installed prior to recording the final plat. 4. The applicant shall be required to plant replacement trees as indicated on Exhibit 8 prior to recording of the final plat. 5. The applicant shall establish a Homeowners Association for the maintenance of the NGPE and the 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 54 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1, 2010 Page 12 stormwater vault and each home shall have an undivided interest in the western retaining wall or walls along the road and if Lot 12 is ultimately approved provide the appropriate documents for the review and approval of the Planning Division project manager prior to recording of the final plat. 6. A note shall be placed on the face of the plat which indicates that Lots 3 and 8 shall be oriented to take access from proposed Road A. 7. The applicant shall place signs at the northerly terminus of proposed Road B which alert future property owners that this road may be extended to the north should future development warrant such an exte4nsion. These signs shall be installed prior to recording of the final plat. 8. The applicant shall obtain any necessary construction and maintenance easements for the retaining walls and the stormwater vault subject to review and approval by the City Attorney. 9. The grate covering the drainage vault shall be located either in the sidewalk or the landscaping. 10. All retaining wall, rockeries and transitions shall meet the building standards. ORDERED THIS 1st day of April 2010. On— FRED J. KAUFMAN HEARING EXAMINER TRANSMITTED THIS 1st day of April 2010 to the parties of record: Jennifer Henning Development Services Renton, WA 98057 Shupe Holmberg Baima & Holmberg 100 Front Street Issaquah, WA 98027 Moin Kadri 19213 Kenlake Place NE Kenmore, WA 98028 Robert Thomas 18833 102nd Ave SE Renton, WA 98055 Kayren Kittrick Development Services Renton, WA 98057 Vincent Geglia 11410NE124tllSt, Ste. 590 Kirkland, WA 98034 Ravinder & Jasbir Aluwalia 730 S 55th Street Renton, WA 98055 Michael Link 19249 98th PlaceS Renton, WA 98055 Robert Wilson 21703 60th Street East Lake Tapps, WA 98391 Paul Witt 617 S 53rd Place Renton, WA 98055 Steven Beck Amberwood LLC 4735 NE 4th Street Renton, WA 98059 Quang Dang & Kim Duong 623 S 53rd Place Renton, WA 98055 Khanh Nguyen Steve McNamee 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 55 of 249 Wilson Park Preliminary Plat File No.: LUA-09-140, PP, ECF April 1,2010 Page 13 616 S 53rd Place 701 S 52nd Street Renton, WA 98055 Renton, WA 98055 TRANSMITTED THIS 1st day of April 2010 to the following: Mayor Denis Law Dave Pargas, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts, Development Services Stacy Tucker, Development Services Janet Conklin, Development Services Marty Wine, Assistant CAO Renton Reporter Pursuant to Title IV, Chapter 8, Section lOOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 15,2010. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title TV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $250.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., April 15,2010. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 56 of 249 Project Location: 720 South 55th Street Project Location Map LUA09-140, ECF, PP 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 57 of 249 EXHIBIT 9 ZONING MAP.BOOK PW TECHNICAL SERVICES PRINTED ON 13/3/09 J3-06T22NR5EE1/2 leKof the Mcinn. Qt^of^ --^"iteaiMEt® 13 1-A.BOa 31T23NR5EE1/2 S331 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 58 of 249 * 1-! ?!|! is EXHIBIT 5 *©|tfe: I- J -- •-•-——x-—- — 5 7f. ‐ City Clerk reports appeal of Hearing Examiner's decision regarding  the Wilson Park Preliminary Plat by Robert Wilson, accompanied by  Page 59 of 249 ITT! h o 10 PORTION OF THE SE 1/4 OF SEC. 31, TWN, 23 N., CITY OFRENTON, WASHINGTON RNG 5 E., WM fDUND 5/B' H£W k GV - TCP5 2233Q" wiorr t mm mm urn mm imnr E, UKE WTI, IM i«f r {iv) m-uu 5|K*WPWIP.J us HE mm it, iwir m RMWjt IM mtr im) m-vm WMCTLJ or irair rw m trwt, At msma wrcw mmm m mumis, mroma w mm cuwrr imrns if TIC OTT or wmw, RMITT OF Km, Jinn OF *uw«iwt 'mruirfJiim-fiii JH5H OF WMMMj •nmnr JTOJTI HDKMJWE KBWwriwnwKrrajf E^ OF ram ma u (im (io iiHojwinj; niwr ir^ w=a n-i*. 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JuiaBHuaaiHa nrrtrnorrHt cmnra. rwrr IOT inrr owr ran ir or tnnnnnw ™- r t- >•_> HH im MfngT *** " «n«w(r c«r RJWH *r wr immnnw rut WTPF nonwf cwnw. nw imt WIWTIT, rMnmta m HWMMT BWHiro ™ won IDWD remit » unir TPB jffl WKMIHT WAHIEJ TO rvfftr IWMO rernn * imir m fp mr cirfpr ffCTfPW S3 Ml Ml H 7 f .   ‐   C i t y   C l e r k   r e p o r t s   a p p e a l   o f   H e a r i n g   E x a m i n e r ' s   d e c i s i o n   r e g a r d i n g   t h e   W i l s o n   P a r k   P r e l i m i n a r y   P l a t   b y   R o b e r t   W i l s o n , a c c o m p a n i e d   b y   P a g e 6 0 o f 2 4 9 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Clean Economy Strategy Meeting: Regular Council - 28 Jun 2010 Exhibits: "Clean Economy Strategy" Scope of Work Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Alex Pietsch (x 6592) Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 35,000 Transfer Amendment: $35,000 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 35,000 City Share Total Project: $ 35,000 SUMMARY OF ACTION: An allocation of $35,000 of unallocated fund balance is required to allow the City to develop of a "Clean Economy Strategy." Once complete, this strategy will develop recommendations that, if enacted, will save the City money and resources, meet state mandates, help secure federal and state funding, and support and attract a thriving business community. This strategy will position the City to take advantage of opportunities related to energy efficiency investments, greenhouse gas (GHG) emissions markets and regulations, and the emerging "clean, green economy." Many cities have already developed sustainability strategies that establish their GHG emissions baseline and sets goals for reducing the environmental footprint of their activities. While this effort will do that, it will also recommend ways that Renton can position further "Ahead of the Curve" by identifying opportunities to set the City apart in this area, making it more competitive for state and federal grants. With a $62+ million in unfunded projects in the 2011-2016 Transportation Improvement Plan alone, Renton must do everything it can to help position its projects in the extremely competitive grant process. While some mandates for GHG reduction policies already exist, more are likely on the way. This strategy will help the City justify its projects in these areas. Additionally, the strategy will help Renton promote environmentally friendly development and recruit clean energy companies. STAFF RECOMMENDATION: Authorize the appropration of $35,000 of unallocated fund balance to the Department of Community & Economic Development for the development of a Clean Economy Strategy. This budget amendment will be included in the upcoming 2nd Quarter Budget Amendment Ordinance. 7g. ‐ Community and Economic Development Department requests  authorization to amend the 2010 Budget to allocate $35,000 from the  Page 61 of 249 Proposal for a Comprehensive Clean Economy Strategy for the City of Renton Cascadia Consulting Group 1 Developing Renton’s Strategy for Clean, Green Economic Growth Cascadia Consulting Group is pleased to submit this proposal to assist the City of Renton develop a clean economy strategy to save money and resources, meet state mandates, help secure federal and state funding, and support and attract a thriving business community. This strategy will position the City to take advantage of opportunities related to energy efficiency investments, greenhouse gas (GHG) emissions markets and regulations, and the emerging “clean, green economy.” Fundamentally, this strategy is designed to help Renton compete and thrive in a future that will be more resource-efficient; that will rely on clean and renewable energy sources; and that will require governments, businesses, and citizens alike to minimize pollution and waste. Renton’s actions will produce savings in its own operations, help residents and business become more efficient, and support the city’s continued economic development. Renton has already taken many actions to be competitive in this arena, for example, by being a leader in commute trip reduction and in recycling. Now, with its federal ARRA grant funding, the City will take the next step through its energy efficiency, clean mobility, smart grid, and community engagement initiatives. This proposed strategy will integrate these initiatives with Renton’s economic development program and will also recommend actions that can reduce operating costs for both the City and its businesses and residents. This clean economy strategy would enable the City to: • Reduce operating costs for both the City and the community, through energy- and materials- saving measures in municipal operations, businesses, and neighborhoods. • Meet state mandates, qualify for funding opportunities, and be ready for greenhouse gas regulations and markets through tracking and reporting its fleet emissions, understanding its GHG impacts, and taking cost-effective steps to reduce emissions and save energy. • Capitalize on opportunities for funding and investment, including federal grants, state infrastructure funding, and other investments in the region, such as the $20+ million for electric vehicle infrastructure. • Identify new initiatives for a competitive, clean local economy and fulfill Renton’s commitment to be “ahead of the curve.” Taking action on energy efficiency, clean mobility, and sustainability will position Renton to attract businesses, residents, and funding and will prepare the City for future economic and regulatory changes. Cascadia Consulting Group will deliver the results Renton needs. We offer: • Solid understanding of how to move local governments from good ideas to action. For 15 years, we have worked alongside local governments to implement resource conservation solutions. We understand operations and the broader context of energy policy. From research and assessment, to program implementation and evaluation, we can help you capitalize on energy-saving opportunities today. 7g. ‐ Community and Economic Development Department requests  authorization to amend the 2010 Budget to allocate $35,000 from the  Page 62 of 249 Proposal for a Comprehensive Clean Economy Strategy for the City of Renton Cascadia Consulting Group 2 • GHG inventory and climate policy expertise. We are recognized leaders in designing customized tools for emissions baselines using the latest standards and protocols. Our careful monitoring of current climate policy provides the information Renton needs to stay ahead of future regulations and comply with current state rules, including Washington’s requirement for reporting emissions from fleet vehicles. We can identify actions that will pay for themselves in the short term and continue to yield benefits for years to come. • Greener businesses expertise. We work hand-in-hand with businesses to conserve resources, reduce waste, and achieve sustainability. We’ve offered services through Seattle Public Utilities to assist Seattle businesses to begin food waste collection for composting, improve recycling, conserve water, and reduce carbon emissions. We’ve also partnered with retailers, hotel chains and more to develop customized strategies that enhance clients’ overall sustainability, while strengthening their long-term economic advantage. We understand the types of incentives and support that green businesses seek. • A track record of providing hands-on support to help clients achieve measurable results. Cascadia moves clients through planning to action, implementation, and beyond. Through education, trainings, tools and technical assistance, we provide employees and citizens with the know-how to make a difference. Our Approach The heart of our approach is a concurrent analysis of the City’s internal and external situations. We will assess major regional and federal opportunities, trends, and drivers around energy, climate, and economic development, and we will analyze Renton’s relevant internal programs and constituent policies, including preparing a baseline GHG inventory. We will then develop an action strategy with recommendations to build on existing efforts, address key areas where progress is needed, and capitalize on the developing green economy. Our work will begin with a kick-off meeting to confirm the City’s objectives and the scope of our effort. Task 1: Kick-off Meeting and Work Plan Development We will begin by meeting with City staff to review Renton’s core economic development strategies, ARRA grant initiatives, and other recent activities in energy efficiency, clean mobility, and related areas. This meeting will help us to understand the perspectives shaping Renton’s economic development strategy and identify key issues and drivers for the project, make key decisions regarding the greenhouse gas inventory baseline year, boundaries, and data collection process, as well as to meet staff, confirm project objectives, brainstorm opportunities, and establish plans for communication and information sharing. Deliverables:  Facilitated strategy meeting with key City staff  Brief memo summarizing findings, agreed-upon scope, schedule, and approach for completing project work 7g. ‐ Community and Economic Development Department requests  authorization to amend the 2010 Budget to allocate $35,000 from the  Page 63 of 249 Proposal for a Comprehensive Clean Economy Strategy for the City of Renton Cascadia Consulting Group 3 City Staff Involvement: • Key staff attendance at the strategy meeting Task 2: Prepare Assessment and Inventory to Identify Opportunities We will assess Renton’s operations and services to its constituents, both to document Renton’s existing efforts and to identify opportunities for savings and improvements. We will assess City and community operations, programs, services, policies, and regulations through a GHG inventory, targeted interviews, and a survey of City staff, as described below. GHG Inventory. Cascadia will conduct a greenhouse gas inventory to create an emission baseline for the City of Renton. This inventory will measure emissions from the larger Renton community and from its municipal operations. In the kickoff meeting, Cascadia will work with key City staff to define the appropriate scope of Renton’s municipal and community inventories. Topics in the meeting will include establishing a base year, determining boundaries for both inventories, determining optimal methods for collecting and organizing data, and outlining roles and responsibilities for data collection. For efficiency, we recommend that the City become a member of ICLEI-Local Governments for Sustainability to gain access to its Clean Air Climate Protection (CACP) calculator. The final result will cover major sources such as energy use in city facilities; fuel used for the City fleet and by employee commuting; refrigerants and emissions from water transport and solid waste; as well as community sources including energy use, transportation, and solid waste. In addition to greenhouse gas emissions, the municipal inventory will provide data on energy use and associated costs by sector and building. Staff Survey and Interviews. As a major landowner, employer, building manager, fleet operator, consumer of goods and services, and service provider, Renton has many opportunities to increase the efficiency of its operations. In addition to the quantitative data on energy use, greenhouse gas emissions, and associated costs provided by the inventory, Cascadia will gather and analyze data on internal city policies and programs relating to waste reduction and recycling, energy use and conservation, fleet maintenance and management, and green building and low impact development. Cascadia will create a customized web-based survey for all staff regarding daily behaviors and practices as they relate to the City’s sustainability goals. This survey will likely also include a section about employee commuting habits that will be used in the GHG inventory. Cascadia will also interview key staff knowledgeable about City policies regarding supply purchasing, fleet procurement and management, and building and facility maintenance. The employee survey and interviews will help us identify current best practices in place as well as opportunities for improvement and cost savings. Deliverables:  Summary assessment report (recommendations are included in Task 4)  A baseline of Renton’s municipal energy use and greenhouse gas emissions  A baseline of the Renton community’s energy use and greenhouse gas emissions City Staff Involvement:  Staff assistance in collecting energy, solid waste, fleet, and refrigerant data from departments 7g. ‐ Community and Economic Development Department requests  authorization to amend the 2010 Budget to allocate $35,000 from the  Page 64 of 249 Proposal for a Comprehensive Clean Economy Strategy for the City of Renton Cascadia Consulting Group 4  Staff completion of survey regarding commuting and workplace sustainability habits  Interviews or meetings with City staff as needed  If applicable, Renton becomes an ICLEI member and provides access to ICLEI inventory software Task 3: External Situation Analysis—Identifying Opportunities, Trends, Policies Concurrent with our analysis of the City’s internal operations, we will also identify opportunities and trends at the community, region, state, and federal levels. Many of Renton’s partners—from major companies such as Boeing and IKEA, to jurisdictions in the Puget Sound New Energy Solutions (PSNES) and C-7 groups—are embarking on bold sustainability initiatives. At the same time, funding is available through the Washington State Energy Program; the U.S. Department of Energy; and other local, state, and federal agencies to address climate and energy challenges. We will also communicate with the City’s key public/institutional partners, including its school district, chamber of commerce, Valley Medical Center, and Renton Technical College to identify additional opportunities. In this task, and as informed by our findings from the inventory in Task 2, we will identify effective ways to link Renton’s economic development goals with opportunities related to clean mobility, smart grid, and energy efficiency. In particular, we will identify grant funding opportunities appropriate for Renton as well as ensure that the City can meet existing requirements, such as RCW 70.235.070 (consistency with state GHG emissions limits and goals for reducing vehicle miles traveled) and RCW 70.94.151 (GHG reporting requirements for fleets). This analysis will encompass economic development and funding opportunities, technology and business practice trends, and emissions reductions requirements. Deliverables:  A presentation or report summarizing relevant opportunities, trends, and policies City Staff Involvement:  Staff availability to discuss and provide information on Renton’s goals and strategies Task 4: Recommendations and Strategy Cascadia will work with Renton staff to develop specific goals and recommendations for actions, policies, and programs to mesh the City’s economic development goals, its current programs, and opportunities in the clean energy arena. We will make recommendations on key opportunities for Renton to leverage existing local, regional, and federal initiatives and develop new approaches to support business sustainability. The recommendations focus on improving resource efficiency, saving money, capitalizing on available funding, and supporting the community in increasing energy efficiency. We will incorporate these recommendations into a strategy that builds on the external situation analyses and the municipal and community inventories. We will prepare a presentation that explains the purpose of the project, describes the methodology, and summarizes key findings and recommendations. Depending on budget and need, we can present to City Council, City staff, and/or key project staff members; alternatively, we can deliver the presentation file to City staff for their own use. 7g. ‐ Community and Economic Development Department requests  authorization to amend the 2010 Budget to allocate $35,000 from the  Page 65 of 249 Proposal for a Comprehensive Clean Economy Strategy for the City of Renton Cascadia Consulting Group 5 Deliverables:  Strategy report with recommendations and a presentation as budget allows City Staff Involvement:  Staff participation in strategy development Project Management Cascadia’s project manager will communicate and coordinate with the City’s project manager on a regular basis to ensure the project goals and deliverables are met on time and within budget. Deliverables:  Regular check-ins  Monthly invoices and progress updates Timeline A proposed timeline for this project is presented below, with delivery of the final recommendations and strategy in July 2010. Task Item Schedule 2010 June July August Sept Oct 1 Kick-off Meeting and Work Plan Development X 2 Assessment and Inventory X 3 External Situation Analysis X 4 Recommendations and Strategy X 5 Project Management and Communications X X X X X Budget Our initial cost estimate for the proposed scope of work is $35,000. We welcome the opportunity to further discuss and refine this scope and budget. Task Item Budget 1 Kick-off Meeting and Work Plan Development $4,000 2 Assessment and Inventory $13,000 3 External Situation Analysis $7,500 4 Recommendations and Strategy $9,500 5 Project Management and Communications $1,000 7g. ‐ Community and Economic Development Department requests  authorization to amend the 2010 Budget to allocate $35,000 from the  Page 66 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Community Marketing Campaign Video Meeting: Regular Council - 28 Jun 2010 Exhibits: Lodging Tax Advisory Committee Report Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Alex Pietsch (x6592) Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 65,000 Transfer Amendment: $65,000 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 65,000 City Share Total Project: $ 65,000 SUMMARY OF ACTION: The Renton Community Marketing Campaign is seeking funding from the Loding Tax Fund (Fund 11) unallocated fund balance to develop a new, updated marketing video. The current award-winning video was completed in 2006 and, while still an effective marketing piece, much has changed in the City since it was completed. Many of the interview subjects are no longer involved in the Renton community, and several of the major projects that were mentioned as upcoming (e.g. The Landing, Virginia Mason Athletic Center, Valley Medical Center's Emergency Services Tower, Federal Reserve Bank, etc) are now complete. The Lodging Tax Advisory Committee met via email and has unanimously authorized the expenditure of up to $65,000 of the approximately $300,000 of unallocated reserves in the Lodging Tax Fund. STAFF RECOMMENDATION: Allocate $65,000 of Lodging Tax Fund reserves to the Renton Community Marketing Campaign for the development of a new marketing video. This budget amendment will be included in the upcoming 2nd Quarter 2010 Budget Amendment Ordinance. 7h. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Page 67 of 249 7h. ‐ Community and Economic Development Department recommends  approval of the Renton Lodging Tax Advisory Page 68 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Fire Station 11 Seismic Upgrade Final Payment Meeting: Regular Council - 28 Jun 2010 Exhibits: Final Pay Application, #11 Notice of Completion of Public Works Contract, DOR Notice of Completion of Public Works Contract, L&I Submitting Data: Dept/Div/Board: Community Services Staff Contact: Michael Nolan Recommended Action: Council concur. Fiscal Impact: Expenditure Required: $ 23,536.54 Transfer Amendment: $ Amount Budgeted: $ 896,000.00 Revenue Generated: $ Total Project Budget: $ 644,077.83 City Share Total Project: $ SUMMARY OF ACTION: The Community Services Department submits CAG-09-084, Fire Station 11 Seismic Upgrade, for final pay estimate and release of retainage. The project started on 7/02/09 and was completed on 12/15/09. The contractor, Landon Construction Group, fulfilled the terms of their contract by constructing the engineered seismic improvements to the structure of Fire Station 11 and making other energy and building upgrades. STAFF RECOMMENDATION: Approve the project, authorize final pay application in the amount of $23,536.54, commence the 60-day lien period, and release the retained amount of $32,203.91 to Landon Construction Group, contractor, once all required releases are obtained. 7i. ‐ Community Services Department submits CAG‐09‐084, Fire Station  11 Seismic Upgrade; and requests approval of the project, authorization Page 69 of 249 7i. ‐ Community Services Department submits CAG‐09‐084, Fire Station  11 Seismic Upgrade; and requests approval of the project, authorization Page 70 of 249 7i. ‐ Community Services Department submits CAG‐09‐084, Fire Station  11 Seismic Upgrade; and requests approval of the project, authorization Page 71 of 249 F215-038-000 Request for Contract Release 09-2009 Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504-4272 Request for Contract Release NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Do not pay retained funds until you have Department of Labor and Industries approval Contractor’s Tax Registration No. (UBI No.) 602745990 Date: 6-3-2010 From: Name & Address of Public Agency Department Use Only City of Renton, 1055 South Grady Way, Renton, WA 98057 Assigned To: _______________________________________ Date Assigned: Notice is hereby given relative to the completion of contract or project described below Project Name/Description of Project: Fire Station 11 Seismic Upgrade Contract Number: CAG-09-084 Contract Amount: 705,265.29 Retained Amount: 32,203.91Landon Construction Group Contractor’s Name: Landon Construction Group Telephone Number: 206-764-7000 Contractor’s Address: 5950 6th Ave. S., Suite 200, Seattle, WA 98108 Date Contract Awarded: June 1, 2009 Date Work Commenced: July 2, 2009 Date Work Completed: December 15, 2009 Date Work Accepted: June 7, 2010 Surety or Bonding Company: International Fidelity Insurance Co. Agent’s Address: P.O. Box 3018, Bothell, WA 98041 Please list Subcontractors below: Continue Subcontractors list on other side. Subcontractor’s Name UBI Number: AIR FLOW MECHANICAL INC 601 718 149 WASHINGTON TENT & AWNING 600 580 217 W H CRESS COMPANY INC 600 379 346 Disbursing Officer Comments: Contact Name: Phone Number: Email Address: The Disbursing Officer must complete and submit this notice to the Department of Labor and Industries immediately after acceptance of the work done under this contract. Mail this notice to Department of Labor and Industries, Contract Release, PO Box 44274, Olympia, WA 98504-4274, or fax to (360) 902-6897 or e-mail to ContractRelease@lni.wa.gov. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of the Department’s certificate of release, and then only in accordance with the certificate. For assistance contact Contract Release at (360) 902-5360. Please list Subcontractors below: 7i. ‐ Community Services Department submits CAG‐09‐084, Fire Station  11 Seismic Upgrade; and requests approval of the project, authorization Page 72 of 249 F215-038-000 Request for Contract Release 09-2009 Subcontractor’s Name UBI Number: C H C PAINTING INC 601 589 193 FLAWLESS FLOOR COVERING 602 840 899 RUBENSTEIN'S CONTRACT CRPT LLC 601 677 766 ABC SUN CONTROL INC 601 689 661 STANLEY ROOFING CO INC 179 016 017 COMM-PLEX INC 602 319 674 FULLER ELECTRIC INC 601 840 365 BRENT SMITH DRYWALL INC 600 539 940 WOODWORK UNLIMITED INC 602 271 109 A & CONSTRUCTION 602 527 346 T BAR CONSTRUCTION INC 601 517 747 WASHINGTON TENT & AWNING 600 580 217 ABC SUN CONTROL INC 601 689 661 REDLINE WALL INST SYSTEMS 602 607 045 HOLADAY PARKS INC 578 004 089 W H CRESS COMPANY INC 600 379 346 7i. ‐ Community Services Department submits CAG‐09‐084, Fire Station  11 Seismic Upgrade; and requests approval of the project, authorization Page 73 of 249 Notice of Completion - DOR - FS11.doc State of Washington Department of Revenue Audit Procedures & Administration PO Box 47474 Olympia, Washington 98504-7474 Reg.No.: Date: NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From:DEPARTMENT USE ONLY City of Renton 1055 South Grady Way Assigned To Renton, WA 98057 Date Assigned Notice is hereby given relative to the completion of contract or project described below. Description of Contract Fire Station 11 Seismic Upgrade Contractor's Name Landon Construction Group Phone No. 206-764-7000 Contractor's Address 5950 6th Ave. S., Suite 200, Seattle, WA 98108 Date Work Commenced Date Work Completed Date Work Accepted July 2, 2009 December 15, 2009 June 7, 2010 Surety or Bonding Co.International Fidelity Insurance Co. Agent's Address P.O. Box 3018, Bothell, WA 98041 Contract Amount:$ 394,191.00 Amount Disbursed:$ 673,061.38 Additions or Reductions:$ 249,886.87 Amount Retained:$ 32,203.91 Sales Tax:$ 61,187.42 Total:$ 705,265.29 Total $ 705,265.29 By (Disbursing Officer) Phone No: The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, Washington 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. FORM REV 31 0020 (12-92) 7i. ‐ Community Services Department submits CAG‐09‐084, Fire Station  11 Seismic Upgrade; and requests approval of the project, authorization Page 74 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Amendment to Park Rules and Regulations Meeting: Regular Council - 28 Jun 2010 Exhibits: Park Board Agenda Park Rules Exhibit Ordinance Submitting Data: Dept/Div/Board: Community Services Staff Contact: Kelly Beymer - ext. 6617 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ TBD Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ TBD City Share Total Project: $ SUMMARY OF ACTION: An interdepartmental meeting was held by the Mayor to discuss improvement to trail safety on the Cedar River Trail following the April incident. On May 24th the Committee of the Whole was briefed on identified options to improve safety for all users on the Cedar River Trail. The Park Board met on June 15th, 2010, and unanimously voted to approve the recommended changes to the current Park Rules and Regulations including: l Reduce trail speed from 15 mph to 10 mph beginning at 149th St. (Ron Regis Park) to I-405 termination point and again from Logan Street to N. 6th Street l Institute a Dismount Zone between a) Pedestrian Bridge that crosses under I-405, b) East side of Bronson Bridge through the West side of Logan Bridge, and c) Northwest side of Logan Bridge to N. 6th Street Staff will implement additional measures to assist with trail etiquette and education for all users. Expenses incurred will be absorbed by the current Parks supply budget line item (001*020.576.10.31) STAFF RECOMMENDATION: Concur with Board of Park Commissioner's recommendation to amend the existing Park Rules and Regulations and adopt the Ordinance. 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 75 of 249 H:\Boards and Commissions\Park Board\2010ParkBoard\junag.docx AGENDA City of Renton Board of Park Commissioners Boardmembers: Al Dieckman, Chair Tim Searing, Past Chair Cynthia Burns Michael O’Donin Ron Regis Larry Reymann Troy Wigestrand Staff Contacts: Terry Higashiyama 425-430-6606 thigashiyama@rentonwa.gov Sandy Pilat 425-430-6604 spilat@rentonwa.gov Tuesday June 15, 2010 4:30 pm Maplewood Golf Course 4050 Maple Valley Highway Maplewood Greens Renton, WA Call to Order of Regular Meeting /Roll Call Approval of Agenda Approval of Minutes Oral Communications/Public Comments Note: Five-minute limit per person; maximum of three persons permitted to speak to each side of any one topic. Board Communication Veterans Memorial Day Celebration City Council Communication City of Renton Park Board Agenda June 15, 2010 Page 2 of 2 Wheelchair Accessible. American Sign Language (ASL) interpreter available upon request. For this or other assistance, please call 48 hours in advance: 711 (TDD) or 425-430-6600 (voice). Old Business o Liberty Park Ball field availability Park Supervisor noted that decision to keep Big Liberty ball field gate closed until scheduled game time was due to: ·Vandalism, graffiti, garbage, etc. from kids just hanging out in the grandstands ·Inconsistent message when gates are open until the field is prepped for a game/tournament then closed to stop kids from messing up the prepped field before game Information o Community Services Status Reports o June 21 Committee of the Whole presentation discussing Dogs @ Coulon and Parks Rules and Regulation Changes June 28th --Council o “Single rider rate” Golf Course--June 1, Kelly Beymer o Gloria’s retirement cake and coffee-Monday, June 28th @ 1:30 Adjournment 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 77 of 249 1 Park Rules and Regulations Authorized by Ordinance No. 4419. Amended by Ordinance No.5155. Amended from Ordinance No. 4319 and No. 1476. Resolution No. 3555 adopted March 18, 2002; Resolution No. 3751 adopted May 9, 2005. A. General Provisions Section 1. Priority of Use Programs and activities scheduled by the Community Services Department will have first priority for use of parks and facilities. Otherwise, use of parks and facilities will be on a “first-come first-served” basis. Section 2. Designee of Administrator The term “Administrator” shall mean the Community Services Administrator. The authority granted herein to the Administrator is granted to the Administrator’s designee. Section 3. Exemptions from Rules and Regulations ·Rules and Regulations related to possession of Weapons & Fireworks (Section B3) do not apply to law enforcement personnel or to persons performing assigned duties as authorized by the Administrator. ·Rules and Regulations related to Overweight Vehicles in Parks (Section B6) do not apply to City of Renton maintenance vehicles or emergency vehicles. ·Rules and Regulations related to Wildlife Harassment (Section B7) do not apply to wildlife control efforts authorized by the Administrator. ·Rules and Regulations related to Domestic Animals in Parks (Section B11) do not apply law enforcement K-9 officers in the conduct of their official duties or to animals used by independent contractors if required in performance of the contract. ·Rules and Regulations related to Parking and Moorage (Section C10) do not apply to park maintenance and law enforcement watercraft. B. Criminal Violations Section 1. Posting of Signs Except as authorized by the Administrator, it is unlawful to use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of any kind for advertising in any park; or to attach any notice bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; or to place or erect in any park, a structure of any kind. Section 2. Park Closing 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 78 of 249 2 Unless otherwise posted, it is unlawful to remain in any park after the posted closing time, except when engaged in activities, programs or events scheduled by the Community Services Department. Section 3. Weapons & Fireworks Except as otherwise permitted by law, it is unlawful for a person to possess in any park, any fireworks, firecracker, torpedo, explosive, air gun, sword, knife, bow and arrow(s), BB gun, paint ball gun, or slingshot. It is unlawful for any person to possess firearms in any park except as otherwise permitted by law. Section 4. Alcohol It is unlawful to possess or consume alcoholic beverages in any park except in areas designated by the Parks Commission. Designated areas are 1) Maplewood Golf Course, when such beverages are purchased and consumed within the concessionaire's licensed premises; 2) and designated areas of the Renton Community Center and Renton Senior Activity Center facilities as part of a facility rental. All activities shall comply with all Washington State Liquor Control Board requirements. Section 5. Swimming Areas It is unlawful for any person to disobey rules, signs or lifelines designating swimming areas. Swimming shall be permitted only within these areas. All persons using designated swimming areas shall obey all posted rules and/or the instruction of lifeguards, facility managers, or other authorized Community Services Department employees. No person shall give or transmit a false signal or false alarm of drowning. Section 6. Overweight Vehicles in Parks It is unlawful for any vehicle with a gross weight of over 32,000 pounds or a maximum width of over 102 inches to use the road in any park of the city except for places set apart for such purposes by the Parks Commission and designated by signs. Section 7. Wildlife Feeding & Harassment It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon, any animal, bird, or fowl in any manner; or to feed any fowl or bird in any park. Section 8. Concessions, Sales, Commercial Activities, Distribution & Posting Pamphlets It is unlawful to perform the following activities in a park area unless authorized in writing by the Administrator: ·Operating a fixed or mobile concession, or traveling exhibition. ·Soliciting, selling, offering for sale, peddling, hawking, or vending any goods or services. ·Advertising any goods or services other than the direct handing of written advertising to any one person. ·Conducting classes or organized competitions. 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 79 of 249 3 ·Distributing any commercial circular notice, leaflet, pamphlet or printed material of any kind in any Community Services buildings. These facilities are not public forums or limited public forums and are designated solely to the specific purposes for which they are dedicated. ·Entering upon, using or traversing any portion of a park for commercial purpose, including fund raising and/or fund solicitation. ·Attaching or securing to any vehicle or structure any commercial circular notice, leaflet, pamphlet or printed material of any kind. Section 9. Water Craft It is unlawful to have, keep or operate any boat, float, raft or other water craft in or upon any bay, lake, slough, river or creek, within the limits of any park, or to land the same at any point upon the shores thereof, except at places set apart for such purposes by the Parks Commission and so designated by signs. Section 10. Domestic Animals in Parks It is unlawful to allow or permit any domestic animal, including service animals, to run at large in any park, or enter any swimming area, pond or fountain therein. A dog brought into or kept in a park area shall be on a leash not more than eight (8) feet in length. Exceptions to leash requirements may be made only for approved scheduled events. ·No domestic animals, except for service animals, will be allowed in any park or park facility that permits swimming. ·Any person with a dog or other pet in their possession in any park shall be responsible for both the conduct of the animal and for removal from the park of feces deposited by such animal. The person with the dog or other pet must have in their possession the equipment or supplies required for feces removal. ·With permission of the Parks Commission, domestic animals, except for service animals, can be restricted from specific events held at parks or posted areas within a park. ·No domestic animals, except for service animals, will be allowed at the Maplewood Golf Course. Section 11. Authority to Remove Persons in Parks It shall be unlawful to stay in a park when directed to leave by an authorized Community Services Department employee or any police officer. 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 80 of 249 4 Section 12. Vandalism It is unlawful to remove, destroy, mutilate or deface any structure, monument, statue, vase, fountain, wall fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or other property lawfully in any park. Section 13. Littering It is unlawful to throw or deposit any refuse or other material in any park, except in designated receptacles, or to take garbage or refuse generated outside a park to a park for disposal. Section 14. Noise Restrictions All provisions of the Renton Municipal Code, Title 8, Chapter 7, will be strictly enforced, in particular the following provisions: ·It is unlawful to play car stereos, radios, or "boom boxes" - portable audio equipment, such as tape or compact disc players - so loudly they interfere with normal conversations or cause annoying vibrations at a distance of 75 feet or more. ·It is unlawful to operate or use any loudspeaker or other mechanical means of amplifying sound in any park without a written permit. Section 15. Conduct It is unlawful to use abusive, vile, profane, or obscene language or threats, which interfere with the reasonable use of a park by the general public. It is unlawful to engage in acts of violence, including but not limited to fights of any kind, or to act in a violent, threatening, intimidating, or hostile manner toward another person whereby such person is put in reasonable fear for his/her safety. Section 17. Lost Property It is unlawful for any person to fail to turn in any property or objects found on any park premises to the park staff or directly to the office of the Police Department, at City Hall, Renton, Washington. The article shall be disposed of in accordance with applicable City and State Laws. Section 18. Additional Violations Any violation of state criminal laws or the criminal laws of the City of Renton constitutes a violation of these Rules and Regulations. C. Civil Violations Section 1. Activities It is unlawful in any park to practice or play golf, baseball, cricket, soccer, polo, archery, hockey, volleyball, badminton or other games of like character, or to hurl, propel, or fly any airborne or other missile, including model airplanes, except in places and times set apart for such purposes by the Parks Commission. Section 2. Motorized and Non-motorized Vehicles in Parks 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 81 of 249 5 Except for wheelchairs, wheeled prosthetics or other wheeled vehicles being used by a disabled person, it is unlawful to ride, park or drive any bicycle, tricycle, motorcycle, motor vehicle, skateboard, rollerblades, roller-skates, land sailing device, scooter, unicycles or any other wheeled or similar vehicle, horse or pony on, over, or through any park designated by signage. It is unlawful to use the Renton Skate Park at Liberty Park with any device other than a skateboard or in-line skates. Section 3. Dismount Zones Bicycle operators must dismount their bicycle in a “Dismount Zone”. Failure to dismount in a Dismount Zone is a violation of these Rules and Regulations. For purposes of these Rules and Regulations the Dismount Zones on the Cedar River Trail (Trail) are: ·The Trail between the South East side of the Bronson Way bridge to the North West side of the Logan Avenue bridge. ·The Trail between North 6th Street and the mouth of the Cedar River at Lake Washington. ·The Pedestrian bridge that crosses under I-405 For purposes of this Section 3, the term “dismount” means: ·The bicycle operator walks on foot alongside the bicycle. ·It is not a dismount if the bicycle operator remains seated on the bicycle seat. ·It is not a dismount if the bicycle operator has either foot on a pedal of the bicycle, whether or not the bicycle is being propelled by the rotation of the front sprocket. Section 4. Speeding on Trails It is unlawful for any person to travel on a trail at a speed in excess of posted speed limits or greater than is reasonable and prudent under the existing conditions or in disregard for actual and potential hazards. In every event, speed shall be so controlled as is necessary to avoid colliding with others using the trail. Travel at speeds in excess of 15 miles per hour on any trail shall constitute in evidence a prima facie presumption that the person violated this section. Travel on the Cedar River Trail, between a) 149th Avenue S.E. and the point where the trail passes under I-405, or b) the Northwest side of the Logan Ave. bridge to N. 6th St., at speeds in excess of 10 miles per hour shall constitute in evidence a prima facie presumption that the person violated this section. Section 5. Vehicle Repair in Parks Except when authorized in writing by the Administrator, it is unlawful, to operate, repair or service any motor vehicle or motorcycle on park property for the purpose of testing, servicing or repairing. Section 6. Racing in Parks It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 82 of 249 6 climbing involving any vehicle, watercraft, aircraft, or animal in any park without the written permission of the Administrator. Section 7. Camping and Overnight Stays in Parks Except at places set aside for such purposes and so designated by signs, it is unlawful to erect a tent or shelter or to arrange bedding, or both, for the purpose of, or in such a way as will permit remaining overnight. It is also unlawful to park a trailer, camper or other vehicle for the purpose of remaining overnight except when authorized by the Administrator. Section 8. Fires and Barbecues It is unlawful to build fires in any park except in areas designed and set aside for such purpose by the Parks Commission. It is unlawful to use any portable barbecue over 36 inches in length or less than 30 inches in height over a combustible surface unless said surface is protected by a heat shield or fireproof device placed under the barbecue. Section 9. Metal Detecting It shall be unlawful to use in any park a device to detect ores or metals except when authorized in writing by the Administrator. Section 10. Glass Containers in Parks with Swimming Areas It is unlawful to possess any glass container in any portion of the park or park facility which permits swimming. Section 11. Group Rally/Special Use Permit It is unlawful to conduct any group rally in a park area or designated facilities where such activities will conflict in any way with normal park usage. To avoid conflict, permission for such activities must be obtained in advance from the Administrator. Special permit required. Groups that desire to use City of Renton facilities may be granted Special Use Permits by the department, but will be subject to a user fee. Where appropriate, special conditions of use shall be established by the Community Services Department and so noted on the Special Use Permits. Section 12. Parking and Moorage ·It is unlawful to park in an area designated for a particular recreational activity, unless participating in that activity. Vehicles parked in violation of this section may be impounded at owner's expense. ·Boat or watercraft users who are launching at Gene Coulon Memorial Beach Park and who do not have an annual permit must pay the posted fee on a per use basis. ·It is unlawful to moor any boat or watercraft beyond posted time limits. ·Watercraft moored in violation of this section may be impounded at the owner's expense. D. Penalties Section 1. Criminal Violations 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 83 of 249 7 Pursuant to RMC 2-9-6C, Park Rules and Regulations identified as criminal violations herein are punishable pursuant to RMC 1-3-1. Section 2. Civil Violations Pursuant to RMC 2-9-6C, Park Rules and Regulations identified as civil violations herein are punishable pursuant to RMC 1-3-2. 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 84 of 249 8 Trail Etiquette All Users: ·Obey all trail signs and regulations. ·Show courtesy for other trail users at all times. ·Keep dogs on leash, maximum length 8 feet (dogs are not allowed in Gene Coulon Memorial Beach Park & Kennydale Beach Park). ·When entering or crossing a trail at an uncontrolled point, yield to traffic already on the trail. ·No group of trail users shall occupy more than half of the trail nor impede the normal movement of trail users. ·Motor vehicles are not allowed on City of Renton trails except by Community Services Department personnel. Pedestrians: ·Listen for audible signals and allow faster trail users to pass safely. Bicyclists: ·Cyclists are required to wear safety helmets on all trails in King County. ·Yield to pedestrians. Always give an early audible (voice, bell, horn) warning before passing another trail user, allowing them adequate time to react. 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 85 of 249 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 2-9-6, RULES AND REGULATIONS, OF CHAPTER 9, PARKS COMMISSION, OF TITLE II (BOARDS AND COMMISSIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, TO ADOPT BY REFERENCE PARK RULES AND REGULATIONS. WHEREAS, the City of Renton operates several parks; and WHEREAS, it is necessary to adopt rules and regulations for conduct, activities and behavior within those parks; and WHEREAS, it is necessary periodically to amend the rules and regulations; and WHEREAS, these new rules and regulations have been proposed and considered by the Park Board and adopted by the Park Board pursuant to resolution; and WHEREAS, the City Council of the City of Renton must also review and adopt by reference any amendments to the Park Rules and Regulations; and WHEREAS, the City Council has conducted such review and finds the amendments to the Park Rules and Regulations advisable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Subsection 2-9-6B, Council Adoption, of Chapter 9, Parks Commission, of Title II (Commissions and Boards) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended as follows: B.Council Adoption: The parks rules and regulations shall be submitted to the City Council for approval and adoption. The civil violations found in the parks rules and regulations, as they may be amended, from time to time, are hereby 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 86 of 249 ORDINANCE NO. ________ 2 adopted by reference and shall be effective upon their approval by Council voice vote and the filing of at least one copy of said park rules and regulations with the City Clerk. The criminal violations found in the parks rules and regulations shall be codified in the Penal Code, Title VI, Chapter 18 of Renton Municipal Code. SECTION II.This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this _____ day of ______________, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _____ day of ______________, 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney ORD.1639:6/17/10:scr 7j. ‐ Community Services Department recommends concurrence in the  Park Commissioners' recommendation to amend existing Park Rules and Page 87 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Police Digital-In-Car Video System Contract Meeting: Regular Council - 28 Jun 2010 Exhibits: Coban Technologies Contract Submitting Data: Dept/Div/Board: Finance & Information Services Staff Contact: Mehdi Sadri, Information Technology Director Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $117,500/1st year Transfer Amendment: $ Amount Budgeted: $ $117,500 Revenue Generated: $ Total Project Budget: $ $317,500 City Share Total Project: $ SUMMARY OF ACTION: Background: Most modern police departments around the country are now utilizing in-car video systems to provide additional evidence to assist court proceedings, and to provide better accountability of police actions. In 2009, staff from the City's IT and Police Departments successfully conducted a 90- day "proof of concept" pilot project for an in-car video system along with identifying the application, system design, work process, and policies for using such a system. On March 25, 2010, a RFP (Request for Proposal) was issued for the purchase, installation, and training of a digital in-car video system. Two proposals were received and Coban Technologies was selected for the best solution & price. Cost/Funding: The total Coban contract amount is $214,756.88 to equip 30 police cars with the camera. The total project cost will be around $300,000. The additional cost will cover a video server, storage and backup capacity, wireless connectivity, installation, and training. The all-inclusive cost per car is approximately $8,000 with an ongoing extended warranty, maintenance, and support cost of $250 per car. The IT Department's 2010 budget includes $100,000 for this purpose. An additional $17,500 in grant funds have been awarded by the Washington Association of Sheriffs and Police Chiefs for the project. This will allow placement of the system and the camera in 10 cars. The plan is to equip the remaining 20 police cars in 2011 and 2012 at $100,000 each year as part of the IT Capital Investment Plan. Therefore staff will include funding requests as part of the 2011/2012 budget process. Implementation Timeline: 1) Approve/execute contract: July 2010, 2) Order backend server equipment: July 2010, 3) Order in-car video equipment for 10 cars: July 2010 4) Install, configure, and test: August 2010 5)Train, deploy: September 2010 6) Remaining vehicles will be equipped in 2011 and 2012 as budget allows. STAFF RECOMMENDATION: Approve and authorize Mayor and City Clerk to execute the contract with Coban Technologies, Inc. for the acquisition of anticipated 30 in-car video cameras at the guaranteed price over a 3-year period. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 88 of 249 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 89 of 249 City of Renton Police Digital In-Car Video System Contract 1 | P a g e City of Renton Technology Contract For Police Digital In-Car Video System THIS CONTRACT, made this ____ Day of June, 2010, by and between the City of Renton, Washington, an Optional Code city and a political subdivision of the State of Washington (hereinafter "City") and Coban Technologies, Inc. with its principal place of business at 12503 Exchange Drive Suite 536 Stafford, Texas 77477 (hereinafter "Contractor”). WITNESSETH: WHEREAS, the City has caused Contract documents for: Contract No. : Contract Title : Police Digital In-Car Video System to be prepared for certain Work as described therein; and WHEREAS, the Contractor has assured the City that it has the specialized expertise and experience necessary to properly Provide the goods and Services in a timely manner and that its proposal includes all of the functions and features required for the goods and Services; and WHEREAS, the City has accepted the Contractor's offer to provide the goods and Services in accordance with the Contract's terms, Scope of Work, Request for Proposal (RFP) documents and Vendor’s Response to RFP; and WHEREAS, by executing this Contract, the Contractor represents that the waiver of the Contractor's immunity under industrial insurance, Title 51 RCW, as set forth in the Contract documents was mutually negotiated by the parties; and NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to supply the goods and Services at the price and on the terms and conditions herein contained, and to assume and perform all of the covenants and conditions herein required of the Contractor, and the City agrees to pay the Contractor the Contract price provided herein for the supply of the goods and Services and the performance of the covenants set forth herein. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 90 of 249 City of Renton Police Digital In-Car Video System Contract 2 | P a g e THE FURTHER TERMS, CONDITIONS AND COVENANTS of the Contract are set forth in the following order of precedence: (1) Contract Amendment (2) The Contract Document which includes this City of Renton Technology Contract and the following Attachments, which are incorporated by this reference: A. Price B. Statement/Scope of Work C. Fair Practices Policy Affidavit of Compliance D. Affidavit and Certification Form (RFP Attachment B) E. Software License Agreement F. Maintenance Agreement G. Contractor’s Insurance Forms H. Acord Form (RFP Attachment D) (3) RFP Addenda (4) Request for Proposals (5) Best and Final Offer (6) Contractor’s Proposal COBAN TECHNOLOGIES, INC CITY OF RENTON Authorized Signature Authorized Signature Denis Law, Mayor Name and Title (Print or Type): Name and Title (Print or Type): Date Effective Date 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 91 of 249 City of Renton Police Digital In-Car Video System Contract 3 | P a g e TABLE OF CONTENTS DEFINITION OF WORDS AND TERMS ............................................................................................................................. 5 SECTION 1 STANDARD CONTRACTUAL TERMS AND CONDITIONS ............................................................. 7 1.1 Administration ........................................................................................................................................................................... 7 1.2 Contract Amendment .............................................................................................................................................................. 7 1.3 Termination for Convenience/Default/Non-Appropriation .................................................................................. 7 1.4 Force Majeure ............................................................................................................................................................................ 8 1.5 Washington State Sales Tax .................................................................................................................................................. 8 1.6 Taxes, Licenses, and Certificate Requirements ............................................................................................................ 9 1.7 Assignment .................................................................................................................................................................................. 9 1.8 Indemnification and Hold Harmless ................................................................................................................................. 9 1.9 Applicable Law and Forum ................................................................................................................................................ 10 1.10 Conflicts of Interest and Non-Competitive Practices .............................................................................................. 10 1.11 Claims and Appeals ............................................................................................................................................................... 11 1.12 Mediation .................................................................................................................................................................................. 11 1.13 Maintenance of Records...................................................................................................................................................... 11 1.14 Other Public Agency Orders .............................................................................................................................................. 12 1.15 Environmental Purchasing Policy .................................................................................................................................. 12 1.16 Nondiscrimination and Equal Employment Opportunity ..................................................................................... 12 1.17 Severability .............................................................................................................................................................................. 14 1.18 No waiver of Breach ............................................................................................................................................................. 14 SECTION 2 SPECIFIC CONTRACTUAL TERMS AND CONDITIONS ............................................................... 15 2.1 Execution of the Contract ................................................................................................................................................... 15 2.2 Contract Term ......................................................................................................................................................................... 15 2.3 Notices ........................................................................................................................................................................................ 15 2.4 Notices for Appeal: ................................................................................................................................................................ 16 2.5 Payment Procedures ............................................................................................................................................................ 16 2.6 Purchase Orders ..................................................................................................................................................................... 17 2.7 Pricing ........................................................................................................................................................................................ 17 2.8 Shipping Charges ................................................................................................................................................................... 17 2.9 Acceptance Process ............................................................................................................................................................... 17 2.10 Final Acceptance Process ................................................................................................................................................... 17 2.11 Warranty Provisions ............................................................................................................................................................ 18 2.12 Express Warranties for Services ..................................................................................................................................... 18 2.13 Express Warranties for Software .................................................................................................................................... 19 2.14 Express Warranties for Hardware ................................................................................................................................. 20 2.15 Warranty Remedies .............................................................................................................................................................. 20 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 92 of 249 City of Renton Police Digital In-Car Video System Contract 4 | P a g e 2.16 Defective Work ....................................................................................................................................................................... 20 2.17 Hardware and Software Warranty Process ................................................................................................................ 20 2.18 Hardware and Software Maintenance .......................................................................................................................... 21 2.19 Independent Status of Contractor .................................................................................................................................. 21 2.20 Non-Disclosure of Data ....................................................................................................................................................... 21 2.21 Non-Disclosure Obligation ................................................................................................................................................. 21 2.22 Public Disclosure Requests ................................................................................................................................................ 21 2.23 Pricing of Spare Parts ........................................................................................................................................................... 21 2.24 Product Return ....................................................................................................................................................................... 22 2.25 No Prototype Components ................................................................................................................................................ 22 2.26 Industrial and Hazardous Waste ..................................................................................................................................... 22 2.27 Prohibition on Asbestos-Containing Products .......................................................................................................... 22 2.28 Design Defects ......................................................................................................................................................................... 22 2.29 Changed Requirements ....................................................................................................................................................... 23 2.30 Software License .................................................................................................................................................................... 23 2.31 Disaster Recovery .................................................................................................................................................................. 23 2.32 Bug Status Reports ................................................................................................................................................................ 23 2.33 Enhancements, Upgrades, Replacements and New Versions of Software ..................................................... 23 2.34 HIPAA – Protecting Patient Privacy ............................................................................................................................... 24 SECTION 3 INSURANCE REQUIREMENTS ............................................................................................................. 25 3.1 Evidence and Cancellation of Insurance ...................................................................................................................... 25 3.2 Insurance Requirements .................................................................................................................................................... 25 3.3 Minimum Limits of Insurance .......................................................................................................................................... 26 ATTACHMENTS Attachment A: Price ......................................................................................................................................................................... 28 Attachment B: Statement of Work ............................................................................................................................................. 32 Attachment C: Fair Practice Policy Affidavit of Compliance ........................................................................................... 38 Attachment D: Affidavit and Certification Form .................................................................................................................. 39 Attachment E: Software License Agreement ......................................................................................................................... 40 Attachment F: Maintenance Agreement ................................................................................................................................. 42 Attachment G: Contractor’s Insurance Forms ...................................................................................................................... 49 Attachment H: Acord Form .......................................................................................................................................................... 50 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 93 of 249 City of Renton Police Digital In-Car Video System Contract 5 | P a g e DEFINITION OF WORDS AND TERMS Words and terms shall be given their ordinary and usual meanings. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. Acceptable, Acceptance or Accepted: Written Documentation of the City’s determination that the Contractor's Work has been completed in accordance with the Contract. Contract Amendment: A written change to the Contract modifying, deleting or adding to the terms or Scope of Work, signed by both parties, with or without notice to the sureties. Contract or Contract Documents: The writings and drawings embodying the legally binding obligations between the City and the Contractor for completion of the Work under the Contract as set forth on Page 1 of this document. Contractor: The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, contracting with the City for the performance of Services or Work under the Contract. Cost Analysis: The review, evaluation and verification of cost data and the evaluation of the specific elements of costs and profit. Cost Analysis is the application of judgment using criteria to project from the data to the estimated costs in order to form an opinion on the degree to which proposed costs represent what the Contract should cost, assuming reasonable economy and efficiency. City: City of Renton and its officers, employees, agents, contractors, and subcontractors. Day: Calendar Day. Documentation: Technical publications and/or documentation relating to the use of the Software or Services to be Provided and delivered by Contractor under this Contract, such as reference manuals, training manuals, user manuals, maintenance manuals, installation, systems administration and technical guides designed to instruct the City on the features, uses, and functions of the Software or Services. Effective Date: The date the Contract is countersigned by the City. Enhancement: Technical or functional additions to improve functionality and/or operations. Error: An unanticipated Software problem resulting in program behavior not 1) following the Software’s logical design, 2) consistent with functionality described in Paragraph V Documentation, and/or 3) consistent with the requirements of the Contract. Final Acceptance: The point when City acknowledges that the Contractor has performed the entire Work in accordance with the Contract. Hardware: Tangible goods, excluding software and data, including, but not limited to, motherboard(s); firmware; memory; internal or external expansion card(s); power supply(s); fan(s); storage controller(s); internal or external hard disk(s); CD-ROM, DVD, Blu-Ray or other media drive(s); graphics controller(s); display screen(s); human interface devices e.g. keyboard, mouse, track ball, touch pad, web camera, microphone; biometric readers e.g. fingerprint scanner(s), retina scanner(s), voice print analyzer(s); security token(s) e.g. Express Card(s), Smart Card(s), PC card(s), USB token(s), crypto key generator(s); software authorizing devices e.g. serial, parallel, or USB dongle(s); equipment or devices to connect the computer to external peripheral equipment such as networks, printers or scanners; cable(s), coupler(s) or adaptor(s); mounting or supporting device(s); housing(s); enclosure(s); external subsystems e.g. Ethernet switch(es), storage system(s), tape drive(s), radios, communication systems, and/or UPS(s). Object Code: The executable, machine-readable, form of a Software program. Object code is instruction code in machine language produced as the output of a compiler or an assembler. Person: Includes individuals, associations, firms, companies, corporations, partnerships, and joint ventures. Price Analysis: The process of examining and evaluating a price without evaluating its separate cost elements and proposed profit. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 94 of 249 City of Renton Police Digital In-Car Video System Contract 6 | P a g e Project Manager: The individual designated by the City to manage the project on a daily basis and who may represent the City for Contract administration. This Contract may be part of a larger City project. Project Sponsor: Individual designated by the City to conduct the Contract solicitation process, draft and negotiate Contracts, resolves contractual issues and supports the Project Manager during Contract performance. Provide: Furnish without additional charge. RCW: The Revised Code of Washington. Request For Proposal (“RFP”): The original “Request for Proposal” published by the City of Renton, including Addenda thereto and written clarifications made by the City of Renton in response to vendor inquiries. Response to RFP: Those documents and materials submitted by vendors to the City of Renton in response to the RFP. Scope of Work (“SOW”): That Attachment to the Contract consisting of written descriptions of Services to be performed, or the goods to be Provided or the technical requirements to be fulfilled under this Contract. From time to time in this contract the Scope of Work may also be referred to as the Statement of Work. Services: The furnishing of labor, time, or effort by a Contractor for the following, but not limited to: installation, maintenance, support, configuration, custom Software, or consulting. Software: All or any portion of the then commercially available version(s) of the computer executable programs and Enhancements thereto, including Source Code, localized versions of the computer executable programs and Enhancements thereto, including Source Code and Documentation licensed and delivered by Contractor to the City. Source Code: A set of human readable instructions, written in a programming language, that must be translated to Object Code before the program can run on a computer. Subcontractor: The individual, association, partnership, firm, company, corporation, or joint venture entering into an agreement with the Contractor to perform any portion of the Work covered by this Contract. Update: All published revisions to the Documentation and copies of the revised, Enhanced, or modified Software, which are not designated by Contractor as new products. Upgrade: Subsequent releases of the Software and Documentation that generally have a new major version number, i.e. version 6.3 to version 7.0. Virus: Software code that is intentionally and specifically constructed for the purpose of destroying, interrupting or otherwise adversely impacting other code or data in a computer, such as replicating itself or another program many times without any useful purpose. Work: Everything to be Provided and done for the fulfillment of the Contract and shall include all Software, Hardware and Services specified under this Contract, including Contract Amendments and settlements. Work Product: Ownership/Rights to Work Product, regarding City’s rights to Work Product, includes, but is not limited to, discoveries, formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings, conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, training guides, and/or sound reproductions. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 95 of 249 City of Renton Police Digital In-Car Video System Contract 7 | P a g e SECTION 1 STANDARD CONTRACTUAL TERMS AND CONDITIONS 1.1 Administration This Contract is between the City and the Contractor who shall be responsible for Providing the Work described herein. The City is not party to defining the division of Work between the Contractor and its Subcontractors, if any, and the Scope of Work has not been written with this intent. The Contractor represents that it has or shall obtain all personnel, materials and equipment required to perform Work hereunder. In accordance with the FBI’s Criminal Justice Information System Policy 4.5, all vendor employees that might access City systems will be required to comply with the personnel security screening requirements set forth in the policy. That screening may include, but is not limited to, a state of residency fingerprint check and additional screening as deemed appropriate by the City. All screening will be done prior to access to the City’s systems, either from the vendor’s site or the City’s. Should the vendor send an employee that has either not been screened, or fails the security screening, for any reason, the City retains the right to turn away such employee and prohibit his/her access. All travel costs, if any, for such employee will be the responsibility of the vendor. The City retains the right to approve vendor employees assigned to the project and request a change of personnel based on employee performance. The City may refuse project staff for any reason without recourse by the vendor. The Contractor's performance under this Contract may be monitored and reviewed by City personnel. Reports and data required to be Provided by the Contractor shall be delivered to the City as described herein. 1.2 Contract Amendment All changes to the Contract shall be through a Contract Amendment. No oral order or conduct by the City shall constitute a change to the Contract. If any Contract Amendment causes an increase or decrease in the cost of, or the time required for performance of any part of the Work under this Contract, the Contract may be modified if agreed to in writing by both parties. Contract Amendments may require a Cost/Price Analysis to determine the reasonableness of the proposed adjustments to the Contract. 1.3 Termination for Convenience/Default/Non-Appropriation A. Termination for Convenience The City for its convenience may terminate this Contract, in whole or in part, at any time by written notice sent certified mail, return receipt requested, to the Contractor. After receipt of a Notice of Termination (“Notice”), and except as directed by the City, the Contractor shall immediately stop Work as directed in the Notice, and comply with all other requirements in the Notice. The Contractor shall be paid its costs, including necessary and reasonable Contract closeout costs and profit on that portion of the Work performed and Accepted up to the date of termination as specified in the notice. The Contractor shall promptly submit its request for the termination payment, together with detailed supporting documentation. If the Contractor has any property in its possession belonging to the City, the Contractor shall account for the same and dispose of it in the manner the City directs. All termination payment requests may be subject to Cost or Price Analysis. B. Termination for Default If the Contractor does not deliver Work in accordance with the Contract, or the Contractor fails to perform in the manner called for in the Contract, or if the Contractor fails to comply with any material provisions of the Contract, the City may terminate this Contract, in whole or in part, for default as follows: 1. A “Notice to Cure” shall be served on the Contractor by certified mail (return receipt requested) or delivery service capable of providing a receipt. The Contractor shall have five (5) Days to cure the default or provide the City with a detailed written plan, which indicates the time and methods needed to bring the Work into compliance and cure the default, or as otherwise set out in the Contract or noted in the Maintenance Agreement. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 96 of 249 City of Renton Police Digital In-Car Video System Contract 8 | P a g e 2. If the Contractor has not cured the default or the plan to cure the default is not acceptable to the City, the City may terminate the Contract. Termination shall occur by serving a Notice of Termination by certified mail (return receipt requested) or delivery service capable of providing a receipt on the Contractor setting forth the manner in which the Contractor is in default and the effective date of termination. 3. The Contractor shall only be paid for Work delivered and Accepted, less any damages to the City caused by or arising from such default. All termination payment requests are subject to Cost or Price Analysis, whichever is more beneficial to the City, at the City’s option. 4. The termination of this Contract shall in no way relieve the Contractor from any of its obligations under this Contract nor limit the rights and remedies of the City hereunder in any manner. C. Termination for Non-Appropriation If expected or actual funding is withdrawn, reduced or limited in any way during the Contract term or in any Contract Amendment hereto, the City may, upon written notice to the Contractor, terminate this Contract in whole or in part. Payment shall not exceed the appropriation for the year in which termination is effected. If the Contract is terminated for non-appropriation: 1. The City shall be liable only for payment in accordance with the terms of this Contract for Services performed and Accepted prior to the effective date of termination; and, 2. The Contractor shall be released from any obligation under this Contract (including any related purchase order) to provide further Work pursuant to the Contract. Funding under this Contract beyond the current appropriation year is conditional upon the appropriation by the City Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, the Contract shall terminate at the close of the current appropriation year. The appropriation year ends on December 31 of each year. 1.4 Force Majeure The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances causing the inability to perform the requirements of this Contract. If a party is rendered unable, wholly or in part, by a force majeure event or any other cause not within such party’s control, to perform or comply with any obligation or condition of this Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Contractor ceases to be excused pursuant to this provision, then the City shall be entitled to exercise any remedies otherwise provided for in this Contract, including Termination for Default. Whenever a force majeure event causes the Contractor to allocate limited resources between or among the Contractor’s customers, the City shall receive no less priority in respect to such allocation than any of the Contractor’s other customers. In the event of any such delay, the date of performance shall be extended for a period equal to the time lost by reason of the delay. 1.5 Washington State Sales Tax The City shall make payment directly to the State of Washington for all applicable State sales taxes if the Contractor is not registered for payment of sales taxes in the State of Washington. If the Contractor is so registered, it shall add the sales tax to each invoice and upon receipt of payment from the City, promptly remit appropriate amounts to the State of Washington. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 97 of 249 City of Renton Police Digital In-Car Video System Contract 9 | P a g e 1.6 Taxes, Licenses, and Certificate Requirements This Contract and any of the Work Provided hereunder is contingent and expressly conditioned upon the ability of the Contractor to Provide the specified goods or Services consistent with applicable federal, state or local laws and regulations. If, for any reason, the Contractor's required licenses or certificates are terminated, suspended, revoked or in any manner modified from their status at the time this Contract becomes effective, the Contractor shall notify the City immediately of such condition in writing. The Contractor and Subcontractor(s) shall maintain and be liable for all taxes, fees, licenses, permits and costs as may be required by applicable federal, state or local laws and regulations as may be required to Provide the Work under this Contract. The Contractor and Subcontractor(s) shall maintain throughout the term of the Contract a City of Renton Business License. 1.7 Assignment Neither party shall assign or transfer any interest, obligation or benefit under or in this Contract, whether by change of control of greater than 51%, transfer of a controlling interest of greater than 51%, sale of assets or stock, merger with another entity, assignment or novation, without written consent of the other party. If assignment or transfer is approved, this Contract shall be binding upon and inure to the benefit of the successors of the assigning party. This provision shall not prevent Contractor from pledging any proceeds from this Contract as security to a lender subject to city approval. An assignment or transfer shall be accepted by either party upon the posting of all required bonds, securities and the like by the assignee and the written agreement by assignee to assume and be responsible for the obligations and liabilities of the Contract, known and unknown, and applicable law. 1.8 Indemnification and Hold Harmless A. Patent and Copyright Indemnity The Contractor shall protect, indemnify, defend and save harmless the City from any and all claims or lawsuits alleging a violation of a third party’s copyright or patent rights. So long as the City gives Contractor prompt notice of any infringement claim brought against the City regarding the Software and the City gives Contractor information, reasonable assistance, and sole authority to defend or settle any infringement claim, then, in the defense or settlement of an infringement claim, Contractor shall, in its reasonable judgment and at its option and expense: (i) obtain for the City the right to continue using the Software; (ii) replace or modify the Software so that it becomes noninfringing while giving equivalent performance; or (iii) if Contractor cannot obtain the remedies in (i) or (ii), the parties may proceed to a court of competent jurisdiction to determine the amount of fees that shall be returned to the City. Before final payment is made on this Contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release from all such fees or claims. Contractor shall have no liability to indemnify or defend the City to the extent the alleged infringement is based on: (i) a modification of the Software by the City or others authorized by the City but not by the Contractor; or (ii) use of the Software other than in accordance with the Documentation. If the City is required to defend itself or enter into a settlement agreement due to Contractor's failure to defend, Contractor shall indemnify the City for its costs and expenses as well as any judgment entered against the City. B. Indemnification For All Other Actions Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages for injuries to Persons and/or damage to tangible property, arising out of or in any way resulting from the acts or omissions of the Contractor its officers, employees, Subcontractors and/or agents. Contractor's indemnification obligation shall include but is not limited to, all claims against the City by an employee or former employee of the Contractor or its Subcontractors, and the Contractor expressly waives by mutual negotiation, with respect 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 98 of 249 City of Renton Police Digital In-Car Video System Contract 10 | P a g e to the City only, all immunity and limitation on liability under any industrial insurance act, including Title 51 RCW, other worker's compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. In the event the City incurs any costs including attorneys’ fees to enforce the provisions of this paragraph, all such costs and fees shall be recoverable from the Indemnitor. 1.9 Applicable Law and Forum This Contract shall be governed by and construed according to the laws of the State of Washington, including but not limited to, the Uniform Commercial Code, Title 62A RCW. Any claim or suit concerning this Contract may only be filed and prosecuted in either the King County Superior Court or U.S. District Court for the Western District of Washington, in Seattle, Washington. 1.10 Conflicts of Interest and Non-Competitive Practices A. Conflict of Interest By entering into this Contract to perform Work, the Contractor represents that it has no undisclosed direct or indirect pecuniary or proprietary interest in the Work required to be performed under this Contract, and that it shall not acquire any such interest that conflicts in any manner or degree with the Work required to be performed under this Contract. The Contractor shall not employ any Person or agent having any conflict of interest. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such conflict to the City. The City shall require that the Contractor take immediate action to eliminate the conflict up to and including termination for default. B. Contingent Fees and Gratuities By entering into this Contract to perform Work, the Contractor represents that: 1. No Persons except as designated by Contractor shall be employed or retained to solicit or secure this Contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid. 2. No gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this Contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this Contract. 3. Any Person having an existing Contract with the City or seeking to obtain a Contract who willfully attempts to secure preferential treatment in his or her dealings with the City by offering any valuable consideration, thing or promise, in any form to any City official or employee shall have his or her current Contracts with the City canceled and shall not be able to enter into any other Contract with the City for a period of two (2) years. C. Disclosure of Current and Former City Employees To avoid any actual or potential conflict of interest or unethical conduct: 1. City employees or former City employees are prohibited from assisting with the preparation of proposals or contracting with, influencing, advocating, advising or consulting with a third party, including Contractor, while employed by the City or within one (1) year after leaving City employment if he/she participated in determining the Work to be done or processes to be followed while a City employee. For purposes of this section (1.10 ), the term “city employee” shall include any individual who may have been an independent contractor, but (a) whose primary place of work was at the city, (b) whose work schedule was directed by any city 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 99 of 249 City of Renton Police Digital In-Car Video System Contract 11 | P a g e employee, (c) who maintained an office space at the city, (d) who managed or supervised city employee(s), or (e) who reported hours worked to the city’s finance or payroll department. 2. Contractor shall identify at the time of offer current or former City employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former City employees involved in this transaction may result in the City’s termination of this Contract. 3. After Contract award, the Contractor is responsible for notifying the City of current or former City employees who may become involved in the Contract at any time during the term of the Contract. 1.11 Claims and Appeals The Contractor shall address claims for additional time or compensation under the Contract in writing to the Project Sponsor and Project Manager within thirty (30) Days of the date in which the Contractor knows or should know of the basis for the claim. Claims shall be accompanied by supporting documentation and citation to applicable provisions in the Contract Documents. The City reserves the right to request additional documentation necessary to adequately review the claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. The Project Sponsor and Project Manager shall ordinarily respond to the Contractor in writing with a decision issued jointly, but absent such written response, the claim shall be deemed denied upon the thirtieth (30th) Day following receipt by the Project Sponsor and Project Manager of the claim, or requested additional documentation, whichever is later. In the event the Contractor disagrees with the determination of the Project Sponsor and Project Manager, the Contractor shall, within five (5) Days of the date of such determination, appeal the determination in writing to the Finance & Information Technology Administrator (FIT Administrator) In the event the FIT Administrator is also the Project Sponsor, the appeal shall be directed to the Assistant Chief Administrative Officer (ACAO) of the City. Such written notice of appeal shall include all information necessary to substantiate the appeal. The FIT Administrator, or ACAO, shall review the appeal and make a determination in writing, which shall be final. Appeal to the FIT Administrator, or ACAO, on additional time or compensation claims shall be a condition precedent to litigation. Pending final decision of a claim and appeal hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the direction of the Project Sponsor or Project Manager. Failure to comply precisely with the time deadlines under this paragraph as to any claim shall operate as a waiver and release of that claim and an acknowledgment of prejudice to the City. 1.12 Mediation If a dispute arises out of or relates to this Contract, or the breach thereof, and if said dispute cannot be resolved through the claims and appeal process set forth in the Claims and Appeals paragraph above, the parties may, upon mutual agreement, endeavor to settle the dispute in an amicable manner by mediation, or other agreed form of ADR process, prior to commencing litigation. 1.13 Maintenance of Records A. Retention of Records The Contractor and its Subcontractors shall maintain books, records and documents of its performance under this Contract in accordance with generally accepted accounting principles for governmental entities. The Contractor shall retain all financial information, data and records for all Work under the Contract for six (6) years after the date of final payment. B. Audit Access 1. Federal, state or City auditors shall have access to Contractor's and its Subcontractors' records for the purpose of inspection, Cost or Price Analysis, audit or other reasonable purposes related 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 100 of 249 City of Renton Police Digital In-Car Video System Contract 12 | P a g e to this Contract. Federal, state or City auditors shall have access to records and be able to copy such records during the Contractor's normal business hours. The Contractor shall Provide proper facilities for such access, inspection and copying. 2. Audits may be conducted during or after the Contract period for purposes of evaluating claims by or payments to the Contractor and for any other reason deemed appropriate and necessary by the City. Audits shall be conducted in accordance with generally accepted accounting principles for governmental entities and/or federal, state or City audit procedures, laws or regulations. The Contractor shall fully cooperate with the auditor(s). 3. Proof of Compliance with Contract The Contractor shall, upon request, provide the City with satisfactory documentation of the Contractor's compliance with the Contract. In addition, the Contractor shall permit the City and if federally funded, the Comptroller General of the United States, or a duly authorized representative, to inspect all Work, materials, payrolls and other data and records involving the Contract. 1.14 Other Public Agency Orders Other federal, state, City and local entities may use the terms and conditions established by this Contract if agreeable to all parties. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. 1.15 Environmental Purchasing Policy Contractors able to supply products containing recycled and environmentally preferable materials that meet performance requirements are encouraged to Provide them. The Contractor shall use recycled paper for all printed and photocopied documents related to the submission of this solicitation and fulfillment of the Contract and shall, whenever practicable, use both sides of the paper. 1.16 Nondiscrimination and Equal Employment Opportunity A. Nondiscrimination in Employment and Provision of Services During the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, creed, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of Services or any other benefits under this Contract. B. Equal Benefits to Employees with Domestic Partners the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. C. Nondiscrimination in Subcontracting Practices During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in City Contracts or to obtain or compete for Contracts and Subcontracts as sources of supplies, equipment, construction and Services. In considering offers from and doing business with Subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, creed, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. D. Compliance with Laws and Regulations 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 101 of 249 City of Renton Police Digital In-Car Video System Contract 13 | P a g e The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, the American with Disabilities Act and the Restoration Act of 1987. The Contractor shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the Contract documents. E. Small Contractors and Suppliers and Minority and Women Business Enterprises Opportunities While not a requirement of this Contract, the City encourages the Contractor to use businesses, including Small Contractors and Suppliers (SCS), as defined herein, and minority-owned and women-owned business enterprises in City Contracts. The term “Small Contractors and Suppliers” means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is set at fifty percent (50%) of the federal Small Business Administration (SBA) small business size standards using the North American Industry Classification System and Owners’ Personal Net Worth less than seven hundred fifty thousand dollars ($750,000). The City encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including SCS firms and minority-owned and women-owned business enterprises: 1. Contact the Washington State Office of Minority and Women's Business Enterprises (OMWBE) to obtain a list of certified minority-owned and women-owned business enterprises at the following website at http://www.omwbe.wa.gov/ or by telephone 360-704-1181 or jwheat@omwbe.wa.gov. 2. Use the small services of available community organizations, consultant groups, local assistance offices, and other organizations that provide assistance in the recruitment and placement of small businesses, including SCS firms and minority-owned and women-owned business enterprises. F. Equal Employment Opportunity Vendor shall execute the attached City of Renton Fair Practices Policy Affidavit of Compliance form, Comply with City Administrative Policy 1.2, and upon completion of the contract Work, file the attached compliance statement. (Attachment C) G. Record-Keeping Requirements and Site Visits The Contractor shall maintain, for at least six (6) years after completion of all Work under this Contract, the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of Services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to Subcontractors and suppliers in this Contract, including employment records. The City may visit, at any time, the site of the Work and the Contractor’s office to review the foregoing records. The Contractor shall Provide every assistance requested by the City during such visits. In all other respects, the Contractor shall make the foregoing records available to the City for inspection and copying 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 102 of 249 City of Renton Police Digital In-Car Video System Contract 14 | P a g e upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Contract. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of paragraph 1.16 shall be a material breach of this Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by this Contract and by applicable law. I. Required Submittals Upon Completion of Work Upon completion of Work and as a condition precedent to final payment, the Contractor shall submit a Final Affidavit of Amounts Paid to City of Renton Finance & Information Technology Department. Identify amounts actually paid, and any amounts owed, to each Subcontractor and/or supplier (if applicable) for performance under this Contract. Failure to submit such affidavits may result in withholding of payments or the final payment. J. Compliance with Section 504 of the Rehabilitation Act of 1973 The Contractor has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended (“504”), and the Americans with Disabilities Act (“ADA”). 1.17 Severability Whenever possible, each provision of this Contract shall be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof shall be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision shall be severed from the rest of this Contract. The invalidity, illegality or unenforceability of any provision shall not affect the validity, legality or enforceability of any other provision of this Contract, which shall remain valid and binding. 1.18 No waiver of Breach No action or failure to act by the City shall constitute a waiver of any right or duty afforded to the City under the Contract; nor shall any such action or failure to act by the City constitute an approval of, or acquiescence in, any breach hereunder, except as may be specifically stated by the City in writing. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 103 of 249 City of Renton Police Digital In-Car Video System Contract 15 | P a g e SECTION 2 SPECIFIC CONTRACTUAL TERMS AND CONDITIONS 2.1 Execution of the Contract The documents constituting the Contract between the City and the Contractor are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. Upon the Effective Date, the City shall issue purchase order(s) directing the Work to be performed. The Contract may be executed in counterparts, any of which shall be deemed an original and which shall together constitute one Contract. 2.2 Contract Term The initial term of this Contract shall be three (3) years, and may be extended for additional 1 year increments, commencing on the Effective Date of the Contract and subject to the termination provisions at paragraph 1.3, Termination for Convenience/Default/Non-Appropriation. The Warranty Period begins at Final Acceptance and continues for a period of twelve (12) months. Upon the completion of the Warranty Period, the Maintenance Agreement begins and continues from year to year unless terminated as described in this Contract. The maximum term for this Contract, consisting of the initial term plus extensions, is five (5) years unless extended by written agreement signed by all parties. The Software License shall be perpetual. If during the Contract term, additional units or services need to be purchased, the City will pay either the unit cost as identified in the Contract or the then current market value, whichever is more beneficial to the City. 2.3 Notices All notices or documentation required or Provided pursuant to this Contract shall be in writing and shall be deemed duly given when delivered to the addresses set forth below. For Project Management related notices, questions or documentation: CITY OF RENTON CONTRACTOR Project Manager Project Manager Debbie Scott Cindy Chang / Jennifer Ichikawa 1055 South Grady Way Suite #110 12503 Exchange Drive, Ste 536 Renton, WA 98057 Stafford, TX 77477 (425) 430-6939 (281) 277-8288 dscott@rentonwa.gov cindyc@cobantech.com / jenniferi@cobantech.com 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 104 of 249 City of Renton Police Digital In-Car Video System Contract 16 | P a g e For Contract related notices, questions or documentation contact: Project Sponsor Project Manger Kevin Milosevich, Chief of Police Cindy Chang / Jennifer Ichikawa City of Renton 12503 Exchange Drive, Ste 536 1055 South Grady Way Stafford, TX 77477 Renton, WA 98057 (425) 430- 7503 (281) 277-8288 kmilosevich@rentonwa.gov cindyc@cobantech.com / jenniferi@cobantech.com 2.4 Notices for Appeal: Iwen Wang, FIT Administrator Project Manger City of Renton Cindy Chang / Jennifer Ichikawa 1055 South Grady Way 12503 Exchange Drive, Ste 536 Renton, WA 98057 Stafford, TX 77477 (425) 430-6858 (281) 277-8288 iwang@rentonwa.gov cindyc@cobantech.com / jenniferi@cobantech.com 2.5 Payment Procedures A. Invoices The Contractor for Work Accepted by the City shall furnish invoices to the Project Manager. Important – When a purchase order is issued against this Contract that has the potential for multiple or partial deliveries, a separate invoice shall be generated for each completed delivery Accepted by the City. All invoices shall include the following information: purchase order number, requester's name and phone number, date of invoice, invoice number and invoice total. For each item in the Contract, provide: item number, quantity, description, Contract price and when applicable provide the manufacture, list price and discounts. For Services, invoices shall identify either milestones Accepted, hours worked and Contract hourly rates, or authorized fees. The City will not be bound by prices contained in an invoice that are higher than those in this Contract. The invoice may be rejected and returned to the Contractor for a correct invoice. FAILURE TO COMPLY WITH THESE REQUIREMENTS OR TO PROVIDE AN INVOICE IN CONFORMANCE WITH THE CONTRACT MAY DELAY PAYMENT. B. Payments Within thirty (30) Days after receipt of an invoice, other than a rejected invoice, the City shall pay the Contractor for Accepted Work, upon acceptance of payment Contractor waives any claims for the Work covered by the invoice. 1. The City will pay invoices submitted by the selected vendor as progress is made against mutually agreed upon milestones and deliverables on the implementation project and agreed upon 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 105 of 249 City of Renton Police Digital In-Car Video System Contract 17 | P a g e service stipulated in the final agreement. Prior to payment, invoices will be reviewed to determine if billing is reflective of actual agreed upon project progression and performance. Upon acceptance of the billing by the City’s Project Manager the payment will be processed and submitted to the vendor. 2. There will be a holdback of 20% of the service costs which will not be paid until Final Acceptance of Phase I by the City. The City agrees that acceptance shall not be unreasonably delayed. C. Subcontractor Prompt Payment The Contractor agrees to pay each Subcontractor under this Contract for satisfactory performance of its Subcontract within thirty (30) Days from the receipt of each payment the Contractor receives from the City. 2.6 Purchase Orders Purchase orders shall be issued referencing this Contract number. Purchase order(s) shall define and authorize the Work by the Contractor based on the prices contained in this Contract. The purchase orders issued by the City may reflect agreed to Contract Amendments. 2.7 Pricing Prices shall be as stated in the Contract Price, and shall remain firm during the initial term. Any price adjustments shall be addressed in accordance with paragraph 1.2, Contract Amendment. 2.8 Shipping Charges All prices shall include freight FOB to the designated delivery point. The City shall reject requests for additional compensation for freight charges. 2.9 Acceptance Process The City may Accept Work by phase or milestone as specified in the Scope of Work. The Contractor will give the City “notice of completion” of Work related to a specific milestone following the Contractor’s completion of all such Work in accordance with the requirements in the Contract. A. Acceptance Process Upon completion of the milestone deliverables, the Contractor will notify the City and the Acceptance process will commence. Acceptance shall be based on conformance with the Scope of Work. After notice by Contractor of completion of the milestone, City will issue a written notice of milestone Acceptance or Provide Contractor with a notification of rejection, which will include documentation of the specific grounds for the rejection, outlining items not in compliance with the deliverables. B. Correction of Deficiencies Process If a deliverable is rejected, Contractor will have a commercially practicable time to correct items documented in the City’s notification of rejection. Following the receipt of Contractors’ notice that the Work has been corrected, the City will issue a written notice of Acceptance or provide Contractor with a notification of rejection, which will include documentation of the specific grounds for the rejection, outlining Work not in compliance with the milestone. The project schedule will be adjusted accordingly in the event that a dispute regarding the method or accuracy of the correction causes a delay. If the deliverable(s) fails to comply with the milestone after Contractor’s second attempt to correct the Work and no clear plan can be agreed upon between the City Project Manager and the Contractor’s Project Manager, the City will determine the appropriate corrective action(s) up to and, including declaring a breach of Contract. 2.10 Final Acceptance Process The City shall begin the Final Acceptance process as follows: 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 106 of 249 City of Renton Police Digital In-Car Video System Contract 18 | P a g e A. The parties shall agree on the start date for the Acceptance test. B. The Acceptance test shall include thirty (30) days of continuous operation of the Work without material defect in accordance with the Contract in the City’s fully implemented production environment. C. If the City Accepts the Work, the City will send a notice of Final Acceptance to the Contractor. D. If the City determines that the Work is not Acceptable, the City shall notify the Contractor in writing, describing the deficiencies. E. The Contractor shall either Provide a detailed, written plan to achieve Final Acceptance or to make corrections or replacements within a mutually agreed upon time period. The parties shall mutually agree on a start date for beginning another Acceptance test. F. Another thirty (30) Day successful operation period shall follow any corrections or replacements to the Work. Subsequent thirty five (35) Day operation Acceptance test periods can occur if mutually agreed to by the parties. G. If the City Accepts the Work following a second or subsequent Acceptance test the City will send a notice of Final Acceptance to the Contractor. H. If the Contractor does not correct or replace the unacceptable Work the City may declare a breach of Contract. 2.11 Warranty Provisions A. No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of Scope of Work or plans, payment for Work, or Acceptance or Final Acceptance of the Work by the City shall not constitute a waiver of any rights under this Contract or in law. The termination of this Contract shall in no way relieve the Contractor from its warranty/guarantee responsibility. B. Warranty Term The Contractor warrants that the Work performed under this Contract shall be free from defects in material and workmanship, and shall conform all requirements of this Contract, for a period of twelve (12) months from date of Final Acceptance of such Work by the City. Any Work corrected shall be subject to this paragraph to the same extent as the Work initially Provided. C. Warranty Applicable to Third Party Suppliers, Vendors, Distributors and Subcontractors The Contractor shall ensure that the warranty requirements of this Contract are enforceable through and against the Contractor's suppliers, vendors, distributors and Subcontractors. The Contractor is responsible for liability and expense caused by any inconsistencies or differences between the warranties extended to the City by the Contractor and those extended to the Contractor by its suppliers, vendors, distributors and Subcontractors. Such inconsistency or difference shall not excuse the Contractor's full compliance with its obligations under this Contract. The Contractor shall cooperate with the City in facilitating warranty related Work by such suppliers, vendors, distributors and Subcontractors. 2.12 Express Warranties for Services A. Contractor warrants that the Services shall in all material respects conform to the requirements of this Contract. B. Contractor warrants that qualified professional personnel with in-depth knowledge shall perform the Services in a timely and professional manner; and that the Services shall conform to the standards generally observed in the industry for similar Services. C. Contractor warrants that the Services shall be in compliance with all applicable laws, rules and regulations. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 107 of 249 City of Renton Police Digital In-Car Video System Contract 19 | P a g e D. Contractor warrants that the performance of the Services and any Software Provided is free from intentional Viruses, disabling code or other intentional programming defects. Prohibited intentional programming defects include, but are not limited to, features such as “backdoor shutdown mechanisms”, “time bombs”, “automatic unauthorized connection to outside systems”, programming that responds to or provides information to outside systems’ “pinging”, and features that can “retire”, “shut down”, “cripple” or “stop” the Software. Contractor further warrants that neither the Software alone or through contact with the Contractor is capable of electronic self-help that may deprive the City of the use of the licensed Software. THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.13 Express Warranties for Software A. Contractor warrants that on the date of Final Acceptance, the Software Provided hereunder shall be substantially free from programming Errors and when used in accordance with this Contract shall operate and conform to the Scope of Work, performance capabilities, functions and other descriptions and standards as identified in this Contract and all supplemental information Provided by Contractor. B. Contractor warrants that it has full power and authority to license or sublicense the Software to the City without the consent of any other Person. C. Contractor warrants that the Software, the License to the City to use the Software, instructions for use of the Software, Documentation and the performance by Contractor of the Services, shall be in compliance with all applicable laws, rules and regulations. D. Contractor warrants the tapes, CD’s, DVD’s or other media delivered to the City to be free of defects in materials and workmanship under normal use for sixty (60) Days from the date of receipt by the City. E. Contractor warrants that the Software Provided is free from intentional Viruses, disabling code or other intentional programming defects. Prohibited intentional programming defects include, but are not limited to, features such as “backdoor shutdown mechanisms”, “time bombs”, “automatic unauthorized connection to outside systems”, programming that responds to or Provides information to outside systems’ “pinging”, and features that can “retire”, “shut down”, “cripple” or “stop” the Software. Contractor further warrants that neither the Software alone or through Contract with the Contractor is capable of electronic self-help that may deprive the City of the use of the licensed Software. F. Contractor warrants that future maintenance or Software releases shall not degrade the Software, cause a breach of any other warranty or require the City to purchase new or additional hardware or Software for continued operation of the Software. G. Contractor warrants functionality as described in the Scope of Work and represents that the Work identified in the Contract has been specifically selected, designed, and/or configured for the City as being an operationally efficient integration of Hardware, Software and Services. H. Contractor shall be responsible for Providing and implementing a Software and/or Hardware system that is successfully integrated into the existing system environment of the City and meets the functional requirements as specified in this Contract. THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 108 of 249 City of Renton Police Digital In-Car Video System Contract 20 | P a g e 2.14 Express Warranties for Hardware A. Maintenance for 1 year from the point of installation with the option to extend, at City’s discretion. Where there is a Manufacturer’s Warranty that is less than 12 months, Contractor shall warrant all Hardware for the remainder of the 12 month period. 2.15 Warranty Remedies A. If at any time during the twelve (12) month period immediately following Final Acceptance of any Work covered by this Contract, Contractor or the City discovers one or more material defects or Errors in the Work or any other aspect in which the Work materially fails to meet the provisions of the warranty requirements herein Contractor shall, at its own expense and within thirty (30) Days of notification of the defect by the City, correct the defect, Error or nonconformity by, among other things, making additions, modifications, adjustments, or replacements to the Work as may be necessary to keep the Work in operating order in conformity with the warranties herein. Any Work corrected shall be subject to this subsection to the same extent as the Work initially Provided. B. There must be a sixty (60) day warranty period, during which the City may return defective media to Contractor and it shall be replaced without charge to the City. C. In order to qualify for remedial action under these warranties, the City shall report a warranty failure to the Contractor in writing within the applicable warranty period from the date of Final Acceptance. The Contractor shall not be responsible for remedial action under this warranty to the extent the failure to meet the warranty is caused by modification to the product(s) by the City or anyone other than the Contractor or its Subcontractors, unless under Contractor’s or its Subcontractor’s direction. D. The City shall give written notice of any defect to the Contractor. If the Contractor has not corrected the defect within thirty (30) Days after receiving the written notice, the City, in its sole discretion, may correct the defect itself. In the case of an emergency where the City believes delay could cause serious injury, loss or damage, the City may waive the written notice and correct the defect. In either case, the City shall charge-back the cost for such warranty repair to the Contractor. E. The Contractor is responsible for all costs of repair or replacement against defects in material and workmanship under normal use and service in order to restore the Work to the applicable Contract requirements or Scope of Work, including shipping charges, for Work found defective within the warranty period, regardless of who actually corrects the defect. F. In the event the City decides to purchase the Priority Warranty, the Contractor is responsible for all costs of repair or replacement in order to restore the Work to the applicable Contract requirements or Scope of Work, including shipping charges, for Work found defective and/or was unintentionally damaged within the warranty period, regardless of who actually corrects the defect. 2.16 Defective Work Prior to Final Acceptance, when and as often as the City determines that the Work, furnished under the Contract is not fully and completely in accordance with any requirement of the Contract, it may give notice and description of such non-compliance to the Contractor. Within ten (10) Days of receiving such written notification, the Contractor shall supply the City with a detailed, written plan which indicates the time and methods needed to bring the Work in compliance with the Contract. The City may reject or accept this plan at its discretion. If the City rejects the plan the Contractor may be determined to be in material default of the Contract. This procedure to remedy defects is not intended to limit or preclude any other remedies available to the City by law, including those available under the Uniform Commercial Code, Title 62A RCW. 2.17 Hardware and Software Warranty Process During the warranty period, Hardware and Software support shall be as described in the Maintenance Agreement, Attachment F. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 109 of 249 City of Renton Police Digital In-Car Video System Contract 21 | P a g e 2.18 Hardware and Software Maintenance After the warranty period, Hardware and Software Maintenance support shall be as described in the Maintenance Agreement, Attachment F. 2.19 Independent Status of Contractor In the performance of this Contract, the parties shall be acting in their individual, corporate or governmental capacities and not as agents, employees, partners, joint ventures, or associates of one another. The parties intend that an independent Contractor relationship shall be created by this Contract. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. Contractor shall not make any claim of right, privilege or benefit, which would accrue, to an employee under RCW 41.06., or RCW Title 51. 2.20 Non-Disclosure of Data Data provided by the City either before or after Contract award shall only be used for its intended purpose. Contractors and Subcontractors shall not use nor distribute the City data in any form without the express written approval of the City. 2.21 Non-Disclosure Obligation While performing the Work under this Contract, the Contractor may encounter personal information, licensed technology, Software, Documentation, drawings, schematics, manuals, data and other materials described as “Confidential”, “Proprietary” or “Business Secret”. The Contractor shall not disclose or publish the information and material received or used in performance of this Contract. This obligation is perpetual. The Contract imposes no obligation upon the Contractor with respect to confidential information which the Contractor can establish that: a) was in the possession of, or was rightfully known by the Contractor without an obligation to maintain its confidentiality prior to receipt from the City or a third party; b) is or becomes generally known to the public without violation of this Contract; c) is obtained by the Contractor in good faith from a third party having the right to disclose it without an obligation of confidentiality; or, d) is independently developed by the Contractor without the participation of individuals who have had access to the City’s or the third party’s confidential information. If the Contractor is required by law to disclose confidential information the Contractor shall notify the City of such requirement prior to disclosure, to allow City to seek legal protection of such information. The notice shall allow for ten (10) business days to take whatever action the City deems necessary to protect its interests. 2.22 Public Disclosure Requests This Contract shall be considered a public document and will be available for inspection and copying by the public in accordance with the Public Records Act, RCW 42.56 (the “Act”). If the Contractor considers any portion of any record provided to the City under this Contract, whether in electronic or hard copy form, to be protected under law, the Contractor shall clearly identify each such portion with words such as “CONFIDENTIAL,” “PROPRIETARY” or “BUSINESS SECRET.” If a request is made for disclosure of such portion, the City will determine whether the material should be made available under the Act. If the City determines that the material is subject to disclosure, the City will notify the Contractor of the request and allow the Contractor ten (10) business days to take whatever action it deems necessary to protect its interests. If the Contractor fails or neglects to take such action within said period, the City will release the portions of record(s) deemed by the City to be subject to disclosure. The City shall not be liable to the Contractor for inadvertently releasing records pursuant to a disclosure request not clearly identified by the Contractor as “CONFIDENTIAL,” “PROPRIETARY” or “BUSINESS SECRET.” 2.23 Pricing of Spare Parts The City may, in its discretion, conduct a Cost or Price Analysis on specific spare parts, including but not limited to, if pricing appears to be in excess of standard industry pricing for similar parts. The City is not required to 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 110 of 249 City of Renton Police Digital In-Car Video System Contract 22 | P a g e purchase spare parts under this Contract if it can purchase the same item(s) from another source under terms that are more advantageous to the City. 2.24 Product Return The City reserves the right to return to the Contractor, those parts and supplies determined to be surplus and no longer required by the City. Parts and supplies eligible for return to the Contractor shall have been ordered by the City for inventory or as spares, be unused, and in the same general condition as when received. The City shall advise the Contractor in writing of its intention to return any parts and supplies before the Contract closes. Products returned are subject to fifteen (15) percent re-stocking fee. The Contractor shall only be authorized a restocking fee if agreed to at the time of Contract execution and as described in Attachment A, Price, for the return of parts and supplies. The Contractor shall, at the City’s option, issue a credit for the dollar value of the merchandise returned or refund that dollar amount (less any restocking fee) to the City. This paragraph does not apply to any merchandise made to order for the City. 2.25 No Prototype Components All Work shall be in production and be used by customers comparable to the City at the time of the Contract Effective Date. Test or prototype items shall be clearly identified as such. A sufficient inventory of the Work shall be available to meet delivery requirements. 2.26 Industrial and Hazardous Waste The Contractor shall comply with all applicable local ordinances, state and federal statutes, and supporting rules and regulations governing the discharge of industrial waste to a public sewer, private sewer, or side sewer tributary to any sewerage system. Contractor shall handle and dispose of all hazardous wastes in compliance with all applicable local, state and federal laws and regulations, including the Resource Conservation and Recovery Act, the Washington Hazardous Waste Management Act, and applicable rules and regulations of the Environmental Protection Agency and the Department of Ecology governing the generation, storage, treatment, transportation or disposal of hazardous wastes. 2.27 Prohibition on Asbestos-Containing Products Asbestos-containing products shall not be provided to the City under this Contract, unless no practicable alternative for the asbestos-containing product exists and the Contractor obtains the written consent of the City. The Contractor shall notify the City in writing at least sixty (60) Days before it plans to supply the City with an asbestos-containing product. The City shall respond to such notification within thirty (30) Days of receipt. The Contractor shall comply with applicable state, federal and local labeling and other laws, regulations and ordinances pertaining to asbestos-containing products, including, but not limited to, the State of Washington Industrial Safety and Health Act and the federal Occupational Safety and Health Act. 2.28 Design Defects The City shall declare a design defect in the event that ten percent (10%) of the number of like items purchased under this Contract fail for the same failure. The City shall notify the Contractor of the defect in writing; the Contractor shall Provide a modification, redesign or a plan to correct the defect within thirty (30) Days of receipt of the notification. The warranty period and terms for corrected items shall be the same as for the initial items purchased under this Contract. An extended warranty on items determined to be design defects shall have the same term as the original warranty. This extended warranty shall begin on the correction of the defect. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 111 of 249 City of Renton Police Digital In-Car Video System Contract 23 | P a g e If repairs or modifications made necessary by design defects are not completed for an extended period of time, the extended period of the lack of correction shall not be considered in computing the warranty end date. The same warranty shall remain in effect until a correction is implemented. 2.29 Changed Requirements New federal, state and City laws, regulations, ordinances, policies and administrative practices may be established after the Contract Effective Date is established and may apply to this Contract. To achieve compliance with changing requirements, the Contractor agrees to accept all changed requirements that apply to this Contract and require Subcontractors to comply with revised requirements as well. Changed requirements shall be implemented through paragraph 1.2, Contract Amendment. 2.30 Software License Subject to the terms and conditions set forth in this Contract and the Software License Agreement, Attachment E, including payment of the license fees by City to Contractor, Contractor hereby grants to City a perpetual, non- exclusive, non-transferable license to use the Software, including any Software and Source Code released, as well as any Documentation. 2.31 Disaster Recovery In the event a disaster is declared at any City site(s), Contractor will allow the City the right to use the Software in accordance with the Software License Agreement, Attachment E at the recovery site identified by the City, at no additional cost to the City for moving the Software to the recovery site Services or maintenance. 2.32 Bug Status Reports The Contractor shall Provide bug status reports specifying all known outstanding bugs in the current version of the Software. The initial bug status report shall accompany the Software when delivered. Subsequent reports shall be Provided monthly or as agreed to by the City Project Manager. 2.33 Enhancements, Upgrades, Replacements and New Versions of Software A. The Contractor agrees to Provide to the City, at no cost, prior to, and during installation and implementation of the system any Software/firmware Enhancements, Upgrades and replacements which the Contractor initiates, or generates. B. As long as the City has a Maintenance Agreement , Attachment F, the Contractor shall notify the City of the availability of newer versions of the Software and within thirty (30) Days Provide the City with this new version. The Contractor shall Provide Updated Documentation in the form of new revision manuals or changed pages to current manuals consistent with the original Documentation supplied and reflecting the changes included in the new version of the Software. The Contractor shall Provide bug status reports specifying all known, outstanding bugs in the new Software version(s). The information shall be updated periodically as new information and work-arounds become known. The Contractor shall also Provide installation instructions, procedures and any installation program required by the Enhancement, Upgrade, Replacement or New Versions of the Software. C. Contractor shall configure the most robust and cost-effective, latest-technology system to meet the City's needs and developing systems requirements. The Software and Hardware to be delivered shall be the current production version as determined by the City. D. The Vendor agrees that as long as the City is current on its annual maintenance with the Vendor that the City shall have the right, at its option, to migrate to any new Software product with similar functionality that the Vendor develops, sells or acquires, including but not limited to Software written in a new language, on a new platform, and/or on a new database, at no charge to the City. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 112 of 249 City of Renton Police Digital In-Car Video System Contract 24 | P a g e 2.34 HIPAA – Protecting Patient Privacy The Work under this Contract may require compliance with “The Health Insurance Portability and Accountability Act of 1996” (HIPAA). 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 113 of 249 City of Renton Police Digital In-Car Video System Contract 25 | P a g e SECTION 3 INSURANCE REQUIREMENTS 3.1 Evidence and Cancellation of Insurance A. Prior to execution of the Contract, the Contractor shall file with the City evidence of insurance and endorsements from the insurer(s) certifying to the coverage of all insurance required herein. All evidence of insurance shall be certified by a properly authorized officer, agent, general agent or qualified representative of the insurer(s) and shall certify the name of the insured, the type and amount of insurance, the location and operations to which the insurance applies, the expiration date, and that the City shall receive notice at least forty-five (45) Days prior to the effective date of any cancellation, lapse or material change in the policy. B. The Contractor shall, upon demand of the City, deliver to the City all such policies of insurance, and all endorsements and riders, and the receipts for payment of premiums thereon. C. Failure to Provide such insurance in a timeframe acceptable to the City shall enable the City to suspend or terminate the Contractor's Work hereunder in accordance with Contract provisions regarding "Termination for Convenience/Default/Non-appropriation." Suspension or termination of this Contract shall not relieve the Contractor from its insurance obligations hereunder. 3.2 Insurance Requirements A. The Contractor shall obtain and maintain the minimum insurance set forth below. By requiring such minimum insurance, the City shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this Contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the Scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained with this provision shall affect and/or alter the application of any other provision contained with this Contract. For all coverages: 1. Each insurance policy shall be written on an “occurrence” form; excepting insurance for professional liability/errors and omissions. Professional liability/errors and omissions when required, may be acceptable on a “claims made” form. 2. If coverage is approved and purchased on a “Claims Made” basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three (3) years from the date of completion of the Work which is the subject of this Contract. B. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. General Liability: The Consultant shall secure and maintain commercial liability insurance in the amount of $1,000,000 in full force throughout the duration of this Consultant Agreement. It is agreed that on the CONTRACTOR’s policy, the City of Renton will be named as Additional Insured(s) on a non-contributory primary basis. A certificate of insurance and the Primary & Non-Contributory Additional Insurance Endorsement page, properly endorsed, shall be delivered to the City before executing the work of this Contract. Please note: The cancellation language must read “Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days’ written notice to the certificate holder named herein.” 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 114 of 249 City of Renton Police Digital In-Car Video System Contract 26 | P a g e 2. Automobile Liability: In the event that use of an automobile is required in the performance of this Contract, Automobile Liability coverage shall be Provided, with the minimum limits set out herein. 3. Professional Liability: Professional Liability, Errors and Omissions coverage. In the event that services pursuant to this Contract either directly or indirectly involve or require professional Services, Professional Liability, Errors and Omissions coverage shall be Provided. 4. Workers’ Compensation: Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this Work by applicable federal or “Other States” State Law. 5. Employers Liability or “Stop Gap”: The protection Provided by the Workers Compensation Policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the General Liability policy. 3.3 Minimum Limits of Insurance A. The Contractor shall maintain limits no less than, for: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $2,000,000 aggregate limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Professional Liability, Errors and Omissions: $1,000,000 per Claim and in the Aggregate. 4. Workers’ Compensation: Statutory requirements of the state of residency. 5. Employers Liability Stop Gap: $1,000,000. 6. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions shall be declared to, and approved by, the City. The deductible and/or self-insured retention of the policies shall not limit or apply to the Contractor’s liability to the City and shall be the sole responsibility of the Contractor. 7. Other Insurance Provisions: The insurance Provided pursuant to these requirements shall be on a Primary and Non-Contributory basis. Any insurance and/or self-insurance maintained by the City, its officers, officials, employees or agents shall not contribute with the insurance or benefit the Contractor in any way. 8. Liability Policies: The City, its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. To the extent of the Contractor’s negligence, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and agents. The Contractor’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability. B. Acceptability of Insurers Unless otherwise approved by the City: Insurance is to be placed with insurers with a Bests’ rating of no less than A:VIII, or, if not rated with Bests’, with minimum surpluses the equivalent of Bests’ surplus size VIII. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 115 of 249 City of Renton Police Digital In-Car Video System Contract 27 | P a g e If at any time one of the foregoing policies shall fail to meet the above stated requirements, the Contractor shall, upon notice to that effect from the City, promptly obtain a new policy, and shall submit the same to the City, with the appropriate certificates and endorsements, for approval. C. Subcontractors The Contractor shall include all Subcontractors as insureds under its policies, or shall furnish separate certificates of insurance and policy endorsements for each Subcontractor. Insurance coverages provided by Subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. D. Work Site Safety The Contractor shall have the “right to control” and bear the sole responsibility for the job site conditions, and job site safety. The Contractor shall comply with all applicable federal, state and local safety regulations governing the job site, employees and Subcontractors. The Contractor shall be responsible for the Subcontractor’s compliance with these provisions. E. Endorsements Additional Insured Endorsement shall be included with the certificate of insurance. The City requires this Endorsement to complete the Contract. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 116 of 249 City of Renton Police Digital In-Car Video System Contract 28 | P a g e Attachment A: Price A1. Pricing and Billing A1.1 Pricing The Contractor and the City agree to the attached Coban Price Quote dated 4/23/2010. A1.2 Billing Coban will invoice for all hardware and software components when shipped. Services listed are fixed price and will be invoiced once the services are rendered. A1.3 Payments The compensation to be paid to the Contractor by the City for all services will be as set forth in the Pricing / Equipment List and City Purchase Order. The City shall make payment within thirty (30) days following the receipt of the Contractor’s invoice. Should additional work beyond the scope of the services detailed herein by the Contractors be requested by the City, fees for such services will be negotiated in writing with the City prior to performing such work.  Invoice shall be sent to: CITY OF RENTON Attn: Debbie Scott 1055 S Grady Way Suite #110 Renton, WA 98057  Payment shall be mailed to: COBAN Technologies, Inc. Account Receivable 12503 Exchange Drive, Suite 536 Stafford, TX, 77477 A1.4 Change Orders All Change Orders shall be in writing and approved by both parties and shall be subject to the same term and conditions as this Contract. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 117 of 249 City of Renton Police Digital In-Car Video System Contract 29 | P a g e Coban Price Quote Sales Quote Quote # Date RPD040610-B 4/23/2010 Bill To: Ship To: Renton Police Department Renton Police Department 1055 South Grady Way 1055 South Grady Way Renton, WA 98057 Renton, WA 98057 Contact: Commander David Leibman Sales Rep. Quotation Expiration Terms FOB Point Pete Lin 90 DAYS NET 30 DAYS Renton City Hall Part Number Description List Price Quantity Total Coban In-Car In-Car Systems SYSED-02 TopCam "EDGE" - 5.7" Monitor System Single Camera & Microphone Window XP Embedded 5.7" Touchscreen Monitor Power Supply 32 GB Internal SSD (Solid State Drive) 32 GB Removable SSD Sony Digital Camera- Front facing only, Color Wireless Transmitter/Receiver Covert Backseat microphone Internal 802.11 a/g/n wireless card Three Year Limited Warranty $ 4,550.00 30 $ 136,500.00 Coban Options SCOPT-01 GPS $ 250.00 30 Included SCOPT-02 CRASH SENSOR $ 250.00 30 Included SCOPT-09 Detached Wide Angle IR Camera (includes 1 - 12ft extension) $ 150.00 30 $ 4,500.00 Coban Spares SCPKB-01 Package B ( Transmitter kit) $ 335.00 3 Optional SCPKB-014 Transmitter Antenna $ 12.00 Optional SCPKB-013 Lapel mic with LEMO $ 45.00 Optional SCPKB-012 Lithium Ion Battery $ 20.00 Optional SCPKB-019 Microphone - Leather Pouch $ 20.00 Optional SCMH-4018T 32 GB Removable SSD Recommended $ 550.00 3 Optional Coban Transfer Hardware In-Car SCOPT-20 Fixed Wireless-External Antenna (per vehicle) $ 150.00 30 $ 4,500.00 Coban BackOffice Software ($250 per in-car system per year) WDVMS-LC1 DVMS Maintenance, Support, Upgrades-Year 1 $ 250.00 30 $ 7,500.00 WDVMS-LC2 DVMS Maintenance, Support, Upgrades-Year 2 $ 250.00 $ - WDVMS-LC3 DVMS Maintenance, Support, Upgrades-Year 3 $ 250.00 $ - 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 118 of 249 City of Renton Police Digital In-Car Video System Contract 30 | P a g e Hardware BMIS-00 Mobile HDD Up-Load Stand $ 175.00 3 $ 525.00 BMIS-07 Multi Upload Cradle (4 HDD) $ 795.00 $ - Workstations Note: DVMS Workstation require Microsoft XP BWKST-01 Standard - Upload Workstation Provided by Department Automated DVD Burner Note: DVMS-Automated DVD Burning Software must be purchased whether DVD burner is supplied by Coban or PD. Also requires minimum of ONE LSET-06 for setup. DVMS extended storage capabilities with DVD Burner. BDVD - 50 50 Disk - Automated Robotic CD/DVD Back-up Solution- Table Top / Rack Mount $ 3,350.00 Optional LSET-06 Automated DVD Burner Configuration $ 500.00 Optional WLIC - 14 DVMS - Automated DVD Burning Software $ 2,995.00 BDVD-01 Rail Kit / Kiosk Kit $ 150.00 Coban Services Back Office Pre-Config All prices are based on one working day and person. An additional charge of $1000.00 per day will need to be added for additional days and if Hardware setup is required. LSET-01 Workstation Hardware & software configuration $ 250.00 1 $ 250.00 LSET-03 Server with Internal RAID Hardware & software configuration $ 2,500.00 1 $ 2,500.00 LSET-05 Tape Library Software and Hardware Configuration ( PD will need to provide the appropriate TSM License ) $ 2,500.00 Optional LSET-06 Automated DVD Burner Hardware & software configuration $ 500.00 $ - LSET-07 Wireless AP configuration (per A.P.) $ 500.00 TBD LSET-10 Wireless Client Configuration (per car) $ 50.00 2 $ 100.00 LSRV-03 Project Management Fee / Hr. $ 150.00 30 $ 4,500.00 In-Car Installation LINST-01 In-Car Hardware Installation / Car - Coban certified personnel to install equipment on site. Charge includes Travel, Lodging, etc. $ 375.00 $ - Training Training prices are based on one trainer per day. An additional charge of $1000.00 per day will need to be added for additional day. LTRN-01 In-Car Installation Training - Includes Travel (all prices based on 1 day up to 2 cars) Upon completion of training course, trained personnel are certified on installation of Coban TopCam Edge In-Car Hardware $ 2,000.00 1 $ 2,000.00 LTRN-02 On-Site Admin/Officer Training - include Travel - Train the Trainer (2 X 4hr session, up to 8 attendees per session) $ 2,500.00 1 $ 2,500.00 LTRN-09 LTO Training ( tape library ) $ 1,000.00 Warranty WARR-E2 TopCam EDGE - Fourth Year Extended Warranty $ 250.00 Optional WARR-E3 TopCam EDGE - Fifth Extended Warranty $ 445.00 Optional WARR-EP3 TopCam EDGE - Extended Priority 3 Year $ 545.00 Optional WARR-EP4 TopCam EDGE - Extended Priority 4 Year $ 725.00 Optional WARR-EP5 TopCam EDGE - Extended Priority 5 Year $ 950.00 30 $ 28,500.00 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 119 of 249 City of Renton Police Digital In-Car Video System Contract 31 | P a g e WARR-DVD Automated DVD Burner - 2nd and 3rd Year Extended Warranty $ 500.00 Optional Shipping LSHIP-01 Shipping per unit cost ( TopCam ) All deliveries are F.O.B. Destination; Insured Stafford, TX to Destination $ 75.00 30 $ 2,250.00 Total $ 196,125.00 Tax 9.50% $18,631.88 Total $ 214,756.88 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 120 of 249 City of Renton Police Digital In-Car Video System Contract 32 | P a g e Attachment B: Statement of Work B1. Introduction This Statement of Work (“SOW”) has been made and entered into, by and between, COBAN Technologies, Inc., (hereinafter referred to as “COBAN”) and CITY OF RENTON (the " City "). This Contract consists of the provisions set forth below, including provisions of all attachments to this Contract. The following pages describe the products, services and support information pertaining to the purchase of the Coban Digital In-Car Video Solution. (Herein after referred to as “DICVS”) B1.1 Project Objective This project will implement the DICVS consisting of in-car recording system with back office Digital Video Management Solution (herein after referred to as “DVMS” ). B1.2 Project Location Work shall be performed at the following location: Back Office Installation Location: 1055 S Grady Way Renton, WA 98057 __________________________ In-Car Installation Training / Installation Location: 1055 S Grady Way Renton, WA 98057 or 3555 NE 2nd St Bldg. B Renton, WA 98056 B1.3 Document Objective This document will constitute the full scope of work for the Digital In-Car Video Solution project. Any change or modification to this document after acceptance will require a change request that is signed by the City and COBAN. The following specification requirements are met with these documents.  Define overall project scope and task objective for the project.  Define the bounds of ownership and responsibility between the City and COBAN for the completion of the project.  Define project deliverables and City acceptance criteria for project closure and sign off. B1.4 Project Deliverables Coban will provide written documentation defining the following aspects of the DICVS in the format specified:  Detailed Equipment List ( PDF ) 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 121 of 249 City of Renton Police Digital In-Car Video System Contract 33 | P a g e  Detailed Equipment Specifications  DVMS User’s Guide ( PDF )  In-Car Hardware Guide ( PDF )  Mobile Recorder User’s Guide ( PDF )  Mobile Recorder Quick Reference ( PDF )  In-Car System Installation Guide ( PDF )  TopCam Training ( PPT )  DVMS Training ( PPT ) B2. Services Provided B2.1 Project Confirmation The City and COBAN will begin the project by conducting a kickoff meeting for review and confirmation of the proposed solution. COBAN will conduct a thorough discovery base on surveys completed by the City to fully understand the City’s technical needs and quality the proposed equipment and application requirements. It is the City’s intention to purchase 30 in-car systems over a three year period subject to the availability of funds. Phase I will include 10 in-car systems, the supporting infrastructure and Coban installation, configuration, and training services (all items listed in the Statement of Work except 20 in-car systems and their associated costs). Phase II will be additional in-car systems purchased in year two and Phase III will be additional in-car systems purchased in year three. B2.2 Project Implementation and Configuration COBAN Engineer Team will stage, install and configure the in-car recoding system and DVMS application for this project according to the specific listed below: 1. In-Car Hardware Purchased: ( 30 ) – TopCam Edge  5.7” Touch Screen Monitors  CPU Module with 32GB Solid State Drive  Power Module  32 GB Removable Solid State Drives with USB2.0 interface  CCD Camera  Wireless Microphone Receiver and transmitter (Including Li-ion battery 110mA, leather pouch, car charger cable, wall charger cable)  12 ft. In-Car covert microphone  Microsoft Windows XP Embedded  Internal 802.11 a/b/g wireless card ( 30 ) – GPS ( 30 ) – Crash Sensor ( 30 ) – Detached Wide Angle IR Camera ( 30 ) – Fixed Wireless External Antenna ( 3 ) – Wireless Microphone Transmitter Package B ( 3 ) – Removable Hard Disk 2. Back office Hardware Purchased: ( 3 ) USB 2.0 Upload Cradle 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 122 of 249 City of Renton Police Digital In-Car Video System Contract 34 | P a g e 3. Services Purchased:  ( 1 ) DVMS Workstation Client Config ( day )  ( 1 ) DVMS Server with Storage Config ( day )  ( 2 ) Wireless In-Car Client Config ( day )  ( 30 ) Project Management & Technical Service ( hr.)  ( 1 ) In-Car Installation Training ( day)  ( 1 ) Admin and Officer Training ( day ) 4. Maintenances Purchased:  ( 30) DVMS Maintenance Support – Year 1  ( 30) TopCam Edge Extended Priority – Year 1-5 (or other extended warranty as specified upon device purchase) 5. Workstations & Upload Solution(s): The City will be implementing a wireless upload solution via 802.11G connectivity to provide wireless upload capability. COBAN’s digital in car unit will connect to this solution via COBAN’s 802.11G wireless card to facilitate the wireless upload of the recorded video. It is the City’s responsibility to have the Wireless equipment installed and configured prior to Coban arriving on site for testing. The City will also be using the removable hard drive upload solution; recorded video will be up-loaded from the TopCam Edge system to the server via removable hard drive. The City will be providing its own workstations for this purpose and ensure that the workstation(s) meets the Coban minimum upload workstation requirement listed below.  OS should be Windows XP Professional with SP2 or above.  Recommended Core 2 DUO, 2.2GHz or Higher  Recommended 2GB RAM or Higher  Minimum of 64 MB Graphics card  USB 2.0 port for upload cradle (for Mobile HDD upload and download)  Windows Media Player 9.0 or higher  Active Ethernet Connection 100 base-T or faster. The equipment listed above only applies to workstations that the City will use for upload, view and export of recorded videos to and from the storage array. Workstations that the City simply wishes to be able to view videos and run reports from the DVMS City Software need only to be running Windows XP Pro, MPEG II Codec, and have an active Ethernet connection. The DVMS City Software may be loaded on to additional workstations (by the City) with no additional license fees incurred from COBAN. 6. Back Office Setup The City will provide its own back end storage hardware and ensure the Server will meet Coban’s minimum specification requirements:  Core 2 DUO, 2.2GHz or Higher  2GB RAM or Higher  Mirrored SCSI drive for OS and database.  The OS should be Windows Server 2003 R2 or Windows Server 2008 with the latest service pack.  Microsoft SQL Server 2005 with 5 CAL or SQL Server 2008 with 5 CAL ( SQL Express 2005 or SQL Express 2008 may be used if 2 or less workstations are connected to the Server )  Windows 2003 or Windows 2008 Server with the latest service pack. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 123 of 249 City of Renton Police Digital In-Car Video System Contract 35 | P a g e  Disk Storage Array system must be configured. Note that NAS is not supported; it should be either internal Raid or SAN storage.  Partition(s) must be formatted and assigned a drive letter by the server.  Server should be racked and running with network access and a UPS backup. Coban shall install DVMS application on the server. Coban Engineer will test connectivity and operability from the workstation to the server. An authorized member of the City’s Information Technology Department MUST be on hand for this installation when the DVMS storage devices are to be added to the City existing network. 7. Installation Training Provided by Coban COBAN technicians will train the City technicians / 3rd Party Outfitter on the proper installation and support of the TopCam Edge system. COBAN technician will use up to two ( 2 ) vehicles as installation training vehicles ( unless detailed otherwise in quote). The City / 3rd party outfitter shall provide the installation location and ensure that the vehicles and technicians to be trained are available at the agreed upon time. Upon successful completion of each phase, authorized City personnel will be required to approve the installation and training. Successful, timely completion of the installation and testing will depend on many “outside” factors pertaining to the existing equipment that are currently in the vehicle. COBAN shall install these units under the assumption that ALL scheduled vehicles have been thoroughly assessed by the City and approved for said installation. Any failure or inconsistency noted during installation and testing shall be reported immediately to the City for resolution. (An example of one of the most commonly found failures during installations are that the battery in the vehicle is not charging properly or is not holding a charge properly. This can cause a premature “shutdown” of the digital in car unit, or the existence of “scotch locks” on existing cabling). Delays due to vehicles not being available or vehicles not approved for installation may result in additional fees to the City. System record triggers will be determined prior to the project work order, if additional triggers are requested, a work change order must be submitted and any additional costs (if applicable) will be approved by the City prior to said triggers being installed and configured. 8. Training The City has opted for “Train the Trainer” approach. COBAN will train the appropriate City personnel who in turn will be responsible for training the officers and other authorized City personnel on the operation of the digital in car unit and DVMS storage application. Electronic user manuals on all equipment and applications installed will be provided to the City for review. COBAN will provide one (1) day training; consist of two (2) sessions. Morning session ( 8am-12pm) Administrator / Back Office Training, afternoon session (1pm-5pm) Officer / In-Car Training. It is recommended that there be no more than eight (8) trainees per session. 9. Training Outline Hours System Administrator’s Training 1 x 4hr Solution Overview In-Car Operation Overview DVMS System Operation and Management: Server Operation & Management DVMS Maintenance Server Maintenance Overall Review wrap-up 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 124 of 249 City of Renton Police Digital In-Car Video System Contract 36 | P a g e B3. Responsibilities B3.1 City’s Responsibilities This SOW is provided based on the following requirements met by others and following key assumptions. Any deviations from these assumptions that arise during the project shall be managed in writing by the City’s Project Manager as specified in A1.4. Parties agree that any changes in the assumption may result in adjustment in pricing and project timeline. City understands additional services and fees may be required if inaccurate or incomplete data/information sis supplied to COBAN.  Provide a single point of contact for project coordination with COBAN.  Provide a list of key resources for affected areas by the project to the COBAN Project Manager prior to the project kick off; including Name, Title and Area of Focus, phone & E-Mail wherever possible.  Notify COBAN 21 days in advance of schedules change.  Complete COBAN provided Vehicle Survey, Vehicle Survey Photos and Back Office Configuration Survey at least 30 days prior to on site implementation.  Provide up to date necessary/relevant network diagrams.  Provide power requirements for equipment as specified by COBAN.  Provide network connectivity resources.  Provide security clearance and physical access to facilities, as required. This includes badges, passwords, and access cards, parking privileges.  Ensure all users and administrators are present during the allotted training times, on time and without interruption.  The vehicle(s) scheduled for installation on the agreed upon date will be present and available to COBAN technicians.  The City is responsible for maintaining its own “Disaster Recovery” policies and procedures for the reconstruction of lost or altered files, backup or saving of data or programs to the extent deemed necessary by the City and for actually reconstructing any lost or altered files, data or programs. COBAN assumes no responsibility for the protection of The City data. COBAN is not liable for damage to software or data caused by service to the computer Hours General Officer’s Training 1 x 4hr System Training - Operation Demonstration - Hardware Overview - Recording Functions - Wireless Microphone Operations - In-Car Play Back - Data Entry - Video Transfer - System Shutdown Procedures Back Office DVMS Training DVMS Operation Demonstration - Check-in/ Check-out Procedures - Upload Video & Data Retrieve, Retain & Archive Video & Data - Export Video & Data – DVD, CD, Tape Library, etc. Overall Review wrap-up 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 125 of 249 City of Renton Police Digital In-Car Video System Contract 37 | P a g e hardware equipment, except to the extent that such damage is caused directly or indirectly by COBAN. Any service / warranty work required on the workstation, server or other devices provide by the City in conjunction with the DICVS will be performed by the manufacturer’s representative from whom they purchased the devices from.  The City’s Information Technology Department will be responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, etc.) are made prior to the installation and testing of the DVMS storage equipment. COBAN shall not be held liable for any of the following and is not limited to: network breach, data interception or loss of data due to those types events, virus / Trojan infection, if and when a situation should occur. It is highly recommended that the City’s Information Technology Department maintain a “remote” connection to the server for the remote support of the server by COBAN software engineers. This connection need not be a “constant or always live” type, but one that can be established easily as needed. B3.2 Coban’s Responsibilities  Provide a single point of contact for project coordination with the City.  Provide a list of key resources for the project to the City prior to the project kick off; including name, title, focus area, phone, birthday, fingerprint and e-mail wherever possible.  Notify the City within 21 calendar days in advance of schedules change.  Provide goods and services outlined under section 2.2. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 126 of 249 City of Renton Police Digital In-Car Video System Contract 38 | P a g e Attachment C: Fair Practice Policy Affidavit of Compliance 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 127 of 249 City of Renton Police Digital In-Car Video System Contract 39 | P a g e Attachment D: Affidavit and Certification Form 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 128 of 249 City of Renton Police Digital In-Car Video System Contract 40 | P a g e Attachment E: Software License Agreement GRANT OF LICENSE Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the COBAN SOFTWARE. The COBAN SOFTWARE is licensed, not sold. This LICENSE grants the City the following rights: Software. The City may install and use one copy of the COBAN SOFTWARE on the PRODUCT Storage/Network Use. The City may install the DVMS CLIENT software on their existing internal local area network. The City may not make unauthorized copies of the COBAN Mobile Start software without the express written consent of COBAN. COBAN assumes no liability for software installation failures due to incompatible hardware, software or network security issues that are controlled by the City’s Information Technology Department. COBAN will not be responsible to install said software on the City local area network, unless specifically contracted to do so. Instructions shall be provided to the City to accomplish this task. Back-up Copy. A back-up copy of the COBAN SOFTWARE is included with the PRODUCT. The City may use the back-up copy solely for archival purpose. DESCRIPTION OF OTHER RIGHTS & LIMITATION Limitation on Reverse Engineering. De-compilation and Disassembly. The City may not modify, reverse engineer, de- compile, or disassemble the COBAN SOFTWARE or HARDWARE in whole or in part without the express consent from COBAN. Failure to obtain consent may void any and all warranties. Separation of Components. The COBAN SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one PRODUCT. Single PRODUCT. The COBAN SOFTWARE is licensed with the PRODUCT as a single integrated product. The COBAN SOFTWARE may only be used with the PRODUCT. Rental. The City may not rent or lease the COBAN SOFTWARE. Software Transfer. Software / Hardware / Licenses are NOT transferable. Termination. Without prejudice to any other rights, COBAN may terminate this LICENSE if the City fails to comply with the terms and conditions of this LICENSE. In such event, the City must destroy all copies of the COBAN SOFTWARE and all of its component parts. PROHIBITION ON EXPORTATION EXCEPT FOR EXPORT TO CANADA AND AUSTRALIA, THE COBAN SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR “FOREIGN PERSON” AS DEFINED BY U.S. GOVERNMENT REGULATION, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. THE CITY AGREES THAT BY DOWNLOADING OR USING THE COBAN SOFTWARE, THEY ARE AGREEING TO THE FOREGOING AND THEY ARE WARRANTING THAT THEY ARE NOT A “FOREIGN PERSON” OR UNDER THE CONTROL OF OR ACTING ON BEHALF OF THE FOREIGN ENTITY. U.S. GOVERNMENT RESTRICTED RIGHTS The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United State Government is subject to restrictions as set forth in subparagraph (c)(1) and (2) of the Commercial PRODUCT Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Coban Technologies, Inc., 12503 Exchange Drive, Suite 536, Stafford, Texas 77477. SOFTWARE WARRANTIES - Reserved The COBAN PRODUCT described in this instruction manual may include copyrighted COBAN SOFTWARE stored in semiconductor memory and other media. Laws in the United States and other countries preserve certain exclusive rights for COBAN copyrighted SOFTWARE programs, including the exclusive right to copy or reproduce the copyrighted SOFTWARE program in any form. Accordingly, any copyrighted COBAN SOFTWARE programs contained in the COBAN PRODUCT described in this instruction manual may not be copied or reproduced in any manner without the express written permission of COBAN. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 129 of 249 City of Renton Police Digital In-Car Video System Contract 41 | P a g e Furthermore, the City shall not be deemed to grant either directly or by implication, estoppels or otherwise, any license under the copyrights, patents or patent applications for COBAN, except for the normal non-exclusive, royalty-free license to use that arises by operation of law in the sale of a product. END USER LICENSE AGREEMENT This End-User License Agreement (“LICENSE”) is a legal agreement between the City and Coban Technologies, Inc. (“COBAN”), the manufacturer of the TOPCAM Edge Systems (“PRODUCT”). All COBAN software, including COBAN Mobile Start Software (“SOFTWARE”) and third party software not otherwise licensed by a specific end user license agreement included with the CITY PRODUCT, downloaded from COBAN websites or provided by COBAN as update / upgrades, shall be referred to as COBAN SOFTWARE. The COBAN SOFTWARE includes PRODUCT software, the associated media, any printed materials, and any “on-line” or electronic documentation, as well as COBAN supplied or facilitated update / upgrades thereto. Notwithstanding for foregoing, software distributed together with separate end user software license agreements (the “Third Party EULA”), including but not limited to Windows® operating system provided by Microsoft Corporation, shall be covered by respective Third Party EULAs. The City may use the COBAN SOFTWARE only in connection with the use of PRODUCT. By installing, copying, downloading or otherwise using the COBAN SOFTWARE, the City agrees to be bound by the terms of this LICENSE. If the City does not agree to the terms of this LICENSE, the City should promptly contact COBAN for instruction on return of the entire PRODUCT and COBAN SOFTWARE for a refund. A 15% restocking charge will be applied to PRODUCT returns. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 130 of 249 City of Renton Police Digital In-Car Video System Contract 42 | P a g e Attachment F: Maintenance Agreement Limited Warranty & Support Statements EQUIPMENT WARRANTY The warranty applies within the fifty (50) United States and all States. This Limited Warranty is non-transferable. This Limited Warranty is null and void if the factory applied serial number or tamper evident labels have been damage, altered or removed from the product. WHAT THIS WARRANTY COVERS AND FOR HOW LONG COBAN Technologies, Inc. (“COBAN”) warrants the COBAN Manufactured TOPCAM Edge System (“PRODUCT”), against defects in material and workmanship under normal use and service for a period of one (1) year, such warranties shall begin when supplies or equipment are delivered to the City. COBAN, at their discretion, will at no charge, repair the PRODUCT (with new or reconditioned parts), or replace it with the same or equivalent PRODUCT (using new or reconditioned Products), during the warranty period, provided that the City notifies COBAN according to the terms of this warranty. The repaired or replaced PRODUCT is warranted for the remaining original applicable warranty period. All returned parts of the PRODUCT shall become the property of COBAN. This expressed limited warranty is extended by COBAN to the original end-user purchasing the PRODUCT for purposes of governmental use only, and is not assignable or transferable to any other party. This is the complete warranty for the PRODUCT manufactured by COBAN. COBAN assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of COBAN. Unless made in a separate written agreement between COBAN and the original End-user, COBAN does not warrant the installation, maintenance, or service of the PRODUCT. COBAN cannot be responsible in any way for any ancillary equipment not furnished by COBAN, which is attached to or used in connection with the PRODUCT, or for operation of the PRODUCT with any ancillary equipment and all such equipment is expressly excluded from this warranty. Because each system, which may use the PRODUCT, is unique, COBAN disclaims liability for range, coverage, or operation of the system as a whole under this warranty. GENERAL WARRANTY PROVISIONS This warranty sets forth the extent of COBAN’S responsibilities regarding the PRODUCT. Repair, replacement, or refund of the price, at COBAN’S option, is an exclusive remedy. THE WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. COBAN DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COBAN BE LIABLE FOR DAMAGES IN EXCESS OF THE ORIGINAL PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCES, COMMERCIAL LOSS, LOST PROFITS, OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT TO THE FULL EXTENT THAT MAY BE DISCLAIMED BY LAW. CITY’S RESPONSIBILITIES It is the City responsibility to backup the contents of hard drives, including any data that may be have stored or software that may have been installed on the hard drive. It is possible that the contents of the hard drive will be lost or that the drive may need to be reformatted in the course of service and COBAN will not be held liable for any damage to or loss of any program, data or other information stored on any media or any part of any PRODUCT service hereunder. It is HIGHLY recommended that the City create a valid disk “image” after final installation is completed. This image will need to be updated as changes are made to the units and kept safe by the City for data recovery purposes. COBAN assumes no liability or responsibility in developing a disaster recovery policy for the City. The City will perform any and ALL data reconstruction, unless specifically stated in the initial contract between COBAN and the City. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 131 of 249 City of Renton Police Digital In-Car Video System Contract 43 | P a g e PATCHES & UPDATES As an industry standard best practice it is recommended, prior to applying “regular” patches / upgrades from Microsoft to the Coban DVMS Production Servers, the City shall test the patches and upgrades on a test server to ensure the integrity of the Coban DVMS application is not compromised, and patches and upgrades are compatible with the City’s environment and software variables. Coban also will test such patches and upgrades internally to ensure the DVMS application is supported by Microsoft Server on an ongoing bases. SERVICE & SUPPORT All initial Tech Support Requests MUST be called into Coban’s Main Tech Support line (281-277-8288 option 3) or entered via Coban Customer Support Web Portal (http://customer.cobantech.com). The City must notify COBAN within the applicable warranty period for information regarding warranty service. If requested, proof of a bill of sale or purchase order (which is evidence that the product is within the warranty period) must be presented to obtain warranty service. Service and support of the unit POST installation will be handled as follows: The officer(s) using the systems will report all support requests/system issues to the City’s main technical contact, (names, numbers and email addresses to be provided by the City) who is in charge of the in-car video program. The main technical contact person(s) for the City will then contact COBAN within 24 hours of the issue being brought to their attention so that the issue can be resolved as quickly as possible. The fleet technicians who will be providing the installation for these units may also need to be involved in the initial troubleshooting portion of this process. Depending on what type of problem is occurring the vehicle may need to be brought to the fleet technicians shop for further diagnosis and problem resolution. (Providing that the issue is of an emergency nature, minor issues can be reported by the City at their earliest convenience.) Before the City contacts COBAN, please have the following information ready:  Supported System's Invoice Number  Model Type  Serial Numbers  Vehicles Number or VIN  Description of the problem (as well as any error messages that may be received) and any troubleshooting steps the City has already taken.  To ensure proper troubleshooting, it is strongly recommended that the City not remove any components prior to contacting Coban technicians. Call COBAN at 281-277-8288 and follow the appropriate voice prompts or submit a support request at http://customer.cobantech.com (the City must be a registered user to access this area.) If a ticket number has already been assigned for this issue, please do not submit another ticket via the customer support website for the same issue.  Call from a location where City personnel can physically access the system if needed during phone based troubleshooting  Basic Support is intended for use during business hours Monday through Friday from 8:00 AM to 5:00 PM Central Standard Time. Calls received outside of normal business hours will receive a call-back during normal business hours. A Tech Support ticket number will be provided to the City. This ticket number will be used by the Tech Support Agent to locate and research the issues associated with it, so please keep track of this number to expedite the support process and provide it to the Tech Support Agent in any and all communications regarding this issue. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 132 of 249 City of Renton Police Digital In-Car Video System Contract 44 | P a g e When requested, let the COBAN technician know what error message the City is getting and when it occurs; what the City was doing when the error occurred; and what steps the City may have already taken to solve the problem. The technician will go through a series of standardized troubleshooting steps over the phone with the City to help diagnose the issue. Following completion of remote troubleshooting and problem determination the technician will determine if the issue requires parts to be dispatched or if the issue can be resolved remotely over the phone The main technical contact OR an authorized installation technician shall be available to assist in troubleshooting the unit by phone if needed. COBAN will contact the City with this request and schedule a time to troubleshoot the unit if the appropriate personnel are not available at that time. Upon completion of troubleshooting, COBAN will assess the situation and determine the next course of action (if the issue is not resolved). Solutions to these issues will range from issuing RMA number to having the fleet technician perform onsite repair to correct the problem. The City will supply a login and connection profile for access to the City network via VPN. Access will be restricted to only the server and workstation. Remote control for the server and workstation will be granted to COBAN support via their choice of remote access software (Terminal Services, VNC, PC Anywhere, etc). Any deliberate misuse or destruction (cabling cut, monitors cracked, deletion of operating system files on the in car unit OR the DVMS workstation, etc) of the in car digital system / DVMS workstation or server; requiring a replacement model or a technician to be dispatched will be billed at $150.00/ hour. (Travel expenses may be assessed as well if a local technician is not available.) Arrangements will be made with the City prior to another unit being shipped or technician being dispatched. Any 3rd party software loaded or devices integrated with / on the TOPCAM Edge system POST installation will be the City’s responsibility to ensure system functionality & compatibility. COBAN is not responsible for damages caused by or in conjunction to the installation of third party software. (COBAN may request a licensed version of the software for testing. This software shall be returned to the City after testing is completed and installation is approved.) Warranty Items Covered Under this S.O.W.  COBAN components in TOPCAM Edge.  Manufacturers defects in material or workmanship (for period of warranty)  Support and service on the Primera Bravo XR DVD Disk Publisher is provided by Primera Technology Inc. Primera Tech Support: 763-475-6669 or via Website http://www.primera.com/contact_tech_support.cfm  Support and service on the Servers is provided by Dell Computer Dell Tech Support: 1-800-3355 ext 7255010 or via Website http://support.dell.com  Support and service on the servers will be provided by ASA Computer. ASA Tech Support: 408- 654-2901 ext 210 or via Website: http://rma.asacomputers.com/request.php Level 1 - Initial problem discovery and diagnostics. COBAN Technician will contact the City’s designated contact to perform initial rudimentary troubleshooting steps. A trouble ticket will be generated at the time of the initial notification of the issue (whether via phone or Coban Customer Website), problem will be diagnosed, once solved the ticket will be closed. If problem cannot be resolved with initial call, COBAN Tech Support technician will escalate the issue to a level 2 technician for further research/troubleshooting. Level 2 - Level Two issues will require servicing/repairing on the components (camera, receiver, etc.) If service or repair is required, COBAN Technician will issue an RMA number and instruct the City to return the components to Coban. Prior to issuing an RMA number for component, COBAN Technical support staff may request that the in car unit be “re- imaged” by the designated City contact to see if this resolves the issue. If re-image and replacement component do not resolve the issue, the problem will be escalated to a Level 3 technician. Cross ship or unit replacement will be issued at Coban’s discretion. Level 3- Level Three issues are typically classified, as “Total System Failures” meaning the system is not operational or useable by the City. If this is the case, and the serviced or repaired components did not resolve the issue, a complete system replacement will be sent (if determined the only solution.) Additional troubleshooting and diagnostics will be 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 133 of 249 City of Renton Police Digital In-Car Video System Contract 45 | P a g e attempted prior to issuing an RMA for a complete system replacement or the vehicle may need to be sent to the authorized service center for diagnostics or replacement. Initial response Time: 4 – 8 Business hours after escalation to Level Three Priority by COBAN. Resolution times will vary depending on nature of problem. If the City is not able to resolve a hardware issue by completing the troubleshooting steps, they will notify COBAN of the issue by email at hwsupport@cobantech.com or via telephone at 281-277-8288. (Please make sure that the City references the appropriate ticket number when contacting Coban Tech Support.)  Each reported problem will include a Ticket Number, a description of the issue to include initial reports from end users, the results of troubleshooting steps taken, the name of the person conducting the troubleshooting, serial number of the computer experiencing the problem, and car number the computer is in.  This information is required on every submission as well as a contact name and number for the City personnel who can be contacted for further troubleshooting if needed to determine the proper resolution to the problem reported. Submissions that do not include all of the aforementioned information will not be addressable until said information is provided.  Normal hours are Monday through Friday, 8:00 am to 6:00 pm CST.  Some typical request statuses include RMA issued, case assigned to COBAN support team for further research, or request for additional troubleshooting and report of results from City personnel.  In cases where an RMA is not issued and the COBAN support team is researching the issue further, COBAN will provide the City update via phone or email on the issue status at least every other business day.  If a hardware issue is severe enough to make the computer unable to perform patrol functions, delays of RMA issuance due to COBAN support researching an issue should never exceed three business days after the day of the initial report. In this circumstance, an RMA should be issued for equipment repair or replacement. (Providing said hardware “issue” is a defect in said component and not a result of the system becoming unstable due to addition of 3rd party software, hardware or system settings changes on behalf of the City.) RMA and SHIPPING If COBAN determines that all or part of the PRODUCT requires return for repair or replacement, a Return Merchandise Authorization Number (RMA#) will be issued. Please return the PRODUCT to COBAN with the RMA number clearly marked on the box. During the first 90 days of deployment, Coban will cover the RMA shipping to and from COBAN. After the 90th day, the City will be responsible for shipping charges and to insure the product arrives at COBAN intact. Coban will pay for return shipping to get the repaired/serviced modules back to the City via Ground Services. Any expedited shipping request will be the responsibility of the City. ADVANCE PLACEMENT / CROSS SHIP If advance replacement / cross ship is required and the City wishes to receive the most expedient service available, the City will be required to provide COBAN with a credit card authorization to bill City’s credit card in the event that City fails to return the original parts. The credit card will only be charged for COBAN’s list price for the part if the part has not been returned within Ten (10) days. Type of Card: ______________________________ Credit Card Number: ________________________ Expiration Date: ____________________________ OTHER INFORMATION Unit Replacement. Once replacement component has been received, the City must relinquish the defective unit to COBAN. If the defective unit is not returned within ten (10) days, the City agrees to pay COBAN the cost for the replacement unit upon receipt of invoice. Failure to honor the invoice within ten (10) days after receipt will cause the cancellation of this Service Description Agreement and may result in other legal actions, including but not limited to suspending shipment of subsequent units and or replacement components. Parts Ownership. All service parts removed from City Supported System become the property of COBAN. The City will be 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 134 of 249 City of Renton Police Digital In-Car Video System Contract 46 | P a g e obligated to pay at the current retail price(s) for any service parts removed from City’s Supported System and retained by the City. COBAN will use new and reconditioned parts made by various manufacturers in performing warranty repairs. NON WARRANTY SERVICES Any RMA units/components that are returned to COBAN as “non-operational or considered “non-warranty” that are in fact operational (example: CPU units that have not been ghosted properly or at all, scratched / hazy touch screen monitors, microphones missing parts such as: battery, internal seals, antennas, obvious misuse or damaged systems) will be addressed with the City’s Information Technology Department and invoiced at standard contract pricing for replacement including the cost of shipping. Digital Photographs will be supplied of said equipment for review by the appropriate City’s Information Technology Department personnel prior to COBAN invoicing them for the said items. Each support request, repair or troubleshooting pertaining to any item not covered under the Coban limited warranty statement shall be invoiced to the City at the agreed upon Time and Materials rate. Currently, Coban charges $ 125.00 per hour on non warranty phone support. Coban technicians are not authorized to service any 3rd party hardware, software or vehicle issues. Compliance with Terms and Conditions FAILURE TO FOLLOW THE ABOVE INSTRUCTIONS MAY RESULT IN DELAYS, AND MAY CAUSE THE CITY TO INCUR ADDITIONAL CHARGES, OR MAY VOID WARRANTY. IF DURING THE REPAIR OF THE PRODUCT, THE DATA STORED ON THE HARD DRIVE ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED, COBAN IS NOT RESPONSIBLE WHATSOEVER TO RECOVER OR RESTORE SAID DATA. THE CITY PRODUCT WILL BE RETURNED TO THE CITY WITH THE ORIGINAL MANUFACTURED CONFIGURATION. Be sure to remove all third party hardware, software, features, parts, options, alterations, and attachments not warranted by COBAN prior to sending the PRODUCT to COBAN for service. COBAN is not liable for any loss or damage to these items. Cooperate with the technician – The City agrees to cooperate with and follow the instructions provided by COBAN. Experience shows that most system problems and errors can be corrected over the phone as a result of close cooperation between the City and the technician. Please listen carefully to the technician and follow the technician’s suggestions. ITEMS NOT COVERED UNDER THIS WARRANTY  Parts consumed or periodically replaced during the life of the product such as but not limited to batteries, cable & wires.  Hardware lost or damage resulting from external causes such as dropped product, collision with any object, fire, flooding, sand, dirt, windstorm, hail, earthquake or damage from exposure to weather conditions, misuse, abuse, damage resulting from improper use of any electrical source, power surges, damage occurring during transport.  De-installation or re-installation of product(s) or software application(s)  Warranty support or service for 3rd party systems.  Troubleshooting of applications or application compatibility issues.  Data Migration  Customization of end City MS Window desktop  Vehicle with electrical issues  On Site Service  Freight costs to the repair depot.  Normal and customary wear and tear.  Damage due to connection to improper voltage supply  Non-COBAN supplied equipment 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 135 of 249 City of Renton Police Digital In-Car Video System Contract 47 | P a g e  PRODUCT that has had the serial number removed or made illegible.  Systems that are non-operational due to abuse, neglect or improper usage for anything other than what the system was configured to do.  Unauthorized entry opening of the COBAN module, monitor or forced removal of the MHDD and or components.  Defects or damage from improper testing, operation, maintenance, installation alteration, modification, or adjustment.  Systems affected by virus, security breach, or other network related occurrence including but not limited to: installation of 3rd party software applications, network security settings changes resulting in loss of communication or ability to properly use the system.  Systems affected by 3rd party software upgrades and 3rd party hardware changes that cause system to become unstable or inoperable and configurations that deviate from the Original Master Gold Image.  A PRODUCT subjected to unauthorized PRODUCT modifications, disassemblies, or repairs (including, without limitation, the addition to the PRODUCT of non-COBAN supplied equipment) that adversely affect performance of the PRODUCT.  A PRODUCT, which, due to illegal or unauthorized alteration of the software / firmware in the PRODUCT, does not function in accordance with COBAN, published specifications or with the FCC type acceptance labeling in effect for the PRODUCT at the time the PRODUCT was initially distributed from COBAN.  Scratches or other cosmetic damages to PRODUCT surfaces that do not affect the operation of the PRODUCT. All preventive maintenance recommended by Coban to maintain the product in operating condition is the responsibility of the City; loss or damage resulting from failure to provide recommended maintenance is not covered under this contract. EXTENDED WARRANTY: (Optional Additional Years of Warranty Coverage Purchased By the City.) In addition to the items listed above, the following additional items are NOT Covered under the EXTENDED Warranty Maintenance and Service Plans offered by Coban.  Consumable Items  Removable Hard Drives  Coban Power Supply Batteries  Wireless Microphone Transmitter  Wireless Microphone Transmitter Pouches  Wireless Microphone Transmitter Batteries  Wireless Microphone Transmitter and Receiver Antennas PRIORITY WARRANTY: (Optional Layer of Protection Against Unintentional Physical Damage) It is designed to complement the Standard Warranty on the TopCam Edge System. It covers repairs to system components of in-warranty TopCam Edge that are accidentally damaged during regular use. Items Covered under this warranty:  Edge CPU / Encoder Module  Edge Display Module  Edge Power Supply Module  Removable Hard Drive  Edge Camera Items NOT Covered under this warranty:  Consumable Items 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 136 of 249 City of Renton Police Digital In-Car Video System Contract 48 | P a g e  System Cables and Wires  Coban Power Supply Batteries  Wireless Microphone Transmitter  Wireless Microphone Transmitter Pouches  Wireless Microphone Transmitter Batteries  Wireless Microphone Transmitter and Receiver Antennas  Damage from intentional acts, fire, loss, theft, cosmetic (not affecting functionality), improper maintenance, improper installation, modification other than Coban authorized service engineer and damage that is attributable to acts of God. Maximum Benefit for Priority Warranty coverage is limited to one major failure per covered components per year. 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 137 of 249 City of Renton Police Digital In-Car Video System Contract 49 | P a g e Attachment G: Contractor’s Insurance Forms 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 138 of 249 City of Renton Police Digital In-Car Video System Contract 50 | P a g e Attachment H: Acord Form 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 139 of 249 City of Renton Police Digital In-Car Video System Contract 51 | P a g e 7k. ‐ Finance and Information Services Department recommends  approval of a contract in the amount of $214,756.88 with Coban Page 140 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Ordinance adding a new section, 10-12-29 - Wireless Communication Device Use Meeting: Regular Council - 28 Jun 2010 Exhibits: Ordinance Submitting Data: Dept/Div/Board: Police Staff Contact: Chief Milosevich Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The state legislature enacted SSB 6345 regarding use of wireless devices while driving. It became effective on June 10, 2010. This new legislation amends RCW 46.61.667 and 46.61.668. These provisions are not included in the Model Traffic Ordinance. Renton has adopted by reference the Model Traffic Ordinance. Now, we need to adopt these provisions. Up to now, the police could issue citations for the violation but, needed to cite the offender into district court. Once Renton adopts these provisions, the police can cite violators into our municipal court. STAFF RECOMMENDATION: Adopt an ordinance amending Chapter 12, Traffic Code, of Title X, (Traffic), of City Code to add a new section 29, entitled "Wireless Communication Device Use" and to adopt by reference RCW 46.61.667 and 46.61.668. 7l. ‐ Police Department recommends amending City Code to add a new  section entitled "Wireless Communication Device Use," and to adopt by Page 141 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 12, TRAFFIC CODE, OF TITLE X, (TRAFFIC), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADD A NEW SECTION 29, ENTITLED "WIRELESS COMMUNICATION DEVICE USE" AND TO ADOPT BY REFERENCE RCW 46.61.667 AND 46.61.668. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 12, Traffic Code, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new section 29, entitled "Wireless Communication Device Use", to read as follows: 10-12-29 WIRELESS COMMUNICATION DEVICE USE: RCW 46.61.667, Using a wireless communications device while driving, and RCW 46.61.668, Sending, reading, or writing a text message while driving, as now or hereafter amended, are hereby adopted by reference. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 7l. ‐ Police Department recommends amending City Code to add a new  section entitled "Wireless Communication Device Use," and to adopt by Page 142 of 249 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1640:6/16/10:scr 7l. ‐ Police Department recommends amending City Code to add a new  section entitled "Wireless Communication Device Use," and to adopt by Page 143 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Emergency Repair of Cascade Interceptor at Royal Hills Drive SE Meeting: Regular Council - 28 Jun 2010 Exhibits: Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Gregg Zimmerman, PW Admin. /B Walton Recommended Action: Council concur Fiscal Impact: Expenditure Required: $ $100,000 - $125,000 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: State law requires that, in the event of an emergency when the person designated by the governing body declares an emergency allowing the waiver of competitive bidding requirements, a written finding of the existence of an emergency must be made by the governing body and entered into the record no later than two weeks following the award of the contract. On June 15, 2010, Mayor Law made an emergency declaration so that competitive bidding laws could be waived to allow immediate emergency repair to the Royal Hills Sewer Line, commonly referred to as the Cascade Interceptor. The nature of the problem, which caused dangerous sink holes to develop under Royal Hills Drive, led to the spillage of raw sewage into the environment, and also threatened residential structures in the Royal Hills community, required that immediate corrective action be taken. Repairs will involve replacement of approximately 250 feet of pipeline with a more shallow line, including terminal manholes. The City has retained Shoreline Construction to perform the installation. Construction began June 16 and is anticipated to be completed before the end of June. The preliminary estimate of cost for this work is in the $100,000 to $125,000 range. This work will be funded by delaying one of the 2010/11 Wastewater CIP projects for one year and allocating this funding for the emergency repair. STAFF RECOMMENDATION: Adopt a resolution declaring an emergency for purposes of repairing the Cascade Interceptor at Royal Hills Dr. SE. 7m. ‐ Public Works Department recommends adoption of a resolution  declaring an emergency for the purpose of repairing the Cascade Page 144 of 249 7m. ‐ Public Works Department recommends adoption of a resolution  declaring an emergency for the purpose of repairing the Cascade Page 145 of 249 7m. ‐ Public Works Department recommends adoption of a resolution  declaring an emergency for the purpose of repairing the Cascade Page 146 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Clean Cities Alternative Fuel and Advanced Technology Vehicle Pilot Grant, Contract for Services with the Puget Sound Clean Air Agency Meeting: Regular Council - 28 Jun 2010 Exhibits: Issue Paper Contract for Services Attachment A Attachment B Attachment C Responsibility Certification Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Gregg Zimmerman, ext. 7311 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 0 Transfer Amendment: $0 Amount Budgeted: $ 0 Revenue Generated: $0 Total Project Budget: $ 0 City Share Total Project: $ 0 SUMMARY OF ACTION: The City of Renton along with several other agencies has participated as a Cost-Share Partner in the Puget Sound Clean Air Agency’s Clean Cities Alternative Fuel and Advanced Technology Vehicle Pilot Grant Program. ARRA grant funding has been secured for this program that will provide up to $114,289 in matching funds to enable Renton to purchase three electric hybrid vehicles in 2011. In order to obtain this funding, Renton is required to enter into a contract for services with the Puget Sound Clean Air Agency that establishes respective duties and responsibilities of the Cost-Share Partners. This action will not impact the 2010 City budget. STAFF RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to execute the Contract for Services with the Puget Sound Clean Air Agency that will enable Renton to receive a reimbursement of up to $114,289 for the purchase of three electric hybrid vehicles in 2011. 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 147 of 249 C:\Documents and Settings\lmoschetti\Desktop\clean Cities Grant 2.doc PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:June 17, 2010 TO: VIA: Don Persson, Council President Members of the Renton City Council Denis Law, Mayor FROM: STAFF CONTACT: Gregg Zimmerman, Administrator David Hohn, Fleet Manager (Extension 7440) SUBJECT:Clean Cities Alternative Fuel and Advanced Technology Vehicle Pilot Grant, Contract for Services with the Puget Sound Clean Air Agency ISSUE: Should the City execute the Contract for Services with the Puget Sound Clean Air Agency that will enable Renton to receive a reimbursement of up to $114,289 for the purchase of three electric hybrid vehicles in 2011? This action will not impact the 2010 City budget. RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to execute the Contract for Services with the Puget Sound Clean Air Agency that will enable Renton to receive a reimbursement of up to $114,289 for the purchase of three electric hybrid vehicles in 2011. BACKGROUND: The City of Renton has participated in a collaborative effort among public agencies, private businesses, universities and colleges spanning five counties and 11 cities in Washington State to increase the use of alternative fueled vehicles and to install infrastructure that supports alternative fuel and advanced technology vehicles. The overall objective of this program is to increase the use of alternative fueled vehicles and advanced technology vehicles as a means to reduce U.S. dependence on imported petroleum, increase fuel economy and improve emissions. This collaboration, referred to as the Clean Cities Alternative Fuel and Advanced Technology Vehicle Pilot Grant Program is led by the Puget Sound Clear Air Agency. The Puget Sound Clean Air Agency has secured an ARRA grant that will provide up to $114,289 in matching funds to enable Renton to purchase three electric hybrid vehicles in 2011. There will also be an allocation from the shared funds for the installation of electric charging infrastructure 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 148 of 249 Don Persson, Council President Page 2 of 2 June 17, 2010 c:\documents and settings\lmoschetti\desktop\clean cities grant 2.doc for electric vehicles at City buildings, but this will be addressed in a separate agreement later after analysis by the Puget Sound Clean Air Agency is complete and allocation of this funding among the partners is determined. The current proposed action only covers the vehicle reimbursement portion of the grant. The grant allows Renton to be reimbursed for the difference in the cost of alternative fuel/advanced technology vehicles over the cost of similar conventional model vehicles. Renton has selected three electric hybrid vehicles for purchase in 2011: a gasoline electric hybrid staff pool and inspector vehicle, a diesel electric hybrid sewer van, and a diesel electric hybrid aid unit. The total reimbursable amount for these three vehicles is $114,829. More information about these vehicles and an estimated cost breakdown may be found in Attachment A to the Contract for Services, which is included among the exhibits. Purchase of the subject vehicles would be in 2011, and therefore would be part of the proposed 2011-2012 City budget. This recommended action would not impact the adopted 2010 budget. The Puget Sound Clean Air Agency requires grant Cost-Share Partners to enter into an interlocal Contract for Services Agreement in order to be eligible for reimbursement of grant funding for the purchase of the electric hybrid vehicles. A copy of this Contract for Services Agreement is included in the exhibits. Key provisions of the Agreement include: ·Identification by Renton of vehicles intended to be purchased, and method of revising vehicle list. ·Authorization for procurement of vehicles through the Washington State Office of State Procurement, and need for written approval for other means of acquisition. ·Data reporting responsibilities. ·Other regulatory requirements including NEPA, “Buy American,” Preference for use of Minority and Women-Owned Business Enterprises. ·Procedures for Renton to receive compensation. ·Termination date: January 31, 2014. ·Dispute Resolution. 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 149 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 150 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 151 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 152 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 153 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 154 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 155 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 156 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 157 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 158 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 159 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 160 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 161 of 249 7 n .   ‐   P u b l i c   W o r k s   D e p a r t m e n t   r e c o m m e n d s   a c c e p t a n c e   o f   g r a n t   f u n d s   i n   t h e   a m o u n t   o f   $ 1 1 4 , 2 8 9   f r o m   t h e   P u g e t   S o u n d   C l e a n   A i r   A g e n c y   f o r   P a g e 1 6 2 o f 2 4 9 7 n .   ‐   P u b l i c   W o r k s   D e p a r t m e n t   r e c o m m e n d s   a c c e p t a n c e   o f   g r a n t   f u n d s   i n   t h e   a m o u n t   o f   $ 1 1 4 , 2 8 9   f r o m   t h e   P u g e t   S o u n d   C l e a n   A i r   A g e n c y   f o r   P a g e 1 6 3 o f 2 4 9 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 164 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 165 of 249 7n. ‐ Public Works Department recommends acceptance of grant funds  in the amount of $114,289 from the Puget Sound Clean Air Agency for Page 166 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Rent Deferral Addendum to AirO, Inc.’s 800 Building and Ground Lease LAG 03-002 Meeting: Regular Council - 28 Jun 2010 Exhibits: Issue Paper Lease Addendum to LAG 03-002 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, extension 7471 Recommended Action: Refer to Transportation/Aviation Committee Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $7,283.81 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Approve an addendum to AirO, Inc.’s lease LAG 03-002 deferring rent payments until August 31, 2010, in exchange for $7,331.86 in additional penalties. Additionally, a fuel tank and a helicopter will serve as collateral, and tenant will also provide a personal guarantee. STAFF RECOMMENDATION: Approve the addendum to AirO, Inc.’s lease LAG 03-002 deferring rent payments and late fees to August 31, 2010, in exchange for a significant penalty and collateral, and authorize the Mayor and City Clerk to sign the addendum. 7o. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐03‐002, with AirO, Inc., to defer rent Page 167 of 249 7o. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐03‐002, with AirO, Inc., to defer rent Page 168 of 249 7o. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐03‐002, with AirO, Inc., to defer rent Page 169 of 249 7o. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐03‐002, with AirO, Inc., to defer rent Page 170 of 249 7o. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐03‐002, with AirO, Inc., to defer rent Page 171 of 249 7o. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐03‐002, with AirO, Inc., to defer rent Page 172 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Lease Rate Increase Addendum to Bosair LLC Lease LAG 003-86 Meeting: Regular Council - 28 Jun 2010 Exhibits: Issue Paper Addendum to Bosair LLC Lease LAG 003-86 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, extension 7471 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $15,934.24 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Bosair LLC has a lease on the Airport under LAG 003-86. The periodic lease rate adjustment is effective June 1, 2010, and a market appraisal was used to determine the lease rate the next 5-year period. The new lease rate is $0.62 per square foot per year, resulting in an increase from $17,602.34 to $31,780.58 annually. Bosair LLC also leases 900 square feet of building space within the ground lease area under LAG 003-86. A market appraisal was performed on this property as well which resulted in an annual rental increase for this space of $1,756, bringing the total amount of rental increase to $15,934.24. STAFF RECOMMENDATION: Approve the lease rate increase and authorize the Mayor and City Clerk to sign the addendum to Bosair LLC’s lease, LAG 003-86. 7p. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐86‐003, with Bosair, LLC, to increase the Page 173 of 249 7p. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐86‐003, with Bosair, LLC, to increase the Page 174 of 249 7p. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐86‐003, with Bosair, LLC, to increase the Page 175 of 249 7p. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐86‐003, with Bosair, LLC, to increase the Page 176 of 249 7p. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐86‐003, with Bosair, LLC, to increase the Page 177 of 249 7p. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐86‐003, with Bosair, LLC, to increase the Page 178 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Lease Rate Increase Addendum to Bruce Leven's Lease LAG 001-88 Meeting: Regular Council - 28 Jun 2010 Exhibits: Issue Paper Addendum to Lease LAG 001-88 Submitting Data: Dept/Div/Board: Public Works Staff Contact: Ryan Zulauf, Airport Manager, extension 7471 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $47,855.84 Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Bruce Leven leases two parcels on the Airport, under lease LAG 001-88. The periodic lease rate adjustment is effective June 1, 2010, and a market appraisal was used to determine the lease rate for the next 5-year period. The new lease rate is $0.62 per square foot per year, resulting in an increase from $38,368.18 annually, to $86,224.02 annually for the combined lease parcels. STAFF RECOMMENDATION: Approve the lease rate increase and authorize the Mayor and City Clerk to sign the addendum to Bruce Leven’s Lease LAG 001-88. 7q. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐88‐001, with Bruce Leven, to increase Page 179 of 249 7q. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐88‐001, with Bruce Leven, to increase Page 180 of 249 7q. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐88‐001, with Bruce Leven, to increase Page 181 of 249 7q. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐88‐001, with Bruce Leven, to increase Page 182 of 249 7q. ‐ Transportation Systems Division recommends approval of an  addendum to airport lease LAG‐88‐001, with Bruce Leven, to increase Page 183 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Stormwater Facilities, Landscape and Irrigation Maintenance Agreement GM 1476 for SR 169 and I-405 Meeting: Regular Council - 28 Jun 2010 Exhibits: Issue Paper WSDOT Cooperative Agreement GM 1476 Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Jim Seitz Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $N/A Amount Budgeted: $ N/A Revenue Generated: $N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The Maple Valley Phase II Project was completed in December 2008. The project provided significant improvements to portions of the congested Maple Valley Highway (SR 169) corridor. The project included the installation of landscape, landscape irrigation system, and a stormwater system within the I-405 limited access right-of-way. WSDOT requires that operation and maintenance agreements be in place whenever a City facility is placed within the state’s limited access right-of-way. This agreement outlines the operation and maintenance of these City facilities within the state’s limited access right-of-way. The annual ongoing fiscal impact to the City is approximately $3,800 to maintain the stormwater vaults. Parks Division staff indicates there is no new fiscal impact to maintain the landscape area described in this agreement and the area has been maintained by the City for many years. STAFF RECOMMENDATION: Approve Cooperative Agreement GM 1476 with WSDOT for operation and maintenance of the landscape, landscape irrigation system, and stormwater system within the state’s limited access right- of-way of I-405 or SR 169 highway, and adopt the resolution. 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 184 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 185 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 186 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 187 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 188 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 189 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 190 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 191 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 192 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 193 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 194 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 195 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 196 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 197 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 198 of 249 7r. ‐ Transportation Systems Division recommends approval of an  interlocal agreement with the Washington State Department of Page 199 of 249 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Project Closeout for Sidewalk Rehabilitation and Replacement Project with Archer Construction CAG-09-187 Meeting: Regular Council - 28 Jun 2010 Exhibits: Final Pay Estimate Notice of Completion Submitting Data: Dept/Div/Board: Public Works Staff Contact: Bill Wressell, extension 7400 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 8,319.28 final pay est. Transfer Amendment: $N/A Amount Budgeted: $ 604,000.00 Revenue Generated: $0 Total Project Budget: $ 604,000.00 City Share Total Project: $ 100% SUMMARY OF ACTION: The project started on January 12, 2009 and was completed on June 4, 2010. The original contract amount was $288,581.23 and the final contract amount is $364,761.98. The additional cost of $76,180.75 is the result of the increase in the number of wheelchair ramps, additional sidewalk, asphalt, sawcutting, new items for roadway excavation and the removal of unsuitable material. Of the $364,761.98 final contract amount, the following amounts will be paid by: Sidewalk Rehabilitation and Replacement Project $ 188,594.95 Barrier Free Transition Plan Implementation $ 42,955.85 Highlands Redevelopment Program $ 120,000.00 The Pathway, Sidewalk, Patio and Boardwalk Repair $ 13,211.18 STAFF RECOMMENDATION: Accept completion of the project, authorize payment of the Final Pay Estimate in the amount of $8,319.28, and release retainage for the full project in the total amount of $18,180.79 after 60 days, subject to the required authorization. 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 200 of 249 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 201 of 249 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 202 of 249 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 203 of 249 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 204 of 249 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 205 of 249 7s. ‐ Transportation Systems Division submits CAG‐09‐187, Sidewalk  Rehabilitation & Replacement Project; and requests approval of the Page 206 of 249 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY FOR THE PURPOSES OF REPAIRING THE CASCADE INTERCEPTOR AT ROYAL HILLS DRIVE SE. WHEREAS, the City of Renton is a provider of sanitary sewer service; and WHEREAS, the City of Renton owns, operates and maintains a sanitary sewer main known as the Cascade Interceptor; and WHEREAS, a section of the Cascade Interceptor, located crossing Royal Hills Drive SE and through the Royal Hills Apartments, has suffered severe corrosion damage and has had two known failures, said failures causing two significant sink holes and a raw sewage overflow; and WHEREAS, this section of sanitary sewer main needs to be replaced prior to another failure; and WHEREAS, the existing threat of additional failures presents a real, urgent and immediate threat to the proper performance of the sanitary sewer facility and may result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken due to the probability of erosion and development of sinkholes; and WHEREAS, the Mayor has declared an emergency pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure Manual 250-02 H 6.6 to authorize the Public Works Administrator to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the replacement of said section of the Cascade Interceptor; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: 9a. ‐ Declaring an emergency for the purpose of repairing the Cascade  Interceptor (See 7.m.)Page 207 of 249 RESOLUTION NO. SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. An emergency did exist at the time of the declaration of emergency by Mayor Denis Law. By these written recitals and findings, the City Council does hereby approve the Mayor's emergency declaration to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair or replacement of the aforesaid section of the Cascade Interceptor. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney RES.1466:6/22/10:scr Denis Law, Mayor 9a. ‐ Declaring an emergency for the purpose of repairing the Cascade  Interceptor (See 7.m.)Page 208 of 249 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING OPERATION AND MAINTENANCE OF STORM WATER FACILITIES, LANDSCAPE AND IRRIGATION. WHEREAS, the City developed and constructed a project known as "City of Renton Maple Valley Highway (SR169) Improvements: Phase 2" (the "Project"), which includes construction on and within State Route (SR) 169 and Interstate 405 highway right-of-way; and WHEREAS, the City's Project included the installation of landscape, a landscape irrigation system, and a storm water system (the "Facilities"), within the limited access of Interstate 405; and WHEREAS, the State and the City desire to clarify the operation and maintenance, for those Facilities within the State's limited access right-of-way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal cooperative agreement with the Washington State Department of Transportation clarifying the operation and maintenance of the Facilities within the State's limited access right- of-way. 9b. ‐ Interlocal agreement with the Washington State Department of  Transportation regarding right‐of‐way maintenance at I‐405 & SR 169 Page 209 of 249 RESOLUTION NO. PASSED BY THE CITY COUNCIL this day of. _, 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of. _, 2009. Approved as to form: Lawrence J. Warren, City Attorney Denis Law, Mayor RES:1432:ll/24/09:scr 9b. ‐ Interlocal agreement with the Washington State Department of  Transportation regarding right‐of‐way maintenance at I‐405 & SR 169 Page 210 of 249 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, UPDATING THE CITY'S SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2011-2016. WHEREAS, the City of Renton has heretofore adopted a "Six-Year Transportation Improvement Program" pursuant to RCW 35.77.010, and the plan and program having been amended and modified from time to time as authorized by law; and WHEREAS, the City Council, after recommendation of the Public Works Department, held a public hearing on June 28, 2010, after notice to the public as provided by law for the purpose of considering adoption, modification, and amendments of the plan and program; and WHEREAS, at the public hearing held on June 28, 2010, due consideration was given to the proposed changes and amendments for the purpose of updating the plan and program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The City's "Six-Year Transportation Improvement Program" and the City's "Arterial Street Plan" are hereby further amended and modified, all as more particularly shown on the attached Exhibits "A", "B" and "C" incorporated herein as if fully set forth. SECTION III. The plan and program, as evidenced by said Exhibits, shall be and constitute the City's "Six-Year Transportation Improvement Program" and the City's "Arterial Street Plan", and shall remain in full force and effect until further revised, amended, and modified as provided by law. 9c. ‐ Six‐Year Transportation Improvement Program (2011‐2016 TIP) (See  8.b.)Page 211 of 249 RESOLUTION NO. SECTION IV. The Administrator of the Public Works Department and the City Clerk are hereby authorized and directed to file this Resolution, together with the Exhibits, with the Director of Highways for the State of Washington and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1455:6/8/10:scr 9c. ‐ Six‐Year Transportation Improvement Program (2011‐2016 TIP) (See  8.b.)Page 212 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 12, TRAFFIC CODE, OF TITLE X, (TRAFFIC), OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADD A NEW SECTION 29, ENTITLED "WIRELESS COMMUNICATION DEVICE USE" AND TO ADOPT BY REFERENCE RCW 46.61.667 AND 46.61.668. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 12, Traffic Code, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended to add a new section 29, entitled "Wireless Communication Device Use", to read as follows: 10-12-29 WIRELESS COMMUNICATION DEVICE USE: RCW 46.61.667, Using a wireless communications device while driving, and RCW 46.61.668, Sending, reading, or writing a text message while driving, as now or hereafter amended, are hereby adopted by reference. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor 9a. ‐ Amending City Code regarding the use of wireless communication  devices (See 7.l.)Page 213 of 249 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1640:6/16/10:scr 9a. ‐ Amending City Code regarding the use of wireless communication  devices (See 7.l.)Page 214 of 249 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 2-9-6, RULES AND REGULATIONS, OF CHAPTER 9, PARKS COMMISSION, OF TITLE II (BOARDS AND COMMISSIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO ADOPT BY REFERENCE PARK RULES AND REGULATIONS. WHEREAS, the City of Renton operates several parks; and WHEREAS, it is necessary to adopt rules and regulations for conduct, activities and behavior within those parks; and WHEREAS, it is necessary periodically to amend the rules and regulations; and WHEREAS, these new rules and regulations have been proposed and considered by the Park Board and adopted by the Park Board pursuant to resolution; and WHEREAS, the City Council of the City of Renton must also review and adopt by reference any amendments to the Park Rules and Regulations; and WHEREAS, the City Council has conducted such review and finds the amendments to the Park Rules and Regulations advisable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 2-9-6B, Council Adoption, of Chapter 9, Parks Commission, of Title II (Commissions and Boards) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: B. Council Adoption: The parks rules and regulations shall be submitted to the City Council for approval and adoption. The civil violations found in the parks 9a. ‐ Amending Park Rules and Regulations regarding trail safety (See  7.j.)Page 215 of 249 ORDINANCE NO. rules and regulations, as they may be amended, from time to time, are hereby adopted by reference and shall be effective upon their approval by Council voice vote and the filing of at least one copy of said park rules and regulations with the City Clerk. The criminal violations found in the parks rules and regulations shall be codified in the Penal Code, Title VI, Chapter 18 of Renton Municipal Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2010. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney ORD.1639:6/18/10:scr 9a. ‐ Amending Park Rules and Regulations regarding trail safety (See  7.j.)Page 216 of 249 StA/jtJl44^ 6-At-fiOtO /UM^di4t^ CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (SIERRA HEIGHTS ELEMENTARY SCHOOL ANNEXATION; FILE NO. A-09-005). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 14, 2009; and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about September 29, 2009, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of the property to the City of Renton; and 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 217 of 249 ORDINANCE NO. WHEREAS, the City Council fixed November 9, 2009, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, a public hearing has been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of March 22, 2010; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four dwelling units per net acre; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) days after publication of this ordinance; and on and after said date the property shall constitute 2 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 218 of 249 ORDINANCE NO. a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibits A attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 15 acres, is bordered by the existing City limits to the north, east, and south, with 132nd Avenue Southeast at the east; parcel lines comprise the western boundary.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of. _, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ _, 2010. Denis Law, Mayor 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 219 of 249 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1638:5/27/10:scr 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 220 of 249 Exhibit A 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 221 of 249 SIERRA HEIGHTS ELEMENTARY ANNEXATION LEGAL DESCRIPTION That portion of unincorporated Government Lot 1 of Section 4, Township 23 North, Range 5 East, W. M., in King County, Washington, bounded by the existing limits of the City of Renton as annexed under Ordinance Nos. 5261, 4195, 5138, listed in clockwise order beginning on the north side of the hereby described. lofl 09/02/2008 4:51PM 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 222 of 249 Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician Sierra Heights Elementary Annexation Vicinity Map July 8, 2009 0 250 1:5000 500 3 Feet Produced by City of Renton (c) 2009, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. V/A Sierra Heights Elementary Annex | ]j City Limits File Name: :\CED\Planning\GIS\GI S_projects\annexations\schoo!_annex\ sierra_heights_elem_annex\mxds\1_sierra_heights_elem_annex_vicinity_B&W.mxd 9a. ‐ Approving the Sierra Heights Elementary School Annexation (1st  reading 6/21/2010)Page 223 of 249 isf/kAJmf 4>'*i-*oto CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF RENTON FROM R-6 (URBAN RESIDENTIAL 6 DWELLING UNITS PER ACRE, KING COUNTY ZONING) TO R-4 (RESIDENTIAL 4 DWELLING UNITS PER ACRE) (SIERRA HEIGHTS ELEMENTARY SCHOOL ANNEXATION, FILE NO. A-09-005). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has not been zoned in the City of Renton; and WHEREAS, property owners petitioned the City of Renton for annexation and concurrent rezoning, which annexation having previously been approved and ordinance adopted which will annex the property to the City of Renton, and the City having held two public hearings in the matter of zoning, the first hearing having been held on November 9, 2009, and the second hearing having been held on June 21, 2010, and the zoning being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or in opposition to the proposed zoning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby zoned to R-4. The annual ordinance adopting the maps of the City's zoning ordinance is hereby amended 1 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  (1st reading 6/21/2010)Page 224 of 249 ORDINANCE NO. to reflect the rezoning and the Administrator of the Community and Economic Development Department is hereby authorized and directed to change the maps of the zoning ordinance, as amended, to evidence the rezoning, to wit: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. th [The property, approximately 15-acres, is generally located south of Southeast 98 Street if extended, immediately west of 132nd Avenue Southeast, north of northeast 24th Street if extended, and east of 128th Avenue Southeast if extended.] SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of _ _, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ _, 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: Denis Law, Mayor ORD:1637:5/27/10:scr 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  (1st reading 6/21/2010)Page 225 of 249 Exhibit A 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  (1st reading 6/21/2010)Page 226 of 249 X** ^x^ Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician ^^ May 25, 2010 250 500 Z3Feet 1:5000 N Produced by City of Renton (c) 2010, the City of Renton all rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. Sierra Heights Elementary Annexation Renton R-4 Zoning ZZi R-4 Zoning CDCity Limits File Name: :\CED\Planning\GIS\GIS_projects\annexations\school_annex\ sierra_heights_elem_annex\mxds\10_sierra_heights_elem_annex_R4_zone0510.mxd 9b. ‐ Establishing R‐4 zoning for the Sierra Heights Elementary School  (1st reading 6/21/2010)Page 227 of 249 l^yumJ^f £>-**-2010 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN TERRITORY TO THE CITY OF RENTON (MAPLEWOOD HEIGHTS ELEMENTARY SCHOOL ANNEXATION; FILE NO. A-09-004). WHEREAS, under the provisions of RCW 35A.14.120, as amended, a petition in writing requesting that certain territory contiguous to the City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about September 14, 2009; and WHEREAS, prior to the filing and circulation of the petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as specified in RCW 35A.14.120 and upon public hearing thereon, it having been determined and the petitioning owners having agreed to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County Department of Assessments has examined and verified the signatures on the petition for annexation on, or about September 29, 2009, and determined that the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and WHEREAS, the Department of Community and Economic Development of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 228 of 249 ORDINANCE NO. WHEREAS, the City Council fixed November 9, 2009, as the time and place for public hearing in the City Council Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to the notices, the public hearing has been held at the time and place specified in the notices, and the Council having considered all matters in connection with the petition and further determined that all legal requirements and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of March 22, 2010; and WHEREAS, the City of Renton prezoned the annexation site R-4, four dwelling units per net acre, as part of the East Renton Plateau Prezone Ordinance No. 5254 and that zoning will become effective upon annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The findings, recitals, and determinations are hereby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory described below is hereby approved and granted; the following described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after the approval, passage, and thirty (30) 2 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 229 of 249 ORDINANCE NO. days after publication of this ordinance; and on and after said date the property shall constitute a part of the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force and effect; the property being described as follows: See Exhibit A attached hereto and made a part hereof as if fully set forth herein. [The property, approximately 9-acres, is bordered by the existing City limits to the north, east, and west, with 146nd Avenue Southeast at the east and 144th Avenue Southeast at the west; parcel lines comprise the southern boundary.] and the owners of the property within the annexation shall be subject to the City's Comprehensive Plan and Zoning Code. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. A certified copy of this ordinance shall be filed with the King County Council, State of Washington, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of. _, 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of _ _, 2010. Denis Law, Mayor 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 230 of 249 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1636:5/27/10:scr 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 231 of 249 Exhibit A 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 232 of 249 MAPLEWOOD HEIGHTS ELEMENTARY SCHOOL ANNEXATION LEGAL DESCRIPTION Tracts 14 & 15 of Black Loam Five Acre Tracts as recorded in Volume 12 of Plats page 101 records of King County, Washington; TOGETHER WITH the south 30 feet of the Northeast quarter of Section 15 Township 23 North Range 5 East, W. M. adjacent thereto. IofI 09/24/2008 8:58 AM 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 233 of 249 JZL V A ) SE 132nd r ^ V \ ^~^ ) St ^n o •-L / V \ UJ > -co ."=1" SE2ndCt "»««wJ»»«HmiSfei*3Bih_St_ -±u- Department of Community & Economic Development Alex Pietsch, Administrator Adriana Johnson, Planning Technician Maplewood Heights Elementary Annexation Vicinity Map July 9, 2009 200 1:3,200 400 3 Feet N Produced by City of Renton (c) 2009, the City of Renton ail rights reserved. No warranties of any sort, including but not limited to accuracy, fitness or merchantability, accompany this product. V/A Maplewood Heights Elementary Annex \nmaj City Limits File Name: :\CED\Planning\GIS\GIS_projects\annexations\school_annex\ maplewood_heights_elem_annex\mxds\1_maplewood_heights_elem_annex_vicinity_B&VV.mxd 9c. ‐ Approving the Maplewood Heights Elementary School Annexation  (1st reading 6/21/2010)Page 234 of 249 '^+ ftetJint? (*tZt/zc>io CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", BY ADDING A NEW CHAPTER 22, SPECIAL EVENT PERMITS, TO PROVIDE FOR THE ISSUANCE OF PERMITS TO REGULATE SPECIAL EVENTS, AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to add a new chapter 22, Special Event Permits, to read as follows: CHAPTER 22 SPECIAL EVENT PERMITS SECTIO 5-22-1 5-22-2 5-22-3 5-22-4 5-22-5 5-22-6 5-22-7 5-22-8 5-22-9 N: Purpose and Intent Definitions Special Events Committee Permit Required Application Conditions of Approval Appeal Procedure Indemnification Agreement Insurance 5-22-10 5-22-11 5-22-12 5-22-13 5-22-14 Cost Recovery for Special Events Cleaning and Restoration Deposit Revocation of Permits Violation-Penalty Savings Clause 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 235 of 249 ORDINANCE NO. 5-22-1 PURPOSE AND INTENT: /V To provide for the issuance of special event permits to regulate events on the public streets and public property of the City, and private property where the event has potential to substantially impact traffic or public services; and B^. To provide for fees, charges, and procedures in order to recoup costs associated with the event and administration of the permit process. 5-22-2 DEFINITIONS: APPLICANT: The authorized agent of the organizer who completes the application and acts as primary contact for the special event. EVENT PARTICIPANT: A person in attendance at an event, including spectators, vendors, event staff, and City staff. PARADE: Any organized group marching or in a procession, whether on foot, animal, or vehicle. PERMIT: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization. PRIVATE EVENT: An event which uses public property or the public right-of- way for the purpose of monetary or personal gain by any person, partnership, group, organization, company, or corporation or which is closed to the general public or on private property where the event has potential to substantially impact traffic or public services. 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 236 of 249 ORDINANCE NO. PUBLIC EVENT: An event which is open to the public and does not meet the definition of private event. SPECIAL EVENT: Any function or gathering that is to be conducted on public property, on public right-of-ways, or on private property that will generate or invite considerable public participation and/or spectators, and may have an impact on transportation, public services or public safety, for a particular and limited purpose and time. Including but not limited to: A. Fun runs, roadway foot races, fundraising walks, auctions, bike-a-thons, car shows, parades, carnivals, shows or exhibitions, filming/movies, circuses, block parties, and fairs. J3_. Planned events in a park or other public place if the event use requires or organizer requests the City to provide any public services in addition to those that would normally be provided in the absence of the event. C Any event held on private property that would have a direct substantial impact on traffic congestion or traffic flow to and from the event over public streets or right-of-ways near the event, or that would substantially impact the need for City-provided emergency services such as police, fire, or medical aid. [X Events on private property involving an open invitation to the public to attend or events where the attendance is by private invitation and is expected to have occupant load exceeding three hundred (300) in a location that does not have a place of assembly permit and is presumed to be an event that will have a 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 237 of 249 ORDINANCE NO. direct substantial impact on the public streets, right-of-ways or emergency services. L Events involving political or religious activity intended primarily for the communication or expression of ideas. SUBSTANTIAL IMPACT: An outcome indicated when an event would preclude in whole or in significant part the public's normal and customary use of a park, public place, public sidewalk, driveway or roadway. SUBSTANTIAL PUBLIC SERVICES: A material increase in the amount, scope or level of necessary fire, police, traffic control, crowd control, or other public resources above those that would normally be required without the event. With respect to police resources, "substantial public services" means resources for crowd management or traffic control required for the event. It also includes instances where Fire and Emergency Services Department personnel are impacted by the volume of participants, or when environmental conditions are such that the impact to the crowds would be anticipated and that these conditions would reduce the effectiveness of on duty personnel requiring the recall of sufficient personnel to assist the participants as well as maintaining the required level of service to the City. USE: To construct, erect, or maintain in, on, over or under any street, right- of-way, park or other public place, building, structure, sign, equipment or scaffolding, or to alter any public right-of-way by painting, spraying or writing on the surface thereof, or to otherwise occupy in such a manner as to obstruct the 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 238 of 249 ORDINANCE NO. normal public use of any public street, right-of-way, park or other public place within the City, including a use related to special events. 5-22-3 SPECIAL EVENTS COMMITTEE: /V The Special Events Committee may consist of representatives from City departments and/or other agencies and be under the lead of the Community Services Department Administrator or designee. B^ The Special Events Committee is responsible for: L Determining whether an event requires a special event permit pursuant to the guidelines established in this chapter. 2. Establishing terms and conditions and appropriate fees. 3^ Approving, approving with conditions or denying the permits. 4± Granting or granting with conditions, an exemption to the noise level regulations set forth in RMC 8-7 if the Committee determines that the special event is an event open to the general public and that the use of sound amplification equipment will not endanger the public's health, safety or property. 5_, Granting, or granting with conditions, an exemption to any of the business license regulations set forth in RMC 5-5 if the Committee determines that any of the activities associated with and sponsored by the special event are in conformance with all other applicable City regulations related to zoning, safety and property. 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 239 of 249 ORDINANCE NO. 5-22-4 PERMIT REQUIRED: A. A special event permit is required for any special event as defined in this chapter. Either a special event permit or authorization shall be required in addition to any street or park use permit, or other regular permits as may be required by ordinance. B^ Exemptions: A special event permit is not required for the following: 1. Parades, athletic events, or other special events that occur exclusively on City property and are conducted in full by the City of Renton. 2. Park facility rentals meeting rental requirements. 3^ Funeral procession by a licensed mortuary. 4. Gatherings of fifty (50) or fewer people in a City park, unless merchandise or services are offered for sale or trade. 5. Temporary and seasonal sales conducted by businesses, such as holiday sales, grand opening sales, or anniversary sales. 6. Garage sales and rummage sales. 7. The Community Services Department Administrator or designee may authorize other exemptions where the proposed event meets the purpose and intent of this chapter without requiring additional project conditions or charges. Such exemptions may include minor events with limited or no impacts to traffic or public services, such as small filming events. 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 240 of 249 ORDINANCE NO. 5-22-5 APPLICATION: A^ Applications for a special event permit must be filed with the City at least ninety (90) days prior to the date(s) on which the event is to occur. B^ When a special event permit is required, the Special Events Committee shall advise the organizer of all other City permits that appear to be required for the event based on information contained in the application and assist the organizer in contacting other departments to apply for all other permits in a timely manner. C Complete Applications - Form and Content: The Community Services Department shall prescribe the form and content for complete applications made pursuant to this chapter. The requirements shall be made available to the public in a form that clearly explains what material must be submitted for an application to be considered complete. Certain submittal requirements may be waived by the Administrator or designee, if the applicant can demonstrate that normally required information is not relevant to the proposed action and is not required to show that an application complies with applicable City codes and regulations. D, Waiver of Application Deadline: Upon a showing of good cause or at the discretion of the Special Events Committee, the Committee shall consider an application that is filed after the filing deadline if there is sufficient time to process and investigate the application and obtain police and other City services for the event. Good cause can be demonstrated by the applicant showing that 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 241 of 249 ORDINANCE NO. the circumstance that gave rise to the permit application did not reasonably allow the participants to file within the time prescribed, and/or the event is for the purpose of exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. JL Date of Special Event Not Confirmed Until Notice of Confirmation Issued: Notwithstanding the acceptance of a completed application, the date of the event shall not be considered confirmed until the Special Event Committee issues a written notice of confirmation or a special event permit. R Decision Criteria - Approval or Approval With Conditions: The City may approve or approve with conditions the special event permit based on consideration of any one or any combination of the following factors: L The special event will not be materially detrimental to the public health, safety, or welfare nor injurious to property or improvements in the vicinity of the special event; or Z Adequate parking facilities and vehicle ingress, and egress will be provided to serve the special event and any existing uses on the site; or 3. Hours of operation of the special event are specified, and will not adversely impact surrounding uses; or 4. The special event will not cause noise, light, or glare that would materially impact surrounding uses; or L. The applicant has obtained all other applicable permits, including required right-of-way use permits. 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 242 of 249 ORDINANCE NO. G_. Decision Criteria - Denial: The City may deny the special event permit based on consideration of any one or any combination of the following factors: L The applicant provides materially false or misleading information, fails to complete the application or to supply other required information or documents; or 2. The applicant is unable to comply with the requisite terms and conditions to obtain the permit; or 3. The proposed event conflicts with another previously scheduled event or condition; or 4. The proposed event would unreasonably disrupt the orderly or safe circulation of traffic or would present an unreasonable risk of injury or damage to the public or property. 5-22-6 CONDITIONS OF APPROVAL: A^ The Special Events Committee may include as part of the special event permit, among other provisions, reasonable requirements concerning the time, place and manner of the event, and such requirements as are necessary to protect the safety and rights of persons and property and provide for the control of traffic. Conditions shall be based upon projected impacts on public safety, public places and public services, but shall not be based upon the programming content of the event or message that the proposed event may convey or any other valid expression of rights under the First and Fourteenth Amendments. B. The following types of conditions apply to all special event permits: 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 243 of 249 ORDINANCE NO. L Conditions concerning the time, place, and manner of the event proposed on the event application, including provisions for extensions of the permit; and 2. Conditions concerning the area of assembly and disbanding of an event; and 3^ Conditions concerning accommodation of pedestrian or vehicular traffic, including restricting the event to only a portion of the street or rights-of- way. C. Other conditions that may apply to special event permits include, but are not limited to: L Compliance with City traffic control plans and requirements for the use and rental of traffic cones, barricades, flaggers, or other requirements as identified. Z Compliance with health and sanitary regulations. 3. Plan for emergency treatment and evacuation of people who may need such services, emergency communication, compliance with fire regulations concerning fire suppression equipment within structures and maintenance of unobstructed emergency passageways. 4^ Requirements for use of event monitors and providing notice of permit conditions to event participants. 5i Restrictions on the number and types of vehicles, animals or structures at the event. 10 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 244 of 249 ORDINANCE NO. 6. Inspection and approval of floats, structures, and decorated vehicles for fire safety. 7. Requirements related to animal protection. 8_, Requirements for use of separate garbage and recycling containers, cleanup, and restoration of City property. 9_i Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws. 10. Notice to residents and/or businesses regarding any activity that would require a whole or partial street closure, including single-lane closures. 11. Restrictions on the sale and/or consumption of alcohol. 12. Elimination of an activity that cannot be mitigated to ensure public safety and welfare, or that causes property damage or undue liability to the City. 13. Requirements regarding the use of City personnel and equipment. 14. Requirement for provision of a plan for parking, car pooling, or use of public transportation. 5-22-7 APPEAL PROCEDURE: A. An applicant may appeal the denial of a permit or any permit condition, by filing a written notice of appeal, accompanied by a fee of two hundred fifty dollars ($250) to the City Clerk within fourteen (14) days of the decision. EL The notice of appeal shall specify the grounds for the appeal and applicant may attach any relevant documents in support of the appeal. 11 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 245 of 249 ORDINANCE NO. C An appeal under this Chapter shall be conducted by the Community Services Department Administrator or designee, who will issue a written decision regarding the appeal within ten (10) days. D. The Administrator's decision may then be appealed to the City of Renton's Chief Administrative Officer or designee. No new or additional evidence or testimony shall be accepted by the Chief Administrative Officer in this appeal. The Chief Administrative Officer shall give substantial weight to the decision made by the Community Services Department Administrator or designee. 5-22-8 INDEMNIFICATION AGREEMENT: Prior to the issuance of a special event permit, the City shall require the Applicant to execute a hold harmless and indemnity agreement and any other necessary waivers with the City. Applicant must further agree to reimburse the City for any costs incurred by it to repair damage to City property caused by Applicant's special event. 5-22-9 INSURANCE: A. The following insurance shall be required in connection with the issuance of a permit for a special event: one million dollars ($1,000,000) commercial general liability insurance per occurrence; combined single limits. Two million dollars ($2,000,000) aggregate, unless waived or modified by the City. B^ The City Risk Manager is authorized and directed to require written proof of such insurance prior to permit issuance. The insurance policy shall be written 12 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 246 of 249 ORDINANCE NO. on an occurrence basis, shall name the City as an additional insured on a non- contributory primary basis, shall be written for a period not less than twenty- four (24) hours prior to the event and extending for a period not less than twenty-four (24) hours following the completion of the event. C. The City reserves the right to require other forms of insurance in addition to the commercial general liability, if the City Risk Manager determines that such additional form of insurance is necessary for the particular type of event. 5-22-10 COST RECOVERY FOR SPECIAL EVENTS: A. A Special Event Application fee of fifty dollars ($50) per event is to be paid to the City of Renton at the time of application. This fee may be waived if the applicant can show that the proposed event is in accordance with exercising rights under the First and/or Fourteenth Amendments of the United States Constitution. B. Prior to the issuance of the special event permit the applicant will be provided an estimate for the cost of any necessary City personnel and/or equipment. Applicant may be required to provide a deposit to cover the anticipated costs. City services and equipment may include the use of police officers and public employees for traffic and crowd control, police, extraordinary street sweeping, and any other needed, requested or required city service and the cost of operating the equipment to provide such services. These fees may be in addition to other permit fees that may be required. A special event permit will be issued 13 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 247 of 249 ORDINANCE NO. when all fees have been paid and other permit obligations have been met unless otherwise provided in the conditions of approval. C. If the actual cost for City services and equipment on the date(s) of the event is less than the estimated cost, the applicant will be refunded the difference by the City in a timely manner. If the actual cost for City services and equipment on the date(s) of the event is greater than the estimated cost, the applicant will be billed for the difference. 5-22-11 CLEANING AND RESTORATION DEPOSIT: The applicant may be required to provide a cleaning and restoration deposit prior to the issuance of a special event permit. The cleaning and restoration deposit will be refunded after the event if the area used for the permitted event has been cleaned and restored to the same condition as existed prior to the event. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost by the City for cleaning and restoration. The cleaning and restoration deposit shall be applied toward the payment of the City's actual cost for cleaning and restoration. 5-22-12 REVOCATION OF PERMITS: Any permit issued under this ordinance may be revoked by the City at any time if, by reason of disaster, public calamity, riot or other emergency or exigent circumstances, the City determines the safety of the public or property requires such immediate revocation. The City may also revoke any permit issued pursuant 14 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 248 of 249 ORDINANCE NO. to this ordinance if the Special Event Committee finds that the permit has been issued based upon materially false information or if the event exceeds the scope of the permit or fails to comply with any condition of the permit. 5-22-13 VIOLATION - PENALTY: Failure to abide by any and all requisite conditions set forth in this chapter shall be an infraction subject to penalties and conditions of RMC 1-3-2. 5-22-14 SAVINGS CLAUSE: If any part or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of. _, 2010. APPROVED BY THE MAYOR this Bonnie I. Walton, City Clerk . day of , 2010. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1628:6/22/10:scr Denis Law, Mayor 15 9d. ‐ Special Events Ordinance (1st reading 6/21/2010) Page 249 of 249