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HomeMy WebLinkAboutCouncil 04/11/2011AGENDA  RENTON CITY COUNCIL    REGULAR MEETING  April 11, 2011  Monday, 7 p.m.  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.ADMINISTRATIVE REPORT 4.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting.  Each speaker is allowed 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. 5.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the  recommended actions will be accepted in a single motion.  Any item may be removed for further  discussion if requested by a Councilmember.  a. Approval of Council meeting minutes of 4/4/2011.  Council concur.  b. City  Attorney  Department  recommends  a  City  Code  amendment  regarding  expulsions  and  criminal trespass at the Transit Center.  Refer to Public Safety Committee.  c. Community and Economic Development Department recommends approval of the "Creating a  Clean  Economy  in  Renton"  strategy;  and  authorization  to  pursue  the  proposed  recommendations as budget and resources allow.  Refer to Committee of the Whole.  d. Community and Economic Development Department recommends setting a public hearing on  4/25/2011 to consider City Code amendments regarding location requirements for adult retail  and entertainment establishments.  Council concur; set public hearing on 4/25/2011.  e. Finance and Information Technology Department recommends approval of a contract in the  amount of $637,451 with EnerGov Solutions for the purchase of a permits software system to  replace Permits Plus.  Refer to Finance Committee.  f. Transportation Systems Division requests authorization to set 5/2/2011 as the date for first  and second reading and adoption of an ordinance condemning certain properties on Rainier  Ave. S., between S. Grady Way and 200 feet north of S. 2nd St., required as part of the Rainier  Ave. Improvements project.  Refer to Transportation (Aviation) Committee.  g. Utility Systems Division recommends approval of a contract in the amount of $2,388,861.08  with United Pipe and Supply, Inc. to provide all system components for an Automated Water  Meter Reading System and related services.  Refer to Utilities Committee.  h. Utility Systems Division recommends approval of a 50‐year partial requirements water supply  contract with Seattle Public Utilities, with an initial cost of $49,000, to provide long‐term water  to meet future demand. Refer to Utilities Committee.  6.UNFINISHED BUSINESS Page 1 of 731 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: Bronson Way Property Purchase & Sale Agreement  b. Transportation  (Aviation)  Committee:   NE  3rd/4th  Corridor  Improvements  Update;  S  7th  St.  Improvements Project Traffic Analysis Update  7.RESOLUTIONS AND ORDINANCES 8.NEW BUSINESS (Includes Council Committee agenda topics; call 425‐430‐6512 for recorded information.) 9.AUDIENCE COMMENT 10.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA   (Preceding Council Meeting)     COUNCIL CHAMBERS   April 11, 2011  Monday, 4:30 p.m.     Utility Billing Leak Detection ‐ Policy/Practice/Notice/Bill Adjustment;   National Center for State Courts Assessment ‐ Briefing;    Rainier Ave. Update ‐ Moved to Special Council Meeting 5:45 p.m. in Council Chambers    • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •     CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 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  SPECIAL COUNCIL MEETING  COUNCIL CHAMBERS  April 11, 2011  Monday, 5:45 p.m.    1.  CALL TO ORDER      2.  ROLL CALL      3.  SPECIAL PRESENTATION:  Rainier Ave. Widening Project Update      4.  EXECUTIVE SESSION (property acquisition)      5.  ADJOURNMENT    Page 2 of 731 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Ordinance Amending Chapter 6-31 RMC, Regulation Of Conduct At Transit Center Meeting: Regular Council - 11 Apr 2011 Exhibits: Transit Center Regulations Revision Ordinance Submitting Data: Dept/Div/Board: City Attorney Staff Contact: Zanetta Fontes, x6486 Recommended Action: Refer to Public Safety Committee. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: The recently adopted Transit Center Ordinance contains a provision that says there is a risk of being charged with criminal trespass in the event the person ignores the officer’s immediate expulsion. There is no provision subjecting a person to criminal trespass prosecution in the event the person ignores a longer expulsion. This came to light when amending the Park Expulsion Notice to include the provisions for the Transit Center expulsions. This proposed legislation would eliminate that limitation and allow the police to cite for criminal trespass when a person ignores ANY expulsion (the three or more days OR the year). Further, this legislation would bring the Transit Center Expulsion ordinance in line with the Park Expulsion ordinance. STAFF RECOMMENDATION: Adopt the ordinance amending the Transit Center regulations. 5b. ‐ City Attorney Department recommends a City Code amendment  regarding expulsions and criminal trespass at the Transit Center.  Refer  Page 3 of 731 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 31, REGULATION OF CONDUCT AT TRANSIT CENTER, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, BY AMENDING SUBSECTION 6-31-3A, ADDING A NEW SUBSECTION 6-31-3D, ADDING A NEW SECTION 6-31-6, ENTITLED “TRESPASS IN TRANSIT CENTER DEFINED”, RENUMBERING THE CURRENT SECTIONS 6-31-6 AND 6-31-7, AND ADDING A NEW SUBSECTION 6-31-7D, TO CLARIFY THE CRIME OF TRESPASS IN THE TRANSIT CENTER AND TO EXPAND THE CIRCUMSTANCES UNDER WHICH A PERSON CAN BE PROSECUTED FOR TRESPASS IN THE TRANSIT CENTER. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Subsection 6-31-3A, Immediate Expulsion, of Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended as follows: A.Immediate Expulsion: Any person violating a rule or provision of this Chapter or any federal, state or local law may be ordered by a commissioned peace officer to leave the Transit Center immediately. Failure to comply with such an expulsion order shall be grounds for prosecution for criminal trespass. SECTION II.Section 6-31-3, Expulsion, of Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended to add a new subsection D, to read as follows: D.Failure to comply with any expulsion order shall be grounds for prosecution for criminal trespass. 5b. ‐ City Attorney Department recommends a City Code amendment  regarding expulsions and criminal trespass at the Transit Center.  Refer  Page 4 of 731 ORDINANCE NO. ________ 2 SECTION III.Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended to add a new Section 6-31-6, entitled “Trespass in Transit Center Defined”, to read as shown below. The remaining sections shall be renumbered accordingly. 6-31-6 TRESPASS IN TRANSIT CENTER DEFINED: It is unlawful for any person to enter or remain in the Transit Center during the period covered by an expulsion notice pursuant to RMC 6-31-3. SECTION IV.Section 6-31-7, Penalties, of Chapter 31, Regulation of Conduct at Transit Center, of Title VI (Police Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby renumbered as section 6-31-8 pursuant to SECTION III of this ordinance, and amended to add a new subsection D, to read as follows: D.Any person who enters or remains in the Transit Center during the period covered by an expulsion notice shall be guilty of a misdemeanor and may be punished by a fine in any sum not to exceed one thousand dollars ($1,000) or by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment. SECTION V.This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. 5b. ‐ City Attorney Department recommends a City Code amendment  regarding expulsions and criminal trespass at the Transit Center.  Refer  Page 5 of 731 ORDINANCE NO. ________ 3 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1696:3/30/11:scr 5b. ‐ City Attorney Department recommends a City Code amendment  regarding expulsions and criminal trespass at the Transit Center.  Refer  Page 6 of 731 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Renton Clean Economy Strategy Meeting: Regular Council - 11 Apr 2011 Exhibits: Document “Creating a Clean Economy in Renton” and Appendices A, B, C, D Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Kris Sorensen, Planning x6593 Recommended Action: Refer to Committee of the Whole Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: CED, with the assistance of an interdepartmental team and a consultant, recently completed the “Creating a Clean Economy in Renton” strategy with the goal of determining specific action steps to: 1) Reduce operation costs for both the City and the community through energy-saving and resource- efficiency measures; 2) Understand greenhouse gas impacts and identify cost-effective steps to reduce emissions and save energy; 3) Capitalize on opportunities for funding and investment, including federal grants, state infrastructure funding, and other investments in the region; and 4) Identify new initiatives for a competitive, clean local economy and fulfill Renton’s commitment to stay “ahead of the curve.” The completed strategy provides 22 recommendations and outlines the following five initial steps: 1) Formalize a commitment by establishing a citywide “Green Team:” 2) Identify and implement additional resource conservation upgrades at City facilities and set high standards for new infrastructure; 3) Engage with Renton employers on efforts to “green” their businesses and the Renton community; 4) Partner with utilities, institutions, employers, and others to implement a community energy program; and 5) Launch a transportation campaign in Renton to engage the community in both short-term and long- term advocacy for regional transportation investments in Renton. STAFF RECOMMENDATION: Approve the "Creating a Clean Economy in Renton" strategy and authorize the Administration to pursue the proposed recommendations as budget and resources allow. 5c. ‐ Community and Economic Development Department recommends  approval of the "Creating a Clean Economy in Renton" strategy; and Page 7 of 731 April 2011 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 o f 7 3 1 AcknowledgementsCity of Renton Contributing Businesses and Organizations Alex Pietsch Community & Economic Development Administrator Bill Taylor Renton Chamber of Commerce C.E. “Chip” Vincent Planning Director Brad Telford Boeing Dave Christensen Public Works –Utility Systems Diedre Goodchild IKEA David Hohn Fleets Manager Jesse Uman Boeing Erik Wallgren Deputy Fire Chief/Safety & Support Matt Kelly Walmart Gregg Zimmerman Public Works Administrator Michael Verhaar Boeing Jay Covington Chief Administrative Officer Mike Clark PACCAR/Kenworth Kris Sorensen Assistant Planner Mike Mayhew Wizards of the Coast Linda Knight Public Works –Solid Waste Paul Hayes Valley Medical Center Lys L. Hornsby Public Works -Utility Systems Director Rich Moore Renton School District Marty Wine Mayor’s Office Steve Hanson Renton Technical College Mehdi Sadri Information Technology Director Mike Stenhouse Public Works –Maintenance Services Neil Watts Development Services Director Peter Renner Facilities Director Preeti Shridhar Communications Director Raymond Sled Public Works -Water Systems Rich Perteet Deputy Public Works Administrator Ron Straka Public Works –Surface Water Suzanne Dale Estey Economic Development Director Todd Black Capital Project Coordinator Tracy Schuld Accounting Supervisor …the center of opportunity in the Puget Sound Region where families and businesses thrive. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 o f 7 3 1 Creating a Clean Economy in RentonContents The Opportunity 4 Research Overview 7 Key Findings 11 Summary of Recommendations 18 Findings & Recommendations 24 Leadership & Governance 25 Renton Today 25 Recommendations 27 Business &Community Engagement 30 Renton Today 30 Recommendations 35 Resource Efficiency & Renewable Energy 41 Renton Today 41 Recommendations 45 Mobility, Land Use & Development 53 Renton Today 53 Recommendations 58 Getting Started 61 Appendices Kick-off Meeting Agenda and Summary A Staff Interview Guide B External Situation Analysis C Greenhouse Gas Inventory D DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 o f 7 3 1 The City of Renton’s vision is to be the “center of opportunity in the Puget Sound region, where families and businesses thrive.”Renton is realizing this vision in many ways. At the south end of Lake Washington, Renton is a hub to key transportation routes and offers high- performing schools, a green network of trails and parks, and urban amenities—making it a great place to live, work, learn, and play. Renton is home to globally recognized companies such as Boeing, PACCAR, ad IKEA. Its strong economic base and diverse marketplace have also attracted “new economy” companies such as Parallels, Microscan Systems, and Wizards of the Coast. Renton’s leaders recognize that achieving its vision of building a sustainable and prosperous community over the long term hinges on the community’s ability to compete in the economy of the future. By necessity, that future will be more resource-efficient; rely on clean and renewable energy sources; and call on governments, businesses, and citizens to minimize pollution and waste. Renton has joined with regional and national governments to reduce greenhouse gas emissions, create compact and thriving neighborhoods, and invest in clean mobility and energy efficiency. The City is now reviewing past successes and identifying opportunities to help Renton effectively compete in a clean economy. In a clean economy, vitality, growth, and jobs derive from economic activity that is highly resource-efficient, applies renewable energy sources such as solar and wind, and minimizes the generation of waste and pollution. A clean or green economy is an element of sustainable development, which considers the needs of future generations along with those of the present and heeds the “triple bottom-line” of economy, community, and environment. Renton’s Vision Renton is the center of opportunity in the Puget Sound region, where families and businesses thrive. The City of Renton—in partnership and communication with residents, businesses, and schools is dedicated to: Providing a healthy, welcoming atmosphere where citizens choose to live, raise families, and take pride in their community. Promoting planned growth and economic vitality. Valuing our diversity of language, housing, culture, backgrounds and choices. Creating a positive work environment. Meeting service demands through innovation and commitment to excellence. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 o f 7 3 1 The Opportunity Building a clean economy is a vital element of the future economic landscape. Businesses and governments alike are seeking new ways to mitigate loss of traditional manufacturing jobs, volatile energy prices, global climate change, and dependence on foreign oil. Clean economy strategies seek to attract growing industries and create high-paying jobs— while conserving resources, reducing greenhouse gas emissions, and minimizing waste and pollution. Renton can benefit from a clean economy. Our region brings valuable assets to help capture low-carbon, clean-energy sectors—including a prevalent green culture, supportive regional government policies, a significant natural resource base, and a strong base of manufacturing infrastructure and technical know-how. As Puget Sound moves toward a cleaner, more efficient economy, Renton can position itself to capitalize on these regional efforts and to attract clean jobs and industries, while conserving natural resources and reducing greenhouse gas emissions. Prioritizing resource- efficient actions in city operations, programs, policies, and investments will help Renton lead and stay competitive, save money, mitigate risk, and leverage resources to benefit the Renton community. Renton’s clean economy strategy provides recommendations to integrate clean economy objectives into the City’s practices, policies, and investments. The strategy builds on what Renton is already doing and its place in the greater Seattle/Puget Sound region, coupled with competitive advantages that include its people and employees, green ethic, and local business leadership. Together, the recommended actions are designed to help Renton thrive in a more resource-efficient future; rely on clean and renewable energy sources; and move governments, businesses, and citizens alike to minimize pollution and waste. Renton can benefit from investments in a clean economy. Lead and stay competitive. Renton can position itself as a clean economy leader to attract clean businesses and residents seeking efficient and future- oriented communities—creating local jobs and revenue. Save money. Using less energy in homes, buildings, and vehicles means lower transportation and energy costs for residents, businesses, and governments—and more money to invest in the local economy and community. Mitigate risk. Our region’s relatively low energy prices stem from reliable hydropower. Scientists and economists predict that decreased snowpack and increased energy demand will lead to higher energy prices, especially for carbon-based fuels. Reducing energy needs will help maintain reliability, adapt to a changing climate, and use our clean energy sources efficiently. Leverage resources. Investments in energy efficiency and renewables will likely continue. Renton must compete effectively to bring federal, state, utility, and private funding for its community and economic development. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 4 o f 7 3 1 In 2010/2011, Renton’s Department of Community and Economic Development partnered with Cascadia Consulting Group to develop a clean economy strategy. Specific goals of the project were to design a strategy to help the City: •Reduce operating costs for both the City and the community through energy- saving and resource-efficiency measures. •Understand greenhouse gas impacts and identify 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. •Identify new initiatives for a competitive, clean local economy and fulfill Renton’s commitment to stay “ahead of the curve.” METHODOLOGY To build on Renton’s accomplishments and identify opportunities for future action, Cascadia interviewed city staff and community leaders, conducted a greenhouse gas inventory, and identified relevant regional and national trends. 1. Interviews In September 2010, Cascadia facilitated a project kick-off meeting with key staff to gather input and ideas, identify efforts already underway in the city, understand priorities, and determine how to engage staff in the effort. Sixteen staff representing six City departments participated in the meeting, and Appendix A includes the meeting materials. Cascadia also conducted phone interviews with 12 staff members from key departments to learn more about current practices, policies, and programs; potential barriers; and opportunities to increase energy efficiency, sustainability, and renewable energy in City operations and the broader community. Appendix B provides the staff interview guide. Kick-Off Attendees Alexander Pietsch Community & Economic Development Chip Vincent Community & Economic Development Eric Wallgren Fire Gregg A. Zimmerman Public Works Jay Covington Executive Kelly Beymer Community Services Kris Sorensen Community & Economic Development Lys L. Hornsby Public Works Mehdi Sadri Finance & Information Technology Neil Watts Community & Economic Development Peter Renner Community Services Preeti Shridhar Executive Raymond Sled Public Works Rich Perteet Public Works Suzanne Dale Estey Community & Economic Development Todd Black Community Services DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 5 o f 7 3 1 Research Overview Cascadia worked with Renton’s Economic Development Director to identify business and community leaders to interview regarding their interests and efforts related to a clean economy and sustainability. Cascadia interviewed 10 organizations: Aero-Plastics, Boeing, IKEA, PACCAR/Kenworth, the Renton Chamber of Commerce, the Renton School District, Renton Technical College, Valley Medical Center, Walmart, and Wizards of the Coast. The discussions focused on the green attitudes and culture within the interviewee’s organization, specific sustainability efforts and barriers within the organization, perceptions of City efforts, and recommendations for future consideration. Appendix C provides the employer interview guide. 2. Greenhouse gas inventory To help the City of Renton understand current energy use and impacts and identify opportunities for savings, Cascadia conducted a greenhouse gas inventory for both municipal operations and the Renton community as a whole. Cascadia worked with staff to establish 2009 as the base year (based on best available data) and calculated emissions from the activities of businesses, organizations, and people that resided within the City’s boundaries during that base year. Department staff helped assemble the necessary data. In October 2010, Cascadia conducted a greenhouse gas inventory training to outline the data collection process and establish lead contacts for data collection for the following sectors: Municipal inventory: employee commuting; business travel; vehicle fleets; golf course equipment; and energy use (building, streetlights, traffic lights, water delivery). Community inventory: energy use (residential, commercial, industrial); transportation (vehicle miles and airline); and waste and recycling. Cascadia used ICLEI’s Clean Air and Climate Protection (CACP) software in combination with established protocols and standards to prepare the inventories. Appendix D provides a detailed summary of the methodology and findings for Renton’s municipal and community greenhouse gas inventories. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 6 o f 7 3 1 Research Overview 3. Additional research Cascadia conducted additional research on clean energy trends and opportunities at the local, regional, and federal levels to identify opportunities for connecting Renton’s goals and actions to related efforts and funding opportunities. To the left is a selection of clean economy studies and reports reviewed. Select clean economy studies reviewed Clean Energy Trends 2010 Clean Edge www.cleanedge.com/reports/pdf/Trends2010.pdf The Clean Energy Economy The Pew Charitable Trusts www.pewcenteronthestates.org/uploadedFiles/Clean_Economy_Report_Web.pdf 2009 Washington State Green Economy Jobs Washington Employment Security Department www.energy.wsu.edu/Documents/2009_Green_Economy_Jobs_FINAL_Report.pdf Washington State’s Green Economy Commerce www.ecy.wa.gov/climatechange/CTEDdocs/GreenEconomy_StrategicFramework.pdf Metropolitan Business Plan for the Central Puget Sound Region Prosperity Partnership www.prosperitypartnership.org/businessplan/MetropolitanBusinessPlan.pdf Energy Strategy Update and 2011 Biennial Energy Report with Indicators Commerce www.commerce.wa.gov/site/1327/default.aspx DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 7 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 8 o f 7 3 1 From our research and analysis, Cascadia gleaned the following key observations intended to inform recommendations for advancing Renton clean economy goals. These eight high-level findings provide a snapshot of where Renton is today, based on interviews with city staff as well as business and community leaders, analysis of resource use, and clean economy trends and opportunities. These observations directly inform the recommended actions to help Renton continue to lead by example, foster local engagement, communicate success, and foster green innovation. 1.Renton’s employees are highly motivated and enthusiastic about advancing clean economy goals. 2.Renton is leading by example with an impressive list of actions underway through city partnerships, practices, policies, and programs. 3.Renton’s businesses bring strong leadership and interest in fostering a clean economy in Renton. 4.The Renton community has a compelling “clean economy” story to tell. 5.The clean economy continues to offer competitive advantages and economic development opportunities. 6.The Puget Sound region is bursting with clean economy activity. 7.Renton’s greenhouse gas inventory shows that in 2009, the community emitted approximately 1.2 million metric tons of carbon dioxide-equivalent, translating to approximately 20 metric tons per person. 8.Renton’s greenhouse gas inventory shows that in 2009, the City’s municipal operations emitted more than 14,000 metric tons of carbon dioxide-equivalent, about 0.2 of metric tons per resident. These eight findings are described in more detail in the pages that follow. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 9 o f 7 3 1 2. Renton is leading by example with an impressive list of actions underway through city partnerships, practices, policies, and programs. Renton has firmly established its clean economy leadership through national and regional efforts such as the U.S. Conference of Mayors’ Climate Protection Agreement, the Cascade Agenda Cities program, Puget Sound Clean Cities Coalition, and the C-7 New Energy Partnership. The City is advancing regional transportation solutions with strategic investments in low- emission fleet vehicles and electric vehicle charging infrastructure. Renton has leveraged federal and utility funding to improve building and traffic lighting efficiencies, saving energy and money. The City is working with Puget Sound Energy to help residents reduce home energy use, and the Renton community has achieved an impressive 70% residential recycling rate. Renton recently became one of eight cities in Washington to adopt a Complete Streets ordinance to foster safe and convenient access and travel for all users including pedestrians, 1. Renton’s employees are highly motivated and enthusiastic about advancing clean economy goals. Staff from every department proudly described a host of clean economy actions and reported a prevailing green ethic across the City. Interviewees also expressed widespread interest in establishing a citywide policy to drive sustainability goals, set targets and metrics, and align department actions. Staff suggested making green actions engaging and fun through education and competitive challenges. Employee suggestions and ideas can be a key driver of efforts to improve energy efficiency. DRAFT Key Findings 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 0 o f 7 3 1 Key Findings bicyclists, transit riders, freight, motor vehicles, and people of all ages and abilities. In 2009, Renton received Tree City USA status and that same year, its Maplewood Golf Course was the twelfth in the state to be designated as a Certified Audubon Cooperative Sanctuary. 3. Renton’s businesses bring strong leadership and interest in fostering a clean economy in Renton. Most of the employers interviewed showed strong sustainability awareness and reported green innovations. Most of the larger companies, like Boeing, IKEA, Valley Medical Center, and Wizards of the Coast are currently developing or implementing leading clean technology, transportation, and efficiency initiatives. Renton’s educational institutions such as the Renton Schools District and Renton Technical College are implementing resource efficiency measures at their facilities and helping educate and train the next generation of workers for green jobs. Business leaders are eager to engage with the City on green topics, particularly transportation opportunities. 4. The Renton community has a compelling “clean economy” story to tell. Many inspiring green efforts are underway across city departments and within the business community. Taken together, the City’s clean economy leadership is remarkable. However, most of the stakeholders (city staff and employers) that we spoke with had a limited view of what others were doing to advance green initiatives. The City needs to articulate and share these stories across departments and the community as a whole to firmly embed the clean economy in the City’s brand. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 1 o f 7 3 1 Key Findings 5. The clean economy continues to offer competitive advantages and economic development opportunities. Between 1998 and 2007, green jobs grew at a faster rate than overall jobs (9.1% compared to 3.7%), and national clean technology venture capital investments totaled more than $12 billion over the past three years.1 States like California, Massachusetts, New York, Oregon, and Texas are aggressively competing to align clean energy and regulatory policy to support clean economy development. The 2009 American Recovery and Reinvestment Act (ARRA) brought a $90-billion investment in clean energy and transportation- related programs. President Obama reiterated this federal commitment in his 2011 State of the Union address, calling to generate 80 percent of U.S. electricity from clean energy sources by 2035, put 1 million clean vehicles on the road by 2015, reauthorize clean energy manufacturing tax credits, and expand clean energy research and development. 6. The Puget Sound region is bursting with clean economy activity. Our region is investing in growing a clean economy to create industries and jobs for the future. The state has emphasized green economy goals through its Climate Change Challenge and the Evergreen Jobs Initiative. The Governor convened a Clean Energy Leadership Council to help Washington more aggressively foster a clean economy. Several state energy measures are advancing energy efficiency in buildings and vehicles as well as renewable energy generation. Electric vehicle (EV) technology is a particular focus, supported by our region’s clean hydropower. Initiatives such as the Electric Highway Project, the EV Project, and Puget Sound Clean Cities Coalition alternative fuel funding are bringing multimillion-dollar investments in EV infrastructure to our region. The Puget Sound Regional Council’s Prosperity Partnership is crafting a business plan to develop an energy efficiency export market in central Puget Sound. In addition, dozens of local governments are testing innovative clean energy programs to advance community energy savings, green jobs, and emission reductions.1 The Pew Charitable Trusts, The Clean Energy Economy: Repowering Jobs, Businesses and Investments Across America, 2009. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 2 o f 7 3 1 Key Findings7. Renton’s greenhouse gas inventory shows that in 2009, the community emitted approximately 1.2 million metric tons of carbon dioxide-equivalent, translating to approximately 20 metric tons per person. As shown to the right, transportation accounts for the largest emissions (49%), as in other Washington communities. Commercial (21%) and residential energy use (20%) are the next largest contributors, followed by industrial energy use (9%) and solid waste (.3%). Renton’s community emissions are higher than other Puget Sound cities in several categories (differences can be due to factors such as inventory year, development patterns, and inventory scope). In addition to transportation, key opportunities for reducing Renton’s carbon footprint may exist in commercial and residential energy use. Community Inventory by Emissions Sector Total Emissions: 2,216,258 mtCO2e 0 5 10 15 20 25 30 Renton (2009) Bellingham (2000) Seattle (2008) Auburn (2008) Tacoma (2005) Bellevue (2006) Lynnwood (2006) m e t r i c t o n s C O 2 - e q p e r p e r s o n Per Capita Community Emissions Solid Waste Commercial Energy Use Industrial Energy Use Residential Transportation Per Capita Community Emissions DRAFT Commercial Energy Use, 257,239 , 21% Industrial Energy Use, 107,036 , 9% Residential Energy Use, 246,644 , 20% Transportation, 601,343 , 49% Solid Waste, 3,996 .3% 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 3 o f 7 3 1 Key Findings 8. Renton’s greenhouse gas inventory shows that in 2009, the City’s municipal operations emitted more than 14,000 metric tons of carbon dioxide-equivalent, about 0.2 of metric tons per resident. As shown in the sidebar, the majority of municipal emissions come from building energy use (40%), while water delivery services (23%) and vehicle fleet (18%) contribute the second-and third-highest emissions, respectively. In comparison with other jurisdictions, Renton’s municipal emissions are slightly higher on a per-capita basis than nearby communities such as Auburn and Kirkland—though differences in inventory years, the size and type of city facilities, and the scope (e.g., whether employee commuting and material use are included) make it difficult to draw exact comparisons. Renton’s municipal inventory points to key reduction opportunities in water, fleets, and buildings. 0.00 0.05 0.10 0.15 0.20 0.25 0.30 Renton (2009) Bellingham (2005) Bellevue (2006) Edmonds (2006) Kirkland (2005) Vancouver (2007) Auburn (2008) m e t r i c t o n s C O 2 - e q p e r p e r s o n Municipal Government Per Capita Municipal Emissions Waste Water/Sewage Streetlights Commute Fleet Buildings Buildings, 5,664 , 40% Water Delivery Facilities, 3,274 , 23% Vehicle Fleet, 2,531 , 18% Street Lights, 1,257 , 9% Employee Commuting, 995 , 7% Traffic Lights, 185 , 2% Wastewater Facilities, 121 , 1% Business Travel, 44 .3% Refrigerants, 10 , .1% Municipal Inventory by Emissions SectorTotal Emissions: 14,081 mtCO2e Buildings Water Delivery Facilities Vehicle Fleet Street Lights Employee Commuting Traffic Lights Wastewater Facilities Business Travel Refrigerants Municipal Inventory by Emissions Sector Total Emissions: 14,081 mtCO2e Per Capita Municipal Emissions DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 4 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 5 o f 7 3 1 The 22 recommendations presented in this strategy address diverse elements of a clean economy: leadership, community engagement, resource efficiency, renewable energy, planning and growth, and economic development. Taken together, the recommendations provide initial direction to help the City advance its four goals identified at the start of this project: 1.Reduce operating costs for both the City and the community through energy- saving and resource-efficiency measures. 2.Understand greenhouse gas impacts and identify cost-effective steps to reduce emissions and save energy. 3.Capitalize on opportunities for funding and investment, including federal grants, state infrastructure funding, and other investments in the region. 4.Identify new initiatives for a competitive, clean local economy and fulfill Renton’s commitment to stay “ahead of the curve.” A snapshot of the 22 recommendations in each of the five topic areas above are highlighted in this section, with a more detailed discussion of each in subsequent sections of this strategy. In addition, five immediate action steps are recommended to get Renton started on the path to a more prosperous and clean economy. These steps integrate many of the recommendations and are designed to provide a focused way to create early momentum, build support for future efforts, achieve near-term cost-savings greenhouse gas reductions, and foster new initiatives. The five steps are described in greater detail in the Getting Started section of this strategy. •Leadership & Governance •Mobility, Land Use & De•Business & Community Engagement •Resource Use & Renewable Energy •Mobility, Land Use & Development DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 6 o f 7 3 1 LEADERSHIP & GOVERNANCE 1-1. Formalize Renton’s clean economy goals, commitments, and desired outcomes. 1-2. Establish a Renton Green Team to shepherd the City’s clean energy goals and spur staff innovations. 1-3. Showcase Renton’s leadership and success. 1-4. Continue to collaborate on regional clean economy initiatives; develop key partnerships for Renton-specific actions. Summary of Recommendations BUSINESS & COMMUNITY ENGAGEMENT 2-1. Engage Renton’s leading employers in a dialogue on the clean economy and sustainability. 2-2. Organize and facilitate roundtables with Renton’s business leaders. 2-3. Develop a green guide for Renton’s business leaders. 2-4. Support the business community in facilitating local and regional transportation solutions. 2-5. Consider developing a green recognition program for Renton’s community leaders. 2-6. Continue to develop and market tools and incentives to attract new businesses—particularly clean technology companies. 2-7. Spur local green jobs. 2-8. Provide green resources for residents on Renton’s website. 2-9. Facilitate a community dialogue around a broader “Clean Economy Agenda” for Renton. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 7 o f 7 3 1 Summary of Recommendations RESOURCE EFFICIENCY & RENEWABLE ENERGY 3-1. Streamline procurement and incorporate environmental guidelines into purchasing policies and contracts. 3-2. Establish energy performance standards and reporting for city buildings and pursue additional energy efficiency opportunities. 3-3. Team with PSE and other partners to implement weatherization and energy efficiency efforts throughout the Renton community. 3-4. Incorporate renewable energy generation into city projects and foster private-sector investments. 3-5. Advance waste prevention and diversion of materials in the City’s own operations, with haulers, and through targeted efforts in specific sectors. MOBILITY, LAND USE & DEVELOPMENT 4-1. Renton should continue to promote clean vehicle incentives and programs. 4-2. Work with King County Metro and local businesses to reduce single-occupancy vehicle commute trips. 4-3. Foster smart growth and compact, walkable communities through policies, plans, and incentives. 4-4. Model low impact development (LID) practices on high-profile parcels and public right- of-ways and incorporate green elements into public and private developments through investments, policies, and incentives. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 8 o f 7 3 1 Summary of Recommendations Step 1: Formalize the commitment and establish a Green Team (Actions 1-1, 1-2, 1-3) A critical first step is to secure top-level support to make sustainability and clean energy a priority. This commitment should also be embedded into the City’s brand to promote these values internally and externally. Forming a Green Team is a key step for implementing clean economy investments and actions across the various departments and lines of business and demonstrating City leadership in the community. Step 2: Identify and implement additional resource conservation upgrades at City facilities and set high standards for new infrastructure (Actions 3-1, 3-2, 3-3, 3-4, 4-1) Leading by example sets the right example and can generate significant cost savings. City buildings, fleets, and other infrastructure improvements are often easy to implement in that they fall within the purview of the City. Resource conservation activities provide tangible actions with quantifiable outcomes to show immediate progress in reducing cost and greenhouse gas emissions. Step 3: Engage with employers on efforts to green their businesses and the Renton community (Actions 2-1, 2-2, 2-3, 2-4, 2-5, and 3-4) Many of Renton’s employers are national leaders in resource conservation. They expressed strong green values and corporate leadership in these areas. At the same time, smaller businesses could benefit from greater assistance. Renton can collaborate with others to support the City’s businesses community with green initiatives, help to facilitate a cross-business dialogue, and foster greater public-private partnerships to achieve the City’s climate protection and clean economy goals. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 2 9 o f 7 3 1 Summary of Recommendations Step 4: Partner with utilities, institutions, employers, and others to implement a community energy program (Actions 2-7, 2-8, 2-9, 3-2) Targeting a particular neighborhood or business sector in Renton for direct install or upgrades of weatherization measures or developing a cooperative effort such as district energy or community solar are opportunities for helping the community reap clean energy benefits such as cost savings, green jobs, and healthy air. The initiative could begin small by packaging and marketing available energy rebates and financing or could involve helping the community reap clean energy benefits such as cost savings, green jobs, and healthy air. The initiative could begin small by packaging and marketing available energy rebates and financing or could involve developing new programs with community partners. Climate Solutions’ New Energy Cities program is one opportunity for leveraging outside resources to support community energy initiatives. Step 5: Launch a transportation campaign to engage the community in short-term actions and long-term advocacy for regional transportation investments in Renton (Actions 2-4, 4-1, 4-2) Renton’s greenhouse gas inventory shows that approximately 50 percent of the city’s greenhouse gas emissions come from transportation activities. Given high community interest in this topic and the role Renton serves as a regional transportation hub, the City should initiate a local campaign to engage community leaders in implementing highly visible transportation actions at the local level (e.g. employee commuting) as it builds a community constituency to advocate for longer-term regional transportation investments in Renton. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 0 o f 7 3 1 Leadership & Governance Business & Community Engagement Resource Efficiency & Renewable Energy Mobility, Land Use & Development DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 1 o f 7 3 1 Findings & Recommendations Leadership and governance actions build departmental and community awareness, responsibility, collaboration, and action as key elements of planning and implementation. These actions include establishing citywide goals and policies, promoting a strong green ethic across city departments and staff, leading by example through bold city actions, and engaging in partnerships to foster regional coordination and success. Communication enables Renton to tell its clean economy story, enhancing the Renton brand and building momentum for additional initiatives and actions. RENTON TODAY Over the last decade, Renton has established its regional sustainability leadership through commitments and partnerships to address global climate change and foster local clean energy solutions. In 2007, Renton joined hundreds of other U.S. cities in signing the U.S. Mayors’ Climate Protection Agreement,committing to advance climate protection policies and actions. Renton is a member of the Cascade Land Conservancy’s Cascade Agenda Cities program and joined ICLEI—Local Governments for Sustainability in 2010. In addition, the City has played an integral role in developing regional certification standards to improve fleet efficiency through the Evergreen Fleets Advisory Committee. Renton is a member of the Puget Sound Clean Cities Coalition, which promotes alternative fuels and vehicles, fuel blends, hybrid and electric vehicles, and idle reduction. Renton is collaborating with regional jurisdictions to secure funding and advance clean mobility, energy efficiency, and smart grid initiatives through its participation with Puget Sound New Energy Solutions and the C-7 New Energy Partnership. Renton is also playing an active role in King County’s Sustainable Cities program. Leadership & GovernanceDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 2 o f 7 3 1 REGIONAL LEADERSHIP INITIATIVES IN WHICH RENTON IS ENGAGED Puget Sound New Energy Solutions brings public agencies, utility providers, cities and counties, think tanks, and civic leaders together to collaborate on new energy service delivery models, technologies, and other innovative energy solutions. C-7 New Energy Partnership includes seven neighboring cities (Bellevue, Issaquah, Kirkland, Mercer Island, Redmond, Renton, and Sammamish) to capitalize on proximity, shared goals, and combined resources of the most heavily travelled corridors in the region. The Cascade Agenda “Cities” program enlists the region’s cities to improve the livability of neighborhoods—making them complete, compact, and connected. This program, sponsored by the Cascade Land Conservancy, educates partner cities about how to make smart choices about future growth and provides a framework to improve and share best practices that enable cities to make their neighborhoods better. ICLEI—Local Governments for Sustainability is an international association of local governments and national and regional organizations committed to sustainable development. ICLEI provides technical consulting, training, and information services to build capacity, share knowledge, and support local governments in the implementation of sustainable development policies and practices. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 3 o f 7 3 1 The City has implemented green practices, policies, and actions in its own operations and facilities. Interviewees from every department proudly described a host of green efforts currently underway. Key drivers for sustainability include an overarching green ethic in the community, mandates and requirements, cost savings, and leadership. Barriers to being more green included cost, lack of formal leadership, insufficient information, and other higher priorities. City interviewees emphasized the need to create a strong foundation to foster clean economy action across Renton’s departments and staff as well as to establish a systematic framework to measure accomplishments. For example, the City does not have a citywide sustainability vision or specific goals related to energy and climate. Multiple staff members suggested that the City establish a Green Team to coordinate and advance the efforts currently underway by specific departments and individuals. In addition, staff suggested developing a triple bottom-line tool to evaluate City investments, actions, and desired outcomes. RECOMMENDATIONS 1-1. Formalize Renton’s clean economy goals, commitments, and desired outcomes. This strategy assesses Renton’s clean energy accomplishments and opportunities and then defines an initial set of leveraged, high-return actions to move Renton toward a clean economy. The next step is to establish a vision for a clean economy—with goals, metrics, and indicators to track and report progress. As an immediate next step, we recommend that Renton take the following actions: Establish a vision and set of desired outcomes and metrics to provide a citywide focus and drive innovation. Establish a framework to evaluate city policies, programs, and investments, considering the City’s clean economy vision and the triple bottom-line of economic, social, and environmental outcomes. Green TeamLeadership & GovernanceFindings & Recommendations DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 4 o f 7 3 1 1-2. Establish a Renton Green Team to shepherd the City’s clean energy goals and spur staff innovations. Sustainable approaches require coordination across lines of business and sectors. Governments and businesses alike have successfully used interdepartmental teams, training, and education to harness the creativity and motivation of employees. A Green Team can spur innovation, coordinate the development and implementation of new approaches and solutions, improve efficiencies, and provide accountability for results. A key purpose of this team would be to encourage and empower staff to make suggestions and share ideas that foster innovation and increase efficiencies. Ideally, the Green Team would create both a fun and competitive environment to seek input as well as reward new ideas and successes. 1-3. Showcase Renton’s leadership and success. Renton has already demonstrated outstanding green leadership. Now the City needs to share its story and stimulate others to take action as well. Sharing the City’s sustainability values, commitments, and activities—in both its marketing materials and its plans and policies, like the Comprehensive Plan and the Renton Business Plan—will help the broader community understand both what the City has accomplished as well as its goals and objectives. Telling this story will help to embed clean economy into the City’s brand and explain Renton’s values and benefits to potential new partners, residents, and businesses. Leadership & GovernanceFindings & RecommendationsDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 5 o f 7 3 1 1-4. Continue to collaborate on regional clean economy initiatives and develop key partnerships for Renton-specific actions. Renton should continue to work with regional groups such as the C-7 New Energy Partnership, King County Sustainable Cities, and Eastside Sustainable Business Alliance to share best practices and leverage outcomes, especially when pursuing federal funding. Renton also should establish new partnerships to implement Renton-specific actions. For example, Puget Sound Energy is interested in expanding community and business efficiency programs and Seattle City Light is expanding its Powerful Neighborhoods direct-install program to West Hill/Skyway. Another opportunity is Climate Solutions’ New Energy Cities program (see sidebar). Renton’s local employers will be important allies to engage in advancing clean economy goals. Potential partners and initiatives for advancing clean economy actions Climate Solutions works to accelerate practical and profitable solutions to global warming by galvanizing leadership, growing investment and bridging divides. Its New Energy Cities program is catalyzing pioneering communities to take charge of their energy future and drive investment toward a clean, renewable, super- efficient energy system that generates significant local economic development. To become a Pioneer City, a community must have the following: Bold, innovative political leaders Local utilities willing to collaborate Business community that sees the value of investing in clean energy An engaged citizenry that wants to embrace a clean energy future Built Green is an environmental building program of the Master Builders Association, developed in partnership with local agencies. This network of architects, builders, developers, subcontractors, suppliers, lenders, and real estate agents are working together to provide consumers easy-to-understand rating systems, which quantify environmentally friendly building practices for remodeling and new home construction. Leadership & GovernanceFindings & Recommendations DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 6 o f 7 3 1 Findings & Recommendations Renton’s businesses, institutions, and residents are critical to creating a thriving clean energy economy. Together, they fuel the local economy with jobs, products, services, and revenue—as well as add to the City’s footprint of resource use and pollution. RENTON TODAY Cascadia interviewed leading Renton businesses and institutions to learn about their perspectives and actions related to the clean economy and identify future partnership opportunities. Businesses and institutions interviewed included Aero-Plastics, Boeing, IKEA, PACCAR, the Renton Chamber of Commerce, the Renton School District, Renton Technical College, Valley Medical Center, Walmart, and Wizards of the Coast. These organizations represent a sample of the tremendous assets within the Renton community that appear eager to work with the City to advance a cleaner and more sustainable community. Interviews with these key employers indicate a strong interest in and commitment to being “green.” Several organizations are leading the way with cutting-edge sustainability actions, including clean fuel development at Boeing, green information technology solutions at Wizards of the Coast, energy efficiency training programs at Renton Technical Collage, and energy upgrades to equipment and buildings at most of the larger establishments (see highlights of Renton Business Leadership on page 33). Conversations with interviewees revealed the following findings: All organizations expressed a genuine appreciation for outreach from the City related to clean energy and sustainability. Uniformly, they were interested in additional dialogue on these topics. All interviewees responded positively to the contact initiated through this project and were eager to continue a broader community dialogue. Most organizations had a positive perception of the City, but many were unaware of Renton’s sustainability efforts. Green efforts are underway in Renton’s business community Energy and water efficiency.Most larger organizations have worked with PSE to implement energy efficiency measures targeting buildings, lighting, and equipment. Examples of innovative approaches to water-use efficiency and re-use include PACCAR, Renton School District, and Boeing. Water efficiency appears to be an area ripe for further improvements (e.g. low-flow sinks and toilets). Waste and materials use. With few exceptions, interviewees reported that they had established recycling programs at their workplaces. Interviewees highlighted composting and waste reduction as key opportunities. Companies such as Boeing and PACCAR are undertaking innovative waste prevention and reduction efforts and sharing these successes throughout the community could be valuable. Most organizations do not include sustainability factors in their procurement decisions, but Wizards of the Coast is one example of a firm examining the lifecycle and sustainability of its product lines. Business & Community EngagementDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 7 o f 7 3 1 Findings & Recommendations Most interviewees had a strong awareness of sustainability issues. However, larger organizations generally had more resources available to improve efficiencies and address broader initiatives and had a greater awareness of clean economy opportunities. The larger organizations all had instituted innovative sustainability projects, while smaller organizations were more constrained by short-term bottom-line financial considerations. Larger organizations also emphasized financial feasibility but had a longer time horizon to evaluate return on investment. Renewable energy Renewable energy appears to be the least developed area of the clean energy economy in Renton. Few examples existed of renewable energy investments, and interviewees had little awareness of information on the business case to support solar, wind, and other renewables at an institutional level. However, a few organizations were exploring small-scale wind generation. Interviewees are relying on Puget Sound Energy to make positive strides. Business & Community EngagementDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 8 o f 7 3 1 Findings & Recommendations Organizations with executive level commitment had the most ambitious initiatives. Having a staff champion helped, but organizations with CEO or other executive team commitment appeared more advanced. Most organizations expressed interest in a community or business roundtable to share best practices, coordinate and support broader outreach efforts, and help the City establish priorities. Support for a green recognition program was also strong. Business & Community Engagement Transportation & fleets Renton employers stressed transportation solutions as critical: the need for clean and efficient transportation to address congestion, bottlenecks, inefficiencies, and gaps in public transit service. Fleet fuel efficiency is one future opportunity. Only a few organizations (Valley Medical Center and Boeing) had made targeted investments in high-efficiency, hybrid, or zero emissions vehicles. Employers cited electric vehicles (EVs) as an exciting opportunity and expressed awareness of EV efforts in the region, due in part to the City outreach. A few were planning to install EV infrastructure in parking stalls. All interviewees wanted more information on the region’s EV Project. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 3 9 o f 7 3 1 RENTON BUSINESS LEADERSHIP INITIATIVESBusiness LeadershipBoeingis conducting research and testing on alternative bio-based jet fuels made from algae and other feedstock. Over the last three years, Boeing has reduced its waste by 30 percent. The company is now looking to reduce waste upstream from its suppliers, increase recycling, and compost to achieve a 75 percent recycling and reduction target by 2012. Boeing also has saved energy through its lighting management system and invested in cleaner vehicles. PACCAR offers a number of hybrid engines for its trucks. The company has installed rain sensors to decrease water use for irrigation in the summer and has implemented changes in chemicals to reduce rinse requirements. PACCAR recently incorporated non-heat cure paints, motion-control lighting in offices, and energy metering. The company has been composting and recycling extensively in the process of implementing a Zero Waste to Landfill program. Wizards of the Coast is leading a study on energy efficiency improvements in information technology. The company is assessing the lifecycle and sustainability of its products. Wizards recently decided to abolish all wire ties and is striving to integrate environmentally friendly and recyclable content in its product lines. Before moving into its current building, Wizards worked with its property manager to upgrade building energy efficiency. . IKEA gave every U.S. employee a bicycle as a holiday bonus in 2010 to encourage bike commuting, and the Renton store is considering measures to encourage alternative commutes based on a recent employee survey. The Renton IKEA invested in a lighting control system and upgraded 78% of its lighted area to energy-efficient lights. The Renton IKEA finished in the top five for environment and recovery in IKEA’s nationwide “Natural Step” process. The store’s recovery department achieves a 70 percent recovery rate GreenSource is a green leader in the clothing apparel industry, using sustainable fabrics certified to the Global Organic Textile Standard, which prohibits toxic chemicals during the processing phases. The company has worked with textile mills to build schools and healthcare clinics for workers and their families in Iran, Afghanistan, and Pakistan. Walmart has established three overarching sustainability goals: 1) utilizing 100 percent renewable energy, 2) creating zero waste, and 3) selling products that sustain people and resources. Between February 2008 and January 2009, U.S. Walmart stores diverted more than 57 percent of the waste generated by stores and facilities. Commitments to renewable energy and sustainable products are reflected in such actions as the addition of solar panels to store rooftops in the U.S. and the recent decision to source local produce. At the Renton Walmart, great strides have been made with the reuse of freight boxes and the recycling of all in-store lighting. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 0 o f 7 3 1 RENTON EDUCATIONAL AND INSTITUTIONAL LEADERSHIP INITIATIVESEducational LeadershipRenton School District is building an “alternative learning center” that will include water cisterns for toilet flushing and landscape watering, a public LED display with building performance metrics, and renewable energy sources such as photovoltaics and geothermal. The District recently received $2.4 million in state funds to pay for improved HVAC, water conservation measures, inefficient lighting, new boilers, and other building improvements. Renton Technical College is working on a regional community college collaborative, the Sound Energy Efficiency Development (SEED) Program, to develop training and certifications for energy efficiency and weatherization audits. The college has implemented energy upgrades throughout its campus, saving energy and allowing the college to monitor energy costs. The college is interested in offering hybrid vehicle training in its automotive classes but needs hybrid vehicle donations. Renton Technical College has the skills and interest to work with property managers on energy efficiency and could be a valuable partner with the City on commercial energy initiatives. Institutional LeadershipValley Medical Center has overhauled a central utility plant to be more energy efficient, including installing more efficient boilers and chillers. The medical center partnered with a local car dealer to help employees purchase hybrid vehicles, resulting in an estimated doubling of hybrid cars in the employee lot, and it plans to install 16 electric vehicle charging stations. Valley Medical Center has also made significant efforts to support local businesses, such as purchasing patient furniture manufactured in Kent. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 1 o f 7 3 1 Findings & Recommendations RECOMMENDATIONS The recommendations below focus on how the City can engage its businesses and residents to help Renton advance a clean economy agenda and support a thriving local business community. 2-1. Engage Renton’s leading employers in a dialogue on the clean economy and sustainability. Several organizations suggested that city staff visit companies to “get to know them.” One-on- one meetings with Renton’s major employers provide an opportunity for sharing the City’s accomplishments and goals and for establishing a dialogue with the business community. This outreach can help advance both clean energy efforts and broader economic development goals to retain and support a thriving business base. 2-2. Organize and facilitate roundtables with Renton’s business leaders. Interviews with Renton employers indicate a strong interest in learning from and sharing success with others. Many business leaders responded positively to the idea of a roundtable or similar forum. Seattle has been successful in engaging its business leaders in climate protection goals through the Seattle Climate Partnership. Similarly, Puget Sound Energy is working closely with Eastside business and government leaders to provide a similar forum on clean energy and sustainability. The City should either actively promote the Eastside group to Renton leaders or partner with local leaders to establish a Renton-specific business group focused on clean economy and sustainability topics. Business & Community EngagementDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 2 o f 7 3 1 Findings & Recommendations 2-3. Develop a green guide for Renton’s business leaders. The City should consider developing a simple resource guide in both hard copy and online to support local business actions on resource efficiency, alternative transportation, and greenhouse gas reductions. Partnerships with relevant City departments, Puget Sound Energy (PSE), and King County’s Commute Trip Reduction programs could provide resources and support. PSE in particular is interested in how to work with local governments and smaller businesses to achieve energy efficiency goals. 2-4. Support the business community in facilitating local and regional transportation solutions. Interviews with Renton employers highlight widespread interest in moving forward with community transportation solutions. Congestion, bottlenecks, and limited access to public and alternative transportation hinder business success and employee satisfaction. The transportation issue arose in every business interview. We recommend that the City quickly develop a strategy to engage the business community around transportation with the twin goals of implementing tools to address immediate problems as well as forming a durable partnership to advocate for longer-term solutions through policies and infrastructure investments. Business & Community Engagement Tools for engaging and supporting the business community As part of its business retention strategy, Seattle’s Office of Economic Development established a 2011 goal to visit 700 medium-sized businesses in Seattle. Working in partnership with a number of community organizations, the City meets one-on-one with major employers to learn about needs and identify opportunities to help these businesses to expand and grow. Seattle Climate Partnership is a voluntary pact among Seattle-area employers to take action to reduce their own emissions, and to work together to help meet the community-wide goal. Members make greenhouse gas reduction commitments and benefit from a suite of tools, services, recognition, and networking opportunities. The Eastside Sustainable Business Alliance is a fusion of regional businesses, local governments, and utilities dedicated to advancing sustainable operations and positive community impacts. The partnership provides a plethora of benefits to its members, including technical tools, idea-sharing, marketing opportunities, events, roundtables, expert advice, and best practices. Northwest Energy Angels can help connect clean technology entrepreneurs with experienced clean tech investors. Northwest Energy Angels can help connect clean technology entrepreneurs to experienced clean tech investors. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 3 o f 7 3 1 Findings & RecommendationsBusiness & Community Engagement 2-5. Consider developing a green recognition program for Renton’s community leaders. Similar to Kirkland’s Green Business Program and Seattle’s Resource Venture program, Renton could recognize local employers for their environmentally friendly practices. Such a program could take many forms including building on Renton’s Shop Renton, Buy Ahead of the Curve campaign, leveraging the C-7 New Energy Partnership, or aligning with broader countywide efforts such as King County’s Sustainable Cities, EnviroStars, and Master Builders programs. One ripe opportunity is for Renton to engage its business community in a new initiative involving ICLEI, the Eastside Sustainable Business Alliance, and Seattle Climate Partnership to spur an East-West Green Business Challenge to reduce emissions and increase efficiencies. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 4 o f 7 3 1 Findings & Recommendations Local efforts to attract and support greener businesses The City of Kent is capitalizing on its niche as a carpet distribution center to serve as a national carpet “hub” and attract new carpet recycling industries and clean economy jobs. King County Solid Waste Division’s LinkUp Program has been working closely with Seattle Public Utilities to expand local carpet recycling and divert this material from landfills. Now, through a partnership with the Washington State Department of Commerce and the Kent Office of Economic Development, the collaboration is helping to identify appropriate sites in Kent for national companies looking to establish facilities to process used carpet for recycling. In Auburn, officials and staff have been working to establishing public- private partnerships to attract and incubate clean tech businesses to Auburn’s Environmental Park District (EPD). One biotech firm is located in the EPD and a group of nanotech scientists is moving into the EPD. Auburn’s future plans include establishing a “green” incubator building in the EPD. Kirkland’s Green Business Program is an incentive program created in partnership between the City of Kirkland, the Kirkland Chamber of Commerce, and Puget Sound Energy to recognize licensed Kirkland- based businesses for their environmentally-friendly practices across 7 lines of business: Green building, waste reduction and recycling, water conservation, energy efficiency, transportation, pollution prevention, and green power. Business & Community Engagement 2-6. Continue to develop and market tools and incentives to attract new businesses—particularly clean technology companies. Renton already offers key benefits and services to businesses considering locating in the city. Renton businesses can benefit from low taxes, affordability, access to key transportation corridors, streamlined permitting, and personalized assistance by competent city staff. Accordingly, Renton is well-positioned to effectively to capture clean economy jobs and industries. With the region’s focus on clean technology, Renton can identify its own local assets and strengths to spur development of its own clean economy. Clean tech industries continue to grow and offer community benefits such as living wage jobs, reduced waste and pollution, and new technology innovations. As indicated in the sidebar, a number of local governments are putting partnerships in place to attract and support local businesses and industry clusters. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 5 o f 7 3 1 Findings & Recommendations 2-7. Spur local green jobs. Connecting working families to the clean economy creates good jobs, restores communities, and improves our environment. Renton is fortunate to have a world-class employer base, Renton Technical College, and other local institutions working to ensure that residents have access to training and skill- building and employers have access to a capable local workforce. The City should provide leadership for delivering tangible green economy benefits to workers and employers in Renton. In addition, City-led efforts to create demand energy efficiency services will spur real opportunities for graduates of Renton Technical College’s energy training programs. ICLEI, Green for All, and several regional partnerships are key resources for the City as it engages in these efforts. 2-8. Provide green resources for residents on Renton’s website. To establish Renton’s leadership and facilitate community action, the City could provide information on actions community members can take to support a clean energy economy. Currently, Renton’s Neighborhood Program provides a connection between the City and its residents. Renton should use this program or a similar structure to help residents identify clean energy strategies for their homes or small businesses, understand their concerns in implementing these strategies, and provide feedback on government programs. Business & Community EngagementDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 6 o f 7 3 1 Findings & Recommendations 2-9. Facilitate a community dialogue around a broader “Clean Economy Agenda” for Renton. As the City defines its clean economy goals, it will be helpful to facilitate a broader conversation about the community’s vision, goals, and actions related to the clean economy, sustainability, and “green” initiatives. For example, other local initiatives include the City of Shoreline’s forevergreen initiative, Issaquah’s Sustainable City Indicators, and Edmonds’ partnership with Climate Solutions to build a clean energy community. Each of these efforts involved broad community engagement to define goals and develop a framework to achieve outcomes. For example, as part of Climate Solutions’ New Energy Cities, over 60 Edmonds community leaders, including the Mayor, the City Council President, the General Manager of Snohomish PUD, and other business leaders and citizens recently convened to explore how the City can reduce its greenhouse gas emissions levels to 25 percent below 1995 levels by 2035. Participants are helping to creating a roadmap that charts implementation steps for Edmond’s new energy future. Business & Community EngagementDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 7 o f 7 3 1 Findings & Recommendations Resource efficiency—covering energy, water, and materials—can be a cost-effective way to advance a clean economy and a more sustainable community. Using resources wisely and selecting environmentally preferably products conserves natural resources, protects human and ecosystem health, reduces greenhouse gas emissions, and saves money. Generating renewable energy—from the sun, wind, water, earth, and waste materials—also saves resources, reduces emissions and waste, and supports community resilience and autonomy. This chapter first addresses the City’s procurement policies and procedures, which affect resource use throughout its operations. It then offers resource efficiency findings specific to energy, water, materials, and waste, followed by recommendations. RENTON TODAY Procurement Renton’s current procurement policies are decentralized and do not include specifications for green products or environmentally preferable purchasing (EPP). Interviewed staff members mentioned the value of a long lifespan for products (durability), and some staff referred to a prevailing opinion that recycled products have shorter life spans. Interviewees shared several examples of environmentally preferable procurement efforts including the following efforts: The municipal golf course uses driving range mats made from recycled tires, and its restaurant offers local food. Contractors on Renton’s road construction jobs recycled asphalt and concrete. The print shop recently started purchasing recycled content paper. Cooperative Solar Energy in Edmonds The City of Edmonds recently established a cooperative solar power program. This cooperative is leasing space on the rooftop of the Parks and Recreation Department to install solar panels. This installation should provide a significant share of the department’s electricity and save more than $30,000 over the next two decades. Investors in the co-op include local residents and businesses, which buy shares managed by a local business called Tangerine Power. Key steps in this process included the City Council’s endorsement of using city-owned rooftops to capture solar electricity, state incentives for participants in community solar projects, and the efforts of a community group, Sustainable Edmonds. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 8 o f 7 3 1 Findings & Recommendations Energy efficiency, renewable energy & water efficiency The City has taken significant steps to improve building and facility efficiencies, but additional opportunities remain. Staff members are exploring relationships with energy service companies (ESCOs) to undertake additional building efficiency projects. The greenhouse gas inventory shows that commercial and residential energy use per person in Renton is higher than in several local comparison cities, suggesting opportunities for significant savings. Renton has leveraged federal funding and utility rebates to implement energy efficiency measures, including the following efforts: Renton updated the heating and cooling system at the former City Hall (200 Mill Building), increasing its Energy Star Score from 18 to 66 and saving the City $50,000 annually. PSE’s Building Energy Optimization Program, along with other utility programs and rebates, helped fund the new HVAC system as well as lighting and plumbing motor upgrades. The City is using federal funding to upgrade more than half of Renton’s 121 signalized intersections to more efficient LED lighting. Information technology staff are increasing energy efficiency. Examples include buying more efficient Energy Star equipment, setting computers to save energy (sleep) when not in use, using duplex printing, and investing in server virtualization and a more efficient phone system. Renton is providing residents with Home Energy Reports that highlight energy use compared to their neighbors. These reports—provided in partnership with C-7 cities, Puget Sound Energy, and OPOWER— have been shown to yield energy savings elsewhere. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 4 9 o f 7 3 1 Findings & Recommendations The City is working with King County to conduct heat transfer and energy recovery from sewage.In the private sector, Boeing currently uses secondary effluent from King County’s Renton Wastewater Treatment Plan to heat a building. The county treatment plant also participated in a demonstration project to recover energy from methane gas. Renton is actively promoting water conservation and habitat protection efforts, as a member of the Partnership for Water Conservation. The City helps residents reduce water consumption by identifying leaks and changing landscaping materials and practices. The award-winning municipal golf course uses recycled water to clean golf balls and is considering using reclaimed water to irrigate the course. Materials, waste, and recycling Renton is undertaking waste reduction and recycling efforts in both its operations and its community programs and services, including the following examples: With an impressive single-family residential recycling rate of 70 percent,Renton is a regional leader in actions and policies to reduce waste, recycle, and compost. Renton collects residential food waste weekly and offers recycling to all sectors, which enabled the City to decrease garbage collection to every other week. The City’s contracted hauler, Waste Management, is switching to cleaner compressed natural gas-fueled vehicles, and all collection vehicles are using a biodiesel blend. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 0 o f 7 3 1 Findings & Recommendations The City supports annual events to facilitate reuse of materials, including building supplies, electronics, sporting goods, and furniture. Renton Parks uses green clippings as mulch and redistributes aeration cores at the golf course. The new Tiffany Park facility was constructed using recycled materials, including wood from the previous building and recycled concrete. The Public Works department reuses backfill from rebuilding lift stations and installing pipes. Road sweepers reuse sand from the road and use leaves collected to produce compost for city projects or area landscapers. With far lower recycling rates for the multifamily and commercial waste streams, many opportunities remain to reduce waste and divert materials from the landfill. The commercial sector is particularly ripe for improvement. Cascadia conducted additional analysis to identify key commercial recycling opportunities and found that the food service industry presents one of the biggest diversion opportunity. Other potential sectors include business services, medical/health, and other professional and general service sectors. Specific recommendations for diverting commercial waste appear in Recommendation 3-4. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 1 o f 7 3 1 Findings & Recommendations RECOMMENDATIONS 3-1. Streamline procurement and incorporate environmental guidelines into purchasing policies and contracts. As a facility manager and consumer, the City has a tremendous opportunity to create local demand for greener, more energy-efficient products. Some criteria or categories to consider when developing a green purchasing strategy include: Energy –embodied and end-use energy Hazardous Substances –the production and use of toxic substances in both indoor and outdoor environments and disposal Air Quality –indoor and outdoor air quality impacts from production, transport, and use. Water –consumption and pollution of water End-of-Life Management –design for recyclability, remanufacture, and disposal issues Social Responsibility –corporate social responsibility considerations throughout a product’s lifecycle, including labor rights, human rights, and community involvement 3-2. Establish energy performance standards and reporting for city buildings and pursue additional energy efficiency opportunities. Renton can lead by example by establishing incentives or mandates to require high- performing public buildings as well as energy performance disclosure using free energy management tools such as Energy Star’s Portfolio Manager. The state energy code requires that nonresidential buildings greater than 50,000 square feet (SF) disclose energy performance and the threshold will decrease to 10,000 SF in 2012. Establishing city standards now to measure, track, and reduce energy use Example Procurement Policies Pierce County Environmental Purchasing Policy www.co.pierce.wa.us/xml/abtus/ourorg/ bnf/environmental%20purchasing%20pol icy.pdf King County Procurement–Sustainable Purchasing www.kingcounty.gov/operations/procure ment/Services/Environmental_Purchasin g/Products.aspx City of Seattle–Sustainable Purchasing Resources www.cityofseattle.net/environment/purc hasing.htm StopWaste.Org–EPP Model Policy www.stopwaste.org/home/index.asp?pa ge=439 Certifications and Standards EPA WasteWise certification www.epa.gov/epawaste/partnerships/wa stewise/about.html Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 2 o f 7 3 1 Findings & Recommendations will prepare Renton and the broader community for these requirements as they come on line. Additional energy efficiency opportunities for the City to pursue include following: Partner with PSE or an energy service company (ESCO) to identify cost-effective retrofit opportunities in targeted buildings, including lighting upgrades. The greenhouse gas inventory highlights the Henry Moses Aquatic Center, Cedar Trail Park Restroom, Phillip Arnold Park Restroom, and Liberty Park Community Building as opportunities for energy efficiency upgrades. Due to generous rebates, lighting upgrades tend to be the most cost-effective investment. Rebates may end this year for replacing T12 fluorescent tubes with more efficient T8 lamps, so the time is ripe to work with PSE to upgrade these fixtures now. Pursue continued improvements in green computing and information technology (IT). Green IT solutions is a key business topic. As the City implements its own efforts, they should reach out to Wizards of the Coast to benefit from its work and share this information with the broader community. This could be a featured topic of a business roundtable (see Recommendation 2-2). Implement additional energy-saving measures in traffic and street lighting. Renton is upgrading nearly half of its traffic signals to efficient LED lighting, and additional investments could yield further savings. The City of Portland’s traffic signal upgrade investments paid for themselves in less than three years. Renton should further evaluate public lighting levels, new street light technologies, and public safety needs to assess energy-saving opportunities associated with street lighting levels, which currently go beyond federal safety requirements. Consider opportunities for district energy approaches in planning new infrastructure. In developing large parcels (such as Boeing’s excess capacity), opportunities may exist to gain efficiencies through district heating and cooling. The City may be able to promote or facilitate such efforts. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 3 o f 7 3 1 Findings & Recommendations 3-3. Team with PSE and other partners to implement weatherization and energy efficiency efforts throughout the Renton community. Renton could build off current efforts to work with PSE on the Home Energy Audit Program and launch more comprehensive energy efficiency services to Renton’s residents and businesses. A number of new community energy pilots are underway in our region and could inform such an effort (see following page). Examples include direct-install of energy saving devices, subsidized home and business energy audits, and affordable loans to finance energy upgrades. Implementing such efforts in Renton could bring additional energy savings and support local demand for the graduates of Renton Technical College’s energy efficiency programs. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 4 o f 7 3 1 A SELECTION OF REGIONAL COMMUNITY ENERGY PROGRAMSPowerful Neighborhoods is a Seattle City Light program to install energy efficiency measures through door-to-door outreach, targeting seniors, non-English speaking households, low-income residents, and other customers who might not have participated in energy conservation programs. First piloted in Seattle, Powerful Neighborhoods now moving south to additional Seattle City Light communities. The Community Energy Challenge is a one-stop shop for achieving energy efficiency from start to finish in Bellingham Whatcom County. Coordinated by a partnership involving non- profits, utilities, local governments, and lenders, the program offers residents and businesses energy assessments, assistance with utility and tax rebates, accessible financing opportunities and top quality contractors with 100 percent quality control. SustainableWorks is a community-based non-profit that provides reduced cost energy audits and retrofits in various communities. The program uses utility incentives and stimulus funds to provide customers with greatly reduced cost audits and home energy efficiency improvements and low-interest financing is available. RePower Bainbridge is a three- year community wide energy efficiency campaign designed to help Island homeowners and businesses reduce energy-and costs-through energy efficiency to become more energy independent and sustainable. Thurston Energy strives to be a pathway to savings by identifying energy efficiency opportunities, prioritizing them in order of effectiveness, recommending local contractors, and helping line up rebates, tax incentives, discounts and financing to pay for improvements. Thurston Energy is a federally-funded program of the nonprofit groups Thurston Climate Action Team and Thurston Economic Development Council. Community Power Works is a neighborhood- based program that helps central and southeast Seattle residents make energy- efficient improvements to their homes. Fair, affordable loans and a variety of utility and government rebates are available to qualifying homeowners. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 5 o f 7 3 1 Findings & Recommendations 3-4. Incorporate renewable energy generation into City projects and foster private-sector investments. Consider distributed generation opportunities, where practical, such as rooftop systems for solar photovoltaic, solar thermal (hot water), and wind generation. Facilitate private-sector and institutional investments in renewable energy generation, such as through incentives, supportive codes, and expedited permitting. 3-5. Advance waste prevention and diversion of materials in the City’s own operations, with haulers, and through targeted efforts in specific sectors. Key opportunities to improve recycling rates and save money include the following: Conduct a City “paper cut” challenge to reduce paper use and save money, resources, and emissions. The City uses an estimated 2 million sheets of paper annually (see breakdown by department in sidebar). A fun interdepartmental contest could help motivate employee action to reduce paper use. Resource Efficiency & Renewable Energy Copier Paper Use by Department Total: 2 million sheets Legislative 1% Executive 21% Community Services 14% CED 10% FIS 12% Fire 7% Human Resources 8% Public Works 13% Police 14% Copier Paper Use By Department Total: ~2 million sheets DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 6 o f 7 3 1 Findings & Recommendations Measure and track waste generated at City facilities and look for new organics recycling opportunities at Renton facilities and special events. Waste generation data from City facilities were not collected as part of the greenhouse gas inventory because the City does not have this data. Renton should explore ways to monitor solid waste generation at its own City facilities for future inventories and tracking. In addition, the City should build on the successful residential organics recycling program and look to implement composting programs at City facilities as well as public venues such as the Farmer’s Market and Renton River Days. Provide outreach and assistance to targeted sectors to increase commercial recycling rates. Based on estimates of commercial disposal2, the five sectors with the highest potential for solid waste diversion collectively account for nearly half (44%) of the total tons disposed from all of Renton’s businesses (Food Service-Sit Down, Medical Health Services, Other Professional, Business Services, and Other Miscellaneous Services). Estimated diversion potential of these five sectors sums to 6,986 tons, representing 61 percent of these sectors’ solid waste and 27 percent of all waste from Renton’s businesses (see sidebar). Renton could target the largest businesses in these “low-hanging fruit” sectors to maximize diversion. Resource Efficiency & Renewable Energy 2 Calculations and results for Renton’s commercial waste were developed using King County’s Waste Generation model. 0 500 1,000 1,500 2,000 2,500 3,000 Food Service -Sit Down Restaurants Services - Business Services Services - Medical / Health Services - Other Misc Services - Other Professional T o n s D i s p o s e d Industry/Sector Sectors with Highest Diversion Potential Sum of Other Materials Sum of Compostables Sum of Other Recyclables Sum of Recyclable Paper 0 500 1,000 1,500 2,000 2,500 3,000 Food Service -Sit Down Restaurants Services - Business Services Services - Medical / Health Services - Other Misc Services - Other Professional T o n s D i s p o s e d Industry/Sector Sectors with Highest Diversion Potential Sum of Other Materials Sum of Compostables Sum of Other Recyclables Sum of Recyclable Paper 0 500 1,000 1,500 2,000 2,500 3,000 Food Service -Sit Down Restaurants Services - Business Services Services - Medical / Health Services - Other Misc Services - Other Professional T o n s D i s p o s e d Industry/Sector Sectors with Highest Diversion Potential Sum of Other Materials Sum of Compostables Sum of Other Recyclables Sum of Recyclable Paper Sectors with the Highest Waste Diversion Potential DRAFT T 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 7 o f 7 3 1 Recyclable Paper 10%Other Recyclables 7% Compostables 66% Other Materials 17% Renton Food Service, Sit-Down Restaurants Disposed Waste Composition and Divertability Findings & Recommendations Such a program could increase source-separated commercial diversion, which produces the cleanest and most valuable materials for end-use processing. Work with haulers and composting facilities to identify composting opportunities for Renton food establishments. Renton’s 250+food establishments are among Renton’s five most waste producing sectors, with 2,309 tons of solid waste disposed annually. Much of this sector’s solid waste could be diverted: the food establishment sector holds the highest diversion potential in Renton, both in absolute tons and by percent of sector’s total disposed waste. Of the 2,309 tons of solid waste disposed annually by Renton’s food establishments, 1,919 tons, or 83%, of disposed solid waste could be recycled (391 tons) or composted (1,527 tons). Renton should explore opportunities to implement a commercial food scrap and organics collection and processing program for this sector. Resource Efficiency & Renewable Energy Renton Food Services, Sit-Down Restaurants Disposed Waste Composition and Divertability DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 8 o f 7 3 1 Findings & Recommendations Weigh the benefits and challenges associated with an expanded polystyrene (EPS) foam ban and food packaging ordinance requiring recyclable or compostable replacements. Several local jurisdictions such as Seattle and Issaquah have recently implemented such bans to reduce litter and protect water quality. EPS Ban: Recommended Steps If Renton considers banning expanded polystyrene (EPS) foam used for food packaging, the City can learn from recent experiences in Seattle and Issaquah. Recommended steps for assessing the benefits and costs of a foam ban include the following efforts: Assess available budget for implementation, education, enforcement, and administration. Unlike a tax or fee, a ban on single-use foam food- service packaging will not generate revenue for the City, and resources are needed for outreach, implementation, and enforcement. Gauge public support. Community interest may influence the City’s desire to pursue a foam ban. Public support could be measured through a basic online survey or public meetings. Build business community support.Renton has about 260 sit-down and quick-serve restaurants, approximately 8 percent of all the City’s businesses. Foam bans tend to increase packaging costs for businesses, with alternatives being more expensive. Education on the ordinance should highlight potential cost savings on waste disposal by reducing waste. The City could also consider providing financial incentives and assistance to affected businesses, such as free indoor compost and recycling collection containers and bags; discounts on waste, compost, and recycling services; customer education materials; and access to a purchasing cooperative. Mandate compostable or recyclable alternatives and collection along with a foam ban. To increase waste diversion, legislation around a foam ban should include a directive to use recyclable or compostable alternatives and to provide for collection of these materials in all restaurants. Resource Efficiency & Renewable EnergyDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 5 9 o f 7 3 1 Findings & Recommendations Land use and development patterns drive energy use and greenhouse gas emissions. Compact development with access to services and amenities, walkable and bikeable neighborhoods, greener infrastructure, and natural systems promotes public health, greater efficiency, thriving communities, and less waste and pollution. Infrastructure requirements, building operations, and transportation needs associated with low-density development patterns result in roughly 2.5 times the annual greenhouse gas emissions and double the energy use per person compared to higher-density development patterns.3 Low- density development also costs more for families and households with significant monthly income going towards transportation costs. RENTON TODAY With Renton’s location near key regional transportation routes, residents and business benefit from easy access to major state highways and interstate freeways. At the same time, drivers often face slowdowns and choke points that hinder mobility and increase commute times. Just under half of Renton’s greenhouse gas emissions come from vehicle miles traveled in the city (by residents and others). Through low and zero tailpipe emission vehicles, green fleet maintenance, commute trip reduction strategies, and a coordinated multimodal transportation system, Renton can reduce its carbon footprint, improve local air quality, and offer employees and employers more predictable and pleasant commutes. Sustainable Development in Renton’s 2009 Comprehensive Plan Relevant goals and strategies include: Provide for a mix of land uses, housing types, and densities (Policy CP-8). Emphasize the use of low impact development and stormwater management techniques (Policy EN- 10). Acquire sensitive lands such as wetlands and floodplains for conversion to parks and greenbelts (Policy EN-11). Carefully manage land uses in areas subject to geologic hazards. Preserve and enhance existing vegetation and tree canopy coverage (Policy EN-18). Promote air quality through reduction in emissions from industry, traffic, commercial, and residential uses (Policy EN-22). Establish canopy cover goals and promote urban forestry programs in order to maintain healthy atmospheric conditions (Policy EN-23). 3 “Comparing High and Low Residential Density,” Journal of Urban Planning and Development (March 2006). Mobility, Land Use & DevelopmentDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 0 o f 7 3 1 Findings & Recommendations Mobility & Transportation Renton’s fleet Through the Evergreen Fleets Advisory Committee, Renton has supported the development of regional certification standards to improve fleet efficiency and use alternative fuels. As part of the Clean Cities grant and the EV Project, the City will install 15 electric vehicle (EV) charging stations at the Landing and City Center garage, the Renton Community Center, City Hall and city fleet maintenance shops to help spur public and private use of electric vehicles. In its own fleet operations, the City has been increasing fuel efficiency through vehicle replacements. For example, the Public Works department recently purchased a hybrid truck and is purchasing two additional hybrid vehicles. The municipal greenhouse gas inventory showed that the City’s fleet contributed 18 percent of Renton’s municipal greenhouse gas emissions in 2009, with police patrol representing the single largest share. City employee commuting Renton’s 2009 Commute Trip Reduction Survey showed that 83 percent of the City’s 375 employees drive alone to work, with the average one-way commute distance approaching 12 miles. Approximately 20 percent of City employees indicated interest in the opportunity to work at home (telework) rather than commute. The City has taken steps to promote more efficient commuting to and from work, winning awards for its commute trip reduction program and recognition on the U.S. Environmental Protection Agency’s “Best Workplaces for Commuters” list (2006). To reduce drive-alone commutes, Renton provides free FlexPasses to some employees, which cover unlimited rides on Sounder commuter rail, King County Metro Transit, Pierce Transit, and Sound Transit buses and subsidize King County Metro VanPool and VanShare fares. Alternatives to commuting In the Washington State Commute Trip Reduction survey, Renton employees indicated preferences for: 20%--work at home (telework). 11%--a financial incentive (allowance/subsidy). 10%--an immediate ride home in case of emergency. 9%--transportation during lunch or breaks for personal errands. 9%--more frequent bus service at the worksite. Renton Employee Commuting Mobility, Land Use & Development Drive alone Carpool Bus Train Motorcycle Bike/Walk Telework Drive alone Carpool Bus Train Motorcycle Bike/Walk Telework DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 1 o f 7 3 1 Findings & Recommendations Multimodal transportation Renton’s public transportation options include regional and local bus service, commuter train, and Amtrak service, connecting Renton to Seattle, Bellevue, South King County, and beyond. The Renton Urban Shuttle (RUSH) transports commuters from downtown Renton to major employment sites, though cuts in funding have reduced frequency. In 1996, Renton became the first city in King County to participate in Metro’s suburban, hub-based transit system. A downtown transit center completed in 2001 provides a central hub for bus activity, with an associated park-and-ride lot and apartment and condominium complexes. This transit-oriented development hub is supported by local shopping and is the future destination of a new library. As part of the STEP AWAY from the car program, the Renton is working with King County Metro and the Cities of Kent, Renton, and Tukwila to offer area employers five economical ways to help employees get out of their cars and into healthier, cheaper and greener commuting options (see sidebar). In 2010, the Cascade Bicycle Club ranked Renton second highest in the region for “bikeability,” outscoring Everett, Tacoma, Bellevue, Auburn, Kent, Federal Way, and Shoreline. Major bicycle facilities include the Cedar River Trail and Lake Washington Boulevard and Renton recently adopted a Trails and Bicycle Master Plan (2009) which provides recommendations for addressing such issues as limited crossing points of the Cedar River, I-405, and Sunset Boulevard/SR-900 as well as the lack of connections between downtown and adjacent neighborhoods. The City is working to enhance the overall safety of its bike trails, through centerline stripes and education and outreach on trail etiquette. Renton’s bicycle parking ordinance mandates that residential developments with more than five units include parking spaces for bikes. STEP AWAY from the car Five economical options for Renton employers to help their employees get out of their cars: 1.Create a transit-friendly workplace with a 50% rebate on annual transit passes 2.Create a walk-friendly workplace with free consultation and services from Feet First 3.Create a bike-friendly workplace with free consultation and services from Cascade Bicycle Club 4.Appoint an employee ambassador who can provide commute assistance in a language other than English and receive free commute training 5.Learn about affordable telework solutions and new opportunities it could provide to your business Mobility, Land Use & DevelopmentDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 2 o f 7 3 1 Findings & Recommendations Land Use, Development & Stormwater Stormwater management Renton adopted a modified version of the King County Surface Water Manual, which provides guidance on using low impact development (LID) rather than conventional stormwater management. The City has made various related code revisions, including allowing LID techniques where feasible, setting impervious coverage limits in all zones, reducing residential street widths, and requiring street trees and vegetation. Several private developments in Renton have applied LID techniques. The City is moving forward on two proposals to incorporate LID into public developments at King County Libraries and in the Sunset area of the Highlands. The City’s Complete Streets ordinance includes wide (usually 8-foot) vegetated strips in the right-of-way for newly constructed roads as well as for retrofitted roads. These planting strips provide sufficient space to allow bioswales and rain gardens and significant tree growth for larger species. Renton currently has an interdepartmental team examining different LID options appropriate for use in rights-of- way. Green infrastructure Renton’s municipal golf course has earned recognition for its sustainable land management practices. The golf course received the Audubon Cooperative Sanctuary Certification at the Gold Level, recognizing its chemical use reduction, wildlife and habitat management, water use efficiency, and sustainable management practices. Renton is taking steps to manage its tree resources and recently valued its public property trees at more than $22 million, in terms of replacement and real estate values, according to its canopy cover assessment. In 2009, the City Council approved the Urban Community Forestry Development Plan to guide Renton’s urban forestry efforts over the next decade. Renton implements a 30% tree retention policy for single- family development, and tree cutting requires permits and replacement trees. Renton was designated a Tree City USA Community in 2009 and it has a city forester on staff. Mobility, Land Use & DevelopmentDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 3 o f 7 3 1 Findings & Recommendations Renton uses Integrated Pest Management (IPM) approaches in parks and is in the process of creating an integrated plan for the future of parks, recreation, open spaces, and natural resources. Waste Management supports quarterly neighborhood workshops on natural yard care, where participants can learn about soil health, pesticide use reduction, and worm bins. Compact, smart growth Through King County’s Growth Management Planning Council, Renton works collaboratively with other jurisdictions to plan for economic and population growth. The GMPC has developed and adopted Countywide Planning Policies, which serve as a framework for each jurisdiction to develop its own comprehensive plan. Renton has received financing and community direction to implement smart growth land use policies in selected areas. The Sunset Area Community Investment Strategy—developed with the Renton Housing Authority, the Renton School District, and the community—includes such strategies as use of underutilized land, redevelopment of existing public housing, upgrade of public infrastructure, improvement of pedestrian linkages, and enhancement of community services and amenities. Renton’s housing growth targets are significantly higher than any of the “core cities” in the Puget Sound region. The City is creating a new community plan for the City Center and central Renton neighborhoods to provide guidance for the area’s future development with a focus on enhancing public realms with green space and trees and improving multi-modal transportation options into and within the area. Mobility, Land Use & DevelopmentDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 4 o f 7 3 1 Findings & Recommendations RECOMMENDATIONS Prioritizing fuel-efficient, low-emission vehicles and making investments in a transportation/land use system that supports electric and alternative fuel vehicles, high occupancy vehicles, public transit, bicycling, and walking will help Renton achieve its mobility, transportation, and quality-of-life objectives. These efforts will also reduce greenhouse gas emissions, promote public health, and minimize waste and pollution. 4-1. Renton should continue to promote clean vehicle incentives and programs. Clean vehicles are one important element of transportation solutions, specifically in reducing air pollution and greenhouse gas emissions and reducing dependence on petroleum. Most Renton employers interviewed as part of this strategy indicated serious interest in learning more about electric vehicles for their fleets and employees. Renton should continue to upgrade its own fleets and engage the community on new opportunities to adopt EVs and other high-mileage and alternative-fuel vehicles. Prioritize fuel-efficient and low-emission vehicles when upgrading Renton’s fleet. The City’s fleet fuel economy currently averages only 14 miles per gallon, far below the state’s 2015 standard of 36 mpg. Renton should carefully consider fuel efficiency when replacing older vehicles and target high- emission, high-use vehicles for upgrades. Mobility, Land Use & Development 0 10 20 30 40 50 60 0 10 20 30 40 50 60 A v e r a g e F u e l E f f i c i e n c y ( m p g ) A v e r a g e F u e l E f f i c i e n c y ( m p g ) Vehicles Utility Vehicle (n=90)Light Duty Passenger (n=53)Gas/Electric Hybrid (n=17) WA Fuel Economy Standard for SUVs = 27 mpg WA Fuel Economy Standard for light duty passenger vehicles = 40 mpg Fuel Efficiency of Renton Fleet DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 5 o f 7 3 1 Findings & Recommendations 4-2. Work with King County Metro, Sound Transit, and local businesses to reduce single- occupancy vehicle (SOV) commute trips. SOVs represent a major share of Renton’s employee commute trips. Interviews with Renton employers indicate that addressing commute trip reduction and congestion are top business priorities. The City should work with transit agencies and employers to provide the right mix of incentives and tools to reduce SOV trips in Renton. Redmond’s R-TRIP program (see sidebar) offers an innovative model for designing transportation incentives to spur behavior change and support local businesses. Engage Renton’s leaders and transportation advocates in a Keeping Renton Moving dialog about how to leverage transit and other transportation investments for Renton. Interviews with Renton’s employers highlighted transportation as a leading business issue. IKEA management described Renton’s transit system as the “biggest limiting factor” in attaining sustainability and employee satisfaction, and numerous other interviewees underscored the need for additional public transit opportunities for their employees. 4-3. Foster smart growth and compact, walkable communities through policies, plans, and incentives. To support attractive, walkable centers and non- vehicular connections between neighborhoods and shopping districts, Renton should create and maintain public amenities as resources allow and leverage private resources to create additional benefits. Elements of the City Center and Sunset Area plans such as common spaces, district level stormwater and green connections, and “third place” opportunities should be applied in Renton’s secondary mixed-use growth centers and corridors. Improve the pedestrian realm and linkages to goods and services.Recognize all users of the public right of way, and improve non-vehicular travel options and safety between primarily residential areas and shopping. Provide the choice of starting a car or leaving it home. R-TRIP, the Redmond Trip Resource & Incentive Program offers commute calendaring, ridematching, incentives, and tracking. Users receive instant, dynamic feedback on key metrics (vehicle trips reduced, gallons of gas saved, CO2 reduced) to make them aware of their progress toward personal, individual, employer, citywide and regional goals. R-TRIP encourages local economic development by providing behavior reward certificates to local businesses. https://www.gortrip.com Hybrid Police Vehicles The police fleet of the City of Mountlake Terrace currently includes hybrid vehicles. Other cities around the country have also purchased hybrid vehicles for police use, including cities in New York, Hawaii, North Carolina, New Jersey, Utah, Texas, and California. The City of Mercer Island estimates that replacing two Crown Victoria models with hybrid Toyota Highlanders will save $4,000 a year and reduce emissions by 13 mtCO2e annually. www.ci.mountlake- terrace.wa.us/.../090320_GreenFleet4H ybridsInService.pdf www.mercergov.org/files/05%20Sustai nability.pdf Mobility, Land Use & DevelopmentDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 6 o f 7 3 1 Findings & Recommendations Promote the transition of strip-malls to main streets in neighborhood centers. Suburban style, car dependent development is prevalent in commercial areas outside of Renton’s City Center. Building off the Sunset Area example along NE Sunset Boulevard, key nodes along corridors should be designed with main street amenities in mind to create inviting, vibrant public spaces as well as distinct identities for these centers. Invest in and encourage green infrastructure in the public and private realms.Renton should use its recent canopy cover assessment to help inform green space needs. Green space and canopy cover provide recreational activities for residents, as well as a more hospitable landscape. Trees and vegetation raise property values and increase rents and spending by consumers in shopping districts. 4-4. Model low impact development (LID) practices on high-profile parcels and public right- of-ways and incorporate green elements into public and private developments through investments, policies, and incentives. Incorporate LID into highly visible public projects, building on Renton’s current efforts at King County Libraries and in the Sunset area of the Highlands. The City should review projects for their potential to incorporate LID, including modifications in rights-of-way, the Complete Streets ordinance, and relevant capital improvement projects. Features may include bioswales or rain gardens in rights-of-way, pervious paving on multi-use paths, and traffic- calming features that double as rain gardens. Promote the use of LID in private projects.The City could use incentives to encourage use of LID in private properties, (see sidebar with LID incentives). Depending on the volume of applications received, the City may need to devote resources to training permit review staff to review LID proposals. Possible Renton low impact development (LID) Incentives For developers who use LID: •Allow greater residential densities. •Allow greater building heights and floor area ratios as well as reduced setbacks. •Reduce parking requirements for new developments. •Wave all or a portion of the submittal fees on LID projects. •Lower stormwater system development fees or lower monthly billings. •Allow to account for stormwater treated on-site, when calculating the amount of conventional stormwater management required. For property owners: •Assess surface water utility fees based on impervious surface. •Reduce water utility fees contingent on proper on-site infiltration or use. Mobility, Land Use & DevelopmentDRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 7 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 8 o f 7 3 1 Five Early Steps toward a Clean Economy The 22 recommendations presented in this strategy address diverse elements of a clean economy: leadership, community engagement, resource efficiency, renewable energy, planning and growth, and economic development. Some actions require partnerships and longer-term investments, while others are easy to implement by City staff alone. Taken together, the recommendations provide initial direction to help the City advance its four goals identified at the start of this project: 1.Reduce operating costs for both the City and the community through energy-saving and resource- efficiency measures. 2.Understand greenhouse gas impacts and identify cost- effective steps to reduce emissions and save energy. 3.Capitalize on opportunities for funding and investment, including federal grants, state infrastructure funding, and other regional investments. 4.Identify new initiatives for a competitive, clean local economy and fulfill Renton’s commitment to stay “ahead of the curve.” However, with 22 recommendations, it can be daunting to determine where to begin! Starting with a few strategic actions can help focus the effort and achieve early wins, contributing to overall sustainability of the program. Therefore, five immediate steps are recommended below to firmly put Renton on the path to developing a more prosperous and clean economy over time. Step 1. Formalize the commitment and establish a Green Team Step 2. Identify and implement additional resource conservation upgrades at City facilities and set high standards for new infrastructure Step 3. Engage with employers on efforts to green their businesses and the Renton community Step 4. Partner with utilities, institutions, employers, and others to implement a community energy program DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 6 9 o f 7 3 1 Getting Started Step 5. Launch a transportation campaign in Renton to engage the community in both short- term actions and long-term advocacy for regional transportation investments in Renton These steps integrate across many of the recommendations and are designed to create early momentum, build support for future efforts, achieve near-term cost-savings greenhouse gas reductions, and lay the groundwork for bolder initiatives. These five steps rose to the surface in reviewing the findings and opportunities as well as considering ways to build a foundation for long-term success. They will help establish leadership and coordination to focus and sustain actions. They directly align with the needs and interests of stakeholders. Finally, most are relatively easy to implement, at least in increments, and build on existing activities to leverage additional resources and partnerships. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 0 o f 7 3 1 Getting Started Step 1: Formalize the commitment and establish a Green Team (Actions 1-1, 1-2, 1-3) An important first step for the City is to acquire the support and direction from Renton’s leadership to make sustainability and clean energy a critical lens through which to view all City action. Once in place, this commitment should be embedded into the City’s brand to strongly promote these values internally and externally. The Renton Business Plan and other formal City documents do articulate a number of green values, but could benefit from a more direct statement about the intention to drive toward a clean and green economy. Forming a Green Team is a key step for implementing clean economy investments and actions across the various departments and lines of business and demonstrating City leadership in the community. In addition, engaging staff will help to generate innovation and new ideas as well as put in place systems for monitoring and communicating progress over time. Step 2: Identify and implement additional resource conservation upgrades at City facilities and set high standards for new infrastructure (Actions 3-1, 3-2, 3-3, 3-4, 4-1) Leading by example through infrastructure investments sets the right example and can generate significant cost savings to benefit City operations. City buildings, fleets, and other infrastructure improvements are often easy to implement in that they fall within the purview of the City. There are a number of utility rebates, energy, and waste management companies available to help implement and deliver positive returns on these investments relatively quickly. Resource conservation activities provide tangible actions with quantifiable outcomes to show immediate progress in reducing cost and greenhouse gas emissions. The municipal greenhouse gas inventory provides a wealth of data and information to help drive greater efficiencies in specific buildings, fleets, and infrastructure. The City’s current relationships DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 1 o f 7 3 1 Getting Started with PSE, an energy service company, the EV Project, and Waste Management are critical resources to tap for these endeavors. Step 3: Engage with employers on efforts to green their businesses and the Renton community (Actions 2-1, 2-2, 2-3, 2-4, 2-5, and 3-4) Interviews with Renton employers indicate a high level of excitement and interest in the business community for sustainability and clean economy initiatives. Many of Renton’s employers are national leaders in resource conservation. They expressed strong green values and corporate leadership in these areas. At the same time, smaller businesses could benefit from greater assistance. Business leaders are interested in learning from one another as well as supporting efforts to create a clean economy. Partnership with utilities and waste management companies can enable the City to better support Renton’s business community to green operations and thrive through greater efficiency and cost savings. Through Renton’s participation with regional green business efforts such as the Eastside Sustainable Business Alliance as well as strategic partnerships with local institutions such as the Renton Chamber of Commerce and Renton Technical College, the City can foster greater public-private partnerships to achieve the City’s climate protection and clean economy goals. Step 4: Partner with utilities, institutions, employers, and others to implement a community energy program (Action 2-7, 2-8, 2-9, 3-2) Utilities such as Puget Sound Energy and Seattle City Light are looking for opportunities to partner with local governments to deliver community energy services, especially to underserved customers such as small businesses and lower income households. Targeting a particular neighborhood or business sector in Renton for direct install or upgrades of weatherization DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 2 o f 7 3 1 Getting Started measures or developing a cooperative effort such as district energy or community solar are opportunities for helping the community reap clean energy benefits such as cost savings, green jobs, and healthy air. The initiative could begin small by packaging and marketing available energy rebates and financing, or could involve developing new programs with utilities, Renton Technical College, and others to foster green jobs and economic development in the area of energy efficiency. Sustainable Works is a Tukwila-based non-profit delivering full service energy upgrades in select communities (currently working Spokane, Lynnwood-Edmonds, Seattle, and Shoreline). Climate Solutions’ New Energy Cities program is one opportunity for leveraging outside resources to support community energy initiatives. Federal grants and utility conservation dollars are other ideas for funding such an effort. Step 5: Launch a transportation campaign in Renton to engage the community in both short-term actions and long-term advocacy for regional transportation investments in Renton (Actions 2-4, 4-1, 4-2) Renton’s greenhouse gas inventory shows that approximately 50 percent of the city’s greenhouse gas emissions come from transportation activities. Interviews with Renton employers and staff indicate a high interest to tackle the city’s transportation challenges. Through planning and development, the City staff members are prioritizing compact and walkable neighborhoods and infrastructure to support multimodal transportation through investments in Complete Streets, public transit, trails and bike paths and participation in the STEP AWAY from the car effort. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 3 o f 7 3 1 Getting Started Given high community interest in this topic and the role Renton serves as a regional transportation hub, the City should initiate a local campaign to engage community leaders in implementing highly visible transportation actions at the local level (e.g. employee commuting) as it builds a community constituency to advocate for longer-term regional transportation investments in Renton. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 4 o f 7 3 1 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 5 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 6 o f 7 3 1 Meeting Date: September 22, 2010 CITY OF RENTON PARTICIPANTS DRAFT Name Title Department Jay Covington Chief Administrative Officer Executive Preeti Shridhar Communications Director Executive Kelly Beymer Parks & Golf Course Dir.Community Services Peter Renner Facilities Director Community Services Todd Black Capital Project Coord.Community Services Alexander Pietsch CED Administrator CED Neil Watts Dev Svcs Director CED Suzanne Dale Estey Econ Dev Director CED Chip Vincent Planning Director CED Kris Sorensen Assistant Planner CED Mehdi Sadri IT Director Finance & IT Eric Wallgren Deputy Chief/Safety & Support Fire Gregg A. Zimmerman PW Administrator PW Lys L. Hornsby Utility Systems Director PW Raymond Sled Water Systems PW Rich Perteet Deputy PW Administrator PW 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 7 o f 7 3 1 SUMMARY OF CURRENT EFFORTS BY DIVISION Facilities Building energy efficiency retrofits.The “low hanging fruit” building retrofit projects with high cost savings have been completed. They are now exploring relationships with energy services companies (ESCOs) as they consider additional building energy efficiency retrofit projects. Energy aware staff.Several Facilities staff members have their Building Operator Certification (BOC)—a certification program that provides energy efficiency training. Facilities staff members are also active in the local BOMA (Buildings Owners and Managers Association) chapter. Retro-commissioning.Facilities has done retro-commissioning of some city buildings through a PSE supported program. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 8 o f 7 3 1 Public Works Energy efficient fleets. Public Works has purchased some hybrids and are especially focused on converting to hybrids for their larger vehicles. They will be purchasing three more hybrids with grant money which pays for the delta between the cost of a conventi onal vehicle and a hybrid vehicle. Electric vehicle (EV) charging stations.Public Works is installing EV charging stations in city facilities. LED street lights.An LED street lights project is in the planning stages. Waste reduction.Renton’s garbage and recycling hauler, Waste Management, has been educating residents and businesses about reducing waste, including an annual business outreach collection program.Currently, there is a 72 percent residential recycling rate and there was a 20 percent reduction in paper use at the city level last year.Recycling bins are provided at all city-sponsored community events. Waste Management also uses natural gas to power their trucks. Surface water treatment.Renton recently adopted surface water policies developed by the Washington State Department of Ecology. Water conservation rebates.Public Works offers rebates for water-saving appliances. Bike Master Plan.In 2009, the Renton bike master plan was completed. On the horizon. Public Works is also exploring wastewater heat recovery (currently done by Boeing), water meter programs, and water reuse opportunities. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 7 9 o f 7 3 1 Parks & Community Services Efficient lighting.All Parks Division exit signs were replaced with LED lights and the department is looking into retrofitting sports field lighting with energy efficient technology. Low impact maintenance practices for golf course.The Parks Division maintains the golf course using an automated irrigation system and integrated pest management. Water is also recycled from the golf course and there are bioswales on site. Urban forestry program. The Parks Department just completed their urban forestry strategic plan. Renton also was recognized as a Tree City USA Community in 2008. Planning Renton adopted Complete Streets policy. As part of adopting Complete Streets, the use of impervious pavement will be reduced and the city will increase the use of low impact development techniques and pedestrian-focused, mixed-use street infrastructure. Information Technology Environmentally conscious product purchase, maintenance, and disposal practices . The Information Technology Division attempts to purchase Energy Star products when possible and recycles all e-waste. They also have consolidated servers to increase energy efficiency. Converting to electronic.More city documents are being stored electronically and video conferencing is now available. Some city of Renton staff members have the option of telecommuting, however this policy is not formally documented. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 0 o f 7 3 1 Private Sector Efforts Green Businesses in Renton. PACCAR designs and builds hybrid trucks. Boeing designs and builds hybrid planes. Renton is home to the largest organic clothing company in country. Over 213 Renton businesses participate in the ‘Buy Local’ program and Renton hosts one of the biggest farmer’s markets in Washington State. (There are not many incentives to offer Renton businesses for their green efforts because there is no B+O tax or room for add itional tax breaks.) Green Building.Green building developments include the Cedar River Office Park, the Bank of America building, and two new future King County libraries that will be developed as LEED buildings. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 1 o f 7 3 1 CONSIDERATIONS FOR THE CLEAN ECONOMY STRATEGY How could this effort compliment future State comprehensive plan updates? How could this effort compliment future grant submissions for state and federal funds? DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 2 o f 7 3 1 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 3 o f 7 3 1 Renton Clean Energy Economy Project Kick-Off September 22, 2010 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 4 o f 7 3 1 Meeting purposeIntroduce project to staff Gather input and ideas early in the process Learn what energy efforts are already underway Gain a better understanding of priorities and focus areas Determine the most efficient ways to involve staff in the effort 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 5 o f 7 3 1 Why energy? Why now?Low cost efficiency opportunities Technological advances –efficiency and renewables Mitigate risk –supply, reliability, price, and regulatory/climate pressures Manage costs –resource scarcity Economic development –staying competitive Funding –federal, state, and regional push–$32 billion stimulus focused on energy 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 6 o f 7 3 1 Renton making stridesLeading by example PSNES / C-7 New Energy Partnership Evergreen Fleets Advisory Committee ICLEI/U.S. Mayor’s Climate Protection Agreement “Best Workplace for Commuters” award Clean Cities Coalition/EV charging stations 200 Mill Building energy upgrades LED traffic signal installation Renton Airport sustainability initiative Influencing growth, development Signature green /LEED developments Renton Highlands/Sunset revitalization Complete Streets ordinance Engaging/training the community Home Energy Reports Sound Energy Efficiency Development- Renton Technical College 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 7 o f 7 3 1 Low energy cost to consumers – impact bottom line Reliable supply, delivery, and storage –engender confidence, mitigate risk, energy independence Efficient use of energy resources – impact energy supply and bottom line Healthier people, healthier environment –reduce costs, protect resources, speak to values Climate mitigation –impact energy supply, reduce costs, respond to regulations New businesses, new jobs –clean energy sector Benefits –Clean Energy Economy 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 8 o f 7 3 1 Strategy –Clean Energy Economy Land Use Transportation Buildings Infrastructure Solid Waste Energy Supply Information Incentives Disincentives Mandates Assess where Renton is today Identify opportunities Recommend actions 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 8 9 o f 7 3 1 The Work Assess current situation Document the context for this work Conduct interview with staff and key stakeholders Review city documents, reports, and policies Collect data for energy and GHG baseline Identify opportunities Build on best practices and local priorities Leverage what’s happening in the region Look for efficiency and cost savings Identify connections to economic development goals 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 0 o f 7 3 1 The ProductClean Economy Strategy Greater awareness of what Renton is already doing Cost effective actions for improving clean energy in city operations, facilities, and the community Partners and funding opportunities to increase success and sustainability Better alignment of energy/sustainability efforts across departments and the broader community Energy goals, actions, and successes to share with Council, residents, and businesses 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 1 o f 7 3 1 You can’t manage what you don’t measureEnergy and GHG inventory Provide a snapshot of energy use, costs, and GHG emissions. Indicate the most significant energy costs at the municipal and community levels. Inform energy planning efforts and emissions reduction targets. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 2 o f 7 3 1 Municipal Energy/GHG InventoryMunicipal Operations: Building energy use Fleet fuel consumption Electricity used by water and wastewater pump stations Solid waste Wastewater Refrigerants Traffic and street lights Business travel Employee commuting City of Auburn 2008 Municipal Emissions and Costs by Sector (mtCO2e) 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 3 o f 7 3 1 Community Energy/GHG InventoryCommunity: Transportation Solid waste Residential, commercial, and industrial energy use City Population Community Emissions Auburn (2008) 55,425 840,000 Edmonds (2006) 39,515 168,250 Kirkland (2005) 45,815 751,173 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 4 o f 7 3 1 DiscussionQuestions or comments? What efforts are you/your department pursuing related to sustainability & energy? What ideas do you have about how the city/your department can foster a cleaner, greener, and more competitive city? What are Renton’s biggest energy opportunities and challenges? Who else should we be talking to? 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 5 o f 7 3 1 Next StepsYour Participation: •GHG/Energy Inventory Data Collection Meeting •Data Collection •City of Renton Interviews •Review Draft Recommendations Package 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 6 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 7 o f 7 3 1 Interviewee & Position: _______________________________________________________________________________________ Department & Division: _______________________________________________________________________________________ Interviewer: _________________________________________________________________________________________________ Date: ______________________________________________________________________________________________________ DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 8 o f 7 3 1 INTRODUCTION Cascadia is assisting the Department of Community and Economic Development with a Clean Economy Strategy. We are currently conducting a municipal and community greenhouse gas and energy inventory to quantify current energy use and impacts. We will be supplementing the inventory with external stakeholder interviews, staff interviews, community input, and extensive desktop research. This project is helping cross-educate different departments on what city divisions have been or are working on now in the energy & sustainability area. The Clean Economy Strategy will help the Renton community position itself to: Reduce operating costs for both the City and the community Meet state mandates, qualify for funding opportunities, and be ready for greenhouse gas regulations and markets Capitalize on opportunities for funding and investment Identify new initiatives for a competitive, clean local economy DRAFT Renton Clean Economy Staff Interview Guide The purpose of this interview is to glean your perspective about energy efficiency and conservation, sustainability, and renewable energy opportunities in Renton. We’re interested in learning more about current practices, policies, and programs; potential barriers; and key opportunities to increase energy efficiency, sustainability, and renewable energy in city operations and in the broader community. This interview should take no more than 30 minutes. Thank you in advance for your time. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 9 9 o f 7 3 1 GENERAL What is the core function of your department/division? What are some of your department’s top activities or programs which help the City to be more energy efficient and sustainable ? Are you aware of any renewable energy sources being used? What would you identify as the greatest opportunities to enhance energy efficiency, renewable energy use, and sustainability in the context of your department, the City of Renton overall, and City of Renton residents? Are you aware of innovative energy conservation or sustainability initiatives in other local municipalities that would be worth trying in Renton? Would you be interested in learning more about what other cities are doing? DRAFT Renton Clean Economy Staff Interview Guide 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 0 o f 7 3 1 ENERGY In what ways is your department conserving energy? Conserve energy in daily practice (e.g., turn off lights, turn down heat, anti-idling policies) Use energy-efficient vehicles, equipment, and lighting Build/renovate/retrofit energy-efficient facilities/projects Use renewable energy (e.g., solar, wind) Use passive or efficient techniques for heating, cooling, and lighting What else are you doing? How are you tracking or measuring the results of these efforts? What else could you be doing? What limits your department from doing these things? What trainings, tools, or other support could help your department and the City reduce energy demand and increase energy efficiency? DRAFT Renton Clean Economy Staff Interview Guide 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 1 o f 7 3 1 MATERIALS AND WASTE In what ways is your department conserving energy? Reuse materials and equipment Recycle materials; promote recycling in departments and in the community Work with suppliers and vendors to reduce packaging and waste (e.g., reusable pallets/crates) Compost food and organic waste Reduce generation of construction and demolition waste or increase reuse/recycling of construction and demolition waste What else are you doing? How are you tracking or measuring the results of these efforts? What limits your department from doing these things? What else could you be doing? What trainings, tools, or other support could help your department and the City prevent waste and reduce material usage? DRAFT Renton Clean Economy Staff Interview Guide 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 2 o f 7 3 1 PROCUREMENT POLICIES (IF APPLICABLE) How does your department consider environmental matters in its purchasing decisions? What environmentally preferable purchasing decisions does your department make? Vehicles and equipment Building materials Chemicals, cleaning, and coating materials Food, beverages, and service items (e.g., bottled water, coffee, boxed lunches, cups/plates) Office equipment and furnishings Electronics (e.g., computers, monitors) Office supplies Paper products (e.g., copier paper, paper towels) Supplies with minimal packaging Services (e.g., copying, printing, janitorial, transportation) What else are you doing? How are you tracking or measuring results? What limits your department from doing these things? What else could you be doing? DRAFT Renton Clean Economy Staff Interview Guide 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 3 o f 7 3 1 WATER AND LAND USE (IF APPLICABLE) How does your department conserve water and limit impacts on the land? Conserve water in daily practice (e.g., turn off faucets when not in use, irrigate at efficient times, adjust automated sprinkler systems) Use water-efficient equipment and landscaping (e.g., appliances, fixtures, drip irrigation) Collect and use greywater in place of potable water where appropriate Identify and address losses/leaks in water systems Promote the use of low impact development (LID) techniques (e.g., impervious surface, onsite stormwater retention and treatment) Support and facilitate mixed-use development, including walkable neighborhoods with basic services) Increase access to parks, open space, and trails What else are you doing? How are you tracking or measuring the results of these efforts? What else could you be doing? What limits your department from doing these things? DRAFT Renton Clean Economy Staff Interview Guide 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 4 o f 7 3 1 COMMUNITY ENGAGEMENT Does your department directly engage with the Renton community and, if so, how are you promoting energy conservation and sustainability in the residential, commercial, or industrial sectors? Outreach and technical assistance Educational workshops Policies or mandates Incentives, rebates, or tax credits Behavior change marketing or social media campaigns Other? DRAFT Renton Clean Economy Staff Interview Guide 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 5 o f 7 3 1 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 6 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 7 o f 7 3 1 INTRODUCTION On behalf of the City of Renton’s Office of Community & Economic Development and Suzanne Dale Estey, the Director of Economic Development for the City, we are reaching out to leading organizations in Renton to gather their input and ideas on the city’s efforts to develop a Clean Economy Strategy. The City is examining citywide energy use, talking with staff and the community, and providing recommendations on how the City can: Reduce operating costs Meet state mandates, qualify for funding opportunities, and be well positioned for future regulations and markets Capitalize on opportunities for energy funding and investment Identify new initiatives for a competitive, clean local economy DRAFT Target Business/Community Partner Questions The purpose of this interview is to glean your perspective about opportunities in Renton. We’d like to hear if these areas are a priority for your organization and what strides you may be already taking. We’d also like to hear about any ideas you might have for how the City can be a leader as well as support your organization in these areas. You may be aware that Renton is already engaging in a number of efforts to move towards a more efficient and cleaner economy. For example, the city is upgrading to more efficiency LED traffic signals, retrofitting buildings, piloting electric vehicle charging stations throughout the city, and partnering with Puget Sound Energy to help residents improve the efficiency of their homes. Note: Questions below will be tailored so that they are relevant to the particular circumstances for each organization.5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 8 o f 7 3 1 GENERAL 1.Would you say that sustainability and energy efficiency are priorities in your organization? Are these values expressed by your management and leadership? What about your employees? Customers? Do you have a “champion” within your organization that focuses on the general set of issues we have discussed? 2.Do you have any specific successes or accomplishments related to sustainable practices, services, or products you would like to share (e.g. facilities, fleets, employee commuting, water use, solid waste and recycling, supply chain, training/education, other)? 3.Does your organization regularly track resource use (energy, water, waste)? DRAFT Target Business/Community Partner Questions 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 0 9 o f 7 3 1 ENERGY EFFICIENCY 4. Has your organization made any specific energy upgrades to your facilities? If so, briefly describe. VEHICLE FLEETS 5. Has your organization integrated (or does it plan to purchase) hybrid, alternative fuel, electric, or other high efficien cy vehicles into its fleet? Does your organization actively support commute trip reduction programs? 6. Are you aware of an electric vehicle pilot project in our region? Would your organization be interested in more information about this and opportunities to install electric vehicle charging stations at your site? [Note: City is only providing charging stations and not vehicles.] DRAFT Target Business/Community Partner Questions 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 0 o f 7 3 1 RENEWABLE ENERGY 7.Has your organization considered on-site renewable energy (e.g., solar arrays, wind generation), or other forms of innovative energy conservation (e.g., waste heat recovery)? 8. Is your organization currently supporting renewable energy through a utility or other program? WATER 9. Is your organization a heavy water user? Have you taken advantage of any incentives, technologies, or programs to improve water efficiency? WASTE 10. How would you describe your efforts related to recycling, composting, and minimizing waste? What might be the top one or two waste reduction opportunities in your organization? Are there areas or specific materials you’d like help with? DRAFT Target Business/Community Partner Questions 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 1 o f 7 3 1 MATERIALS / SUPPLY CHAIN 11. Are you familiar with the “Shop Renton” program? Have you considered the locality of your own suppliers? Are you familiar with the term “green purchasing”? Do you use any “green” considerations in making supply chain decisions? WRAP UP 12. How do you feel the City of Renton is doing overall when it comes to being green and sustainable more generally? Can you point to any specific activities? How important to you is it that the city makes progress in this regard? 13. What do you feel would be the top two or three things the City of Renton could do to assist you in moving forward in any of the topics we discussed? 14. Would your organization be interested in participating in future conversations with the City on advancing a more sustain able and competitive community? Would you be in support of the city creating a sustainable or green business recognition program? DRAFT Target Business/Community Partner Questions 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 2 o f 7 3 1 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 3 o f 7 3 1 DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 4 o f 7 3 1 The City of Renton hired Cascadia Consulting Group to conduct the City’s first greenhouse gas inventory. The purpose of the inventory is to help Renton better understand its current impacts and provide a baseline from which to reduce greenhouse gas (GHG) emissions, energy use, and costs. Inventories help cities identify and quantify their current emissions and activities, set appropriate and meaningful reduction targets and strategies, and measure progress toward meeting emission reduction goals. This first inventory provides a valuable framework that Renton can use to conduct future inventories, benchmark progress, realize energy cost savings, and reduce its environmental impacts. Cascadia worked closely with City staff at Renton to develop this inventory of GHG emissions from both the City’s municipal operations and the Renton community as a whole. We used this inventory of GHG emissions from both the City’s municipal operations and the Renton community as a whole. We used ICLEI’s Clean Air and Climate Protection software to conduct the inventory. Based on input and available data from the City of Renton, the inventory establishes 2009 as the baseline year for conducting measurements, setting targets, and monitoring future progress. As detailed in the greenhouse gas inventory that follows, the City of Renton’s municipal operations generated slightly more than 14,000 metric tons of carbon dioxide equivalents (mtCO2e) in the base year 2009. Emissions sources included electricity consumption; natural gas, gasoline, and diesel combustion; and refrigerant gases. DRAFT The municipal inventory covered the following sectors: •Building energy use. •Fleet fuel consumption. •Water and wastewater pump stations (electricity use). •Refrigerants. •Traffic and street lights. •Business travel. •Employee commuting. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 5 o f 7 3 1 At the municipal level, building energy use generated the most emissions, accounting for 40% of the total municipal emissions. In 2009, the Renton community generated approximately 1.2 million mtCO2e. The community inventory included the following sectors: •Transportation (vehicle and air miles traveled). •Solid waste. •Residential, commercial, and industrial energy use. For the community inventory, transportation was the largest contributor, accounting for almost 50% of emissions. As Renton moves forward by setting emissions reduction goals, both nearby municipalities and existing frameworks can offer guidance. Adopted in 1997, the Kyoto Protocol is the prevailing framework for emissions reductions that many nations and a number of cities in the U.S. and around the world have adopted. More than 1,000 cities, including Renton, have signed on to the U.S. Mayors’ Climate Protection Agreement, striving to meet the Kyoto targets in their own communities. The Kyoto Protocol stipulates a 7% reduction of emissions below 1990 levels by 2012. Washington State has adopted longer-term goals, including returning to 1990 levels by DRAFT Introduction2020. A number of local governments in the region have adopted targets using more recent base years, such as King County (2007 base year), Anacortes (2000), Bellingham (2000), Kirkland (2005), and Spokane (2005). In consideration of the detailed data available for Renton for 2009, Cascadia recommended and the City decided to use 2009 as Renton’s baseline year. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 6 o f 7 3 1 Analysis of Renton’s municipal and community inventories revealed opportunities for Renton to achieve its energy use and emissions reduction targets through straightforward actions. The most direct way for Renton to reduce its carbon footprint is by taking actions to lower emissions within its own municipal operations. Opportunities to reduce emissions from Renton’s highest-emitting sectors— transportation, water delivery, and vehicle fleet—include implementing energy efficiency management and performance monitoring systems for all City buildings, targeting cost- effective efficiency upgrades in the City’s most energy-intensive buildings, encouraging low impact development techniques to reduce wastewater, and creating policies for employees to use the most fuel-efficient vehicles whenever possible. Though emissions outside the City’s direct control may be more difficult to address, Renton could seek to reduce community emissions through such efforts as expanding educational campaigns about utility rebates and energy conservation measures, improving access to public transportation, and supporting the development of electric vehicle infrastructure in Renton. The following sections describe the methodology Cascadia used to develop the inventory, presents a detailed overview of municipal and community greenhouse gas emissions by sector, identifies opportunities and targets informed by the inventory, and suggests actions the City can take to facilitate future measurement. DRAFT IntroductionWe divided the inventory into two broad categories of emissions sources: 1) municipal emissions and 2) community emissions. Distinguishing these categories allows the City to understand and target emissions within both the direct and indirect scopes of its control. We took the following steps to conduct the inventory: 1.Define the Scope 2.Collect the Data 3.Calculate Emissions The following sections describe these steps in detail. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 7 o f 7 3 1 1. DEFINE THE SCOPE The first step in conducting a city greenhouse gas inventory is to define the scope, or determine which activities to include. The scope of the inventory has a large influence on the calculated GHG emissions, and changing the scope of future inventories makes it difficult to track progress over time. Using a standard methodology for defining inventory boundaries enables comparison of inventory results with other entities conducting similar inventories. Accordingly, Cascadia, in consultation with Renton staff, applied the widely used Greenhouse Gas Protocol: A Corporate Accounting and Reporting Standard to define the scope of Renton’s baseline inventory. Defining the scope of the inventory involved setting boundaries in the following areas: Emission sources scope: which emissions sources to include. Time scope: which time frame or year to include. Geographic scope: what geographic boundaries to include. Emission Sources Scope The Greenhouse Gas Protocol delineates scopes that define the boundaries within which greenhouse gas accounting should be conducted, as shown in Figure 1.1 The scopes describe the relative level of control or responsibility the entity (in this case, Renton) maintains for each of its emission sources. DRAFT Scope 1 emissions are those that the city has most direct control over, while Scope 2 and 3 emissions are more indirectly attributed to the city. Specifically, Scope 1 emissions include all direct sources of greenhouse gas emissions that originate from equipment and facilities owned or operated by the city. 1 The Greenhouse Gas Protocol: A Corporate Accounting and Reporting Standard (Revised Version), World Resources Institute and World Business Council for Sustainable Development, Figure 3. “Overview of scopes and emissions across a value chain.” Available online at http://www.ghgprotocol.org/files/ghg-protocol-revised.pdf Figure 1. Scope classification for the inventory of greenhouse gas emissions 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 8 o f 7 3 1 Scope 2 emissions include those from electricity, heat, or steam imported from other entities—that is, energy used by the city but generated by others, such as a utility elsewhere. Scope 3 emissions include all other indirect sources of greenhouse gas emissions that may result from the activities of the city, but that occur from sources owned or controlled by another company or entity. Scope 3 includes such as emissions from leased spaces, business travel, and employee commuting (when not conducted in the city’s own fleet); embodied emissions in material goods purchased by the city; emissions from solid waste disposal; and emissions from vendor services such as shipping or catering. The World Resources Institute (WRI) and the World Business Council for Sustainable Development (WBCSD), authors of the Protocol, suggest conducting accounting for Scope 1 (direct emissions from owned equipment and operations) and Scope 2 (indirect emissions from purchased energy use) at a minimum. This inventory accounts for Scope 1, Scope 2, and Scope 3 sources. Time Scope In conducting a greenhouse gas inventory, establishment of a base year allows for a meaningful and consistent comparison of emissions over time. In choosing a base year, we considered which year offered a complete and accurate data set and will be representative of the general level of annual emissions. Due to the abundant data availability, we established the inventory base year as the 2009 calendar year. This inventory assesses greenhouse gas emissions for this base year. Geographic Scope We calculated emissions based on the activities of businesses, organizations, and people that resided within the formal city boundaries for Renton during the base year (2009). Future inventories should account for any changes in city boundaries between the base year and future inventory years. DRAFT Municipal Inventory We used the Local Government Operations Protocol (LGOP) to conduct the municipal inventory. 2 Although this protocol generally adheres to the principles and methods outlined in The Greenhouse Gas Protocol: A Corporate Accounting and Reporting Standard, the LGOP is specifically tailored for use by local governments and takes an “operational control approach” that targets emissions that local municipalities can most easily and directly influence. Using this protocol better enables Renton to compare its greenhouse gas inventory with other municipalities that have drawn similar boundaries by following the LGOP, although no two inventories are exactly alike.3 2 Local Government Operations Protocol: For the Quantification and Reporting of Greenhouse Gas Emissions Inventories, Version 1.1, September 2008, p. 14. California Air Resources Board, California Climate Action Registry, ICLEI— Local Governments for Sustainability, The Climate Registry. Available online at http://www.icleiusa.org/actioncenter/tools/lgo-protocol-1. 3 In particular, emissions inventories may look very different depending on what community service operations a city provides. These operations include water conveyance, wastewater treatment, public transit operation, solid waste collection, and landfilling. Of these services, Renton is only responsible for water conveyance. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 1 9 o f 7 3 1 Figure 2 shows the emissions sectors, sources, and scopes included in the municipal inventory. The sectors we considered include building energy use, fleet fuel consumption, electricity used by water and wastewater pump stations, solid waste, refrigerants, traffic and street lights, business travel, and employee commuting. Emissions sources include electricity consumption, natural gas, gasoline, and diesel. DRAFT Scope 3 (optional): Indirect Emissions Municipal waste Employee commuting Business travel Scope 2: Purchased electricity City-owned buildings: Electricity Street lights and traffic signals Water and sewer pump stations Scope 1: Direct emissions City-owned buildings: On-site natural gas City vehicle fleet Refrigerants Figure 2. Scope of inventory for municipal emissions. Facilities and activities over which the City of Renton has operational control are included as Scope 1 or 2 emissions. Other emissions are included as “optional” Scope 3 emissions. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 0 o f 7 3 1 Community Inventory We based the community inventory on ICLEI standards and common methods used by other ICLEI members. The community emissions are from a variety of sources and are not categorized into Scope 1, 2, and 3. The community emissions are organized into five primary categories: 1) Residential, 2) Commercial, 3) Industrial, 4) Transportation, and 5) Solid Waste, as shown in Figure 3. DRAFT Figure 3. Scope of inventory for community emissions Residential Building Natural Gas Consumption Building Electricity Consumption Commercial Building Natural Gas Consumption Building Electricity Consumption Industrial Building Natural Gas Consumption Building Electricity Consumption Transportation All vehicle miles traveled within city boundaries Community air travel Solid Waste Residential Commercial and Municipal Industrial 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 1 o f 7 3 1 2. COLLECT THE DATA Collecting data is often the most time- intensive step of conducting a greenhouse gas inventory. To streamline the process and ensure accurate data collection, Cascadia trained all relevant Renton staff on the greenhouse gas inventory process. The trained staff then collaborated with Cascadia to obtain data from a variety of local and regional sources, as shown in Table 1. Specifically, City staff contributors included Tracy Schuld (Finance Department); David Hohn and Linda Knight (Public Works Department); Greg Stroh, Peter Renner, and Kelly Beymer (Community Services Department). Kris Sorensen in the Community and Economic Development Department also helped coordinate the data collection process. Due to time and data availability limitations, we also made some assumptions and special considerations in conducting this inventory, listed in Table 1. DRAFT Table 1. Data sources and considerations for municipal and community greenhouse gas inventories Data Data Item Source Assumptions and Special Considerations COMMUNITY Energy Use Natural gas Electricity David Namura, Puget Sound Energy Emission factor used: Regional eGRID Transportation Vehicle miles traveled Airline travel Kris Overby, Puget Sound Regional Council Port of Seattle, 2006 Sea-Tac Passenger Enplaning Survey Estimated fuel type for each vehicle category (e.g., diesel or gasoline heavy truck) from regional data. Waste Recycling, organic, and solid waste breakdown Solid waste composition Linda Knight, Solid Waste Coordinator King County Waste Composition Study, 2007 Assumed waste composition is similar to that of King County. MUNICIPAL Employee Commuting Employee commuting modes Breakdown of SOV vehicle types 2009 CTR Survey Auburn GHG Inventory, 2010 Assumed vehicle composition for commuters that drive alone is similar to that of the community. Assumed SOV types similar to City of Auburn. Business Travel Business travel modes and miles Tracy Schuld, Accounting Supervisor Vehicle Fleet Total fuel usage Golf course equipment David Hohn, Fleet Manager Kelly Beymer, Parks and Golf Course Director Energy Use PSE account data Facilities energy efficiency Nathan Namura, Puget Sound Energy Peter Renner, Facilities Director Refrigerants Fleet refrigerants Facilities refrigerants David Hohn, Fleet Manager Greg Stroh, Facilities Manager 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 2 o f 7 3 1 3. CALCULATE EMISSIONS In consultation with Cascadia, the City of Renton chose to use the widely accepted ICLEI Clean Air and Climate Protection (CACP) software for the Renton inventory. In 2001, ICLEI developed the CACP tool in partnership with the National Association of Clean Air Agencies (NACAA) and the U.S. Environmental Protection Agency. The original CACP has been updated to more closely follow the methods, standards, and data requirements specified by the LGOP. The CACP software, which is used by over a dozen municipalities in Washington and many more throughout the U.S., offered the most standard and comparable methodology for the City of Renton. As an ICELI member, Renton will have continued technical assistance and access to CACP updates for future inventories. The CACP tool requires specific forms of inventory data. Although these data provisions can help ensure a thorough and accurate inventory, the demands of the CACP tool can also complicate the data collection process. For example, the CACP tool requires community transportation data to be, at a minimum, classified by vehicle type. We obtained data for Renton’s total vehicle miles traveled (VMT) but did not have the vehicle type information for those VMT. Accordingly, we assumed that Renton has a DRAFT similar vehicle composition to Auburn, a nearby city for which vehicle type information was established in 2010. Tables 1 and 2 show other data requirements and assumptions for this inventory. Table 2. Required data for input into ICLEI Clean Air & Climate Protection (CACP) tool Data Classification Required forms COMMUNITY Energy Use Natural gas Electricity kWh, Btu, or therms Separated by residential, commercial, and industrial Transportation Fuel use, by type Vehicle/passenger miles, Btu, or gallons by vehicle class Waste Organic waste composition (paper, food, wood, etc.) Total waste;Waste disposal technology Organic waste: percentage (%) composition Total waste in tons MUNICIPAL Employee Commuting Total fuel use, by type Vehicle/passenger miles, Btu, or gallons by vehicle class Business Travel Total fuel use, by type Vehicle/passenger miles, Btu, or gallons by vehicle class Vehicle Fleet Total fuel use, by type Vehicle/passenger miles, Btu, or gallons by vehicle class Energy Use Buildings and facilities;Streetlights and traffic signals;Port facilities; Airport facilities;Water delivery facilities;Solid waste facilities Electricity, fuel use, and/or natural gas;kWh, Btu, gallons, or therms Mobile Source Refrigerants Refrigerant use, by type Weight (tons, pounds, etc.) Electric Power (if applicable)Fuel type (electricity, natural gas,etc.)kWh, Btu, or therms 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 3 o f 7 3 1 To supplement the emissions data, we also collected information on the square footage of City-owned buildings. This information allows calculation of emissions per square foot, a comparable metric the City can use to target needed efficiency upgrades in City- owned buildings. Once we entered all data into the CACP tool, municipal and community greenhouse gas emissions were calculated. We reported emissions in metric tons of carbon dioxide equivalent (mtCO2e), the standard unit used in LGOP and other greenhouse gas reporting standards. DRAFT 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 4 o f 7 3 1 The following sections present the key findings from Renton’s municipal and community greenhouse gas inventories, including the sources and sectors contributing to Renton’s emissions. The findings are intended to assist the City in planning future climate actions and tracking progress in reducing greenhouse gas emissions. MUNICIPAL EMISSIONS Conducting a municipal emissions inventory can help Renton identify inefficiencies in municipal operations, prioritize opportunities for cost and energy savings, and gauge the City’s progress toward leading its community in sustainability and environmental stewardship. Renton’s municipal inventory is a measure of all greenhouse gas emissions produced by the City of Renton’s municipal facilities and operations in a given year. In 2009, the City’s operations generated an estimated 14,081 mtCO2e, as shown in Figure 6.4 Building operations, which includes both natural gas and electricity use, is the largest emissions sector for municipal operations, accounting for 40% of total calculated emissions. Water delivery services (23%) and vehicle fleet (18%) contribute the next highest emissions.5 Although Renton’s municipal emissions are small compared to its community emissions, understanding its municipal emissions enables the City to take steps to lower greenhouse gas emissions in areas where it has more direct control and to lead by example. DRAFT 4 Although emissions tonnages are presented in tables and graphs as exact figures, all reported emissions in this report are estimates. 5 The use of pie charts to represent emissions is not intended to indicate that 100% of emissions are accounted for. This is an estimate of emissions, and while Scope 1 and 2 emissions are as complete as possible, only a few key Scope 3 emissions sources are included in this inventory. Each pie chart in this document is meant to represent only the emissions measured in this inventory based on the boundaries recommended by the LGOP. Buildings 5,664 mt 40% Water Delivery Facilities 3,274 mt 23% Vehicle Fleet 2,531 mt 18% Street Lights 1,257 mt 9% Employee Commuting 995 mt 7% Traffic Lights 185 mt 2% Wastewater Facilities 121 mt 1% Business Travel 44 mt 0.3% Refrigerants 10 mt 0.1% Buildings Water Delivery Facilities Vehicle Fleet Street Lights Employee Commuting Traffic Lights Wastewater Facilities Business Travel Refrigerants Figure 6. Municipal emissions for Renton by sector (14,081 metric tons CO2e total) 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 5 o f 7 3 1 Although most entities use guidance from the Local Government Operations Protocol, differences in which activities are included in greenhouse gas inventories limit straightforward “apples-to-apples” comparisons among municipal inventories. By understanding Renton’s emissions by scope, the City can make more accurate comparisons with nearby jurisdictions as well as identify those emissions the City can most directly influence within its municipal operations. Figure 7 and Table 3 show emissions by scope and sector for Renton’s 2009 municipal emissions. Electricity use for City-owned and operated facilities (Scope 2 emissions) is the largest source of emissions at an estimated 9,318 mtCO2e, or 66% of total emissions. These are emissions that Renton “purchased” from utilities and so can be influenced through efficiency measures and working with energy providers. Scope 1 emissions, which include emissions from Renton’s vehicle fleet, refrigerant losses, and natural gas usage at City-owned and operated buildings, account for roughly 3,724 mtCO2e, or 27% of all emissions. The City can most directly influence these emissions, such as through purchasing more efficient products, reduced use of materials, and other efficient practices. Scope 3 emissions—which include emissions from employee commuting, business travel, leased spaces, and solid waste—account for an estimated 1,039 DRAFT Key FindingsmtCO2e, or 7% of total emissions. Renton can influence these emissions through encouraging others to improve their practices. Figure 7. Municipal emissions for Renton by scope for 2009 (14,081 metric tons CO2e) Scope 1 3,724 mt 27% Scope 2 9,318 mt 66% Scope 3 1,039 mt 7% Scope 1 Scope 2 Scope 3 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 6 o f 7 3 1 Scope/Sector mtCO2e Scope 1 3,724 Buildings 1,183 Refrigerants 10 Vehicle fleet 2,531 Scope 2 9,318 Buildings 4,481 Street lights 1,257 Traffic lights 185 Wastewater facilities 121 Water delivery facilities 3,274 Scope 3 1,039 Business travel 44 Employee commuting 995 Grand Total 14,081 DRAFT Key FindingsTable 5. 2009 Municipal emissions by scope and sector Sector Analysis Assessing municipal emissions by sector allows the City to take a more targeted approach to developing emission reduction strategies within its departments. This approach can also reveal unknown energy inefficiencies and cost savings opportunities within municipal operations. Buildings City buildings contributed about 40% of Renton’s municipal footprint. Table 6 shows the electricity use per square foot of the 10 buildings with the highest emissions per unit area. (We were unable to analyze total building energy use, including Scope 1 emissions from fuels combusted on-site for heating and hot water, because many natural gas accounts were combined such that energy use could not be allocated to individual buildings.) The five least efficient buildings in terms of electricity use per square foot are: 1) Henry Moses Aquatic Center, 2) Cedar Trail Park Restroom, 3) Phillip Arnold Park 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 7 o f 7 3 1 Restroom, 4) Liberty Park Community Building, and 5) Old City Hall/200 Mill Building. Note that the three restrooms are each smaller than 500 square feet; though their electricity use per square foot is high, their overall impact remains relatively low. The Old City Hall Building has recently been renovated with energy-efficient upgrades, so its energy use is expected to be reduced from the estimate in this inventory. DRAFT Key FindingsTable 6. Renton municipal building electricity use per square foot (2009) Building Electricity use (annual KWh) Square footage Electricity Use (KWh)per sq ft Henry Moses Aquatic Center 459,840 6,320 73 Cedar Trail Park Restroom 21,840 450 49 Phillip Arnold Park Restroom 11,560 290 40 Liberty Park Community Building 119,320 3,500 34 Old City Hall/200 Mill Building*1,234,340 51,000 24 Jones Park Restroom 10,600 480 22 Highlands Library 135,810 6,580 21 Phillip Arnold Park Activity Building 27,960 1,370 20 City Shops A-B-C-D & F 1,011,600 52,400 19 Fire Station # 12 289,960 15,800 18 * The Old City Hall/200 Mill Building was recently renovated, so its efficiency is expected to be improved since 2009. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 8 o f 7 3 1 Vehicle Fleet Renton’s fleet contributed approximately 2,500 mtCO2e to the City’s overall municipal footprint, representing roughly 18% of the 2009 municipal emissions. Figure 8 shows the 10 City programs with the highest fuel use in 2009, which collectively represent 78% of the total 2009 City vehicle fuel use. Police patrol used the most fuel in 2009 by a wide margin: 62,886 gallons, more than one-third (34%) of the total 2009 vehicle fleet fuel use. DRAFT Key Findings Figure 8. Fuel use (gallons) for 10 City programs with highest passenger vehicle fuel use in 2009 (excludes non-passenger vehicles and equipment6) 6 Passenger vehicles include pickup trucks (1-ton or smaller), sport utility vehicles, and sedans. Fire trucks, heavy dump trucks (over 1-ton), prisoner vans, and other large vehicles are not included in the ranking, though their emissions are included in the overall inventory. 62,886 18,503 14,787 11,854 10,060 7,106 4,931 4,753 4,392 4,134 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 Police Patrol Water Utility Maintenance Street Maintenance Services Park Facilities Maintenance Human Services General Fund General Services Transportation Systems Maintenance Police K-9 Police Traffic Police Crime Prevention F u e l U s e ( g a l l o n s ) Program 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 2 9 o f 7 3 1 Fuel efficiency is a useful indicator of greenhouse gas impacts and can help Renton assess its impacts and identify opportunities to improve the efficiency of its fleet.7 The average 2009 fuel economy for all of Renton’s fleet was 14 mpg, less than half of the 2015 target fuel economy for Washington State agency vehicles.8 Improving its fleet fuel economy will also help prepare Renton for any future state mandates for municipal fleet efficiency. One program, Neighborhood Communities (within the Department of Community and Economic Development), stands out among Renton’s fleet vehicles with a fuel efficiency average of 46 miles per gallon (mpg). This outstanding efficiency can be attributed to its single vehicle: a 2008 Ford Escape Hybrid. Figure 9 shows the average fuel efficiency for fleet vehicles used in 2009, by department, as compared to the 2015 Washington State fuel economy standards. Table 7 shows the 10 least efficient passenger vehicles in Renton’s fleet.9 DRAFT Key Findings 7 In 2008, the Washington State Legislature directed the Department of Ecology to establish a mandatory reporting system for emissions of greenhouse gases. Initially, the Department of Ecology proposal stipulated that owners of fleets emitting 2,500 or more metric tons of carbon dioxide equivalents annually from on-road vehicles must report emissions. During the 2009-2010 legislative session (House Bill 2545), the Department of Ecology attempted to amend its rule to align with new federal greenhouse gas reporting requirements, but the amendment did not pass. http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2545&year=2009. 8 Washington RCW 43.41.130 states “(3) State agencies shall phase in fuel economy standards for motor pools and leased petroleum-based fuel vehicles to achieve an average fuel economy standard of thirty-six miles per gallon for passenger vehicle fleets by 2015.” 9 Passenger vehicles include pickup trucks (1-ton or smaller), sport utility vehicles, and sedans. Fire trucks, heavy dump trucks (over 1-ton), prisoner vans, and other large vehicles are not included in the ranking, though their emissions are included in the overall inventory. Figure 9. Average fuel efficiency for Renton fleet vehicles used in 2009, by department, as compared to the Washingtonz State fuel economy standards by 2015. Each data point represents the average fuel efficiency for a City of Renton department. 0 5 10 15 20 25 30 35 40 45 50 A v e r a g e V e h i c l e F u e l E c o n o m y ( m p g ) Departments WA State Vehicle Fuel Economy Standard by 2015 = 36 mpg Renton Average Fuel Economy = 14 mpg 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 0 o f 7 3 1 DRAFT Key FindingsTable 7. Least fuel-efficient vehicles in Renton’s fleet in 2009 Vehicle Department 2009 Fuel Efficiency (mpg) 1994 GMCX S10 Renton Housing Authority 5.8 2006 FORD F250 Park Facilities Maintenance 6.6 2005 FORD EXPEDITION Police Patrol 6.8 2008 FORD F350 Transportation Systems Maintenance 6.9 2000 FORD F450 Street Maintenance Services 6.9 1997 FORD F350 Park Facilities Maintenance 7.0 1994 DODGE VAN Renton Housing Authority 7.0 2002 CHEV G30 Police Investigation 7.0 2000 FORD 250 Transportation Systems Maintenance 7.0 2000 CHEV S10 Renton Housing Authority 7.1 2000 FORD F550 Park Facilities Maintenance 7.1 2008 FORD EXPEDITION Police Patrol 7.1 1994 GMCX S10 Animal Control 7.1 Figure 10. Fuel efficiency for Renton passenger fleet vehicles used in 2009, as compared to the Washington State fuel economy standards by 2015. Each data point represents the fuel efficiency of one fleet vehicle. 0 10 20 30 40 50 60 0 10 20 30 40 50 60 A v e r a g e F u e l E f f i c i e n c y ( m p g ) A v e r a g e F u e l E f f i c i e n c y ( m p g ) Vehicles Utility Vehicle (n=90)Light Duty Passenger (n=53)Gas/Electric Hybrid (n=17) WA Fuel Economy Standard for SUVs = 27 mpg WA Fuel Economy Standard for light duty passenger vehicles = 40 mpg 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 1 o f 7 3 1 Employee Commuting Employee commuting makes up roughly 7% of Renton’s municipal inventory. Renton employees use various forms of transportation for commuting, including driving, carpooling, riding the bus, taking the train, and walking. Figure 11 shows the employee mode split. (Each mode is represented by the number of employees that participated in that mode each day, for the longest distance,to commute to their usual work location.) DRAFT Key FindingsFigure 11. Renton employee commuting habits by staff member participation in various modes (primary mode for each week). Source: 2009 CTR Survey Report; Q4a. Drive alone, 310 Carpool, 29 Bus, 2 Train, 13 Motorcycle, 3 Bike/Walk, 5 Other, 11 Telework, 2 Drive alone Carpool Bus Train Motorcycle Bike/Walk Telework 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 2 o f 7 3 1 Municipal Emissions in Context Examining Renton’s community emissions in relation to other municipalities and jurisdictions emissions may provide important context for Renton. These comparisons should only be used as a rough indicator of Renton’s progress, however, as no two inventories are exactly comparable. For example, Renton did not include municipal solid waste in its emissions calculations, whereas Auburn included municipal solid waste. Figures 12 and 13 show Renton’s per-capita municipal emissions as compared to nearby municipalities. On a per-capita basis, Renton’s overall municipal emissions (0.22 mtCO2e per person) in 2009 were comparable to those recorded in other nearby municipalities’ inventories, as shown in Figure 12.10 Specifically, Renton’s commuting and streetlight emissions are DRAFT Key Findingscomparable to those of other municipalities, while the emissions from buildings, vehicle fleet, and water delivery are somewhat higher. These results suggest that the most significant opportunities for emissions reductions within Renton’s municipal operations may be found in buildings, vehicle fleet, and water delivery services. 10 Because the compared municipalities did not include business travel, this figure (0.22 mtCO2e per person) does not include business travel. With business travel included, Renton’s 2009 per-capita municipal emissions were 0.23 mtCO2e per person. Figure 12. Municipal emissions for Western Washington jurisdictions on a per-capita basis Figure 13. Proportional composition of municipal emissions for selected jurisdictions in Western Washington 0.00 0.05 0.10 0.15 0.20 0.25 0.30 Renton (2009) Bellingham (2005) Bellevue (2006) Edmonds (2006) Kirkland (2005) Vancouver (2007) Auburn (2008) M e t r i c t o n s C O 2 e p e r p e r s o n - Municipal Government Waste Water/Sewage Streetlights Commute Fleet Buildings 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Renton (2009) Bellingham (2005) Bellevue (2006) Edmonds (2006) Kirkland (2005) Vancouver (2007) Auburn (2008) P r o p o r t i o n o f T o t a l E m i s s i o n s Municipal Government Waste Water/Sewage Streetlights Commute Fleet Buildings 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 3 o f 7 3 1 COMMUNITY EMISSIONS Renton’s community inventory is a measure of the greenhouse gas emissions resulting from activities within the city limits. In 2009, the Renton community generated an estimated 1,216,258 metric tons of carbon dioxide equivalents (mtCO2e). Figure 4 shows the breakdown of community emissions by sector.11 Transportation contributed the largest share—nearly half—of emissions (49%), followed by commercial (21%) and residential energy use (20%). Solid waste accounted for a small portion (0.3%) of total community emissions. Renton’s substantial community transportation emissions are on par with estimations in other regional and statewide inventories. The State of Washington estimates that transportation makes up 47% of emissions statewide.12 Solid waste, as calculated by the ICLEI CACP software, accounts for less than 1% of the total community inventory. As discussed DRAFT Key Findings 11 Although emissions tonnages are presented in tables and graphs as exact figures, all reported emissions in this report are estimates. 12 Washington State Department of Community, Trade, and Economic Development, Washington State Greenhouse Gas Inventory and Reference Case Projections, 1990-2020 (December 2007), http://www.ecy.wa.gov/climatechange/docs/WA_GHGInvent oryReferenceCaseProjections_1990-2020.pdf Figure 4. Renton 2009 community emissions by sector (1,216,258 metric tons CO2e total) Commercial Energy Use 257,239 mt 21% Industrial Energy Use 107,036 mt 9%Residential Energy Use 246,644 mt 20% Transportation 601,343 mt 49% Solid Waste 3,996 mt 0.3% below, a closer examination of the CACP methodology for calculating solid waste greenhouse gas emissions could help the City of Renton best interpret this figure. The solid waste section of the CACP tool has several inputs. First, a user specifies the total waste production in tons. In this inventory, the community of Renton generated roughly 42,739 tons of solid waste during 2009. Second, the user determines which “waste disposal technology” is used for solid waste management. Options included Uncollected, Open Dump, Open Burning, Managed Landfill, Controlled Incineration, and Compost. Renton’s municipal solid waste goes to King County’s Cedar Hills Landfill, a managed landfill. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 4 o f 7 3 1 Then, the user specifies the waste composition mix by percentage of the following: Paper Products, Food Waste, Plant Debris, Wood or Textiles, and All Other Waste. Data for the City of Renton came from the King County Waste Monitoring Program, 2007 Waste Characterization Study, published in 2008. Lastly, the CACP tool requires a methane recovery rate for the managed landfill. King County reports that Cedar Hills attains a 90% methane capture rate.13 A 2009 U.S. EPA report notes that material production and waste management are responsible for 42% of U.S. emissions.14 The CACP tool’s emissions from waste do not account for any upstream processing or embodied emissions of products or for the energy used for waste collection or processing. The emissions shown in this inventory are only from decomposition of waste in a landfill. A more thorough review of the emissions associated with materials consumed in the City of Renton was beyond the scope of this inventory. DRAFT Key Findings 13 Personal Communication Mizanur Rahman, Ph.D., MBA, P.Eng., Engineer III and Project Manager, Engineering Services Section, Solid Waste Division, King County Dept. of Natural Resources and Parks. August 4, 2009. 14 “Opportunities to Reduce Greenhouse Gas Emissions through Materials and Land Management Practices,” U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, September 2009. Available online at http://www.epa.gov/oswer/docs/ghg_land_and_materials _management.pdf. Table 3. Key Metrics for 2009 Community Inventory In addition to key metrics, comparing Renton’s community emissions to other jurisdictions can help Renton understand its current position and identify opportunities for reductions. These comparisons should only be used as a rough indicator of Renton’s progress, however, as no two inventories are exactly alike. For example, Renton included community air travel (contributing 53,688 mtCO2e) in its transportation emissions calculations, while Auburn included only vehicle miles traveled. Nonetheless, even a rough comparison can help the City better understand its progress within a regional Sector 2009 Inventory Metric (mtCO2e) Residential emissions per household 9.4 Residential emissions per person 4.0 Commercial and industrial emissions per employee 7.5 Waste emissions per person 0.1 Overall community emissions per person 19.6 context. Figure 5 and Table 4 show Renton’s per-capita community emissions as compared to nearby municipalities. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 5 o f 7 3 1 DRAFT Key FindingsTable 4. Local municipalities’ per-capita community greenhouse gas emissions Municipality Inventory Year Community Inventory (mtCO2e) Population in Inventory Year 15 Emissions per capita Renton 2009 1,216,258 62,002 19.6 Bellingham16 2000 950,792 67,171 14.1 Seattle17 2008 6,830,000 602,934 11.5 Auburn18 2008 843,328 62,819 13.4 Tacoma19 2005 4,935,054 193,911 25.5 Bellevue20 2006 1,775,480 118,161 15.0 Lynnwood21 2006 445,157 33,369 13.3 15 U.S. Census Bureau American FactFinder. Available online at http://factfinder.census.gov. Accessed January 2011. 16 Greenhosue Gas Emissions Inventory for Bellingham. Available online at www.cob.org/services/environment/climate/greenhouse-gas-inv.aspx. Accessed January 2011. 17 Seattle’s Community Carbon Footprint: An Update. Available online at www.thestranger.com/images/blogimages/2010/10/25/1288028341-2008-community-inventory-fullreport.pdf. January 2011. 18 Greenhouse Gas Inventory for the City of Auburn, WA. April 2010. 19 Tacoma Emissions Inventory. Mayor’s Green Ribbon Task Force. April 16, 2007. 20 City of Bellevue Greenhouse Gas Emissions Inventory. Completed October 2007. Updated June 2008. 21 City of Lynnwood Greenhouse Gas Emissions Inventory and Reference Forecast. Version 0.95. July 30, 2009. Available online at http://ci.lynnwood.wa.us/ECouncilDocs/Items/8077/Report%20vers%200.95.pdf. Accessed March 2011. Relative to the compared municipalities, Renton’s per-capita community transportation emissions contribute a large share of the city’s overall emissions. Renton’s position as a transportation hub and the inclusion of community air travel emissions contribute to this figure. Transportation in the community inventory typically includes all emissions from vehicle miles traveled on roads within city boundaries. These emissions are not limited to vehicle miles traveled by Renton residents, although residents are certainly responsible for a portion of the total. Renton is a major transportation hub for the region, as many vehicles travel through Renton on Interstate 405 on their way to other areas of the Puget Sound. The contribution of these I- 405 vehicles to Renton’s emissions may account for a portion of Renton’s substantial transportation emissions. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 6 o f 7 3 1 DRAFT Key FindingsFurthermore, community transportation emissions for municipalities typically only consider vehicle travel. Renton’s decision to include air travel in addition to vehicle travel contributed an additional 53,688 mtCO2e (9%) to Renton’s estimated transportation emissions, thus further increasing its calculated per-capita carbon footprint. (Other jurisdictions likely still generate emissions from air travel, even though these emissions were omitted from calculation in their greenhouse gas inventories.) Table 5. 2009 Per-capita community emissions for Renton as compared to nearby municipalities 0 5 10 15 20 25 30 Renton (2009) Bellingham (2000) Seattle (2008) Auburn (2008) Tacoma (2005) Bellevue (2006) Lynnwood (2006) m e t r i c t o n s C O 2 - e q p e r p e r s o n Solid Waste Commercial Energy Use Industrial Energy Use Residential Transportation 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 7 o f 7 3 1 With its first greenhouse gas inventory completed, Renton is now positioned to take its next steps toward a greener and cleaner future. This section describes how results from this inventory may inform these next steps for the City of Renton. TAKING ACTION TO REDUCE EMISSIONS Renton’s municipal and community greenhouse gas inventories offer solid foundations for taking action. In addition to direct actions Renton can take to reduce emissions within its own municipal operations, the City can take transformative actions to encourage the Renton community to reduce energy consumption and emissions. Municipal Inventory As a relatively small contributor to Renton’s total emissions, the City itself cannot greatly reduce Renton’s overall emissions through municipal actions alone. Municipal action has strong symbolic value, however, and demonstrates leadership that extends far DRAFT beyond the magnitude of emissions actually reduced. The highest source of emissions within Renton’s municipal operations is from the energy used to power and heat the City’s buildings, accounting for 40% of municipal emissions. Actions Renton could take to reduce building emissions include conducting energy audits on all City buildings, implementing energy efficiency management and performance monitoring systems, targeting efficiency upgrades on energy-intensive buildings, and installing motion sensor-controlled lighting in all municipal building spaces. Electricity used to pump water and wastewater represents 23% of Renton’s municipal emissions, the second highest emitting sector. The City can work toward reducing these emissions by decreasing the amount of water that needs to be treated (such as through low impact development techniques); by minimizing water demand through conservation measures; and by increasing the efficiency of equipment to treat, store, and transport water. Renton’s third highest emitting sector was its vehicle fleet, contributing 18% of Renton’s total municipal emissions. Renton can reduce fleet emissions by purchasing the most fuel-efficient City vehicles and creating policies for employees to limit idling and use the most fuel-efficient vehicles whenever possible. Community Inventory The main sources of emissions in the community of Renton as a whole are transportation (49%) and energy use from commercial (21%), residential (20%), and industrial (9%) sources. Transportation is the single largest emissions source, but building energy use is the largest contributor (50%) when taken as a whole, instead of divided into residential, commercial, and industrial categories. While the City can encourage Renton residents and businesses to reduce energy consumption and reduce vehicle miles, the City does not have direct control over most of the emissions in the community inventory. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 8 o f 7 3 1 Despite these limitations, initiatives to encourage energy conservation include educational campaigns to publicize utility rebates and changing city code to support energy efficiency in new and existing buildings. Commute trip reduction campaigns, improving and increasing bike lanes, increasing the number of park-and-ride spaces, and improving access to public transportation are examples of ways to help reduce vehicle miles traveled. Setting Targets Although outside the scope of this inventory, establishing emission reduction targets and monitoring progress provides a clear way for the city to solidify commitments, promote action, and ensure results. Given Renton’s different levels of control over its community and municipal inventories, Renton should DRAFT Next Stepsconsider setting separate emissions reduction targets for its municipal and community operations. Regional and local examples of other jurisdictions’ emission reduction targets can help inform Renton’s targets and goals. Table 8 shows emissions reduction goals for other jurisdictions. Renton is a signatory to the U.S. Conference of Mayors’ Climate Protection Agreement, which commits Renton to strive to meet the Kyoto Protocol targets (7% below 1990 levels by 2012) and to urge Washington State government and the federal government to enact emission reduction policies and programs. Given the short time frame for meeting the 2012 target, many other signatories of the Climate Protection Agreement have followed up on their commitment with longer-term goals, often linked to more recent base years (post- 1990). In addition, many of these cities specify separate goals for community and municipal operations, which the Climate Protection Agreement does not distinguish. Thus, in setting emissions reduction targets, Renton can look to many examples that use the U.S. Mayors’ Climate Protection Agreement as a starting point but set longer- term emission reduction targets (beyond 2012). Like other cities, Renton can develop separate targets for municipal and community emissions reductions. Because actual data exist in the baseline inventory, 2009 appears a logical base year from which City can set emissions reduction targets. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 3 9 o f 7 3 1 DRAFT Next StepsTable 8. Relevant frameworks and targets for greenhouse gas emission reduction Entity/Agreement Emissions Reduction Goal Notes/Source Intergovernmental Panel on Climate Change Recommends a 50-85% permanent reduction below 1990 levels by 2050 to stabilize carbon dioxide levels at 450 ppm IPCC 4th Assessment Report, Working Group III Kyoto Protocol 7% below 1990 levels by 2012 United Nations Framework Convention on Climate Change, Kyoto Protocol, 1997 U.S. Conference of Mayors’ Climate Protection Agreement 7% below 1990 levels by 2012 (consistent with Kyoto Protocol) More than 1,000 U.S. mayors have signed on (including Renton’s past mayor Kathy Keolker-Wheeler) State of Washington Reduce to 1990 levels by 2020, 25% below 1990 levels by 2035, 50% below 1990 levels by 2050 SSB 6001 (May 2007) King County 80% below 2007 levels by 2050 Part of the Cool Counties Initiative Anacortes 15% below 2000 levels by 2020 City of Anacortes Greenhouse Gas Inventory and Proposed Climate Action Plan (November 2006) Bellingham Municipal: 70% below 2000 levels by 2020 Community: 28% below 2000 levels by 2020 Sustainability Achievements and Measures in Place, City of Bellingham (2009-2010)22 Bellevue 7% below 1990 levels by 2012 City of Bellevue, Washington Greenhouse Gas Inventory (October 2007, updated June 2008)23 Kirkland 20% below 2005 levels by 2020 City of Kirkland Climate Protection Action Plan (April 2009)24 Lynnwood 7% below 1990 levels by 2012 City of Lynnwood Greenhouse Gas Emissions Inventory and Reference Forecast, Version 0.95 (July 2009)25 Seattle 7% below 1990 levels by 2012 Seattle Climate Protection Initiative Progress Report (2009) Spokane 30% below 2005 levels by 2030 City of Spokane Greenhouse Gas Inventory (December 2008) Tacoma 7% below 1990 levels by 2012 Tacoma Emissions Inventory, Mayor’s Green Ribbon Task Force (April 2007) Vancouver 7% below 1990 levels by 2012 City of Vancouver Policy Report (April 2010) 22 Available at: http://www.cob.org/documents/pw/environment/sustainability-measures-2009-2010.pdf 23 Available at: http://www.ci.bellevue.wa.us/pdf/Manager/Greenhouse_Gas_Emissions_Inventory.pdf 24 Available at: http://www.ci.kirkland.wa.us/Assets/Kirkland+Green/Kirkland+Green+PDFs/Climate+Protection+Action+Plan.pdf 25 Available at: http://ci.lynnwood.wa.us/ECouncilDocs/Items/8077/Report%20vers%200.95.pdf 26Available at: http://vancouver.ca/sustainability/climate_protection.htm 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 4 0 o f 7 3 1 Setting a Community Emissions Target The City does not have direct control over most of the emissions in the community inventory. Future population growth in the region will likely further increase Renton’s community greenhouse gas emissions. This lack of control combined with these anticipated population trends may mean that feasible community emission reduction goals may need to be less aggressive than those for its municipal operations. Setting a Municipal Emissions Target Many opportunities for emissions reduction in Renton’s municipal operations are likely to yield significant cost savings and other benefits. Accordingly, setting an aggressive reduction target makes sense for Renton’s municipal emissions. The City should consider setting an emissions reduction goal close to Washington State’s goals for its own agencies: 15% below 2005 emission levels by 2020, and 36% below 2005 levels by 2035, using the City’s own baseline year of 2009. DRAFT Next StepsFuture Inventories Having completed a baseline inventory, the City is well positioned to update its greenhouse gas inventories on an annual basis. Table 9 on the following page identifies steps City staff can take to facilitate and improve the data collection process for future inventories. Furthermore, incorporating energy costs into the inventory can facilitate identification of cost savings opportunities within an emissions reduction framework. Incorporation of energy costs was outside the scope of this inventory; however, Renton may benefit from incorporating cost data in future inventories. Conducting a municipal and community-wide greenhouse gas inventory serves as an integral first step for Renton. Achieving substantial reductions in greenhouse gas emissions will involve future inventories, sustained effort over time, and a portfolio of aggressive actions and initiatives by Renton and its citizens. 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 4 1 o f 7 3 1 DRAFT Next StepsTable 9. Issues for Renton to address to facilitate future inventories Inventory Component Sector Issue Recommendation Contact Municipal Electricity and natural gas consumption Data were only available in PDF form. All energy consumption data had to be manually digitized. Work with PSE to obtain data in a more usable form.David Namura, PSE Electricity and natural gas consumption Some energy accounts were combined, restricting ability to target individual facilities. Work to establish separate accounts for each facility. David Namura, PSE Tracy Schuld, Renton Accounting Manager Electricity and natural gas consumption Street and traffic lights were not distinguished between metered and flat-rate. Fleet fuel consumption Data were only available in PDF form. All vehicle type and use data had to be manually digitized. Establish a methodology for retrieving this data in a more usable form. David Hohn, Renton Fleets Manager Business Travel Received data did not specify vehicle type. Establish a methodology for tracking business travel by vehicle type. Tracy Schuld, Renton Accounting Manager Municipal Waste Was not measured in this inventory.Gather municipal waste data for next inventory. Linda Knight, Solid Waste Coordinator Community Lighting Energy Consumption Provided with a general “lighting” energy use value, contributed from both municipal and commercial operations. Allocate these general lighting accounts to specific sectors (municipal, commercial, residential, or industrial). David Namura, PSE 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 4 2 o f 7 3 1 5 c .   ‐   C o m m u n i t y   a n d   E c o n o m i c   D e v e l o p m e n t   D e p a r t m e n t   r e c o m m e n d s   a p p r o v a l   o f   t h e   " C r e a t i n g   a   C l e a n   E c o n o m y   i n   R e n t o n "   s t r a t e g y ;   a n d   P a g e 1 4 3 o f 7 3 1 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Adult Retail and Entertainment Meeting: Regular Council - 11 Apr 2011 Exhibits: l Draft Ordinance l Draft Resolution - Findings of Fact Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Rocale Timmons x7219 Recommended Action: Council concur to set a Public Hearing for April 25, 2011 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: Amend Title IV to supplement code section RMC 4-3-010, Adult Retail and Entertainment, with additional locational criteria. The current regulations were instituted over 20 years ago and since that time additional case law has been instituted creating the need for the City to re-evaluate its Adult Retail Entertainment ordinance. Currently RMC 4-3-010.A prohibits Adult Retail and Entertainment within 1,000 feet of any residential zone, residential use, school daycare, church, or park; due to recognized secondary effects. There is an exception for those parcels located within the Employment Area Valley (EAV) land use designation, which could possibly create a concentration of these establishments within this area. The proposed amendment primarily seeks to provide separation between Adult Retail and Entertainment establishments in order to address compounded adverse secondary effects caused by the concentration of these establishments in a single area. Specifically Adult Retail and Entertainment establishments: l Would be required to maintain at least a 1,000 foot separation; l Would not be able to share the same street frontage of any other Adult Retail and Entertainment establishment; l Limited along major transportation corridors; and l Limited where school age uses are anticipated. A resolution containing findings of fact has been drafted, by the City Attorney, in support of the proposed amendments. STAFF RECOMMENDATION: Set a public hearing for April 25, 2011 in order to consider the adoption of an ordinance amending the Adult Retail Entertainment regulations and the adoption of a Findings of Fact resolution in support of the ordinance. 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 144 of 731 DRAFT DRAFT 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-3-010, ADULT RETAIL AND ENTERTAINMENT REGULATIONS, OF CHAPTER 3, ENVIRONMENTAL REGULATIONS AND OVERLAY DISTRICTS, OF TITLE IV, (DEVELOPMENT REGULATIONS), OF ORDINANCE NO. 4260 ENTITLED “CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON”, TO AMEND THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Subsection 4-3-010A, Prohibited in Certain Areas, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended as follows: A. PROHIBITED IN CERTAIN AREAS: Adult motion picture theaters, peep shows, panorams, adult retail uses, and places of adult entertainment are prohibited: 1. Within one thousand feet (1,000') of any residential zone (RC, R-1, R-4, R-8, R-10, RM, COR or RMH) or any single family or multiple family residential use.; and 2. Within one thousand feet (1,000') of any public or private elementary or secondary school.; and 3. Within one thousand feet (1,000') of any family day care, day care center for children, nursery, or preschool.; and 4. Within one thousand feet (1,000') of any church or other facility or institution used primarily for religious purposes.; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 145 of 731 DRAFT ORDINANCE NO. ________ DRAFT 2 5. Within one thousand feet (1,000') of any public park with the exclusion of public parks which solely consist of a public trail or P-1 zone. EXCEPT: Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted within those zones within the Employment Area Valley (EAV) land use designation of the comprehensive plan and south of I-405, and are not subject to the distance requirements set out herein. SECTION II.Section 4-3-010, Adult Retail and Entertainment Regulations, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby amended to add a new subsection B, entitled “Exceptions”, to read as shown below. The remaining subsections B-E shall be re-lettered accordingly. B. EXCEPTIONS: Adult retail uses and adult entertainment businesses, as defined herein, shall be permitted provided the following locational criteria can be met: 1. Located within those zones of the Employment Area Valley (EAV) land use designation; 2. Located south of SW 16th Street; 3. Not located within one thousand feet (1,000’) of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and 4. Not located on a parcel that shares the same street frontage of any established adult motion picture theater, peep show, panoram, adult retail use, or place of adult entertainment; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 146 of 731 DRAFT ORDINANCE NO. ________ DRAFT 3 a. Parcels located along or taking primary access from the same street without a bisecting primary arterial shall be considered to share the same street frontage. b. Parcels located within five hundred feet (500’) of a street intersection shall be considered to have street frontage along both intersecting streets. 5. Not located between SW 43rd and SW 41st Streets; and 6. Not located within one thousand feet (1,000') of the Boeing “Longacres” property. SECTION III.Subsection 4-3-010B, Measurement Procedure, of Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton, Washington”, is hereby re-lettered as indicated in Section II of this ordinance, and amended as follows: BC. MEASUREMENT PROCEDURE: The distances provided in this Section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property, street or the land use district boundary line from which the proposed land use is to be separated. SECTION IV.This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2011. 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 147 of 731 DRAFT ORDINANCE NO. ________ DRAFT 4 Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2011. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 148 of 731 DRAFTDRAFT DRAFT DRAFT 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING FINDINGS OF FACT IN SUPPORT OF AN ORDINANCE AMENDING THE REGULATIONS REGARDING ADULT RETAIL AND ENTERTAINMENT IN THE CITY OF RENTON. I. OBJECTIVES WHEREAS, the City of Renton (hereinafter “the City”) and its representatives are committed to protecting the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests, through the promulgation and enforcement of laws regulating a sexually-oriented business (hereinafter “SOB”), obscenity, public indecency, and criminal and sexual offenses while not impermissibly encroaching on freedom of speech under the federal and state constitutions; and WHEREAS, the City reasonably believes that the regulation of SOBs is necessary because in the absence of regulations, significant criminal activity has historically and regularly occurred locally, statewide, nationally and internationally. A small part of this history is identified in the court decisions, articles, reports and studies noted throughout this resolution and as listed in the appendices. This history of criminal activity in, around and/or near SOBs has included, but is not limited to, rapes, assaults, sexual assaults, prostitution, serving alcohol to minors, physical and sexual contact between patrons and between entertainers and patrons, public indecency, narcotics and liquor law violations, harassment and stalking, breaches of the peace, disorderly conduct, organized crime, and the presence within the SOB industry of individuals with hidden ownership interests and outstanding arrest warrants; and WHEREAS, the City reasonably believes that the activities described above occur, in the absence of regulation or with insufficient regulation, regardless of whether the SOBs sell 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 149 of 731 DRAFT RESOLUTION NO. ________ DRAFT 2 alcoholic beverages; and WHEREAS, due to the information noted and/or referred to in the materials in the appendices regarding the connection of prostitution with adult entertainment businesses, criminal conduct and sexual conduct involving entertainers and patrons, there is a public health concern over sexually-transmitted diseases, entertainer safety, criminal enterprises and other undesirable negative secondary effects of SOBs. These concerns require regulation of SOBs in order to protect the health, safety and well-being of the City, its neighborhoods, the public and the entertainers; and II. AUTHORITY WHEREAS, the United States Supreme Court in City of Renton v. Playtime Theatres, Inc., has recognized that a municipality’s “interest in preserving the quality of urban life is one that must be accorded high respect”; and WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., also explained that the First Amendment did not require the City or any other municipality to conduct new studies or produce evidence independent of that already generated in other cities as long as the city reasonably believes that the studies and/or evidence that it relies on is relevant to the problem being addressed; and WHEREAS, consistent with City of Renton v. Playtime Theatres, Inc., the Barnes v. Glen Theatre, Inc., decision and other court decisions, the City has reviewed and relies on a variety of Washington state and the federal court decisions, various Washington state, national and international SOB studies, and the studies that those studies relied on, concerning SOBs; and WHEREAS, the City has both utilized and submitted a number of studies and reports to the Secondary Effects resource website (secondaryeffectsresearch.com). Some of the materials 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 150 of 731 DRAFT RESOLUTION NO. ________ DRAFT 3 that the City has reviewed were graciously shared by the City of Bothell and other materials were simply found on the Internet or requested from specific jurisdictions; and WHEREAS, some of the studies and court decisions, including but not limited to United States v. O’Brien, City of Renton v. Playtime Theatres, Inc., and O’Day v. King County, establish that municipalities may promulgate and enforce special regulatory treatment that relate to “time, place and manner” regulations as long as the municipality can demonstrate that it has a substantial governmental interest in regulating SOBs and the regulations permit reasonable alternative means of communication; and WHEREAS, the City, in an effort to comply with or meet the “content neutral” time, place and manner test of United States v. O’Brien, attempts to 1) regulate in a manner consistent with the power of the government; 2) further an important or significant governmental interest; and 3) ensure that interest is unrelated to suppressing speech; and 4) ensure that any incidental restrictions on speech are no greater than required to further that interest. Therefore, as noted below, there are sufficient important and substantial government interests to provide a constitutional basis for reasonable time, place, and manner regulations under which SOBs can operate; and WHEREAS, the City, attempts to comply with or meet the ordinance validity test of City of Renton v. Playtime Theatres, Inc., 1) by not banning SOBs altogether, but rather limiting their distance from other SOBs and sensitive places; 2) by not focusing on the alleged message of the SOB performances or conduct, but rather focusing on and addressing the negative secondary effects of SOBs; and 3) by designing the ordinance to serve a plethora of substantial governmental interests, including but not limited to reducing crime, protecting the patrons, the entertainers, families, and minors, and maintaining property values; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 151 of 731 DRAFT RESOLUTION NO. ________ DRAFT 4 WHEREAS, the City seeks to overcome the “shoddy data or reasoning” test of City of Los Angeles v. Alameda Books, by acknowledging preliminarily the bases for the City’s ordinance and by relying on the court decisions, the referenced studies in those court decisions and the court decisions, specific studies, reports and articles noted in the Appendices; and WHEREAS, the New York State Court of Appeals, the highest court in New York State, in For the People’s Theater v. City of New York found that “Alameda Books confirms that the reasonable discretion accorded most local legislative actions extends to adult use zoning. A local government implementing zoning that affects adult businesses must have a legislative record that establishes a substantial governmental interest in the subject matter of the regulation to justify restrictions on protected speech; however, the local government retains discretion to make its findings from studies or other supportive information before it, and to draw reasonable conclusions about which regulatory techniques will be most beneficial in addressing the findings.” WHEREAS, the City in this resolution considers the experiences, studies and conclusions of various Washington state municipalities of the specific adverse impacts of SOBs including nude and seminude dancing, as permitted by the United States and the Washington State Supreme Courts, as well as the experiences, studies and conclusions of various cities and/or towns throughout the United States; and WHEREAS, the decisions in Paris Adult Theatre I v. Slaton, Barnes v. Glen Theatre, Inc., and Seattle v. Marshall, as well as other court decisions, state that governmental bodies have a right to enact laws to maintain a decent society; and WHEREAS, as stated in Center for Fair Public Policy v. Maricopa County, and other court decisions, it is axiomatic that a community’s interest in curbing negative secondary effects 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 152 of 731 DRAFT RESOLUTION NO. ________ DRAFT 5 associated with SOBs is substantial; and that anecdotal evidence and reported experience can be as telling as statistical data and can serve as a legitimate basis for finding negative secondary effects; and WHEREAS, the Washington State Supreme Court stated in Seattle v. Buchanan that courts lack the constitutional authority to decide the wisdom and necessity of an ordinance; the Court cited the United States Supreme Court in Goesaert v. Cleary, to note that “[t]he Constitution does not require legislatures to reflect sociological insight, or shifting social standards, any more than it requires them to keep abreast of the latest scientific standards”; and other cases support Seattle v. Buchanan including but not limited to City of Los Angeles v. Alameda Books, G.M. Enterprises, Inc. v. Town of St. Joseph, WI, and Imaginary Images, Inc. v. Evans; and WHEREAS, this resolution in intended to be reliable evidence for the City Council identifying the adverse or negative secondary impacts of SOBs providing adult entertainment undertaken by the City prior to its adoption of an ordinance regulating the location of SOBs; such evidence resulted in findings of fact adopted by the City Council and approved by the United States Supreme Court in City of Renton v. Playtime Theatres; and WHEREAS, the City seeks to regulate only the negative secondary effects of SOBs, and does not intend to regulate the content of the entertainment, unless that content is obscene consistent with court decisions including but not limited to 44 Liquormart v. Rhode Island; and WHEREAS, for purposes of any future ordinances regulating SOBs, they are hereby defined as: 1.Adult media, arcades, theaters and video stores; 2.So-called gentleman’s club/strip clubs, adult cabarets; 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 153 of 731 DRAFT RESOLUTION NO. ________ DRAFT 6 3.Video peep booth business, or adult entertainment establishments; and/or 4.Any other business or sexual encounter establishment that features persons appearing in a state of nudity or live performances or photographic reproductions depicting or describing “specified sexual activities or specified anatomical areas;” and III. CRIMINAL CONDUCT AND/OR CONTACT WHEREAS, the City reasonably believes, based on its experiences with criminal sexual activity in or around SOBs, including some alleged “spas” and “massage parlors”, the court decisions, studies, and articles listed in the appendices, and by browsing internet blogs, that improper and illegal contact occurs in SOBs purporting to be engaged in a lawful business enterprise; and WHEREAS, the City, like King County in O’Day v. King County, Indiana in Barnes v. Glen Theatre, Pennsylvania in City of Erie v. Pap’s A.M., SOB, Inc. v. County of Benton, World Wide Video of Washington, Inc. v. City of Spokane, and legions of cities and counties throughout the United States, has a legitimate interest in preventing contact between nude entertainers and patrons thereby preventing otherwise-possible illegal public sexual contact and from the other types of criminal activity historically linked to the SOBs, thereby regulating conduct not expression; and WHEREAS, in Barnes v. Glen Theatre, a plurality found that an Indiana statute that prevented nudity was justified under Indiana law and the United States Constitution by the state’s traditional interest in regulating conduct to promote order and morality; and WHEREAS, in City of Erie v. Pap’s A.M., the Court found that the ordinance regulated negative secondary effects, that any impact on erotic “speech” was de minimis, and the court 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 154 of 731 DRAFT RESOLUTION NO. ________ DRAFT 7 refused to second-guess the motive for the legislation; and WHEREAS, in SOB, Inc. v. County of Benton, the Eighth Circuit surmised that live nude dancing restrictions may address negative secondary effects, such as drug use, prostitution, tax evasion, and fraud. A. Criminal conduct to be eliminated or mitigated. WHEREAS, by browsing recent Internet blogs the City has learned that public and openly discussed sexual and criminal occurrences in the Seattle metropolitan area SOBs occur: One SOB patron stated “[a] month ago, this place had possibility: the owner has apparently proven he doesn't grasp the basics of a strip club ecology. So unless I start hearing that all my old Rick’s (referring to a now-closed strip club) favorites still under the age of 35 are sucking and fucking in the VIP with wild abandon at cut-rate prices, I'll not be going back”; Another SOB patron stated “[a]nd apparently when I told my story of how I first got started at Rick's with Candy Cotton bursting my strip club VIP cherry way back when, she shocked me by saying CC was still working in the area”; Another SOB patron boasted that “within 2 minutes of walking in I was having sex with a stunner named Candy in the VIP lounge. $115 was the damage. It doesn't get that easy even in Thailand”; Finally, another SOB patron explained that his tour of a SOB revealed that there was “$20 ‘VIP’ couches with they’re [sic] own little stages so the girls can either get naked for you personally or come grind on you on the couch” and “it was hinted that things would get more raunchy with better tips”; and WHEREAS, in O’Day v. King County, entertainers were charged with crimes for exposing 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 155 of 731 DRAFT RESOLUTION NO. ________ DRAFT 8 their breasts below the areola, exposing public hair, rubbing breasts or buttocks or touching the genital area of customers and simulating acts of sex; the state supreme court noted that while nude dancer communication and expression are constitutionally protected, public nudity is not; obscenity is measured against community standards; the stage distance requirement served the lawful purpose of preventing potentially sexual contact between entertainers and patrons; and that “license requirements and sanctions have not been shown to infringe on any fundamental interest for the purpose of equal protection analysis”; and WHEREAS, in World Wide Video of Washington, Inc. v. City of Spokane, Spokane had relied on citizen testimony linking off-site businesses with pornographic litter and public lewdness, and this evidence, standing alone, was sufficient to meet the “very little” evidence standard of Alameda Books; and WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver noted that in addition to traffic, noise, and littering, residents complained that they saw people urinating, masturbating, and soliciting for prostitution in areas adjacent to SOBs; the most frequent crimes reported included disturbing the peace, public indecency, prostitution, drug-related violations, loitering, robbery, larceny, theft from motor vehicles, and public drinking or urinating; and WHEREAS, a vivid and graphic example of the type of activity sought to be prohibited was noted in California v. LaRue. In LaRue, the record contained evidence that “in licensed establishments where ‘topless’ and ‘bottomless’ dancers, nude entertainers, and films displaying sexual acts were shown, numerous incidents of legitimate concern to the Department had occurred. Customers were found engaging in oral copulation with women entertainers; customers engaged in public masturbation; and customers placed rolled currency 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 156 of 731 DRAFT RESOLUTION NO. ________ DRAFT 9 either directly into the vagina of a female entertainer, or on the bar in order that she might pick it up herself. Numerous other forms of contact between the mouths of male customers and the vaginal areas of female performers were reported to have occurred. Prostitution occurred in and around such licensed premises, and involved some of the female dancers. Indecent exposure to young girls, attempted rape, rape itself, and assaults on police officers took place on or immediately adjacent to such premises”; and WHEREAS, as illustrated in the 2002 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, some dancers were wrapping their breasts around the faces of tipping patrons and picking up tips from tippers’ laps with their lips, and to prevent or eliminate the need for patrons to make physical contact with the entertainers as illustrated in various studies including the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses study, any tips that the patron would like to leave for an entertainer must be placed in a container and not on or in the entertainer or his/her clothing, strings, orifice, hand or anything connected to the entertainer; and WHEREAS, in Daytona Grand, Inc. v. City of Daytona Beach, Florida the record contains statements that during an inspection, entertainers performed lap dances that simulated intercourse placing their buttocks in the lap of the patrons and began to manipulate their hips back and forth and up and down, while rubbing their bare breasts in the faces of the patrons and allowing the patrons to lick and suck their breasts; it was also established through studies by University of Washington Department of Psychology Professor Dr. William H. George that alcohol consumption and exposure to erotica resulted in, among other things, greater sexual arousal in the male patrons; and WHEREAS, as illustrated in Profitable Exploits: Lap Dancing in the U.K., these 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 157 of 731 DRAFT RESOLUTION NO. ________ DRAFT 10 allegations of sexual services being offered at some SOBs, extends well beyond our nation’s borders. Additionally, none of the SOBs visited during the study adhered to the terms and conditions of their business license. There was evidence that not only were patrons and entertainers making physical contact, there was evidence that sexual services were being offered and/or requested in the SOBs; and WHEREAS, it was noted in Profitable Exploits: Lap Dancing in the U.K., that dancers had allowed customers to touch them, sometimes intimately, in contravention of the club’s entertainment license; undercover officers had been offered sex in a private room by two dancers for £500; and that plainclothes police officers observed women dancing in a sexually suggestive manner, and offering the officers sex at a venue outside the club on the condition that they purchased two bottles of champagne at £80 per bottle; and WHEREAS, a Seattle P-I article entitled “Prostitution Charges Filed”, October 15, 2008, reported that three women and a man where charged with running massage businesses as brothels in Renton and Kirkland; that the eight-month investigation was initiated after an ad on Craigslist and online reviews critiqued the prostitutes; additionally, the business manager was a 35-year old registered sex offender who had previously been convicted of raping a child; and WHEREAS, another Seattle P-I article entitled “Salons Were Brothels, Feds say: Two-year investigation brings five arrests at homes, businesses, boat”, November 18, 2008, reported that two men were charged with conspiring to transport women for prostitution and to launder proceeds from brothels including one in Renton; women offered undercover officers sex for cash; the managers advertised with catch lines such as “sexy Asians”, “hot Asian girls”, and “adult entertainment”; and at the time of the arrests one neighbor, like many noted in this resolution stated that prostitution is rampant in the neighborhood, she has been propositioned 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 158 of 731 DRAFT RESOLUTION NO. ________ DRAFT 11 while walking her dog, and that she was tired of seeing condoms while she walked in her neighborhood; and B. Impact of this type of criminal conduct. WHEREAS, the study An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas explained that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of SOBs in one locale, the greater their impact on the neighborhood. The study identified that the two primary ways in which SOBs affect the neighborhood are 1) by their presence in the neighborhood, including signage and advertising, and 2) by the hours of operation and the type of people who they attract. Specifically, the “presence” of SOBs cause “dead zones” in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the “hours and clientele” of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the City also relies on a number of the listed studies including, but not limited to, the 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and Seattle’s 1989 Director’s Report, Proposed Land Use Code Text Amendment, Adult Cabarets, to reasonably believe that crime rises whenever an adult business opens or expands its operation and the change is statistically significant. Those increases are found in the serious crimes such as assault, robbery, burglary and theft and in so-called “victimless” drug, alcohol and sex-related offenses. Additionally, to quote the final report, “when an adult business opens within 1,000 feet of a tavern (or vice versa) the impact of the adult business on crime is aggravated substantially and significantly.” As a result, some of the conclusions of the report are that no SOB should operate 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 159 of 731 DRAFT RESOLUTION NO. ________ DRAFT 12 within 1,000 feet of a residence, and no tavern should be allowed to operate within 1,000 feet of a SOB and vice versa, which is consistent with cases including Daytona Grand, Inc. v. City of Daytona Beach, Florida, and G.M. Enterprises, Inc. v. Town of St. Joseph, WI; and WHEREAS, the 1989 Minnesota Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, noted that there was a close association between SOBs and high crime rates; neighbors noted that SOBs resulted in used condoms on their lawns and sidewalks, sex acts with prostitutes occurred in plain view of children and families, school-age girls and boys and young women were propositioned for sex, and one person even reported that he recovered 50 pieces of pornographic material from a church lot near an SOB. This report also explained how “organized crime” controlled and/or derived substantial profits from almost all of the pornography in the United States, from the top of the business down to the “independent smut peddler”. In fact, referring to a 1980 Pennsylvania report, the Minnesota report noted that most pornography stores were “affiliated or owned by one of three men who had ties with ‘nationally known pornography figures who are members or associates of organized crime families’”; and WHEREAS, the 1986 Report on Adult Oriented Businesses in Austin, noted, among other things, that sex-related crime rates were found to be 66% higher in areas with two SOBs rather than only one SOB. As a result, the City finds it necessary to keep the SOBs as far from other SOBs as is constitutionally permissible; and WHEREAS, the Report on Adult Oriented Businesses in Austin relied on several studies from other states such as: 1.The 1977 Study of Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, revealed among other things that prostitution in the 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 160 of 731 DRAFT RESOLUTION NO. ________ DRAFT 13 study area, Hollywood, was 15 times greater than the city average; 2.The 1978 Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, also for Los Angeles, found higher sex-related crimes, thefts, assaults, public intoxication and disturbing the peace near SOBs than non-SOB areas; 3.The Phoenix, Arizona, 1979 Adult Business Study, discovered among other things that SOB study areas had 43% more crime and over 500% more sex-related crimes; 4.The Minneapolis, Minnesota’s 1978 Effects on Surrounding Area of Adult Entertainment Businesses, uncovered that there was a statistically significant correlation between diminished housing values, crime rates and neighborhood deterioration and the location of SOBs; 5.It also referred to the Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984); and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas, illustrated that sex-related complaints such as public lewdness, sexual contact, obscenity, prostitution and solicitation occurred 14 times more in and around SOBs than in or around a bar; drug-related complaints such as permitting sale, sale or possession of drugs were three times more frequent in SOBs than in or around a bar; and administrative violations of sex offenses and drug offenses were eight and 19 times more frequent, respectively, in SOBs than bars; and criminal drug- and sex-related offenses occurred far more frequently in SOBs than in bars and could include both employees and customers, while criminal violations involving minors were more likely to occur in bars. To highlight the point, there were 54 criminal lewd conduct offenses in SOBs and none in a bar according to this study; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 161 of 731 DRAFT RESOLUTION NO. ________ DRAFT 14 WHEREAS, Talking Points: HB 2144 – Kansas Community Defense Act provides testimony from Carolyn McKenzie, a counselor to SOB entertainers, that 18% of the women were underage when they started stripping at clubs, 90% of them were single mothers supporting children, 75% of them had at least one sexually transmitted disease, 41% of them had a criminal history and 95% of them were using alcohol or [illegal] drugs; and WHEREAS, Talking Points: HB 2144 – Kansas Community Defense Act also presents testimony from David Sherman, a former SOB manager for Déjà vu strip bars, some of which are in Washington State, that 80% of the people involved in SOBs were involved in tax evasion and/or fraud; 90% of the SOB entertainers were using or dealing drugs; 35% of the girls were involved in prostitution; underage entertainers were frequently employed at SOBs; entertainers conspired with patrons to commit crimes such as dealing drugs, prostitution, credit card fraud and even computer theft; SOBs were used to launder counterfeit money for such things as drug dealing; and approximately 80% of all SOB owners are convicted felons; and C. Local jurisdictions similar to Renton suffer significant negative secondary effects. WHEREAS, according to the US Census, the City of Federal Way and the City, between 2006 and 2008, had roughly the same value for housing; percentage-wise, nearly identical demographics in terms of minority and non-minority population; and nearly identical demographics based on gender. According to the Washington State Office of Financial Management, in 2010, the City of Federal Way has a similar population in size to Renton at slightly less than 90,000 residents. As a result, the City views the City of Federal Way as a city with potentially similar concerns and therefore also relies on some of the data considered by the City of Federal Way; and WHEREAS, the City notes that the City of Federal Way in its 1995 Adult Entertainment 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 162 of 731 DRAFT RESOLUTION NO. ________ DRAFT 15 Legislative Record memorandum remarked “that there has never been an instance when an undercover officer has entered an adult entertainment establishment in the City [of Federal Way] when a criminal act was not occurring.” Additionally, Federal Way conceded that it “has insufficient police resources to continue ongoing undercover investigations at these establishments.” The City of Federal Way also observed at a SOB in that city there were approximately 24 criminal complaints in five months; and WHEREAS, the City of Federal Way in its study considered that: 1.In 1987 the City of Bellevue, which is immediately north of Renton, had “a high incident of criminal activity related to primarily prostitution and violations of [its] adult entertainment ordinance”; 2.In the summer of 1994 the City of Tukwila, which is immediately east of Renton, conducted SOB investigations that resulted in over 500 criminal convictions related primarily to sex crimes including 70 specifically for prostitution; 3.In the summer of 1981 the City of Kent, which is immediately south of Renton, used 57 hours of on-premises SOB investigations to initiate 162 criminal charges against 21 persons which amounted to there being a criminal charge every 20 minutes. The offenses were primarily prostitution and drug related offenses; 4.The City of Bothell found that a SOB can be a regional attraction based on its findings that of the 321 vehicles parked at the SOB, only eight were registered in the City of Bothell. In fact, some of the vehicle registrations were from other states; and 5.The cities of Detroit, MI, and Cleveland, OH, noted that the proliferation of SOBs added to the appearance of blight and appeared to reflect that crimes such as robbery and rape doubled; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 163 of 731 DRAFT RESOLUTION NO. ________ DRAFT 16 WHEREAS, the City of Federal Way concluded its consideration of negative secondary uses or impacts by noting other studies conducted revealed that SOBs resulted in “a reduction in property values of surrounding properties. These studies also conclude that adult uses are incompatible with residential, educational and religious uses. Finally, the City of Federal Way has experienced the negative secondary effect of the drain on municipal resources by having to allocate disproportionate police resources to” SOBs. D. Conclusions about the negative secondary effect of criminal contact or conduct. WHEREAS, the City has a significant interest in curtailing public sexual offenses consistent with the findings in the Fantasyland v. County of San Diego decision; and WHEREAS, SOBs that allow entertainers to mingle with customers foster an environment that pressures entertainers into acts of prostitution and other sexual contact with customers as illustrated by the 2003 Kentucky study Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses. Regulations that require entertainers to maintain a certain distance from customers are difficult to enforce and are frequently violated. Restricting entertainers to a performance area affords the entertainers their constitutional right to express themselves, while discouraging prostitution and other sexual contact with customers; and WHEREAS, the City, in an effort to only restrict conduct and unprotected obscene expression, will prohibit physical contact, require a minimum distance between entertainers and patrons, and prohibit the exposure of certain body parts to public view except as provided for by a stage requirement and by an exception for non-obscene dances and exhibitions; and WHEREAS, as in Buzzetti v. City of New York, any performance, dance or show that emphasizes or regularly features the following will be prohibited in any Renton SOB-related ordinance: 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 164 of 731 DRAFT RESOLUTION NO. ________ DRAFT 17 “Specified sexual activities” are: (i) human genitals in a state of sexual stimulation or arousal; (ii) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast. “Specified anatomical areas” are: (i) less than completely and opaquely concealed: (a) human genitals, pubic region, (b) human buttock, anus, or (c) female breast below a point immediately above the top of the areola; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely concealed; and WHEREAS, it was noted in Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, “some massage parlors serve as fronts for sexual activity of various types. There is no Constitutional right to a massage.” “There is thus no Constitutional protection afforded such businesses beyond general Constitutional rights such as the right to due process. There are, however, legitimate massage therapists who have professional training, abide by professional codes of ethics and offer non-sexual services that are beneficial to many people”; and WHEREAS, as a result of the City’s reoccurring and long-standing problem with prostitution occurring in alleged massage, massage alternative and related spas or parlors, undercover operations that involved “massages therapists” disrobing, climbing on top of undercover officers, touching the officers’ genitalia, and/or offering a variety of sexual encounters; and that these operations have resulted in a number of successful criminal prosecutions; and the fact that some of these “spas” or “parlors” advertise based on the appearance of the “girls”, that some of the massage therapists have long 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 165 of 731 DRAFT RESOLUTION NO. ________ DRAFT 18 fingernails that seem to suggest that they would have a difficult time massaging anyone; and consistent with the findings in Minnesota’s Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, and Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values , in addition to each masseuse, massage therapist, or alternative treatment therapist having to be licensed with the City and the State of Washington, these people shall be prohibited from administering massages or “treatments” to persons of the opposite sex; and WHEREAS, Renton will ban massage establishments except those operated by licensed massage therapists or as parts of clinics operated and supervised by licensed medical professionals; and WHEREAS, even if these conclusions from those intimately involved in or close to SOBs are exaggerated, talking half of the numbers or percentages would still leave significant problems that cannot be ignored. Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial governmental interest in preventing and/or abating. This substantial governmental interest in preventing the negative secondary effects, which is the City’s rationale, exists independent of any comparative analysis between SOBs and non-SOBs. That said, the 2009 study An Assessment of the Adult Entertainment Industry in Texas did compare and demonstrate an increase in sex-related offenses at SOBs as compared to non-SOBs. Additionally, the City’s interest in regulating SOBs extends to preventing future negative secondary effects of either current or future SOBs that may seek to operate in the City of Renton; and WHEREAS, in an effort to follow and comply with O’Day v. King County, the City will 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 166 of 731 DRAFT RESOLUTION NO. ________ DRAFT 19 enforce a distance requirement thereby regulating conduct and not speech; and WHEREAS, as recommended in the 1989 Minnesota Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, in addition to traditional prosecution, RICO prosecution at the state (RCW 9A.82, Criminal Profiteering Act) or federal level, forfeiture of property, revocation of a business license and related penalties may be warranted; and IV. PROPERTY VALUES AND SOB IMPACT ON NEIGHBORHOODS AND BUSINESSES WHEREAS, the City reasonably believes that SOBs have a significant and well-documented history of actual negative secondary effects on neighborhoods and surrounding properties; and WHEREAS, numerous studies, including but not limited to An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas, note that SOBs have an actual negative secondary impact on the surrounding properties in part by their presence in the neighborhood, including signage and advertising and specifically, because SOBs cause “dead zones” in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the “hours and clientele” of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the 2008 Pennsylvania State Resolution No. 245, noted that the landmark New York City Adult Entertainment Study concluded that the presence of SOBs tend to produce negative secondary effects such as increased crime, decreased property values and reduced shopping and commercial activities. Specifically, the Pennsylvania resolution referred to the 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 167 of 731 DRAFT RESOLUTION NO. ________ DRAFT 20 following studies: 1.The 1984 Adult Entertainment Businesses in Indianapolis: An Analysis, which found that the average annual rate for major crimes in areas with adult uses was 23% higher than the corresponding rate for control areas, and the rate for sex-related crimes was 77% higher in the study area than the control area; 2.The 1986 Report on Adult Oriented Businesses in Austin (which was not referred to by name in the Pennsylvania resolution), which found that areas with SOBs had sex-related crimes two to five times the citywide average and 66% higher in study areas than control areas; 3.The resolution refers to the studies of Cleveland, Los Angeles and elsewhere that note that crime rates rise between 15% to 77% in areas with SOBs from areas without SOBs; and 4.A report by the American Planning Association which found that real estate professionals believe that SOBs have a significant negative impact on both residential and commercial properties; and WHEREAS, real estate appraisers have testified that the presence of SOBs in an area depresses property and rental values. The Adult Entertainment Businesses in Indianapolis: An Analysis reveals that at the time when the Indianapolis residential housing market saw a decrease of 50% in listings, listings within the study areas increased thereby resulting in twice as many houses being placed on the market at substantially lower prices than would have been expected. Indiana’s national survey of certified real estate appraisers revealed that of those asked, 75% of the real estate appraisers felt that even an adult bookstore (generally perceived as less offensive than a strip club), located within one block would have a negative effect on the property values; specifically, 80% of appraisers believed that there would be a negative impact 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 168 of 731 DRAFT RESOLUTION NO. ________ DRAFT 21 on residential property values within one block of an SOB, and 72% of appraisers felt that commercial property values would be negatively impacted by having a SOB within one block; and WHEREAS, of those same real estate appraisers, 64% for residential properties and 77% for commercial properties, believed that those respective neighborhoods would be negatively impacted by the presence of an adult bookstore located three blocks from the neighborhood; and while recognizing that the statistics do not absolutely prove the negative secondary impacts listed, they concluded that it was reasonable and prudent for a municipality to exercise its zoning power to regulate SOBs and to mitigate those secondary impacts. These findings are consistent with the general findings related to property value in 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard; and WHEREAS, the City of Austin’s 1986 Report on Adult Oriented Businesses in Austin revealed that real estate and lending firms generally noted that SOBs make homes less attractive to families, thus lowering demand and property values, and others stated that SOBs lead mortgage underwriters to believe that the neighborhood is in decline, this making 90-95% of financing more difficult. Austin’s report also noted that Amarillo, Texas found in addition to higher crime rates near SOBs, the late operating hours of most SOBs created special problems to surrounding neighborhoods in the form of noise, glare and traffic. Beaumont, Texas’s study revealed that the concentration of SOBs drove away neighborhood commercial stores and contributed to an increase in crimes such as prostitution, drug offenses and muggings; and WHEREAS, these findings are corroborated by the 2008 Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, which remarks that the 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 169 of 731 DRAFT RESOLUTION NO. ________ DRAFT 22 businesses or uses with the greatest negative impact on market value of a single-family home if located within 500 feet are Adult Media & Video Store, retail sales only (97%), the so-called Gentleman’s Club/Strip Club (96%), Video Peep Booth Business (96%), followed by a landfill (96%) and a homeless shelter (95%). The study also notes that these same businesses or uses only begin to have no measureable impact at a distance of more than a half-mile (2,640 feet) from a single-family home; and WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, revealed that the most frequently mentioned negative secondary impacts were neighborhood appearance, litter, traffic and decreased property values; and WHEREAS, the 1989 Minnesota Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, suggests that communities should adopt zoning ordinances which set distances between SOBs, SOBs and liquor establishments, restrict use to one building, and set distance requirements between SOBs and sensitive areas or uses, including but not limited to residential areas, schools, child care facilities, churches and parks. Minnesota’s studies noted that there was a close association between SOBs, and low housing values in a neighborhood; and WHEREAS, the City of Des Moines, WA, conducted Des Moines Adult Use Study in 1984 and found, in addition to the typical perceived or anticipated concerns about SOBs, that public perception of SOBs in Des Moines resulted in numerous business failures in commercial areas near the Des Moines SOB. This was evidenced by the fact that business turnover around the SOB was approximately four times the average in other comparable areas in downtown Des Moines; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 170 of 731 DRAFT RESOLUTION NO. ________ DRAFT 23 WHEREAS, the Des Moines’ study also revealed that SOBs do in fact, and did in fact, deter people from shopping in the vicinity of the SOB causing serious negative economic impact, people perceived that the downtown business area was severely deteriorated to some degree because of the SOB, and the SOB thwarted or was anticipated to thwart revitalization efforts in Des Moines; and WHEREAS, as noted in Seattle’s 1989 Director’s Report, Proposed Land Use Code Text Amendment, Adult Cabarets, and 2006 Adult Cabarets in Seattle, in addition to fear about a variety of crime, citizens also had concerns about declining property values and increasing insurance rates; and WHEREAS, according to Adult Business Study, Town and Village of Ellicottville, Cattaraugus County, New York, even locations, such as Ellicottville, NY, which at the time of their study had no SOBs found that residential properties, historic business districts, churches, child care facilities, parks, playgrounds and civic facilities were “most sensitive to the adverse effects of adult uses”; and WHEREAS, the Supreme Court in City of Renton v. Playtime Theatres, Inc., concluded that “reasonable alternative avenues” for erotic conduct existed when the City left approximately 520 acres, or more than five percent of the entire city, available to potential adult theater sites, despite that fact that most of the acreage might not be “commercially viable”. Additionally, the Court stated that SOB owners like other commercial business owners “must fend for themselves in the real estate market, on an equal footing with other prospective purchasers and lessees, does not give rise to a First Amendment violation”; and WHEREAS, in furtherance of and in a justified use of the City’s police powers, for the purpose of protecting the general welfare, public health, safety, peace, property values, 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 171 of 731 DRAFT RESOLUTION NO. ________ DRAFT 24 reputation and tranquility of Renton, its residents, and its guests, any ordinance regulating SOBs shall prohibit SOBs from being within 1,000 feet of the listed sensitive areas: 1.A residential zone; 2.A family dwelling; 3.A church, synagogue, temple or other recognized house of worship; 4.A park or playground; 5.A school; 6.A day care center or community center; 7.A youth-oriented business 8.A public library; 9.Another SOB; 10.An alcohol serving tavern, bar, dance hall, restaurant or similar business, or 11.A motel or hotel that offer rooms for an less than a full evening or night; and V. NO ALCOHOL MAY BE SERVED AT SOBs WHEREAS, consistent with the finding of the New York State Court of Appeals in New York State Liquor Authority v. Bellanca, the City reasonably believes that money, nudity and liquor or alcohol all too often result in undesirable conduct in public and/or unlawful transactions in private; and WHEREAS, it has been established in court decisions, including but not limited to Barnes v. Glen Theatre, Inc.; City of Erie v. Pap’s A.M.; California v. LaRue; Daytona Grand, Inc. v. City of Daytona Beach, Florida; New York State Liquor Authority v. Bellanca; For the People’s Theater v. City of New York; and Fantasyland v. County of San Diego; that the City may rely on prior court decisions for findings of negative secondary effects and in these cases that courts 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 172 of 731 DRAFT RESOLUTION NO. ________ DRAFT 25 have found that the SOB ordinances sought to eliminate or mitigate the negative secondary effects such as prostitution, attempted rape, rape, murder, and assaults on police officers in and around establishments dealing in alcoholic beverages, that actual and simulated nudity and sexual conduct and the depiction thereof coupled with alcohol in public places begets undesirable behavior, that sexual, lewd, lascivious, and salacious conduct among patrons and employees within establishments dealing in alcoholic beverages results in violation of law and dangers to the health, safety and welfare of the public; and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas detected a relationship between alcohol consumption and incidents of violence and sexual violence against women. Finally the analysis on the frequency of rape (23%), threats of rape (48%), in a SOB and general allegations of sexual contact, underage girls working, young women being trafficked into a SOB was startling; and WHEREAS, for the purpose of mitigating the negative secondary effects noted in various studies including but not limited to the 1991 Final Report to the City of Garden Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, and the 1998 A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, and cases including but not limited to Daytona Grand, Inc. v. City of Daytona Beach, Florida, the City will require that no SOB operate within 1,000 feet of an alcohol-serving tavern, bar, dance hall, restaurant or similar business; and VI. LICENSING REQUIREMENT WHEREAS, the City reasonably believes that each SOB, SOB employee, and SOB owner must be licensed in the City of Renton as a prerequisite to the SOB operating in the City because in the absence of regulation the City reasonably believes that the exploitation of minors, 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 173 of 731 DRAFT RESOLUTION NO. ________ DRAFT 26 women, aliens and resident aliens, as well as local, state and federal crimes occur; and WHEREAS, under Young v. American Mini Theatres, Inc., and Northend Cinema v. City of Seattle, the City’s planning effort must be accorded a sufficient degree of flexibility for experimentation and innovation; and WHEREAS, based on various studies including but not limited to the 2009 An Assessment of the Adult Entertainment Industry in Texas, the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 – Kansas Community Defense Act, the 2002 and 2004 Sexually Oriented Businesses, An Insider’s View reports, the 1997 Strip Club Testimony, Profitable Exploits: Lap Dancing in the U.K., and anecdotal incidents of stripper prostitution, thefts, and conspiracy to commit the same, and to protect the general welfare, public health, safety, peace, property values, reputation and tranquility of the City, its residents, and its guests, to prevent the exploitation of minors, to ensure that each SOB entertainer is an adult, to ensure that SOB entertainers have not assumed a false name which would make regulation of the entertainer difficult or impossible, and to ensure that those who have been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years, do not engage and do not have an opportunity to engage in that conduct at the SOB or in the City, it is necessary to license entertainers in SOBs, and SOB owners, investors and/or managers; and WHEREAS, under the World Wide Video v. City of Tukwila court decision, reasonable license fees are permissible if required and designed to defray the substantial expenses incurred by Code Compliance, the Police Department, the City Attorney’s Office, the Court, the Finance and Information Technology Department, the Hearing Examiner’s Office or any other 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 174 of 731 DRAFT RESOLUTION NO. ________ DRAFT 27 department or unit of the City of Renton involved in regulating SOBs or enforcing laws related to SOBs; and WHEREAS, under various sources, including but not limited to the 2002 Sexually Oriented Businesses, An Insider’s View report, it has been found that, in the absence of regulation, some known and some unknown or hidden owners or proprietors have used SOBs for the purposes of skimming profits, avoiding the payment of taxes, money laundering and counterfeit money exchanging. It has also been found that some of these persons with ownership interests have ties or history with organized and white-collar crime elements. In an effort to follow and comply with the World Wide Video v. City of Tukwila court decision, and in order to effectively protect the general welfare, public health, safety, peace, reputation and tranquility of the City, its residents, and its guests, each owner or person with an financial interest or whom derives financial benefit from an SOB doing business in Renton must fully and completely apprise the City of their SOB financial interest. This information shall be in the form of a sworn statement, and must be updated at the time that the SOB’s business license is renewed; and WHEREAS, in City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., the United States Supreme Court held that there must be “prompt judicial review” in the context of SOB licensing schemes; and WHEREAS, in FW/PBS, Inc. v. City of Dallas, (holding modified by City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., supra), the municipality must make the licensing decision within a specified and reasonable time period during which the status quo is maintained, and second, prompt judicial review must be available in the event that the license is erroneously denied; and WHEREAS, in A Report on the Secondary Impacts of Adult Use Businesses in the City of 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 175 of 731 DRAFT RESOLUTION NO. ________ DRAFT 28 Denver, it was noted that most SOBs in Denver have had their business licenses suspended due to public indecency, including masturbation, fondling and deviate sexual intercourse; and WHEREAS, in Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, Minnesota’s Attorney General’s Office recommended among other things, that communities should adopt regulations which authorize denial or revocation of licenses when the SOB licensee has committed offenses relevant to the operation of the SOB; and WHEREAS, consistent with the City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., decision, SOB licenses shall be denied if the applicant 1) is underage; 2) provides false or incomplete information; 3) has had within the prior five years an adult business license revoked or suspended; 4) has operated an adult business anywhere that was determined to be a public nuisance within the prior five years; 5) if a corporation is not authorized to do business in the state; 6) has not timely paid taxes, fees, fines, or penalties; 7) has not obtained a sales tax license (for which zoning compliance is required); or 8) has been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years; and WHEREAS, in an effort to follow and comply with the World Wide Video v. City of Tukwila and City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., decisions, absent some extraordinary circumstance, all licensing and permit decisions related to SOBs and SOB managers, owners and employees shall be completed promptly in accordance with state law; and WHEREAS, owners or managers of a SOB shall maintain records, statements, books, or accounts necessary to determine the amount of tax and business license fee for which the owner or manager is liable; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 176 of 731 DRAFT RESOLUTION NO. ________ DRAFT 29 WHEREAS, as a condition of licensure, the appropriate City representative or his or her designee, bearing adequate credentials, shall have the right to enter any licensed premises at any time during business hours without notice to insure compliance with the ordinance, and it shall be unlawful for a person to prevent or deny any such entry. Failure to permit the inspection shall be a basis to close the SOB and review its business license and all licenses or permits related to the business. Such inspections, in the absence of any recent violation, should be conducted no more than five times a month. That representative or designee shall have authority to view any area open to the public or available to patrons consistent with Annex Books, Inc. v. City of Indianapolis. Considering the potential, and frequently present, violations of law and risks to the public health and sanitation, the representative or designee shall have the power to determine if such areas open to the public or available to patrons of the SOB are in a sanitary condition, and no warrant is necessary as: 1. There is a substantial governmental interest that informs the regulatory scheme pursuant to which the inspection is made; 2. The warrantless inspection is necessary to further the regulatory scheme; and 3. The ordinance’s inspection program, in terms of the certainty and regularity of its application, provides a constitutionally adequate substitute for a warrant; and WHEREAS, under various sources including but not limited to the 2002 Sexually Oriented Businesses, An Insider’s View report, there is a likelihood that persons who violate adult entertainment regulations are repeat offenders, and to deter unlawful behavior the SOB regulations shall include provisions to deny or revoke a license to perform, manage or be employed at an SOB if that person is shown to have violated SOB laws in the past; and WHEREAS, it is necessary to have a licensed manager on the premises of any and all 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 177 of 731 DRAFT RESOLUTION NO. ________ DRAFT 30 SOBs at all times of operation so that the manager(s) will be responsible for the conduct of or in the establishment, including the actions of entertainers, other employees, and patrons. This person will be required to have cleared a criminal and tax background check and affirm that he is not working with and/or for, officially or unofficially, any person who has been convicted or pled nolo contendere for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes within the prior 10 years to ensure that persons with that history do not engage and do not have an opportunity to engage in that conduct at the SOB or in the City of Renton based on various studies, including but not limited to the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 – Kansas Community Defense Act, Sexually Oriented Businesses, An Insider’s View reports from 2002 and 2004, Strip Club Testimony, from 1997, and anecdotal incidents of money laundering, tax evasion, prostitution, thefts and conspiracy to do the same; and WHEREAS, consistent with the United States Supreme Court decision in Arcara v. Cloud Books, Inc., and because this is not a prior restraint on the dissemination of materials and because the closure has nothing to do with expressive conduct, the City may close any SOB for one year if a licensee, owner or manager permits masturbation, fellatio, solicitation for prostitution, sexual offenses, obscenity, organized crime, conspiracy, tax or financial crimes to occur on the premises or on SOB property; and WHEREAS, a license to operate a SOB shall be revoked after a hearing before the appropriate City designee if: 1) the license had been suspended within the past year; 2) the licensee gave false information to the licensing officer or City; 3) the licensee or an employee had knowingly permitted the use or sale of a controlled substance; or 4) had knowingly allowed prostitution; or 5) had knowingly operated during a period when the license was suspended; 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 178 of 731 DRAFT RESOLUTION NO. ________ DRAFT 31 and 6) excepting private rooms in motels, had knowingly allowed a variety of sexual conduct to occur; and WHEREAS, businesses alleging that they are private social clubs will be analyzed under the standard set forth in Hendricks v. Commonwealth. In Hendricks, the Kentucky Supreme Court, in order to determine the legitimacy of the “members-only” organization considered a variety of factors from various other state court decisions and the United States v. Lansdowne Swim Club decision. The factors that the City will consider are: 1. The substantiality of membership dues; 2. The lack of a numerical limit on club membership; 3. The membership’s control over the selection of new members; 4. The formality or lack of formality of the admission procedures; 5. The standard for admission; 6. The membership’s control or lack of control over the operation of the club; 7. The purpose of the club’s existence; 8. The use of the facility by non-members; and 9. The history of the organization; and VII. ENTERTAINERS MUST BE EMPLOYEES WHEREAS, the City reasonably believes, as it was noted in Profitable Exploits: Lap Dancing in the U.K., entertainers were not employees and as a result they had no employment rights. They paid to work at the SOB, thereby resulting in a feeling of pressure to secure private dances to generate revenue, especially if they were in debt to the SOB; they had no dedicated dressing rooms; they endured threats of physical violence and demands for sex; and private “dances” were the only legitimate way for entertainers to make money; and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 179 of 731 DRAFT RESOLUTION NO. ________ DRAFT 32 WHEREAS, to address the problem of no Fair Labor Standards Act (FLSA), health care, sick days or state or federal benefits or protections for entertainers, the City requires that SOBs hire entertainers as employees rather than independent contractors. Based on the 2002 An Inside Look: The Life of the Exotic Dancer Profitable Exploits: Lap Dancing in the U.K., 2002 An Inside Look: The Life of the Exotic Dancer, the 2002 and 2004 Sexually Oriented Businesses, An Insider’s View reports, the 1997 Strip Club Testimony, and other reports and/or court decisions, the City reasonably believes that this is appropriate and necessary since many SOBs control when entertainers will work, the amount of hours they work, the amount of nudity, the number of songs or dances, the order in which the entertainers perform, and the length and/or nature of employment, including whether an entertainers may perform at a different SOB; and WHEREAS, based on various studies including but not limited to the 2002 An Inside Look: The Life of the Exotic Dancer, 2002 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, the 2010 Talking Points: HB 2144 – Kansas Community Defense Act, the 2002 and 2004 Sexually Oriented Businesses, An Insider’s View reports, the 1997 Strip Club Testimony, and anecdotal incidents of money laundering, tax evasion and related offenses by requiring entertainers to be employees, SOBs can keep more detailed records for licensing, tax and related reasons. The City, the State of Washington, and the federal government can reasonably expect to receive a more accurate accounting of the income generated and more revenues; and VIII. SAFETY AND HOURS OF BUSINESS WHEREAS, the City reasonably believes that late hours, insufficient lighting, and inadequate measures to ensure the safety of entertainers leaving their employment creates an unreasonable risk for assault, rape, or inappropriate conduct on and/or near public streets and 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 180 of 731 DRAFT RESOLUTION NO. ________ DRAFT 33 sidewalks; and WHEREAS, as noted above, the study An Analysis of the Effects of SOBs on The Surrounding Neighborhoods in Dallas, Texas noted that not only do SOBs have an actual negative secondary impact on the surrounding properties, but also that the higher the concentration of SOBs in one locale, the greater their impact on the neighborhood. The study identified that the two primary ways in which SOBs affect the neighborhood is 1) by their presence in the neighborhood, including signage and advertising and 2) by the hours of operation and the type of people who they attract. Specifically, the “presence” of SOBs cause “dead zones” in commercial areas where shoppers do not want to be associated and where they do not want their children to walk, and the “hours and clientele” of SOBs result in more crime, loitering, unsavory people including prostitutes, and noise based on traffic and disturbances; and WHEREAS, the 2009 An Assessment of the Adult Entertainment Industry in Texas, considered the regulation measures of other jurisdictions, including but not limited to Ohio, which in 2007 set statewide standards prohibiting touching of nude dancers and required some SOBs to end most activity at midnight and suggested among other things, prohibiting closed and private rooms, implementing drug testing, and considering outdoor lighting and indoor video surveillance; and WHEREAS, A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, noted that the SOBs with the greatest negative impact are adult theaters or bookstores, which generally operate 24 hours a day, seven days a week; and WHEREAS, the City, for the purpose of avoiding crime incidental to all-night or late night 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 181 of 731 DRAFT RESOLUTION NO. ________ DRAFT 34 SOBs, and because crimes rise steadily after sundown as noted in the 2010 Secondary Effects of Sexually-Oriented Businesses, Testimony on Missouri House Bill 1551, requires that SOBs in Renton operate no earlier than dawn and no later than dusk and not on Sundays as permitted in Center for Fair Public Policy v. Maricopa County (as the City’s objectives would be achieved less effectively without these regulations). And the City notes, by way of example and to show that SOBs are being treated at least as well as other regulated alcohol related enterprises, that in some jurisdictions, Washington winery tasting rooms may only operate 8 hours a day; and WHEREAS, based on various studies including but not limited to the 2002 and 2004 Sexually Oriented Businesses, An Insider’s View reports, the 1997 Strip Club Testimony, the 2002 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, the 2009 An Assessment of the Adult Entertainment Industry in Texas, and anecdotal incidents of assaults, stalking, harassment and stripper rapes, including but not limited to “Stripper foils rape attempt in phony livery cab”, New York Daily News, February 19, 2008; “Man found guilty in abduction, rape of woman in Gwynn Oak”, Baltimore Sun, January 15, 2010, the City requires outdoor lighting, parking lot surveillance cameras (with police viewing access), and that SOB entertainers be escorted to their vehicles to ensure their safety; and WHEREAS, based on various court decisions and studies including but not limited to Fantasyland v. County of San Diego, the 2009 An Assessment of the Adult Entertainment Industry in Texas, the 2003 Kentucky Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Talking Points: HB 2144 – Kansas Community Defense Act, Sexually Oriented Businesses, An Insider’s View reports from 2004 and 2006, Strip Club Testimony, from 1997, and anecdotal incidents of stripper rapes, unlawful sexual contact, groping and prostitution, in order for the licensed manager(s) and law enforcement to enforce SOB 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 182 of 731 DRAFT RESOLUTION NO. ________ DRAFT 35 regulations, it is necessary to maintain a certain level of visibility upon the premises of SOBs providing adult live entertainment. Maintaining adequate lighting facilitates detection by managers and law enforcement of unlawful conduct. This visibility is related not only to lighting but also to an “openness” requirement so that there are no private, closed or VIP rooms, booths, or enclosures; this “openness”, in addition to aiding in the detection of unlawful conduct, also addresses potential health concerns with a hope that it decreases the likelihood of illicit sexual contact or activity and reduces the possible spread of HIV, AIDS or any other social or communicable disease; and IX. CONCLUSION WHEREAS, any incidental restrictions on First Amendment freedom is no greater than is essential to the furtherance of the City’s governmental interests. Since the statutory prohibition is not a means to some greater end, but an end itself, it is without cavil that the City believes that its efforts are a proper exercise of its legislative and police powers; that they serve a legitimate and substantial governmental interest to protect the general welfare, public health, safety, peace, property values, reputation and tranquility of Renton, its residents, and its guests; it regulates but does not prohibit this expressive conduct that is within the outer perimeters of the First Amendment; and it is narrowly tailored and prohibits only what the City seeks to regulate which is conduct and the time, place, and manner of that conduct; and 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 above findings accurately identify some but not necessarily all of the authority relied on by the City of Renton and will serve as the basis for the adoption of an 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 183 of 731 DRAFT RESOLUTION NO. ________ DRAFT 36 ordinance regulating and licensing SOB businesses, managers, and employees that provide adult entertainment in the City of Renton; providing for the safety of those businesses, their employees, potential patrons, and the community; preventing or at least mitigating the typical criminal secondary effects of SOBs; and preventing or at least mitigating the frequent negative effects that SOBs have on property values. 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:1467:10/21/10:scr 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 184 of 731 DRAFT RESOLUTION NO. ________ DRAFT 37 APPENDIX A 44 Liquormart v. Rhode Island, 517 U.S. 484; 116 S. Ct. 1495; 134 L. Ed. 2d 711 (1995)6 Annex Books, Inc. v. City of Indianapolis, 333 F. Supp. 2d 773; 2004 U.S. Dist. LEXIS 17341 (S.D. Ind 2004)31 Arcara v. Cloud Books, Inc., 478 U.S. 697; 106 S. Ct. 3172; 92 L. Ed. 2d 568 (1986)32 Barnes v. Glen Theatre, 501 U.S. 560; 111 S. Ct. 2456; 115 L. Ed. 2d 504 (1991)2, 6, 7, 26 Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998)18 California v. LaRue, 409 U.S. 109; 93 S. Ct. 390; 34 L. Ed. 2d 342 (1972)26 Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153; 2003 U.S. App. LEXIS 14918 (9th Cir. 2003), cert denied 541 U.S. 973; 124 S. Ct. 1879; 158 L. Ed. 2d 468 (2004)5, 36 City of Colorado Springs v. 2354 Inc., 896 P.2d 272 (Colo. 1995)32 City of Erie v. Pap’s A.M., 529 U.S. 277; 120 S. Ct. 1382; 146 L. Ed. 2d 265 (2000)26 City of Littleton, Colo. v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774; 124 S. Ct. 2219; 159 L. Ed. 2d 84 (2004)29, 30 City of Los Angeles v. Alameda Books, 535 U.S. 425; 122 S. Ct. 1728; 152 L. Ed. 2d 670 (2002)4, 5, 9 City of Renton v. Playtime Theaters, Inc., 475 U.S. 41; 106 S. Ct. 925; 89 L. Ed. 2d 29 (1986)2, 3, 6, 25 Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860; 2007 U.S. App. LEXIS 15361 (11th Cir. Fla. 2007)27 Fantasyland v. County of San Diego, 505 F.3d 996; 2007 U.S. App. LEXIS 24097 (9th Cir. 2007) 26, 36 For the People’s Theater v. City of New York, 6 N.Y.3d 63; 843 N.E.2d 1121; 810 N.Y.S.2d 381; 2005 N.Y. LEXIS 3349 (2005)26 G.M. Enterprises, Inc. v. Town of St. Joseph, WI, 350 F.3d 631; 2003 U.S. App. LEXIS 23936 (7th Cir. 2003), cert. denied, 125 S. Ct. 49, 160 L. Ed. 2d 16 (U.S. 2004)5, 12 Goesaert v. Cleary, 335 U.S. 464; 466, 93 L. Ed. 163; 69 S. Ct. 198 (1948)5 Hendricks v. Commonwealth, 865 S.W.2d 332 (Ky. 1993)33 Imaginary Images, Inc. v. Evans, 2010 U.S. App. LEXIS 14535 (4th Cir. Va. July 15, 2010)5 New York State Liquor Authority v. Bellanca, 452 U.S. 714; 101 S. Ct. 2599; 69 L. Ed. 2d 357 (1981)26 Northend Cinema v. City of Seattle, 90 Wn.2d 709; 585 P.2d 1153 (1978)27 O’Day v. King County, 109 Wn.2d 796; 749 P.2d 142 (1988)3, 6, 8, 20 Seattle v. Buchanan, 90 Wn.2d 584; 584 P.2d 918 (1978)5 Seattle v. Marshall, 83 Wn.2d 665; 521 P.2d 693 (1974)5 SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003), cert. denied, 540 U.S. 820, 124 S. Ct. 104, 157 L. Ed. 2d 38 (2003)6, 7 United States v. Lansdowne Swim Club, 713 F. Supp. 785 (E.D.Pa. 1989)33 United States v. O’Brien, 391 U.S. 367; 88 S. Ct. 1673; 20 L. Ed. 2d 672 (1968)3 World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004), as amended on denial of reh’g and reh’g en banc, (July 12, 2004)7, 8 World Wide Video v. City of Tukwila, 117 Wn.2d 382; 816 P.2d 18 (1991)28, 29, 30 Young v. American Mini Theatres, Inc., 427 U.S. 50; 96 S. Ct. 2440; 49 L. Ed. 2d 310 (1976)27 APPENDIX B A Report on the Secondary Impacts of Adult Use Businesses in the City of Denver, City Attorney’s Office with Contributions from Several City Departments, City Council, January 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 185 of 731 DRAFT RESOLUTION NO. ________ DRAFT 38 1998, Denver, CO, p.62 (1998)14, 15, 18 Adult Business Study, Planning Department , Phoenix, AZ, p.14 (1979)7 Adult Cabarets in Seattle, Department of Planning and Development, City of Seattle , City Council, City of Seattle, March 28, 2006, Seattle, WA, p.18 (2006)12 Adult Entertainment Businesses in Indianapolis: An Analysis, Department of Metropolitan Development, Division of Planning, Indianapolis, IN, p.85 (1984)7, 11 Adult Entertainment Legislative Record, Lindell, L.K. , Mayor and City Council, City of Federal Way, Federal Way, WA, p.16, August 1995 8 Adult Entertainment Study, Department of City Planning, New York, New York, 1994 11 Adult Use Zoning Study, Planning Department, City of Kent , City Council, City of Kent, November, 1982, Kent, WA, p.49 (1982)8 An Analysis of the Effects of SOBs on Surrounding Neighborhoods in Dallas, Texas, Peter Malin, MAI , Dallas, TX, p.23 (1997)6, 10, 18 An Assessment of the Adult Entertainment Industry in Texas: Comprehensive Report, Kellison, B., N. Busch-Armendariz, J. Jarrett, et al. , 80th Texas Legislature, March, , Austin, TX, p.202, (2009)14, 18, 19 An Inside Look: The Life of the Exotic Dancer, Schmidt, Devi Maria , Oregon Law Student Paper, Supervised by Professor C. Forell, Salem, , p.49, (2002)17 Des Moines (WA) Adult Use Study, R. W. Thorpe & Associates, 1984 12 Director’s Report, Proposed Land Use Code Text Amendment, Adult Cabarets, Department of Construction and Land Use, City Council, March 24, 1989, Seattle, WA, p.30 (1989)6, 12 Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, Division of Planning, Department of Planning and Economic Development; and Community Crime Prevention Project, Minnesota Crime Control Planning Board, Saint Paul, MN, p.65 (1978) 7 Man found guilty in abduction, rape of woman in Gwynn Oak, N. Madigan, Baltimore Sun, January 15, 2010 19 Pennsylvania State Resolution No. 245, The General Assembly of Pennsylvania, February 26, 2008 11 Profitable Exploits: Lap Dancing in the U.K., Bindel, J. , Edinborough City Council, August, 2004, Edinborough, U.K., p.64, (2004)14, 17 Prostitution Charges Filed, Pulkkinen, L, Seattle P-I, October 15, 2008 6 Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses, Attorney General’s Working Group, p.45 (1989)15 Report on Adult Oriented Businesses in Austin, Office of Land Development Services, Austin, TX, p.50 (1986)7, 11 Salons Were Brothels, Feds say: Two-year investigation brings five arrests at homes, businesses, boat, Castro, H. and Shukovsky, P., Seattle P-I, November 18, 2008 6 Sexually Oriented Businesses An Insider’s View, Former Dancer in Strip Clubs from Indiana, Ohio House Civil and Commercial Law Committee, April 28, 2004 17, 18, 19 Sexually Oriented Businesses: An Insider's View, David Sherman, Ohio Senate Judiciary Committee on Civil Justice, December 3, 2002, p.6, (2002)passim Site Visit Analysis: Sexually Oriented Entertainment & Related Businesses, Duncan Associates: Kelly, E.D. and Cooper, E.B. August 12, 2003 14, 16, 19 Staff Report, Amendment to Zoning Regulations, Adult Businesses in C-2 Zone with Conditional Use Permit, City Planning Commission , Whittier, CA, p.22, (1978)7 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 186 of 731 DRAFT RESOLUTION NO. ________ DRAFT 39 Strip Club Testimony, Kelly Holsopple, 1997 17, 18, 19 Stripper foils rape attempt in phony livery cab, Alison Gendar, Oren Yaniv and Michael White, New York Daily News, February 19, 2008 19 Study of the Effects of the Concentration of Adult Entertainment Establishments in the City of Los Angeles, Department of City Planning , Los Angeles, CA, (1977)7 Survey of Texas Appraisers: Secondary Effects of Sexually-Oriented Businesses on Market Values, Cook, C and Kelly, E.D. 2008 12 Survey, Findings and Recommendations of Sexually Oriented Businesses, Toledo, Ohio, Duncan Associates: Eric Damien Kelly and Connie B, Cooper, Toledo, OH, p.51, (2002)17, 19 Talking Points: HB 2144 – Kansas Community Defense Act, 2010 18, 19 Testimony on Missouri House Bill 1551, Richard McCleary, Ph.D. , Missouri House of Representatives, p. 15, March 31, 2010 18 The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard, McCleary, R. and J.W. Meeker, 1991, Garden Grove, CA, p. 96 14 5d. ‐ Community and Economic Development Department  recommends setting a public hearing on 4/25/2011 to consider City  Page 187 of 731 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: EnerGov Solutions Permitting and Licensing Software System Agreement Meeting: Regular Council - 11 Apr 2011 Exhibits: Issue Paper EnerGov Solutions Agreement Exhibits A, B, C, D, E, F, G, and H Submitting Data: Dept/Div/Board: Finance & Information Technology Staff Contact: Mehdi Sadri, IT Director; and Neil Watts, Dev Svs Director Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ $637,451 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: Since 2001, the City of Renton has used Permits Plus software to electronically record permit and inspections activities conducted within the City. The manufacturer of the current software system, Accela, has reported that this software is at the end of its life-cycle and they will no longer be supporting any updates in the very near future. After conducting the RFP process in 2009 spearheaded by members of the eCityGov Alliance to regionally replace their aging permitting software solutions, EnerGov Solutions was selected as the software of choice. Funding for this system was included in the 2011-2012 Budget. If approved by the City Council, the implementation process will start in April 2011 and last for 14 to 18 months with the projected go-live date for the new system in July 2012. STAFF RECOMMENDATION: Approve and authorize Mayor and City Clerk to execute the agreement with EnerGov Solutions for the purchase of a permit and licensing software system not to exceed $637,451. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 188 of 731 FINANCE AND INFORMATION TECHNOLOGY M E M O R A N D U M DATE:March 28, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Iwen Wang, FIT Administrator STAFF CONTACT:Mehdi Sadri, IT Director Neil R Watts, Development Services Director SUBJECT:EnerGov Solutions Permitting and Licensing Software System ISSUE Should the City purchase a new permit and licensing software system from EnerGov Solutions? RECOMMENDATION Staff recommends the Council authorize the purchase of EnerGov Solutions software system for an amount not to exceed $637,451 and authorize the Mayor and City Clerk to execute the agreement. BACKGROUND Since 2001, the City of Renton has used Permits Plus software system to electronically record permit and inspection activities. Permits Plus’ manufacturer, Accela, has told its customers that Permits Plus is at the end of its life cycle and that they will no longer be supporting it with updates in the very near future. The City joined an effort spearheaded by members of the eCityGov Alliance to regionally replace their aging permitting software solutions. In 2009, the Alliance sent out an RFP and the Renton’s core team and the Alliance members chose EnerGov Solutions as the software vendor of choice. Of the cities participating in this process, Kirkland and Redmond were first to start implementing EnerGov Solutions software in 2010, and expect to go-live in the 2nd and 3rd quarters of 2011. Other area cities that selected EnerGov Solutions systems are Bothell, Sammamish, Lynnwood, and Hillsboro, Oregon. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 189 of 731 Terri Briere, Council President Members of the Renton City Council Page 2 of 3 March 28, 2011 EnerGov Solutions offers many advantages over current Permits Plus system such as: ·Web-based interaction between Renton and its customers/citizens ·Online permit, license, inspection, and citizen action request services ·Online electronic plans’ review ·Enhanced work flow capabilities ·Integration with the City’s GIS software ·Microsoft Centric, including integration with Outlook ·Integrated credit card processing The implementation plan currently calls for implementation within 14 months from the kick-off meeting. The project cost including installation, training, and support for a two-year period is broken down into the following: Project costs 1.EnerGov Solutions software system and services Software Licenses $252,420 Implementation, training, data conversion 343,038 eCityGov Member Discount -69,546 1st Year Support 56,235 Sub-Total 582,147 Tax (9.5%)55,304 Total EnerGov including Tax $637,451 2.Staffing (2 years) $195,162 3.Hardware (servers, monitors, and laptops) 75,000 4.Project Contingency (~10%) 95,000 Total Costs $1,002,613 The project includes one limited term permit technician for a two-year term, software licenses, consulting, computer hardware (including larger monitors for electronic plan reviews, laptops for field inspectors, servers, and IVR system), and first year maintenance which begins after implementation and acceptance. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 190 of 731 Terri Briere, Council President Members of the Renton City Council Page 3 of 3 March 28, 2011 Funding The new software project is funded by a 3% permit technology fee passed by Council on November 5, 2010. Current budgeted funding is as follows: 2011 $500,566 2012 301,938 2013* 200,000 Total Budget $1,002,504 *2013 Budget is proposed for Council’s approval Attachment: EnerGov Solutions Agreement Cc: Jay Covington, CAO Marty Wine, Assistant CAO Iwen Wang, FIT Administrator Mehdi Sadri, IT Director Neil R Watts, Dev Svs Director 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 191 of 731 Confidential Information - Do Not Distribute 2010 EnerGov Solutions, LLC Contract Number – eCG-011011-REN This Master Customer Agreement is made and entered into as of the Effective Date (defined below) and between: EnerGov Solutions, LLC (“EnerGov”), a Georgia limited liability company located at 2160 Satellite Blvd, Suite 300, Duluth, Georgia 30097, and City of Renton, Washington (“Customer”), located at 1055 S. Grady Way, Renton, Washington 98057. EnerGov Solutions and Customer hereby agree as follows: This Master Customer Agreement (“Agreement”) consists of this signature page, the Terms and Conditions as Exhibit A attached hereto, the Proposal as Exhibit B attached hereto, the Statement of Work as Exhibit C attached hereto, the eCityGov RFP Exhibit D attached hereto, the EnerGov response to the eCityGov RFP as Exhibit E attached hereto, Insurance Certificate and Endorsement as Exhibit F attached hereto, and Source Code Escrow Agreement as Exhibit G attached hereto, and the Software Support Agreement as Exhibit H attached hereto. This Master Customer Agreement and that certain Software Support Agreement constitute the entire agreement between the parties on the subject hereof and supersedes all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral. This Master Customer Agreement does not operate as an acceptance of any conflicting or additional terms and conditions and shall prevail over any conflicting or additional provisions of any purchase order, RFP or any other instrument of Customer, it being understood that any purchase order or RFP issued by Customer shall be for Customer’s convenience only. This Master Customer Agreement may not be amended, modified, supplemented, or deviated from, except by a writing executed by authorized officials or employees of EnerGov and Customer. By executing this Master Customer Agreement, Customer and EnerGov acknowledge that they have reviewed the terms and conditions of this Master Customer Agreement and agree to be legally bound by the same. Effective Date of the Master Customer Agreement: _______________(“Effective Date”) EnerGov: Customer: EnerGov Solutions, LLC City of Renton, Washington By: ____________________________ By: _____________________________ (Print Name): ____________________ (Print Name): _____________________ Title: ___________________________ Title: ____________________________ Date: ___________________________ Date: ____________________________ Attest: ____________________________ Bonnie I. Walton, City Clerk Approved as to Legal Form: By :______________________________ Lawrence J. Warren, City Attorney 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 192 of 731 eCG-011011-REN Customer Initials: ______ EnerGov Initials: ______ Exhibit A Terms and Conditions Governing Master Customer Agreement Contract Number – eCG-011011-REN These Terms and Conditions are entered into by and between EnerGov Solutions, LLC and Customer as of the Effective Date as set forth on the Master Customer Agreement signature page to which these Terms and Conditions are attached. 1. Definitions. In addition to any other terms defined in this Agreement, the following capitalized terms shall have the following meanings: “Agreement” means the Master Customer Agreement and shall include the signature page of the Master Customer Agreement, these Terms and Conditions, the Proposal and any other schedules, attachments or addenda to which the parties have agreed and are listed on the Master Customer Agreement. “Acceptance” means the EnerGov Software has been installed, configured, has been placed into production use, and Customer has agreed in writing that the EnerGov Software is performing in accordance with the Documentation, except for minor or inconsequential errors. “Acceptance Date” means the date on which Customer provides written notification of Acceptance. “Affiliate” means a person or organization contractually associated with Customer for purposes of providing or assisting with services to the Constituency or for which Customer directly or indirectly provides administrative services to that agency or organization. “Alliance Partner” means a person or organization contracted to provide Constituency services to allied municipalities. “Business Partner” means a person or entity that requires access to the EnerGov Software or Documentation in connection with the operation of Customer’s or its Affiliates’ business. “Citizen User” means citizens who access EnerGov data through designated public-access portals. “Concurrent User” means User accessing or operating the EnerGov .NET Enterprise Business Software simultaneously with other Users of the software. “Constituency” means citizens and other members of the public to whom municipal services are provided. “Customer” means the entity executing the Master Customer Agreement with EnerGov to which these Terms and Conditions are attached. “Deliverables” means the Products, Services, Documentation, Statement of Work, and other Deliverables as identified in the Statement of Work. “Designated System” means the Customer’s computer and hardware operating systems which meet or exceed the minimum specifications set forth by EnerGov in the EnerGov response to the eCityGov Alliance RFP but may be changed from time to time to care for aging platforms that are no longer supported by the providers or to adapt to new technologies such as but not limited to cloud computing or new mobile devices. EnerGov agrees that it will notify Customer in advance and will be reasonable in providing sufficient advance notice and in the revised minimum specifications. “Documentation” means the eCityGov RFP, the EnerGov response to the eCityGov RFP, the Statement of Work, user documentation, operating manuals, training manuals, reference manuals, and other documentation from the following (written presentations, software brochures, whitepapers, and clarification emails). Documentation can be delivered to Customer in any format suitable for electronic viewing or paper-based viewing. “EnerGov Software” means any and all EnerGov software as listed in the Proposal, excluding public access portals via the Internet. “Fees” means all fees and expenses payable to EnerGov pursuant to this Agreement. “Go-Live” means the production use of the licensed EnerGov Software where the Customer is using the software to manage its normal operations. “Major Release” means a revision to the EnerGov Software indicated by a change in the first digit of the version number. “Minor Release” means a revision to the EnerGov Software indicated by a change in the second digit of the version number. “Object Code” means the binary machine-readable version of the EnerGov Software. “Public-Access Portal” means a web page designed and intended for citizens to requests permits, licenses or other information issued by Customer. “Products” means the EnerGov Software and Documentation. “Proposal” means the EnerGov software license and services proposal attached to and incorporated into the Master Customer Agreement to which these Terms and Conditions are attached. “Release” means either a Major Release or Minor Release issued by EnerGov with respect to EnerGov Software. “Services” means the Installation Services, Training Services, and/or any additional services to be provided to Customer pursuant to and in accordance with this Agreement. “Standard Rates” means the standard rates EnerGov charges for out-of-scope or other additional work or tasks or other efforts 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 193 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 2 not described in the Statement of Work (see Schedule 1 for initial Standard Rates). “Users” means the employees of Customer, employees of Customer’s Affiliates, and employees of Alliance Partners permitted to use the EnerGov Software as described in Section 2 below. 2. License of EnerGov Software. 2.1 Subject to these Terms and Conditions, including, without limitation, the payment of all Fees, EnerGov hereby grants to Customer and Customer accepts a perpetual, irrevocable, non-exclusive, non-transferable, non-assignable license: (i) To use only in the United States, and allow Users to use, the EnerGov Software in executable Object Code form only, on the Designated System for Customer’s internal, in-house purposes only to process Customer’s or its Affiliate’s data for transaction and reporting purposes; (ii) To make multiple non-operational copies of the EnerGov Software solely for training, development, testing, disaster recover, backup or archival purposes only; (iii) To use the Documentation as reasonably necessary for its internal use in connection with the EnerGov Software license granted pursuant to this Agreement; and (iv) that Customer may not have more than the number of Concurrent Users set forth in the Proposal. (v) provided, however, that no limit shall be placed on the number of Citizen Users accessing the EnerGov data through designated public-access portals. 2.2 Except as explicitly provided in this Section 2, no license under any patents, copyrights, trademarks, Trade Secrets, or any other intellectual property rights, express or implied, are granted by EnerGov to Customer under this Agreement. 3. Ownership; Reservation of Rights. 3.1 EnerGov reserves all rights not expressly granted herein. Customer, its Affiliates and its Alliance Partners may use the EnerGov Software and Documentation only to process Customer’s Constituency data and may not, and shall not permit any third party to, (i) use the EnerGov Software or Documentation for time-sharing, rental, or service bureau purposes; (ii) copy (except as permitted in this Agreement), sublicense, distribute, transfer, or transmit the EnerGov Software and Documentation, except as permitted in this Agreement or as otherwise agreed to in writing by both parties; or (iii) translate, reverse engineer, decompile, recompile, update, disassemble, or modify all or any part of the EnerGov Software and Documentation (including without limitation, any source code) or obtain possession of any source code or other technical material relating to the EnerGov Software, except that Customer has the right to take such action, directly or through an Affiliate or contracted third party, should EnerGov or its Assignee no longer sell or support the Software in any version and such actions are needed for Customer or its Affiliates to continue their productive use of the Software to run their business. Customer shall not allow any third party to have access to the EnerGov Software or Documentation without EnerGov’s prior written consent, which shall not be unreasonably withheld. Customer shall not remove any proprietary notices on the EnerGov Software and Documentation and shall affix all proprietary notices affixed to the EnerGov Software and Documentation delivered to Customer to all copies of the EnerGov Software and Documentation permitted to be made hereunder. 3.2 All patents, copyrights, circuit layouts, mask works, Trade Secrets, and other Proprietary Information in or related to the EnerGov Software and Documentation are and will remain the exclusive property of EnerGov, whether or not specifically recognized or perfected under the laws of the jurisdiction in which the EnerGov Software or Documentation is used or licensed. Customer will not take any action that jeopardizes EnerGov’s proprietary rights or acquire any right in the Software, the Documentation or other items of Proprietary Information. EnerGov will own all rights in any copy, translation, modification, adaptation, or derivation of the EnerGov Software, Documentation or other items of Proprietary Information, including any improvement or development thereof. Customer will obtain, at EnerGov’s request, the execution of any instrument that may be appropriate to assign these rights to EnerGov or perfect these rights in EnerGov’s name. 3.3In the event Customer requests and EnerGov agrees to develop any Modification or Extension (hereinafter referred to as "Customer Extension" or "Customer Modification") to the Software, Customer shall have all rights, title, and interest in such Customer Modification or Customer Extension subject to EnerGov's rights in the Software. Customer agrees to offer EnerGov the first right to negotiate a license to or assignment of such Customer Modification or Customer Extension and the parties agree to negotiate such rights in good faith. EnerGov agrees that such Customer Modification or Customer Extension will be used solely in connection with Customer’s business operations, and that such Customer Modification or Customer Extension will not be marketed, licensed or sublicensed, sold, assigned, or otherwise transferred or made available to any third party or other entity without prior written agreement from Customer. 3.4Notwithstanding Section 3.3, eCityGov Alliance owns the intellectual property for the MyBuildingPermit.com portal and any related interfaces, Modifications or Extensions to the Software from the MyBuildingPermit.com portal. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 194 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 3 4. Installation Services. 4.1EnerGov will deliver the EnerGov Software to Customer and install and configure such EnerGov Software (“Installation Services”) in accordance with the Statement of Work and the Proposal, and for the Fees set forth on, the Proposal. Notwithstanding the foregoing, all quoted installation dates, including dates related to terms such as “Installation”, and “Completion of Training”, on any Proposal or otherwise, are estimates only. 4.2The Installation Services shall not include any modifications to the EnerGov Software beyond what is described in the Proposal. Except as expressly provided in the Proposal, any modifications to the EnerGov Software requested by Customer and agreed upon by EnerGov shall be provided at EnerGov’s current time and materials rate. 4.3EnerGov warrants that its products are delivered free of viruses, malware or other similar dysfunctional software not intended to be included in EnerGov software provided to Customer. EnerGov agrees to promptly correct any such deficiency at no charge. 4.4 EnerGov warrants that each phase of the Installation Services will be performed diligently and in a timely manner by experienced and competent personnel with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or similar situation in accordance with applicable professional standards. Customer may request and receive alternate personnel in accordance with Section 34 of this agreement and any non-conforming phase shall be timely re-performed. 5. Training Services. EnerGov will provide on-site training services (“Training Services”), if any, in accordance with, and for the Fees set forth on, the Proposal. EnerGov and Customer shall schedule a mutually agreeable time to conduct the Training Services. 6. Support Services. Any EnerGov Software support services (“Support Services”) shall be provided to Customer if Customer enters into a separate EnerGov Software Support Agreement (“Support Agreement”). 7. Fees, Expenses, and Payment. 7.1 Customer agrees to pay to EnerGov: (i) the fees for the license of the EnerGov Software (“License Fees”) in the amounts set forth on the Proposal; (ii) the fees for the Training Services (“Training Fees”) in the amounts set forth on the Proposal; (iii) the fees for the Installation Services (“Setup and Installation Fees”) in the amounts set forth on the Proposal; and (iv) the amounts incurred by EnerGov for travel and travel related expenses. EnerGov agrees that such expenses shall be approved by Customer in advance, and shall be reasonable and compliant with Customer’s travel policies. 7.2 The aggregate sums of the Fees described in Section 7.1 shall be paid strictly in accordance with the payment schedule attached hereto as Schedule 1and upon receipt of Customer’s written completion of each phase of the implementation Upon advance written notice to Customer, EnerGov may permit a third party to bill the Customer and may direct Customer to pay the Fees to a third party. 7.3 Any Services provided by EnerGov at the request of, and with the approval of Customer that are not listed or described in the Statement of Work and/or Proposal shall be provided at EnerGov’s current standard rates as listed in Schedule 1. Additionally, Customer shall reimburse EnerGov for all other expenses reasonably incurred in rendering on-site Services to Customer. All time, materials and other expenses to be invoiced to Customer by EnerGov or its subcontractors must be approved in advance by Customer. 7.4 All Fees payable to EnerGov under this Agreement are net amounts to be received by EnerGov, exclusive of all taxes, whether federal, state, or local, however designated, that may be levied or based upon this Agreement or upon the Deliverables furnished hereunder (collectively, the “Taxes”) and are not subject to offset or reduction because of any Taxes incurred by Customer or otherwise due as a result of this Agreement. Customer shall be responsible for and shall pay directly, any and all Taxes relating to the performance of this Agreement, provided that this paragraph shall not apply to (i) taxes based upon the net worth, gross or net income of EnerGov (ii) taxes based upon the franchise of EnerGov, (iii) taxes based upon any equipment or software, other than that which is licensed in this Agreement, which are owned or licensed by EnerGov, or (iv) taxes paid by or for any employee of EnerGov. Customer reserves the right to review the tax charges and, in no event, will be responsible to pay more than is appropriate or actually paid under applicable law. EnerGov will pass on to Customer any tax refunds received or reimbursed with respect to the Customer’s previous payment(s). 7.5 All sums payable to EnerGov, except those in dispute, pursuant to these Terms and Conditions which are past due shall accrue interest at the rate of 1% per month or the highest legal rate allowed whichever is less, commencing with the date on which the payment was due. 7.6 Customer has the right to withhold payment for non- conformance to professional standards, excessive or unauthorized costs, or defects in deliverables until remedied, and no interest or late fees shall apply to such withholdings. 8. Confidentiality. 8.1 For the purposes of this Agreement, (i) “Proprietary Information” means Trade Secrets and Confidential Information; (ii) “Trade Secrets” shall have the meaning 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 195 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 4 assigned thereto in Section 19.108.010 of the Revised Code of Washington, as amended from time to time; and (iii) “Confidential Information” shall mean any confidential and proprietary material, data, or information (in whatever form or media) of either party which is of a special and unique nature and has tangible or intangible value including without limitation all non- public information pertaining to the Deliverables and information concerning or related to the business of either party that could be used as a competitive advantage by competitors if revealed or disclosed to such competitors or to persons revealing or disclosing same to such competitors. Both parties agree to hold such information in strictest confidence using the same degree of care as they employ with respect to their own confidential information. Both parties agree not to copy, reproduce, sell, license, market, give or otherwise disclose such information to third parties other than their attorneys, SoftResources LLC and as otherwise specifically provided herein, or to use such information for any purpose whatsoever, without the express written permission of the other party, other than for the performance of obligations hereunder or as otherwise agreed to herein. The obligations of confidentiality and non-disclosure imposed shall not apply to the following data and information (i) that was already known to that party prior to the date of disclosure to that party, (ii) which is published or otherwise becomes available to the general public as part of the public domain without breach of this Agreement, (iii) provided by a third party which is not known to involve a breach of the third party’s obligations to Customer or EnerGov, (iv) which the receiving party establishes was developed independently of confidential information furnished to it or (v) that is required to be disclosed to any court, government authority or regulatory authority or pursuant to requirement of law, including but limited to as required by state disclosure laws. 8.2 Both parties agree that, at all times during the term of this Agreement, and (i) with respect to all Proprietary Information constituting Trade Secrets, for so long thereafter as such Proprietary Information continues to constitute Trade Secrets (or for the period beginning on the last day of the term of this Agreement and ending on the fifth (5th) anniversary thereof, whichever is longer), and (ii) with respect to all Proprietary Information not constituting Trade Secrets, for the period beginning on the last day of the term of this Agreement and ending on the fifth (5th) anniversary thereof, Customer and EnerGov (A) shall hold such Proprietary Information in strict confidence, (B) shall not directly or indirectly disclose, divulge or publish to any third party any of such Proprietary Information, and (C) shall not directly or indirectly, on behalf of the other party or any other third party, use any of such Proprietary Information for any purpose other than solely as permitted in this Agreement. Both parties shall take all actions necessary to protect the Proprietary Information against any unauthorized disclosure, publication or use. Customer and EnerGov shall immediately notify the other party of any intended or unintended unauthorized disclosure, publication or use of any Proprietary Information by the other party or any third party of which either party become aware or reasonably should become aware. 8.3 Notwithstanding Section 8.2 hereof, in the event that either party becomes legally compelled (“Compelled Party”) (by deposition, interrogatory, request for production of documents, subpoena, civil investigative demand or similar process) to disclose any of the Proprietary Information, the Compelled party shall provide the other party with prompt prior written notice of such requirement so that the other party may seek a protective order or other appropriate remedy, and the Compelled Party will cooperate fully with the other party’s efforts to obtain any such order or other remedy. In the event that such protective order or other remedy is not obtained, the Compelled Party will furnish only that portion of the Proprietary Information which the Compelled Party is advised by written opinion of counsel is legally required, and shall not be deemed to have breached Section 8.2 hereof because of such limited disclosure of such Proprietary Information. 9. Limited Warranty and Disclaimer. 9.1 ENERGOV WARRANTS THAT ON THE ACCEPTANCE DATE, WHICH WILL NOT BE UNDULY DELAYED, THE ENERGOV SOFTWARE FURNISHED HEREUNDER SHALL BE FREE FROM SIGNIFICANT PROGRAMMING ERRORS AND FROM MATERIAL DEFECTS IN WORKMANSHIP AND SHALL OPERATE AND CONFORM TO THE REQUIREMENTS IDENTIFIED IN THIS AGREEMENT. CUSTOMER’S SOLE REMEDY FOR FAILURE OF ENERGOV TO MEET THIS WARRANTY REQUIREMENT SHALL BE A TIMELY REFUND OF ALL PREVIOUSLY PAID ENERGOV SOFTWARE FEES, WHERE “TIMELY” MEANS NOT GREATER THAN ONE YEAR FROM THE DATE OF CUSTOMER’S NOTICE TO ENERGOV OF A WARRANTY FAILURE AND WHICH ENERGOV HAS FAILED TO CORRECT. THE CITY WILL PROVIDE ACCEPTANCE i) IF NO WARRANTY FAILURE IS DOCUMENTED IN WRITING TO ENERGOV FOR THE 30-DAY PERIOD IMMEDIATELY FOLLOWING “GO LIVE”, OR ii) IF, AT ANY TIME BEFORE ACCEPTANCE, A WARRANTY FAILURE IS DOCUMENTED IN WRITING TO ENERGOV AND HAS BEEN RESOLVED, THEN THIRTY DAYS THEREAFTER. 9.2 AFTER THE ACCEPTANCE DATE AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ENERGOV MAKES NO OTHER WARRANTIES, 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 196 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 5 REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, WITH RESPECT TO THE ENERGOV SOFTWARE, DOCUMENTATION OR SERVICES OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY CUSTOMER, NONINFRINGEMENT, OR OF ERROR FREE AND UNINTERRUPTED USE, ALL OF WHICH ARE HEREBY EXCLUDED AND DISCLAIMED IN ALL RESPECTS. 10. Proprietary Rights Indemnification. 10.1 EnerGov will indemnify, hold harmless and defend any action brought against Customer to the extent that it is based upon a claim that the Software or related Documentation provided by EnerGov and used within the scope of this Agreement infringes upon a copyright, patent, or third party right and EnerGov will assume at the time incurred, and pay all costs, damages, liabilities, losses and attorney fees attributable to such claim. 10.2 EnerGov’s obligations under Section 10.1 with respect to an action are conditioned on (i) Customer notifying EnerGov promptly in writing of such action, (ii) Customer giving EnerGov sole control of the defense thereof and any related settlement negotiations except that Customer retains the right to choose separate legal counsel in its defense and neither party shall have the authority to bind, obligate or commit the other party by any representation or promise without the prior written approval of the other party and (iii) Customer cooperating with EnerGov in such defense (including, without limitation, by making available to EnerGov all documents and information in Customer’s possession or control that are relevant to the infringement or misappropriation claims, and by making Customer’s personnel available to testify or consult with EnerGov or its attorneys in connection with such defense). EnerGov agrees to pay Customer for all reasonable expenses for its cooperation in assisting EnerGov in such defense, including but not limited to providing copies of documentation, and making personnel available to testify or consult with EnerGov in connection with such defense. 10.3 If the EnerGov Software becomes, or in EnerGov’s opinion is likely to become, the subject of an infringement or misappropriation claim, EnerGov may, at its option and expense, either timely (i) procure for Customer the right to continue using the EnerGov Software, (ii) replace or modify the EnerGov Software with equivalent non-infringing software, or (iii) terminate Customer’s right to use the EnerGov Software and give Customer a refund or credit for the License Fees actually paid by Customer for the infringing components of the EnerGov Software less a prorated allowance for the period of time Customer has used the EnerGov Software up to 7 years from Go-Live of the component. 10.4 Notwithstanding the foregoing provisions of this Section 10, EnerGov will have no obligation or otherwise with respect to any infringement or misappropriation claim based upon (i) any use of the EnerGov Software not in accordance with this Agreement or for purposes not intended by EnerGov, (ii) any use of the EnerGov Software in combination with other products, equipment, software or data not supplied by EnerGov, (iii) any use of any Release of the EnerGov Software other than the most current Release available to EnerGov customers, or (iv) any modification of the EnerGov Software made by any person other than EnerGov. 11. General Indemnity. 11.1 If a claim, demand or cause of action arises from the negli- gent act or failure to act or intentional wrongful act of one of the parties hereto, or its officers, agents or employees, then that party shall indemnify, defend and save the other party and its officers, agents and employees harmless there from; provided, however, that such provision shall not apply to the extent that damage or injury arises from the fault of the other party, its officers, agents or employees. In the case of negligence of both EnerGov and Customer, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 11.2 EnerGov shall protect, defend, indemnify and save harmless Customer, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of EnerGov. EnerGov agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, EnerGov, by mutual negotiation, hereby waives, as respects the Customer only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event Customer incurs any judgment, award, and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses and costs shall be recoverable from EnerGov. 11.3 Customer shall protect, defend, indemnify and save harmless EnerGov, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Customer. Customer agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, Customer, by mutual negotiation, 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 197 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 6 hereby waives, as respects EnerGov only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event EnerGov incurs any judgment, award, and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses and costs shall be recoverable from Customer. 11.4 Where EnerGov is found to be at fault, EnerGov will indemnify, defend, and hold Customer (and its elected officials, officers, employees, successors, assigns, insurers, licensees, distributors, independent contractors, and agents) harmless from all claims, damages, losses, and expenses (including reasonable attorneys' fees incurred on such claims and in proving the right to indemnification) arising out of or resulting from any claim, action, or other proceeding that is based upon (a) EnerGov's breach of any obligations, representations, or warranties under the Agreement, (b) EnerGov's outside business activities, or (c) the infringement or misappropriation by EnerGov of any foreign or United States patent, copyright, trade secret, or other proprietary right in results. 12. Insurance. EnerGov has commercial general and automobile liability insurance in such amounts as are set forth in Exhibit F (attached hereto) and shall maintain such insurance in amounts not less than the amounts indicated on Exhibit F while EnerGov performs the Installation Services and the Training Services on Customer’s premises. Customer shall be named as an additional insured on EnerGov’s liability insurance with respect to the operations of insured (EnerGov) in the performance of this Agreement. That coverage shall be primary and non-contributory with any other policy(ies) carried by,or available to Customer. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. EnerGov shall provide Customer with a Certificate of Insurance and an Endorsement evidencing said coverage. 13. Disclaimer and Limitation of Liability. 13.1 NEITHER ENERGOV NOR ANY OF ITS DIRECTORS, OFFICERS, OR EMPLOYEES SHALL BE LIABLE FOR ANY (I) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE OPERATION OR USE OF THE ENERGOV SOFTWARE, DOCUMENTATION OR SERVICES INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON; (II) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY ENERGOV TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND ENERGOV’S REASONABLE CONTROL; OR (III) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST ENERGOV MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE, EXCEPT IF ENERGOV IS THE CAUSING PARTY TO SUCH CLAIM. 13.2 NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BUT EXCLUDING ANY CLAIMS FOR INDEMNIFICATION UNDER SECTION 10.1, LIABILITIES OF ENERGOV (AND ITS DIRECTORS, OFFICERS, OR EMPLOYEES) UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY OR OTHERWISE SHALL NOT EXCEED $1,000,000. 13.3 Without limiting the foregoing, Customer agrees that neither EnerGov nor any of its officers, directors, agents, or employees (i) shall have any liability for errors or omissions in the output of any EnerGov Software caused by inaccuracies of Customer’s input, (ii) shall not be responsible for any loss of Customer’s data, “downtime”, loss or corruption of other software program files, whether arising in contract, negligence, strict liability, products liability, or otherwise and (iii) shall have any liability for (A) the acts or omissions of non-EnerGov personnel, agents or third parties, (B) misuse, theft, vandalism, fire, water or other peril or (C) any alterations or modifications made to the EnerGov Software by the Customer, except if such alterations or modifications were made by or at the direction of EnerGov 13.4 Customer acknowledges and agrees that the allocation of risks provided in this Agreement are reflected in the Fees charged pursuant to this Agreement are reasonable and appropriate under the circumstances. 14. Term and Termination. 14.1 The term of this Agreement and the software license provided herein shall commence upon the execution of this Agreement and shall continue until terminated as provide for herein. 14.2 This Agreement may be terminated at any time upon the giving of written notice: (i) By EnerGov in the event that (A) Customer makes an assignment for the benefit of creditors, or commences or has commenced any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor’s moratorium and is more than 30 days overdue on payments to EnerGov, or (B) Customer breaches Sections 2, 3 or 8 of these Terms and Conditions or if Customer otherwise misuses the EnerGov Software or Documentation in contravention of this Agreement; or 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 198 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 7 (ii) By either party in the event that the other party (A) fails to timely pay any undisputed amounts due pursuant to this Agreement and such failure is not cured within thirty (30) calendar days after written notice of such failure is provided to the other party, or (B) fails to commence remedying any other breach of this Agreement within thirty (30) days after written notice specifying such breach is provided to the other party. (iii) By Customer, without cause upon thirty (30) days written notice, in which event all finished or unfinished documents, reports or other material or work of EnerGov pursuant to this Agreement shall be submitted to Customer, and EnerGov shall immediately cease work and be entitled to all undisputed fees due and payable at that time unless EnerGov and Customer agree to further work effort. (iv) By Customer for cause and such cause is not cured within thirty (30) calendar days after written notice of cause has been delivered to EnerGov. Customer’s sole remedy for termination for cause shall be a pro- rata refund of EnerGov License Fees described in Section 7.1(i), and the refund of any remaining maintenance fees described in schedule 1. Except for the refund provided for in Section 9.1, above, the time period upon which the pro rata refund shall be based is seven (7) years from the date of execution of this Agreement, and any refund will be provided within one (1) year from written notice of cause. Customer agrees to return the EnerGov licenses described in Section 2, except for a single, non- production archive copy that will be kept for use only in the event of a requirement of law, by the IRS, by a regulatory or governmental agency, by the firm’s auditors, or by judicial direction. 14.3 Upon termination of this Agreement (i) either party shall be entitled to seek to recover any other damages and obtain any additional rights and remedies set forth in this Agreement against the other party (if any) and (ii) Sections 3, 7, 8, 9, 10, 11, 13, 15, 20, 21 and 24 of these Terms and Conditions shall survive the termination of this Agreement. 15. Equitable Remedies. Customer acknowledges that each provision in this Agreement providing for the protection of EnerGov’s Software, copyrights, source code and other Proprietary Information is material to this Agreement. Customer agrees that any threatened or actual breach of EnerGov’s Software, copyrights, source code and other Proprietary Information by Customer shall constitute immediate, irreparable harm to EnerGov for which monetary damages is an inadequate remedy and for which equitable remedies may be awarded by a court of competent jurisdiction without requiring EnerGov to post any bond or any other security. If a court of competent jurisdiction should find that Customer has breached (or attempted or threatened to breach) any such provisions, Customer agrees that without any additional findings of irreparable injury or other conditions to injunctive relief, it shall not oppose the entry of an appropriate order restraining Customer from any further breaches (or attempted or threatened breaches). Nothing contained herein shall limit either party’s right to any remedies at law, including the recovery of damages for breach of this Agreement. 16. Compliance With Laws. 16.1 EnerGov and Customer each shall strictly comply with all applicable laws and regulations relating in any way to the use of the Deliverables, including, but not limited to, obtaining licenses or permits and any other government approval. 16.2 Customer agrees that the EnerGov Software will not be exported directly or indirectly, separately or as part of any system, without the prior written consent of EnerGov and without first obtaining a license from the U.S. Department of Commerce or any other appropriate agency of the U.S. Government, as required. Without limiting the foregoing, Customer acknowledges that the EnerGov Software may contain encryption technology that may require a license from the U.S. State Department. 16.3 EnerGov agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, sexual preference, or other circumstance prohibited by federal, state or local law or ordinance. 17. Publicity. All media releases, public announcements or other public disclosures by either party or their employees or agents relating to this Agreement or its subject matter shall be coordinated with and approved by an officer of the other party prior to release, except when disclosure is required by law. When approval is required, it shall not be unreasonably withheld. Notwithstanding the foregoing, each party hereby agrees the other party may use its name, URL and logo on its website and in its customer and partner lists for corporate and financial presentations. Further, Customer agrees to be a normal reference site for EnerGov during the term of this Agreement and EnerGov agrees to remove Customer from their reference list if Customer is unreasonably burdened with reference calls or unreasonably disturbed by prospective customer visits to Customer’s location. 18. Authority. Each party represents and warrants to the other that it has the right to enter into this Agreement. 19. Assignment. 19.1 Except in the event of a merger or sale of all or substantially all of EnerGov’s assets to another organization whose intent is to continue the EnerGov product line delivered to Customer, EnerGov may not assign or transfer this Agreement or any rights hereunder, or delegate any of its duties hereunder, without the 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 199 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 8 prior written consent of Customer, which consent shall be timely and not unreasonably withheld. EnerGov will notify Customer in advance in writing of any such action. 19.2 Customer may assign or transfer this Agreement and may delegate its duties in whole or in part without charge and without the consent of EnerGov if such transfer or assignment is to a related entity such as but not limited or due to a full or partial jurisdictional change, merger, name change, as required by law, regional consolidation of Information Technology services, to eCityGov Alliance, partnership, or by government or judicial direction. Customer will make reasonable efforts to notify EnerGov in advance in writing of any such action. Any assistance required by EnerGov to facilitate this assignment or transfer shall be at the then current EnerGov Standard Rates. Any attempt to assign this Agreement in violation of this section shall be null and void. 19.3 EnerGov or its Assignee agree that as long as Customer is current on its annual maintenance with EnerGov or its Assignee that Customer has the right at its option to migrate at any time, with the coordination of EnerGov, to any new software product with similar functionality that EnerGov or its Assignee 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 except for implementation services and training, modules or major functionality that it had not already licensed, and incremental user licenses that it had not previously licensed. 19.4 Customer agrees that any assistance needed by EnerGov shall be at EnerGov’s standard rates listed in Schedule 1. 20. Governing Law and Venue. The validity, construction, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Washington. Each party hereto hereby voluntarily (i) submits to personal, exclusive jurisdiction in the State of Washington, with respect to any suit, action or proceeding by any person arising from, relating to or in connection with this Agreement, (ii) agrees that any such suit, action or proceeding shall be brought in any state court of competent jurisdiction sitting in King County or Snohomish County, Washington, or in the United States District Court, Western District of Washington, (iii) submits to the jurisdiction of such courts, and (iv) irrevocably agrees not to assert any objection as to the venue of any such suit, action or proceeding in the courts described above and any claim that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. 21. Costs and Attorneys’ Fees. In any action, suit, arbitration, mediation or other similar proceeding brought by any party hereto for enforcement hereof or arising out of or relating hereto or breach hereof, the non-prevailing or unsuccessful party shall promptly pay directly, or promptly reimburse the prevailing or successful party for all costs and all consultants’ and attorneys’ fees and expenses, paid or incurred by the prevailing or successful party in enforcing this Agreement, in addition to other such relief as such prevailing or successful party may be entitled. For purposes of this Section, the determination of which party is to be considered the prevailing or successful party shall be decided by the court of competent jurisdiction or independent party (i.e., mediator or arbitrator) that resolves such action, suit, dispute, claim, or litigation. 22. Waiver. No waiver of breach or failure to exercise any option, right, or privilege under the terms of this Agreement on any occasion or occasions shall be construed to be a waiver of the same or any other option, right or privilege on any other occasion. 23. Severability. If any of the provisions of this Agreement shall be invalid or unenforceable under the laws of the jurisdiction where enforcement is sought, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of EnerGov and Customer shall be construed and enforced accordingly. 24. Notices. All notices, consents and approvals given under this agreement shall be in writing and shall be delivered in person, by first class or express mail return receipt, telegram, email or other telegraphic means of facsimile where official proof of receipt can be validated and addressed as follows: Customer: City of Renton Attn: David Lemenager 1055 S. Grady Wy #110 Renton, WA 98057 EnerGov: Mr. Mark Beverly VP and General Manager EnerGov Solutions, LLC 2160 Satellite Blvd – Suite 300 Duluth, GA 30097 Either party may change its address or addressee for the purposes of this paragraph by written notice. Notice given in accordance with this paragraph shall be deemed given when received. 25. Incorporation of Exhibits and Other Attachments. Any Schedules, Exhibits or Proposals referred to in this Agreement and attached hereto are integral parts of this Agreement and are incorporated herein by this reference. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 200 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 9 26. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of EnerGov and Customer. No third party shall have the right to make any claim or assert any right under it, and no third party shall be deemed a beneficiary of this Agreement. 27. Counterparts. This Agreement may be executed simultaneously in two (2) or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. 28. Delivery of Electronic Copy of Executed Agreement. The parties agree that electronic transmission via facsimile or email to the other party of a copy of this Agreement bearing such party’s signature shall suffice to bind the party transmitting same to this Agreement in the same manner as if an original signature had been delivered. Without limitation of the foregoing, each party who electronically transmits an executed copy of this Agreement via facsimile or email bearing its signature covenants to deliver the original thereof to the other party as soon as possible thereafter. 30. Nature of Relationship. 30.1EnerGov is an independent contractor and is not an employee, partner, or co-venturer with the Customer. EnerGov is not authorized to represent, speak for, or obligate Customer in any manner without the prior written authorization from an official of Customer. EnerGov and EnerGov employees will not be eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan of Customer. No workers’ compensation insurance shall be obtained by Customer covering EnerGov or EnerGov’s employees. 30.2 EnerGov will be liable for all loss or damage, other than ordinary wear and tear, to the Customer’s property in EnerGov’s possession or control that is caused by EnerGov. In the event of any such loss or damage, EnerGov will pay the Customer full current replacement cost of such equipment or property within thirty (30) days after its loss or damage. 30.3 During the term of this agreement, and for a period of twelve (12) months following the project completion milestone (see Schedule 1), neither the Customer nor EnerGov will interfere with the other’s business in any manner, including without limitation, encouraging anyone to leave the other party’s employ or encouraging any employee or independent contractor of the other party to sever that person’s relationship with the other party. 31. Order of Precedence. In case of conflicting terms between documents in this agreement the following order of precedence shall be followed: Master Customer Agreement, Terms and Conditions, Statement of Work, Proposal, eCityGov RFP, EnerGov’s response to the eCityGov RFP notwithstanding internal EnerGov operational or process changes since issuance of the response. 32. Rights to Escrow Agreement. Customer may, during the term of this agreement and at a time chosen by Customer, enter into an escrow agreement with EnerGov’s designated escrow receiver. At that time and upon payment of agreed fees as listed in Schedule 1 EnerGov agrees to deposit in escrow a copy of the program source code and related documentation and Commentary and, on an annual basis, a copy of all substantial revisions or enhancements to the source code and any related documentation. In the event that EnerGov or its Assignee should become insolvent, initiates bankruptcy proceedings, or ceases to carry on business and the business of EnerGov is not continued by a Receiver, Trustee, successor or assignee, or if the Software is no longer sold, continued or supported by EnerGov or a successor or assignee, Customer shall have the right to immediately acquire a copy of the source code of the Software and its related documentation licensed to it, with the right to reverse engineer or decompile or deconstruct such source code for the sole purpose of continuing its uninterrupted use of the Software. In the event that EnerGov files for bankruptcy protection or is adjudged to be bankrupt, it is the agreement of and the intent of the parties that this Agreement be governed by 11 U.S.C. § 365(n). The rights and obligations of the parties regarding the escrow of the program source code and its related documentation shall be as set forth in the Software Escrow Agreements entered into between EnerGov, the escrow vendor and Customer. These Software Escrow Agreements shall be in a form substantially the same as Exhibit G attached hereto and the parties acknowledge that they are supplemental, as that term is used in 11 U.S.C. § 365(n) (3) (B), to this Agreement. This Agreement shall be interpreted in accordance with the Intellectual Property Bankruptcy Protection Act of 1988, including, but not limited to 11 U.S.C. § 365(n). The parties expressly agree and acknowledge that the licensed Software is “intellectual property” as defined by § 101(35A) of the United States Bankruptcy Code. 33. Force Majeure. Neither Party shall be liable for any delay in performance or inability to perform due to Force Majeure. “Force Majeure” includes any acts or omissions of any civil or military authority, acts of God, acts or omissions of Customer, fires, strikes or other labor disturbances, major equipment failures, fluctuations or non-availability of electrical power, heat, light, air-conditioning or telecommunications equipment, or any other act, omission or occurrence beyond the Party’s reasonable control, irrespective of whether similar to the foregoing enumerated acts, omissions or occurrences took place. If the Party’s performance is delayed by Force Majeure, the time for performance shall be extended. Notwithstanding the foregoing, if before the Software “go live” date Force Majeure impacts only EnerGov and not Customer for more than 60 days, Customer has 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 201 of 731 Customer Initials: ______ EnerGov Initials: ______ eCG-011011-REN 10 the right to terminate this Agreement and receive a refund of all software fees paid to EnerGov and its affiliated 3rd party providers. Additionally, if before the Software “go live” date Force Majeure impacts only Customer and not EnerGov for more than 60 days, Customer will pay EnerGov for the unpaid undisputed work agreed to by Customer and performed by EnerGov through the first 60 days, and monthly thereafter until the Force Majeure event has ceased and the project is back on schedule, at which point the milestone payment schedule will resume. 34. Personnel Review. Customer reserves the right-of-review of EnerGov’s on-site personnel assigned to the project described in this Agreement. EnerGov warrants that each person assigned to work on-site will be for efforts and tasks as described in this Agreement. Each person assigned to the project will remain assigned to the project unless removed due to illness, death, termination from EnerGov, resignation from EnerGov, or other extraordinary cause, such as family circumstances, beyond the control of EnerGov. No subcontractor shall be used on the project without the express written approval of Customer. 35. Transition Cooperation. Subsequent to termination of this Agreement for any reason, EnerGov agrees, upon Customer’s request to: (i) Provide sufficient effort and cooperation to ensure an orderly and efficient transition of services to Customer or Customer’s contractor without degradation of the quality and level of EnerGov’s performance of its services to Customer; (ii) Assist Customer in retrieving all data records, logs and documentation in a mutually agreeable format, including full disclosure of any custom software code and system design, third party suppliers and other pertinent information about the services performed; (iii) Furnish training services for up to ninety (90) calendar days after termination of this Agreement; and (iv) Negotiate in good faith a plan with a successor to determine the nature and extent of services required. The plan shall specify a date for transferring responsibilities and shall be subject to Customer’s approval. Customer agrees to reimburse EnerGov for reasonable travel costs and agrees to reimburse EnerGov based on EnerGov’s then current rates or as otherwise agreed to in writing by both Customer and EnerGov. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 202 of 731 eCG-0521-BOT 11 Customer Initials: ______ EnerGov Initials: ______ Schedule 1 Payment Schedule In accordance with the terms of this Agreement, the following payment schedule will be adhered to for the Products and Services rendered by EnerGov. 1. Payment Schedule 1.1 Customer agrees to timely pay all Fees as outlined below. * Due Date Software/Professional Services *** Estimated Travel Costs *** Description Contract Signing / -- -- Software Framework Installation $ 165,269 75% Software Costs (remainder is held back until Acceptance) Assess Milestone $ 23,801 $ 8,594 Assess Phase Costs Define Milestone $ 31,155 $ 8,594 Define Phase Costs Configuration Milestone $ 85,099 $ 6,875 Configuration Phase Costs UAT Process Milestone $ 34,172 $ 8,594 UAT Process Costs Import/Interface Development Services $ 55,752 $ 1,512 Total fees for development of import/interface services Training Services $ 20,742 $ 10,313 Training Services fees Go-Live $ 6,914 $ 3,437 Go Live Phase Costs Acceptance ** $ 55,090 25% Software Holdback payable at Acceptance $ 477,994 $ 47,919 Subtotals $ 525,913 Energov Total Software and Consulting (Same as Exhibit B) * All payment terms are net 45 unless otherwise indicated. ** Acceptance date shall not be unreasonably withheld. *** Implementation costs shall be based on actual services rendered, not to exceed amounts above unless agreed upon with a Change Order referenced in Exhibit C – Section 6.4. **** Milestone payment invoices are submitted upon approval and acceptance of Milestone by Customer based on actual hours spent. Software/Professional Service Fees are fixed amounts. Travel expenses are invoiced as incurred. CUSTOMER shall reimburse ENERGOV for reasonable travel expenses incurred by ENERGOV, its officers, employees, agents and contractors in connection with performance of the services as agreed to by the CUSTOMER and ENERGOV, which have been outlined in the scope of work. CUSTOMER will not reimburse ENERGOV for travel time to and from the CUSTOMER’s implementation location(s). Travel expenses require the prior written consent of the CUSTOMER. Travel expenses shall include only airfare, hotel, meals, airport parking, car rental and airport transportation subject to the restrictions listed below. ENERGOV shall use reasonable efforts to obtain the lowest available airfares and in no case shall CUSTOMER reimburse ENERGOV for first class or business class airfare. Reasonable hotel accommodations per night shall not exceed $139.00 plus applicable taxes. Meal expenses shall be reimbursed at a fixed rate of $71.00 per 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 203 of 731 eCG-0521-BOT 12 Customer Initials: ______ EnerGov Initials: ______ day (itemized to $12.00 breakfast, $18.00 lunch and $36.00 dinner for partial days and $5.00 for incidentals) to cover food and beverage expenses and includes tips. Car rental shall be based upon economy or midsized vehicles. Airport transportation includes standardized shuttle services or taxicab fares. ENERGOV may invoice the CUSTOMER no more frequently than once per month for reimbursement of eligible expenses. Any invoice shall contain an itemized listing of all expenses including the name of the ENERGOV’s employee, dates services were rendered, dollar amounts and shall include a copy of each receipt identified within the invoice. No reimbursement shall be made for expenses without a corresponding receipt. Payment Schedule for Support Fees and IVR Minutes Due Date Amount Description Annually on the Acceptance Date $ 62,982 Annual Software Support/Maintenance Fees 1.2 Support Fees to begin on Acceptance and invoice annually on the Acceptance Date, 1.3 EnerGov assumes no responsibility for delays caused by the United States Postal Service or any other delivery service. 1.4 Standard Rates Table • Excludes all travel-related expenses • Applies to all requested and approved work outside the scope of this agreement. • These Standard Rates apply for three (3) years following the Effective Date. Resource Cost Hourly rate Principal Solutions Architect $189 Senior Project Consultant / PM $159 Project Consultant $139 GIS Analyst $147 Trainer $99 Data Conversion Specialist $179 Development Services $179 1.5 Escrow Fees In the event that Customer exercises its options under Section 32 of these Terms and Conditions, the charge to Customer for escrow services shall be $3,000 per year. EnerGov agrees to hold this pricing for a period of three (3) years from the Go-Live date. 1.6 Asset Management EnerGov agrees to provide the EnerGov .NET Asset Management module at no charge to Customer if a purchase decision is made within 24 months of the Effective Date. This does not include installation, training, and related professional services,, which Customer agrees would be billed at time and material, or additional Support Fees. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 204 of 731 Exhibit B- Proposal Energov Software Total Price Each Total EnerGov .NET Enterprise Suite1, 2 1Includes 10 additional "view only" licenses free of charge 2Includes Licensing for the following Suites and Modules : EnerGov .NET 9.0 Enterprise Server Cash Receipting Licensing and Regulatory Regulatory Review Professional Licensing Business Management Enforcement Management Inspections Permitting and Land Management Project and Land Use Management Plan Management Permitting Inspections Code Enforcement Request Management Request and Enforcement Citizen Request Management Code Enforcement Inspections 25 3,499$ 87,475$ View Only Licenses 10 -$ -$ Custom Reports 30 -$ -$ MobileGov3 3Energov MobileGov includes the following: Sign offs or rescheduling inspections Creating inspections in the field Generating Re-inspections/Fees Printing the inspection detail in the field Assigning inspections to a new inspector Reviewing past inspection/permit/parcel Predefined checklists Predefined checklists Standardized inspections Predefined passed/failed reasons/codes Viewing code violations/ordinances Printing custom worksheets and reports Issuing & printing Citations/Violations Issuing & printing Stop Work Orders Real-time field/office data Researching all Parcel History in the field 17 2,499$ 42,483$ EnerGov GIS "Viewer"25 499$ 12,475$ EnerGov GIS Server Advanced 4 4 GIS Server Advanced Deploys advanced, Bi-directional geo-processing / GIS functionality to EnerGov .NET operations and extends GIS functions to Citizen Access and MobileGov 1 39,995$ 39,995$ eReviews ($59,999) 5 5 EnerGov eReview includes the following features: - Paperless Plan Submission Process - Seamless Workflow Collaboration - Accept Plan Submission of over 100 digital formats (DWG, PDF, DXF, 2D CAD, MS OFFICE, etc) - Digital Markups - Analyze files with version Overlay compares - Calibration, Scaling and Snap Functions for Measurements - Departmental Permissions 1 59,999$ Free of Charge EnerGov Analyst (GIS Toolbar for ArcMap - Named Users)3 999$ 2,997$ eCityGov Alliance Web Portal API - OTC 1 5,000$ 5,000$ EnerGov .NET IVR (Self-Hosted Software Price)1 14,999$ 14,999$ Energov Citizen Access, Web Portal; (Licensing, permiting, inspections, Land Management)1 29,998$ 29,998$ Credit Card API for online payment processing 1 6,999$ 6,999$ Laserfiche API 1 4,999$ 4,999$ eCityGov Alliance Web Portal API - ePlan 1 5,000$ 5,000$ Energov Software Total 252,420$ Energov Consulting Assess Phase 27,264$ Define Phase 35,688$ Configuration Phase 83,040$ Implementation - See Attached Renton Professional Configuration Services (Milestone Payment) 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 205 of 731 Setup IVR & Citizen Access Web Portal Phase 14,440$ User Acceptance Testing Phase 39,144$ Training and Go-Live Phase (User Training = 40 days, Go-Live = 10 days) 31,680$ Development Services - See Attached Renton Development Services Sheet (Milestone Payment) Data Conversion 1 - Permits Plus 36,184$ Data Conversion 2 - Tyler / Eden Pet & Business Licensing 8,432$ Data Conversion 3 - FDM Inspection Data 8,432$ Development Services 1 - Tyler / Eden - GL Export 2,704$ Development Services 2 - Infor EAM - Water Meter Web Service 2,704$ Development Services 3 - Contractor State Licensing Board Free of Charge Development Services 4 - Washington State UBI 2,704$ Development Services 5 - King Conty Owner Address 2,704$ Travel (Paid Per Actual Expenses) Renton Professional Configuration Services 46,406$ Renton Development Services 1,512$ Energov Consulting Total - Total includes Professional Configuration (Services and Travel) and Development Services (Services and Travel)343,038$ Energov SubTotal Software and Consulting 595,458$ eCityGov Alliance Member Discount (10%) + additional $10,000 (69,546)$ Energov Total Software and Consulting 525,912$ Support Years Annual Total Energov Maintenance for 1st Year Support - Capital Expense (Year 1)1 56,235$ 56,235$ Energov Maintenance with all licenses purchased - Operations Expense (Years 2 - 5)4 56,235$ 224,942$ Total 1st Year Energov Expenses 582,148$ Total 5 Year Energov Expenses 807,090$ 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 206 of 731 Co n f i d e n t i a l - D o n o t d i s t r i b u t e Ph a s e Se r v i c e D e s c r i p t i o n V1 Pr i n c S o l Ar c h i t e c t V2 Se n i o r P r o j Co n s u l t a n t V3 Pr o j e c t Co n s u l t a n t 1 V7 GI S A n a l y s t V8 R e p o r t Sp e c i a l i s t V4 Tr a i n i n g S p e c i a l i s t R a t e P e r D a y / T r i p : $ 1 , 5 1 2 . 0 0 $ 1 , 2 7 2 . 0 0 $ 1 , 1 1 2 . 00 $ 1 , 1 1 2 . 0 0 $ 1 , 1 1 2 . 0 0 $ 79 2 . 0 0 Milestone Payments $ 1,718.75 5 5 1 0 2 0 0 22 5 $ 7 , 5 6 0 . 0 0 $ 6 , 3 6 0 . 0 0 $ 1 1 , 1 2 0 . 0 0 $ 2 , 2 2 4 .0 0 $ - $ - $ 27,264.00 $ 8,593.75 $35,858 5 9 1 5 0 0 0 29 5 $ 7 , 5 6 0 . 0 0 $ 1 1 , 4 4 8 . 0 0 $ 1 6 , 6 8 0 . 0 0 $ - $ - $ - $ 35,688.00 $ 8,593.75 $44,282 5 2 0 3 5 5 5 0 70 3 $ 7 , 5 6 0 . 0 0 $ 2 5 , 4 4 0 . 0 0 $ 3 8 , 9 2 0 . 0 0 $ 5 , 5 6 0 . 00 $ 5 , 5 6 0 . 0 0 $ - $ 83,040.00 $ 5,156.25 $88,196 8 7 15 1 $ - $ - $ 8 , 8 9 6 . 00 $ - $ - $ 5 , 5 4 4. 0 0 $ 14,440.00 $ 1,718.75 $16,159 3 1 0 5 2 2 1 5 37 5 $ 4 , 5 3 6 . 0 0 $ 1 2 , 7 2 0 . 0 0 $ 5 , 5 6 0 . 0 0 $ 2 , 2 2 4 .0 0 $ 2 , 2 2 4 . 0 0 $ 1 1 , 8 8 0 . 0 0 $ 39,144.00 $ 8,593.75 $47,738 40 40 8 $ - $ - $ - $ - $ - $ 31 , 6 8 0 . 0 0 $ 31,680.00 $ 13,750.00 $45,430 Tr i p s / O n s i t e r e s o u r c e d a y s 18 4 4 7 3 9 7 6 2 2 1 3 2 7 CO S T 27 , 2 1 6 5 5 , 9 6 8 8 1 , 1 7 6 1 0 , 0 0 8 7 , 7 8 4 4 9 , 1 0 4 2 3 1 , 2 5 6 4 6 , 4 0 6 2 7 7 ,662 Us e r A c c e p t a n c e T e s t i n g P h a s e (W i t h i n C o f i g P h a s e ) Us e r s a c c e p t a n c e t e s t i n g / o n s i t e t r a i n i n g o f s y s t e m w i t h c u s t o m e r ' s p r o j e c t s t a k e h o l d e r s - ac c e p t a n c e r e v i e w s - F i n a l c o n f i g u r a t i o n s i g n - o f f Pr o f e s s i o n a l C o n f i g u r a t i o n S e r v i c e s Pr o c e s s a n d S y s t e m A s s e s s m e n t , s y s t e m a n a l y s i s , s y s te m c o n f i g u r a t i o n p l a n n i n g , w o r k f l o w an a l y s i s . As s e s s P h a s e s De f i n e P h a s e s Sy s t e m D e f i n i t i o n s , c o n f i g u r a t i o n d o c u m e n t a t i o n , w o rk f l o w t r a n s l a t i o n . Total Man Days / Costs Re n t o n , W A Onsite Trips Total Services & Travel Costs Co n f i g u r a t i o n P h a s e Sy s t e m c o n f i g u r a t i o n b a s e d u p o n i m p l e m e n t a t i o n p l a n ni n g a n d b u s i n e s s p r o c e s s a n a l y s i s re s u l t s . I n c l u d e s O n s i t e r e v i e w s w i t h c u s t o m e r p r o j ec t m a n a g e r / t e a m . I n c l u d e s . N E T I V R Tr a i n i n g ( 2 D a y s ) a n d . N E T C i t i z e n A c c e s s W e b P o r t a l T r a i n i n g ( 5 D a y s ) . Go - L i v e P h a s e Pr e a n d P o s t u s e r G o - L i v e s u p p o r t , I n c l u d e s 3 0 d a y s o f o n - s i t e t r a i n i n g p r e - g o - L i v e a n d 1 0 d a y s of p o s t g o - l i v e t r a i n i n g . Re s o u r c e s M a n D a y s / R a t e s Se t u p I V R & C i t i z e n A c c e s s W e b P o r t a l P h a s e (W i t h i n C o n f i g P h a s e ) Se t u p o f t h e . N E T I V R S o f t w a r e a n d . N E T C i t i z e n A c c es s W e b P o r t a l . I n c l u d e s . N E T I V R T r a i n i n g (2 D a y s ) a n d . N E T C i t i z e n A c c e s s W e b P o r t a l T r a i n i n g ( 5 D a y s ) . EnerGov Solutions Proposal City of Renton, WA March 19, 2010 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 207 of 731 Co n f i d e n t i a l - D o n o t d i s t r i b u t e Se r v i c e I D S e r v i c e D e s c r i p t i o n V2 Se n i o r P r o j e c t Co n s u l t a n t V9 De v e l o p m e n t Se r v i c e s V6 Da t a C o n v e r s i o n Sp e c i a l i s t Co s t P e r D e l i v e r a b l e Onsite Trips Ra t e P e r D a y : $ 1 , 2 7 2 . 0 0 $ 1 , 4 3 2 . 0 0 $ 1 , 3 5 2 . 0 0 Mi l e s t o n e Pa y m e n t s $ 1,512.00 Da t a C o n v e r s i o n 1 Pe r m i t s P l u s 4 0 2 3 27 $36,184 1 1,512 Da t a C o n v e r s i o n 2 Ty l e r / E d e n P e t & B u s i n e s s L i c e n s i n g 1 5 0 6 $8,432 0 0 Da t a C o n v e r s i o n 3 FD M I n s p e c t i o n D a t a 1 5 0 6 $8,432 0 0 De v e l o p m e n t S e r v i c e s 1 Ty l e r / E d e n - G L E x p o r t 1 1 0 2 $2,704 0 0 De v e l o p m e n t S e r v i c e s 2 In f o r E A M - W a t e r M e t e r W e b S e r v i c e 1 1 0 2 $2,704 0 0 De v e l o p m e n t S e r v i c e s 3 Co n t r a c t o r S t a t e L i c e n s i n g B o a r d 0 0 0 0 F r e e o f C h a r g e 0 0 De v e l o p m e n t S e r v i c e s 4 Wa s h i n g t o n S t a t e U B I 1 1 0 2 $2,704 0 0 De v e l o p m e n t S e r v i c e s 5 Ki n g C o n t y O w n e r A d d r e s s 1 1 0 2 $2,704 0 0 Re s o u r c e d a y s 10 1 4 2 3 4 7 $ 6 3 , 8 6 4 1 1 , 5 1 2 To t a l M a n Da y s De v e l o p m e n t S e r v i c e s Re n t o n , W A Total Trip Expenses EnerGov Solutions Proposal City of Renton, WA March 19, 2010 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 208 of 731 © 2010 EnerGov Solutions, LLC Exhibit C EnerGov .NET Systems Implementation Document / Statement of Work Prepared for: City of Renton, Washington Prepared by: EnerGov Solutions, LLC 2160 Satellite Blvd, Suite 300 Duluth, GA 30097 888.355.1093 www.energov.com February 10, 2011 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 209 of 731 EnerGov .NET Systems Implementation / Statement of Work [2] 1. Project Introduction: EnerGov Solutions is proposing to provide application software and associated professional services to the City of Renton, Washington (referenced herein as “City of Renton, WA”, “Renton, Washington” or the “eCityGov Alliance”) to deliver an enterprise level, comprehensive solution that meets multiple business needs including, but not limited to: Planning Building, Code Compliance, Business and Pet Licensing, and Inspections. To this end, a Statement of Work (SOW) is provided to clearly frame and define all software, services, tasks, roles, responsibilities, assumptions, expectations etc. germane to the successful implementation and deployment of the EnerGov .NET land management system. To the extent possible, it is the intent of both parties to limit custom programming requirements and leverage the specific functionality inherent to the EnerGov .NET application and “best practices” of other cities to accomplish similar functions. EnerGov Solutions implementation team shall assist in business process analysis and workflow consulting in order to accomplish this; however it will be expected that the City of Renton, WA mirror these accepted processes every chance possible. This Statement of Work (SOW) is to provide a thorough and accurate description of the following metrics: • What software and services will be delivered; • How will the software and services be delivered; • Who will deliver which software and services; • When will the software and services be delivered; • Where will the software be delivered and where will the services be performed to successfully deliver the requisite business processes as defined by the City of Renton **EnerGov shall have the right to assign personnel to the consulting agreement but the City shall have the right to review the EnerGov personnel assigned to the project. This includes, but is not limited to, the ability to require a suitable and qualified replacement in a timely manner. EnerGov warrants that each person assigned to the job will be for the duration of the project with full-time efforts except as specified by Customer or due to the following exceptions: illness, death, termination, or resignation from EnerGov. No subcontractor shall be used on the project without the express written approval of the City. 2. Project Timeline: The implementation of the project will be the responsibility of a joint City and EnerGov Implementation Team. It is understood and acknowledged by both parties that a definitive project plan will be drafted and presented as an early deliverable upon completion of the Assess Milestone (a preliminary project timeline by phase is included herein for reference purposes only). The project will subsequently be guided and implemented based upon this mutually agreed project plan. Project Timeliness & Access The Implementation estimated project timeline is 14 months from the agreed Kickoff date, and both parties shall work diligently to deliver the comprehensive solution within that timeframe. It‘s understood between both parties that a project plan will be drafted as an early deliverable in the “Assess” milestone and all Pre-Assessment Tasks will need to be completed before this project plan can be finalized. This statement of work allows for minimal delays caused by either EnerGov or the City (e.g., creation of technical environments, availability of personnel, timing of business decisions, etc.) as adherence to the project schedule and maintaining the defined scope is a cornerstone of the Statement of Work. As such, requests to increase the scope and/or timeframe, such as additional configuration 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 210 of 731 EnerGov .NET Systems Implementation / Statement of Work [3] assistance, changes, or previously undisclosed information, which has a direct, material impact (increase or decrease) on the services documented in this contract, will be discouraged. Nevertheless, as an outcome of any change, EnerGov and/or the City may amend the timeline, costs and/or tasks provided in the document as additional detailed information is obtained relative to the City’s functional and technical business requirements. • The City and EnerGov will put forth their best efforts to meet all required deliverable dates outlined and agreed as part of this project. • EnerGov and the City will provide appropriate “process experts” who will be available for interview with reasonable notice and will have adequate knowledge of the process to provide definitive answers regarding the process and associated business rules. • Process owners (department heads, managers, supervisors) will be available with reasonable notice to confirm and validate the results of the process interviews. In the event questions arise regarding the correct policy or process, the question will be resolved within 2-normal business days with a definitive answer from an appropriate “authority” within the City’s project team. If the City’s staff is unavailable for extended periods, a designated signatory should be identified to meet the required 2 business day requirement. • The City and EnerGov personnel will attend and be on time for all scheduled process interviews, technical “side bars,” question resolution sessions and ‘sign-off’ meetings. The City’s personnel will remain available throughout the scheduled time period. • The City of Renton will designate personnel that are authorized to approve and accept the various process documents and final set ups that will be completed by EnerGov. The authorized City agent will be available for signoff meetings with reasonable notice of at least 5 normal business days. If and when City staff is unavailable for extended time periods, a designated signatory should be identified to meet the required 5 business day requirement. • Requested information, documents, sample files, and other materials relevant to the process will be readily available and accurate and will be kept and maintained on a sharepoint site/ftp site, etc. EnerGov will provide a Microsoft Sharepoint Site and a FTP site for this communication. • EnerGov personnel will have necessary access to city servers and computers being utilized to host the EnerGov .NET application. EnerGov and City personnel will work together to determine appropriate rights and roles associated with this access. In addition, EnerGov personnel will be required to submit a background check prior to obtaining access from the City. Energov Employee access to City servers, computers, software, network and other technologies will be in compliance with the City’s security and technology policies. 3. Components to be provided by EnerGov Solutions: The following EnerGov .NET components shall be provided, installed, & implemented by EnerGov Solutions to fulfill the business requirements in the Planning/Zoning, Permits, Inspections, Cash Receipting, Project Tracking, Code Enforcement, Licensing, Property History, Financial Tracking, and Report Writer processes delineated in the RFP. EnerGov Functionality includes: Project Management, Plan Management, Permit Management, Inspection Management, Code Enforcement Management, Citizen Request Management, EnerGov GIS Server Advanced, MobileGov.NET, eReviews, Interacitive Voice Response (IVR), Laserfiche (Document Management) Integration, MyBuildingPermit.com integration, Business/pet License Management, Adult Entertainment License Management, and Citizen Access Web Portal (CAP) to include online licensing and Land Management Portal, online permitting, online ePlan upload and Processing, online citizen requests. 4. Project Methodology: It is intended that this project be implemented in phases to include each EnerGov .NET component listed above under EnerGov Software and Services; within each phase, there will be a series of milestones, activities, tasks and sub-tasks. A summary description of the tasks/expectations to be managed within each implementation milestone by both EnerGov and designated City project team members is as follows: 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 211 of 731 EnerGov .NET Systems Implementation / Statement of Work [4] Assess Milestone: Major Objectives & Tasks Not to exceed$27,264 (based on 22 Resource Days) (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) Define strategies for vision, delivery, business process analysis, organizational structure Change management, roles & responsibilities, and operating/technology infrastructure Finalize Implementation Team, define agency involvement and confirm project strategies/objectives Business o Project discovery calls / Business Development hand-off o Onsite kickoff / discovery meeting o Presentations to departmental and external customers (contractors, etc.) o Identify and confirm project resources / team o Conduct orientation for project stakeholders o Discovery of agency’s processes o Discovery of unique business workflows o Define preliminary functional requirements o Finalize the Implementation / Deployment strategy o Finalize Training Requirements o Identify unique project risks Technical o Identify & confirm appropriate system architecture o Identify & confirm hardware availability o Identify & confirm sources and current state of GIS/parcels/property data o Identify & confirm IT project resources & requirement **SEE ASSESS PHASE DELIVERABLES ON NEXT PAGE 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 212 of 731 EnerGov .NET Systems Implementation / Statement of Work [5] “P” = Responsible party for deliverable “S” = Party will be required to provide specific information required for deliverable Define Milestone: Major Objectives & Tasks (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) Finalize Project Plan & Schedule Business comprehension and documentation of the current client processes and workflow Translation & confirmation of all EnerGov functional and system configuration requirements Completion of the EnerGov Project Definition Documentation (PDD) EnerGov .NET system installation & configuration on agency network/servers Functionality City’s Responsibility EnerGov Solutions’ Responsibility Comments Coordinate and execute Project Discovery call S P Scheduled and hosted by EnerGov’s Director of Implementation Conduct On-Site Kickoff and Business Process discovery meetings with client S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Meetings attended by departmental stakeholders Review SOW and Project Requirements Matrix S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Draft, finalize, and confirm the Implementation Project Plan S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Establish City of Renton’s key Project Stakeholders for the entirety of the Project P City of Renton’s Project Manager Confirm hardware training needs and ensure delivery date P S City of Renton IT Provide legacy data for imports and configuration details for integrations P City of Renton IT Setup project specific SharePoint site P EnerGov Project Team Deliver GIS Data for integration with necessary features and attributes for EnerGov .NET users P S City of Renton IT with guidance of EnerGov Project Consultant Confirm Define Phase schedule P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. City of Renton Assess Phase Sign-Off P S City of Renton’s Project Manager 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 213 of 731 EnerGov .NET Systems Implementation / Statement of Work [6] Business o Analyze business requirements as it relates to the EnerGov functionality o Design project Implementation architecture o Define user roles, responsibilities and user/roles business requirements o Uncover and address potential risks in the project configuration o Identify any new processes to be implemented as a benefit to automation o Finalize behavioral details of specific EnerGov features and functions to be implemented o Document findings and approval of the Project Definition Document (PDD) Technical o In conjunction with the Business Definition, determine the necessary system source(s), data, transfer frequencies, and transfer schedule to be included in integration as it relates to GIS, online services, and mobile solutions o Collect data files (and any available data diagrams) needed for data importation; create/analyze data mapping to support business goals o Determine integration strategy with EnerGov Data Services / EnerGov Development / EnerGov Implementation Team o Finalize technical deployment plan; system software installation o Business Rules o Interfaces Function Responsibility Comments City EnerGov Solutions Conduct On-Site Definition Meetings S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Meetings attended by departmental stakeholders Conduct GAP Analysis on Client Business Processes & EnerGov Functionality P EnerGov Project Team Confirm custom system features and functionality to be implemented S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Create and deliver Project Definition Document to the City of Renton P EnerGov Project Team Finalize details on all legacy imports and integration pints (including GIS) S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager and IT Department. Define User Acceptance Testing participants P City of Renton Project Manager Provide end-to-end Acceptance Testing scenarios P S City of Renton Project Team will develop business case scenarios to be utilized in UAT – Configure Phase. EnerGov’s Project Consultants will provide examples to assist the City in formulating these scenarios. Confirm Configure Phase schedule P S Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 214 of 731 EnerGov .NET Systems Implementation / Statement of Work [7] Function Responsibility Comments City EnerGov Solutions City of Renton Define Phase Sign- Off P City of Renton Project Manager “P” = Responsible party for deliverable “S” = Party will be required to provide specific information required for deliverable Configure Milestone: Major Objectives & Tasks (The Configure Milestone includes User Acceptance Testing) (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) Distribution and application of the requirements developed during the “Define” Milestone to Implementation Team to produce a fully-configured EnerGov .NET Land Management system Configuration of all business/systems requirements defined in the Project Definition document Importation and integration of all data mapped/defined in the Project Definition documents and conduct initial testing of imported data Configuration of user roles, rights, security defined in the Project Definition document User Acceptance Testing (UAT) period Verification / validation of system configuration, performance, stability, and accuracy Internal UAT performed on system prior to City UAT Complete user acceptance training for key users and administrators prior to production (UAT) Refine business rules/configuration as needed during users acceptance testing Business o Complete functional software configuration based on business rules o Test functional configurations o Prepare test plan (clients responsibility EnerGov PM can assist) o Initial onsite configuration system review with project team o Client user acceptance testing (Initial system evaluation testing and does not constitute final acceptance testing)User acceptance testing scripts and scenarios will be the responsibility of the City of Renton with assistance from the EnerGov project team. All anomalies identified during testing will be analyzed by appropriate EnerGov personnel and applicable configuration / workflow adjustments, etc. will be performed o Refinement of the business rules o Validate data conversions (with client) o Finalize any needed user configurations o Final onsite stakeholder reviews and sign-offs Technical o Complete data integration and interface development o Test/verify/validate custom code / scripts / services o Property/Parcel data load (if not utilizing ArcSDE direct) o GIS Integration o Test data validity (with key users) o Database Schema delivered after user acceptance sign-off. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 215 of 731 EnerGov .NET Systems Implementation / Statement of Work [8] o EnerGov will adhere, to the fullest extent possible, to the City’s Technology Change Management Board requirements. The City will be responsible for clearly representing these requirements to EnerGov personnel. o Load Energov’s IVR software onto City’s IVR hardware as specified by Energov. Function Responsibility Comments City EnerGov Solutions Complete client-specific EnerGov system configuration P EnerGov Project Team Complete data imports into configured system S P EnerGov Project Team Finalize all integration design / development (including GIS) S P EnerGov Project Team Testing of all integrations P City of Renton Project Manager Update and prepare UAT Test Cases P City of Renton Project Manager Conduct Software Reviews S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Meetings attended by departmental stakeholders Review and confirm User Acceptance Testing schedule and attendees P City of Renton Project Manager Conduct UAT training for City designated power users (testers) S P EnerGov Trainer will provide necessary training to power user (testers) Prepare UAT training and testing environment P City of Renton’s Project Manager and IT Department Prepare UAT Environment (daily) P City of Renton Project Manager Conduct User Acceptance Testing P S UAT Participants, City of Renton Project Manager and EnerGov Project Team Provide System Documentation P EnerGov Project Consultants will provide initial database schema and dictionary Confirm Training Phase schedule S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. City of Renton Configure Phase Sign-Off P City of Renton Project Manager “P” = Responsible party for deliverable “S” = Party will be required to provide specific information required for deliverable Training Milestone: Major Objectives & Tasks (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 216 of 731 EnerGov .NET Systems Implementation / Statement of Work [9] Comprehensive onsite end-user training (following user acceptance) Business o Comprehensive End-User Training o Training Kickoff o Individualized Training = one-on-one training o Classroom Training = classroom environment training with a 10/15:1 trainee to instructor ratio o Administrative Training o Field (Mobile) user Training o Crystal Reports Training (as it relates to EnerGov reporting; requires basic level of Crystal Report knowledge) Technical o Complete Install of all EnerGov system components on agency network o Test end to end processes o Re-configure as needed Function Responsibility Comments City EnerGov Solutions Provide Training Site, Equipment for Staff / Employees P Designated members of the City of Renton Implementation Team Set-up Training Computers P Coordinated by the City’s Application Support Manager Review Training Material P P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. Provide Training Material P EnerGov during Implementation Team training Customize Training Material P EnerGov for end user training Review Training P P Designated Members of the City Implementation Team Prepare Site (daily) P City of Renton Project Manager Schedule Staff S P Training Coordinator and Employee Supervisors Deliver Training Schedules / Materials P EnerGov Trainer Attend Training P According to Schedule Confirm Go-Live Phase schedule S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. City of Renton Training Phase Sign-Off P City of Renton Project Manager “P” = Responsible party for deliverable “S” = Party will be required to provide specific information required for deliverable Transition / Production Milestone: Major Objectives & Tasks 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 217 of 731 EnerGov .NET Systems Implementation / Statement of Work [10] (Resource Days, as listed on Exhibit B, not to be exceeded without approved Change Order Requests. Resource Days not used will not be invoiced) Specialized hands-on/on-site go-live training with end users within a “live and/or parallel” environment Promote system to production and complete all project closeout activities Ensure a smooth transition from the implementation Team to client administration team Activities o Onsite go-live training within parallel test/training environment o Promote to production / Go-Live o Maximize knowledge transfer o Handoff to EnerGov Account Manager o Project Transition Deliverables o System configuration support (as required) o Database Schema - Update o User Manuals o Onsite go-live support o Final version/delivery of all implementation project documents Function Responsibility Comments City EnerGov Solutions Execution of cutover from training to production environment (GIS, Data Imports, Integrations, etc.) S P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager and IT Department. Conduct daily on-site Go-Live support P EnerGov Training and Project Teams Produce comprehensive Implementation Sign-Off documentation P Coordinated between EnerGov’s Project Consultants and City of Renton’s Project Manager. City of Renton Go-Live Phase Sign-Off P City of Renton Project Manager “P” = Responsible party for deliverable “S” = Party will be required to provide specific information required for deliverable Post- Production Support: Major Objectives & Tasks Maintain production of EnerGov .NET system Assist agency administration in tuning application to meet nascent business protocols Promote & foster continued acceptance and confidence in EnerGov .NET with dedicated account manager and EnerGov technical support team EnerGov Support and Maintenance Agreements go into effect immediately following Go-Live completion. Associated billing and payment for these services is provided in the contract schedules. Activities o Assistance in future business requirement tuning (included) o Refresher or advanced training services (standard rate) o On-demand custom reporting services (standard rate) 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 218 of 731 EnerGov .NET Systems Implementation / Statement of Work [11] Deliverables o System enhancing / support (as required) o User Training (as requested via web or onsite) o Weekly wellness checks with dedicated account manager 4.1 Milestone Planning Procedures The City of Renton and EnerGov Project Manager will manage and track the progress of milestone deliverables against the approved Task Plan. All Implementation Teams will document and coordinate their activities through the Project Manager thus assigned using the Task Plan. Progress will be reported to both party’s Project Director(s) and published on a bi-weekly basis by both the City’s Project Manager and the EnerGov Project Manager. Slipped Tasks of the Task Plan can be identified by either the City of Renton or the EnerGov Project Team. In the event of a slipped task, it will be the responsibility of the both parties to determine a process to resolve the task and agree upon the resolution date of the slipped task. If a schedule change is a result of slipped task a change order must be completed and agreed upon by both party’s Project Directors. 4.2 Hardware Expectations / Software Installation Any and all hardware required for this project is to be purchased by the City and must be installed and operable before the Configuration Milestone begins; all EnerGov software (test, development, and training instances) will be installed by EnerGov personnel during this phase. In conjunction with the City’s Project Technical Lead, EnerGov will facilitate the installation of each software component delineated under Section 3 - Components to be provided by EnerGov Solutions. The EnerGov Project technical team member will work with the City’s project lead to complete an installation journal documenting the entire installation process and acceptance criteria. Please find below an overview of EnerGov recommended server / client / mobile resources assuming eReviews technology will be implemented on the Application Server, specifications can be adjusted based upon different configurations: Database Server Specifications: Dell PowerEdge R710 Series or HP equivalent / Quad Core Xeon Processor (5500/5600 Series) 2 GHz+ or better/ 12 GB 133 MHz, Dual Ranked RDIMMs / 73GB 15K RPM Serial-Attach SCSI HotPlug HardDrive(s) / Integrated SAS/SATA RAID 1/RAID 5 / Additional Drive Space Provided by SAN / Microsoft Windows Server 2008 / Microsoft SQL Server 2008 Standard Application Server Specifications: Dell PowerEdge R710 Series or HP equivalent / Quad Core Xeon Processor (5500/5600 Series) 2 GHz+ or better/ 12 GB 133 MHz, Dual Ranked RDIMMs / 73GB 15K RPM Serial-Attach SCSI HotPlug HardDrive(s) / Integrated SAS/SATA RAID 1/RAID 5 / Additional Drive Space Provided by SAN / Microsoft Windows Server 2008 / IIS 7.0 External Application Server Specifications: VM Ware virtual server or HP Physical server equivalent Web Server Specifications: VM Ware virtual server or HP Physical server equivalent Client Specifications: Windows XP Professional SP 2 or Windows 7 / 2.0 GB RAM / 5 GB Free Space Recommended Mobile Units: Panasonic Toughbook 19 /1 GB RAM / 2 GB Free Space or comparable standard laptop with similar specifications *EnerGov is capable of running in a virtualized environment utilizing VM Ware and fully supports Windows 7 operating system. **The City will be responsible ensuring the stability of ESRI ArcGIS Server Advanced prior to the EnerGov .NET implementation. 4.3 Business Process Assessment and Analysis 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 219 of 731 EnerGov .NET Systems Implementation / Statement of Work [12] The City of Renton, in conjunction with the EnerGov Implementation Team will utilize standard “Best Practice” EnerGov business process flow documentation as a starting point for identifying the requirements for the implementation of EnerGov .NET. EnerGov will perform full business workflow/process analysis of all existing and documented processes and make appropriate system configurations and/or recommend appropriate process changes to best accommodate and promote a successful implementation and deployment the EnerGov .NET system. All business process workflows will be reviewed by City personnel familiar with each respective process and enhanced by the incorporation of site-specific reporting assembled for the City as part of this project. EnerGov will share all project specific workflow - business process design and analysis documentation to the City of Renton. 4.4 Design and Build The purpose of the design step is to identify the hierarchy of each business process discovered in the Assess Milestone and document all specifications and requirements needed to configure the EnerGov .NET system. EnerGov will be responsible for producing documents that outline the complete configuration of each business process. These documents, which may include (but are not limited to) configuration reports, Visio workflow diagrams, data conversion spreadsheets, excel fee structures, etc. will be submitted for review, approval and sign-off by the City’s Project Manager. The business analysis and design documents will be the basis for creating test scenarios for each of the business processes. These documents will be defined by the City with the assistance of the EnerGov project team. The Implementation Team will utilize a server with appropriate database licenses established by the City. The data instance will be protected from non-implementation team members and backed up in accordance with the normal IT procedures utilized by the City. It’s understood that non-implementation, “qualified technology staff”, members may routinely have access to this data instance but the City will be fully responsible for their actions, etc. EnerGov configuration specialists will train the Implementation Teams on the proper use and set up of custom tabs and menus. 4.5 Acceptance Testing: The purpose of the Acceptance Test is to execute and provide validation of all functions deemed mandatory for sign off and cut over to the production system. The criteria for signoff will be developed as part of the test plan development and solution design documentation. This shall include testing and validation of the City’s annual fee increase process. Software will not be moved into production until signoff on the testing milestone has been received. The City will provide qualified personnel for testing process set ups within EnerGov .NET when requested. Issues or problems that are identified during testing will be documented in an EnerGov approved incident log. During the project (i.e. after the business process review and setup) test procedures will be developed to lead to a formal acceptance of the system. Participation will be required of the City’s Implementation Team to specify and run testing in order to gain the right level of acceptance. The principal intent of the test plan is to provide a realistic exposure of the EnerGov .NET system to real-world business-case scenarios. Testing Stages: Configuration Testing EnerGov and the City will perform configuration testing to validate that each business process is configured to the design specifications as approved by the City in Section 4.4. Any changes required to meet the design specification as approved by the City in Section 4.4 will be the responsibility of EnerGov. A sign-off sheet will be provided to allow City personnel to approve that each business process matches the design specification. Business Process Testing Selected City end user(s) staff will perform business process testing with assistance from EnerGov. This will test the configured business process to validate that the business process flow is appropriate and efficient in a database 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 220 of 731 EnerGov .NET Systems Implementation / Statement of Work [13] environment. Any possible changes identified during this testing will be documented and presented to the EnerGov Implementation Team. EnerGov will review and make recommendations as to how to modify the business process. If applicable, EnerGov will make configuration modifications. All business process modifications will be the responsibility of the City, with support from EnerGov Staff. All business process testing will occur after configuration testing. Acceptance Process Testing The ability to complete processes accurately for each module presented in Section 3 - Components to be provided by EnerGov Solutions will be part of the functional testing of deliverables. The acceptance process will be based on project deliverables that will be documented on a mutually agreed upon form. Knowledge transfer to City staff to the point of independent performance shall be a standard item on each acceptance form. Moreover, each defined deliverable will include a standard acceptance form. Within the testing timeframe, the Implementation Team will utilize a range of severity levels in order to prioritize the impact of test scenario failure. These being: • Level 1 – Show Stopper. Cannot continue due to severity of error • Level 2 – Critical Issue. Testing can continue but error will hinder ability to go live • Level 3 – Major Problem. Testing can continue but business process will be impacted if put into a live setting • Level 4 – Medium Problem. Testing can continue and system can go live with minimal revision to business process • Level 5 – Minor Problem. Testing can continue and system can go live. Problem needs correction but does not impact business process. Response times and classification of issues into a severity level will be agreed upon by the City Implementation Team and EnerGov as part of the User Acceptance Test Plan. The City will complete testing in a reasonable amount of time (as per the estimated effort) and correctly identify and document all problems present during that ‘round’ of testing. Selected staff will be identified to test the system according to the agreed criteria from the Project User Acceptance Test Plan to ensure that the system’s implementation at their site is successful. The staff will address the areas of the EnerGov software that are relevant to their business. The solution will be tested under normal / usual conditions of operation, as well as some exceptions that may occur in the business process. This will ensure that any problems are identified during the testing and an appropriate solution is found while the Implementation Team is still deployed in order to address such issues. Early detection of problems will also lower the tendency for people in various areas to find their own workarounds, thereby eroding the benefits of a consistent approach to financial management and associated benefits. 4.6 Business Process Documentation & Training Documentation EnerGov shall provide step-by-step documentation for all core training provided in an editable format such that the City may enhance the information with specific processes and workflow information. The City may choose to provide step-by-step documentation for each business process. 4.7 Comprehensive Staff Training EnerGov will provide comprehensive, on-site turn-key training and Go Live Support to City staff as delineated the software purchase proposal. Training for this project will be conducted on-site by the EnerGov Implementation team and will consist of a combination of One-on-One training & Classroom training. EnerGov’s Project Manag er will coordinate the training sessions in conjunction with the City’s Project Manager. The City will be responsible for providing adequate space and equipment to conduct the training sessions unless otherwise noted (i.e. EnerGov 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 221 of 731 EnerGov .NET Systems Implementation / Statement of Work [14] provides the option for specialized training sessions @ its headquarters in Atlanta, GA for districts choosing to utilize this resource). Training and knowledge-transfer will be tailored around the unique business processes of each department/user- category: End-User, Administrative, Operations Staff, & IT Analysts. Additionally, standard EnerGov training sessions will include the following general user-business functions & user-roles: Standard Data Entry, Data Output, Reporting, and Editing features found in the standard functions of the EnerGov Solutions system Business Process Manager Training System Administrator Training Power-User Training Training Plan The number of days for each functional area and schedule will be finalized and agreed to by both City staff and EnerGov and will be based upon several factors including City staff size, scheduling availability, and the approved contract. End user training will be organized and facilitated by City staff & EnerGov team following the outlined task plan. Training courses offered will consist of the following: Core & Special Function Staff Training These classes will cover all facets of EnerGov.NET, MobileGov, and Citizen Access Portal (CAP). a. Target Audience i. Training Kick-Off - All Users split among these two sessions ii. Inspections - Building, Planning, Fire and Code Enforcement field inspectors iii. Permit Mgmt. - Permit Technicians and Permit Managers across all departments iv. Plan Mgmt. - Plan Case Managers, Plan Examiners and Plan Expediters (if applicable) v. Code Enforcement - Code Case Managers and Code Enforcement Officers vi. Licensing - License Technicians, License Manager and Auditors (if applicable) vii. Administrator - Power Users, System Administrator and Key Project Stakeholders where necessary viii. One-on-One Sessions - As needed, trainees sign-up on a first come first serve basis as training progresses ix. Make-Up Sessions – Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum b. Course Contents i. Training Kick-Off - Opportunity to kick-off training with a bang! Quick slideshow making the introductions of the EnerGov project team (PM, BA and Trainers), review of the training schedule in detail (similar to below), distribution and review of training materials, setting Training and Go- Live expectations and answering preliminary questions. Often times will also include a brief preview/demo of the EnerGov .NET application for those that have not seen it yet. ii. Inspections - Utilization of the Inspections Module including Searching, Managing and Reporting on field inspections in EnerGov .NET. These sessions will also cover how inspections are integrated into the workflows and business process of all modules. iii. Permit Mgmt. - Utilization of the Permit Mgmt. Module including Searching, Managing and Reporting on permits as they relate to Building, Engineering, Planning and Code Enforcement work in EnerGov .NET. These sessions will also cover how the permits are integrated into Planning, Inspections, Licensing and Code Enforcement. iv. Plan Mgmt. - Utilization of the Plan Mgmt. Module including Searching, Managing and Reporting on plan cases in EnerGov .NET. These sessions will also include how the Plan Mgmt. module and corresponding cases interact with Permitting, Planning, Inspection, Code Enforcement and Licensing. v. Code Enforcement - Utilization of the Code Mgmt. Module including Searching, Managing and Reporting on code cases in EnerGov .NET and their impact on system wide functionality. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 222 of 731 EnerGov .NET Systems Implementation / Statement of Work [15] vi. Licensing - Utilization of the License and Individual Licensing Modules including Searching, Managing and Reporting on Business and Individual Licenses in EnerGov .NET. vii. Administrator - Utilization of the Administrative Tools sets built into each of EnerGov .NET’s modules as well as system wide administration through the System Setup section of the application. These users will attend the other core training modules as they apply to their respective roles and responsibilities with the City in addition to attending these sessions. viii. One-on-One Sessions - Dedicated one-on-one sessions between EnerGov trainers and for those users still struggling with aspects of the software, those needing additional training on more advanced features and/or those users that missed any of the regularly scheduled core sessions and needs to make up that absence. c. Instructional Medium i. Training Kick-Off – Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. ii. Core Training Courses – Making up the bulk of our training schedule, these sessions will require a training lab with a minimum of 10 seats, desktop computers meeting EnerGov’s minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. iii. One-On-One Sessions – These sessions will be conducted at the trainee’s individual workstations or in a small training room with a single desktop computer meeting EnerGov’s minimum system requirements or better. d. Materials Required i. Desktops or Laptops – These should meet our exceed EnerGov’s minimum system specifications, be on the City Domain (network). ii. Projector and Screen – Widescreen, high-resolution projector capable of supporting 1280 X 800 or better. This will be required for the Training Kick-Offs and the Core Training Courses outlined above. iii. Network Connectivity – Out training team will need access to the City Domain (network) in order to point to and conduct training against the appropriate server environment(s). iv. Printer(s) – It is strongly recommended that a networked printer be made available in the training lab(s) where with Core Training Courses are conducted to allow the users to print and test reports produced from EnerGov .NET. e. List Training Facilities i. Training Kick-Off - Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. ii. Core Training Courses – Making up the bulk of our training schedule, these sessions will require a training lab with a minimum of 10 seats, desktop computers meeting EnerGov’s minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. iii. One-On-One Sessions – These sessions will be conducted at the trainee’s individual workstations or in a small training room with a single desktop computer meeting EnerGov’s minimum system requirements or better. Information Systems Staff Training These trainees will focus on the technical and system administration aspects of EnerGov.NET, MobileGov, and Citizen Access Portal (CAP). a. Target Audience i. Training Kick-Off - All Users split among these two sessions ii. EnerGov.NET Installation – Those users responsible for installing the EnerGov.NET application on client machines 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 223 of 731 EnerGov .NET Systems Implementation / Statement of Work [16] iii. User Administration - Those users responsible for administering the User Accounts, Roles and Security Rights within EnerGov.NET, CAP and MobileGov iv. Upgrading - Those users responsible for managing the upgrade process for Service Packs, Version Upgrades and other upgrades as required v. Crystal Reporting – Crystal Report Writers and general Report Development staff vi. Database Management – Database Administrators responsible for maintenance plans, back & recovery practices and general database administration tasks as required vii. GIS – GIS Analysts, GIS Developers and other GIS Department staff as required viii. eReviews – File Server managers, Web/IIS Administrators and other Network Administrators as required ix. Citizen Access Portal – Web and Network Administrators x. Dashboard Mgmt. – General IS Staff xi. MobileGov – Those users responsible for supporting the MobileGov application on client machines (specifically laptops) xii. Integrations – Application Management staff for those applications that EnerGov.NET will integrate with; including but not limited to Financial, Document Imaging and GIS integrations where necessary xiii. Support Services – Those users responsible for contacting, coordinating and fostering the relationship between The City and EnerGov’s Account Management and Client Support Services team xiv. Technical Administration – General IS Staff xv. DB Diagram Review – Database Administrators xvi. Technical Specs Review – General IS Staff xvii. SQL Queries – Database Administrators and General IS Staff xviii. Database Management – Database Administrators and General IS Staff xix. MobileGov Installation – Those users responsible for installing the MobileGov application on client machines (specifically laptops) xx. GeoRules – GIS Analysts, GIS Developers and other GIS Department staff as required xxi. Report Management – Crystal Report Writers and general Report Development staff xxii. Network Administration – General Network Administration staff xxiii. Feature Requests – General IS Staff xxiv. One-on-One Sessions - Dedicated one-on-one sessions between EnerGov trainers and for those users still struggling with aspects of the software, those needing additional training on more advanced features and/or those users that missed any of the regularly scheduled core sessions and needs to make up that absence. xxv. eCityGovAlliances’ API Training – Database Administrators, General Network Administration Staff b. Course Contents i. Training Kick-Off - Opportunity to kick-off training with a bang! Quick slideshow making the introductions of the EnerGov project team (PM, BA and Trainers), review of the training schedule in detail (similar to below), distribution and review of training materials, setting Training and Go- Live expectations and answering preliminary questions. Often times will also include a brief preview/demo of the EnerGov .NET application for those that have not seen it yet. ii. EnerGov.NET Installation – Installation and configuration of the EnerGov.NET application. iii. User Administration – Administration procedures for User Accounts, Roles and Security Rights within EnerGov.NET, CAP and MobileGov. iv. Upgrading - Managing the upgrade process for Service Packs, Version Upgrades and other upgrades as required. v. Crystal Reporting – Overview of EnerGov’s Crystal Reporting Engine including how to configure new reports, manage existing reports and an understanding of reporting parameters. vi. Database Management – Creation and management of SQL Server Maintenance Plans, Back & Recovery best practices and general database administration tasks as required. vii. GIS – Review of EnerGov’s GIS features including but not limited to Live-Link functionality, GIS Business Process drivers and general integration with existing GIS infrastructure. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 224 of 731 EnerGov .NET Systems Implementation / Statement of Work [17] viii. eReviews – Configuration, maintenance and management best practices for EnerGov’s eReviews system. ix. Citizen Access Portal – Implementation, configuration and management best practices for EnerGov’s Citizen Access Portal. x. Dashboard Mgmt. – Administration and management of EnerGov’s Executive Dashboards. xi. MobileGov – Administration of EnerGov’s mobile field inspection system including SQL Server Express installation, AirCard and VPN connectivity requirements and Web Service management via IIS. xii. Integrations – Review of all integration pieces developed specifically for The City’s backend system as they relate to EnerGov.NET. xiii. Support Services – Review of communication and coordination best practices when working with EnerGov’s Account Management and Client Services team. xiv. Technical Administration – Review of the standard administration principles of the EnerGov systems including commonly encountered issues and their respective resolutions. xv. DB Diagram Review – Opportunity to review the DB Diagrams for EnerGov’s Core modules. xvi. Technical Specs Review – Review of the minimum and recommended hardware and software requirements for EnerGov.NET, MobileGov, and Citizen Access Portal (CAPSQL Queries – Common and useful SQL Queries for backend administration and retrieval of data from within SQL Server. xvii. Database Management – Common database management principles as they relate to EnerGov. xviii. MobileGov Installation – Installation and configuration of the MobileGov application on client machines (specifically laptops). xix. GeoRules – Review the configuration and functionality of GeoRules in EnerGov and their impact on the GIS driven features in EnerGov. xx. Report Management – Management of Crystal Reports in EnerGov.NET, MobileGov and CAP. xxi. Network Administration – Common network administration principles as they relate to EnerGov. xxii. Feature Requests – Method of completing and submitting Feature Requests to EnerGov’s Account Management and Client Services team. xxiii. One-on-One Sessions – As needed, trainees sign-up on a first come first serve basis as training progresses xxiv. Make-Up Sessions – Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum c. Prerequisites i. With the employment of comprehensive training plan, it’s essential that the trainees involved be considered proficient in the use of technology, be comfortable with Microsoft centric products, possesses basic level computing skills, and be familiar with job specific GIS data. ii. Additionally, our training program is comprehensive and escalates in content and detail as the session progress; thus attendance at each training sessions necessitates attendance at the preceding session for it. d. Instructional Medium i. Training Kick-Off – Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. ii. Core Training Courses – Making up the bulk of our training schedule, these sessions will require a training lab with a minimum of 10 seats, desktop computers meeting EnerGov’s minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. iii. One-On-One Sessions – These sessions will be conducted at the trainee’s individual workstations or in a small training room with a single desktop computer meeting EnerGov’s minimum system requirements or better. e. Materials Required 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 225 of 731 EnerGov .NET Systems Implementation / Statement of Work [18] i. Desktops or Laptops – These should meet our exceed EnerGov’s minimum system specifications, be on the City Domain (network). ii. Projector and Screen – Widescreen, high-resolution projector capable of supporting 1280 X 800 or better. This will be required for the Training Kick-Offs and the Core Training Courses outlined above. iii. Network Connectivity – Out training team will need access to the City Domain (network) in order to point to and conduct training against the appropriate server environment(s). iv. Printer(s) – It is strongly recommended that a networked printer be made available in the training lab(s) where with Core Training Courses are conducted to allow the users to print and test reports produced from EnerGov .NET. f. List Training Facilities i. Training Kick-Off - Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. ii. Core Training Courses – Making up the bulk of our training schedule, these sessions will require a training lab with a minimum of 10 seats, desktop computers meeting EnerGov’s minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. iii. One-On-One Sessions – These sessions will be conducted at the trainee’s individual workstations or in a small training room with a single desktop computer meeting EnerGov’s minimum system requirements or better. Supervisory and High-Level Management Training These trainees will focus on the managerial and administrative aspects of EnerGov.NET, MobileGov, and Citizen Access Portal (CAP). a. Target Audience i. Training Kick-Off - All Users split among these two sessions ii. EnerGov Dashboard – All supervisory and high-level management power users iii. Inspections Module – All those supervisory and high-level management power users that need to be familiar with details related to field inspections in EnerGov.NET. These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Inspections Module. iv. Plan Mgmt. Module - All those supervisory and high-level management power users that need to be familiar with details related to Plan Cases in EnerGov.NET. These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Plan Mgmt. Module. v. Permit Mgmt. Module - All those supervisory and high-level management power users that need to be familiar with details related to Permits in EnerGov.NET. These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Permit Mgmt. Module. vi. Licensing Module - All those supervisory and high-level management power users that need to be familiar with details related to Business and Individual Licenses in EnerGov.NET. These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Business and Individual Licensing Modules. vii. Code Mgmt. Module - All those supervisory and high-level management power users that need to be familiar with details related to Code Cases in EnerGov.NET. These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Code Mgmt. Module. viii. MobileGov – Those users that need to understand the functionality offered by EnerGov’s mobile field inspection solution. ix. Citizen Access Portal – Those users that need to understand the functionality offered by EnerGov’s Citizen Access Web Portal. x. Inspection Reporting – Those users that need to understand the reporting features in EnerGov’s Inspections Module. xi. Plan Mgmt. Reporting - Those users that need to understand the reporting features on EnerGov’s Plan Mgmt. Module. xii. Permit Mgmt. Reporting - Those users that need to understand the reporting features on EnerGov’s Permit Mgmt. Module. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 226 of 731 EnerGov .NET Systems Implementation / Statement of Work [19] xiii. Licensing Reporting - Those users that need to understand the reporting features on EnerGov’s License Module. xiv. Code Mgmt. Reporting - Those users that need to understand the reporting features on EnerGov’s Code Mgmt. Module. xv. One-on-One Sessions - Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum b. Course Contents i. Training Kick-Off - Opportunity to kick-off training with a bang! Quick slideshow making the introductions of the EnerGov project team (PM, BA and Trainers), review of the training schedule in detail (similar to below), distribution and review of training materials, setting Training and Go- Live expectations and answering preliminary questions. Often times will also include a brief preview/demo of the EnerGov .NET application for those that have not seen it yet. ii. EnerGov Dashboard – In-depth review of EnerGov’s Executive Dashboard, including the interpretation of charts and graphs, utilization of the Bulletin Board and Task features and monitoring of EnerGov Software License usage. iii. Inspections Module –These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Inspections Module. iv. Plan Mgmt. Module - These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Plan Mgmt. Module. v. Permit Mgmt. Module - These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Permit Mgmt. Module. vi. Licensing Module - These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Business and Individual Licensing Modules. vii. Code Mgmt. Module - These sessions will cover reporting (standard and ad-hoc), searching and interpreting data in the Code Mgmt. Module. viii. MobileGov – Review of the functionality offered by EnerGov’s mobile field inspection solution. ix. Citizen Access Portal – Review of the functionality offered by EnerGov’s Citizen Access Web Portal. x. Inspection Reporting – Extensive review of the reporting features on EnerGov’s Inspections Module including standard reports, ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xi. Plan Mgmt. Reporting - Extensive review of the reporting features on EnerGov’s Plan Mgmt. Module including standard reports, ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xii. Permit Mgmt. Reporting - Extensive review of the reporting features on EnerGov’s Permit Mgmt. Module including standard reports, ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xiii. Licensing Reporting - Extensive review of the reporting features on EnerGov’s License Module including standard reports, ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xiv. Code Mgmt. Reporting - Extensive review of the reporting features on EnerGov’s Code Mgmt. Module including standard reports, ad-hoc reports and reporting parameters available to supervisory and high-level management power users. xv. One-on-One Sessions - Dedicated one-on-one sessions between EnerGov trainers and for those users still struggling with aspects of the software, those needing additional training on more advanced features and/or those users that missed any of the regularly scheduled core sessions and needs to make up that absence. xvi. Make-Up Sessions – Attended by users that missed sessions conducted earlier in the week and/or for those needing additional training so as to not get behind the curriculum c. Prerequisites i. With the employment of comprehensive training plan, it’s essential that the trainees involved be considered proficient in the use of technology, be comfortable with Microsoft centric products, possesses basic level computing skills, and be familiar with job specific GIS data. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 227 of 731 EnerGov .NET Systems Implementation / Statement of Work [20] ii. Additionally, our training program is comprehensive and escalates in content and detail as the session progress; thus attendance at each training sessions necessitates attendance at the preceding session for it. d. Instructional Medium i. Training Kick-Off – Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. ii. Core Training Courses – Making up the bulk of our training schedule, these sessions will require a training lab with a minimum of 10 seats, desktop computers meeting EnerGov’s minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. It is recommended that the projector be widescreen, high-resolution capable of supporting 1280 X 800 or better. iii. One-On-One Sessions – These sessions will be conducted at the trainee’s individual workstations or in a small training room with a single desktop computer meeting EnerGov’s minimum system requirements or better. e. Materials Required i. Desktops or Laptops – These should meet our exceed EnerGov’s minimum system specifications, be on the City Domain (network). ii. Projector and Screen – Widescreen, high-resolution projector capable of supporting 1280 X 800 or better. This will be required for the Training Kick-Offs and the Core Training Courses outlined above. iii. Network Connectivity – Out training team will need access to the City Domain (network) in order to point to and conduct training against the appropriate server environment(s). iv. Printer(s) – It is strongly recommended that a networked printer be made available in the training lab(s) where with Core Training Courses are conducted to allow the users to print and test reports produced from EnerGov .NET. f. List Training Facilities i. Training Kick-Off - Requires a large training room; preferably auditorium style seating with AV equipment capable of projecting the content from a laptop to a projector screen. ii. Core Training Courses – Making up the bulk of our training schedule, these sessions will require a training lab with a minimum of 10 seats, desktop computers meeting EnerGov’s minimum system requirements or better and AV equipment capable of projecting the content from a laptop to a projector screen. iii. One-On-One Sessions – These sessions will be conducted at the trainee’s individual workstations or in a small training room with a single desktop computer meeting EnerGov’s minimum system requirements or better. Training Participation Attendance at training sessions by City staff at the time and dates specified is imperative for a successful implementation of the system. It is recommended that a training coordinator be assigned by the City to ensure users are attending their courses when scheduled and to identify which persons do not attend the courses. This training coordinator may be a member of the City’s Implementation Team. The training coordinator will work with EnerGov to finalize the course list and attendance schedules as required for success. EnerGov will provide the trainer to conduct these classes. 4.8 Business Acceptance & Sign Off (By module) The joint project managers will present the final documented business process, configuration design and step-by- step process training documents to the City’s Project Director for review and final approval sign-off prior to the system “GO LIVE” decision. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 228 of 731 EnerGov .NET Systems Implementation / Statement of Work [21] 5.0 Project Staffing Roles / Expectations Project Director (1) – City of Renton The Project Director provides oversight to the entire project. The primary responsibility of the Project Director: • Carry the project through all parts of the City’s organization, • Oversight/Approval of scope of work changes, • Manage the minimization of changes to the scope of work, • Managing the contractual interaction between City staff and EnerGov, • Obtain funding for the project budget, • Ensuring the orderly payment of EnerGov’s bills as each milestone is met, • Provide executive sign off on Project Milestone achievements, • Track and ensure proper resolution of all project issues, • Manage project scope changes, • Lead the change management through the key City departments, • Track all project expenses, • Management and accountability for the Risk Management process, • Handle all public announcements and queries, and • Resolve all escalated issues, which might affect the project’s success. The Project Director will meet with the Implementation Team at least monthly during the implementation to review project development progress and resolve issues. Application Support Manager (1) – City of Renton The person assigned this role will be responsible for providing the City’s information technology systems support to EnerGov and the public user community throughout the project. Specifically, the responsibilities of this position are: Oversees technical tasks for the project, including: • Resolve all escalated technical issues which might affect the project’s success, • Creates and maintains the technical task schedule for the project. • Conducts laboratory testing of EnerGov’s software for compatibility with the City’s application portfolio prior to its distribution to production environment. • Prepares all purchase specifications for supplemental computer equipment and services. • Coordinates the City’s technical support activities for the project. • Assists the EnerGov application set up specialist with the initial installation and configuration of all of the software and hardware components. • Establishes and administers application security profiles for the user community. • Assists user community to utilize EnerGov’s library of standard reports, inquiries and balance tables to create custom reports for their organization. • Implement EnerGov Government & Finance interface templates as required • Collects, reports and tracks the status of EnerGov software trouble reports. • Coordinates the testing and installation of EnerGov software upgrades. • Monitors the performance of the applications and investigates performance problems. • Assists in the data conversion process by providing information about the City’s legacy databases, • Assists the application set up specialists in the creation of development, training and production instances and in implementing data access security, • Assists in troubleshooting data-related problems, 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 229 of 731 EnerGov .NET Systems Implementation / Statement of Work [22] • Monitors the performance of the EnerGov database, optimizes data distribution and indices and investigates performance problems, and • Establishes and implements data back-up processes. • Server Support- Assist the EnerGov application set up specialists in the installation, configuration, testing and deployment of EnerGov’s server-based software within the City’s servers. • Network Support - Assist the EnerGov application set up specialists in the installation, configuration, testing and deployment of EnerGov’s software within the City’s network. Project Manager (1) – City of Renton This role is the primary contact for EnerGov with regard to contractual topics. In partnership with the EnerGov Project Manager, the City’s Project Manager is responsible for the day-to-day oversight of the project and reports to the Project Directors. In general, this person is responsible for guiding their organization through the transition from the City’s legacy system to the EnerGov application. The position reports to the Project Director for day-to- day project direction. Specifically, the responsibilities of this position are: • Serve as coordinator of the City’s Implementation Team, • Create the master project plan and time line with assistance from the EnerGov Project Manager, • Develop the Project Resource Plan working with the EnerGov Project Manager, • Schedule and coordinate project tasks with assistance from the EnerGov Project Manager, • Coordinate the City’s Implementation Team resources, • Participate in daily project activities, • Track progress on project tasks, • Coordinate the development of the City’s End User Training Plan, • Develop and obtain approval of the City’s Roll-out and Transition Plans, and • Develop and obtain approval of the City’s Acceptance Plan. Functional and Business Core Team - City of Renton • Serve as Project Champions for day-to-day EnerGov users, Intra-City Departments, external Agencies and Stakeholders. • Serve as Division liaison for all business-related processes and tasks. • Serve as or define “process experts” who will be available for interview and will have adequate knowledge of the process to provide definitive answers regarding the process and associated business rules. • Serve as or define “process owners” (department heads, managers, supervisors) who will confirm and validate processes, including “sign-off”. • Serve an integral role in documenting business rules and process workflows within your division and for any other departments/divisions/agencies with whom you interact. • Provide requested information, documents, sample files, and other materials relevant to the process in a timely manner. • Participate in system configuration and validation processes. • Participate in development of the Test Plan to adequately assess the system during UAT. • Participate in UAT – including training, testing, legacy data conversion validation, and refinement of business rules. • Participate in development of the Training Plan. • Participate in training. • Participate in Go-Live transition. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 230 of 731 EnerGov .NET Systems Implementation / Statement of Work [23] 5.1 EnerGov Project Team EnerGov’s Project Director - Primary responsibility will be to assist Implementation Team when needed and provide issues resolution when necessary. The Project Director shall present the resumes of proposed consultants before they arrive on site and reviewed by the City’s Project Director. The City reserves the right not to approve a consultant. If a consultant hinders the project, the City may request a replacement, which will then go through the same approval process. Once a consultant spends significant time on the project, EnerGov will not remove them until their work is complete, although it is understood there may be other work done for other customers as well as this project. Additional Responsibilities include: • Senior Management contact from EnerGov for the duration of the project, • Contractual interaction between the City and EnerGov, • Conduct initial project startup meeting with the City’s Project Director, • Coordinate resourses for EnerGov’s activities, • Risk management review, • Provide issue resolution for issues escalated to EnerGov, • Participate in project reviews, with the EnerGov Implementation Team. EnerGov’s Project Manager - Primary responsibility will be to manage the project resources, schedules, timeline, status reports and billings. Additional Responsibilities include: • Primary contact from EnerGov for the duration of the project, • Team Leadership of EnerGov’s Resources, • Coordinate EnerGov’s activities with the City’s Project Manager during the project duration. • Coordinates the project’s interaction with any EnerGov subcontractor and/or service provider, • Participate in the initial project startup meeting with the City’s Project Manager, • Risk management, • Issue management, • Maintaining the project plan, • Scheduling & tracking of resources, • Project reporting, • Milestone sign off, preparation and delivery of milestone invoices, and • Participation in project reviews. EnerGov’s Implementation Team - Primary responsibility will be to manage & support EnerGov’s software and hardware implementation & deployment. Additional Responsibilities include: • Provide consulting advice to EnerGov and City Implementation Team members as deemed necessary by EnerGov, • Liaises with EnerGov to resolve outstanding issues. 6.0 Data Migration & Importation Data will be imported from the several, unrelated systems. The City is responsible for extracting the relevant data from source and providing it to EnerGov in MS Access or similar format (i.e .csv, delimited) for each defined business process. Reformatting, normalizing, and loading it into the new system will be the responsibility of the EnerGov data services department. Responsibility for data quality is held by the City. If additional interface points are required from EnerGov Solutions, they will be handled as part of the change control process. The City acknowledges that data conversions not part of the proposal will be billed at time and material rates negotiated between EnerGov and the City. Data imported by EnerGov is not guaranteed to be more accurate or more complete than the data provided to EnerGov. The following data importations have been included in the software purchase proposal: 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 231 of 731 EnerGov .NET Systems Implementation / Statement of Work [24] City of Renton Data Conversion o Accela Permits Plus Data Conversion o Fire Inspection FDM Data Conversion o Eden Business & Pet Licensing, Adult Entertainment Licenses Data Conversion City of Renton Proposed Interfaces o MBP Integration / API EnerGov will provide a custom API designed to work with MyBuildingPermits.com (MBP). The goal of the MBP API will be to create an easy to use, version independent integration point into the hosting cities EnerGov .NET system. This will be designed and maintained by EnerGov Solutions to facilitate multiple versions of the EnerGov software via one central API. This API will be designed around the permit and e-plan process designated by the City of Renton and eCityGov portal. o King County Owner Address EnerGov will consume designated data from data source (i.e. GIS, SQL, etc.) and provide necessary data presentation for end users. o King County Owner Address EnerGov will consume designated data from data source (i.e. GIS, SQL, etc.) and provide necessary data presentation for end users. o State Contractor License Interface EnerGov will provide a web service tool for license verifications (this integration will be the same specifications as the City of Renton, WA). o Microsoft Exchange EnerGov will provide a web service or comparable interface to bi-directionally report inspection schedules and related “free / busy” allocations. Users will be able to read their personal calendars within the Energov software even when the appointment/meeting was generated in Exchange/outlook. o Tyler / Eden Financial Interface EnerGov will provide necessary flat file export for daily financial transactions. o Laserfiche Integration Energov will integrate with the City’s Laserfiche application for electronic storage of all record retention files. o EAM Interface Energov will create an interface between Energov and EAM for creating Water Meter service requests/work orders in City’s Infor EAM software. o State Business License Interface EnerGov will provide a web service tool for license verification. 6.1 Report Writing and Workflow The City of Renton is responsible for additional custom report writing (in excess of 30 custom reports and the 7 allocated days within the implementation for a dedicated Crystal Report writing specialist). EnerGov will provide the City with documentation listing all standard reports available with the EnerGov Solutions product along with the database schema and dictionary. This can be used in teaching the City how to write reports and workflow or spent on actual reports and workflow development. Most report and workflow requirements can be met through minor modifications to the standard inquiries, standard workflow, sample report formats and EnerGov report templates developed specifically for government entities. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 232 of 731 EnerGov .NET Systems Implementation / Statement of Work [25] 6.2 Technical Support EnerGov personnel will have (Database Administrator) DBA privileges on the development and production instances. The EnerGov support will require RDP or equivalent access to the EnerGov server(s) with appropriate securities (power user access) to EnerGov folder(s). 6.3 Business Process Freeze Changes to business processes and rules will not occur after each City has signed-off of User Acceptance Testing, which will be signed off by the City of Renton Project Director as accepting the proposed business processes. Changes after that stage will be kept to the minimum necessary to meet changes in statutory or audit requirement, etc. All proposed changes to business processes and rules will be referred to the Implementation Team for an impact statement. Changes will not be implemented without the sign off from the Implementation Team. 6.4 Project Change Order - Defined As with any enterprise implementation, it may become necessary to amend this Statement of Work for various reasons including, but not limited to, the following: • Discretionary changes to the project schedule and/or scope • Requested changes to the work hours of EnerGov Project Team • Non-availability of products, resources or services which are beyond either party’s control • Environmental or architectural impediments not previously identified • Lack of access to personnel or facilities necessary to complete project In the event that circumstances necessitate a change or alteration to the Statement of Work, a Project Change Order (PCO) request will be created , documented and approved (by both parties) in order to formally amend the originally agreed upon project terms. (Note: A PCO may be initiated by either party and will be the primary, tangible, vehicle for communicating change order requests; a PCO may also be issued for any changes where decisions need to be documented but do not necessarily affect the project schedule, scope, or budget). The PCO will necessarily document, in sufficient detail, the following information: • Nature and Definition of the change • Reason(s) for the change requisition • Scope of the change in objective, measurable terms • Immediate and /or deferred effect(s) on the project plan, schedule, cost (if applicable) • Responsible party Project Change Order (PCO) - Procedure The designated Project Manager of the requesting party will review the proposed change and determine whether to submit the request to the other party. Both Project Managers will review the proposed change and approve it or reject it. If further investigation on the part of EnerGov is requested in order to determine the scope of the change, any charges for that investigation will be clearly outlined and presented to the City for evaluation and written acceptance. Both Project Managers will sign the PCO, indicating the acceptance of both parties to the requested changes, which may affect pricing, schedules, and contractual commitments. Upon acceptance of the change request by both project managers, the scope of work and costs will be modified appropriately, and the changes will be incorporated into the project. Any resulting Purchase Order(s) affected by the change will be indicated on the PCO, and the PCO Number will be referenced when invoicing for any additional charges against the P.O. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 233 of 731 EnerGov .NET Systems Implementation / Statement of Work [26] 6.5 Project Closing Summary Final system acceptance will occur within 60 days after “Go-Live” for which the City of Renton will be required to provide a comprehensive list of all open items, within the scope of this project, that must be resolved by EnerGov project personnel prior to final system approval, payments, etc. 6.6 Facility Requirements The City of Renton will provide the following facilities and accommodations for both the dedicated and transient members of the EnerGov Implementation Team(s). Implementation Team Work Space – The City will provide adequate workspace that will allow the EnerGov Implementation Team to facilitate interaction with the between Implementation Teams for the duration of the application project. The workspace will provide an area for up to three EnerGov employees with a chair, phone, and network connection for each EnerGov employee. EnerGov will use company provided cell phones for all long distance calls and will use City equipment for purposes of this project only. Conference Rooms – The City of Renton will provide access to conference rooms that can be reserved for the project throughout the duration of the project as needed. This arrangement will facilitate both planned meetings and spontaneous group discussions and reduce the interruptions to others members of the Implementation Team. 6.7 Dispute Resolution In the event of any dispute between the Parties, both Parties shall first attempt to resolve the dispute at the Project Manager level, or his/her equivalent, representing the City, and his/her equivalent, (name), or their replacement(s) representing EnerGov. If the dispute is not resolved at this level within ten (10) business days of the date the other party is first informed of the dispute in writing, the parties shall attempt to resolve the dispute at the Project Sponsor level (Project Director), or his/her equivalent representing the City, and the his/her equivalent, (name), representing EnerGov. 6.8 Support Procedures and Policies 1.0 HELP DESK SUPPORT 1.1 CALL THE HELP DESK When reporting an issue to the Help Desk, the customer should have all basic information and as much of the following data as possible available: • A business explanation of the issue’s severity • Application and revision (obtained from Help - About) • Module or screen where problem occurred • Detailed description of the problem, not generalities • Whether it is repeatable or random • Error logs or other data useful in determining resolution Priority 1 issues should be communicated by telephone to the Help Desk. All other priority levels can be logged via telephone, E-mail, or fax. The Help Desk is your main contact point for EnerGov and provides a means to get questions answered and problems resolved. Your request is logged into our automated 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 234 of 731 EnerGov .NET Systems Implementation / Statement of Work [27] CRM system and assigned a case number. This system is used to manage, control, and monitor your support issue. This becomes a central repository of common problem information and this repository will aid in reducing problem reoccurrence and speed the resolution of a problem that may have already been encountered by another customer site. 1.2 EnerGov confirms receipt of issue and priority EnerGov will work with you to mutually set the correct priority of each issue. However, EnerGov reserves the right to set the final priority within the framework established in Section 3. The customer will be notified the receipt of the issue via an automated email with the assigned case number. 1.3 EnerGov will work to resolve your issue or question The Help Desk staff will work to answer your question, analyze support issues, and coordinate the resolution of your concern. Help Desk coordination may include getting other EnerGov functional departments, such as Professional Services or Research & Development, involved. Please note: Customer is responsible for providing assistance in diagnosing the cause of any issue reported. Assistance may include providing listings of output and any other data that EnerGov may reasonably require in order to reproduce the problem and the operating conditions under which the problem occurred or was discovered. 1.4 EnerGov provides answer and seeks confirmation EnerGov will provide the answer, which may include written documentation, a program fix, a procedural work-around, or some other solution or material. After we feel the issue has been fully responded to, we will request a confirmation from you to close the issue. If we don’t get conformation back within 48hr’s we will consider the issue resolved and close the case. Once a case is closed a confirmation email will be sent to the contact that is listed in the CRM. 1.5 Custom report writing and modification EnerGov will quote this based on the then current report development rates. See Appendix B for the custom report request form. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 235 of 731 EnerGov .NET Systems Implementation / Statement of Work [28] 2.0 PRIORITY LEVELS AND RESOLUTION GOALS 2.1 Priority Levels: Priority Level Definition Expected Response Goal Resolution Time 1 Production/system is down and work cannot continue until problem is fixed. Or system is executing but not usable* output is generated. All parties to work continuously until problem is resolved. ASAP, with status reports daily if not fixed within 24 hours. 2 Inaccurate or loss of business data. The output is not being saved correctly or the defect prevents the nominal solution from being generated. Problem is occurring in a business critical module, and there is no work-around. Work should continue on a normal workday basis until a permanent solution is in place. 72 hours, with status reports every two days, if not fixed within 72 hours. 3 Issue is not critical to the business or there is a workaround to an otherwise priority 1 or 2 issue. Resolution is worked into a planned project repair and development schedule. Next Available Release 4 Trivial cosmetic, “aught-to- be,” or ease of use problem. Resolution deferred or development efforts are scheduled in the involved program(s) or software module. Future Release 5 Report Creation or Modification Reports that are not business critical and the client is not in a hurry to receive them. (“It would be nice if the report could show this”) 10 Days 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 236 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 1 10/09/09 ECityGov Alliance REQUEST FOR PROPOSAL RFP # 09-003 Regional Permit System Due Date and Time: Noon November 6, 2009 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 237 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 2 10/09/09 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be received by the eCityGov Alliance (“Alliance”) for: RFP # 09-003 Regional Permit System by filing with SoftResources LLC, 11411 NE 124th Street, Suite 270, Kirkland, WA 98034 until: Date: November 6, 2009 Time: Noon Vendor proposals and questions are to be sent to: Trisha Tubbs Director SoftResources LLC 11411 NE 124th Street, Suite 270 Kirkland, WA 98034 ttubbs@softresources.com Proposals submitted after the due date will not be considered. Proposers accept all risks of late delivery of mailed submittals regardless of fault. Statement of Rights The Alliance and the Participating Cities in this proposal (Bothell, Issaquah, Kirkland, Redmond, Renton and Sammamish) reserve the right to: • Reject any and all submittals, and to waive irregularities and informalities in the submittal and evaluation process. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 238 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 3 10/09/09 • Accept the bid, bids or parts of a bid deemed most advantageous to the Alliance, the Participating Cities or the Alliance’s Subscriber Entities (jurisdictions who subscribe with the Alliance to either participate in the intra-local agreement or for hosted services provided by the Alliance or a Participating City). • Amend the RFP in any manner prior to contract award. • Cancel or reissue the RFP. • Obtain clarification of any point in a vendor’s proposal. Such clarifications can be in any form such as but not limited to conference calls, email communications, Web demos, onsite demos or vendor headquarters visits. • Share the RFP, proposals and subsequent vendor provided information with its consultant(s) in order to secure expert opinion. • Videotape all demos • If applicable, request from the software vendor a different implementation provider than the one proposed or at its sole discretion, select a different implementation provider on its own. Clarification of Purchase Commitment and No Reimbursement of Proposal Costs This RFP does not obligate the Alliance to pay any costs incurred by respondents in the preparation and submission of their proposals. Furthermore, the RFP does not obligate the Alliance or its Participating Cities to accept or contract for any expressed or implied services. Public Disclosure Notice In order to protect the integrity of the contracting process, proposals will not be disclosed until after award and signing of any and all contracts that may result from this Request for Proposal. All materials provided by the Vendor are subject to State of Washington, and applicable County (e.g. King county) public disclosure laws. Any information contained in the proposal that the Vendor desires to claim as proprietary or confidential, and exempt from disclosure must be clearly designated, including identifying the page and particular exception(s) from disclosure. The Alliance will try to respect all material identified by the Vendor as being Proprietary or Confidential, but requests that Vendors be highly selective of what they mark as Confidential. The Alliance will make a decision predicated upon applicable laws and can choose to disclose information despite its being marked as confidential or proprietary. Marking the entire proposal as proprietary or confidential, and therefore, exempt from 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 239 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 4 10/09/09 disclosure will NOT be accepted or honored, and may result in disclosure of the entire proposal or disqualification of the proposal solely at the discretion of the Alliance. Documents identified as confidential or proprietary will not be treated as such if public disclosure laws take precedence, the information is publicly available, the information is already in the Alliance’s or Participating Cities’ possession, the information is obtained from third parties without restrictions on disclosure, or the information was independently developed without reference to the Confidential information. Non-Discrimination Policy The Alliance is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age, nationality, disability, or sexual orientation. The successful consultant must comply with the Alliance’s equal opportunity requirements. Dated this 9th day of October 2009. Trisha Tubbs Director SoftResources LLC 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 240 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 5 10/09/09 Table of Contents 1. NOTICE ............................................................................................................................................. 7 2. PURPOSE .......................................................................................................................................... 7 3. BACKGROUND ................................................................................................................................. 8 3.5 BACKGROUND: ECITYGOV ALLIANCE AND MYBUILDINGPERMIT.COM ....................................... 9 3.6 BACKGROUND INFORMATION FOR PARTICIPATING CITIES ........................................................ 11 3.7 DEFINITIONS ................................................................................................................................ 12 4. SCOPE OF SERVICES ....................................................................................................................... 13 4.1 LICENSE AND HOSTING OPTIONS TO MEET BUSINESS MODEL AND OBJECTIVES....................... 13 4.2 KEY MODULES/FUNCTIONALTY FOR PARTICIPATING CITIES ....................................................... 15 4.3 FUNCTIONAL REQUIREMENTS FOR REGIONAL PERMIT SYSTEM ................................................ 16 4.4 REQUIREMENTS FOR PRICE PROPOSAL ....................................................................................... 17 5. QUALIFICATIONS ........................................................................................................................... 17 6. SUBMITTAL REQUIREMENTS ......................................................................................................... 17 7. RFP SCHEDULE ............................................................................................................................... 25 8. RFP COORDINATOR/COMMUNICATIONS ...................................................................................... 26 9. EVALUATION CRITERIA .................................................................................................................. 26 10. QUESTIONS .................................................................................................................................. 28 11. REJECTION OF PROPOSALS .......................................................................................................... 28 12. PROPOSING PARTY’S EXCEPTIONS .............................................................................................. 29 13. CONTRACT NEGOTIATION ........................................................................................................... 29 14. CONTRACT AWARD ..................................................................................................................... 29 15. EQUAL OPPORTUNITY EMPLOYMENT ......................................................................................... 30 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 241 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 6 10/09/09 16. TITLE VI ........................................................................................................................................ 30 17. INSURANCE REQUIREMENTS ....................................................................................................... 30 19. NON-ENDORSEMENT .................................................................................................................. 30 22. PUBLIC RECORDS ......................................................................................................................... 31 24. OWNERSHIP OF DOCUMENTS ..................................................................................................... 32 Attachment A – Functional Requirements ........................................................................................... 33 Attachment B – Price Proposal ............................................................................................................ 34 Attachment C – Company Information and Qualifications .................................................................. 35 Attachment D – RFP Exceptions…………………………………………………………………………………………………….. 36 Attachment E – Terms and Conditions, and Sample Professional Services Agreements……………… .. 37 Attachment F – Technical Information and Requirements…………………………………………………………….. 38 Attachment G – Customer References………………………………………………………………………………………… 39 Attachment H – Other Requirements……………………………………………………………………………………………. 40 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 242 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 7 10/09/09 General Information RFP Issued: October 9, 2009 Proposals Due: November 6, 2009 Noon Request for Proposal Information: Submit Proposals to: RFP Number: RFP Title Contact person(s): Email Address(es): RFP # 09-003 Regional Permit System Trisha Tubbs Cherish Cruz ttubbs@softresources.com ccruz@softresources.com Physical Address: Mailing Address: eCityGov Alliance c/o SoftResources LLC 11411 NE 124th Street, Suite 270 Kirkland, WA 98034 eCityGov Alliance c/o SoftResources LLC 11411 NE 124th Street, Suite 270 Kirkland, WA 98034 1. NOTICE 1.1 Notice is hereby given that proposals will be received by the eCityGov Alliance, for RFP #09-003 Services Relating to Regional Permitting Software System, by filing with the Alliance at the above location. 2. PURPOSE 2.1 The purpose of this Request for Proposal is to assist the eCityGov Alliance (“Alliance”) members and subscribers (“Stakeholders”) in identifying qualified vendors that can offer permitting software that can integrate bi-directionally with the Alliance’s www.MyBuildingPermit.com portal and/or with an individual city’s own Web portal. The portal(s) will provide citizens and other stakeholders (such as architects and developers) the ability to apply for permits online, submit electronic plans, pay related fees, schedule inspections, check status, and other related functions. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 243 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 8 10/09/09 3. BACKGROUND 3.1 The Alliance is requesting proposals from qualified vendors to provide options for regional permitting software for the Alliance, six (6) participating cities and future jurisdictions which may decide to participate as part of an intra-local agreement or by subscribing to hosted services provided by the Alliance, one of the participating cities, or a vendor or 3rd party provider. Vendors are invited to submit a proposal outlining their experience and qualifications in performing work directly related to the scope required; their understanding of what the Alliance and the participating cities are doing and intend to do, and how the Vendor will help them meet their goals and objectives; their ability to meet the functional and other requirements as identified in this Request for Proposal (RFP); their proposed pricing as requested in this RFP; any other proposed alternatives or options to help the Alliance and the participating cities accomplish their goals and objectives; and their ability to meet the technology, contract terms and conditions, award and contracting options and timing, and payment terms of this RFP. 3.2 The current participating entities in this RFP are shown below: City of Bothell City of Issaquah City of Kirkland City of Redmond City of Renton City of Sammamish eCityGov Alliance 3.3 Not all Stakeholders will adopt a new permitting system at the same time. Stakeholders are also not bound to electronic plan submittal and review through participation in this phase of the project, nor to participation in the Alliance’s Web portal, www.MyBuildingPermit.com. 3.4 The jurisdictions within the Alliance are committed to finding a common solution that will integrate bi-directionally with the Alliance’s award winning MyBuildingPermit.com on-line permit portal, although in the case of the City of Redmond which has its own portal, Redmond would either utilize the vendor’s portal (this is Redmond’s first choice) or would require that the vendor allow Redmond’s portal to bi-directionally integrate with the vendor’s software. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 244 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 9 10/09/09 The goal of this procurement is to find a qualified vendor that will help us achieve our vision of: • Developing and maintaining consistent practices between participation jurisdictions • Becoming the most valued development services web portal in the nation • Delivering web-based, wireless, and paperless permitting and review processes and setting the benchmark for best practices • Offering consistent core services that meet the needs of our land development and contraction customers and citizens • Incorporating sustainability as a component of our practices Because the participating cities vary in size, requirements and project funding/budget, as will future subscribers and participating cities, it is possible that more than one vendor may be selected. Even if this should happen, there is a very strong preference to minimize the number of vendors selected. 3.5 BACKGROUND: ECITYGOV ALLIANCE AND MYBUILDINGPERMIT.COM This Regional Permit System RFP is being coordinated by the eCityGov Alliance, an inter-local government agency. The Alliance provides a number of cross-boundary Web service portals including MyBuildingPermit.com (“MBP.com”). The primary driver for the development and implementation of MBP.com and other Alliance services is to improve service to constituents by making services and information available online through cross-boundary, service oriented portals. The Alliance shared service model also significantly reduces member cost for providing these service channels. The Alliance project committees further enhance service delivery by simplifying and aligning business practices. The current iteration of MBP.com provides: • Online application, payment and issuance of over-the-counter permits • Permit status (all permits) • Online inspection scheduling • Construction tip sheets and inspection checklists • Training opportunities This year the Alliance began work on expanding the functionality of MBP.com to be able to accept all types of development permits, including those permit types which require plan review. Implementation of the expanded MBP.com functionality is scheduled to begin in the first quarter of 2010. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 245 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 10 10/09/09 It is important that responders to this RFP understand the relationship between the MBP.com member jurisdictions1 and that these jurisdictions do not plan to replace MBP.com with vendor proposed portal solutions. MBP.com member jurisdictions are seeking permit system solutions which can be easily interfaced to MBP.com and other systems. More information regarding the eCityGov Alliance is available online at www.eCityGov.net. 1 The City of Redmond is not an MBP.com member 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 246 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 11 10/09/09 3.6 BACKGROUND INFORMATION FOR PARTICIPATING CITIES Background information about the participating Cities is shown below. BOTHELL ISSAQUAH KIRKLAND REDMOND RENTON SAMMAMISH Population 32,400 26,000 49,010 51,530 83,650 40,260 Number of Parcels 10,390 14,000 13,107 13,624 (in City limits) 3,716 in UPD 24,453 17,000 Total # of Named Users 92 70 100 140 75 60 # of Field Users 8 12 15 20 20 5 Total # of Concurrent Users 30 55 45 50 35 20 MyBuildingPermit.com Member Yes Yes Yes No Yes Yes Financial System Tyler - EDEN Tyler - EDEN SunGard IFAS Oracle JDE Future: Tyler & Microsoft Dynamics AX Tyler - EDEN Springbrook Document Management System Laserfiche - - - Trim - - - Laserfiche - - - Electronic Plan review - - - - - - - - - ProjectDox - - - - - - 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 247 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 12 10/09/09 3.7 DEFINITIONS Host City The City of Bellevue, Washington, and its departments. (The City of Bellevue is the IT host and fiscal agent for the eCityGov Alliance) Alliance The eCityGov Alliance MyBuildingPermit.com MBP.com is a single shared web services portal that allows customers to purchase a variety of permits from member cities/counties with a single financial transaction (and single sign on). Stakeholders Member cities/counties that subscribe to, and offer services to the public through MyBuildingPermit.com or who are participating in this RFP. Proposing Party The vendor, firm or individual submitting the proposal. Successful Party The vendor, firm or individual awarded the contract. Software Product or solution offered by proposing party, hosted or non hosted. Software includes any third party solutions. Contract The agreement to be entered into for services between the Alliance and the Vendor who submits the proposal accepted by the Alliance. There may be multiple agreements which could also include agreements between a Stakeholder and the Vendor. RFP This Request for Proposal, including any amendments or other addenda hereto. Selection Committee The RFP Selection Committee is comprised of Alliance and Participating City staff. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 248 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 13 10/09/09 4. SCOPE OF SERVICES 4.1 LICENSE AND HOSTING OPTIONS TO MEET BUSINESS MODEL AND OBJECTIVES The Alliance is looking for a vendor that can provide permitting software for its Stakeholders which may take the form of a licensed solution for each individual City, a licensed solution for the Alliance to host for its various jurisdictional subscribers, some other subscription or hosted service, or some hybrid thereof. The Alliance and its Stakeholders are interested in a vendor that understands the business model and objectives of the Alliance and this project, and can deliver a cost effective and flexible solution that can meet the needs of the Alliance, the Participating Cities and future Stakeholders. The Alliance is also interested in any other creative solutions or options that a vendor may propose to meet its needs. ALTERNATIVE/OPTION FOR THE ALLIANCE, INDEPENDENT OF THE PARTICIPATING CITIES The Participating Cities are interested in a proposal that includes the total cost for an individual city to contract directly with the vendor for its own software license or to subscribe to the vendor’s hosted solution. As an alternative to this traditional self-hosted permit system model, the eCityGov Alliance is interested in exploring the possibility of providing a hosted solution for Alliance member jurisdictions, independent of the Participating Cities in this proposal. Over the past several years the Alliance has received a number of inquiries regarding a hosted permit system provided by (or through) the Alliance. The Alliance does not have a preconceived model of how such a hosted solution would be provided. The following are some initial thoughts that may help guide responses to this alternative. Alliance Hosted Solution option: • Could be hosted by the Alliance or vendor • Application business and IT support could be provided by the Alliance and/or vendor • Annual licensing and on-going support costs which can be readily pre-determined to create budget certainty for the jurisdiction of the hosted service. Ideally the hosted solution would offer opportunities to lower the cost of individual jurisdiction implementations. • At this point, the Alliance does not have any subscribers or users for this Alternative, so the proposing vendor will need to include in its proposal a pricing model that will give the Alliance the ability to do proposals (and pricing) to prospective jurisdictions. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 249 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 14 10/09/09 • The model proposed to the Alliance must also have the flexibility to handle unlimited growth in subscribers, preferably with a discount structure as incremental subscribers are added. Benefits of working with the Alliance: • Potential development of a best business practice model • Operational and strategic program management governance in place • Regional shared funding mechanisms in place • The Alliance has direct access to resources ranging from IT, line of business to executive leadership Responding to the Alliance Hosting alternative Proposing vendors are not required to respond to the self-hosted portion (pricing for Participating Cities) of the RFP if they are only responding to this Alternative. However, the applicant must complete responses to the functional requirements section in this RFP that are applicable to the City of Sammamish (which is serving as our “model requirements”), as well as the rest of the forms regarding company information, qualifications, exceptions to the RFP (including terms and conditions), technical information, references, non-collusion certificate, insurance requirements and equal opportunity requirements. The proposer should outline a Hosting proposal based on the considerations outlined above. The proposer is free to add other considerations and solutions to the proposal. The proposer shall also complete the pricing form for the eCityGov Alliance contained in this RFP. Alliance Hosting Alternative Proposal is Non-Binding Because there are so many unknowns at this time with the Alliance Hosting Alternative model (subscribers from multiple jurisdictions), further discussions and options may need to be explored with the vendor. Therefore, the Alliance Hosting Alternative proposal, and the materials contained therein, shall be considered a non-binding proposal by the proposer and the Alliance. Evaluation of Alternative Alliance Hosting Proposals The eCityGov Alliance is willing to consider a hosted (or cloud-based) alternative if the solution can show cost savings over a self-hosted solution. Any cost comparisons should be provided on the basis of full cost of ownership over a defined period of time. The solution should not compromise an individual jurisdiction’s ability to define business parameters such as permit types and fee schedules, manage system interfaces and provide business level support (such as report writing). 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 250 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 15 10/09/09 Vendors who would like to propose a hosted solution may do so as a stand-alone option or in conjunction with self-hosted solutions…in other words, two copies of the costing and technical sections of this RFP may be turned in if one offers a hosted model and the other offers a self- hosted model for the Participating Cities. 4.2 KEY MODULES/FUNCTIONALTY FOR PARTICIPATING CITIES The main functionality/modules for the permitting software for the Alliance and the Participating Cities is shown below. “R” means that this is a required module/functionality, “I” is important, “N” means that it is nice-to-have, “E” means that although it is not a requirement, that City is interested in exploring the vendor’s capabilities in this area. BOTHELL ISSAQUAH KIRKLAND REDMOND RENTON SAMMAMISH Planning/Zoning R R R R R R Permits R R R R R R Licensing N R R I R E Inspections R R R R R R Cash Receipting R R E R I R Project Tracking R R R R R R Code Enforcement R R R R R R Property History R R R R R R Financial Tracking R R R R R R Report Writer R R R R R R Key requirements for the permit management software are: • The vendor and its software must have the flexibility (technology, architecture, and contract terms) to allow the Alliance to use its own custom-developed Web portal 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 251 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 16 10/09/09 (www.mybuildingpermit.com) or, in the case of the City of Redmond, provide a full replacement of Redmond’s Web portal or allow Redmond to use its own custom- developed Web portal for bi-directional access to the vendor’s software. This includes but is not limited to the ability of citizens to use the Alliance or Redmond’s portal to access the software to fill out a permit application, pay fees, submit plans, create a new permit case in the vendor’s software and receive the new assigned permit case number from the software, get permit status, request an inspection and retrieve scheduling confirmation, and view payment and deposit status. This means that the vendor must be able to “expose” its software so that the Alliance can push data and transactions from its portal into the vendor’s software. • Guarantee pricing under this RFP for the Alliance, the Participating Cities and future Stakeholders for a minimum of three years from the first executed contract under this RFP. • Provide a guaranteed group discount for future Stakeholders/Subscribers. • Flexibility to allow the Alliance or a Participating City to host the software for other jurisdictions with no cap on the number of jurisdictions that can be supported. • The functional ability to meet the functional requirements identified in Attachment A – Functional Requirements • In the event that one instance of the software is used to support multiple jurisdictions, the software must be able to partition the data, case types, rules, configuration, etc. for each jurisdiction so that they are independent of each other, including how security and administration is handled for each jurisdiction. • The proposing party shall include with its proposal an implementation timeline showing the expected major milestones and completion dates for a Participating City. 4.3 FUNCTIONAL REQUIREMENTS FOR REGIONAL PERMIT SYSTEM Proposing parties must complete the form in Attachment A – Functional Requirements and submit it in the appropriate section of the proposal as described in Section 6 (Submittal Requirements) of this proposal. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 252 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 17 10/09/09 4.4 REQUIREMENTS FOR PRICE PROPOSAL Proposing parties must complete the form in Attachment B – Price Proposal and submit it in the appropriate section of the proposal as described in Section 6 (Submittal Requirements) of this proposal. 5. QUALIFICATIONS 5.1 This project will require the Vendor to have the following qualifications: 5.1.1. Three (3) or more years of related permitting system(s) and web interface experience (or comparable system experience). 5.1.2. Experience working with municipal and regulatory entities. 5.1.3. Identifiable practice supporting sustainability that has deliberately changed business practices including products and services in positive ways both economically and environmentally demonstrating reductions in use of energy consumption, paper, plastics, fossil fuels; and programs encouraging recycling and sustainable green products. 5.1.4. Knowledge, use and experience implementing integration between your permitting solution and industry standard government financial applications and ancillary government entity programs. 5.1.5. Strong written, verbal and interpersonal communication skills. 5.1.6. Ability to meet required deadlines as demonstrated by prior project history. 5.1.7. Knowledge of the entire development submittal, review and permit issuance process. Including but not limited to knowledge of: • Applicant business processes and requirements. • Department functions (planning, land use, building, transportation, utilities and fire). • Development services business processes and technical requirements. 6. SUBMITTAL REQUIREMENTS 6.1 Responses to this RFP must adhere to the submittal format described below with the information as identified in the following table. Where required, all referenced forms are to be signed by an authorized representative of your organization. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 253 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 18 10/09/09 To prepare your proposal, follow these instructions: A. Open the electronic version of this RFP in your word processing application (Microsoft Word 2003 or later is highly recommended). B. Copy all the forms in this RFP into your response and complete them. C. Your RFP response (your proposal) must adhere to the format described below with Sections (numbered as shown) and the content to be included in each Section. D. Your RFP response should be clearly tabbed, indexed and organized. All sections, pages, figures and tables must be numbered and clearly labeled. E.g. Section 1 is to be located behind the first tab, Section 2 is to be located behind the second tab, etc. E. Focus on accuracy of content, clarity and conciseness. SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION Section 1 Cover Letter Signed Cover Letter. A Cover Letter should be: On your letterhead Signed by an official in your organization authorized to bind his or her firm to all statements, including services, terms and conditions, and prices, contained in the proposal. State the length of time the proposal terms remain firm, which must be for a minimum of 120 days from the proposal due date. Please note that an unsigned cover letter may be cause for rejection of the proposal. Section 2 Company Information and Qualifications Complete the Company Information and Qualifications form in Attachment C – Company Information and Qualifications, and put it in this Section 2. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 254 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 19 10/09/09 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION If a 3rd party implementation partner or a Value Added Reseller (VAR) is part of this proposal, complete the Implementation Partner/VAR Company Information and Qualifications form in Attachment C. Please note that in the space provided in the Company Information and Qualifications form, vendors must identify the primary engagement contact for the software vendor –including a valid e-mail address. We reserve the right to require a vendor to provide additional information and/or request clarification of information provided. Section 3 Audited Financial Statement & Annual Report Copy of the Software Vendor’s most recent audited financial statement. Copy of the Software Vendor’s most recent annual report. If applicable, copy of the Implementation Partner’s or VAR’s most recent audited financial statement. If applicable, copy of the Implementation Partner’s or VAR’s most recent annual report. If you are privately held and do not disclose this information in your proposal, please include a signed statement in this Section that states how you will provide us with financial information that will assure us of your viability. Section 4 RFP Exceptions Complete and sign the RFP Exceptions form in Attachment D – RFP Exceptions, and include it this Section 4. Identify ALL Exceptions to this RFP, including contract terms and conditions, and proposed payment schedule. If you provide a sample of your contract you 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 255 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 20 10/09/09 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION are still required to identify in this Section 4 all exceptions you have to the minimum contract terms and conditions we identified in Attachment E – Terms and Conditions, and Sample Professional Services Agreement. We will not recognize any exceptions to this RFP unless they are clearly identified IN THIS SECTION of the RFP Response. Section 5 Scope of Services Include the following in this Section 5: Brief summary of your understanding of our project and the scope of work, and how you propose to meet our requirements and help us achieve our goals and objectives. Brief high level summary of the major components/features of your proposed software product Summary of any other modules or services that you offer that you feel that we should be aware of Summary of any alternative approach or option that you would like to propose. Details should be included in Section 15 - Alternative Proposal or Additional Options Please limit this section to no more than four (4) pages. Vendors are viewed more favorably if they understand our project, and are creative in proposing a solution that is flexible, meets our requirements (including terms and conditions), minimizes our costs (and maximizes our return on investment) and supports our business model of a fluctuating number of Participating Cities and Subscriber entities. Section 6 Functional Please include the completed Functional 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 256 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 21 10/09/09 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION Requirements Requirements form (Attachment A – Functional Requirements) in this section. Provide a response for each requirement. Leaving a requirement blank may deem a vendor unresponsive. A response of 3P, C, or F requires an explanation: - 3P: Name the 3rd party provider(s) that you use - C: 1 – 3 sentence explanation of what the customization is. - F: 1 – 3 sentence explanation of this future functionality and when general availability is (e.g. 4Q2012) Section 7 Technical Information and Requirements Please include the completed Technical Information form (see Attachment F – Technical Information and Requirements) in this section. Section 8 Customer References Please include the completed Customer References form (see Attachment G – Customer References) in this section. Provide at least five city references that are similar in size and requirements to our Participating Cities, and that have implemented your software in the past three years. Reference sites should be fully implemented and live on the current version of the software. References will be contacted (this may be an on-site 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 257 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 22 10/09/09 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION visit) as part of the proposal evaluation process. We are particularly interested in organizations with similar requirements, and size (population, parcels, users, etc.). Section 9 Price Proposal Complete the Price Proposal form (see Attachment B – Price Proposal), and include it in this Section 9. - There is a Price Proposal to be completed for each of the six (6) Participating Cities and one for the Alliance. - Voters will determine in early November if Kirkland will be annexing an area with a population of 33,800 people. Therefore, two price proposals are required for Kirkland. One is for its current size, and the second is for Kirkland’s larger size if the annexation is approved and 33,800 people are added to Kirkland’s population. - The Price Proposal for the Alliance is for an option in which the Alliance would host the Software for multi-jurisdiction subscribers, although there are no such subscribers or Software users at this point. A vendor may choose to only submit a proposal for this option (and, if so, is not required to submit Price Proposals for the Participating Cities.) Likewise, this Price Proposal for the Alliance is optional, so vendors who are only interested in submitting a proposal for the Participating Cities are not required to submit a proposal for the Alliance’s multi-jurisdiction hosting/subscriber option. - It is important to us to have the agreed upon 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 258 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 23 10/09/09 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION price and services rates guaranteed for three years, and to have discounts guaranteed for future subscribers. Section 10 Implementation Methodology Provide a brief overview of your implementation methodology and expected timeframe for this project including resources that we are required to provide. Please limit this to no more than three (3) pages. Section 11 Contracts, Terms and Conditions The contract for implementation and other professional services must be similar to the one shown in Attachment E – Contract, Terms and Conditions. Any license, hosting or subscription contracts should also contain terms and conditions similar to those shown in Attachment E – Contract, Terms and Conditions. Include in this Section 11 a copy of your proposed license, maintenance and implementation services agreements. NOTE: Although you are providing a copy of your proposed agreements, any exceptions to the Contract Terms and Conditions, and our sample professional services contract in Attachment E must be noted on the RFP Exceptions form (see Attachment D – RFP Exceptions) in Section 4 of your proposal. All exceptions (payment schedule, terms and conditions, project scope or anything else in this RFP) must be noted on the RFP Exception form in Section 4 of your proposal. Specific terms and conditions, as well as contract documents used will need to be approved by the applicable City Attorney, and may vary from the samples provided in Attachment E. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 259 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 24 10/09/09 SECTION TITLE INFORMATION TO BE INCLUDED IN THIS SECTION Section 12 Other Requirements Please provide the following as attachments found in Attachment H – Other Requirements of this RFP in this Section 12 - Other Requirements of your proposal: 1. Non-Collusion Certificate. This certificate must be notarized and signed by a person authorized to bind the Vendor to the assertions of compliance in that Certificate sufficiently to enable a cause of action to lie against Consultant in the event those assertions were breached. 2. Insurance Requirements. Please provide evidence of insurance in the required amounts. 3. Equal Opportunity Requirements. Please complete and sign the Affidavit of Equal Opportunity Compliance form. Section 13 Alternative Proposal or Other Vendor Information Use this section if you have an Alternative Proposal that does not fit into the normal structure of the required submittal format for this RFP, or any other material that you feel is important for our evaluation. Please limit the pages in this section. Clarity and conciseness are very important and any Alternative Proposals must support the project goals, scope, requirements and maximization of return on investment. We are not interested in unnecessary sales literature. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 260 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 25 10/09/09 6.2. Submittals shall be delivered in a sealed envelope or sealed box clearly marked with: RFP # 09-003 eCityGov Alliance Regional Permit System by the deadline listed above. 6.3 Required Number of Proposals Ten (10) completed and bound proposals as well as two (2) electronic copies, one in PDF format and one in the native file format of the form (e.g. Microsoft Word 2003 or 2007) must be received by the date and time listed. The Alliance, at its discretion, may make additional copies of the proposal for the purpose of evaluation only. The original proposal will include original signatures, in ink, by authorized personnel, on all documents that require an authorized signature. 6.4 File Format of Proposals The electronic document must be submitted in native file format (Microsoft Word 2003 or 2007), and in PDF format as noted above in 6.3. 6.4 Consultant’s Cost to Develop Proposals Costs for developing proposals in response to the RFP are entirely the obligation of the consultant and shall not be chargeable in any manner to the Alliance or the City. 7. RFP SCHEDULE 7.1. RFP Preliminary Schedule These dates are estimates and are subject to change by the Alliance. Event Date Release RFP October 9, 2009 Questions (if any) Due October 16, 2009 Proposal Responses Due Noon Pacific Time; November 6, 2009 Proposal Evaluation Complete November 20, 2009 Vendor Demo Week (1 day per demo) Please protect now December 7 – 11, 2009 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 261 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 26 10/09/09 Site Visits (if any occur) December 14 – 18, 2009 Contract Negotiations January 4 – 29, 2010 8. RFP COORDINATOR/COMMUNICATIONS 8.1. Upon release of this RFP, all consultant communications should be directed in writing to the RFP Coordinator listed below. Unauthorized contact regarding this RFP with other eCityGov Alliance or Participating City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the Alliance and the Participating Cities. The RFP Coordinator for this RFP will be: Name: Trisha Tubbs Address: eCityGov Alliance c/o SoftResources LLC 11411 NE 124th Street, Suite 270 Kirkland, WA 98034 Telephone: 425-216-4030 E-mail: ttubbs@softresources.com 9. EVALUATION CRITERIA 9.1 Evaluation Procedures Proposals will be evaluated by the Selection Committee. The Selection Committee will consider the completeness of a consultant’s proposal and how well the proposal meets the needs of the eCityGov Alliance. In evaluating the proposals, the Committee will be using a criteria evaluation process. Evaluations will be based on criteria as outlined in Section 9.2. All proposals will be evaluated using the same criteria and possible points. However, because of differences in requirements for the Participating Cities, evaluation points from a City may be different from the Alliance Selection 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 262 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 27 10/09/09 Committee. So, while it is the goal of the Committee to select one vendor, it may be possible that another vendor may be selected by a City because it is a better fit for its requirements. 9.2 Scoring and Evaluation Factors The evaluation factors reflect a wide range of considerations. While cost is important, other factors are also significant. Consequently, the Committee may select other than the lowest cost proposal. The objective is to choose the Vendor capable of providing quality software and professional services that will help the Alliance achieve the goals and objectives of the requested software and services within a reasonable budget. Evaluations of submittal packets will be based on criteria as below. All proposals will be evaluated using the same criteria and possible points. Evaluation Criteria Possible Points Responsiveness/Completeness of Proposal (i.e., Were all the forms completed and everything included that was required by the RFP? Were explanations in Comments or Additional Information areas adequate?) 10 Experience/Qualifications (i.e., does the proposing party have experience working within the requested services arena; experience working with municipalities; ability to successfully deliver/implement the scope of services; vendor’s ability to successfully work with the Alliance; proposing party’s references) 30 Scope of Services (i.e., how well does the solution meet our requirements and will it help the Alliance and/or the Participating Cities to successfully achieve the MBP.com vision and/or an individual City’s vision; did the Vendor propose any revisions and/or changes to the draft Scope of Services that would better serve the Alliance; and is the Vendor able to meet the Alliance’s and/or Participating Cities’ terms and conditions.) 40 Budget (i.e., does the budget seem reasonable for the scope of services proposed; does the budget provide the Alliance good value; and does the budget maximize total return on investment.) 20 Total Points Possible 100 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 263 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 28 10/09/09 9.3 Vendor Scripted Demo and Presentation, Committee Interview and/or Additional Information or Reviews After the proposals are evaluated, the Selection Committee will determine whether formal presentations, scripted software demonstrations and interviews are necessary, and if so, which proposing parties may be invited to make a formal presentation, scripted demo and/or sit for a panel interview with the Selection Committee. The Alliance may choose not to require formal presentations or interviews. The Alliance may choose to contact officials from other jurisdictions regarding the contractor, their prior work experience and their ability to successfully complete the scope of services. The Alliance may request clarification or additional information from a specific contractor in order to assist in the Alliance’s evaluation of a proposal, including but not limited to conference calls and Web demos. Finally, the Alliance may require changes in the scope of services as deemed necessary by the Alliance, before execution of the Contract. 9.4 Final Selection The Selection Committee will formulate their recommendation for award of the Contract, and forward their selection to the Alliance Executive Board for approval. 10. QUESTIONS 10.1 Questions regarding this project may be directed to RFP coordinator via e-mail at ttubbs@softresources.com. Unauthorized contact regarding this RFP with other Alliance or Participating City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the Alliance. Any questions will be answered in writing and posted on the Alliance’s website at www.ecitygov.net under “Document Center”, “RFP”. It is the responsibility of individual firms to check the website for any amendments or Q & A’s to this RFP. 11. REJECTION OF PROPOSALS 11.1 The Alliance reserves the right to reject any and all Proposals and to waive irregularities and informalities in the submittal and evaluation process. This RFP does not obligate the Alliance to pay any costs incurred by respondents in the preparation and submission of their Proposals. Furthermore, the RFP does not obligate the Alliance to accept or contract for any expressed or implied services. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 264 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 29 10/09/09 12. PROPOSING PARTY’S EXCEPTIONS 12.1 Submittals must clearly identify on the RFP Exceptions form (see Attachment D) any and all exceptions that the proposing party takes to this RFP including but not limited to any terms and conditions listed in the RFP document, the Professional Services Agreement and Terms and Conditions in Attachment E, and the Alliance’s Standard Insurance Requirements and other requirements in Attachment I. 13. CONTRACT NEGOTIATION 13.1 The Alliance reserves the right to negotiate with the selected Vendor that, in the opinion of the Alliance, has submitted a proposal that is the “best value”. In no event will the Alliance be required to offer any modified terms to any other Vendor prior to entering into an agreement with a proposer and the Alliance shall incur no liability to any proposer as a result of such negotiation or modifications. It is the intent of the Alliance to ensure it has the flexibility it needs to arrive at a mutually acceptable agreement. Negotiations may include, but not be limited to, matters such as: 13.1.1. Minor changes to scope of work 13.1.2. Contract details 13.1.3. Contract payment details 13.1.4. Service requirements 14. CONTRACT AWARD 14.1 The Alliance and the Participating Cities reserve the right to make an award without further discussion of the proposals. The selected Vendor will be expected to enter into a contract with the Alliance and/or a Participating City. A sample Professional Services Agreement and general terms and conditions are provided in Attachment E. Please review this agreement and the terms and conditions prior to submitting a proposal. If the selected vendor fails to sign the contract within 5 (five) business days of delivery of the final contract, the Alliance and/or a Participating City may elect to negotiate a contract with the next-highest ranked vendor. The Alliance and the Participating Cities shall not be bound, or in any way obligated, until both parties have executed a contract. No party may incur any chargeable costs prior to the execution of the final contract. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 265 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 30 10/09/09 15. EQUAL OPPORTUNITY EMPLOYMENT 15.1 The successful Vendor or Vendors must comply with the Alliance’s and Participating Cities’ equal opportunity requirements. The Alliance and the Participating Cities are committed to a program of equal employment opportunity regardless of race, color, creed, sex, age, nationality, disability or sexual orientation. 16. TITLE VI 16.1 It is the Alliance’s and participating Cities’ policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. 17. INSURANCE REQUIREMENTS 17.1 The selected Vendor or Vendors shall maintain insurance that is sufficient to protect the Consultant’s business against all applicable risks, as set forth in the Alliance’s and Participating Cities’ Standard Insurance Requirements in Attachment H. Please review insurance requirements prior to submitting a proposal. If the selected Vendor is unable to meet these standard requirements, please note current or proposed insurance coverages as an exception to the RFP. Standard requirements may be negotiated if it is in the best interest of the Alliance and/or the Participating Cities. 18. BUSINESS REGISTRATION AND TAXATION 18.1 The Vendor or Vendors awarded the contract may be subject to local business registration and taxation. It is the Proposing Party’s responsibility to contact the individual jurisdiction(s) in which they do business to determine these requirements 19. NON-ENDORSEMENT 19.1 As a result of the selection of a Vendor to supply products and/or services to the Alliance and the Participating Cities, the Vendor must agree to make no reference to the Alliance and the Participating Cities in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the Alliance and the Participating Cities. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 266 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 31 10/09/09 20. NON-COLLUSION 20.1 The proposal submitted for this RFP shall include the Non-Collusion Certificate See Attachment H). 21. COMPLIANCE WITH LAWS AND REGULATIONS 21.1 In addition to nondiscrimination compliance requirements previously listed, the Vendor or Vendors ultimately awarded a contract shall comply with federal, state and local laws, statutes and ordinances relative to the execution of the work. This requirement includes, but is not limited to, protection of public and employee safety and health; environmental protection; waste reduction and recycling; the protection of natural resources; permits; fees; taxes; and similar subjects. The Vendor or Vendors ultimately awarded a contract must be organized and validly exist as a corporation or partnership in good standing, and licensed to do business in the City which awarded the contract, or, in the case of a contract award by the Alliance, in the City of Bellevue, Washington. 22. PUBLIC RECORDS 22.1 Under Washington state law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in response to this RFP (the “documents”) become a public record upon submission to the Alliance and the Participating Cities, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. If the Alliance and/or Participating Cities receive a request for inspection or copying of any such documents it will promptly notify the person submitting the documents to the Alliance and/or Participating City (by U.S. mail and by fax if the person has provided a fax number) and upon the written request of such person, received by the Alliance and/or Participating City within five (5) days of the mailing of such notice, will postpone disclosure of the documents for a reasonable period of time as permitted by law to enable such person to seek a court order prohibiting or conditioning the release of the documents. The Alliance and the Participating Cities assume no contractual obligation to enforce any exemption. 23. COOPERATIVE PURCHASING 23.1 RCW 39.34 allows cooperative purchasing between public agencies (political subdivisions) in the State of Washington. Public agencies that file an Interlocal Joint Purchasing Agreement with the Alliance may also wish to procure the goods and/or services herein offered by the selected Vendor or Vendors. The selected Vendor or Vendors shall have the option of extending its offer 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 267 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 32 10/09/09 to the Alliance and the Participating Cities to other agencies for the same cost, terms and conditions. 23.2 The Alliance and the Participating Cities do not accept any responsibility for agreements, contracts or purchase orders issued by other public agencies to the Vendor. Each public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency. The Alliance and the Participating Vendors accept no responsibility for the performance of the Vendor in providing goods and/or services to other public agencies, nor any responsibility for the payment price to the Vendor for other public agency purchases. 24. OWNERSHIP OF DOCUMENTS 24.1 Any reports, studies, conclusions and summaries prepared by the Vendor shall become the property of the Alliance. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 268 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 33 10/09/09 Attachment A – Functional Requirements Complete the Functional Requirements form embedded in this Attachment A and submit it in the appropriate section of the proposal. To open the document, click on the icon below. Functional Requirements 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 269 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 34 10/09/09 Attachment B – Price Proposal Complete the Price Proposal form for each of the Participating Cities and the Alliance (the form is embedded in this Attachment B) and submit it in the appropriate section of the proposal. To open the document, click on the icon below. Permit Software Price Proposal 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 270 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 35 10/09/09 Attachment C – Company Information and Qualifications Complete the Company Information and Qualifications form embedded in this Attachment C for the Vendor and for any Implementation Partner or Value Added Reseller (VAR) participating in the proposal, and submit it in the appropriate section of the proposal. To open the document, click on the icon below. Company Information & Qualifications 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 271 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 36 10/09/09 Attachment D – RFP Exceptions Complete the Functional Requirements form embedded in this Attachment D and submit it in the appropriate section of the proposal. To open the document, click on the icon below. RFP Exceptions 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 272 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 37 10/09/09 Attachment E – Terms and Conditions, and Sample Professional Services Agreement Please review the Terms and Conditions, and the Sample Professional Services Agreement which are embedded in this Attachment E. To open the documents, click on the icons below. Contract Terms and Conditions Sample Professional Services Agreement 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 273 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 38 10/09/09 Attachment F – Technical Information and Requirements Complete the Technical Information and Requirements form embedded in this Attachment F and submit it in the appropriate section of the proposal. To open the document, click on the icon below. Technical Information & Requirements 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 274 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 39 10/09/09 Attachment G – Customer References Complete the Customer References form embedded in this Attachment G and submit it in the appropriate section of the proposal. To open the document, click on the icon below. Customer References 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 275 of 731 Request For Proposal # 09-003 Regional Permit System Issue Date: 10-09-2009 Page 40 10/09/09 Attachment H – Other Requirements Review and complete the applicable documents regarding Non Collusion, Insurance Requirements and Equal Opportunity Requirements embedded in this Attachment H as requested in this RFP, and submit them in the appropriate section of the proposal. To open the documents, click on the icon below. Non Collusion Certificate Insurance Requirements Equal Opportunity Requirements 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 276 of 731 "Exhibit E" 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 277 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 278 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 279 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 280 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 281 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 282 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 283 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 284 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 285 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 286 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 287 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 288 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 289 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 290 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 291 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 292 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 293 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 294 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 295 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 296 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 297 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 298 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 299 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 300 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 301 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 302 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 303 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 304 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 305 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 306 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 307 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 308 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 309 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 310 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 311 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 312 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 313 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 314 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 315 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 316 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 317 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 318 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 319 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 320 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 321 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 322 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 323 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 324 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 325 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 326 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 327 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 328 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 329 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 330 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 331 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 332 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 333 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 334 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 335 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 336 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 337 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 338 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 339 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 340 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 341 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 342 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 343 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 344 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 345 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 346 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 347 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 348 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 349 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 350 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 351 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 352 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 353 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 354 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 355 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 356 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 357 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 358 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 359 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 360 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 361 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 362 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 363 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 364 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 365 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 366 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 367 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 368 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 369 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 370 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 371 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 372 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 373 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 374 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 375 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 376 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 377 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 378 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 379 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 380 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 381 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 382 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 383 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 384 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 385 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 386 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 387 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 388 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 389 of 731 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 390 of 731 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: PRODUCER CUSTOMER ID #: INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N/A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person)$ ALL OWNED AUTOS BODILY INJURY (Per accident)$ SCHEDULED AUTOS PROPERTY DAMAGE (Per accident)$ HIRED AUTOS $NON-OWNED AUTOS $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $$ WC STATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below c SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2009/09) O CERTIFICATE OF LIABILITY INSURANCEACORDTM 3/22/2011 BB&T - Sidney O. Smith 200 Broad Street (30501) PO Box 1357 Gainesville, GA 30503 Lisa Mitcheltree 770 536-3311 866-925-7124 Energov Solutions LLC 2160 Satellite Blvd Ste 300 Duluth, GA 30097 Hartford Underwriters Insurance Hartford Fire Insurance Company Sentinel Insurance Company, Ltd 30104 19682 11000 A X X X X 20SBAUT9181 10/09/2010 10/09/2011 4,000,000 4,000,000 2,000,000 2,000,000 300,000 10,000 C X X X 20UECJD1825 10/09/2010 10/09/2011 1,000,000 A X X 10000 X X 20SBAUT9181 10/09/2010 10/09/2011 3,000,000 3,000,000 B Y X 20WECRW4354 10/09/2010 10/09/2011 X 1,000,000 1,000,000 1,000,000 A Professional Liab 20SBAUT9181 10/09/2010 10/09/2011 $1,000,000 Occurrence $2,000,000 Aggregate (See Attached Descriptions) City of Renton 1055 S. Grady Way Renton, WA 98057 1 of 2 #S6530917/M6227676 128ENERGSOL1Client#: 1214286 STMC 1 of 2 #S6530917/M6227676 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 391 of 731 AMS 25.3 (2009/09) DESCRIPTIONS (Continued from Page 1) City of Renton is additional insured with respects to the General Liability coverage which includes Primary & Non-Contributory coverage when required by a written contract, Form SS 00 08 04 05 attached. This Certificate replaces previous Certificate of Insurance issued. 2 of 2 #S6530917/M6227676 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 392 of 731 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 05 © 2005, The Hartford 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 393 of 731 QUICK REF ERENCE BUSINESS LIA BIL ITY CO VERA GE F ORM REA D YOUR PO LICY CAREF ULL Y BUSINESS LIABILITY COVERAGE FORM Beginning on Page A.COVERAGES 1 1Business Liability 2Medical Expenses 2CoverageExtension -Supplementary Payments B.EXCLUSIONS 3 C.WHO IS AN INSURED 10 D.LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E.LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1.15Bankruptcy 2.15DutiesInTheEventOf Occurrence,Offense,Claim Or Suit 3.16FinancialResponsibilityLaws 4.16Legal Action Against Us 5.16SeparationOf Insureds 6.16Representations 7.16OtherInsurance 8.17TransferOf Rights Of Recovery Against Others To Us F.OPTIONAL ADDITIONAL INSURED COVERAGES 18 18AdditionalInsureds G.LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 394 of 731 ABCDEFGHIJ BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations.The words "we", "us"and "our"refer to the stock insurance company member of The Hartford providing this insurance. CTheword "insured" means any person or organization qualifying as such under Section . -Who Is An Insured. GOtherwordsandphrasesthatappearinquotationmarkshavespecialmeaning.Refer to Section .-Liability And Medical Expenses Definitions. (a)The "bodily injury"or "property A.COVERAGES damage"is caused by an 1.BUSINESS LIABILITY COVERAGE (BODILY "occurrence"that takes place in the INJURY,PROPERTY DAMAGE,PERSONAL "coverage territory";AND ADVERTISING INJURY) (b)The "bodily injury"or "propertyInsuringAgreementdamage"occurs during the policy a.We will pay those sums that the insured period; and becomes legally obligated to pay as (c)Prior to the policy period,no insureddamagesbecauseof"bodily injury", 1.listed under Paragraph of Section"property damage"or "personal and C.–Who Is An Insured and noadvertisinginjury"to which this insurance "employee"authorized by you to giveapplies.We will have the right and duty to or receive notice of an "occurrence"defend the insured against any "suit" or claim, knew that the "bodily injury"seeking those damages.However,we will or "property damage"had occurred,have no duty to defend the insured against in whole or in part.If such a listedany"suit"seeking damages for "bodily insured or authorized "employee"injury","property damage"or "personal and knew,prior to the policy period,thatadvertisinginjury"to which this insurance the "bodily injury"or "propertydoesnotapply.damage"occurred,then any We may,at our discretion,investigate any continuation,change or resumption "occurrence"or offense and settle any claim of such "bodily injury"or "property or "suit" that may result. But:damage"during or after the policy period will be deemed to have been(1)The amount we will pay for damages is known prior to the policy period.D.limited as described in Section - (2)To "personal and advertising injury" Liability And Medical Expenses Limits caused by an offense arising out of your Of Insurance; and business,but only if the offense was(2)Our right and duty to defend ends when committed in the "coverage territory" we have used up the applicable limit of during the policy period.insurance in the payment of judgments, c."Bodily injury"or "property damage"will be settlements or medical expenses to which deemed to have been known to have this insurance applies. occurred at the earliest time when any No other obligation or liability to pay sums or 1.insured listed under Paragraph of Section perform acts or services is covered unless C.–Who Is An Insured or any "employee" explicitly provided for under Coverage authorized by you to give or receive noticeExtension-Supplementary Payments. of an "occurrence" or claim:b.This insurance applies: (1)Reports all,or any part,of the "bodily (1)To "bodily injury"and "property injury"or "property damage"to us or damage" only if:any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005,The Hartford 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 395 of 731 BUSINESS LIABILITY COVERAGE FORM (2)b.Receives a written or verbal demand or We will make these payments regardless of claim for damages because of the "bodily fault.These payments will not exceed the injury"or "property damage";or applicable limit of insurance.We will pay reasonable expenses for:(3)Becomes aware by any other means that (1)"bodily injury"or "property damage"has First aid administered at the time of an occurred or has begun to occur.accident; d.(2)Damages because of "bodily injury"include Necessary medical,surgical,x-ray and damages claimed by any person or dental services,including prosthetic organization for care,loss of services or devices;and death resulting at any time from the "bodily (3)Necessary ambulance,hospital, injury".professional nursing and funeral e.Incidental Medical Malpractice services. (1)"Bodily injury"arising out of the 3.COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a.We will pay,with respect to any claim or physician,dentist,nurse,emergency "suit"we investigate or settle,or any "suit" medical technician or paramedic shall against an insured we defend:be deemed to be caused by an (1)All expenses we incur."occurrence", but only if: (2)Up to $1,000 for the cost of bail bonds (a)The physician,dentist,nurse, required because of accidents or traffic emergency medical technician or law violations arising out of the use of paramedic is employed by you to any vehicle to which Business Liability provide such services; and Coverage for "bodily injury"applies. We (b)You are not engaged in the do not have to furnish these bonds.business or occupation of providing (3)The cost of appeal bonds or bonds to such services. release attachments,but only for bond (2)For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance.We do not have to furnish malpractice,any act or omission these bonds.together with all related acts or (4)All reasonable expenses incurred by the omissions in the furnishing of these insured at our request to assist us in the services to any one person will be investigation or defense of the claim or considered one "occurrence". "suit",including actual loss of earnings 2.MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a.We will pay medical expenses as described (5)All costs taxed against the insured in below for "bodily injury"caused by an the "suit". accident:(6)Prejudgment interest awarded against (1)On premises you own or rent;the insured on that part of the judgment we pay.If we make an offer to pay the (2)On ways next to premises you own or applicable limit of insurance,we will not rent;or pay any prejudgment interest based on (3)Because of your operations;that period of time after the offer. provided that:(7)All interest on the full amount of any (1)The accident takes place in the judgment that accrues after entry of the "coverage territory"and during the judgment and before we have paid, policy period;offered to pay,or deposited in court the part of the judgment that is within the (2)The expenses are incurred and reported applicable limit of insurance.to us within three years of the date of the accident; and (1)(7)Any amounts paid under through above will not reduce the limits of insurance.(3)The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 396 of 731 BUSINESS LIABILITY COVERAGE FORM b.If we defend an insured against a "suit" So long as the above conditions are met, and an indemnitee of the insured is also attorneys'fees incurred by us in the named as a party to the "suit",we will defense of that indemnitee,necessary defend that indemnitee if all of the litigation expenses incurred by us and following conditions are met:necessary litigation expenses incurred by the indemnitee at our request will be(1)The "suit"against the indemnitee paid as Supplementary Payments.seeks damages for which the insured has assumed the liability of the Notwithstanding the provisions of 1.b.(b)B.indemnitee in a contract or agreement Paragraph of Section – that is an "insured contract";Exclusions,such payments will not be deemed to be damages for "bodily (2)This insurance applies to such liability injury"and "property damage"and will assumed by the insured; not reduce the Limits of Insurance.(3)The obligation to defend, or the cost of Our obligation to defend an insured's the defense of,that indemnitee,has indemnitee and to pay for attorneys'fees also been assumed by the insured in and necessary litigation expenses as the same "insured contract"; Supplementary Payments ends when:(4)The allegations in the "suit"and the (1)We have used up the applicable limit information we know about the of insurance in the payment of "occurrence"are such that no conflict judgments or settlements; orappearstoexistbetweentheinterests (2)of the insured and the interest of the The conditions set forth above,or the indemnitee;terms of the agreement described in (6)Paragraph above,are no longer met.(5)The indemnitee and the insured ask us to conduct and control the defense B.EXCLUSIONS of that indemnitee against such "suit" 1.Applicable To Business Liability Coverageandagreethatwecanassignthe This insurance does not apply to:same counsel to defend the insured and the indemnitee;and a.Expected Or Intended Injury (6)The indemnitee:(1)"Bodily injury"or "property damage" expected or intended from the (a)Agrees in writing to: standpoint of the insured.This (i)Cooperate with us in the exclusion does not apply to "bodily investigation,settlement or injury"or "property damage"resulting defense of the "suit";from the use of reasonable force to (ii)Immediately send us copies of protect persons or property; or any demands,notices, (2)"Personal and advertising injury"arisingsummonsesorlegalpapers out of an offense committed by,at thereceivedinconnectionwith direction of or with the consent orthe "suit";acquiescence of the insured with the (iii)Notify any other insurer whose expectation of inflicting "personal and coverage is available to the advertising injury". indemnitee; and b.Contractual Liability (iv)Cooperate with us with (1)"Bodily injury"or "property damage";orrespecttocoordinatingother (2)"Personal and advertising injury"applicable insurance available to the indemnitee; and for which the insured is obligated to pay damages by reason of the assumption of(b)Provides us with written liability in a contract or agreement.authorization to: This exclusion does not apply to liability (i)Obtain records and other for damages because of:information related to the "suit"; and (a)"Bodily injury","property damage"or "personal and advertising injury"that(ii)Conduct and control the the insured would have in thedefenseoftheindemniteein absence of the contract orsuch"suit". agreement;or Form SS 00 08 04 05 Page 3 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 397 of 731 BUSINESS LIABILITY COVERAGE FORM (b)(b)"Bodily injury"or "property damage"Performing duties related to the assumed in a contract or agreement conduct of the insured’s business,or that is an "insured contract",(2)The spouse,child,parent,brother or provided the "bodily injury"or sister of that "employee"as a "property damage"occurs (1)consequence of above. subsequent to the execution of the This exclusion applies:contract or agreement.Solely for (1)Whether the insured may be liable as the purpose of liability assumed in an employer or in any other capacity; an "insured contract",reasonable andattorneys'fees and necessary litigation expenses incurred by or for (2)To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury"or "property damage"This exclusion does not apply to liability provided:assumed by the insured under an "insured (i)Liability to such party for,or for contract". the cost of,that party’s defense f.Pollution has also been assumed in the (1)"Bodily injury","property damage"or same "insured contract",and "personal and advertising injury" (ii)Such attorneys'fees and arising out of the actual,alleged or litigation expenses are for threatened discharge,dispersal, defense of that party against a seepage,migration,release or escape civil or alternative dispute of "pollutants": resolution proceeding in which (a)At or from any premises,site or damages to which this location which is or was at anyinsurance applies are alleged. time owned or occupied by,or c.Liquor Liability rented or loaned to any insured. "Bodily injury"or "property damage"for However,this subparagraph does which any insured may be held liable by not apply to: reason of:(i)"Bodily injury"if sustained within (1)Causing or contributing to the a building and caused by intoxication of any person;smoke,fumes,vapor or soot produced by or originating from(2)The furnishing of alcoholic beverages to equipment that is used to heat,a person under the legal drinking age or cool or dehumidify the building,under the influence of alcohol;or or equipment that is used to(3)Any statute,ordinance or regulation heat water for personal use,byrelatingtothesale,gift,distribution or the building's occupants or theiruseofalcoholicbeverages.guests; This exclusion applies only if you are in the (ii)"Bodily injury"or "propertybusinessofmanufacturing,distributing,damage"for which you may beselling,serving or furnishing alcoholic held liable,if you are abeverages.contractor and the owner or d.Workers'Compensation And Similar lessee of such premises,site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers'compensation,disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law.additional insured at that premises,site or location ande.Employer’s Liability such premises,site or location"Bodily injury" to: is not and never was owned or(1)An "employee"of the insured arising occupied by,or rented orout of and in the course of:loaned to,any insured,other (a)Employment by the insured;or than that additional insured;or Page 4 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 398 of 731 BUSINESS LIABILITY COVERAGE FORM (iii)"Bodily injury"or "property released as part of the damage"arising out of heat, operations being performed smoke or fumes from a by such insured,contractor or "hostile fire";subcontractor; (b)(ii)At or from any premises,site or "Bodily injury"or "property location which is or was at any damage"sustained within a time used by or for any insured or building and caused by the others for the handling,storage, release of gases,fumes or disposal,processing or treatment vapors from materials brought of waste;into that building in connection with operations being performed(c)Which are or were at any time by you or on your behalf by atransported,handled,stored, contractor or subcontractor;ortreated,disposed of,or processed (iii)as waste by or for:"Bodily injury"or "property damage"arising out of heat, (i)Any insured; or smoke or fumes from a (ii)Any person or organization for "hostile fire"; orwhomyoumaybelegally (e)At or from any premises,site orresponsible; location on which any insured or any(d)At or from any premises,site or contractors or subcontractorslocationonwhichanyinsuredor working directly or indirectly on anyanycontractorsorsubcontractors insured’s behalf are performingworkingdirectlyorindirectlyon operations if the operations are toanyinsured's behalf are test for,monitor,clean up,remove,performing operations if the contain,treat,detoxify or neutralize,"pollutants"are brought on or to or in any way respond to,or assessthepremises,site or location in the effects of,"pollutants".connection with such operations (2)Any loss,cost or expense arising out by such insured,contractor or of any:subcontractor.However,this (a)subparagraph does not apply to:Request, demand, order or statutory or regulatory requirement that any(i)"Bodily injury"or "property insured or others test for,monitor,damage"arising out of the clean up,remove,contain,treat,escape of fuels,lubricants or detoxify or neutralize,or in any wayother operating fluids which are respond to,or assess the effects of,needed to perform the normal "pollutants";orelectrical,hydraulic or (b)mechanical functions Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts,damages because of testing for, if such fuels, lubricants or other monitoring,cleaning up, removing, operating fluids escape from a containing,treating,detoxifying or vehicle part designed to hold,neutralizing,or in any way store or receive them.This responding to,or assessing the exception does not apply if the effects of,"pollutants". "bodily injury"or "property However,this paragraph does not damage"arises out of the apply to liability for damages because intentional discharge,dispersal of "property damage"that the insured or release of the fuels,would have in the absence of such lubricants or other operating request,demand,order or statutory or fluids,or if such fuels,regulatory requirement,or such claim lubricants or other operating or "suit"by or on behalf of a fluids are brought on or to the governmental authority. premises,site or location with the intent that they be discharged,dispersed or Form SS 00 08 04 05 Page 5 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 399 of 731 BUSINESS LIABILITY COVERAGE FORM g.Aircraft,Auto Or Watercraft (2)The use of "mobile equipment"in,or while in practice or preparation for,a"Bodily injury"or "property damage"arising prearranged racing,speed or out of the ownership,maintenance,use or demolition contest or in any stunting entrustment to others of any aircraft,"auto" activity.or watercraft owned or operated by or rented i.Warorloanedtoanyinsured.Use includes operation and "loading or unloading"."Bodily injury","property damage"or This exclusion applies even if the claims "personal and advertising injury",however against any insured allege negligence or caused,arising,directly or indirectly,out of: other wrongdoing in the supervision,hiring,(1)War,including undeclared or civil war; employment,training or monitoring of others (2)Warlike action by a military force, by that insured,if the "occurrence"which including action in hindering or caused the "bodily injury"or "property defending against an actual ordamage"involved the ownership, expected attack,by any government, maintenance,use or entrustment to others of sovereign or other authority usinganyaircraft,"auto"or watercraft that is military personnel or other agents; orownedoroperatedbyorrentedorloanedto (3)Insurrection,rebellion,revolution, any insured. usurped power,or action taken by This exclusion does not apply to: governmental authority in hindering or (1)A watercraft while ashore on premises defending against any of these. you own or rent;j.Professional Services (2)A watercraft you do not own that is:"Bodily injury","property damage"or (a)Less than 51 feet long; and "personal and advertising injury"arising out of the rendering of or failure to render (b)Not being used to carry persons any professional service.This includes for a charge; but is not limited to:(3)Parking an "auto"on,or on the ways (1)Legal,accounting or advertisingnextto,premises you own or rent, services;provided the "auto"is not owned by or rented or loaned to you or the insured;(2)Preparing,approving,or failing to prepare or approve maps,shop(4)Liability assumed under any "insured drawings,opinions,reports,surveys,contract"for the ownership, field orders,change orders,designs ormaintenanceoruseofaircraftor drawings and specifications;watercraft; (3)Supervisory,inspection,architectural (5)"Bodily injury"or "property damage" or engineering activities;arising out of the operation of any of f.(2)the equipment listed in Paragraph (4)Medical,surgical,dental,x-ray or f.(3)or of the definition of "mobile nursing services treatment,advice or equipment";or instruction; (6)An aircraft that is not owned by any (5)Any health or therapeutic service insured and is hired,chartered or loaned treatment, advice or instruction; with a paid crew.However,this (6)Any service,treatment,advice or exception does not apply if the insured instruction for the purpose of has any other insurance for such "bodily appearance or skin enhancement,hair injury"or "property damage",whether removal or replacement or personal the other insurance is primary,excess,grooming;contingent or on any other basis. (7)Optical or hearing aid services h.Mobile Equipment including the prescribing,preparation, "Bodily injury"or "property damage" fitting,demonstration or distribution of arising out of:ophthalmic lenses and similar products or hearing aid devices;(1)The transportation of "mobile equipment" by an "auto"owned or operated by or rented or loaned to any insured;or Page 6 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 400 of 731 BUSINESS LIABILITY COVERAGE FORM (8)(1)(3)(4)Optometry or optometric services Paragraphs ,and of this including but not limited to examination exclusion do not apply to "property of the eyes and the prescribing,damage"(other than damage by fire)to preparation,fitting,demonstration or premises,including the contents of such distribution of ophthalmic lenses and premises, rented to you for a period of 7 or similar products;fewer consecutive days.A separate Limit of Insurance applies to Damage To (9)Any: Premises Rented To You as described in (a)Body piercing (not including ear D.Section -Limits Of Insurance.piercing); (2)Paragraph of this exclusion does not(b)Tattooing,including but not limited apply if the premises are "your work"and to the insertion of pigments into or were never occupied,rented or held for under the skin; and rental by you. (c)Similar services;(3) (4)Paragraphs and of this exclusion do (10)Services in the practice of pharmacy; not apply to the use of elevators. and (3)(4)(5)(6)Paragraphs ,,and of this (11)Computer consulting,design or exclusion do not apply to liability assumed programming services,including web under a sidetrack agreement. site design.(3)(4)Paragraphs and of this exclusion do (4)(5)Paragraphs and of this exclusion do not apply to "property damage"to not apply to the Incidental Medical borrowed equipment while not being used Malpractice coverage afforded under to perform operations at a job site. 1.e.A.Paragraph in Section -Coverages.(6)Paragraph of this exclusion does not k.Damage To Property apply to "property damage" included in the "products-completed operations hazard"."Property damage" to: l.Damage To Your Product(1)Property you own,rent or occupy, including any costs or expenses "Property damage"to "your product" incurred by you,or any other person, arising out of it or any part of it. organization or entity,for repair, m.Damage To Your Workreplacement,enhancement, "Property damage"to "your work"arising restoration or maintenance of such out of it or any part of it and included in the property for any reason,including "products-completed operations hazard".prevention of injury to a person or damage to another's property;This exclusion does not apply if the damaged work or the work out of which (2)Premises you sell,give away or the damage arises was performed on your abandon,if the "property damage"arises behalf by a subcontractor.out of any part of those premises; n.Damage To Impaired Property Or (3)Property loaned to you; Property Not Physically Injured(4)Personal property in the care,custody "Property damage"to "impaired property" or control of the insured; or property that has not been physically (5)That particular part of real property on injured, arising out of:which you or any contractors or (1)A defect,deficiency,inadequacy or subcontractors working directly or dangerous condition in "your product" indirectly on your behalf are performing or "your work"; oroperations,if the "property damage" (2)arises out of those operations;or A delay or failure by you or anyone acting on your behalf to perform a (6)That particular part of any property contract or agreement in accordance that must be restored,repaired or with its terms.replaced because "your work"was incorrectly performed on it.This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or "your work"after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 401 of 731 BUSINESS LIABILITY COVERAGE FORM o.Recall Of Products,Work Or Impaired (c)Title of any literary or artistic work; Property (8)Arising out of an offense committed by Damages claimed for any loss,cost or an insured whose business is: (a)expense incurred by you or others for the Advertising,broadcasting, loss of use,withdrawal,recall,inspection, publishing or telecasting; repair,replacement,adjustment,removal (b)Designing or determining content or disposal of:of web sites for others;or (1)"Your product";(c)An Internet search,access, (2)"Your work";or content or service provider. (3)"Impaired property";However,this exclusion does not if such product,work or property is a.b.c.apply to Paragraphs ,and withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization G.advertising injury"in Section – because of a known or suspected defect, Liability And Medical Expenses deficiency,inadequacy or dangerous Definitions. condition in it.For the purposes of this exclusion, p.Personal And Advertising Injury placing an "advertisement"for or linking to others on your web site,by "Personal and advertising injury": itself,is not considered the business(1)Arising out of oral, written or electronic of advertising,broadcasting, publication of material,if done by or at publishing or telecasting;the direction of the insured with (9)Arising out of an electronic chat room knowledge of its falsity; or bulletin board the insured hosts, (2)Arising out of oral, written or electronic owns,or over which the insured publication of material whose first exercises control;publication took place before the (10)Arising out of the unauthorized use ofbeginningofthepolicy period; another's name or product in your e-mail(3)Arising out of a criminal act committed address,domain name or metatags,orbyor at the direction of the insured;any other similar tactics to mislead (4)Arising out of any breach of contract, another's potential customers; except an implied contract to use (11)Arising out of the violation of a another’s "advertising idea"in your person's right of privacy created by "advertisement";any state or federal act. (5)Arising out of the failure of goods, However,this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act;"advertisement"; (12)Arising out of:(6)Arising out of the wrong description of (a)An "advertisement"for others on the price of goods,products or services; your web site;(7)Arising out of any violation of any (b)Placing a link to a web site of intellectual property rights such as others on your web site;copyright,patent,trademark,trade name,trade secret,service mark or (c)Content from a web site of others other designation of origin or displayed within a frame or border authenticity.on your web site.Content includes information,code,sounds,text,However,this exclusion does not graphics or images;orapplytoinfringement,in your "advertisement",of (d)Computer code,software or programming used to enable:(a)Copyright; (i)Your web site; or(b)Slogan,unless the slogan is also a trademark,trade name,service (ii)The presentation or functionality mark or other designation of origin of an "advertisement"or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 402 of 731 BUSINESS LIABILITY COVERAGE FORM (13)(a)Arising out of a violation of any anti-May be awarded or incurred by trust law;reason of any claim or suit alleging actual or threatened injury (14)Arising out of the fluctuation in price or or damage of any nature or kind to value of any stocks,bonds or other persons or property which would securities; or not have occurred in whole or in (15)Arising out of discrimination or part but for the "asbestos hazard";humiliation committed by or at the (b)Arise out of any request,demand, direction of any "executive officer", order or statutory or regulatory director,stockholder,partner or requirement that any insured or member of the insured. others test for,monitor,clean up, q.Electronic Data remove,encapsulate,contain, Damages arising out of the loss of,loss of treat,detoxify or neutralize or in use of,damage to,corruption of,inability any way respond to or assess the to access,or inability to manipulate effects of an "asbestos hazard"; or "electronic data".(c)Arise out of any claim or suit for r.Employment-Related Practices damages because of testing for, monitoring,cleaning up,removing,"Bodily injury"or "personal and advertising encapsulating,containing,treating,injury"to: detoxifying or neutralizing or in any(1)A person arising out of any:way responding to or assessing the (a)Refusal to employ that person;effects of an "asbestos hazard". (b)Termination of that person's t.Violation Of Statutes That Govern E- employment; or Mails,Fax,Phone Calls Or Other Methods Of Sending Material Or (c)Employment-related practices, Informationpolicies,acts or omissions,such as coercion,demotion,evaluation,"Bodily injury","property damage",or reassignment,discipline,"personal and advertising injury"arising defamation,harassment,humiliation directly or indirectly out of any action or or discrimination directed at that omission that violates or is alleged to person;or violate: (2)The spouse,child,parent,brother or (1)The Telephone Consumer Protection sister of that person as a Act (TCPA),including any amendment consequence of "bodily injury"or of or addition to such law; "personal and advertising injury" to the (2)The CAN-SPAM Act of 2003, including person at whom any of the any amendment of or addition to such employment-related practices law;or(a)(b)(c)described in Paragraphs ,,or (3)Any statute,ordinance or regulation,above is directed. other than the TCPA or CAN-SPAM ActThisexclusion applies:of 2003,that prohibits or limits the (1)Whether the insured may be liable as sending,transmitting,communicating or an employer or in any other capacity;distribution of material or information. and Damage To Premises Rented To You – (2)To any obligation to share damages Exception For Damage By Fire,Lightning with or repay someone else who must or Explosion pay damages because of the injury.c.h.k.o.Exclusions through and through do s.Asbestos not apply to damage by fire,lightning or explosion to premises rented to you or (1)"Bodily injury","property damage"or temporarily occupied by you with permission of "personal and advertising injury" the owner.A separate Limit of Insurance arising out of the "asbestos hazard". applies to this coverage as described in (2)Any damages,judgments,settlements,D.Section -Liability And Medical Expensesloss,costs or expenses that:Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 403 of 731 BUSINESS LIABILITY COVERAGE FORM 2.Applicable To Medical Expenses Coverage e.A trust,you are an insured.Your trustees are also insureds,but only with respect to We will not pay expenses for "bodily injury": their duties as trustees.a.Any Insured 2.Each of the following is also an insured:To any insured,except "volunteer workers". a.Employees And Volunteer Workersb.Hired Person Your "volunteer workers"only whileTo a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured. your business,or your "employees",other c.Injury On Normally Occupied Premises than either your "executive officers"(if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership,joint venture or limited liability normally occupies.company)or your managers (if you are a limited liability company),but only for acts d.Workers'Compensation And Similar within the scope of their employment by Laws you or while performing duties related to To a person,whether or not an the conduct of your business."employee"of any insured,if benefits for However,none of these "employees"or the "bodily injury"are payable or must be "volunteer workers" are insureds for:provided under a workers'compensation or disability benefits law or a similar law.(1)"Bodily injury"or "personal and advertising injury":e.Athletics Activities (a)To you,to your partners or To a person injured while practicing, members (if you are a partnership instructing or participating in any physical or joint venture),to your members exercises or games,sports or athletic (if you are a limited liability contests. company),or to a co-"employee"f.Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard".related to the conduct of your business,or to your other g.Business Liability Exclusions "volunteer workers"while Excluded under Business Liability Coverage.performing duties related to the C.WHO IS AN INSURED conduct of your business; 1.If you are designated in the Declarations as:(b)To the spouse,child,parent, brother or sister of that co-a.An individual,you and your spouse are "employee"or that "volunteer insureds,but only with respect to the worker"as a consequence of conduct of a business of which you are the (1)(a)Paragraph above;sole owner. (c)For which there is any obligation b.A partnership or joint venture,you are an to share damages with or repay insured.Your members,your partners,and someone else who must pay their spouses are also insureds,but only with damages because of the injury respect to the conduct of your business. (1)(a)described in Paragraphs orc.A limited liability company,you are an (b) above; orinsured.Your members are also insureds, (d)Arising out of his or her providing but only with respect to the conduct of your or failing to provide professional business.Your managers are insureds,but health care services.only with respect to their duties as your managers.If you are not in the business of providing professional health cared.An organization other than a partnership, (d)services,Paragraph does not applyjointventureorlimitedliabilitycompany,you to any nurse,emergency medicalareaninsured.Your "executive officers"and technician or paramedic employed bydirectorsareinsureds,but only with respect you to provide such services.to their duties as your officers or directors. Your stockholders are also insureds,but only (2)"Property damage" to property: with respect to their liability as stockholders.(a)Owned,occupied or used by, Page 10 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 404 of 731 BUSINESS LIABILITY COVERAGE FORM (b)b.Rented to,in the care,custody or Coverage under this provision does not control of,or over which physical apply to: control is being exercised for any (1)"Bodily injury"or "property damage" purpose by you,any of your that occurred;or "employees","volunteer workers", (2)"Personal and advertising injury" any partner or member (if you are arising out of an offense committedapartnershiporjointventure),or before you acquired or formed the any member (if you are a limited organization.liability company). 4.Operator Of Mobile Equipmentb.Real Estate Manager With respect to "mobile equipment"registered inAny person (other than your "employee"or your name under any motor vehicle registration"volunteer worker"),or any organization law,any person is an insured while driving suchwhileacting as your real estate manager. equipment along a public highway with yourc.Temporary Custodians Of Your permission.Any other person or organizationProperty responsible for the conduct of such person is Any person or organization having proper also an insured,but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die,but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury"to a co-"employee"of the person driving the equipment;ord.Legal Representative If You Die b."Property damage"to property owned by, Your legal representative if you die,but rented to,in the charge of or occupied byonlywithrespecttodutiesassuch.That you or the employer of any person who is representative will have all your rights and an insured under this provision.duties under this insurance. 5.Operator of Nonowned Watercrafte.Unnamed Subsidiary With respect to watercraft you do not own that Any subsidiary and subsidiary thereof,of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of insured while operating such watercraft with more than 50%of the voting stock on the your permission.Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured,but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft,and only if no otherinjuryordamagewithrespecttowhichan insurance of any kind is available to that insured under this insurance is also an person or organization for this liability.insured under another policy or would be However,no person or organization is an an insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury"to a co-"employee"of the person operating the watercraft;or3.Newly Acquired Or Formed Organization b."Property damage"to property owned by,Any organization you newly acquire or form, rented to,in the charge of or occupied by other than a partnership,joint venture or you or the employer of any person who is limited liability company,and over which you an insured under this provision.maintain financial interest of more than 50%of the voting stock,will qualify as a Named 6.Additional Insureds When Required By Insured if there is no other similar insurance Written Contract,Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s)or organization(s)identified in only until the 180th day after you acquire a.f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed,in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 405 of 731 BUSINESS LIABILITY COVERAGE FORM (e)contract,written agreement or because of a Any failure to make such permit issued by a state or political inspections,adjustments,tests or subdivision,that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy,provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business,in connection agreement, or the issuance of the permit.with the distribution or sale of the products;A person or organization is an additional (f)Demonstration,installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However,no such person or organization is an connection with the sale of the additional insured under this provision if such product;person or organization is included as an (g)Products which,after distribution additional insured by an endorsement issued or sale by you,have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container,part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; orF.–Optional Additional Insured Coverages. (h)"Bodily injury"or "property a.Vendors damage"arising out of the sole Any person(s)or organization(s)(referred to negligence of the vendor for its below as vendor),but only with respect to own acts or omissions or those of"bodily injury"or "property damage"arising its employees or anyone else out of "your products"which are distributed acting on its behalf. However, thisorsoldintheregularcourseofthevendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained in provides coverage for "bodily injury"or (d)(f)Subparagraphs or ;or"property damage"included within the (ii)"products-completed operations hazard".Such inspections,adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyissubjecttothefollowingadditional undertakes to make in the usualexclusions: course of business,inThisinsurancedoes not apply to:connection with the distribution (a)"Bodily injury"or "property or sale of the products. damage"for which the vendor is (2)This insurance does not apply to anyobligatedtopaydamagesby insured person or organization fromreasonoftheassumptionof whom you have acquired such products,liability in a contract or agreement. or any ingredient,part or container,This exclusion does not apply to entering into,accompanying orliabilityfordamagesthatthe containing such products.vendor would have in the absence b.Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from (b)Any express warranty whom you lease equipment;but only unauthorized by you; with respect to their liability for "bodily (c)Any physical or chemical change injury","property damage"orintheproductmadeintentionally "personal and advertising injury"by the vendor;caused,in whole or in part,by your (d)Repackaging,except when maintenance,operation or use of unpacked solely for the purpose of equipment leased to you by such inspection,demonstration,testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 406 of 731 BUSINESS LIABILITY COVERAGE FORM (2)e.Permits Issued By State Or Political With respect to the insurance afforded Subdivisionstotheseadditionalinsureds,this insurance does not apply to any (1)Any state or political subdivision,but "occurrence"which takes place after only with respect to operations you cease to lease that equipment.performed by you or on your behalf for c.Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1)Any person or organization from (2)whom you lease land or premises,but With respect to the insurance afforded only with respect to liability arising out to these additional insureds,this of the ownership,maintenance or use insurance does not apply to: of that part of the land or premises (a)"Bodily injury","property damage" leased to you.or "personal and advertising (2)With respect to the insurance afforded injury"arising out of operations to these additional insureds,this performed for the state or insurance does not apply to:municipality; or (a)(b)Any "occurrence"which takes "Bodily injury"or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f.Any Other Party (b)Structural alterations,new (1)Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough.above,but only with behalf of such person or respect to liability for "bodily injury", organization."property damage"or "personal and d.Architects, Engineers Or Surveyors advertising injury"caused,in whole or in part,by your acts or omissions or(1)Any architect,engineer,or surveyor,but the acts or omissions of those acting only with respect to liability for "bodily on your behalf:injury","property damage"or "personal (a)and advertising injury"caused,in whole In the performance of your or in part,by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b)In connection with your premises your behalf:owned by or rented to you;or (a)In connection with your premises; (c)In connection with "your work" and or included within the "products- (b)In the performance of your completed operations hazard",but ongoing operations performed by only if you or on your behalf.(i)The written contract or written (2)With respect to the insurance afforded agreement requires you to to these additional insureds,the provide such coverage to following additional exclusion applies:such additional insured;and (ii)This insurance does not apply to This Coverage Part provides "bodily injury","property damage"or coverage for "bodily injury"or "personal and advertising injury" "property damage"included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including:(2)With respect to the insurance afforded (a)The preparing,approving,or to these additional insureds,this failure to prepare or approve, insurance does not apply to: maps,shop drawings,opinions, "Bodily injury","property damage"or reports,surveys,field orders, "personal and advertising injury" change orders,designs or arising out of the rendering of,or the drawings and specifications; or failure to render,any professional (b)Supervisory,inspection, architectural,engineering or surveying architectural or engineering services,including: activities. Form SS 00 08 04 05 Page 13 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 407 of 731 BUSINESS LIABILITY COVERAGE FORM (a)The preparing,approving,or This General Aggregate limit does not failure to prepare or approve, apply to "property damage"to premises maps,shop drawings,opinions, while rented to you or temporarily reports,surveys,field orders, occupied by you with permission of the change orders,designs or owner,arising out of fire,lightning or drawings and specifications; or explosion. (b)3.Each Occurrence LimitSupervisory,inspection, architectural or engineering 2.a.2.bSubjecttoor above,whichever activities.applies,the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section –Limits "property damage"and medical expenses Of Insurance.arising out of any one "occurrence"is the Liability and Medical Expenses Limit shown in How this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury"sustained by any General Conditions.one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with 4.Personal And Advertising Injury Limitrespecttotheconductofanycurrentorpast partnership,joint venture or limited liability 2.b.Subject to above,the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations."personal and advertising injury"sustained by any one person or organization is the Personal D.LIABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations. 1.The Most We Will Pay 5.Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of:Liability Coverage for damages because of a.Insureds;"property damage"to any one premises,while b.Claims made or "suits" brought;or rented to you, or in the case of damage by fire, lightning or explosion,while rented to you or c.Persons or organizations making claims or temporarily occupied by you with permission of bringing "suits". the owner. 2.Aggregate Limits In the case of damage by fire,lightning or The most we will pay for:explosion, the Damage to Premises Rented To a.Damages because of "bodily injury"and You Limit applies to all damage proximately "property damage"included in the caused by the same event,whether such "products-completed operations hazard"is damage results from fire,lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the 6.How Limits Apply To Additional InsuredsDeclarations. The most we will pay on behalf of a person or b.Damages because of all other "bodily organization who is an additional insured injury","property damage"or "personal under this Coverage Part is the lesser of:and advertising injury",including medical a.The limits of insurance specified in a expenses,is the General Aggregate Limit written contract,written agreement or shown in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision;orseparatelytoeachofyour"locations" b.The Limits of Insurance shown in the owned by or rented to you. Declarations."Location"means premises involving the Such amount shall be a part of and not in same or connecting lots,or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street,roadway or right-of-way of a railroad. Page 14 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 408 of 731 BUSINESS LIABILITY COVERAGE FORM (1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands,notices,summonses or applies to any claim or "suit",the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2)Authorize us to obtain records and applicable to such claim or "suit".However,this other information; paragraph does not apply to the Medical Expenses (3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit";and separately to each consecutive annual period and to (4)Assist us,upon our request,in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations,unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months.In that case,the additional period will be may also apply.deemed part of the last preceding period for purposes d.Obligations At The Insured's Own CostofdeterminingtheLimitsofInsurance. No insured will,except at that insured's ownE.LIABILITY AND MEDICAL EXPENSES cost,voluntarily make a payment,assume GENERAL CONDITIONS any obligation,or incur any expense,other than for first aid,without our consent.1.Bankruptcy e.Additional Insured's Other InsuranceBankruptcyorinsolvencyoftheinsuredorof the insured's estate will not relieve us of our If we cover a claim or "suit"under this obligations under this Coverage Part.Coverage Part that may also be covered by other insurance available to an 2.Duties In The Event Of Occurrence, additional insured,such additional insured Offense, Claim Or Suit must submit such claim or "suit"to the a.Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However,this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence"or an written contract,written agreement or offense which may result in a claim.To permit that this insurance is primary and the extent possible,notice should include:non-contributory with the additional (1)How,when and where the "occurrence"insured's own insurance. or offense took place;f.Knowledge Of An Occurrence,Offense, (2)The names and addresses of any Claim Or Suit injured persons and witnesses;and a.b.Paragraphs and apply to you or to (3)The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence",offense,claim or "suit"is "occurrence"or offense.known to: b.Notice Of Claim (1)You or any additional insured that is an individual;If a claim is made or "suit"is brought against any insured,you or any additional (2)Any partner,if you or an additional insured must:insured is a partnership; (1)Immediately record the s pecifics of the (3)Any manager,if you or an additional claim or "suit"and the date received; insured is a limited liability company; and (4)Any "executive officer"or insurance (2)Notify us as soon as practicable.manager,if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5)Any trustee,if you or an additional claim or "suit" as soon as practicable.insured is a trust;or c.Assistance And Cooperation Of The (6)Any elected or appointed official, if you Insured or an additional insured is a political subdivision or public entity.You and any other involved insured must: Form SS 00 08 04 05 Page 15 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 409 of 731 BUSINESS LIABILITY COVERAGE FORM f.(3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured.upon your representations. 3.Financial Responsibility Laws b.Unintentional Failure To Disclose Hazardsa.When this policy is certified as proof of financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law,the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part,we shall not deny any liability and "property damage"liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7.Other Insurance insurance required by that law. If other valid and collectible insurance is b.With respect to "mobile equipment"to available for a loss we cover under this which this insurance applies,we will Coverage Part,our obligations are limited as provide any liability,uninsured motorists, follows:underinsured motorists,no-fault or other a.Primary Insurancecoveragerequiredbyanymotorvehicle b.law.We will provide the required limits for This insurance is primary except when those coverages.below applies.If other insurance is also primary,we will share with all that other 4.Legal Action Against Us c.insurance by the method described inNopersonororganizationhasarightunder below.this Coverage Form: b.Excess Insurancea.To join us as a party or otherwise bring us This insurance is excess over any of the into a "suit"asking for damages from an other insurance,whether primary,excess, insured;or contingent or on any other basis:b.To sue us on this Coverage Form unless (1)Your Workallofitstermshavebeenfullycomplied with.That is Fire,Extended Coverage, Builder's Risk,Installation Risk or A person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured;but we will not be liable for (2)Premises Rented To You damages that are not payable under the terms of That is fire,lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance.An agreed or temporarily occupied by you with settlement means a settlement and release of permission of the owner;liability signed by us,the insured and the (3)Tenant Liabilityclaimantortheclaimant's legal representative. That is insurance purchased by you to 5.Separation Of Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage"to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured,this with permission of the owner;insurance applies: (4)Aircraft,Auto Or Watercrafta.As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured;and or use of aircraft, "autos" or watercraft tob.Separately to each insured against whom g.the extent not subject to Exclusion ofaclaimismadeor "suit"is brought.A.Section –Coverages. 6.Representations (5)Property Damage To Borrowed a.When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy,you agree:If the loss arises out of "property damage"to borrowed equipment or (1)The statements in the Declarations the use of elevators to the extent not are accurate and complete; k.A.subject to Exclusion of Section –(2)Those statements are based upon Coverages.representations you made to us; and Page 16 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 410 of 731 BUSINESS LIABILITY COVERAGE FORM (6)When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance,we will pay only our share of Insurance the amount of the loss,if any,that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations,or products and completed absence of this insurance;and operations,for which you have been (2)The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance;or insurance. (7)When You Add Others As An We will share the remaining loss,if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured.Limits of Insurance shown in the Declarations of this Coverage Part.However,the following provisions c.Method Of Sharingapplytootherinsuranceavailableto any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:this method also.Under this approach, (a)Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary.If other contribution by equal shares,we will insurance is also primary,we will contribute by limits.Under this method,each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below.applicable limits of insurance of all insurers. (b)Primary And Non-Contributory 8.Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a.Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract,written agreement or part of any payment,including permit that this insurance is Supplementary Payments,we have made primary and non-contributory with under this Coverage Part,those rights are the additional insured's own transferred to us.The insured must do insurance,this insurance is nothing after loss to impair them.At our primary and we will not seek request,the insured will bring "suit"or contribution from that other transfer those rights to us and help us insurance.enforce them.This condition does not (a)(b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b.Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured.If the insured has waived any rights of When this insurance is excess,we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments,we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit".If no other also waive that right,provided the insured insurer defends,we will undertake to do waived their rights of recovery against so,but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 411 of 731 BUSINESS LIABILITY COVERAGE FORM 3.Additional Insured -Grantor Of FranchiseF.OPTIONAL ADDITIONAL INSURED C.WHO IS AN INSURED under Section isCOVERAGES amended to include as an additional insured If listed or shown as applicable in the Declarations,the person(s)or organization(s)shown in the one or more of the following Optional Additional Declarations as an Additional Insured -Insured Coverages also apply. When any of these Grantor Of Franchise,but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you.6.Paragraph (Additional Insureds When Required 4.Additional Insured -Lessor Of LeasedbyWrittenContract,Written Agreement or Permit) EquipmentC.of Section ,Who Is An Insured,does not apply to the person or organization shown in the a.C.WHO IS AN INSURED under Section is Declarations.These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s)or organization(s) Liability Coverage in this policy,except as shown in the Declarations as an Additional provided below:Insured –Lessor of Leased Equipment, but only with respect to liability for "bodily 1.Additional Insured -Designated Person Or injury","property damage"or "personal Organization and advertising injury"caused,in whole or C.WHO IS AN INSURED under Section is in part,by your maintenance,operation oramendedtoincludeasanadditionalinsured use of equipment leased to you by such the person(s)or organization(s)shown in the person(s)or organization(s).Declarations,but only with respect to liability b.With respect to the insurance afforded to for "bodily injury","property damage"or these additional insureds,this insurance "personal and advertising injury"caused,in does not apply to any "occurrence"which whole or in part,by your acts or omissions or takes place after you cease to lease that the acts or omissions of those acting on your equipment.behalf: 5.Additional Insured -Owners Or Other a.In the performance of your ongoing Interests From Whom Land Has Been operations; or Leasedb.In connection with your premises owned a.C. WHO IS AN INSURED under Section is by or rented to you. amended to include as an additional 2.Additional Insured -Managers Or Lessors insured the person(s)or organization(s) Of Premises shown in the Declarations as an Additional a.C.WHO IS AN INSURED under Section is Insured – Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased,but only the person(s) or organization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured -ownership, maintenance or use of that part Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership,maintenance or use of that part of b.With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds,the following Declarations.additional exclusions apply: b.With respect to the insurance afforded to This insurance does not apply to:these additional insureds,the following (1)Any "occurrence"that takes place additional exclusions apply: after you cease to lease that land;orThisinsurancedoes not apply to: (2)Structural alterations,new (1)Any "occurrence"which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2)Structural alterations,new 6.Additional Insured -State Or Politicalconstructionordemolitionoperations Subdivision –Permitsperformedbyoronbehalfofsuch a.C.WHO IS AN INSURED under Section ispersonor organization. amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 412 of 731 BUSINESS LIABILITY COVERAGE FORM (e)Insured –State Or Political Subdivision -Any failure to make such Permits,but only with respect to inspections,adjustments,tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit.make in the usual course of business,in connection with theb.With respect to the insurance afforded to distribution or sale of the products;these additional insureds,the following (f)Demonstration,installation, additional exclusions apply: servicing or repair operations, This insurance does not apply to: except such operations performed (1)"Bodily injury","property damage"or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality;or (g)Products which,after distribution (2)"Bodily injury"or "property damage" or sale by you,have been labeled included in the "product-completed or relabeled or used as a operations"hazard.container,part or ingredient of any 7.Additional Insured –Vendors other thing or substance by or for the vendor; ora.C.WHO IS AN INSURED under Section is amended to include as an additional (h)"Bodily injury"or "property insured the person(s)or organization(s) damage"arising out of the sole (referred to below as vendor)shown in the negligence of the vendor for its Declarations as an Additional Insured -own acts or omissions or those of Vendor,but only with respect to "bodily its employees or anyone else injury"or "property damage"arising out of acting on its behalf. However, this "your products"which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i)The exceptions contained in business and only if this Coverage Part (d)(f)Subparagraphs or ;or provides coverage for "bodily injury"or (ii)Such inspections, "property damage"included within the adjustments,tests or servicing "products-completed operations hazard". as the vendor has agreed to b.The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions:to make in the usual course of (1)This insurance does not apply to:business,in connection with the distribution or sale of the (a)"Bodily injury"or "property products.damage"for which the vendor is obligated to pay damages by (2)This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products,or any ingredient,part or liability for damages that the container,entering into, vendor would have in the absence accompanying or containing such of the contract or agreement;products. (b)Any express warranty 8.Additional Insured –Controlling Interest unauthorized by you;C.WHO IS AN INSURED under Section is (c)Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s)or organization(s)shown in the by the vendor;Declarations as an Additional Insured – Controlling Interest,but only with respect to (d)Repackaging,unless unpacked their liability arising out of:solely for the purpose of inspection, demonstration,testing,or the a.Their financial control of you;or substitution of parts under b.Premises they own,maintain or control instructions from the manufacturer,while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 413 of 731 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional D.alterations,new construction and demolition insureds are described in Section –Limits Of operations performed by or for that person or Insurance. organization.How this insurance applies when other insurance 9.Additional Insured –Owners,Lessees Or is available to an additional insured is described in Contractors –Scheduled Person Or E.the Other Insurance Condition in Section – Organization Liability And Medical Expenses General Conditions.a.C. WHO IS AN INSURED under Section is amended to include as an additional G.LIABILITY AND MEDICAL EXPENSES insured the person(s)or organization(s) DEFINITIONSshown in the Declarations as an Additional 1."Advertisement"means the widespread public Insured –Owner,Lessees Or Contractors, dissemination of information or images that but only with respect to liability for "bodily has the purpose of inducing the sale of goods, injury","property damage"or "personal products or services through:and advertising injury"caused,in whole or in part,by your acts or omissions or the a. (1)Radio; acts or omissions of those acting on your (2)Television; behalf:(3)Billboard; (1)In the performance of your ongoing (4)Magazine;operations for the additional (5)Newspaper;insured(s);or b.The Internet,but only that part of a web (2)In connection with "your work" site that is about goods,products or performed for that additional insured services for the purposes of inducing the and included within the "products- sale of goods, products or services; orcompletedoperationshazard",but c.Any other publication that is given only if this Coverage Part provides widespread public distribution.coverage for "bodily injury"or "property damage"included within the However, "advertisement"does not include: "products-completed operations a.The design,printed material,information hazard".or images contained in,on or upon the b.With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds,this insurance products;or does not apply to "bodily injury","property b.An interactive conversation between ordamage"or "personal an advertising among persons through a computer network.injury"arising out of the rendering of,or 2."Advertising idea"means any idea for an the failure to render,any professional "advertisement".architectural,engineering or surveying services,including:3."Asbestos hazard"means an exposure or threat of exposure to the actual or alleged(1)The preparing,approving,or failure to properties of asbestos and includes the mere prepare or approve,maps,shop presence of asbestos in any form.drawings,opinions,reports,surveys, field orders, change orders, designs or 4."Auto"means a land motor vehicle,trailer or drawings and specifications; or semi-trailer designed for travel on public roads,including any attached machinery or (2)Supervisory,inspection,architectural equipment.But "auto"does not include or engineering activities. "mobile equipment".10.Additional Insured –Co-Owner Of Insured 5."Bodily injury" means physical:Premises a.Injury;C.WHO IS AN INSURED under Section is amended to include as an additional insured b.Sickness; or the person(s)or Organization(s)shown in the c.DiseaseDeclarationsasanAdditionalInsured–Co- sustained by a person and,if arising out of the Owner Of Insured Premises,but only with above, mental anguish or death at any time.respect to their liability as co-owner of the premises shown in the Declarations.6."Coverage territory"means: Page 20 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 414 of 731 BUSINESS LIABILITY COVERAGE FORM a.b.The United States of America (including its You have failed to fulfill the terms of a territories and possessions),Puerto Rico contract or agreement; and Canada;if such property can be restored to use by: b.International waters or airspace, but only if a.The repair,replacement,adjustment or the injury or damage occurs in the course removal of "your product"or "your work"; of travel or transportation between any or a.places included in above;b.Your fulfilling the terms of the contract or c.All other parts of the world if the injury or agreement. damage arises out of:12."Insured contract"means: (1)Goods or products made or sold by you a.A contract for a lease of premises. a.in the territory described in above;However,that portion of the contract for a (2)The activities of a person whose home lease of premises that indemnifies any aisintheterritorydescribedin. person or organization for damage by fire, above,but is away for a short time on lightning or explosion to premises while your business; or rented to you or temporarily occupied by (3)"Personal and advertising injury" you with permission of the owner is offenses that take place through the subject to the Damage To Premises Internet or similar electronic means of Rented To You limit described in Section D.communication –Liability and Medical Expenses Limits of Insurance.provided the insured's responsibility to pay b.damages is determined in the United States of A sidetrack agreement; America (including its territories and c.Any easement or license agreement, possessions),Puerto Rico or Canada,in a including an easement or license "suit"on the merits according to the agreement in connection with construction substantive law in such territory,or in a or demolition operations on or within 50 settlement we agree to.feet of a railroad; 7."Electronic data"means information,facts or d.Any obligation,as required by ordinance, programs:to indemnify a municipality,except in a.Stored as or on;connection with work for a municipality; b.Created or used on; or e.An elevator maintenance agreement; or c.Transmitted to or from f.That part of any other contract or agreement pertaining to your business computer software,including systems and (including an indemnification of a applications software,hard or floppy disks, municipality in connection with work CD-ROMS,tapes,drives,cells,data performed for a municipality)under whichprocessingdevicesoranyothermediawhich you assume the tort liability of another are used with electronically controlled party to pay for "bodily injury"or "property equipment. damage"to a third person or organization, 8."Employee"includes a "leased worker". provided the "bodily injury"or "property "Employee"does not include a "temporary damage"is caused,in whole or in part,by worker".you or by those acting on your behalf. 9."Executive officer"means a person holding Tort liability means a liability that would be any of the officer positions created by your imposed by law in the absence of any charter,constitution,by-laws or any other contract or agreement. similar governing document.f.Paragraph includes that part of any 10."Hostile fire"means one which becomes contract or agreement that indemnifies a uncontrollable or breaks out from where it was railroad for "bodily injury"or "property intended to be.damage"arising out of construction or demolition operations within 50 feet of any 11."Impaired property"means tangible property, railroad property and affecting any railroad other than "your product"or "your work",that bridge or trestle,tracks,road-beds,tunnel, cannot be used or is less useful because: underpass or crossing.a.It incorporates "your product"or "your work" f.However,Paragraph does not include that is known or thought to be defective, that part of any contract or agreement:deficient,inadequate or dangerous;or Form SS 00 08 04 05 Page 21 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 415 of 731 BUSINESS LIABILITY COVERAGE FORM (1)(1)That indemnifies an architect, Power cranes,shovels,loaders, engineer or surveyor for injury or diggers or drills; or damage arising out of:(2)Road construction or resurfacing (a)Preparing,approving or failing to equipment such as graders,scrapers prepare or approve maps,shop or rollers; drawings,opinions,reports, e.a.b.c.d.Vehicles not described in ,,,or surveys,field orders,change above that are not self-propelled and are orders,designs or drawings and maintained primarily to provide mobility to specifications;or permanently attached equipment of the (b)Giving directions or instructions, following types: or failing to give them,if that is the (1)Air compressors,pumps and primary cause of the injury or generators,including spraying, damage;or welding,building cleaning, (2)Under which the insured,if an geophysical exploration,lighting and architect,engineer or surveyor, well servicing equipment;or assumes liability for an injury or (2)Cherry pickers and similar devices damage arising out of the insured's used to raise or lower workers; rendering or failure to render f.a.b.c.d.Vehicles not described in ,,,orprofessionalservices,including those above maintained primarily for purposes (1)listed in above and supervisory, other than the transportation of persons orinspection,architectural or cargo.engineering activities. However,self-propelled vehicles with the13."Leased worker"means a person leased to following types of permanently attached you by a labor leasing firm under an equipment are not "mobile equipment"but agreement between you and the labor leasing will be considered "autos":firm, to perform duties related to the conduct of (1)Equipment,of at least 1,000 pounds your business."Leased worker"does not gross vehicle weight,designedincludea "temporary worker". primarily for:14."Loading or unloading"means the handling of (a)Snow removal;property: (b)Road maintenance,but not a.After it is moved from the place where it is construction or resurfacing;oracceptedformovementintoorontoan aircraft,watercraft or "auto";(c)Street cleaning; b.While it is in or on an aircraft, watercraft or (2)Cherry pickers and similar devices "auto";or mounted on automobile or truck chassis and used to raise or lower c.While it is being moved from an aircraft, workers; andwatercraftor"auto"to the place where it is finally delivered;(3)Air compressors,pumps and generators,including spraying, but "loading or unloading"does not include the welding,building cleaning, movement of property by means of a mechanical geophysical exploration,lighting and device,other than a hand truck,that is not well servicing equipment.attached to the aircraft,watercraft or "auto". 16."Occurrence"means an accident,including15."Mobile equipment" means any of the following continuous or repeated exposure to substantiallytypesoflandvehicles,including any attached the same general harmful conditions.machinery or equipment: 17."Personal and advertising injury" means injury, a.Bulldozers,farm machinery,forklifts and including consequential "bodily injury",arising other vehicles designed for use principally out of one or more of the following offenses:off public roads; a.False arrest, detention or imprisonment;b.Vehicles maintained for use solely on or next to premises you own or rent;b.Malicious prosecution; c.Vehicles that travel on crawler treads; d.Vehicles,whether self-propelled or not,on which are permanently mounted: Page 22 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 416 of 731 BUSINESS LIABILITY COVERAGE FORM c.The wrongful eviction from,wrongful entry Work that may need service,maintenance, into,or invasion of the right of private correction,repair or replacement,but occupancy of a room,dwelling or which is otherwise complete,will be premises that the person occupies, treated as completed. committed by or on behalf of its owner, The "bodily injury"or "property damage" landlord or lessor;must occur away from premises you own d.Oral,written or electronic publication of or rent,unless your business includes the material that slanders or libels a person or selling,handling or distribution of "your organization or disparages a person's or product"for consumption on premises you organization's goods, products or services;own or rent. e.b.Oral,written or electronic publication of Does not include "bodily injury"or material that violates a person's right of "property damage" arising out of: privacy;(1)The transportation of property,unless f.Copying,in your "advertisement",a the injury or damage arises out of a person’s or organization’s "advertising condition in or on a vehicle not owned idea" or style of "advertisement";or operated by you,and that condition was created by the "loading org.Infringement of copyright, slogan, or title of unloading"of that vehicle by any any literary or artistic work,in your insured;or"advertisement"; or (2)The existence of tools,uninstalled h.Discrimination or humiliation that results in equipment or abandoned or unusedinjurytothefeelingsorreputationofa materials.natural person. 20."Property damage" means:18."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,a.Physical injury to tangible property, vapor,soot,fumes,acids,alkalis,chemicals and including all resulting loss of use of that waste.Waste includes materials to be recycled,property.All such loss of use shall be reconditioned or reclaimed.deemed to occur at the time of the physical injury that caused it; or19."Products-completed operations hazard"; b.Loss of use of tangible property that is not a.Includes all "bodily injury"and "property physically injured.All such loss of use damage"occurring away from premises shall be deemed to occur at the time of you own or rent and arising out of "your "occurrence"that caused it.product" or "your work"except: As used in this definition,"electronic data"is (1)Products that are still in your physical not tangible property.possession;or 21."Suit"means a civil proceeding in which(2)Work that has not yet been completed damages because of "bodily injury","property or abandoned.However,"your work" damage"or "personal and advertising injury" will be deemed to be completed at the to which this insurance applies are alleged. earliest of the following times: "Suit"includes:(a)When all of the work called for in a.An arbitration proceeding in which such your contract has been completed. damages are claimed and to which the (b)When all of the work to be done at insured must submit or does submit withthejobsitehasbeencompletedif our consent; oryourcontractcallsforworkat b.Any other alternative dispute resolution more than one job site. proceeding in which such damages are (c)When that part of the work done at claimed and to which the insured submits a job site has been put to its with our consent.intended use by any person or 22."Temporary worker"means a person who is organization other than another furnished to you to substitute for a permanentcontractororsubcontractor "employee"on leave or to meet seasonal or working on the same project. short-term workload conditions. 23."Volunteer worker" means a person who: a.Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 417 of 731 BUSINESS LIABILITY COVERAGE FORM b.(2)Donates his or her work;The providing of or failure to provide warnings or instructions.c.Acts at the direction of and within the c.scope of duties determined by you;and Does not include vending machines or d.Is not paid a fee,salary or other other property rented to or located for the compensation by you or anyone else for use of others but not sold. their work performed for you.25."Your work": 24."Your product":a.Means: a.Means:(1)Work or operations performed by you (1)Any goods or products,other than real or on your behalf;and property, manufactured, sold, handled, (2)Materials,parts or equipment distributed or disposed of by:furnished in connection with such work (a)You;or operations. (b)b.Others trading under your name; Includes: or (1)Warranties or representations made at (c)A person or organization whose any time with respect to the fitness, business or assets you have quality,durability,performance or use acquired;and of "your work";and (2)(2)Containers (other than vehicles), The providing of or failure to provide materials,parts or equipment warnings or instructions. furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality,durability,performance or use of "your product"; and Page 24 of 24 Form SS 00 08 04 05 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 418 of 731 Exhibit G G-1 Exhibit G SOURCE CODE ESCROW AGREEMENT THREE-PARTY ESCROW AGREEMENT This Technology Escrow Agreement (“Agreement”) among Escrow Associates, LLC (“Escrow Associates”), City of Renton (“Beneficiary”) and EnerGov Solutions, LLC (“Depositor”) is effective on this _____ day of _________________ (the “Effective Date”). Recitals Whereas, Depositor licenses technology to Beneficiary in the form of software object code (the “Software”) pursuant to a Master Computer Software License Agreement (“License Agreement”). The source code is defined as the Software in source code form, including all relevant documentation and instructions necessary to maintain, duplicate, and compile the source code (the "Source Code"). The Source Code is necessary to maintain and support the Software as defined in the License Agreement. The Source Code and any other components Depositor provides which are related to building and maintaining the Software identified on Attachment B (as the same may be modified herein) are hereafter referred to collectively as the deposit materials (“Deposit Materials”). Whereas, the purpose of this Agreement is to protect Depositor’s ownership and confidentiality of the Deposit Materials and to protect Beneficiary’s legitimate use of the Deposit Materials as defined by the License Agreement. Further, this Agreement is intended to provide for certain circumstances under which Beneficiary shall be entitled to receive the Deposit Materials held in escrow by Escrow Associates to continue its legitimate use and support of the Software. Whereas, Beneficiary and Depositor hereby designate and appoint Escrow Associates as the escrow agent under this Agreement. Escrow Associates hereby accepts such designation and appointment and agrees to carry out the duties of escrow agent pursuant to the terms and provisions of this Agreement. Escrow Associates is not a party to, and is not bound by, any agreement that might be evidenced by, or might arise out of, any prior or contemporaneous dealings between Depositor and Beneficiary other than as expressly set forth herein. NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, covenant and agree as follows: 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 419 of 731 Exhibit G G-2 1. Deposit Materials (a) Initial Deposit - Depositor shall submit the initial Deposit Materials to Escrow Associates within sixty (60) days of the Effective Date or sixty (60) days after development of the Deposit Materials is completed. Depositor shall complete and deliver with all Deposit Materials a form as shown herein as Attachment B, which shall then become part of this Agreement. Escrow Associates shall notify Beneficiary within ten (10) business days of receipt of the initial Deposit Materials. Escrow Associates has no obligation with respect to the initial Deposit Materials for delivery, functionality, completeness, performance or initial quality. (b) Deposit Material Updates - Depositor shall submit updates to the initial Deposit Materials to Escrow Associates within sixty (60) days of any material modification, upgrade or new release of the Software. Depositor shall complete and deliver with all updates to the Deposit Materials an amended Attachment B form, which shall additionally become part of this Agreement. Escrow Associates shall notify Beneficiary within ten (10) business days of receipt of updates to the Deposit Materials. Escrow Associates has no obligation with respect to the updates to the Deposit Materials for delivery, functionality, completeness, performance or initial quality. (c) Electronic Deposit – In the event Depositor elects to utilize electronic means to transfer the Deposit Materials to Escrow Associates, whether through a service provided by Escrow Associates or other means, Escrow Associates shall not be liable for transmissions that fail in part or in whole, are lost, or are otherwise compromised during transmission. Furthermore, Escrow Associates shall not be liable for any subsequent services that may or may not be delivered as a result of a failed transfer. Escrow Associates shall not be liable to Depositor or Beneficiary for any encrypted update, or any part thereof, that is transmitted over the Internet to Escrow Associates’ FTP Site but is not received in whole or in part, or for which no notification of receipt is given. (d) Duplication of Deposit Materials - Escrow Associates may duplicate the Deposit Materials only as necessary to comply with the terms of this Agreement. Escrow Associates at its sole discretion may retain a third party for the purpose of duplicating the Deposit Materials only as necessary to comply with the terms herein. All duplication expenses shall be borne by the party requesting duplication. (e) Deposit Material Verification - Escrow Associates may be retained by separate agreement or by alternative means, to conduct a test of the Deposit Materials to determine the completeness and accuracy of the Deposit Materials. Escrow Associates shall not be liable for any actions taken on the part of any third party with regards to the Deposit Materials. 2. Term (a) Term of Agreement – The term of this Agreement shall be for a period of one (1) year from the Effective Date. At the end of the initial and each subsequent term, this Agreement shall automatically renew for an additional one (1) year term unless terminated according to the terms herein. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 420 of 731 Exhibit G G-3 (b) Termination of Agreement – This Agreement may be terminated by written mutual consent of Depositor and Beneficiary provided that one of the following occurs: i. The License Agreement has been terminated or has expired, or ii. All Deposit Materials have been released in accordance with the terms hereof. (c) Termination for Non-Payment – In the event that full payment of any or all fees due to Escrow Associates under this Agreement have not been received by Escrow Associates within thirty (30) days of the date payment is due, Escrow Associates will notify all parties hereto of the delinquent fees. If the delinquent fees are not received within thirty (30) days of the delinquency notification, Escrow Associates shall have the right to terminate this Agreement and destroy the Deposit Materials. (d) Return of Deposit Materials – Upon termination of this Agreement for any reason other than in the event all Deposit Materials have been released in accordance with the terms of Section 6 herein, Escrow Associates shall return the Deposit Materials to Depositor via commercial courier to the address of Depositor shown in this Agreement, provided that all fees due Escrow Associates are paid in full. If two (2) attempts to return Deposit Materials via commercial courier to Depositor fail or Depositor does not accept the Deposit Materials, Escrow Associates shall destroy the Deposit Materials. 3. Fees (a) Payment - Upon receipt of signed Agreement or initial Deposit Materials, whichever comes first, Escrow Associates will submit an initial invoice to Beneficiary and Depositor for amount shown on Exhibit A - Schedule 1 attached hereto. If payment is not received, Escrow Associates shall have no obligation to perform its duties under this Agreement. Beneficiary and Depositor agree to pay to Escrow Associates all additional fees for services rendered related to this Agreement as shown on Exhibit A - Schedule 1. The fee for any service that is not expressly covered in Exhibit A - Schedule 1 shall be established by Escrow Associates upon request. All fees are due in advance of service and are non-refundable. Escrow Associates may amend their pricing as shown in Exhibit A - Schedule 1 at any time upon sixty (60) days’ written notice to Beneficiary and Depositor. (b) Currency - All fees are in U.S. dollars and payment must be rendered in U.S. dollars unless otherwise agreed to in advance by Escrow Associates. 4. Indemnification - With the exception of gross negligence, willful misconduct or intentional misrepresentation by or on behalf of Escrow Associates, Depositor and Beneficiary shall, jointly and severally, indemnify and hold harmless Escrow Associates and each of its directors, officers, agents, employees, members and stockholders ("Escrow Associates Indemnitees") absolutely and forever, from and against any and all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including reasonable attorneys' fees and costs, that may be asserted against any Escrow Associates Indemnitee in connection with this Agreement or the performance of Escrow Associates or any Escrow Associates Indemnitee hereunder. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 421 of 731 Exhibit G G-4 5. Depositor’s Representations and Warranties (a) The Deposit Materials as delivered to Escrow Associates are a copy of Depositor’s proprietary information corresponding to that described in Escrow Agreement - Attachment B (attached) and are capable of being used to generate the Software. Depositor shall update the Deposit Materials as provided for in the License Agreement and/ or as provided for herein. The Deposit Materials shall contain all information necessary to enable a reasonably skilled programmer or analyst to understand, maintain and correct the Deposit Materials. (b) Depositor owns the Deposit Materials and all intellectual property rights therein free and clear of any liens, security interests, or other encumbrances. 6. Release of Deposit Materials (a) Release - The Deposit Materials, including any copies thereof, will be released to Beneficiary after the receipt of the written request for release only in the event that the release procedure set forth in Section 6 is followed and: i. Depositor notifies Escrow Associates in writing to effect such release; or ii. Beneficiary makes written request to Escrow Associates; and a. Beneficiary asserts that Depositor has failed in a material respect under the License Agreement; or b. Beneficiary asserts that Depositor has ceased all business operations without a successor or assign; or c. Beneficiary asserts that Depositor has filed for bankruptcy protection; and Beneficiary includes a written statement that the Deposit Materials will be used in accordance with the terms of the License Agreement; and Beneficiary includes specific instructions for the delivery of the Deposit Materials. (b) Depositor Request for Release - If the provisions of Section 6(a)(i) are met, Escrow Associates will release the Deposit Materials to Beneficiary within ten (10) business days. (c) Beneficiary Request for Release - If the provisions of Section 6(a)(ii) are met, Escrow Associates will within ten (10) business days forward a complete copy of the request to Depositor. Depositor shall have thirty (30) days to make any and all objections to the release known to Escrow Associates in writing. If after thirty (30) days Escrow Associates has not received any written objection from Depositor, Escrow Associates shall release the Deposit Materials to Beneficiary as instructed by Beneficiary. (d) Depositor Objection to Release - Should Depositor object to the request for release by Beneficiary in writing, Escrow Associates shall notify Beneficiary in writing within ten (10) business days of Escrow Associates receipt of said objection and shall notify both parties that there is a dispute to be resolved pursuant to Section 7 (Arbitration) of this Agreement. Escrow Associates will continue to hold the Deposit Materials without release pending (i) joint instructions from Depositor and Beneficiary; (ii) dispute resolution according to Section 7 (Arbitration); or (iii) order from a court of competent jurisdiction. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 422 of 731 Exhibit G G-5 (e) Grant of License to Deposit Materials – As of the Effective Date, Depositor hereby grants to Beneficiary, a non-exclusive, worldwide, perpetual, paid in full license, to install, use, copy, publicly perform and digitally perform, modify and create derivative works from the Deposit Materials delivered by Escrow Associates under this Section, for the sole purpose of continuing the benefits afforded to Beneficiary under this Agreement, including the development of patches and upgrades solely for Beneficiary’s internal use. (f) Restrictions on Use – The following restrictions shall apply to Deposit Materials delivered to Beneficiary: (i) Beneficiary shall not copy the Deposit Materials other than as necessary for installation on Beneficiary’s equipment and for backup copies on Beneficiary’s equipment, (ii) Beneficiary will keep the Deposit Materials in a secure, safe place when not in use, (iii) Beneficiary agrees to use the Deposit Materials under carefully controlled conditions in accordance with, and for the purposes of, this Agreement, (iv) Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Materials in accordance with Section 8, and (v) Beneficiary agrees to treat, handle, and store the Deposit Materials in the same manner and with the same care as it treats its most sensitive and valuable trade secrets. 7. Arbitration - Except as expressly provided for herein, any dispute or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled in Washington State by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Emergency Interim Relief Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Depositor and Beneficiary jointly agree to reimburse Escrow Associates for any and all costs incurred as a result of any Arbitration including attorney’s fees. The arbitrator(s) shall award attorneys’ fees and costs to the prevailing party. 8. Confidentiality – Except as otherwise required to carry out its duties under this Agreement, Escrow Associates shall hold in strictest confidence and not permit any third party access to nor otherwise use, disclose, transfer or make available the Deposit Materials except as otherwise provided herein, unless consented to in writing by Depositor. 9. Limitation of Liability - Under no circumstance shall Escrow Associates be liable for any special, incidental, or consequential damages (including lost profits) arising out of this Agreement even if Escrow Associates has been apprised of the possibility of such damages. In performing any of its duties hereunder, Escrow Associates shall not incur any liability to any party for any damages, losses, or expenses, except for willful misconduct or gross negligence on the part of Escrow Associates, and it shall not incur any liability with respect to any action taken or omitted in reliance upon any written notice, request, waiver, consent, receipt or other document which Escrow Associates in reasonably good faith believes to be genuine. 10. Notices – Notices shall be deemed received on the third business day after being sent by first class mail, or on the following day if sent by commercial express mail. All notices under this Agreement shall be in writing and addressed and sent to the person(s) listed in the space provided below: 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 423 of 731 Exhibit G G-6 Depositor Contact: Mark Beverly Title: Executive Vice President Address: 2160 Satellite Blvd., Suite 300 City, State, Zip: Duluth, Georgia 30097 Telephone: 888-355-1093 Fax: 678-474-1002 Email: mbeverly@energov.com Beneficiary Company: City of Renton Contact: David Lemenager Title: Business Systems Analyst Address: 1055 S Grady Wy #110 City, State, Zip: Renton, WA 98057 Telephone: 425.430.6882 Fax: 425.430.6893 Email: dlemenager@rentonwa.gov Billing Contact: Same as Above – City of Renton Escrow Associates, LLC Attn: Contracts Administration 8302 Dunwoody Place, Suite 150 Atlanta, GA 30350 USA Telephone: 800-813-3523 Fax: 770-518-2452 Email: info@escrowassociates.com 11. Miscellaneous (a) Counterparts - This Agreement may be executed in any number of multiple counterparts, each of which is to be deemed an original, and all of such counterparts together shall constitute one and the same instrument. (b) Entire Agreement - This Agreement supersedes all prior and contemporaneous letters, correspondences, discussions and agreements among the parties with respect to all matters contained herein, and it constitutes the sole and entire agreement among them with respect thereto. (c) Limitation of Effect - This Agreement pertains strictly to the escrow services provided for herein and does not modify, amend or affect any other contract or agreement of one or more of the parties. The terms and provisions of the License Agreement, as the same may be modified by the terms and provisions hereof, shall continue in full force and effect and be binding upon and inure to the benefit of the parties hereto, their legal representatives, successors and assigns. (d) Modification - This Agreement shall not be altered or modified without the express written consent of all parties. 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 424 of 731 Exhibit G G-7 (e) Bankruptcy Code - This Agreement shall be considered an agreement supplementary (together with any modification, supplement, or replacement thereof agreed to by the parties) to the License Agreement pursuant to Title 11 United States Bankruptcy Code Section 365(n). (f) Survival of Terms - All obligations of the parties intended to survive the termination of this Agreement, including without limitation, are the provisions of Sections 2 (Term), 3 (Fees), 4 (Indemnification), 7 (Arbitration), 9 (Limitation of Liability), and 11 (Miscellaneous) which shall survive the termination of this Agreement for any reason. (g) Governing Law - This Agreement shall be governed by the laws of the State of Washington. (h) Time of the Essence - Time is of the essence in this Agreement. (i) Successors and Assigns - This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties, provided, however, that Beneficiary shall have no right to assign any rights hereunder or with respect to the Deposit Materials except as permitted with respect to assignment of Beneficiary’s rights under the License Agreement. (Signatures are on following page. Remainder of the page intentionally left blank.) 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 425 of 731 Exhibit G G-8 IN WITNESS WHEREOF, the parties have executed this Agreement by and through their duly authorized agents as of the Effective Date. EnerGov Solutions, LLC Signature: _____________________________________ Name: ________________________________________ Title: _________________________________________ Company: _____________________________________ Date: _________________________________________ Contract Negotiated by: __________________________ Negotiator Telephone: ____________________________ City of Renton Signature: _____________________________________ Name: ________________________________________ Title: __________________________________________ Company: ______________________________________ Date: __________________________________________ Contract Negotiated by: ___________________________ Negotiator Telephone: ____________________________ Escrow Associates, LLC Signature: ______________________________________ Name: _________________________________________ Title: __________________________________________ Date:__________________________________________ 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 426 of 731 Exhibit G G-9 Escrow Agreement - Attachment B Deposit Materials Please complete Attachment B form and enclose a copy with the Deposit Materials or contact us for details on electronic depositing. Attn: Vault Manager Escrow Associates, LLC 8302 Dunwoody Place, Suite 150 Atlanta, GA 30350 USA 1-800-813-3523 Company Name: Escrow Associates Account Number: Product Name & Version: Three-Party Agreement New Deposit Account Two-Party Agreement Update to existing Deposit Account Please list specific Beneficiaries under a Two-Party Agreement associated with this product / update or check here to apply to all Beneficiaries: Media Description: Quantity Type Description / Label DVD/CDR DAT/DDS Tape Documentation Other Deposit Prepared by: Deposit Accepted by (Escrow Associates): Signed: Signed: E-mail: Name: Date: Date: 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 427 of 731 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contract Number – eCG-011011-REN-SSA Customer Initials _______ EnerGov Initials _______ Exhibit H SOFTWARE SUPPORT AGREEMENT Contract Number – eCG-011011-REN-SSA THIS SOFTWARE SUPPORT AGREEMENT (“Support Agreement”) is made this ____________ day of _____________, 2011 by and between EnerGov Solutions, LLC a Georgia limited liability company (“EnerGov”) and City of Renton, Washington (“Customer”). BACKGROUND EnerGov has licensed Customer certain of EnerGov’s proprietary software in accordance with that certain Master Customer Agreement dated ________________, “Master Customer Agreement”). Customer desires to have EnerGov support such software and EnerGov desires to support such software for Customer under the terms and conditions set forth herein. IN CONSIDERATION of the foregoing and the mutual covenants set forth herein, and intending to be legally bound, the parties agree as follows: 1. Definitions. The following words shall have the following meanings when used in this Support Agreement: “Error” means a substantial reproducible failure of the EnerGov Software to conform to the specifications set forth in the applicable end user Documentation. “Error Correction” means either a modification or addition to, or deletion from the EnerGov Software that, when made to EnerGov Software, establishes the substantial conformity of such EnerGov Software to the specifications therefore as set forth in the applicable end user Documentation, or a procedure or routine that, when observed in the regular operation of the EnerGov Software, eliminates the practical adverse effect of such Error on Customer. “Major Release” means a revision to the EnerGov Software indicated by a change in the first digit of the version number. “Minor Release” means a revision to the EnerGov Software indicated by a change in the second digit of the version number. “Release” means either a Major Release or Minor Release. “Support Services” shall mean the services described in Section 3 of this Support Agreement. Any capitalized terms not defined in this Support Agreement shall have the meaning set forth in the Terms and Conditions of the Master Customer Agreement. 2. EnerGov’s Obligations. 2.1 In consideration of Customer’s performance hereunder, EnerGov shall render the Support Services pursuant to Section 3. 2.2 All Support Services performed by EnerGov under this Support Agreement shall be performed by EnerGov in a timely and professional manner. EnerGov does not warrant that the Support Services or EnerGov Software will be uninterrupted or error free. 2.3 The parties acknowledge and agree that, notwithstanding anything to the contrary herein contained, EnerGov shall not support or maintain any hardware or any third party software. 3. Support Services. 3.1 During the term of this Support Agreement, and subject to the terms and conditions of this Support Agreement, EnerGov shall provide the following Support Services to the Customer with respect to any EnerGov Software licensed to the Customer: 3.1.1 Unlimited Phone Support. The Customer shall have unlimited access to phone support during the hours of operation by calling 1-888-355-1093, or a toll free number in use at the time requesting support. Hours of operation are 8am to 8pm (EST). 3.1.2 Unlimited Email Support. The Customer shall have unlimited access to email support by emailing support@energov.com, or a mutually agreeable email address designated for support. Email will be monitored only during normal hours of operation. 3.1.3 Free Upgrades. EnerGov shall make available to the Customer from time to time each Minor and Major Release of the EnerGov Software without additional charge to its customers who have continuously paid for Software Support since Customer’s initial purchase of all EnerGov Software. 3.1.4 Remote Support. 3.1.4.1 User Support. The User is entitled to dial in support during normal hours of operation if requested by the User. EnerGov will often utilize third party software products to dial into a client workstation. An example of third party software is Logmein (www.logmein.com), which requires user approval at the time of access by EnerGov. The Customer is not required to purchase any additional software or incur any 2011 by and between EnerGov and Customer (the 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 428 of 731 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contract Number – eCG-011011-REN-SSA Customer Initials _______ EnerGov Initials _______ 2 expense to utilize this type of support. Customer agrees and acknowledges that the use of this type of access does require that a small application software must be downloaded to the User’s PC with the expressed permission of the User at each time access is granted to support. 3.1.4.2. Server Support. Customer agrees to provide VPN access to the EnerGov database server and the EnerGov application server, solely for purposes of providing Customer-requested support. EnerGov agrees that such VPN access and its use will be in compliance with Customer policies and requirements as provided to EnerGov. 3.2 Response Time. EnerGov shall be responsible for the handling of all support issues, whether written or oral. Support issues that indicate an Error will be given higher priority and will be handled prior to non-critical issues. EnerGov will respond to all support requests within four (4) business hours with a resolution or an estimate of how much time is needed before the support request can be fulfilled. All support issues are entered into the EnerGov tracking database and will be handled as efficiently as possible. Support issues that indicate an Error will be given higher priority and will be handled prior to non-critical issues. EnerGov does not guarantee a resolution time beyond the fact that it will work diligently to resolve all customer issues and concerns as quickly as possible with high-priority issues receiving first attention and first efforts to resolution 3.3 Notwithstanding any other provisions in this Support Agreement, EnerGov shall provide Support Services only with respect to the two (2) most recent Major Releases of any EnerGov Software or two (2) calendar years from the date of implementation of the Customer’s most recent installation of the Major Release. Notwithstanding this section 3.3, Customer shall continue to receive Support Services if EnerGov’s latest version of the EnerGov Software offered to Customer has major or substantial problems preventing Customer from providing Constituency services. 3.4 Notwithstanding any other provisions in this Support Agreement, EnerGov is not obligated to provide custom modifications to the EnerGov Software for the purpose of providing additional functionality or performance beyond that which is described in the Proposal or Statement of Work. 3.5 Title to all Releases, Error Corrections, fixes, enhancements, and other Proprietary Information shall remain solely and exclusively with EnerGov and shall be subject to the Terms and Conditions of the Master Customer Agreement governing the license for the EnerGov Software supported hereunder. 3.6 Offsite Data Storage of Backups. Upon written request of Customer, EnerGov will provide offsite data storage of backups of Customer’s data on EnerGov’s ftp servers for a cost mutually agreeable to both Customer and EnerGov. Customer agrees to provide EnerGov with at least ten (10) days prior written notice of its desire to use the offsite data storage services of EnerGov. Unless provided otherwise in the Agreement or through an amendment to the Agreement: (i) stored backup data will be saved for a period of no more than seven (7) days; (ii) agreed costs for services under this section three (3), may, from time to time, change; (iii) Customer may terminate offsite data storage services provided 30- days written notice to EnerGov; and (iv) all data may be removed and deleted by EnerGov five (5) days after the termination of this Support Agreement or the Support Services provided under this section three (3). To the extent of Customers selection of data storage services, EnerGov agrees to promptly make such data available to Customer upon request as needed from time to time. 4. Out-of-Scope Problems. 4.1 This Support Agreement only covers the Support Services described in Section 3. Without limiting the foregoing, the following items are not covered by this Support Agreement unless EnerGov and Customer have jointly agreed in writing to such support: (A) Errors resulting from breach of the software license, misuse, negligence, revision, modification, or other improper use by Customer or any other person or entity of the EnerGov Software or any portion thereof; (B) Failure by Customer to timely install Error Corrections or Releases provided to Customer by EnerGov from time to time; (C) EnerGov Software installed on any equipment other than the Designated System or used with any software not specified in the Documentation; (D) Errors or other problems caused by viruses; (E) Any network failures or problems including, but not limited to, cabling, communication lines, routers, connectors, and network software; or (F) On-site service visits to Customer’s offices or other facilities such as training or consulting services requested by Customer. EnerGov will notify Customer in advance if such visits are out-of-scope and what the fee for such visits would be 4.2 Any time incurred by EnerGov in diagnosing or fixing problems that are not caused by the EnerGov Software, or are not covered by this Support Agreement, are billable to the Customer at EnerGov’s then-existing rates listed in Schedule 1 of the Master Customer Agreement, for such services with a one-hour minimum per call. 4.3. Any travel and expenses incurred in conjunction with out-of-scope support shall be billed to Customer at EnerGov’s actual costs, provided all such travel and expenses shall be approved by Customer in advance. 5. Term of Support Agreement. This Support Agreement shall become effective upon the Go-Live date and continue for a one (1) year term (the “Initial Term”), 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 429 of 731 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contract Number – eCG-011011-REN-SSA Customer Initials _______ EnerGov Initials _______ 3 unless terminated earlier as provided for herein. Thereafter, it shall continue on a year-to-year basis, until terminated by either party thirty (30) days prior to the anniversary date of this Support Agreement or any renewal term. Notwithstanding the foregoing, (i) the Customer may terminate the Support Services at any time by providing EnerGov with written thirty (30) days notice; and (ii) EnerGov may terminate this Support Agreement in the event the Customer fails to timely pay any undisputed amounts due pursuant to this Support Agreement and such failure is not cured within fifteen (15) calendar days after written notice of such failure is provided to the Customer. 6. Fees for Support Services. 6.1 Customer shall pay to EnerGov the fees for the Support Services (“Support Fees”) in the amounts set forth on the Proposal attached hereto. The initial Support Fees are due upon Acceptance of the Installation of the EnerGov Software. Thereafter, all Support Fees are payable ten (10) days before the Acceptance anniversary date. The fees set out in Schedule 1shall remain the same for the 3 years immediately following the Acceptance Date. After the first 3 years immediately following the Acceptance Date EnerGov may modify from time to time the amount of the fees charged for the Support Services by providing Customer with written sixty (60) days’ notice. Any such increase shall in no event exceed the fees of the previous year, increased by not more than the lesser of 3% or the change in the West Region Consumer Price Index, or any successor index. 6.2 In the event that the Customer purchases additional licenses or any additional EnerGov Software, or reduces the number of licenses in use, the parties agree to either amend this Support Agreement to add or reduce the Support Fees related to such changes in the number of licenses allocated in the EnerGov Software or execute a new Support Agreement. 6.3 All sums payable to EnerGov pursuant to this Support Agreement which are past due shall accrue interest at the rate of 1% per month or the highest legal rate allowed whichever is less, commencing with the date on which the payment was due. 7. Confidentiality. Proprietary Information provided by either party to the other under this Support Agreement shall be kept confidential in accordance with the terms of Section 8 of the Master Customer Agreement. 8. Limitation of Liability and Disclaimer of Warranty. 8.1. In no event shall EnerGov be liable for any special, indirect, incidental, punitive, or consequential damages, including loss of profits arising from or related to the breach of this Support Agreement8.2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUPPORT AGREEMENT, IN THE EVENT ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, ENERGOV’S LIABILITIES UNDER THIS SUPPORT AGREEMENT, WHETHER UNDER CONTRACT LAW, TORT LAW OR OTHERWISE, SHALL NOT EXCEED $1,000,000. 8.3 EXCEPT AS SET FORTH IN SECTION 2.2, AND IN THE TERMS AND CONDITIONS ENERGOV MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ENERGOV SOFTWARE OR SUPPORT SERVICES OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY CUSTOMER. ENERGOV FURNISHES THE WARRANTIES IN SECTION 2.2 IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8.4 No action, regardless of form, arising under this Support Agreement, may be brought more than (6) Six years after the cause of action has arisen. 9. Assignment. 9.1 Except in the event of a merger or sale of all or substantially all of EnerGov’s assets to another organization whose intent is to continue the EnerGov product line delivered to Customer, EnerGov may not assign or transfer this Agreement or any rights hereunder, or delegate any of its duties hereunder, without the prior written consent of Customer, which consent shall be timely and not unreasonably withheld. EnerGov will notify Customer in advance in writing of any such action. 9.2 Customer may assign or transfer this Agreement and may delegate its duties in whole or in part without charge and without the consent of EnerGov if such transfer or assignment is to a related entity such as but not limited or due to a full or partial jurisdictional change, merger, name change, as required by law, regional consolidation of Information Technology services, to eCityGov Alliance, or by government or judicial direction. Customer will notify EnerGov in advance in writing of any such action. Any attempt to assign this Agreement in violation of this section shall be null and void. 9.3 EnerGov or its Assignee agree that as long as Customer is current on its annual maintenance with EnerGov or its Assignee that Customer has the right at its option to migrate at any time, with the coordination of EnerGov to any new software product with similar functionality that EnerGov or its Assignee develops, sells or acquires, including but 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 430 of 731 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contract Number – eCG-011011-REN-SSA Customer Initials _______ EnerGov Initials _______ 4 not limited to software written in a new language, on a new platform and/or on a new database, at no charge except for implementation services and training, modules or major functionality that it had not already licensed, and incremental user licenses that it had not previously licensed. 10. Amendments. Amendments, modifications, or supplements to this Support Agreement shall be permitted, provided all such changes shall be in writing signed by the authorized representatives of both parties, and all such changes shall reference this Support Agreement and identify the specific articles or sections of this Support Agreement that is amended, modified, or supplemented. 11. Notices. All notices, consents and approvals given under this agreement shall be in writing and shall be delivered in person, by first class or express mail return receipt, telegram, email or other telegraphic means of facsimile where official proof of receipt can be validated and addressed as follows: Customer: City of Renton Attn: David Lemenager 1055 S. Grady Wy #110 Renton, WA 98057 EnerGov: Mr. Mark Beverly VP and General Manager EnerGov Solutions, LLC 2160 Satellite Blvd – Suite 300 Duluth, GA 30097 Either party may change its address or addressee for the purposes of this paragraph by written notice. Notice given in accordance with this paragraph shall be deemed given when received. 12. Obligations that Survive Termination. The parties recognize and agree that the obligations of the other party under Sections 7, 8, 13 and 15 of this Support Agreement, shall survive the cancellation, termination, or expiration of this Support Agreement. 13. Governing Law. The validity, construction, interpretation, and performance of this Support Agreement shall be governed by and construed in accordance with the domestic laws of the State of Washington except as to its principles of conflicts of laws. Each party hereto hereby voluntarily (i) submits to personal, exclusive jurisdiction in the State of Washington, with respect to any suit, action or proceeding by any person arising from, relating to or in connection with this Support Agreement, (ii) agrees that any such suit, action or proceeding shall be brought in any state court of competent jurisdiction sitting in King County, Washington, or in the United States District Court, Western District of Washington , (iii) submits to the jurisdiction of such courts, and (iv) irrevocably agrees not to assert any objection as to the venue of any such suit, action or proceeding in the courts described above and any claim that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. 14. Authority. Each party represents and warrants to the other that it has the right to enter into this Agreement. 15. Costs and Attorneys’ Fees. In any action, suit, arbitration, mediation or other similar proceeding brought by any party hereto for enforcement hereof or arising out of or relating hereto or breach hereof, the non-prevailing or unsuccessful party shall promptly pay directly, or promptly reimburse the prevailing or successful party for all costs and all consultants’ and attorneys’ fees and expenses, paid or incurred by the prevailing or successful party in enforcing this Support Agreement, in addition to other such relief as such prevailing or successful party may be entitled. For purposes of this Section, the determination of which party is to be considered the prevailing or successful party shall be decided by the court of competent jurisdiction or independent party (i.e., mediator or arbitrator) that resolves such action, suit, dispute, claim, or litigation. 16. Waiver. No waiver of breach or failure to exercise any option, right, or privilege under the terms of this Support Agreement on any occasion or occasions shall be construed to be a waiver of the same or any other option, right or privilege on any other occasion. 17. Severability. If any of the provisions of this Support Agreement shall be invalid or unenforceable under the laws of the jurisdiction where enforcement is sought, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Support Agreement but rather the entire Support Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of EnerGov and Customer shall be construed and enforced accordingly. 18. Counterparts. This Support Agreement may be executed simultaneously in two (2) or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 431 of 731 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Contract Number – eCG-011011-REN-SSA Customer Initials _______ EnerGov Initials _______ 5 instrument. 19. Delivery of Electronic Copy of Executed Agreement. The parties agree that electronic transmission via facsimile or email to the other party of a copy of this Support Agreement bearing such party’s signature shall suffice to bind the party transmitting same to this Support Agreement in the same manner as if an original signature had been delivered. Without limitation of the foregoing, each party who electronically transmits an executed copy of this Support Agreement via facsimile or email bearing its signature covenants to deliver the original thereof to the other party as soon as possible thereafter. 20. Entire Agreement. This Support Agreement and the Master Customer Agreement and exhibits thereto constitute the entire agreement between the parties hereto and replaces and supersedes all prior agreements, written and oral, relating to the subject matter hereof, between the parties to this Support Agreement. 21. Force Majeure. Neither Party shall be liable for any delay in performance or inability to perform due to Force Majeure. “Force Majeure” includes any acts or omissions of any civil or military authority, acts of God, acts or omissions of CUSTOMER, fires, strikes or other labor disturbances, major equipment failures, fluctuations or non-availability of electrical power, heat, light, air- conditioning or telecommunications equipment, or any other act, omission or occurrence beyond the Party’s reasonable control, irrespective of whether similar to the foregoing enumerated acts, omissions or occurrences took place. If the Party’s performance is delayed by Force Majeure, the time for performance shall be extended. IN WITNESS WHEREOF, the parties have executed this Support Agreement under seal as of the day and year first written above. CUSTOMER:_______________________________ By: Title: Address: _______________________________________ _______________________________________ ENERGOV SOLUTIONS, LLC By: Title: Executive Vice President Address: 2160 Satellite Blvd., Ste. 300 Duluth, GA 30097 5e. ‐ Finance and Information Technology Department recommends  approval of a contract in the amount of $637,451 with EnerGov Solutions  Page 432 of 731 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Rainier Avenue South (SR 167) South Grady Way to South 2nd Street Condemnation Ordinance Meeting: Regular Council - 11 Apr 2011 Exhibits: Ordinance Submitting Data: Dept/Div/Board: Public Works Staff Contact: Derek Akesson, Project Manager (ext. 7337) Recommended Action: Refer to Transportation Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ Amount Budgeted: $ N/A Revenue Generated: $ Total Project Budget: $ N/A City Share Total Project: $ SUMMARY OF ACTION: The City has been negotiating to acquire properties necessary for the subject project for nearly one year. Of the 48 separate parcels involved, we have been successful in obtaining 8 signed purchase agreements, of which two have closed. In addition we have obtained two possession and use agreements. In order for the project to go forward, it is necessary to proceed with condemnation on those properties for which we do not have signed purchase and sale agreements. The properties with possession and use agreements must also be included in the condemnation action so the value of the taking can be determined by the court in the event negotiations on price fail. Pursuant to RCW 8.12.005 and 8.25.290 the City is required to provide notification to all holders of interest in property affected by a condemnation action at least 15 days prior to final action by the Council adopting the condemnation ordinance. Therefore, the Council must set the date for such action so that notice can be sent to those holders of interest in such properties. STAFF RECOMMENDATION: Set the Council meeting on May 2, 2011, for first and second reading and adoption of an ordinance condemning certain properties on Rainier Avenue South between South Grady Way and 200 feet north of South 2nd Street, as described in exhibits A and B of the attached ordinance. 5f. ‐ Transportation Systems Division requests authorization to set  5/2/2011 as the date for first and second reading and adoption of an  Page 433 of 731 5f. ‐ Transportation Systems Division requests authorization to set  5/2/2011 as the date for first and second reading and adoption of an  Page 434 of 731 5f. ‐ Transportation Systems Division requests authorization to set  5/2/2011 as the date for first and second reading and adoption of an  Page 435 of 731 5f. ‐ Transportation Systems Division requests authorization to set  5/2/2011 as the date for first and second reading and adoption of an  Page 436 of 731 5f. ‐ Transportation Systems Division requests authorization to set  5/2/2011 as the date for first and second reading and adoption of an  Page 437 of 731 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Automated Meter Reading System Contract with United Pipe and Supply, Inc. Meeting: Regular Council - 11 Apr 2011 Exhibits: Issue Paper Contract Submitting Data: Dept/Div/Board: Public Works Staff Contact: Abdoul Gafour and J. D. Wilson, Water Utility Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ $1,721,096 (2011 & 2012), $2,878,904 (2013 to 2016), $4,600,000 (total 6-year project cost) Transfer Amendment: $ Amount Budgeted: $ $2,500,000 (2011-2012 approved budget)Revenue Generated: $ Total Project Budget: $ $2,500,000 (2011-2012 approved budget)City Share Total Project: $ 100% SUMMARY OF ACTION: The Water Utility requests approval of a contract with United Pipe and Supply, Inc., in the amount of $2,388,861.08, to provide all system components for an Automated Meter Reading (AMR) system, including hardware, software, training City staff, project management, and consulting services. In accordance with City policies, the Water Utility advertised for request for proposals from vendors of AMR systems. The City’s evaluation team reviewed all submitted technical and cost proposals and selected United Pipe and Supply, Inc. as the best and most advantageous proposal to the City considering functionality, compatibility with the City’s existing metering and billing systems, and life cycle costs. The Water Utility has budgeted $2,500,000 for the AMR project in the 2011 and 2012 Capital Improvement Program budget (account #425/55591) to cover all anticipated expenses in 2011 and 2012 related to the acquisition of the AMR system. To reduce impact to the annual budgets for capital improvement projects, the AMR project will be phased in over a 6-year period (2011-2016) and the total budget is $4,600,000. Of this amount, $2,388,861.08 million is for the proposed contract and $2,211,138.92 is for City staff time and materials to be purchased for the installation of the end-point radios, replacing meter bodies, and registers as needed for about 17,000 water meters. STAFF RECOMMENDATION: Approve the contract and authorize the Mayor and City Clerk to execute the contract with United Pipe and Supply, Inc., in the amount of $2,388,861.08, to provide all system components for an Automated Meter Reading system, including hardware, software, training City staff, project management, and consulting services. 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 438 of 731 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:March 29, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Abdoul Gafour, Water Utility Supervisor, x7210 J.D. Wilson, Water Utility/GIS Engineer, x7295 SUBJECT:Automated Meter Reading System Contract with United Pipe and Supply, Inc. ISSUE: Should Council approve a contract with United Pipe and Supply, Inc., in the amount of $2,388,861.08, to provide an Automated Meter Reading system and related appurtenances to improve the efficiency of the operation, management, and customers’ billing for the City’s drinking water system? RECOMMENDATION: Approve the contract and authorize the Mayor and City Clerk to execute the contract with United Pipe and Supply, Inc., in the amount of $2,388,861.08, to provide all system components for an Automated Meter Reading system, including hardware, software, training City staff, project management, and consulting services. BACKGROUND SUMMARY: The purpose of the Automated Meter Reading (AMR) system is to improve meter reading efficiency, capture water usage data, enhance water conservation activities, including leak and water theft detection, and provide timely and accurate billing to our water customers. The AMR system will also allow the City to optimize the pumping of its water supply wells and the operation and management of its water system. In May 2009, the Water Utility advertised a request for proposals from vendors of AMR systems. The City’s evaluation team reviewed all submitted proposals using defined criteria based on system configuration, performance, implementation plans, and cost proposal. The team rated the proposal submitted by United Pipe and Supply, Inc. as the best and most advantageous proposal to the City considering functionality, compatibility with the City’s existing metering and billing systems, and life cycle costs. 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 439 of 731 Ms. Terri Briere, Council President Page 2 of 4 March 29, 2011 H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-3499 - Automated Meter Reading System\Contract\Council Approval\revised Issue Paper AMR-032911.doc\AGtp In May 2010, Council authorized staff to negotiate a contract with United Pipe and Supply, Inc. for the acquisition of the AMR system. In March 2011, we received the City Attorney’s approval of the contract language for legal form. Subject to Council’s approval of the contract, the Water Utility plans to deploy the AMR system over a 6-year period (2011-2016) to reduce impact to the annual budgets for capital improvement projects. The Water Utility has budgeted sufficient funding in our 2011-2012 Capital Improvement Program budget (account #425/55591 with $1,500,000 in 2011 and $1,000,000 in 2012) to cover the anticipated project costs in the first two years. Funding for the project costs for 2013 to 2016 will be requested through the budget request and approval process. The main tasks and deliverables from United Pipe and Supply, Inc. under this contract include: 1 Providing and installing system software for the data management system and hardware, electrical power, fiber optic cables, site work, including three Tower Gateway Base stations and repeaters to be installed by United Pipe and Supply, Inc. at the three City’s reservoirs (Highlands, Rolling Hills and West Hill reservoirs). $197,366.94 2 Providing end-point radios for the 17,000 City’s water meters. $2,127,217.64 3 Providing the interface between the AMR system and the utility billing system. $44,347.50 4 Training of City water maintenance staff who will be installing portions of the system, and City engineering, maintenance, and utility billing staff who will be using the data management system. $19,929.00 Total costs for contract with United Pipe and Supply, Inc.$2,388,861.08 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 440 of 731 Ms. Terri Briere, Council President Page 3 of 4 March 29, 2011 H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-3499 - Automated Meter Reading System\Contract\Council Approval\revised Issue Paper AMR-032911.doc\AGtp The estimated costs for the City’s purchase of the replacement meters, computer server, along with the City’s labor and equipment to install the complete AMR system are: 1 Purchase of new water meter bodies, registers, and meter boxes. $1,728,178.00 2 Purchase of computer server hardware and software.$20,000.00 3 Provide City’s labor, equipment, and materials for the installation of end point radios at each meter of the 17,000 meters. $462,960.92 Total City’s costs $2,211,138.92 Estimated total project cost (2011-2016)$4,600,000.00 The schedule and funding for the deployment of the AMR system is: United Pipe and Supply, Inc. Contract Costs 2011 2012 Hardware and software $197,366.94 End point radios $354,536.27 $354,536.27 Interface with utility billing $44,347.50 Training $19,929.00 Subtotal for United Pipe and Supply, Inc. $616,179.71 $354,536.27 City’s costs Meter replacements $288,029.67 $288,029.67 Computer server, hardware $20,000.00 Labor, equipment, materials $77,160.15 $77,160.15 Total City’s costs $385,189.82 $365,189.82 Total United Pipe and Supply, Inc. contract cost and City’s costs $1,001,369.53 $719,726.09 2011 and 2012 Approved Capital Project Budget $1,500,000.00 $1,000,000 The anticipated costs and proposed budgets for 2013 to 2016 related to the AMR program are: 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 441 of 731 Ms. Terri Briere, Council President Page 4 of 4 March 29, 2011 H:\File Sys\WTR - Drinking Water Utility\WTR-27 - Water Project Files\WTR-27-3499 - Automated Meter Reading System\Contract\Council Approval\revised Issue Paper AMR-032911.doc\AGtp 2013 2014 2015 2016 United Pipe and Supply, Inc. Contract Costs End point radios $354,536.27 $354,536.27 $354,536.27 $354,536.27 City’s related costs Meters replacement $288,029.67 $288,029.67 $288,029.67 $288,029.67 Labor, equipment, materials $77,160.15 $77,160.15 $77,160.15 $77,160.15 Total United Pipe and Supply, Inc. contract costs and City’s costs $719,726.09 $719,726.09 $719,726.09 $719,726.09 CONCLUSION: The acquisition and phased deployment of an Automated Meter Reading system will significantly improve the City’s efficiency for the operation and management of our drinking water system. It will also provide us with valuable information for the planning of capital projects and for water conservation efforts. Customers’ billing can be done in a more timely and accurate manner. Council’s approval of the contract with United Pipe and Supply, Inc. is necessary for the acquisition and deployment of the AMR system. cc: Lys Hornsby, Utility Systems Director JoAnn Wykpisz, PW Principal Financial and Admin Analyst File 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 442 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 443 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 444 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 445 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 446 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 447 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 448 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 449 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 450 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 451 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 452 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 453 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 454 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 455 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 456 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 457 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 458 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 459 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 460 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 461 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 462 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 463 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 464 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 465 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 466 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 467 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 468 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 469 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 470 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 471 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 472 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 473 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 474 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 475 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 476 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 477 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 478 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 479 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 480 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 481 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 482 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 483 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 484 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 485 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 486 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 487 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 488 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 489 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 490 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 491 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 492 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 493 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 494 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 495 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 496 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 497 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 498 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 499 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 500 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 501 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 502 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 503 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 504 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 505 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 506 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 507 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 508 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 509 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 510 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 511 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 512 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 513 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 514 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 515 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 516 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 517 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 518 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 519 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 520 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 521 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 522 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 523 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 524 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 525 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 526 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 527 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 528 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 529 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 530 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 531 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 532 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 533 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 534 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 535 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 536 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 537 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 538 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 539 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 540 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 541 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 542 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 543 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 544 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 545 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 546 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 547 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 548 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 549 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 550 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 551 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 552 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 553 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 554 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 555 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 556 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 557 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 558 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 559 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 560 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 561 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 562 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 563 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 564 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 565 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 566 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 567 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 568 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 569 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 570 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 571 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 572 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 573 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 574 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 575 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 576 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 577 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 578 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 579 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 580 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 581 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 582 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 583 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 584 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 585 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 586 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 587 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 588 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 589 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 590 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 591 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 592 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 593 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 594 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 595 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 596 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 597 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 598 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 599 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 600 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 601 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 602 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 603 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 604 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 605 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 606 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 607 of 731 5g. ‐ Utility Systems Division recommends approval of a contract in the  amount of $2,388,861.08 with United Pipe and Supply, Inc. to provide all Page 608 of 731 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 0 9 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 0 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 1 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 2 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 3 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 4 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 5 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 6 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 7 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 8 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 1 9 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 0 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 1 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 2 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 3 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 4 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 5 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 6 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 7 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 8 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 2 9 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 0 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 1 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 2 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 3 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 4 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 5 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 6 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 7 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 8 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 3 9 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 4 0 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 4 1 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 4 2 o f 7 3 1 5 g .   ‐   U t i l i t y   S y s t e m s   D i v i s i o n   r e c o m m e n d s   a p p r o v a l   o f   a   c o n t r a c t   i n   t h e   a m o u n t   o f   $ 2 , 3 8 8 , 8 6 1 . 0 8   w i t h   U n i t e d   P i p e   a n d   S u p p l y ,   I n c .   t o   p r o v i d e   a l l   P a g e 6 4 3 o f 7 3 1 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Partial Requirements Contract, A 50-year Water Supply Contract with Seattle Public Utilities Meeting: Regular Council - 11 Apr 2011 Exhibits: Issue Paper Partial Requirements Contract Resolution Submitting Data: Dept/Div/Board: Public Works Staff Contact: Abdoul Gafour, x7210 Recommended Action: Refer to Utilities Committee Fiscal Impact: Expenditure Required: $ 49,000 (2011), 151,000 (estimate for 2012) Transfer Amendment: $NA Amount Budgeted: $ 50,000 (2011 contract expenditures)Revenue Generated: $NA Total Project Budget: $ 100,000 (2011 budget #425.455200) City Share Total Project: $ 100% SUMMARY OF ACTION: The Water Utility requests Council’s approval of the Partial Requirements Contract, a 50-year (2012- 2062) water supply contract, with Seattle Public Utilities (SPU) to provide the City of Renton with long- term water supply to meet the City’s future needs. The City of Renton needs to plan for and secure adequate water supply to meet future growth within its water service area. Based on projected water demand forecast, the City anticipates needing additional water for peak demand within the next two years and reaching its total annual supply capacity around 2028. The Water Utility has budgeted sufficient funds in the six-year (2011-2016) Capital Improvement Program budget to cover the City’s cost for our participation in SPU’s regional conservation program and for future water purchases. STAFF RECOMMENDATION: Approve the contract and authorize the Mayor and City Clerk to execute the Partial Requirements Contract, a 50-year (2012-2062) water supply contract with Seattle Public Utilities to provide the City of Renton with long-term water to meet the City’s future needs. 5h. ‐ Utility Systems Division recommends approval of a 50‐year partial  requirements water supply contract with Seattle Public Utilities, with an  Page 644 of 731 PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:March 23, 2011 TO:Terri Briere, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Abdoul Gafour, Water Utility Supervisor, x7210 SUBJECT:Partial Requirements Contract, A 50-year Water Supply Contract with Seattle Public Utilities ISSUE: Should Council approve the Partial Requirements Contract, a 50-year water supply contract, with Seattle Public Utilities to provide the City of Renton with long-term water to meet the City’s future needs? RECOMMENDATION: Approve the contract and authorize the Mayor and City Clerk to execute the Partial Requirements Contract, a 50-year (2012-2062) water supply contract, with Seattle Public Utilities to provide the City of Renton with long-term water to meet the City’s future needs. BACKGROUND SUMMARY: The City of Renton needs to plan and secure adequate water supply to meet future growth within its water service area. Based on projected water demand forecast, the City anticipates needing additional water for peak demand within the next two years and reaching its total annual supply capacity around 2028. Water Utility staff has evaluated and performed cost-benefit analyses on several water supply options, which included: the construction of water quality improvements for the City’s Well 5A; the potential to obtain future supply from Cascade Water Alliance; and through the renewal of an existing water supply contract with Seattle Public Utilities. We determined that the best and most economical option for the City would be to renew and replace the existing contract with SPU with a new 50-year partial requirements water supply contract. The new contract will be the same as SPU’s contracts with its 19 existing purveyors. Subject to Council’s approval, the new contract will be effective on January 1, 2012 and will expire on January 1, 2062. Under the new contract, SPU will provide the City with a reliable source of water supply and in sufficient 5h. ‐ Utility Systems Division recommends approval of a 50‐year partial  requirements water supply contract with Seattle Public Utilities, with an  Page 645 of 731 Ms. Terri Briere, Council President Page 2 of 2 March 23, 2011 H:\File Sys\WTR - Drinking Water Utility\WTR-11 - Interagency Cooperation\WTR-11-0012 - Seattle Public Utilities\New 2012-2062 Contract\Issue-paper.doc/AGtp quantity to meet the City’s long-term needs. The main elements of the contract include: ·No limit of quantity of water purchased by the City ·Full participation in SPU’s regional water conservation program ·Additional water system interties allowed when needed ·Reasonable wholesale water rates ·No SPU facilities charges for new connections ·City’s representation on SPU operating board for decision making In order to participate in SPU’s regional water conservation program and to qualify for financial incentives and rebates, the City will need to pay a one-time program start-up cost of $15,000 and a one-time program buy-in cost of $34,000. The annual City’s cost for participation in the regional water conservation program will be based on a percentage of SPU’s program cost, using the ratio of Renton’s total annual retail flows over SPU’s annual retail and wholesale flows. The estimated City’s cost for 2012, using the 2009 respective retail water sale flows, would be about $151,000 based on a 5% ratio of Renton’s annual retail flow divided by SPU’s annual retail and wholesale flows. The Water Utility has budgeted sufficient funds in the six-year (2011-2016) Capital Improvement Program budget to cover the City’s cost for our participation in SPU’s regional conservation program and for future water purchases. The $49,000 for the regional program initial set-up and buy-in costs will be paid from the Water Utility 2011 Capital Improvement Program budget (#425.455200). CONCLUSION: The City needs to obtain additional water supply to meet future growth demand. Council’s approval of the wholesale water supply contract with SPU will allow the City to secure a reliable source of water supply and in sufficient quantity to meet the City’s needs to year 2062. The City and its customers will benefit from the nationally recognized regional water conservation program and be able to conserve natural resources and become more sustainable. cc: Lys Hornsby, Utility Systems Director JoAnn Wykpisz, PW Principal Financial and Admin Analyst File 5h. ‐ Utility Systems Division recommends approval of a 50‐year partial  requirements water supply contract with Seattle Public Utilities, with an  Page 646 of 731 5h. ‐ Utility Systems Division recommends approval of a 50‐year partial  requirements water supply contract with Seattle Public Utilities, with an  Page 647 of 731 5h. ‐ Utility Systems Division recommends approval of a 50‐year partial  requirements water supply contract with Seattle Public Utilities, with an  Page 648 of 731 5h. ‐ Utility Systems Division recommends approval of a 50‐year partial  requirements water supply contract with Seattle Public Utilities, with an  Page 649 of 731 5h. ‐ Utility Systems Division recommends approval of a 50‐year 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