HomeMy WebLinkAboutCommittee of the Whole Packet for 06/20/2016 Committee of the Whole Attendance
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COUNCIL PRESENT
L�Randy Corman, President
f� Armondo Pavone, Pres. Pro-Tem
� Ryan Mclrvin
Ruth Perez
�. Don Persson
� Ed Prince
`� Carol Ann Witschi
SAFF PRESENT
� Other: �G�+f�, �o �-��j�
�- Kelly Beymer, Community Services Administrator (a Other:
� Ellen Bradley-Mak, Human Resources& Risk
� Other: ,,,�
Management Administrator -
❑ Other:
� Jay Covington, Chief Administrative Officer
❑ Other:
Zanetta Fontes, Senior Assistant City Attorney
❑ Megan Gregor, Deputy City Clerk
❑ Other:
� ❑ Other:
Jennifer Henning, Planning Director ❑ Other:
❑ Doug Jacobson, Deputy Public Works
Administrator
❑ Other:
❑ Denis Law, Mayor
❑ Other:
❑ Cliff Long, Economic Development Director
❑ Other:
❑ Julia Medzegian, City Council Liaison
❑ Other:
❑ Other:
❑ Chief Kevin Milosevich, Police Department
❑ Other:
� Shane Moloney, Senior Assistant City Attorney
❑ Other:
❑ Chief Mark Peterson, Fire & Emergency Services
Department
� Jason Seth, City Clerk
J&- Preeti Shridhar, Deputy Public Affairs Administrator
� Chip Vincent, Community and Economic Development Administrator
❑ Larry Warren, City Attorney
�L Gregg Zimmerman, Public Works Administrator
❑ Iwen Wang,Administrative Services Administrator
I
AGENDA
Committee of the Whole Meeting
5:30 PM - Monday, June 20, 2016
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. Evergreen Treatment Services Briefing
a) Evergreen Treatment Presentation
b) Seattle Times OpEd
c) Medication Assisted Treatment
d) Community FAQs
e) Who Are We?
f) Heroin - Report Series
g) Customer Code of Conduct
2. Neighborhood Program Update
a) Neighborhood Program Presentation
3. King County Comprehensive Plan Briefing
a) King County Comprehensive Plan Update
4. Regional Fire Authority Interlocal Agreement
a) Draft ILA (Final Version will be available Monday along with the two ground leases)
b) Fire Station 11 Lease
c) Fire Station 12 Lease
5. Regional Issues
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AGENDA ITEM #1. a)
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Opioid treatment available but limited by funding, stigma
Originally published on SeattleTimes.com, June 7, 2016.
Opioid-use disorders need to be recognized for what they are: a chronic,
relapsing medical condition. It is a brain disease, not a moral failing.
By Molly Carney, Special to The Times
PHILIP Seymour Hoffman, Heath Ledger, Cory Monteith and now Prince — all talented
lives cut short by opioid overdoses. For many of us, these names usher in feelings of loss:
lost talent, lost art and lost potential. But the opioid epidemic is not just an artist’s
tragedy. It is a national tragedy and a Washington state tragedy.
There’s another list: daughters, sons, friends, co-workers,
neighbors — some of the hundreds of people in Washington
who have recently died from opioid-related overdoses. These
people are rarely headline news, but they are deeply mourned
by their communities.
While it is already too late for the victims of overdose, there
are many more people for whom heroin and prescription-
opioid abuse do not have to spell the end. I see every day in my work with Evergreen
Treatment Services that people do recover, and many will fight fiercely for the chance.
They need our help, not our judgment. We have to increase access to and acceptance of
the tools in our toolbox, particularly medication-assisted treatment.
Medication-assisted treatment is the standard-of-care treatment that pairs Food and
Drug Administration-approved medications with wraparound services including
counseling, and is proven to have a significant impact on relapse and reducing risk for
overdose. Yet stigma against this treatment keeps too
many people from embracing it. We hear of many
overdose victims who tried to quit but felt that they did
not want to use any medication to manage their recovery.
Opioid-use disorders need to be recognized for what they
are: a chronic, relapsing medical condition. They are a
brain disease, not a moral failing. For many people in the
grip of addiction, the cravings and withdrawal are so
disruptive that they can only be successfully controlled with the assistance of a brain -
stabilizing medication like methadone or buprenorphine. There is no shame in someone
who uses heroin or other opioids benefiting from medication-assisted treatment, just as
there is no shame in a diabetic taking insulin to stay alive.
“The opioid
epidemic is not just
an artist’s tragedy; it
is a national tragedy
and a Washington
state tragedy.”
“I see every day in my
work with Evergreen
Treatment Services that
people do recover, and
many will fight fiercely
for the chance.”
AGENDA ITEM #1. b)
While medication-assisted treatment is the best option that we have, it is not an easy fix.
Any one of our patients can attest that treatment is hard — it takes time and real physical
and emotional work. Patients must come to our federally accredited opioid-treatment
program six days a week to take the medication that keeps their brain chemistry stable.
They must engage with a counselor, work with our medical
providers and be screened regularly for drug use. They
must do this while facing the reality of lost jobs, families,
homes — and often everything that is important to them.
We also need to make treatment more accessible to those
who need it. In Seattle, waiting lists for publicly funded
treatment are often months-long. For many people in rural
areas — where the epidemic has become rampant — medication-assisted treatment
simply is not available. Instead, our patients travel sometimes four and five hours every
day to get their medication.
We are seeing progress, however. Evergreen Treatment Services, with the support of the
national Substance Abuse and Mental Health Services Administration, is working with
the state to try an integrated-treatment initiative we call FlexCare — the first of its kind in
Washington state. FlexCare expands medication-assisted-treatment access by using
doctors, working side-by-side with nurses, to provide prescriptions of the medication
Suboxone. This offers an alternative to traditional treatment in clinics that dispense daily
doses of medication. If patients have difficulty stabilizing, doctors can refer them to
Evergreen Treatment Services for backup clinical services and support. In short, FlexCare
provides patients with options and we can treat more people.
But much more work needs to be done. Given the daily struggle of someone on heroin,
waiting a month to enter treatment is too long. Commuting an hour or more each way —
every day — to get to a medication-assisted-treatment clinic makes it impossible for
patients to do much more than just be in treatment. And low Medicaid -reimbursement
rates for doctors prescribing Suboxone prevent many doctors from taking these patients.
Thus, low-income Washingtonians, in particular, are unable to get the treatment that they
need.
Every overdose is a tragedy. This is someone’s loved one. We have tools we need to bring
this epidemic under control, but we must first drop the stigma that shames people with
opioid-use disorders into the shadows. We must also get serious about funding access to
treatment and get creative about ways we can reach as many people as possible.
We don’t have a minute to lose. We can’t afford to add another name to the list of overdose
victims.
Molly Carney is the executive director of Evergreen Treatment Services, a nonprofit
organization that provides medication-assisted treatment to more than 2,500 people in
Western Washington.
The original article can be viewed at http://bit.ly/ETSinSeattleTimes.
“Opioid-use disorders
need to be recognized
for what they are: a
chronic, relapsing
medical condition.”
AGENDA ITEM #1. b)
1
INFO Brief
Medication assisted treatment (MAT) can be a life-saving and cost-saving intervention for those with
opioid use disorder. While there are three FDA approved medications for treating opioid use disorder, the
evidence base for these medications varies. Clinical effectiveness -- how these medications work in the
real world -- is the relevant standard for selecting appropriate medications.
Opioid addiction treatment medications work in quite different ways and may be more or less effective
for particular types of patients and in particular social and geographic contexts. The evidence is
incomplete in terms of which medications work best for
which patients in which settings and contexts. In the midst
of an epidemic of opioid overdose and opioid use disorder, all
evidence-based medications should be accessible to patients
and considered by their healthcare providers. The research
literature generally shows that methadone and
buprenorphine have a strong evidence base supporting their clinical effectiveness. Extended-release
naltrexone (Vivitrol) does not have such an evidence base supporting its use (studies are ongoing);
however, there may be some patient populations for whom it is a good fit. Because of particular concerns
about overdose risk when patients are going on or off Vivitrol , it is recommended that Vivitrol should
not be offered as the only option.
The literature is also clear that there is a range of patterns of use of MAT over time, and that short term
detox using these medications leads to relapse and increased overdose risk. It is not clear for whom long
term medication is needed and for whom medication can be stopped. Patients’ functioning should inform
the nature and duration of treatment, not a pre-determined schedule. The fact that opioid use disorder is a
chronic, relapsing condition is consistent with the fact that for many patients, long term MAT will be
appropriate and effective. Under DSM-5 diagnostic criteria for opioid use disorder, tolerance to and
withdrawal from opioids are not considered for people who
are taking opioids solely under appropriate medical
supervision for substance use disorder, i.e. a person
receiving MAT as directed is no longer diagnosed in active
“addiction.”
Medication Assisted Treatment for Opioid Use Disorders:
Overview of the Evidence
June 17, 2015
Patients’ functioning should inform the nature
and duration of treatment, not a pre-determined
schedule.
In the midst of an epidemic of opioid overdose
and opioid use disorder, all evidence-based
medications should be accessible to patients,
and considered by their healthcare providers.
AGENDA ITEM #1. c)
2
PEER-REVIEWED RESEARCH STUDIES
The Evidence Doesn’t Justify Steps By State Medicaid Programs To Restrict Opioid Addiction Treatment
With Buprenorphine Health Affairs 2011; 30( 8): 1425-1433.
Mortality and cost savings associated with buprenorphine and methadone in Massachusetts’
Medicaid program compared to non-medication treatment and continued drug use.
Long-term outcomes from the National Drug Abuse Treatment Clinical Trials Network Prescription
Opioid Addiction Treatment Study. Drug & Alcohol Dependence 2015 May 1;150:112-9.
Describes varying patterns of buprenorphine use over a 42 month period.
SYSTEMATIC REVIEWS OF CLINICAL EVIDENCE
Methadone maintenance therapy versus no opioid replacement therapy.
Cochrane Reviews 2009, Issue 3. Art. No.: CD002209.
Maintenance treatments for opiate-dependent adolescents.
Cochrane Reviews 2014, Issue 6. Art. No.: CD007210.
Buprenorphine maintenance versus placebo or methadone maintenance for opioid dependence .
Cochrane Reviews 2014, Issue 2. Art. No.: CD002207.
Medication-assisted treatment of opioid use disorder: review of the evidence and future directions.
Conner HS. Harvard Review of Psychiatry 2015;23(2):63-75.
Review for clinicians on medication assisted treatment options.
FACT SHEETS & POLICY REVIEWS
Medicaid Coverage and Financing of Medications to Treat Alcohol and Opioid Use Disorders . SAMHSA
2014, SMA14-4854. Medicaid coverage of medication-assisted treatment for opioid and alcohol de-
pendence; treatment effectiveness and cost effectiveness as well as examples of innovative state im-
plementation approaches; cost offset/savings are reviewed for methadone and buprenorphine.
Management of Patients with Opioid Dependence: A Review of Clinical, Delivery System, and Policy
Options. Final report, New England Comparative Effectiveness Public Advisory Council, July 2014.
Detailed review by a policy group for New England Health Plans compares methadone, buprenorphine,
and naltrexone on mortality, retention, and costs.
Medication-Assisted Treatment for Opioid Addiction, Office of National Drug Control Policy Healthcare
Brief, Sept. 2012, 3 p. Overview of methadone, buprenorphine and Vivitrol including table summariz-
ing pharmacology, clinical settings, and uses and relevant regulations regarding prescribing and
dispensing.
Consensus Statement on the Use of Medications in Treatment of Substance Use Disorders. National
Association of State Alcohol and Drug Abuse Directors (NASADAD). Overview of the role of medica-
tions to support recovery from alcohol and opioid addiction.
Thank you to Dr. Alex Walley and the other clinical and research experts who provided feedback for this brief.
Citation: Medication Assisted Treatment for Opioid Use Disorders: Overview of the Evidence. Caleb Banta-Green.
Alcohol & Drug Abuse Institute, Univ. of Washington, June 2015. http://adai.uw.edu/pubs/infobriefs/MAT.pdf
AGENDA ITEM #1. c)
10/14/15
What is Evergreen Treatment Services (ETS)?
ETS provides medication assisted treatment and wrap-around services for people struggling with
opioid use disorders in Western Washington. We operate three treatment clinics for adults with
opioid use disorders, and we will be opening a fourth facility in 2016. ETS offers medication
assisted treatment for more than 2,500 patients using methadone and buprenorphine. All
patients are required to engage in wrap-around services including working with one of our
medical providers, counseling, random urine drug screens, psycho-educational classes, and can
participate in optional acupuncture services.
Why is ETS in our community?
Opioid use disorders are a huge problem in Washington State and beyond. We are in the midst
of a heroin epidemic according to the Centers for Disease Control, the World Health Organization,
and the Department of Justice. Data from the Alcohol and Drug Abuse Institute (ADAI) at the
University of Washington shows that, in 2012, heroin was the most common drug of abuse
among 18-29 year olds admitted into substance abuse treatment in our state. The Department
of Justice recently revealed that opioid overdose deaths rose by 45 percent between 2006 and
2010, constituting an “urgent and growing public health crisis.”
How do people get addicted?
Physical dependence on opioids such as heroin, OxyContin and Percocet develops after
prolonged use. Dependence alters the way a person’s body and brain functions, and results in
an increase in the number of brain receptors that seek the effect of opioids. With physical
dependence, some people move in to addiction. Addiction is a disorder of the brain’s reward
system and occurs when there is a fundamental shift in a person’s psychological, emotional, and
behavioral focus on the drug. In 2010, 1.9 million Americans were addicted to prescription
opioids and 359,000 were addicted to heroin. Each year, more and more are falling into this
addiction, particularly those under the age of 30.
How does a person start injecting?
Use usually starts with pills or smoking. Over time, when seeking the drug effect, tolerance
develops. If a person keeps seeking more drug effect, they change the route of drug
administration in order to enhance the high . Moving from pills, to smoking, to snorting, to
intravenous drug use is a common progression as addiction deepens. Nobody starts out wanting
to be an IV drug user; they progress to this as their brain functioning changes.
How do opioid use disorders affect the community?
For people struggling with addiction to heroin or prescription opioids, the next fix becomes an
all-consuming focus that is pursued with little regard to a person’s own health or safety or that
of their community. Many people lose their jobs and their homes, and may turn to crime to
support their habit. Family relationships and social networks break down. Health deteriorates;
heroin users are at a high risk of overdose, and of contracting infectious diseases like Hepatitis C
AGENDA ITEM #1. d)
10/14/15
and HIV from unsafe needle use. People lose weight, may develop abscesses, other infections or
other medical conditions associated with their addiction. To combat the high costs of health care
and law enforcement, the treatment we offer at ETS plays a central role in our community’s
public health response.
What does ETS do to ensure that neighboring businesses and communities are not negatively
affected by the treatment clinics?
ETS prioritizes being a good business neighbor as well as providing excellent clinical care. We
work closely with community leadership including law enforcement, emergency responders, and
elected and public health officials. With education, most communities come to understand how
ETS helps to curb unwanted behaviors that go along with opioid use disorders.
How long does it take for a person to be cured of an opioid use disorder?
Opioid use disorders are considered by the medical and scientific communities as a chronic,
relapsing medical disorder. Like other chronic illnesses such as diabetes and hypertension, many
patients require long-term medical treatment in order to keep their symptoms stabilized. At ETS,
we work with patients as long as necessary to manage their medical condition so they can
stabilize themselves and tackle the challenging work of recovery. Many patients are with us for
years but are able to reclaim their place as a productive member of society.
What about willpower? Can’t people just stop using?
Repeated use of opioids often leave incredibly powerful changes in brain functioning. Addiction
to opioids is understood as a brain disease that has very little to do with willpower.
Unfortunately, the relapse rates to heroin use is remarkably high for most people who try to quit
without the assistance of medication. It is not a condition that is quickly “cured” when people
decide they want to stop using their opioid of choice. Because of this, medication assisted
treatment is known to have the highest chance of success for people with opioid use disorders.
This form of treatment is supported by an overabundance of scientific data and is endorsed as
the treatment of choice by many scientific and policy communities across the country.
Aren’t you just substituting one drug for another?
Opioid use disorders are understood as a brain disease. Like many brain disorders, medication is
required to help the body stabilize and allow a person to function. Methadone and
buprenorphine work for these disorders because of the way they interact with the brain. When
prescribed appropriately, a person gets out of the highs (feeling the drug effect) and lows (in
withdrawal) that go along with their addiction. The medication works because it keeps
withdrawal symptoms at bay. It doesn’t get a person high – rather, it clears the brain so that a
person can re-engage in a healthy lifestyle.
AGENDA ITEM #1. d)
2/4/15
Who we are
Evergreen Treatment Services (ETS) provides medication assisted treatment for adults with opioid
use disorders in Western Washington and street-based case management services to the homeless in
Seattle. As a private, nonprofit organization, we have more than 40 years of experience providing
evidence-based, transformative treatment. We currently serve more than 2,000 patients for opioid use
disorders in three clinics and a mobile van and provide outreach services to more than 600 homeless
adults in Seattle.
Opioid Treatment Program
Through the careful use of FDA approved medications in our opioid treatment program, people with
opioid use disorders are able to regain physiological stability. They do not experience the highs and lows
that short-acting opioids like heroin and many prescription pain medications create. Rather, our
patients describe themselves as finally feeling normal (e.g. neither high nor in withdrawal) for the first
time in years. After patients regain this stability, they can start the hard work of a recovery lifestyle.
Patients can take better care of themselves, rebuild relationships with family, quit illegal activities, and
return to work.
Our interdisciplinary team of physicians, psychiatrists, physician assistants, nurses, nurse practitioners,
pharmacists, social workers, chemical dependency counselors, and acupuncturists provides the
continued care that patients need to rebuild their lives and succeed in their journey.
According to the scientific and policy communities, medication assisted treatment combined with
behavioral treatment is the most effective way to treat adults with opioid use disorders. This holistic
treatment includes:
• Assessment and treatment planning
• Methadone or buprenorphine
• Random drug screen urinalyses
• Physical examinations and dosage monitoring
• Individual and group behavioral counseling
• HIV and Hepatitis C education, testing, and counseling
• Acupuncture
The need is growing
We are in the midst of an epidemic of heroin and illicit use of other opioids in the state of Washington.
Police evidence involving heroin, overdoses, and the number of treatment admissions for opioid use
have all been on the increase over the past several years. Please see the current statistics provided by
the University of Washington Alcohol and Drug Abuse Institute:
http://adai.uw.edu/pubs/InfoBriefs/ADAI-IB-2013-02.pdf.
“Treatment has helped me to become the person I was before I started using drugs.”
-ETS patient
AGENDA ITEM #1. e)
2/4/15
To respond to this need, Evergreen Treatment Services has been expanding. Our Seattle and Olympia
sites have extended their hours to treat more people. We opened a clinic in Hoquiam in June 2014
because of the huge unmet need for treatment Grays Harbor County. These three sites will allow us to
serve 2,500 patients within the next calendar year. We have plans to open a clinic in Renton that will
provide access to treatment for low-income and publicly-funded adults in the south end of King County,
currently without access to care.
In addition to the treatment we provide for opioid addiction, most of
our patients have additional needs. We collaborate with mental health
and primary care providers so that our patients are better able to
address these important issues which typically impact their treatment
success. This positions ETS for the upcoming changes in funding that
will merge chemical dependency treatment with mental health and
primary care systems. It also positions us to remain a healthy nonprofit
organization that provides the highest quality clinical care to our
patients.
How you can help
• Share the facts. In King County, heroin use continues to increase in the 18-29 year ago group
and deaths from heroin doubled between 2009 and 2013. Overdoses from prescription-type
opiates also continue to climb at a rapid rate. Our treatment works, is cost-effective, and saves
money by cutting down crime rates and use of emergency services. Help overcome the myths
and fear about treatment by sharing the fact that treatment works.
• Spread the word about our good work. We need more people to understand the important
role ETS plays in helping our communities respond to an urgent public health crisis. Without our
services, crime rates and emergency services costs do increase. Here is one source of evidence
from data in Washington State: http://www.dshs.wa.gov/pdf/ms/rda/research/4/49/pdf.
• Attend an Open House. Take a tour of our facility and let us show you how treatment works
with ETS. Our monthly Open House tours at our Seattle location typically on a Thursday
between 4-5 PM. Can’t make that time? Please inquire about a tour at: info@evergreentx.org.
• Make a donation. We need your help to make ETS’ work possible and meet the expanding
needs of our communities. We welcome contributions large and small, and would be happy to
tell you more about why we are worthy of your support. EIN: 91-0903529.
Transformations
The highest praise we can receive is from a patient whose life has been
transformed through treatment. Please watch these brief video stories of
brave patients who turned their lives around and are on the road to
recovery: http://evergreentx.tumbler.com/Transformations.
“Evergreen Treatment
Services gave me my
life back.”
- Carol
“I thought I was going
to be a heroin addict
for the rest of my life.”
-Brandon
AGENDA ITEM #1. e)
HEROIN
Research Report Series
U.S. Department of Health and Human Services | National Institutes of Health
from the director:
Heroin is a highly addictive opioid drug,
and its use has repercussions that
extend far beyond the individual user. The
medical and social consequences of drug
use—such as hepatitis, HIV/AIDS, fetal
effects, crime, violence, and disruptions
in family, workplace, and educational
environments—have a devastating impact
on society and cost billions of dollars each
year.
Although heroin use in the general
population is rather low, the numbers
of people starting to use heroin have
been steadily rising since 2007.1 This may
be due in part to a shift from abuse of
prescription pain relievers to heroin as a
readily available, cheaper alternative2-5 and
the misperception that highly pure heroin
is safer than less pure forms because it
does not need to be injected.
Like many other chronic diseases,
addiction can be treated. Medications
are available to treat heroin addiction
while reducing drug cravings and
withdrawal symptoms, improving the
odds of achieving abstinence. There are
now a variety of medications that can
be tailored to a person’s recovery needs
while taking into account co-occurring
health conditions. Medication combined
with behavioral therapy is particularly
effective, offering hope to individuals who
suffer from addiction and for those around
them.
The National Institute on Drug Abuse
(NIDA) has developed this publication to
provide an overview of heroin use and
its consequences as well as treatment
options available for those struggling
with heroin addiction. We hope this
compilation of scientific information on
heroin will help to inform readers about
the harmful effects of heroin as well as
assist in prevention and treatment efforts.
Nora D. Volkow, M.D.
Director
National Institute on Drug Abuse
How is heroin linked
to prescription drug
abuse?
See page 3.
What is heroin and
how is it used?
Heroin is an illegal, highly addictive drug processed from morphine, a
naturally occurring substance extracted from the seed pod of certain varieties
of poppy plants. It is typically sold as a white or brownish powder that is
“cut” with sugars, starch, powdered milk, or quinine. Pure heroin is a white powder
with a bitter taste that predominantly originates in South America and, to a lesser
extent, from Southeast Asia, and dominates U.S. markets east of the Mississippi
River.3 Highly pure heroin can be snorted or smoked and may be more appealing to
new users because it eliminates the stigma associated with injection drug use. “Black
tar” heroin is sticky like roofing tar or hard like coal and is predominantly produced
in Mexico and sold in U.S. areas west of the Mississippi River.3 The dark color
associated with black tar heroin results from crude processing methods that leave
behind impurities. Impure heroin is usually dissolved, diluted, and injected into veins,
muscles, or under the skin.
AGENDA ITEM #1. f)
Research Report Series
What is the scope
of heroin use in the
United States?
According to the National Survey on Drug
Use and Health (NSDUH), in 2012 about
669,000 Americans reported using heroin
in the past year,1 a number that has been on
the rise since 2007. This trend appears to be
driven largely by young adults aged 18–25
among whom there have been the greatest
increases. The number of people using
heroin for the first time is unacceptably
high, with 156,000 people starting heroin
use in 2012, nearly double the number
of people in 2006 (90,000). In contrast,
heroin use has been declining among teens
aged 12–17. Past-year heroin use among
the Nation’s 8th-, 10th-, and 12th-graders
is at its lowest levels in the history of the
Monitoring the Future survey, at less than
1 percent of those surveyed in all 3 grades
from 2005 to 2013.6
It is no surprise that with heroin use
on the rise, more people are experiencing
negative health effects that occur from
repeated use. The number of people meeting
Diagnostic and Statistical Manual of
Mental Disorders, 4th edition (DSM-IV)
criteria for dependence or abuse of heroin
doubled from 214,000 in 2002 to 467,000
in 2012.1 The recently released DSM-V
no longer separates substance abuse from
dependence, but instead provides criteria
for opioid use disorders that range from
mild to severe, depending on the number
of symptoms a person has.7 Data on the
scope and severity of opioid use disorders
in the United States are not yet available
for these new criteria.
The impact of heroin use is felt all
across the United States, with heroin
being identified as the most or one of
the most important drug abuse issues
affecting several local regions from coast
to coast. The rising harm associated
with heroin use at the community level
was presented in a report produced by
the NIDA Community Epidemiology
Work Group (CEWG). The CEWG is
comprised of researchers from major
metropolitan areas in the United States
and selected foreign countries and
provides community-level surveillance of
drug abuse and its consequences to identify
emerging trends.3
Heroin use no longer predominates
solely in urban areas. Several suburban
and rural communities near Chicago
and St. Louis report increasing amounts
of heroin seized by officials as well as
increasing numbers of overdose deaths
due to heroin use. Heroin use is also on
the rise in many urban areas among young
adults aged 18-25.8 Individuals in this
age group seeking treatment for heroin
abuse increased from 11 percent of total
admissions in 2008 to 26 percent in the
first half of 2012.
What effects
does heroin have
on the body?
Heroin binds to and activates specific
receptors in the brain called mu-opioid
receptors (MORs). Our bodies contain
naturally occurring chemicals called
neurotransmitters that bind to these
receptors throughout the brain and body to
regulate pain, hormone release, and feelings
of well-being.9 When MORs are activated
in the reward center of the brain, they
stimulate the release of the neurotransmitter
dopamine, causing a sensation of pleasure.10
The consequences of activating opioid
receptors with externally administered
opioids such as heroin (versus naturally
occurring chemicals within our bodies)
depend on a variety of factors: how much
is used, where in the brain or body it binds,
how strongly it binds and for how long,
how quickly it gets there, and what happens
afterward.
The greatest
increase in heroin
use is seen in young
adults aged 18-25.
Source: National Survey on Drug Use and Health: Summary of National Findings, 2012.
2 NIDA Research Report Series
AGENDA ITEM #1. f)
How is heroin linked to prescription drug abuse?
Harmful health consequences
resulting from the abuse of opioid
medications that are prescribed
for the treatment of pain, such as
Oxycontin®, Vicodin®, and Demerol®,
have dramatically increased in recent
years. For example, unintentional
poisoning deaths from prescription
opioids quadrupled from 1999 to
2010 and now outnumber those
from heroin and cocaine combined.20
People often assume prescription
pain relievers are safer than illicit
drugs because they are medically
of young people who inject heroin
surveyed in three recent studies
reported abusing prescription
opioids before starting to use heroin.
Some individuals reported switching
to heroin because it is cheaper and
easier to obtain than prescription
opioids.2-4
prescribed; however, when these
drugs are taken for reasons or in
ways or amounts not intended
by a doctor, or taken by someone
other than the person for whom
they are prescribed, they can
result in severe adverse health
effects including addiction,
overdose, and death, especially
when combined with other
drugs or alcohol. Research now
suggests that abuse of these
medications may actually open
the door to heroin use. Nearly half
Opioids Act on
Many Places in
the Brain and
Nervous System
• Opioids can depress breathing
by changing neurochemical
activity in the brain stem,
where automatic body
functions such as breathing
and heart rate are controlled.
• Opioids can increase feelings
of pleasure by altering activity
in the limbic system, which
controls emotions.
• Opioids can block pain
messages transmitted through
the spinal cord from the body.
What are the immediate (short-
term) effects of heroin use?
Once heroin enters the brain, it is converted to morphine and binds rapidly to opioid
receptors.11 Abusers typically report feeling a surge of pleasurable sensation—a
“rush.” The intensity of the rush is a function of how much drug is taken and how
rapidly the drug enters the brain and binds to the opioid receptors. With heroin,
the rush is usually accompanied by a warm flushing of the skin, dry mouth, and a
heavy feeling in the extremities, which may be accompanied by nausea, vomiting,
and severe itching. After the initial effects, users usually will be drowsy for several
hours; mental function is clouded; heart function slows; and breathing is also
severely slowed, sometimes enough to be life-threatening. Slowed breathing can
also lead to coma and permanent brain damage.12
What are the long-term
effects of heroin use?
Repeated heroin use changes the physical structure13 and physiology of the brain,
creating long-term imbalances in neuronal and hormonal systems that are not easily
reversed.14,15 Studies have shown some deterioration of the brain’s white matter due
to heroin use, which may affect decision-making abilities, the ability to regulate
behavior, and responses to stressful situations.16-18 Heroin also produces profound
degrees of tolerance and physical dependence. Tolerance occurs when more and
more of the drug is required to achieve the same effects. With physical dependence,
the body adapts to the presence of the drug and withdrawal symptoms occur if use
is reduced abruptly. Withdrawal may occur within a few hours after the last time
the drug is taken. Symptoms of withdrawal include restlessness, muscle and bone
pain, insomnia, diarrhea, vomiting, cold flashes with goose bumps (“cold turkey”),
and leg movements. Major withdrawal symptoms peak between 24–48 hours after
the last dose of heroin and subside after about a week. However, some people have
shown persistent withdrawal signs for many months. Finally, repeated heroin use
often results in addiction—a chronic relapsing disease that goes beyond physical
dependence and is characterized by uncontrollable drug-seeking no matter the
consequences.19 Heroin is extremely addictive no matter how it is administered,
although routes of administration that allow it to reach the brain the fastest
(i.e., injection and smoking) increase the risk of addiction. Once a person
becomes addicted to heroin, seeking and using the drug becomes their primary
purpose in life.
NIDA Research Report Series 3
AGENDA ITEM #1. f)
What are the medical complications of chronic heroin use?
No matter how they ingest the drug, chronic heroin users experience a variety of medical complications including insomnia and constipation.
Lung complications (including various types of pneumonia and tuberculosis) may result from the poor health of the user as well as from
heroin’s effect of depressing respiration. Many experience mental disorders such as depression and antisocial personality disorder. Men often
experience sexual dysfunction and women’s menstrual cycles often become irregular. There are also specific consequences associated with
different routes of administration. For example, people who repeatedly snort heroin can damage the mucosal tissues in their noses as well as
perforate the nasal septum (the tissue that separates the nasal passages).
Medical consequences of chronic injection use include scarred and/or collapsed veins, bacterial infections of the blood vessels and heart
valves, abscesses (boils), and other soft-tissue infections. Many of the additives in street heroin may include substances that do not readily
dissolve and result in clogging the blood vessels that lead to the lungs, liver, kidneys, or brain. This can cause infection or even death of small
patches of cells in vital organs. Immune reactions to these or other contaminants can cause arthritis or other rheumatologic problems.
Sharing of injection equipment or fluids can lead to some of the most severe consequences of heroin abuse—infections with hepatitis B
and C, HIV, and a host of other blood-borne viruses, which drug abusers can then pass on to their sexual partners and children.
Short- and Long-Term Effects of Heroin Use
Short-Term Effects Long-Term Effects
• “Rush”
• Depressed respiration
• Clouded mental functioning
• Nausea and vomiting
• Suppression of pain
• Spontaneous abortion
• Addiction
• Infectious disease (e.g., HIV, hepatitis B and C)
• Collapsed veins
• Bacterial infections
• Abscesses
• Infection of heart lining and valves
• Arthritis and other rheumatologic problems
• Liver and kidney disease
Why does heroin use create special risk for
contracting HIV/AIDS and hepatitis B and C?
Heroin use increases the risk of being
exposed to HIV, viral hepatitis, and other
infectious agents through contact with
infected blood or body fluids (e.g., semen,
saliva) that results from the sharing of
syringes and injection paraphernalia that
have been used by infected individuals or
through unprotected sexual contact with an
infected person. Snorting or smoking does
not eliminate the risk of infectious disease
like hepatitis and HIV/AIDS because
people under the influence of drugs still
engage in risky sexual and other behaviors
that can expose them to these diseases.
Injection drug users (IDUs) are the
highest-risk group for acquiring hepatitis
C (HCV) infection and continue to drive
the escalating HCV epidemic: Each IDU
infected with HCV is likely to infect 20
other people.21 Of the 17,000 new HCV
infections occurring in the United States in
2010, over half (53 percent) were among
IDUs.22 Hepatitis B (HBV) infection in
IDUs was reported to be as high as 20
percent in the United States in 2010,23
which is particularly disheartening since
an effective vaccine that protects against
HBV infection is available. There is
currently no vaccine available to protect
against HCV infection.
Drug use, viral hepatitis and other
infectious diseases, mental illnesses,
social dysfunctions, and stigma are often
co-occuring conditions that affect one
another, creating more complex health
challenges that require comprehensive
treatment plans tailored to meet all of
a patient’s needs. For example, NIDA-
funded research has found that drug abuse
treatment along with HIV prevention and
community-based outreach programs
can help people who use drugs change
the behaviors that put them at risk for
contracting HIV and other infectious
diseases. They can reduce drug use and
drug-related risk behaviors such as needle
NIDA Research Report Series4
AGENDA ITEM #1. f)
sharing and unsafe sexual practices and,
in turn, reduce the risk of exposure to
HIV/AIDS and other infectious diseases.
Only through coordinated utilization
of effective antiviral therapies coupled
with treatment for drug abuse and mental
illness can the health of those suffering
from these conditions be restored.
How does heroin
use affect pregnant
women?
Heroin use during pregnancy can
result in neonatal abstinence syndrome
(NAS). NAS occurs when heroin
passes through the placenta to the fetus
during pregnancy, causing the baby
to become dependent along with the
mother. Symptoms include excessive
crying, fever, irritability, seizures, slow
weight gain, tremors, diarrhea, vomiting,
and possibly death. NAS requires
hospitalization and treatment with
medication (often morphine) to relieve
symptoms; the medication is gradually
tapered off until the baby adjusts to being
opioid-free. Methadone maintenance
combined with prenatal care and a
comprehensive drug treatment program
can improve many of the outcomes
associated with untreated heroin use for
both the infant and mother, although
infants exposed to methadone during
pregnancy typically require treatment for
NAS as well.
A recent NIDA-supported clinical
trial demonstrated that buprenorphine
treatment of opioid-dependent mothers
is safe for both the unborn child and the
mother. Once born, these infants require
less morphine and shorter hospital stays
as compared to infants born of mothers
on methadone maintenance treatment.24
Research also indicates that buprenorphine
combined with naloxone (compared to a
morphine taper) is equally safe for treating
babies born with NAS, further reducing
side effects experienced by infants born to
opioid-dependent mothers.25,26
What can be
done for a heroin
overdose?
Overdose is a dangerous and deadly
consequence of heroin use. A large
dose of heroin depresses heart rate and
breathing to such an extent that a user
cannot survive without medical help.
Naloxone (e.g., Narcan®) is an opioid
receptor antagonist medication that can
eliminate all signs of opioid intoxication
to reverse an opioid overdose. It works
by rapidly binding to opioid receptors,
preventing heroin from activating
them.27 Because of the huge increase
in overdose deaths from prescription
opioid abuse, there has been greater
demand for opioid overdose prevention
services. Naloxone that can be used
by nonmedical personnel has been
shown to be cost-effective and save
lives.28 In April 2014, the U.S. Food and
Drug Administration (FDA) approved
a naloxone hand-held auto-injector
called Evzio, which rapidly delivers a
single dose of naloxone into the muscle
or under the skin, buying time until
medical assistance can arrive. Since
Evzio can be used by family members
or caregivers, it greatly expands access
to naloxone.29 NIDA and the FDA
are working with drug manufacturers
to support the development of nasal
spray formulations of this live-saving
medication.
In addition, the Substance
Abuse and Mental Health Services
Administration (SAMHSA) released
an Opioid Overdose Prevention Toolkit
in August 2013 that provides helpful
information necessary to develop
policies and practices to prevent opioid-
related overdoses and deaths. The
kit provides material tailored for first
responders, treatment providers, and
individuals recovering from an opioid
overdose.
A NIDA-funded clinical trial found buprenorphine to be a safe and effective alternative to methadone for treating
opioid dependence during pregnancy. Buprenorphine was also found to be effective in reducing neonatal
abstinence syndrome in newborns born to opioid-dependent mothers.
NIDA Research Report Series 5
AGENDA ITEM #1. f)
What are the
treatments for
heroin addiction?
A variety of effective treatments are
available for heroin addiction, including
both behavioral and pharmacological
(medications). Both approaches help to
restore a degree of normalcy to brain
function and behavior, resulting in
increased employment rates and lower
risk of HIV and other diseases and
criminal behavior. Although behavioral
and pharmacologic treatments can be
extremely useful when utilized alone,
research shows that for some people,
integrating both types of treatments is
the most effective approach.
Pharmacological Treatment
(Medications)
Scientific research has established
that pharmacological treatment of
opioid addiction increases retention in
treatment programs and decreases drug
use, infectious disease transmission,
and criminal activity.
When people addicted to opioids
first quit, they undergo withdrawal
symptoms (pain, diarrhea, nausea,
and vomiting), which may be severe.
Medications can be helpful in this
detoxification stage to ease craving
and other physical symptoms, which
often prompt a person to relapse. While
not a treatment for addiction itself,
detoxification is a useful first step
when it is followed by some form of
evidence-based treatment.
Medications developed to treat
opioid addiction work through the same
opioid receptors as the addictive drug,
but are safer and less likely to produce
the harmful behaviors that characterize
addiction. Three types of medications
include: (1) agonists, which activate
opioid receptors; (2) partial agonists,
which also activate opioid receptors
but produce a smaller response; and (3)
antagonists, which block the receptor
and interfere with the rewarding effects
of opioids. A particular medication
is used based on a patient’s specific
medical needs and other factors.
Effective medications include:
• Methadone (Dolophine® or
Methadose®) is a slow-acting opioid
agonist. Methadone is taken orally
so that it reaches the brain slowly,
dampening the “high” that occurs
with other routes of administration
while preventing withdrawal
symptoms. Methadone has been
used since the 1960s to treat heroin
addiction and is still an excellent
treatment option, particularly for
patients who do not respond well
to other medications. Methadone
is only available through approved
outpatient treatment programs,
where it is dispensed to patients on a
daily basis.
• Buprenorphine (Subutex®)
is a partial opioid agonist.
Buprenorphine relieves drug
cravings without producing the
“high” or dangerous side effects
of other opioids. Suboxone® is a
novel formulation of buprenorphine
that is taken orally or sublingually
and contains naloxone (an opioid
antagonist) to prevent attempts to
get high by injecting the medication.
If an addicted patient were to inject
Suboxone, the naloxone would
induce withdrawal symptoms,
which are averted when taken
orally as prescribed. FDA approved
buprenorphine in 2002, making
it the first medication eligible
to be prescribed by certified
physicians through the Drug
Addiction Treatment Act. This
approval eliminates the need to visit
specialized treatment clinics, thereby
expanding access to treatment for
many who need it. In February 2013,
FDA approved two generic forms
of Suboxone, making this treatment
option more affordable.
• Naltrexone (Depade® or Revia®) is
an opioid antagonist. Naltrexone
blocks the action of opioids, is not
addictive or sedating, and does
not result in physical dependence;
however, patients often have trouble
complying with the treatment, and
this has limited its effectiveness. An
injectable long-acting formulation
of naltrexone (Vivitrol®) recently
received FDA approval for treating
opioid addiction. Administered once
a month, Vivitrol® may improve
compliance by eliminating the need
for daily dosing.
Behavioral Therapies
The many effective behavioral
treatments available for heroin
addiction can be delivered in outpatient
and residential settings. Approaches
such as contingency management and
cognitive-behavioral therapy have
been shown to effectively treat heroin
addiction, especially when applied in
concert with medications. Contingency
management uses a voucher-based
system in which patients earn “points”
based on negative drug tests, which
they can exchange for items that
encourage healthy living. Cognitive-
behavioral therapy is designed to help
modify the patient’s expectations and
behaviors related to drug use and to
increase skills in coping with various
life stressors. An important task is to
match the best treatment approach to
meet the particular needs of the patient.
NIDA Research Report Series6
AGENDA ITEM #1. f)
Glossary
Addiction: A chronic, relapsing disease, characterized
by compulsive drug seeking and use accompanied
by neurochemical and molecular changes in the
brain.
Agonist: A chemical compound that mimics the
action of a natural neurotransmitter and binds to the
same receptor on nerve cells to produce a biological
response.
Antagonist: A drug that binds to the same nerve cell
receptor as the natural neurotransmitter but does not
activate the receptor, instead blocking the effects of
another drug.
Buprenorphine: A partial opioid agonist for the
treatment of opioid addiction that relieves drug
cravings without producing the “high” or dangerous
side effects of other opioids.
Craving: A powerful, often uncontrollable desire for
drugs.
Detoxification: A process of allowing the body to
rid itself of a drug while managing the symptoms of
withdrawal; often the first step in a drug treatment
program.
Methadone: A long-acting opioid agonist medication
shown to be effective in treating heroin addiction.
Naloxone: An opioid receptor antagonist that rapidly
binds to opioid receptors, blocking heroin from
activating them. An appropriate dose of naloxone
acts in less than 2 minutes and completely eliminates
all signs of opioid intoxication to reverse an opioid
overdose.
Naltrexone: An opioid antagonist medication that
can only be used after a patient has completed
detoxification. Naltrexone is not addictive or
sedating and does not result in physical dependence;
however, poor patient compliance has limited its
effectiveness. A new, long-acting form of naltrexone
called Vivitrol® is now available that is injected once
per month, eliminating the need for daily dosing,
improving patient compliance.
Neonatal abstinence syndrome (NAS): NAS occurs
when heroin from the mother passes through
the placenta into the baby’s bloodstream during
pregnancy, allowing the baby to become addicted
along with the mother. NAS requires hospitalization
and treatment with medication (often a morphine
taper) to relieve symptoms until the baby adjusts to
becoming opioid-free.
Opioid: A natural or synthetic psychoactive chemical
that binds to opioid receptors in the brain and
body. Natural opioids include morphine and heroin
(derived from the opium poppy) as well as opioids
produced by the human body (e.g., endorphins);
semi-synthetic or synthetic opioids include
analgesics such as oxycodone, hydrocodone, and
fentanyl.
Opioid use disorder: A problematic pattern of opioid
drug use, leading to clinically significant impairment
or distress that includes cognitive, behavioral,
and physiological symptoms as defined by the
new Diagnostic and Statistical Manual of Mental
Disorders, 5th edition (DSM-V) criteria. Diagnosis
of an opioid use disorder can be mild, moderate,
or severe depending on the number of symptoms
a person experiences. Tolerance or withdrawal
symptoms that occur during medically supervised
treatment are specifically excluded from an opioid
use disorder diagnosis.
Partial agonist: A substance that binds to and
activates the same nerve cell receptor as a natural
neurotransmitter but produces a diminished
biological response.
Physical dependence: An adaptive physiological
state that occurs with regular drug use and results in
a withdrawal syndrome when drug use is stopped;
usually occurs with tolerance.
Rush: A surge of euphoric pleasure that rapidly
follows administration of a drug.
Tolerance: A condition in which higher doses of
a drug are required to produce the same effect
as during initial use; often leads to physical
dependence.
Withdrawal: A variety of symptoms that occur after
use of an addictive drug is reduced or stopped.
NIDA Research Report Series 7
AGENDA ITEM #1. f)
NIH Publication Number 15-0165
Published October 1997, Revised May 2005. Revised February 2014,
Revised April 2014. Revised November 2014.
Feel free to reprint this publication.
To learn more about heroin
and other drugs of abuse, visit
the NIDA Web site at www.
drugabuse.gov or contact
the DrugPubs Research
Dissemination Center at
877-NIDA-NIH (877-643-2644;
TTY/TDD: 240-645-0228).
Where can I get further information about heroin?
What’s on the NIDA Web Site
• Information on drugs of abuse
and related health consequences
• NIDA publications, news, and events
• Resources for health care professionals
• Funding information (including program
announcements and deadlines)
• International activities
• Links to related Web sites (access to
Web sites of many other organizations
in the field)
NIDA Web Sites
www.drugabuse.gov
www.teens.drugabuse.gov
www.drugabuse.gov/drugs-abuse/heroin
www.easyread.drugabuse.gov
www.drugabuse.gov/publications/principles-adolescent-
substance-use-disorder-treatment-research-based-guide
For Physician Information
www.drugabuse.gov/nidamed
Other Web Sites
Information on heroin and addiction is also
available through these other Web sites:
• Medication-Assisted Treatment
for Opioid Addiction
www.drugabuse.gov/publications/
topics-in-brief/medication-assisted-
treatment-opioid-addiction
• Prescription Drugs
www.drugabuse.gov/drugs-
abuse/prescription-drugs
• Medication-Assisted Treatment for Opioid
Addiction
www.samhsa.gov/samhsaNewsLetter/
Volume_17_Number_5/
TreatingOpioidAddiction.aspx
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2. Cicero, T.J.; Ellis, M.S.; and Surratt, H.L. Effect of
abuse-deterrent formulation of OxyContin. N Engl
J Med 367(2):187–189, 2012.
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2012. Bethesda, MD: National Institute on Drug
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4. Pollini, R.A.; Banta-Green, C.J.; Cuevas-Mota,
J.; Metzner, M.; Teshale, E.; and Garfein, R.S.
Problematic use of prescription-type opioids prior
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5. Lankenau, S.E.; Teti, M.; Silva, K.; Jackson Bloom,
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7. American Psychiatric Association. Substance-
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10. Johnson, S.W.; and North, R.A. Opioids excite
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11. Goldstein, A. Heroin addiction: neurobiology,
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ency/article/001435.htm. Updated: August 29, 2012.
Last accessed: October 30, 2014.
13. Wang, X.; Li, B.; Zhou, X.; Liao, Y.; Tang, J.; Liu, T.;
Hu, D.; and Hao, W. Changes in brain gray matter
in abstinent heroin addicts. Drug Alcohol Depend
126(3):304–308, 2012.
14. Ignar, D.M.; and Kuhn, C.M. Effects of specific
mu and kappa opiate tolerance and abstinence on
hypothalamo-pituitary-adrenal axis secretion in the
rat. J Pharmacol Exp Ther 255(3):1287–1295, 1990.
15. Kreek, M.J.; Ragunath, J.; Plevy, S.; Hamer, D.;
Schneider, B.; and Hartman, N. ACTH, cortisol and
beta-endorphin response to metyrapone testing
during chronic methadone maintenance treatment
in humans. Neuropeptides 5(1-3):277–278, 1984.
16. Li, W.; Li, Q.; Zhu, J.; Qin, Y.; Zheng, Y.; Chang, H.;
Zhang, D.; Wang, H.; Wang, L.; Wang, Y.; Wang,
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1531:58-64, 2013.
17. Qiu, Y.; Jiang, G.; Su, H.; Lv, X.; Zhang, X.; Tian, J.;
Zhou, F. Progressive white matter microstructure
damage in male chronic heroin dependent
individuals: a DTI and TBSS study. PLoS One
8(5):e63212, 2013.
18 Liu, J.; Qin, W.; Yuan, K.; Li, J.; Wang, W.; Li, Q.;
Wang, Y.; Sun, J.; von Deneen, K.M.; Liu, Y.; Tian,
J. Interaction between dysfunctional connectivity
at rest and heroin cues-induced brain responses in
male abstinent heroin-dependent individuals. PLoS
One 6(10):e23098, 2011.
19. Kreek, M.J.; Levran, O.; Reed, B.; Schlussman,
S.D.; Zhou, Y.; and Butelman, E.R. Opiate
addiction and cocaine addiction: underlying
molecular neurobiology and genetics. J Clin Invest
122(10):3387–3393, 2012.
20. Chen, L.H.; Hedegaard, H.; and Warner, M.
QuickStats: Number of Deaths from Poisoning,
Drug Poisoning, and Drug Poisoning Involving
Opioid Analgesics - United States, 1999–2010.
Morbidity and Mortality Weekly Report 234, 2013.
21. Magiorkinis, G.; Sypsa, V.; Magiorkinis, E.;
Paraskevis, D.; Katsoulidou, A.; Belshaw, R.; Fraser,
C.; Pybus, O.G.; and Hatzakis, A. Integrating
phylodynamics and epidemiology to estimate
transmission diversity in viral epidemics.PLoS
Comput Biol 9(1):e1002876, 2013.
22. Centers for Disease Control and Prevention. Viral
Hepatitis Surveillance - United States, 2010. Atlanta,
GA: Centers for Disease Control and Prevention,
2012.
23. Nelson, P.K.; Mathers, B.M.; Cowie, B.; Hagan, H.;
Des Jarlais, D.; Horyniak, D.; and Degenhardt, L.
Global epidemiology of hepatitis B and hepatitis C
in people who inject drugs: results of systematic
reviews. Lancet 378(9791):571–583, 2011.
24. Jones, H.E.; Kaltenbach, K.; Heil, S.H.; Stine, S.M.;
Coyle, M.G.; Arria, A.M.; O’Grady, K.E.; Selby, P.;
Martin, P.R.; and Fischer, G. Neonatal abstinence
syndrome after methadone or buprenorphine
exposure. N Engl J Med 363(24):2320–2331, 2010.
25. Kraft, W.K.; Dysart, K.; Greenspan, J.S.; Gibson,
E.; Kaltenbach, K.; and Ehrlich, M.E. Revised
dose schema of sublingual buprenorphine in
the treatment of the neonatal opioid abstinence
syndrome. Addiction 106(3):574–580, 2010.
26. Lund, I.O.; Fischer, G.; Welle-Strand, G.K.; O’Grady,
K.E.; Debelak, K.; Morrone, W.R.; Jones, H.E.
A comparison of buprenorphine + naloxone to
buprenorphine and methadone in the treatment of
opioid dependence during pregnancy: maternal and
neonatal outcomes. Subst Abuse 7:61–74, 2013.
27. Boyer, E.W. Management of opioid analgesic
overdose. N Engl J Med 367(2):146–155, 2012.
28. Coffin, P.O.; and Sullivan, S.D. Cost-effectiveness
of distributing naloxone to heroin users for lay
overdose reversal. Ann Intern Med 158(1):1–9,
2013.
29. U.S. Food and Drug Administration. FDA approves
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Newsroom/PressAnnouncements/ucm391465.htm.
References
NIDA Research Report Series8
AGENDA ITEM #1. f)
Patient Code of Conduct for ETS South King County Clinic
The ETS South King County clinic is going to be the nicest Opioid Treatment Program in the state. We
have been very lucky to join the tenant list in this medical building. Because of this, our patients will be
required to hold very high behavioral standards. Be sure to read through this and understand the rules.
Arriving at the clinic:
o ETS patients are allowed to enter the clinic only through dedicated entrances located on the
North side of the IDC building. No clinic access is available from the main lobby of the IDC
building.
o You must check in at the kiosk. Once in line for dosing, please remain in the line or risk
losing your place in line.
Dosing:
o Approach the dosing window once the person before you has left. Do not bring beverages
or other portable containers into the dispensing area. Family members, friends and other
guests must remain in the waiting area and cannot enter the dispensing area.
o After taking your medication dose, you must speak to the nurse prior to leaving the window
to assure that all medication has been swallowed. After dosing, please promptly leave the
premises.
On site behavior:
LOITERING:
o Patients may not loiter inside the building, hallways or parking lot. ETS patients may not
wander in the IDC building. For your convenience, public restrooms are located inside our
clinic. Please use these. Do not use the restroom(s) inside the IDC building.
o Absolutely no loitering is allowed in the wooded area directly north of the IDC building. This
area is patrolled by ETS Public Safety staff. The City of Renton Police Department will
conduct investigations of any reports of loitering in that area and any presence in that area
may be interpreted as suspicious.
o If you arrive and learn that you have a UA or dose hold, please wait in our waiting room. Do
not wait outside the clinic office. Patients observed loitering around any nearby businesses
before or after their visit to ETS will be subject to an incident report and subsequent
disciplinary action.
SMOKING:
o ETS and the IDC Medical Building have a zero tolerance policy toward the use of tobacco and
tobacco-related products, including (but not limited to) cigarettes, “smokeless” electronic
devices, and chewing tobacco. Use of such products on site, in the IDC parking lots, or in the
surrounding areas will result an in Incident Report.
Transportation to and from ETS SKC clinic:
o Patients with DSHS sponsored transportation (Hopelink) must leave with the first scheduled
ride. If a scheduled ride is missed due to a clinic appointment or UA, the patient can
reschedule a ride. Patients who miss their ride for any other reason will be given one
warning, all future missed rides will be documented as loitering and may result in an
administrative taper/discharge.
AGENDA ITEM #1. g)
ETS-SKC Hours:
o Dosing hours are from 5:30-11:00 AM. Patients and their cars are not allowed to be in the
IDC area, including parking lots and close to the building, before 5:15am. Patients on IDC
premises before 5:15 AM will be written up in an incident report for loitering.
o Patients must be checked in, physically present, and in line no later than 11 AM. Patients
who have not checked in prior to 11 AM will not be dosed. There is no grace period.
o Patients are not allowed on the IDC property after 11 AM unless they have an appointment
with ETS or other providers in the building. Patients who remain on premises after dosing
hours will be written up in an incident report.
Parking:
o Parking is allowed only in designated parking areas. Do not, under any circumstances, park
in the OB-GYN Parking spots directly adjacent to our entrance door, or the MD parking
spaces. Do park in the areas specified on the accompanying parking map.
o No amplified sound is allowed on IDC property. Music must not be heard from the outside
of the car. ETS public safety staff will strictly enforce parking/car noise policies in order to
maintain positive business relations with our ICD neighbors.
Readmission to SKC after Discharge:
o Patients tapered due to behavioral incidents will not be eligible for readmission to SKC.
Patients may be eligible for readmission at ETS-Seattle, ETS-South Sound Clinic or ETS-Grays
Harbor clinics. A readmission decision is subject to our “Readmission to treatment policy”.
o Patients who are immediately discharged will be notified by counselors over the phone or
when that patient comes for dosing the following day. Immediately discharged patients will
not be eligible to receive services from any of our clinics for up to 1 year. ETS reserves the
right to permanently deny services to returning patients.
Examples of behavioral incident reports which can result in a required treatment team appearance:
Demanding/disrespectful language
Appearing under influence of drugs/alcohol
Unreasonable disturbance (loud shouting, loud music)
Leaving pets or children unattended
Smoking or using other forms of nicotine based products
Any other behavior(s) which jeopardizes the safety of ETS staff, the IDC Medical Building staff or
patients, our community relations, business reputation and safety standards as specified by
staff.
Examples of behavioral incident reports which may result in an involuntary taper leading to discharge:
Loitering on IDC grounds including loitering in the wooded area north of the IDC building. Any
suspicious activities in that area may be reported to the City of Renton Police Department
Possession, use or distribution of drugs
Possession of open containers of alcohol-based products, or consumption of alcohol-based
products
“No trespass of IDC property” warrants issued by any law enforcement agency
Diversion of unsupervised methadone doses
Shoplifting from any business located in IDC building or near-by areas
Destruction of ETS property
Other behaviors as outlined in general Code of Conduct
AGENDA ITEM #1. g)
Examples of behavioral incident reports which may result in immediate discharge from treatment:
Threats of or actual physical violence against anyone at or near IDC property. “Anyone” includes
but is not limited to ETS staff, ETS patients, staff and patrons of other businesses in the IDC
Medical building
Theft. This includes theft from anyone (see above)
Possession, distribution or brandishing of weapons on IDC Medical Building grounds or
surrounding areas
Destruction of ETS, IDC Medical Building or any other tenant property
Reports of disruptive, threatening, intimidating behaviors inside or around IDC property
AGENDA ITEM #1. g)
The City of Renton’s Neighborhood Program
began with a vision to promote positive
communication between residents and
city government.
Grants Trainings Programs Engagement Liaison
1
Neighborhood Program
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OUTREACH
Surveys
Neighborhood
Leaders
Neighborhood
meetings
Stakeholders
2
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Here is what we heard:
•I’ve been on the board either as president or board member for the last
20 to 15 years. It’s been really hard to get new members involved.
•The same 3 people do everything
•It’s really hard to get people to participate in Neighborhood Meetings or
activities
•We would like more information and support when it comes to
registering with the state and filing with the IRS.
•We don’t have a dues system to help fund activities or supply cost
•We need a better way to communicate with our neighbors.
•We don’t have the ability to apply for grants because we don’t have a
bank account.
•We don’t have the funds to pay for liability insurance
3
Results
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•Would like to have a forum to communicate with other Neighborhood
leaders
•We really like the grant program but would like more grant cycles
•Would not be able to communicate to our neighborhood without the
Communication Grant
•Provide more trainings for Neighborhood leaders
•Trainings on how social media sites work (Nextdoor, Facebook)
•Would like more tools on how to reach renters in their communities
•How to work with Apartment Complex owners and managers
•Would like more collaboration between Neighborhoods and also
businesses and non-profits that might be in their Neighborhoods.
•More contact from city liaisons
•More engagement opportunities between neighborhood leaders
•Adopt A Road program or liter control for the neighborhoods
4
Results
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Top 3 benefits of being a "Recognized Neighborhood"
are
Receiving funds from the Matching Grant Program
Receiving press releases and emails from Neighborhood
Program staff
Attending Neighborhood Program sponsored events
Top 3 topics they want to know more about to help
address issues in their neighborhood
Code Compliance
Block Watch
Volunteer Programs
5
Survey Results
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6
Next Steps
Develop a 5 year work plan that will include
Evaluating and expanding the grant process
Offering more program opportunities
Offering more training opportunities
Offering more engagement opportunities A
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Review the grant process and guidelines
Offer more “Large Grant” cycles
Add neighborhood representatives to the grant
review team
Develop opportunities year-round
7
Grants
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Develop opportunities year-round
Kick-Off Picnic/Event Grant for new recognize
neighborhoods / communities
“Screen on the Green” Mini Grant (movie screening)
NEW Block Party Grants
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NEW Block Party Grant
•Funds for
–main dish
–parks / shelter use
–closing streets & barricades
–movie night
–insurance
•Interactive games
•Tables & Chairs
•Scheduling city representation (fire department,
police, elected officials, city departments)
9
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10
Programs
Large celebrations (designed
around community planning
areas)
Working with different
neighborhood leaders, business,
non-profits, apartment
complexes and City Departments
Could happen year round
Commit to three Community
Areas in 2016 (Kennydale,
Highlands, Benson)
Neighborhood Celebrations
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Programs
Neighborhood Area taskforce that would consist of
neighborhood leaders from each Recognized
Neighborhood and possibly Apartment Complexes
“Celebrate your Neighbor ”
“Walk with a Purpose” –litter control
Apartment Complexes / Renters program -
engagement and social events
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Trainings
Increased training opportunities for leaders and
community members
Toolkits on our website for Neighborhoods to use
to host own trainings
Neighbor to Neighbor Expo that would be of
interest to all of the community
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Engagement
Community engagement program on the city’s new
website to allow for dialog between neighborhood
leaders.
Designated web pages for Community
Areas/Neighborhoods to share their information
Online Citizen Request ie: quick easy way for
residents to inform the city of pothole, down trees,
out signals, and etc.
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15
Engagement
Community Areas/Neighborhoods Resource Page
on website to allow residents to go to one place to
find out information on other neighborhoods, non-
profits and business in their area.
Incorporate social media (Facebook, Next-door,
Instagram) in the Neighborhood Program.
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Liaisons
Evaluate the City Liaison program
Identify and implement strategies to help
increase engagement between city staff and
the Neighborhoods to answer questions
and be a resource
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Summary
17
•Offer the NEW ‘Block Party Grant’starting
in July
•Provide a Neighborhood Workshop in July
on the New Block Party Grant process
•Offer “Kick-off Picnic/Event” to new
Recognized Neighborhoods
•In the next 6 months develop a 5 year work
plan for the Neighborhood Program
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Questions ?
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King County Comprehensive Plan Update
Background
One of the primary difficulties the City has had with annexing areas from King County is the
inconsistencies with the County’s land development regulations and zoning compared to the City’s land
development regulations and zoning. For example, the County requires road standards with wide roads
and rolled curbs, allows for Transfer of Development Rights (TDR’s), and calculates density based on
gross density. The resulting built environment is very different than Renton’s vision for its
neighborhoods. In response to these challenges, Renton City Council adopted a resolution in 2012. That
resolution asked the County to engage the City in discussions regarding a potential interlocal agreement
to address the following:
1.In land use matters, allow the County Hearing Examiner to consider testimony from the City as
evidence in decision making.
2.Review and consider amendments to County Comprehensive Plan land use designations and
zoning for reasonable consistency with Renton Comprehensive Plan land use designations and
pre-zoning.
3.Evaluate transportation concurrency, levels of service, and high accident areas comprehensively;
to include areas within Renton City limits that abut or are adjacent to County boundaries.
4.In Renton’s Potential Annexation Areas (PAA’s), limit where TDR’s can be received to areas
planned for higher density (at least 10 dwelling units per acre).
Current Status
To date, the County has not taken steps to engage Renton in a potential interlocal agreement. In fact,
the current draft of the 2016 Executive Recommended update to the County Comprehensive Plan
includes several proposed amendments to the policies that are concerning. Two of those are below
with proposed deletions stricken and new text underscored.
U-126 King County, when evaluating rezone requests for increases in density, shall work with notify the
city whose PAA includes the property under review; if a pre-annexation agreement exist, King
County shall work with the city to ensure compatibility with the city’s pre-annexation zoning for
the area. King County shall also notify special purpose districts and local providers of urban
utility services and should work with these service providers on issues raised by the proposal.
U-208 King County shall consider initiating new subarea will engage in joint planning processes for the
urban unincorporated areas to assess the feasibility of in tandem with the annexing city upon a
commitment from the city to annex through an interlocal agreement. Such planning may
consider land use tools such as:
a.Traditional subarea plans or areawide rezoning;
b.Allowing additional commercial, industrial and high density residential development
through the application of new zoning’
c.Transfers of Development Rights that add units to new development projects; and
d.Application of collaborative and innovative approaches
King County will work through the Growth Management Planning Council to develop a plan to
move the remaining unincorporated potential annexation areas toward annexation.
Finally, the Update includes a proposed schedule for engaging in planning with the seven Community
Service Areas over the course of the next eight years. The “sequencing was determined by subarea plans
already underway, the ability to partner with other jurisdictions, anticipated land use changes within a
Community Service Area, and striving for a countywide geographic balance in alternating years”. For the
AGENDA ITEM #3. a)
Four Creeks/Tiger Mountain area which includes the East Renton Plateau area (where most annexations
to Renton have been occurring for the last several years) is not scheduled until 2020.
Concern
Collectively and separately, these proposed amendments run counter to King County Countywide
Planning (CPP) Policy DP-26 which states that the County will “Develop agreements between King County
and cities with Potential Annexation Areas to apply city-compatible development standards that will
guide land development prior to annexation”. The proposed amendments put conditions on the
requirement embodied in this CPP. Policy U-126, as proposed, states that the County will only work
with cities in regards to rezone requests if a pre-annexation agreement exists; zoning directly relates to
development standards. Further, proposed Policy U-208 states that the County will engage in joint
planning only if the city makes a commitment through an interlocal agreement to annex the area. With
the adoption of Renton’s PAA’s the City has made a strong commitment to annex the areas. Since 2012,
the City has sought to develop a strong working relationship with the County on matters of annexation
areas transitioning to City jurisdiction. The current Update to the King County Comprehensive Plan
works to diminish the City’s request and adds unnecessary and arbitrary requirements that are in
conflict with previously adopted CPP’s.
The Update to the King County Comprehensive Plan has been transmitted by the Executive to the
County Council and is anticipated to be adopted near the end of the year.
AGENDA ITEM #3. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 1 of 49 ‐Working Draft 6‐17‐2016
INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
I. PARTIES
The parties to this interlocal agreement for cooperation resulting from the formation
of the Renton Regional Fire Authority ("Agreement") are the City of Renton
(hereinafter the "City"), a Washington municipal corporation, and the Renton
Regional Fire Authority (hereinafter the "RRFA" or “RFA”), a Washington municipal
corporation formed in accordance with Chapter 52.26 of the Revised Code of
Washington ("RCW").
II. AUTHORITY
The City and the RRFA are public agencies as defined by Chapter 39.34 RCW, and are
authorized to enter into interlocal agreements on the basis of mutual advantage and
thereby to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic,
population, and other factors influencing the needs of local communities.
III. PURPOSE
The City has maintained a full service fire department for decades. On April 26, 2016,
voters within the jurisdictions of the City and King County Fire Protection District No.
25 ("District") voted to create the RRFA in order to provide fire protection,
emergency medical and life safety services, and approved the Renton Regional Fire
Authority Plan (“RFA Plan”) which sets forth the manner in which the services will be
provided by the RRFA. The RRFA came into existence and became effective on July 1,
2016. The RRFA consolidated the City Fire Department and the District into one
independent municipal corporation, with taxing authority, designed to provide fire
protection, emergency medical and life safety services within the geographical
boundaries of the City and the District.
It is the parties' desire that the City continues to perform certain internal support
services for a limited period of time for the RRFA such as the provisioning of payroll,
accounting, human resources, civil service, fleet operation and management,
information technology, and facilities maintenance as outlined in the RFA Plan and
more specifically described in the attached exhibits. It is the parties’ further desire
that the RRFA provide certain services to the City such as fire prevention, fire
investigation and emergency management support as outlined in the RFA Plan and
more specifically described in the attached exhibits.
This Agreement establishes the framework for transferring responsibilities from the
City to the RRFA and, the ongoing coordination between the City and the RRFA
pursuant to the RFA Plan. This Agreement also sets forth the manner in which the
services described above will be provided by both the City and the RRFA.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 2 of 49 ‐Working Draft 6‐17‐2016
IV. ADMINISTRATIVE COMMITTEE TO ADMINISTER AGREEMENT
To carry out the purposes of this Agreement, a two (2)‐person committee is hereby
created to administer this Agreement ("Committee"). The Committee shall consist of
the Chief Administrative Officer “CAO” of the City of Renton and the Fire Chief, or
their designees. The Committee shall meet no less than one (1) time per year to
discuss the performance of the obligations of the City and the RRFA pursuant to this
Agreement; provided that either member of the Committee may call additional
meetings as deemed appropriate. The Committee may develop policies and
procedures to aid in the implementation of this Agreement. Unless otherwise
specified in this Agreement, all decisions of the Committee must be unanimous. The
Committee may amend procedural and administrative aspects of the exhibits to this
Agreement without approval by the parties’ governing bodies, but only to the extent
such amendments are consistent with the RFA Plan and do not increase the cost of
either party to administer this Agreement or decrease the revenues received by
either party. In the event of a dispute of the Committee, such dispute shall be
handled in accordance with Subsection XIX(B) of this Agreement.
V. EXHIBITS INCORPORATED
Attached to this Agreement are a number of exhibits that detail the work to be
performed by the RRFA in coordination with the City, and the work to be performed
by the City for the benefit of the RRFA. There are also exhibits attached to this
Agreement that designate the manner of transferring documents and handling other
matters related to the transfer of fire services from the City to the RRFA. The
attached Exhibits 1 through 7 (the "Exhibits") are adopted and incorporated into this
Agreement by this reference.
VI. RRFA RESPONSIBLE FOR COMPLIANCE WITH LAWS AND REGULATIONS
It is recognized that with the passage of the RFA Plan by the voters of the City and the
District, a new municipal corporation was created as of July 1, 2016, with a purpose
separate from that of the City, and with officers, employees, and elected and
appointed officials separate from those of the City. It is recognized that as of July 1,
2016, the RRFA is a stand‐alone and independent legal entity completely separate in
all purposes from that of the City and King County Fire Protection District No. 25.
Except as otherwise provided for in this Agreement, the RRFA shall be solely legally
responsible for all conduct and services provided by the RRFA.
VII. DESIGNATION OF FIRE CHIEF, FIRE MARSHAL, AND FIRE CODE OFFICIAL
For the purposes of enforcement of federal, state, and City laws relating to the
provision of fire services, and for the purposes of complying with federal and state
grant programs or any other programs which relate to the provision of the services
formerly provided by the City of Renton Fire Department, the Chief Officer of the
RRFA (hereinafter "Fire Chief") shall be considered the City's Fire Chief, and City shall
designate the Fire Marshal assigned to the Community Risk Reduction Section shall
be considered the City's Fire Marshal and Fire Code Official.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 3 of 49 ‐Working Draft 6‐17‐2016
VIII. SERVICES PERFORMED BY THE RRFA FOR THE CITY
A. Services to be Provided. The RRFA will perform Community Risk Reduction
Services within the City boundaries as set forth and described in Exhibit 1 of this
Agreement.
B. Community and Special Events. The RRFA will cooperate with the City and will,
to the extent resources allows, participate in and provide resources for the City’s
Fourth of July events, Renton River Days, and other mutually agreed community
and special events that may include, but are not limited to, community picnics,
farmers markets, holiday parades and other similar events.
IX. SERVICES PERFORMED BY THE CITY FOR THE RRFA
The City agrees to perform the following services for the RRFA, as prescribed in more
detail in the following Exhibits to this Agreement:
Exhibit No./Title of Exhibit:
2. Information Technology Services;
3. Facilities/Landscaping Maintenance Services;
4. Fleet Management Services; and
5. HR and Financial Support Services.
X. EMPLOYEES
A. Employees of the RRFA Are Not Employees of the City. All RRFA employees who
provide any services called for in this Agreement shall be employees of the RRFA,
and not employees of the City. The RRFA shall, at all times, be solely responsible
for the compensation, management and conduct of RRFA employees that are
performing the services called for in this Agreement.
B. Employees of the City Are Not Employees of the RRFA. All City employees who
provide any services called for in this Agreement shall be employees of the City
and not employees of the RRFA. The City shall, at all times, be solely responsible
for the compensation, management and conduct of City employees that are
performing the services called for in this Agreement.
XI. RECORDS TRANSFER AND REQUESTS FOR RECORDS
The City and the RRFA anticipate the transfer of certain records as provided in Exhibit
6 from City custody to RRFA custody. Except as provided elsewhere in this
Agreement, Exhibit 6 shall govern the retention and disclosure of any records of one
party held by the other.
XII. ASSET TRANSFER
A. Real Property. The real property associated with City fire services will be
transferred or leased to the RRFA in accordance with Section 6 of the RFA Plan.
RRFA is responsible for the full operation, maintenance, upkeep, and capital
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 4 of 49 ‐Working Draft 6‐17‐2016
improvement to the leased facilities during the lease term as more particularly
set forth in the lease agreements.
B. Vehicles, Equipment and Other Personal Property. All vehicles, equipment, and
other personal property listed in Appendix E of the RFA Plan will be transferred
in accordance with Section 6 of the RFA Plan. In the event any Exhibit provides
for specific personal properties to be transferred, or not, such Exhibit shall
control.
Upon transfer of vehicles, equipment, and property that must by law be
registered, the RRFA shall take all necessary steps to transfer title to the RRFA
and register the vehicles, equipment and property in the name of the RRFA
within the time requirements of state law. All vehicles, equipment, and property
are being transferred "as‐is, where is, without warranties, express or implied,"
and the RRFA shall defend, indemnify, and hold the City harmless from any and
all injuries or damages to persons or property that may be occasioned in any
manner whatsoever by the vehicles and equipment, whether those damages or
injuries are suffered by agents, employees, officials, or assigns of the RRFA or by
third parties.
C. City of Renton Accounts and Funds. The City Funds and Accounts identified in
Section 6 of the RFA Plan will be transferred on the RRFA effective date.
D. Other Assets. It is anticipated that some assets relating to the provision of fire
services may not have transferred pursuant to the RFA Plan. Any assets not
contained within the RFA Plan shall be transferred only by a separately
negotiated written agreement between the City and the RRFA.
E. Office Space. Through December 31, 2018, at no charge to the RRFA, the City
will provide the RRFA with the same or equivalent office space that was
previously used by the Fire & Emergency Services Department in the Renton City
Hall. Prior to the expiration of such period, the parties agree to collaborate in the
public interest to address their common interests and future needs for office
space. The parties should consider the benefits of co‐locating interdependent
and complimentary services.
XIII. WAIVER OF FIRE BENEFIT AND SERVICE CHARGES
As partial consideration for the assets transferred, leased properties, services, and
other consideration provided by the City pursuant to this Agreement, all personal
property and improvements to real property owned by the City shall be permanently
exempt from any fire benefit charge or service charge that could otherwise be
imposed by the RRFA pursuant to the RFA Plan, Chapter 52.26 RCW, or RCW
52.30.020, as they may be amended or recodified in the future.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 5 of 49 ‐Working Draft 6‐17‐2016
XIV. SERVICE AND IMPACT FEE AND PAYMENT
A. Fire Impact Fees Paid to RRFA. The City shall continue to charge the Fire Impact
Fees listed in Subsection XII (6)(d) of the 2015‐2016 City of Renton Fee Schedule.
The RRFA agrees to initially adopt the applicable portions of the City’s Capital
Facilities Plan and take any other necessary steps to support continued collection
of such fees. Beginning in 2017, by no later than September 1 of each year, the
RRFA may submit to the City proposed updates to the Fire Impact Fees, together
with an updated Fire Capital Facilities Plan. Updates to the Fire Impact Fees are
subject to City Council approval, which will not be unreasonably withheld. The
parties agree to enter into a separate ILA that is consistent with the existing City
of Renton and Renton School District Impact Fee ILA for more specific
responsibilities and requirements regarding Impact Fees. Pursuant to the RFA
Plan, the City will retain collected Fire Impact Fees necessary to cover the debt
service requirement for a promissory note between Fire District 40 and the City
for the transfer of Fire Station 13 (the “Debt”). Fire Impact Fees collected in
excess of such debt service shall be remitted to the RRFA and spent in
accordance with all applicable laws. To the degree Fire Impact Fees are collected
by the City through its billing, permit or license systems, the City will remit to the
RRFA in a timely manner all funds collected in excess of the Debt. Subject to the
terms of any subsequent Fire Impact Fee ILA entered into by the City and the
RRFA, the RRFA accepts full responsibility for ensuring the remitted Fire Impact
Fees are lawfully charged and agrees to indemnify, defend and hold the City
harmless from all claims or actions arising out of the collection and remittance of
Fire Impact Fees pursuant to this subsection.
B. Time for Payment. Fees for the services provided by the City to the RRFA are set
forth in Exhibits 2 through 5 of this Agreement. Payment shall be calculated
either on a pre‐established, per‐year cost of service basis, on an hourly basis, or,
in the case of units provided, on a cost per‐unit basis. Unless as otherwise
provided in Exhibits 2 through 5, payments shall be made as follows:
1. Payments Dependent on Pre‐Established Per‐Year Cost. In the case of any
costs of services that are established on a per‐year basis, such costs shall be
divided into twelve (12) equal payments paid on the 15th day of each month;
provided, for the remainder of the year 2016, such costs shall be divided into
six (6) equal payments, payable on the 15th day of each month.
2. Payments Dependent on Time and/or Material. In the case of payments
which are based upon the number of hours worked and/or units of material
used, the party providing the service shall, by the last day of each month,
submit an invoice for the time and materials incurred in the previous month.
For example, an invoice submitted by August 31st would cover the time and
material incurred during the month of July. Payment of the invoiced amount
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 6 of 49 ‐Working Draft 6‐17‐2016
shall be due no later than thirty (30) calendar days from the date of the
invoice.
C. Failure to Submit Invoice. The failure of one party to submit an invoice for
services to the other party within the timeframes provided in this Agreement
shall not result in a waiver of the requirement of the other party to pay for those
services.
D. Disputed Amounts. In the event that there is a dispute regarding the amount of
money owed by a party, any undisputed amounts shall remain due and payable
in accordance with the payment dates and terms established in Subsection XIV(C)
above. As to any remaining disputed amount, the Committee shall make every
effort to resolve that dispute. In the event that the Committee is unable to
resolve the dispute, the only means of resolving that dispute will be by the
dispute resolution process provided in Subsection XX(B).
E. Reconciliation of Amount Due After Termination. Within ninety (90) calendar
days of the effective date of this Agreement's termination, the parties shall
submit to each other a final invoice consistent with the methods of invoicing
required above. Final payment and settlement of accounts shall occur within
ninety (90) calendar days of the effective date of termination of the Agreement.
Any disputed amounts will be resolved in accordance with the procedures in
Subsection XIV(D) above.
XV. DURATION OF AGREEMENT
This Agreement shall become effective on July 1, 2016. Should this Agreement be
ratified by the governing bodies of the City and the RRFA after July 1, 2016, this
Agreement shall be effective retroactively as of July 1, 2016, and all acts consistent
with this Agreement shall be deemed ratified by the City and the RRFA. This
Agreement shall remain in full force and effect until terminated as provided for in
Section XVI.
XVI. TERMINATION
A. Restriction on Termination. Except as specifically provided in this Agreement or
the Exhibits or mutually agreed to by the parties, this Agreement shall not be
terminated. Services identified in Exhibits 2 through 5 may be terminated at the
end of the agreed term, by mutual agreement, or by notice pursuant to
Subsection B of this Section.
B. Termination of Exhibits 2‐5 by Notice. The services identified in Exhibits 2
through 5 of this Agreement may be terminated by either party upon providing
the other party with three hundred and sixty‐five (365) days' advance written
notice of termination. A termination pursuant to this subsection will terminate
all services provided by one or more of Exhibits 2‐5, as specified in the notice of
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 7 of 49 ‐Working Draft 6‐17‐2016
termination. Partial termination of services within an exhibit may only be
accomplished by mutual agreement and negotiated payment terms.
C. Termination of Exhibits 1, 6 or 7. Except as provided herein, Exhibits 1, 6, and 7
are intended to continue indefinitely. The parties may mutually agree to amend
or terminate Exhibits 1, 6, and/or 7 at any time. Without mutual agreement,
Exhibits 1, 6 or 7 shall not be terminated prior to December 31, 2021. If either
party desires to amend or terminate Exhibit 1, 6, or 7 and the other party does
not agree, the parties shall engage in the following process: Any party desiring
to modify or terminate Exhibits 1, 6 or 7 shall provide notice to the Committee of
the proposed modifications or reason for termination. The Committee shall
attempt to negotiate a resolution. If the Committee cannot reach a negotiated
resolution, either party may initiate mediation proceedings to be facilitated by a
neutral mediator agreed to by the parties. In the absence of an agreed
mediator, a mediator shall be appointed pursuant to mediation procedures
adopted by the American Arbitration Association. The parties will each pay their
own costs of mediation and half the amount charged by the mediator. If a
negotiated resolution is not reached within thirty (30) days of the first mediation
session, either party may provide written notice of its intent to terminate
continued application of the Exhibit(s) in dispute. Such notice shall be delivered
to the other party no less than three hundred and sixty‐five (365) days prior to
the effective date of the termination. No unilateral termination of Exhibits 1, 6,
or 7 may be effective prior to December 31, 2021, and the RRFA may not
unilaterally terminate Exhibit 1 prior to amending the RFA Plan to account for
such change. All other disputes that cannot be resolved by negotiated
agreement shall be handled in accordance with Subsection XIX(B) of this
Agreement.
D. Renegotiation of Exhibit 1. In the event the RRFA fails to obtain voter approval
of the continuation of the fire benefit charge, the parties agree to collaborate in
the public interest to renegotiate the funding and level of service terms of
Exhibit 1.
E. Termination for Breach. Either party may terminate Exhibits 1 through 7 of this
Agreement with thirty (30) days' advance written notice upon the failure of the
other party to make timely payments or provide services as required by this
Agreement. Failure to make timely payments or to provide the services required
in this Agreement shall constitute a breach. In the event of a breach, the non‐
breaching party shall provide a written notice describing the breach to the
breaching party, and the breaching party will have thirty (30) calendar days to
cure the breach, unless that time period is extended by mutual agreement of the
parties. If the breaching party fails to cure the breach in the allotted time, the
non‐breaching party may immediately terminate this Agreement.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 8 of 49 ‐Working Draft 6‐17‐2016
F. City Reacquisition of Fire Protection Authority. Unless the parties otherwise
agree, in the event the City reacquires authority over fire protection services
within the City pursuant to RCW 52.26.110, as that section may be amended or
recodified, or the RRFA is otherwise dissolved, all assets of the RRFA that serve
the City shall be transferred at no cost to the City and all assets that serve King
County Fire Protection District No. 25 shall either be transferred at no cost to
District 25 or the City shall contract to provide services to King County Fire
Protection District No. 25. This subsection shall survive termination of this
Agreement.
XVII. INDEMNIFICATION AND HOLD HARMLESS
Each party agrees to defend, indemnify, and hold harmless the other party and each
of its employees, officials, agents, and volunteers from any and all losses, claims,
liabilities, lawsuits, or legal judgments arising out of its breach of this Agreement or
any negligent or willfully tortious actions or inactions by the performing party or any
of its employees, officials, agents, or volunteers, while acting within the scope of the
duties required by this Agreement. This provision shall survive the expiration of this
Agreement. This provision shall also survive and remain in effect in the event that a
court or other entity with jurisdiction determines that this Agreement or any portion
thereof is not enforceable.
It is further specifically and expressly understood that the indemnification provided
herein constitutes each party's waiver of immunity under industrial insurance, Title
51 RCW, solely to carry out the purposes of this indemnification clause. The parties
further acknowledge that they have mutually negotiated this waiver.
XVIII. LIABILITY INSURANCE.
Effective no later than July 1, 2016, each party shall carry and maintain insurance
coverage as described below. Coverages shall be written with an insurance carrier
admitted in the State of Washington.
General, Automobile, and Director & Officer Liability
Insurance: Coverage for damages caused resulting in
personal injury, property damage or advertising liability
shall be provided. Coverage shall be in an amount not less
than five million dollars ($5,000,000) per Occurrence.
The insurance policies of each party shall name the other party and its officials,
officers, employees, and volunteers, who are acting within the scope of this
Agreement as additional insureds for any and all actions taken by each party, its
officials, officers, employees, and volunteers in the scope of their duties pursuant to
this Agreement.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 9 of 49 ‐Working Draft 6‐17‐2016
XIX. MISCELLANEOUS
A. Non‐Waiver of Breach. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained in this
Agreement, or to exercise any option conferred by this Agreement in one or
more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements, or options, and the same shall be and remain in full force
and effect.
B. Resolution of Disputes and Governing Law.
1. If the parties are unable to resolve a dispute regarding this Agreement
through negotiation, any party may demand mediation through a process to
be mutually agreed to in good faith between the parties within thirty (30)
days of a party notifying the other party in writing that a dispute exists
“Dispute Notice.” The participating parties shall share equally the costs of
mediation and each participating party shall be responsible for its own costs
in preparation and participation in the mediation, including expert witness
fees and reasonable attorney’s fees.
2. If a mediation process cannot be agreed upon or if the mediation fails to
resolve the dispute then, no sooner than thirty (30) calendar days after the
Dispute Notice, any party may submit the dispute to binding arbitration
according to the procedures of the Superior Court Rules for Mandatory
Arbitration, including the Local Mandatory Arbitration Rules of the King
County Superior Court, King County, Washington, as amended, unless the
parties agree in writing to an alternative dispute resolution process. The
arbitration shall be before a disinterested arbitrator selected pursuant to the
Mandatory Arbitration Rules with all participating parties sharing equally in
the cost of the arbitrator. The location of the arbitration shall be mutually
agreed or established by the assigned arbitrator, and the laws of Washington
will govern its proceedings. Each participating party shall be responsible for
its own costs in preparing for and participating in the arbitration, including
expert witness fees and reasonable attorney’s fees.
3. Following the arbitrator’s issuance of a ruling/award, either party shall have
thirty (30) calendar days from the date of the ruling/award to file and serve a
demand for a bench trial de novo in the King County Superior Court. The
court shall determine all questions of law and fact without empaneling a jury
for any purpose. If the party demanding the trial de novo does not improve
its position from the arbitrator’s ruling/award following a final judgment, that
party shall pay all costs, expenses and attorney fees to the other party,
including all costs, attorney fees and expenses associated with any appeals.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 10 of 49 ‐Working Draft 6‐17‐2016
4. Unless otherwise agreed in writing, this dispute resolution process shall be
the sole, exclusive and final remedy to or for either party for any dispute
regarding this Agreement, and its interpretation, application or breach,
regardless of whether the dispute is based in contract, tort, any violation of
federal law, state statute or local ordinance or for any breach of
administrative rule or regulation and regardless of the amount or type of
relief demanded.
C. Assignment. Any assignment of this Agreement by either party without the prior
written consent of the non‐assigning party shall be void. If the non‐assigning
party gives its consent to any assignment, the terms of this Agreement shall
continue in full force and effect and no further assignment shall be made without
additional written consent.
D. Modification. No waiver, alteration, or modification of any of the provisions of
this Agreement shall be binding unless in writing and signed by a duly authorized
representative of each party and subject to ratification by the legislative body of
each party.
E. Compliance with Laws. Each party agrees to comply with all local, federal, and
state laws, rules, and regulations that are now effective or in the future become
applicable to this Agreement.
F. Entire Agreement. The written terms and provisions of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior communications,
negotiations, representations or agreements, either verbal or written of any
officer or other representative of each party, and such statements shall not be
effective or be construed as entering into or forming a part of or altering in any
manner this Agreement. All of the Exhibits are hereby made part of this
Agreement.
G. Severability. If any section of this Agreement is adjudicated to be invalid, such
action shall not affect the validity of any section not so adjudicated.
H. Interpretation. The legal presumption that an ambiguous term of this Agreement
should be interpreted against the party who prepared the Agreement shall not
apply.
I. Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of the Agreement, unless notified
to the contrary. Any written notice hereunder shall become effective upon
personal service or three (3) business days after the date of mailing by registered
or certified mail, and shall be deemed sufficiently given if sent to the addressee
at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 11 of 49 ‐Working Draft 6‐17‐2016
J. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together
constitute this one Agreement.
K. Calendar Days. The word "days" as used in this Agreement shall mean calendar
days unless the context otherwise specifically provides that business days are
intended.
L. Property Ownership. Except as specifically addressed in the Agreement or the
Exhibits:
1. This Agreement does not provide for jointly owned property;
2. All property presently owned or hereafter acquired by the RRFA to enable it
to perform the services required under this agreement, shall remain the
property of the RRFA in the event of the termination of this agreement
except as provided in Subsection XVI(F); and
3. All property presently owned or hereafter acquired by the City to enable it to
perform the services required under this Agreement, shall remain the
property of the City in the event of the termination of this Agreement.
M. Benefits. This agreement is entered into for the benefit of the parties to this
agreement only and shall confer no benefits, direct or implied, on any third
persons.
[The remainder of this page is blank; signatures follow below.]
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 12 of 49 ‐Working Draft 6‐17‐2016
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
RRFA:
Renton Regional Fire Authority:
_________________________
By: Mark Peterson
Its: Fire Chief
Dated: ____________________
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ____________, 2016, before me personally appeared Mark Peterson, to
me known to be the Fire Chief of RENTON REGIONAL FIRE AUTHORITY, a Washington municipal
corporation, that executed and acknowledged said instrument to be the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute said instrument.
DATED ____________________________, 2016.
(Signature)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington,
residing at
My appointment expires:
NOTICES TO BE SENT TO RRFA:
Fire Chief
Renton Regional Fire Authority
1055 South Grady Way
Renton, WA 98057
APPROVED AS TO FORM:
_____________________
Attorney for RRFA
AGENDA ITEM #4. a)
INTERLOCAL AGREEMENT FOR COOPERATION
CITY OF RENTON AND RENTON REGIONAL FIRE AUTHORITY
Page 13 of 49 ‐Working Draft 6‐17‐2016
CITY:
City of Renton:
_________________________
By: Denis Law
Its: Mayor
Dated: ____________________
ATTEST:
__________________________
Jason A. Seth, City Clerk
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ____________, 2016, before me personally appeared Denis Law to me
known to be the Mayor of CITY OF RENTON, a Washington municipal corporation, that executed and
acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument.
DATED ____________________________, 2016.
(Signature)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington,
residing at
My appointment expires:
NOTICES TO BE SENT TO CITY:
Chief Administrative Officer
City of Renton
1055 South Grady Way
Renton, WA 98057
APPROVED AS TO FORM:
_____________________
City Attorney
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 14 of 49
EXHIBIT 1
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
COMMUNITY RISK REDUCTION SERVICES
1. Community Risk Reduction Services. Prior to the establishment of the RRFA, the
City’s Fire and Emergency Services Department provided Community Risk Reduction
Services through its Community Risk Reduction Section. Community Risk Reduction
Services include, but are not limited to, administration and enforcement of applicable
fire code and prevention regulations (“Code or Codes”), including RMC 4‐5‐070 as
that section may be amended or recodified by the City. The RRFA will continue to
provide these Community Risk Reduction Services for the City within the City’s
boundaries, as those boundaries may be adjusted in the future. As further described
within this Exhibit 1,1 Community Risk Reduction Services are comprised of
Community Risk Reduction Administration Services, Fire Prevention Code
Enforcement Services, Fire Prevention Development Services, and Fire Investigation
Services (collectively, the “Services”).
2. Fire Service Fees Paid to RRFA. The City shall continue to charge the Fire
Department Community Risk Reduction Fees listed in Subsection XII(4) of the 2015‐
2016 City of Renton Fee Schedule. By no later than September 1 of each year, the
RRFA may submit to the City proposed updates to the fee schedule. Updates to the
fee schedule are subject to City Council approval, which will not be unreasonably
withheld. In the event the City Council does not approve the fee schedule proposed
by the RRFA, the RRFA may, using the process identified in Section XVI(C) of the
Agreement, request discussion of the financial impacts to the RRFA of not having its
proposed fee schedule approved. All Fire Department Community Risk Reduction
fees, as such fees may be renamed, shall be paid to the RRFA as compensation for
the RRFA providing the City the services described in Exhibit 1. To the degree these
fees and any associated late fees are collected by the City through its billing, permit
or license systems, the City will remit the funds collected to RRFA in a timely
manner. The parties agree these fees, along with any other consideration provided
by this Agreement, constitute full, fair, and complete compensation for the RRFA’s
performance of the Services described in Exhibit 1.
3. Community Risk Reduction Administration Services. The RRFA shall provide the
following Community Risk Reduction Administration Services:
1 The description of Community Risk Reduction Services in this Exhibit 1 is intended to provide an overview of
the Services that were previously provided by the City’s Fire and Emergency Services Department. With the
exception of emergency management services, the Services should be construed broadly so that the RRFA will
continue seamlessly providing all services previously provided by the City’s Fire and Emergency Services
Department.
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 15 of 49
a. Direct the management and supervision of personnel performing the Services.
b. Administer community risk reduction programs and activities to include Code
inspections, plan review for Code compliance, Code enforcement, addressing, fire
investigations, and public education.
c. Interpret Codes as necessary to perform the Services. In the event of ambiguity
or conflict in the Code, the RRFA will consult with the City.
d. Approve materials, equipment, and devices used in construction, and the
methods of construction to the extent that approval is required by the Code.
e. Coordinate the collection of fees with the City.
f. Maintain records in accordance with state approved retention schedules, route
development applications and plans, and fulfill public record requests consistent
with Exhibit 6.
g. Coordinate with the City to process development plans and Code related permit
application packages in a timely manner consistent with City established
customer service goals and applicable laws.
h. Coordinate with the City to issue Code related permits in a timely manner
consistent with City established customer service goals and applicable laws.
i. Process Code complaints or inquiries from the public to include data entry, file
creation, and routing of information.
j. Schedule and conduct Code inspections for developers or contractors.
k. Recommend and prepare updates to the Code for consideration by the City,
including but not limited to state mandated updates to the International Fire
Code.
l. Review and sign voluntary correction agreements.
m. Participate on the City's Environmental Review Committee (ERC). The RRFA shall
be represented by its Fire Chief or designee.
n. Perform all other administrative tasks necessary to support Community Risk
Reduction Services for the City, including all administrative tasks designated by
the Code as the responsibility of the Fire Chief, Fire Marshall, and/or Fire Code
Official.
o. Participate in the City’s Special Events Committee.
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 16 of 49
4. Fire Prevention Code Enforcement Services. The RRFA shall provide the following Fire
Prevention Code Enforcement Services in Renton city boundaries:
a. Perform all inspections required or authorized by the Code, including the
inspection of new or relocated businesses for Code compliance and permit
issuance.
b. Investigate and resolve Code violation complaints or inquiries.
c. Perform all Code enforcement duties of the Fire Marshall, Fire Code Official,
and/or Fire Chief as provided in the Code. Provided, however, the City shall be
responsible for providing prosecution services and legal counsel necessary to
prosecute any civil or criminal code enforcement issues when enforcement
requires judicial action (including hearing examiner proceedings). Once
enforcement is turned over to the City for judicial action, the City retains
independent prosecutorial discretion as to how or whether to proceed with
enforcement action. The City will also maintain responsibility for any Code
enforcement activities that require the presence or involvement of commissioned
law enforcement officers. The RRFA staff who inspected the property and found it
to be in violation shall appear before any court, hearing examiner, board,
committee, or other body empowered to enforce the provisions of the IFC in
order to assist Renton with enforcing the IFC at the sole cost of the RRFA. If the
parties mutually agree, the City may provide employees of the RRFA with a
limited law enforcement commission to enforce portions of the Code that require
such commission (e.g. issuance of infractions for fire lane parking or fireworks
enforcement). The parties acknowledge that the RRFA, by statute, has no duty
to enforce any provisions of the code or to enforce ordinances of the City except
under the terms of this Interlocal Agreement and the RFA Plan. Any duty the
RRFA does have to enforce the Code is not intended to benefit any specific
members of the general public. The City agrees that all court costs and other
legal costs incurred in the judicial enforcement of the Code within the City limits
shall be paid by the City and shall not be considered an operating expense of the
RRFA.
d. Coordinate with the City when enforcement efforts are contested and when the
City is undertaking related non‐fire code enforcement efforts.
e. Perform special inspections required by outside agencies such as Department of
Defense, Department of Early Learning, Department of Social and Health Services,
and private insurance companies.
f. Coordinate with the City on post‐disaster building and system inspections and/or
evaluations.
g. Approve and review fire safety, emergency evacuation, lockdown, shelter‐in‐
place, and hazardous materials management plans.
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 17 of 49
h. Attend and provide testimony and exhibits at Code enforcement hearings before
the City's Hearing Examiner, and upon appeal, if any, to court.
i. Perform all other tasks related to providing the above Fire Prevention Code
Enforcement Services.
5. Fire Prevention Development Services. The RRFA shall provide the following Fire
Prevention Development Services in Renton city boundaries:
a. Manage the Knox/Supra lock box program.
b. Coordinate with the City to provide timely development review program services,
including answering project inquiries, attending meetings, reviewing plans for
Code compliance, and approving plans when in compliance with the Code.
c. Provide development inspection program services to include pre‐construction
meetings, inspections, troubleshooting fire protection systems, final acceptance
tests, field review of basic permits, coordination with the Building Services
Division for the issuance of Certificates of Occupancy.
d. Assist and advise the City in its economic development activities to include
research of properties, systems and code requirements for potential projects and
existing buildings.
e. Approve hydrant placement on public and private projects.
f. Provide false alarm reduction program activities, which should include follow up
with owners of faulty alarm systems, coordination with property owner/agent in
its efforts to troubleshoot and repair faulty alarm systems, and quality assurance
of incident reports from false alarms.
g. Provide fire protection system confidence test program activities to include
evaluation of confidence tests provided by third parties, issuance of correction
notices and/or notices of violation, and drafting of voluntary correction
agreements and field inspections.
h. Perform all other tasks related to providing the above Fire Prevention
Development Services and any related tasks arising from application of the Code.
6. Timeline of Work Provided. All services provided pursuant to this Exhibit shall be
performed in a professional and competent manner pursuant to and within the
timelines required of the Codes, City policies and procedures, including applicable
customer service standards, and any state or federal laws applicable to the
performance of that work.
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 18 of 49
7. Level of Service. The consideration provided for the services identified in this
Agreement are intended to maintain existing levels of service. The existing levels of
service include initial development review completed according the schedules
generally described as follows:
a. Land Use:
Green Folder 1st Review completed within two (2) weeks
Pre‐Application 1st Review completed within two (2) weeks
SEPA 1st Review completed within two (2) weeks
b. Construction Permits*:
Single Family 1st Review within two (2) weeks
Commercial TI 1st Review within two (2) weeks
Commercial 1st Review within four (4) weeks
*It is recognized by both parties that there are exceptions that arise that impact
turnaround times that shall be taken into consideration in determining compliance
with this section of the agreement.
8. In the event the City, for any reason, determines that it is in the interest of the City to
increase the defined Level of Service, the City shall be responsible for the additional
costs incurred by the RRFA to provide additional staffing to meet the increased Level
of Service. Any modification to the Level of Service shall be preceded by an
agreement relating to the modifications and the funding requirements. In event
substantial volume increases affect the ability of the RRFA to meet the defined Level
of Service, the parties agree to collaborate in the public interest to address
adjustments in funding or services levels on mutually agreeable terms.
9. Fire Marshal/Fire Code Official Reports to City's CAO or Community and Economic
Development (CED) Administrator. The City's Fire Marshal/Fire Code Official shall
provide reports to the CAO or the City's CED Administrator as requested. While the
Fire Chief shall have the authority to direct the work of the RRFA employees, the
City's CED Administrator or designee shall be kept informed of the development
review work performed by the RRFA employees, and shall have authority to provide
input to the Fire Chief in setting the desired outcomes of the Fire Prevention staff.
10. Equipment to Perform Services. Equipment for staff that performs Community Risk
Reduction Services shall be provided by the RRFA and/or leased by the RRFA from the
City. For the purposes of performing the Services and subject to licensing terms and
security requirements, the parties agree to cooperate and share access to electronic
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 19 of 49
permitting systems and other electronic systems necessary to coordinate services.
Initially, the parties anticipate sharing access to the enerGov Permit System, Zoll, and
the RRFA’s Fire Record Management System.
11. Office Space to Perform Services. As partial consideration for the services provided,
the City will, if requested by the RRFA, provide the RRFA with adequate office space
to house the RRFA staff necessary to provide the services identified in this Exhibit.
12. Transmission of Fees and Charges. The City shall establish a standard procedure for
the transmission of all fees it collects pursuant to Section XIV of the Agreement and
remit the money to the RRFA on a timely basis that is no less frequent than monthly.
When remitting payment to the RRFA, the City may deduct any costs it incurred to
collect the fees, including but not limited to court costs, attorneys’ fees, and
payments to debt collection companies.
13. Accounting of Fees and Charges. When the City transmits money to the RRFA
pursuant to Section 10 of this Exhibit, the City shall provide the RRFA with supporting
documents that describe the Services for which the money was collected. Parties
recognize these fees are administered through the permit system that both parties
have access and responsibility to ensure the accuracy and integrity of the data. The
RRFA has a right to request an audit of the system no more frequently than once per
year. The cost of an audit requested by the RRFA shall be paid by the RRFA unless
otherwise agreed by the parties.
14. Collection of Fees. The parties will cooperate to collect outstanding unpaid fees and
charges for the Services. The City is not required to pay the RRFA for uncollected or
unpaid fees.
15. Fire Investigation Services. The RRFA shall perform Fire Investigation Services within
the City limits that include but are not limited to:
a. Investigate the cause and origin of fires, interview suspects and witnesses,
examine fire scenes, document findings and prepare reports, protect evidence,
cooperate with prosecutors and law enforcement, be available for interviews and
courtroom testimony, and other associated duties.
b. Investigate all fires that are arson, suspicious, injurious, and fires with a loss of
ten thousand dollars ($10,000) or more.
c. Coordinate arson investigation activities with the Renton Police Department as
necessary.
d. Staff the 24/7 Fire Investigation Unit by responding to all working fires when
requested.
e. Participate in regional and state fire investigative organizations and activities.
AGENDA ITEM #4. a)
EXHIBIT 1 – COMMUNITY RISK REDUCTION SERVICES
Page 20 of 49
f. Perform all other tasks related to Fire Investigation Services.
16. Evidence Retention. All evidence gathered during the criminal investigation of a fire
or other event for which Fire Investigative Services are provided shall be collected
and maintained by the evidence custodians of the City's Police Department pursuant
to the policies and procedures for the maintenance of evidence set forth by the City's
Police department.
17. Cooperation in Criminal Investigations. The Parties will cooperate and keep each
other informed as to the status of all fires in the City that occur as a result of
suspected or confirmed criminal conduct by providing status reports of investigations
as the investigations evolve. This obligation shall not be construed to require the
disclosure of information if disclosure could jeopardize a criminal investigation.
18. Records. All records relating to the provisioning of the services called for in Exhibit 1
shall be maintained as follows:
a. Fire Plans Review Records shall be maintained in a permit system prescribed by
the City, that shall be accessible by the assigned RRFA personnel.
b. Fire Inspection Records shall be maintained in a records management system
prescribed by the RRFA. Records shall be made available within a reasonable
timeframe to the City upon request.
c. Other records, not specifically listed herein, shall be retained in a method that is
mutually agreed upon between the City and the RRFA. Records shall be made
available within a reasonable timeframe to the City upon request.
d. Record retention shall be in accordance with state records retention
requirements. Custody and disclosure of the records shall be managed in
accordance with Exhibit 6.
19. Employee Performance Feedback. The City of Renton shall provide regular feedback
to the Fire Chief pertaining to the performance of RRFA employees performing
services called for in Exhibit 1.
20. New Employees – Hiring or Assignment. The City’s CAO shall have input into the
appointment or assignment of any person to a position that performs services
pursuant to Exhibit 1, which could include one (1) or more Renton employees serving
on an interview panel for the hiring and/or assignment of that position.
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
Page 21 of 49
EXHIBIT 2
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
INFORMATION TECHNOLOGY SERVICES
1. Purpose. This Exhibit details the agreement between the City and the RRFA for the
City's provision of Information Technology Services ("IT Services") to the RRFA by
the City of Renton's Information Technology Department ("IT"). This Exhibit
describes the scope of work and responsibility for all parties as it relates to the
ownership, operation, maintenance, and repair of the data, telecommunications,
networking infrastructure, and associated systems and applications installed for the
operation of the RRFA.
2. Maintenance of Supported Systems. IT has installed and will maintain the
telecommunications, cable plant, voice and data networks, computers, multi‐
function devices, servers, applications, GIS data layers and associated services
identified in Table 1, Supported Systems ("Supported Systems"), for the RRFA
pursuant to the terms of this Exhibit. IT will keep the supported systems
operational on an "as‐is" basis, consistent with the operational level the City
provided to other City departments through the duration of this Agreement. RRFA
specific applications and services support shall be limited to the software,
hardware, services or application that was owned by the City and utilized by the
Renton City Fire and Emergency Services Department on June 30, 2016. To this
end, the RRFA accepts the operational level and capabilities of the City's Supported
Systems in an "as‐is" condition as of June 30, 2016.
Table 1. Supported Systems
To be owned
by RFA (units)
Telecommunications
Telephone Switch Board
Telephone Sets (IP and Analog)
Telephone & Voice mail system
Cross Connections to PSTN
Provisioned Data Circuits
Cell Phones, Smart Phones, Cellular data modems (see Edge Equipment
below)
Cable Plant
Cat 5/6, Fiber, Coax Network Cabling
Network access
Local Area Network (LAN), Wide Area Network (WAN) Wireless LAN,
Internet, VCC, and IGN (Inter Governmental Network), Connectivity
Virtual Private Network (VPN), Remote access.
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
Page 22 of 49
Table 1. Supported Systems
To be owned
by RFA (units)
Network systems and services
Switches, Routers, Access Points
Fire walls, Intrusion detection
Virus/Malware protection
SPAM Filter, Web Gateway
Edge Equipment
Computers
Computers (Desktop, Laptop, Tablet) and accessories 51/18/27
Mobile Data Computers (MDC) and accessories 25
Printers 11
Multi‐Function (print, copy, fax, scan)Devices (MFDs)7
Cell Phones, Smart Phones, Cellular data modems 32/7/36
Servers (virtual and physical)
Email (MS Exchange, MS Web Access) Servers
Active Directory/Domain Controller
File Servers, Web servers, Database Servers,
Email Archiving server (UMB)
Netmotion (VPN) Server,
GIS Server
Phone Server
Voicemail Server
Telestaff, Zoll, SMS, FTP application servers
GIS Support
Fire incident/data layers
Pre‐Incident Planning data layer development and maintenance
Fire map‐book, no more than 1/year, does not include actual
printing/publication
Maps and analysis
Risk assessment Application
ArcGIS/CorMap systems/services
Applications: Maintenance and support of existing system, scheduled system
patch and general upgrades. Minor system reconfiguration, vendor contact,
system troubleshooting.
Zoll Fire RMS/ SMS Feed for Fire RMS & My Fire Rules data validation
utility
1 enterprise license
and 6 mobile license
LaserFiche Records Management system
Telestaff timesheet/scheduling 160 user licenses
Permitting (enerGov)
Valley Com., ESO, ePCR interfaces 1 each
Access to Eden financial
Access to CoreMaps/GIS
CAD GUI Mobile
SharePoint Intranet, Department, Project, Team spaces
Net motion VPN (on laptops, MDCs, and tablets)
Internet Explorer (on applicable edge equipment)Included with RFA
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
Page 23 of 49
Table 1. Supported Systems
To be owned
by RFA (units)
owned equipment
Microsoft Licenses: Office Suite, Microsoft Client Access Licenses (CALS),
and Workstation Operation System Licenses (on applicable edge
equipment)
Included with RFA
owned equipment
Microsoft Visio, Project, Adobe Acrobat Pro licenses on selected
workstations
Up to 10 each
3. Cost of Maintenance of Supported Systems. The City accounts for all IT costs in an
Internal Service Fund. The costs are allocated to all City departments based on
number of employees, equipment, services, efforts, and other factors including but
are not limited to “direct charge” for department specific projects/equipment. The
resulting allocated cost is the base of the cost identified in Section 13 to operate and
maintain the Supported Systems.
4. Additional Services Provided. Additional Services are not considered Supported
Systems, are not captured in the cost estimate described above, and therefore, are
subject to staff hourly charges. The Additional Services are as follows:
a. Support of Non‐City Devices. Non‐City devices are those devices that are not
integrated into the City's IT systems and are either purchased privately by an
RRFA employee for business use or were purchased by the RRFA in a process that
does not ensure integration with the City's IT services and systems. With non‐City
devices, IT will make its best efforts to do the following at an additional cost to
the RRFA:
(i) IT will provide its best efforts to establish and maintain data network
or telecommunications connectivity and support. IT may, at its sole
option, provide additional services beyond Supported Systems
depending upon knowledge of the device or system and availability of
staff. If the RRFA requests IT support outside of the Supported
Systems, IT should notify the RRFA promptly whether it can perform
such additional services, and provide an estimate of costs if it would
result in additional cost to the RRFA.
(ii) In the event of a device problem or failure, IT will provide its best
efforts to replace the unit with a spare unit provided by the RRFA, if
available, and establish and maintain data network or
telecommunications connectivity and support.
b. Unique Support Service Requests. The nature of the business activity within the
offices and spaces occupied and managed by the RRFA may require installation
of unique or larger than normal scale equipment sets or configurations in order
to support unique business needs. Some service requests are beyond the scope
of covered services in the interlocal agreement between the RRFA and the City,
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
Page 24 of 49
but may be provided by IT at an additional cost to the RRFA. Without limitation,
examples of these services are:
(i) Additions of cable plant to new facilities or new locations requiring
installation and routing of Cat 5/6e or fiber optic cable.
(ii) Provision of network ports that would require the purchase of
additional network switchgear or other support hardware.
(iii) Expansion of services that would require the purchase of additional
hardware.
(iv) Addition, expansion, or replacement of networked data services,
software, and applications.
In these situations, the costs, vendors, and other circumstances surrounding the
service request must be mutually agreed to by the City and the RRFA in writing
prior to proceeding. It is recommended that the RRFA requests a planning
meeting with IT at least four (4) weeks prior to such an event in order to
completely plan and provide a scope of work and timeline for completion.
5. Additional Service Staff Costs. The Additional Services set forth in Section 4 are not
considered Supported Systems under Table 1, are not covered in IT budget, and
therefore, may result in additional staff time or third party service charges to the
RRFA. In such situations, the additional staff time and third party expenses should
be agreed to in advance and be tracked using a project accounting system and billed
separately.
6. Supported Systems and Equipment Ownership. All Supported Systems shall remain
the sole property of the City except for those units identified in Table 1 to be owned
by the RRFA. All Supported Systems to be Owned by RRFA shall be maintained by
the City during the term of this Exhibit 2, and ownership shall transfer to the RRFA
no later than the date the IT Services contemplated by this Exhibit 2 terminate.2 The
City’s ownership or maintenance of Supported Systems shall not, on its own, give
the City an ownership interest in any records created or retained by the RRFA using
the Supported Systems.
The service charge identified in Section 13 is inclusive of systematic upgrades and
maintenance of Supported Systems and upgraded Supported Systems that serve the
RRFA’s current staffing levels. In the event the RRFA needs to replace, expand, or
2 The transfer of ownership in software or software licenses may be limited by the terms of software licensing
agreements. In the event of such limitations, the City will work with the RRFA to transfer its rights to the
software, but if such transfer is prohibited by the software’s licensing terms, the City will not be responsible for
purchasing new software licenses for the RRFA.
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
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upgrade a Supported System outside its regular replacement schedule and for
reasons other than equipment failure, such replacement, expansion, or upgrade shall
be agreed to in writing in advance and shall be at the sole cost of the RRFA.
Generally, equipment purchased at the RRFA’s sole cost or for its sole benefit shall be
owned by the RRFA. However, if such equipment is to be integrated into City‐owned
equipment in such a manner that future separation from City equipment will result in
a cost to the City, the City shall become the owner of the RRFA purchased equipment
at no further cost to the City or, in the alternative, the RRFA shall reimburse the City
for any costs of separation.
7. Backups and Data Recovery. IT is responsible for data backup and recovery services.
Except as provided in subsections (a) and (b) below, data backups are performed
every twenty‐four (24) hours, Monday through Friday, and server operating system
and operating data files are backed up once per month.
a. The following servers and data sets will be backed up:
(i) Server operating systems and operating system files (monthly);
(ii) User Directories and Profiles;
(iii) Public (departmental/workgroup) directories, on file servers or
attached storage; and
(iv) Email (email is backed up for purposes of system data recovery, and
not for archiving purposes.)
b. The following systems and data sets will not be backed up.
(i) Data stored on individual PC hard drives; and
(ii) Any other systems not specifically named in the paragraph above.
In the event that data recovery is necessary, the data recovery point will be the time
of the last backup. It is anticipated that the time it takes to recover data will be three
(3) business days or less.
RRFA staff is to coordinate and work with IT staff on required backup and
maintenance plans for any databases used in association with the applications
identified in the Supported Systems set forth in Table 1.
It is agreed that the backup system shall not be relied upon by the RRFA as a data
archiving system. The RRFA understands that data not properly archived may be lost
and not recovered by use of the backup system. The RRFA will use its best efforts to
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
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procure, install, and maintain a data archiving system that complies with Washington
regulations regarding the archiving of public records. The recovery of data for any
purposes other than to recover from a system failure shall be at the sole cost of the
RRFA.
8. Problem Reporting, Prioritization, and Response. RRFA users needing IT service
assistance should contact the service desk or log the problem into the City's trouble
ticket system. Once logged, the problem will be assigned a trouble ticket number
and will be dispatched to an IT engineer for resolution. The IT engineer is responsible
for contacting the user(s) and to establish a time that they will respond and begin
work to resolve the issue.
a. Table 2 below lists the standard criteria and guidelines for response and
resolution for reported problems. There may arise in the course of events that
two (2) or more high or urgent priority calls are actively in IT's queue, and the
ability to respond according to the criteria and guidelines below may be
impaired. An occurrence of this nature is contemplated to be rare. In the event
that multiple issues are logged and are considered urgent or high priority,
consideration will be given to responding first to issues that directly affect public
safety, life, property, business operations.
b. For the purposes of Table 3 below, the terms that follow shall have the following
definitions:
(i) Response Time: The time elapsed from the time a problem is
reported to the time that a service engineer contacts the customer to
arrange for service.
(ii) Turnaround Time: The time elapsed from the time a problem is
reported to the time that a final resolution to the problem has been
made, and the issue/problem has been closed. The turnaround times
are guidelines and are not guaranteed. Turnaround times for Service
Requests are as mutually agreed upon at the time the request is
entered, and may be amended by the City as necessary.
(iii) Alert: In cases of an urgent problem, or in cases of unusual or extreme
failures, an alert indicates that upper IT Management has been
notified of the problem, and is also directly involved in the resolution
process.
(iv) Service Requests: Service requests are activities that are not problems
or break/fix incidents. Examples of Service Requests are:
System moves;
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
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Telecom moves, adds or changes (MACs);
Telecom system programming ‐ voicemail, forwarding, call
hunt, etc.;
New user account setup;
Software installation/training;
Database management or repairs beyond normal maintenance;
Data extraction/export, or translation;
Custom report development and preparation; and
Application development/enhancement or modifications.
c. The RRFA shall enter service requests as soon as the need is known, in order to
allow as much lead time as possible for IT to plan and arrange the appropriate
resources to accommodate the request. Requests received less than two (2)
business days before their needed completion may not be completed in time.
Table 2. Problem Prioritization and Response Times
Priority Criteria
Dispatch
Action
Response
Time
Turnaround
Time
1. Urgent Entire Site or Sites affected‐
unable to work ‐ network,
telecom, application (including
CAD) or server problem
Immediate Alert
and Dispatch
Immediate ASAP
2. High User or Users completely
unable to perform job function
due to problem
Immediate
Dispatch
30 Minutes 1 Business Day
3. Medium User or Users able to perform
job function on another
machine or limited ability on
affected machines
Dispatch Queue 3 Hours 3 Business Days
4. Low Inconvenience to user or users.
Ability to perform job function
not affected
Dispatch Queue 8 Hours 1 Week
5. Service Request Not Break/Fix related ‐moves
adds changes etc.
Dispatch Queue 8 Hours As arranged
9. Operations Hours. IT Service Desk Hours are 8 a.m. ‐ 5 p.m., Monday through
Friday. On‐call emergency service is available for Priority 1 (urgent) service events.
In these situations, the RRFA shall contact IT's after hours service number (206‐
300‐0571) to reach the on‐call service engineer. After hours calls received that are
not Priority 1 will be responded to on the next business day.
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
Page 28 of 49
10. Service Availability Standards. The service availability standards set forth in Table 4
apply to services provided by and maintained by IT. They represent a target
availability of the noted services. These standards are exclusive of planned or
scheduled outages for maintenance or upgrade, or incidents/events that are not in
IT’s control.
Table 3. Service Availability Standards
Service or System Availability Standard
Telephone System ‐ Voice Calls Fax Calls ‐In/Outbound 99.999% ("5 Nines")
Voicemail 99.99%
Internet Connectivity 99.99%
Email Server Availability 99.99%
Internet Email Transmitted/Received 99.99%
File Server Availability 99.99%
RRFA Facilities Local Area Network Availability 99.99%
Wide Area Fiber Optic Links ‐ City Hall to RRFA Sites 99.999%
Wireless Network Access Points 99.0%
11. Routine Scheduled Maintenance. Table 4 below defines the scheduled
maintenance windows for services, servers, and devices. Unless otherwise noted,
all maintenance occurs on the third Sunday of each calendar month. In cases of
some Sundays that fall on or close to holidays, this schedule may be altered. Upon
request, this schedule may be changed to accommodate other special
requirements of the RRFA; provided that the RRFA shall cover all costs of such
schedule change.
Other minor "windows" may be added, or these published windows may be
modified upon discussion and mutual consent of both parties. These adjustments
to the schedule may be for convenience or necessity, but in no case will occur
without mutual agreement by both parties.
Table 4. Scheduled Maintenance Windows
Service or Device Maintenance Window
Core Network Services 0800 –1000
Telecommunications 0700 ‐‐1100
Servers
Email and File Server 0900 –1200
Domain Controller and Network Services 0900 ‐‐1200 (Active Directory) Server
PC Workstations As Needed
Other Devices As negotiated
12. Network, Email, Internet, and Social Media Policy. The City has certain policies and
standards regarding the use and access of the Supported Systems. From time to
time the City may adopt additional for amend existing policies and standards with
prior notice to the RRFA and with an opportunity for the RRFA to provide input. As a
condition of the City providing IT Services to the RRFA as set forth in this Exhibit, the
RRFA agrees to abide by such City policies and standards.
AGENDA ITEM #4. a)
EXHIBIT 2 – IT SERVICES
Page 29 of 49
13. Cost of Services for Period of July 1, 2016 through December 31, 2016. The City shall
charge the RRFA three hundred and eighty‐nine thousand five hundred dollars
($389,500) plus applicable sales tax for the period of July 1, 2016, through December
31, 2016 for the maintenance of Supported Systems. This amount shall be divided
into six (6) equal payments and payable to the City in accordance with the payment
section of the interlocal agreement.
14. Cost of Services after January 1, 2017 through December 31, 2019. For the period
after January 1, 2017 through December 31, 2019, the baseline service charge shall
be annualized and adjusted by any equipment added or deleted during the previous
year and then further adjusted by application of the Seattle/Tacoma/Bremerton
CPIW for the period of June to June, which shall be established in August each year,
for the following year.
15. Cost of Services After December 31, 2019. Beginning January 1, 2020, should the City
and RRFA chose to continue the IT Services, the parties should review the actual cost
of the service and may adjust the charge accordingly. Such charge shall be established
by negotiations between the City and the RRFA, and an amendment to this Exhibit 2.
16. Payment for Additional Services. Any additional staff time and third party costs
attributable to Additional Services performed during any month will be billed before
the end of the following month. The RRFA will pay the City in accordance with the
payment terms of the interlocal agreement.
AGENDA ITEM #4. a)
EXHIBIT 3 – FACILITIES AND GROUND MAINTENANCE SERVICES
Page 30 of 49
EXHIBIT 3
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
FACILITIES AND GROUNDS MAINTENANCE SERVICES
1. RRFA Locations For Which Services Shall be Provided. The City shall provide Facilities
and Grounds Maintenance Services consistent with the scope of services set forth in
this Exhibit 3 to the RRFA at the following locations:
• Station 11, located at 211 Mill Ave S, Renton, WA 98057;
• Station 12, located at 1209 Kirkland Ave NE, Renton, WA 98057;
• Station 13, located at 18002 108th Ave SE, Renton, WA 98055;
• Station 14, located at 1900 Lind Ave SW, Renton, WA 98057;
• Station 16, located at 12923 156th Ave SE, Renton, WA 98059; and
• New Station 15, to be built on the southern portion of the parcel identified as
3342103245 in the King County Assessor’s record located in Renton, WA 98056.
Cost of maintaining Station 15 is NOT included in the amount identified in Section
8 of this Exhibit.
2. Subcontracted Locations For Which Services Shall be Provided. The City shall provide
Facilities and Grounds Maintenance Services for District 40’s Station 17, located at
14810 SE Petrovitsky Rd, Renton, WA 98058, consistent with the provisions of CAG‐
08‐015, which has been or will be assigned to the RRFA.
3. Scope of Services. The Facilities and Grounds Maintenance Services provided
pursuant to this Exhibit 3 shall include the following:
• Provide janitorial service and supplies in the public areas of the stations (not the
dorm, kitchen, exercise room areas);
• Change light bulbs and replace ballasts interior and exterior;
• Install keyboard trays, monitor arms, install/repair furniture and cabinets;
• Troubleshoot and repair appliances;
• Repair localized plumbing or replace fixtures, e.g., toilets, hot water tanks,
faucets, etc.;
• Replace ceiling tiles/repair ceiling grid;
• Provide electrical repairs/fixture replacements, add new circuits;
AGENDA ITEM #4. a)
EXHIBIT 3 – FACILITIES AND GROUND MAINTENANCE SERVICES
Page 31 of 49
• Repair building envelope, e.g., windows, siding, doors, minor roof
repairs, etc.;
• Repair bay door;
• Repair/replace drywall;
• Paint interior and exterior;
• Hang art work/coat hooks/white boards/bulletin boards;
• Repair vehicle exhaust extraction system;
• Repair air compressor;
• Provide HVAC system maintenance and repair, e.g., change filters, repair
motors, pumps, and compressors;
• Maintain direct digital HVAC controls;
• Certify fire alarm systems, fire suppression systems, fire extinguishers, and
building related back flow prevention devices on an annual basis;
• Repair and monitor fire alarm system;
• Repair building fire suppression systems;
• Replace, test and repair fire extinguishers;
• Repair building‐related back flow prevention devices;
• Repair or replace building lock including keying/resetting combinations;
• Repair and clean carpet;
• Clean and restripe, etc., parking lot; and
• Provide routine grounds maintenance consistent with City standards and past
practices where applicable, including mowing, weeding, fertilizing, herbicide
application, tree maintenance, irrigation water and irrigation system maintenance
and repair where applicable, and exterior lighting maintenance and repair.
4. Capital Improvements Excluded. Capital improvements to any of the properties
listed in Section 1 and 2, or attachments thereto, shall be excluded from the scope
of services set forth in Section 3. Capital improvements shall include any installation
of new attachments, components, or systems to the properties, structural alteration
of properties, and replacement of structural or major system components of the
properties, including but not limited to walls, windows, bay doors, roofs, electrical
AGENDA ITEM #4. a)
EXHIBIT 3 – FACILITIES AND GROUND MAINTENANCE SERVICES
Page 32 of 49
systems, plumbing systems, heating, ventilation, and air conditioning systems, and
alarm systems. Unless otherwise agreed by the parties, any individual repairs that
exceed twenty‐five thousand dollars ($25,000) in cost shall be considered capital
improvements. The RRFA will be responsible for all capital improvements;
provided, the RRFA may utilize City staff for capital improvements by separate
agreement with the City.
5. Cost of Service Adjustment for New or Expanded Facilities. The cost of services
established in Section 8 is calculated based upon the number and size of facilities
maintained by the City prior to creation of the RRFA. When new facilities are built or
acquired (including Station 15) or existing facilities are expanded in a manner that
increases the City’s cost to perform the scope of services, the RRFA agrees to
increase its payments to the City to account for the additional cost.
6. Maintenance Requests Submittal. All maintenance requests shall be submitted by a
designated representative of the RRFA to a designated representative at the City.
The RRFA's requests will be placed in a queue, and prioritized and processed
consistent with an internal City request. The RRFA will be entitled to no response
preference to its requests. Facilities will give special consideration to mission critical
items such as apparatus bay doors, decontamination equipment, and plymo‐vent
systems.
7. Cost of Services for Period of July 1, 2016 through December 31, 2016. The City shall
charge the RRFA four hundred and sixty‐five thousand dollars ($465,000) plus
applicable sales tax for the period of July 1, 2016 through December 31, 2016 for the
services provided under this Exhibit 3. This amount shall be divided into six (6) equal
payments and payable to the City in accordance with the payment section of the
interlocal agreement.
8. Cost of Services After January 1, 2017 through December 31, 2019. For the period
after January 1, 2017 through December 31, 2019, the service charge shall be
annualized and adjusted by additional facilities added during the previous year and
then further adjusted by application of the Seattle/Tacoma/Bremerton CPIW for the
period of June to June, which shall be established in August each year, for the
following year.
9. Cost of Services After December 31, 2019. Beginning January 1, 2020, should the City
and RRFA chose to continue the Facilities and Grounds Maintenance Services, the
parties shall review the actual cost of the service and may adjust the charge or service
accordingly. Such charge shall be established by negotiations between the City and
the RRFA, and an amendment to this Exhibit 3.
10. Costs of Contract Development and Compliance with Bidding or Proposal
Requirements. In the event that any maintenance will require the development or
AGENDA ITEM #4. a)
EXHIBIT 3 – FACILITIES AND GROUND MAINTENANCE SERVICES
Page 33 of 49
execution of a contract, or the establishment of a process relating to bidding or
requests for proposals, City Facilities staff shall assist the RRFA in preparing such
contract, bidding, or request for proposal documents; provided, that any legal
review or representation during or after the bidding process shall be the
responsibility of and at the cost of the RRFA, and the issuance of any required notice
or advertising pursuant to such bidding or request for proposal shall be at the cost of
the RRFA.
11. Additional Services. Any additional services not covered by this Exhibit 3 should first
be approved by the RRFA. Costs associated with such additional services shall be
tracked separately using the Project Accounting system. These additional costs,
including applicable staff time and third party costs, incurred during a month will be
billed by the end of the following month. The RRFA will pay the City in accordance
with the payment terms of the interlocal agreement.
AGENDA ITEM #4. a)
EXHIBIT 4 –FLEET MAINTENANCE SERVICES
Page 34 of 49
EXHIBIT 4
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
FLEET MAINTENANCE SERVICES
1. Vehicle Schedule. The City shall provide Fleet Maintenance Services consistent with
the scope of services set forth in this Exhibit 4 to the RRFA for the vehicles/apparatus
identified in Attachment A to this Exhibit 4.
2. Scope of Services. The Fleet Maintenance Services provided pursuant to this Exhibit
4 shall include the following:
a. Preventive Maintenance: the City shall perform regular preventive maintenance
as specified by vehicle/equipment type and provide all required labor, parts and
materials therefore. Said service shall be in accordance with manufacturer and
NFPA service recommendations for the mileage interval of the vehicle, including
lube, oil and filter change, with safety inspection at each service. The City will
also pay for regular drive through car washes for covered RRFA passenger
vehicles.
b. Routine Maintenance and Repairs: The City shall perform routine maintenance
and repairs to maintain the safe and legal operating condition of covered
vehicles/apparatus in accordance with manufacturer and NFPA
recommendations. The City will provide or contract to provide all required labor,
parts, and materials to perform the routine maintenance and repairs. The City
will coordinate and pay for any towing costs associated with covered repairs or
maintenance.
c. Non‐Routine Repairs: Non‐routine repairs are the responsibility of the RRFA.
Non‐routine repairs include those that are necessitated by collisions, vandalism,
negligent operation or misuse, intentionally caused damage, and failures of
major vehicle/apparatus components. Major vehicle/apparatus components
include any part or piece of equipment attached to the vehicle/apparatus that
would cost more to replace than twenty percent (20%) of the estimated repaired
value of the vehicle/apparatus or twenty thousand dollars ($20,000), whichever
is less.
d. Manufacture Warranty, Recall: The City shall coordinate warranty repairs and
recalls with the equipment manufacturer and timely complete required work.
Any costs paid by the warranty provider for the City’s work shall be retained by
the City.
AGENDA ITEM #4. a)
EXHIBIT 4 –FLEET MAINTENANCE SERVICES
Page 35 of 49
e. Fueling: The City will provide for gasoline and diesel fueling of RRFA vehicles with
an accounting system to identify gasoline and diesel usage by equipment, or fuel
cards issued by the Fleet Division. RRFA will be permitted to fuel vehicles on a
twenty‐four (24)‐hour, seven (7)‐day a week basis, at the City Shop by authorized
employees and vehicles. The parties agree Fire Station 13 (FS13) will continue to
serve as a backup fueling station for all City and RRFA vehicles indefinitely. The
City shall manage the fueling system, inventory, and maintain the automated
accounting system at both the City Shop and FS13 to allow fueling at both
locations, except for occasional repair and maintenance of these stations and
accounting software, and all consumptions to be tracked by equipment or fuel
cards as applicable.
City will provide fuel cards to be assigned to RRFA vehicles for fueling outside of
the service area at private fuel stations.
f. Non‐routine Repairs: The City shall arrange for non‐routine repairs at the RRFA’s
sole cost as soon as authorized by the RRFA and Fleet Manager, assuming a
repair vs. replacement analysis supports it. If the repairs will be paid by an
insurance company, the RRFA will be charged the City’s labor and parts cost plus
a twenty percent (20%) administrative fee or such administrative fee as is
approved by the insurance company. RRFA shall coordinate with its insurance
carrier for the approval of any such repairs and their reimbursement to the RRFA
for associated costs. RRFA’s payment to the City for such repairs, once
authorized by the RRFA, shall not be conditioned upon receiving or the amount
of the reimbursement from the insurance carrier.
g. New Equipment Acquisition, Setup, and Licensing: The RRFA will maintain and
follow vehicle/apparatus replacement schedules to replace depreciated vehicles
and avoid expensive and economically inefficient repair costs. The RRFA is
responsible for the cost of new and replacement vehicles/apparatus and all
associated equipment. The City shall assist in developing specifications, process
procurement in accordance with RRFA policy, take delivery and set up the new
equipment/vehicle with RRFA markings, install communications equipment,
wiring and setup, complete title registration and obtain license as required.
h. Disposal: The City shall complete all disposal preparation and delivery to
disposal site in accordance with set standards and schedules. Proceeds from the
disposal of RRFA equipment shall be transferred to the RRFA within thirty (30)
dates of receipt.
3. Capital Improvements Excluded. Capital improvements to any of the equipment
listed in Attachment A shall be excluded from the scope of services set forth in
Section 2. Capital improvements shall include, but are not limited to, addition to or
replacement of existing scheduled equipment, and the complete
AGENDA ITEM #4. a)
EXHIBIT 4 –FLEET MAINTENANCE SERVICES
Page 36 of 49
rebuild/reconditioning of an existing scheduled apparatus or equipment. The RRFA
will be responsible for the cost of all capital improvements; provided, the RRFA may
utilize City staff for specification, procurement, and set up of capital improvements.
4. Cost of Services for Period of July 1, 2016 through December 31, 2016. The City shall
charge the RRFA three hundred and twenty‐five thousand dollars ($325,000) plus
applicable sales tax for the period of July 1, 2016 through December 31, 2016 for the
services provided under this Exhibit 4. This amount shall be divided into six (6) equal
payments and payable to the City in accordance with the payment section of the
interlocal agreement.
5. Cost of Services after January 1, 2017 through December 31, 2019. For the period
after January 1, 2017 through December 31, 2019, the baseline service charge shall
be annualized and adjusted by additional equipment added during the previous year
and then further adjusted by application of the Seattle/Tacoma/Bremerton CPIW for
the period of June to June, which shall be established in August each year, for the
following year.
6. Cost of Services After December 31, 2019. Beginning January 1, 2020, should the City
and RRFA chose to continue the Fleet Maintenance Services, the parties shall review
the actual cost of the service and may adjust the charge or service accordingly. Such
charge shall be established by negotiations between the City and the RRFA, and any
changes documented by an amendment to this Exhibit 4.
7. City Assistance with Contracted Services and Purchases. For an additional negotiated
cost paid by the RRFA, the City may assist the RRFA with the purchase of new
vehicles/apparatus or contracted services to rebuild/recondition the RRFA’s
vehicles/apparatus or other services outside the scope of services provided by this
Exhibit 4. Such assistance may include preparing requests for proposals, contacts, or
bids. Any legal review or representation associated with such additional services
shall be the responsibility of and at the cost of the RRFA, and the issuance of any
required notice or advertising shall be at the cost of the RRFA.
8. Additional Services. Any additional Fleet services not covered by this Exhibit 4
should first be approved by the RRFA. Costs associated with such additional services
shall be tracked separately using the City’s Project Accounting system. These
additional costs, including applicable staff time and third party costs, incurred during
a month will be billed by the end of the following month. The RRFA will pay the City
in accordance with the payment terms of the interlocal agreement.
AGENDA ITEM #4. a)
EXHIBIT 4 –FLEET
Page 37 of 49
Attachment A to
Exhibit 4
Fleet Schedule
AGENDA ITEM #4. a)
EXHIBIT 5 –FINANCE, HR AND CIVIL SERVICE
Page 38 of 49
EXHIBIT 5
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
FINANCE SERVICE, GENERAL HR, AND
CIVIL SERVICE EXAMINER SERVICES
1. Services Provided by City. The City’s Finance and HRRM departments currently
provide a number of internal support services to all city departments including the
Renton Fire Department. The parties deem desirable, for a limited period of time,
after the RRFA formation that the City to continue providing certain support services
to the RRFA, to ensure smooth operation and transition of these services.
a. The City shall provide the following Financial Services to the RRFA:
(i) Payroll processing:
(a) Finance will continue to process payroll for the RRFA using existing
systems (Telestaff and EDEN) and existing procedures. The
existing procedures include data collection and approval using a
combination of Telestaff and Fire Department staff to complete
payroll data collection and approval by cut‐off dates specified by
Finance;
(b) As long as Finance continues payroll processing, it will perform all
payroll tax transmission and filing functions;
(c) All regular employees will be paid by direct deposit and no paper
pay stub will be issued. Employees will be able to access employee
payment and tax records on line using EDEN “Employee Services”
portal.
(ii) Accounts Receivable/Revenue: Finance will continue to process billing
and receipting of revenues, such as permit fees, fire inspection and
reinspection fees, false alarm fees, late fees, BLS payments, service
contract and grant billing and receipts.
(iii) Vendor Payments:
(a) Finance will continue process vendor payments for the RRFA using
existing process and system. The existing process and system
includes, but is not limited to, decentralized invoice data entry and
AGENDA ITEM #4. a)
EXHIBIT 5 –FINANCE, HR AND CIVIL SERVICE
Page 39 of 49
approval by department using EDEN Financial system by
established cut‐off dates; and
(b) Finance will issue 1099 forms pursuant to IRS requirements as long
as Finance continues to process vendor payments.
(iv) New Accounts Set Up: Finance will assist RRFA to establish necessary
employer/taxpayer accounts with:
(a) The Internal Revenue Service;
(b) The State of Washington (Departments of Industrial Insurance,
Unemployment, Revenue, the state auditor’s office, etc.);
(c) The King County Treasurer (cash management and investment
arrangements); and
(d) A bank, if necessary.
(v) Financial Reports:
(a) The City will establish separate Funds (as related to a chart of
accounts) to allow RRFA finances be tracked separately from City
funds and accounts.
(b) The City will provide interim and annual reports to RRFA, submit
required reports to and facilitate any audit by the Washington
State Auditor’s Office as long as all RRFA transactions (revenues,
expenditures, transfers, loans and their repayments, due to/from
other entities, and other balance sheet transactions) are processed
by the City through its financial system. Any out of pocket audit
costs will be borne by RRFA.
(vi) Business Registration, Special Permit Fees, and Annual Operational
Fire Permit Fees: The City and RRFA believe the combined business
registration and Fire permit fee collection system is mutually beneficial
and wish to continue its practices and current process. To allow this
partnership to continue, parties agree to the following roles and
responsibilities:
(a) RRFA agrees to:
i. Timely review and approve/deny new business
applications;
AGENDA ITEM #4. a)
EXHIBIT 5 –FINANCE, HR AND CIVIL SERVICE
Page 40 of 49
ii. Forward business information to the City when it discovers
a business is operating without a valid license.
(b) City agrees to:
i. Collect the Fire Operational Permit Fee;
ii. Collect the tent and membrane structures permit fees and
other special permit fees as outlined in Section 4‐5‐070 of
Renton Municipal Code or the fees outlined in Section
XII(4). of the City of Renton Fee Schedule and as they are
recodified or amended;
iii. Collect False Alarm Fees, Late Fees and billings for
Operational Permits that are issued outside of Business
Licensing to non‐licensed entities such as churches;
iv. Timely deposit/remit revenues to appropriate RRFA
revenue accounts.
b. The City shall provide the following General HR Services to the RRFA:
(i) Process recruitment and promotional testing/selection of non‐
commissioned personnel using the online neoGov position
procurement system;
(ii) Act as or provide a lead negotiator on RRFA’s behalf on labor contract
negotiation matters, unless requested otherwise;
(iii) Act as or provide RRFA’s representative in PERC hearings, arbitrations,
and other administrative hearings and legal proceedings, unless
requested otherwise;
(iv) Maintain RRFA’s access to and use of the Halogen Performance
Management System;
(v) Facilitate RRFA’s transition from Renton benefit plans to a RRFA
sponsored medical, dental, vision plan, Flexible Benefit (125) account,
employee assistance program, deferred compensation program, life
insurance, and short and long term disability programs as requested;
and
AGENDA ITEM #4. a)
EXHIBIT 5 –FINANCE, HR AND CIVIL SERVICE
Page 41 of 49
(vi) Facilitate RRFA’s transition to its own commute trip reduction
program.
c. The City shall provide the following Civil Service Examiner Services to the RRFA:
(i) Recruitment and promotional services pursuant to the then applicable
Civil Service Rules;
(ii) Pre‐employment testing (psychological and physical exams), driver's
license record checks, etc.;
(iii) Attendance by the Civil Service Examiner at the monthly Civil Service
Commission meetings;
(iv) Maintenance of Civil Service rules and regulations;
(v) Establishment and maintenance of eligibility lists;
(vi) Validation of Tests and scores;
(vii) Notifications to candidates;
(viii) Contract management for Civil Service testing by third party
contractors;
(ix) Maintenance of Civil Service personnel files; and
(x) Performance of all other tasks related to providing Civil Service
Examiner Services.
2. Conditions of City Performance. In order for the City to provide Civil Service
Examiner Services to the RRFA, the RRFA shall meet the following conditions:
a. The RRFA shall appoint the then existing Civil Service Commissioners who serve
on the City's Civil Service Commission to serve on the RRFA's Civil Service
Commission. The RRFA shall coordinate such appointment with the current Civil
Service Commissioners.
b. The RRFA shall adopt interim Civil Service Rules that are substantially the same as
the City’s rules.
c. The RRFA shall ensure that it has taken all necessary steps to establish a proper
Civil Service system compliant with Chapter 41.08 RCW.
AGENDA ITEM #4. a)
EXHIBIT 5 –FINANCE, HR AND CIVIL SERVICE
Page 42 of 49
d. The RRFA Civil Service Commission shall appoint the City's Civil Service Examiner
as the RRFA's Interim Civil Service Examiner.
e. In the event that there is a vacancy on the City's Civil Service Commission, the
City shall have full discretion to appoint a new Commissioner, and the RRFA shall
appoint that same Commissioner to its own Commission.
3. Occurrence of Civil Service Commission Meetings. Civil Service Commission
meetings of the RRFA shall be held directly following the Civil Service Commission
meetings of the City, and on the same days as the City's Civil Service Commission
meetings. The meetings of the RRFA shall be separate from the meetings of the City,
shall be governed by separate agendas, and shall be recorded separately from the
City's recordings.
4. Records of Civil Service Commissions. Civil Service records of the RRFA shall be kept
separate from those of the City. Records shall be maintained by either the Interim
Civil Service Examiner or the RRFA as agreed to by the parties. After the December
31, 2016 termination date, or any agreed extension of that date, all Civil Service
records will be transferred to the RRFA.
5. Commission Appeals and Attorney for Commission. In the event an appeal is filed
before the RRFA Civil Service Commission, the RRFA shall, if requested by the RRFA
Civil Service Commission, provide the Commission with the services of an attorney
for the purpose of assisting the Commission through the appeal process. The
attorney, if requested, shall be available to provide the Commission with assistance
prior to and during the hearing, as well as assistance in preparing the decision of the
Commission. The provision of such an attorney shall be at the sole expense of the
RRFA.
6. Commission Appeals and Attorney for Civil Service Examiner. In the event an appeal
is filed before the RRFA Civil Service Commission, the RRFA shall, if requested by the
RRFA Interim Civil Service Examiner, provide the Examiner with the services of an
attorney for the purpose of assisting the Examiner through the appeal process. The
provision of such an attorney shall be at the sole expense of the RRFA.
7. Appeals to Court. In the event an appeal of an RRFA Civil Service Commission
decision is made before a court of law, such appeal shall be at the sole expense of
the RRFA, and shall be prosecuted or defended by an attorney hired by the RRFA.
8. Period of Performance. The services provided pursuant to Section 1 of this Exhibit 4
shall be provided between July 1, 2016 and December 31, 2017 at no charge to the
RRFA, unless terminated earlier by agreement of the parties. Any services provided
after December 31, 2017 shall be provided only pursuant to separate written
agreement with compensation.
AGENDA ITEM #4. a)
EXHIBIT 6 –RECORDS MANAGEMENT
Page 43 of 49
EXHIBIT 6
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
RECORDS MANAGEMENT
1. Record Custody and Cooperation. The parties recognize that the cooperative nature of
their relationship and history of the City providing services and employing staff that will
now be provided and employed by the RRFA will require cooperation and collaboration
to transfer and maintain records in which both parties may have records retention and
public records disclosure obligations. The parties agree to collaborate to transfer or
jointly maintain public records in accordance with applicable records retention
requirements, including Chapter 40.14 RCW, and the Washington State Public Records
Act, Chapter 42.56 RCW.
2. Records Custody and Transfer. Either party may request business and operational
records be transferred to or from the other party as necessary to efficiently conduct its
operations and/or comply with applicable laws. Upon such request, the parties will
coordinate to transfer the records, or accurate copies thereof. If the party with custody
of the requested records determines it has a business need or legal requirement to
independently retain the records, it may retain the original records and transfer copies
to the other party. Alternatively, to the extent permitted by applicable laws, the parties
may designate a joint records custodian to maintain the records in compliance with the
applicable retention schedules that apply to each party. During the initial term of the
City’s provision of human resource services pursuant to Exhibit 5, the City will act as the
joint records custodian for the Fire Department/RRFA personnel and civil service files
that are held and maintained by the City’s Human Resources Department. The RRFA will
initially act as the joint records custodian for any personnel files for Fire
Department/RRFA employees that are not in the possession of the City’s Human
Resources department (e.g. supervisor desk files). If either party desires to destroy any
former Fire Department personnel or civil service files that were created prior to the
formation of the RRFA and the files have not previously been transferred to the other
party, it will first offer to transfer the files to the other party.
3. Cost of Transfer and Storage. The costs of copying and transferring records shall be paid
for by the party receiving the transferred records. Each party will be responsible for
paying for applicable storage costs of the records it retains. If the parties designate one
party to act as a joint records custodian, the other party will pay for half of the records
custodian’s reasonable electronic or physical storage costs if payment of such costs is
requested by the designated records custodian.
AGENDA ITEM #4. a)
EXHIBIT 6 –RECORDS MANAGEMENT
Page 44 of 49
4. Requests for Records. The parties recognize that each party may maintain custody of
records the other needs to respond to a lawful request pursuant to the Public Records
Act or subpoena. In the event of a public records request, the receiving party shall be
responsible providing an initial 5 business day response to the requestor as required by
RCW 42.56.520, as that section may be amended or recodifed. The parties establish
the processes set forth in Sections 5 and 6 to provide a method of responding to
records requests received through subpoenas and the Public Records Act, or records
otherwise requested by the City or the RRFA. The method set forth in this Exhibit 6 shall
serve only as a guideline, and may be altered from time to time as necessary.
5. Requests Directed to or Received by the City for Records in the Custody of the RRFA . In
the event the City receives a public records request, subpoena, or other lawful request
for records held by the RRFA that the City might be required to produce, the following
process shall be followed:
a. The City will advise the RRFA in writing that the request has been received. The
RRFA will have five (5) business days to respond to the City with the records or a
reasonable estimate of the time necessary to provide the City with the records.
b. The RRFA will provide copies, at its sole cost and expense and in the form requested
by the City to the City. In the event the City receives payment for the copies
provided at the RRFA’s cost, the payment received will be equitably distributed.
c. The City will remain responsible for communicating with the requestor in
compliance with all legal obligations. The City and the RRFA shall jointly work to
determine which records are to be disclosed to the requestor, and if the request
was submitted under the Public Records Act, which records are exempt from
disclosure.
d. It shall be the responsibility of the City, and at the expense of the City, to defend
any claim or lawsuit for a violation of the Public Records Act or laws relating to a
subpoena, and pay any damages, fees, costs, or settlements relating to such claim
or lawsuit; provided, that in the event the claim or lawsuit relates in any manner to
City records in the sole custody of the RRFA that were not provided to the City by
the RRFA, then the RRFA shall defend such claim or lawsuit and pay any damages,
fees, costs, or settlements relating to such claim or lawsuit. The City and the RRFA
agree to cooperate fully in the defense of any such claim or lawsuit. If both the City
and the RRFA fail to produce all records, they will cooperate in defense and each
party will pay all its own legal costs and attorneys' fees.
6. Requests Directed to or Received by the RRFA for Records in the Custody of the City . In
the event the RRFA receives a public records request, subpoena, or other lawful request
AGENDA ITEM #4. a)
EXHIBIT 6 –RECORDS MANAGEMENT
Page 45 of 49
for records held by the City that the RRFA might be required to produce, the following
process shall be followed:
a. The RRFA will advise the City in writing that the request has been received. The City
will have five (5) business days to respond to the RRFA with the records or a
reasonable estimate of the time necessary to provide the RRFA with the records.
b. The City will provide copies, at its sole cost and expense and in the form requested
by the RRFA to the RRFA. In the event the RRFA receives payment for the copies
provided at the City’s cost, the payment received will be equitably distributed.
c. The RRFA will remain responsible for communicating with the requester in
compliance with all legal obligations. The City and the RRFA shall jointly work to
determine which records are to be disclosed to the requester, and if the request
was submitted under the Public Records Act, which records are exempt from
disclosure.
d. It shall be the responsibility of the RRFA, and at the expense of the RRFA, to defend
any claim or lawsuit for a violation of the Public Records Act or laws relating to a
subpoena, and pay any damages, fees, costs, or settlements relating to such claim
or lawsuit; provided, that in the event the claim or lawsuit relates in any manner to
RRFA Records in the sole custody of the City that were not provided to the RRFA by
the City, then the City shall defend such claim or lawsuit and pay any damages, fees,
costs, or settlements relating to such claim or lawsuit. The parties agree to
cooperate fully in the defense of any such claim or lawsuit. If both the RRFA and the
City fail to produce all records, they will cooperate in defense and each party will
pay all its legal costs and attorneys' fees.
AGENDA ITEM #4. a)
EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT
Page 46 of 49
EXHIBIT 7
TO THE INTERLOCAL AGREEMENT FOR COOPERATION
BETWEEN THE CITY OF RENTON AND THE RENTON REGIONAL FIRE AUTHORITY
EMERGENCY MANAGEMENT PROGRAM SUPPORT
1. The purpose of this exhibit is to provide a foundation for the best possible emergency
management services for the community by ensuring the active cooperation and
participation between the RRFA and the Emergency Management program of the City,
while maintaining the same level of emergency management participation as that prior
to the formation of the RRFA. In keeping with that intent, the RRFA agrees, to the extent
RRFA resources are available, to use reasonable efforts to provide the following:
a. Supporting a shared emergency and disaster response, which includes:
Participating as part of the Mayor’s Staff Policy Group discussions;
Retaining the authority to request activation of the EOC in support of an
emergency incident;
Conducting field damage assessment in coordination with City damage
assessment procedures;
Relaying information about observed damage and field conditions to the
Renton Emergency Operations Center (EOC);
Providing a qualified RRFA representative to the EOC during activations;
Providing the City with a list of personnel qualified at the Incident Command
System Section Chief level to be part of the Section Chief rotation in the EOC;
Providing qualified administrative support staff to be part of the EOC staff
rotation;
Maintaining communication between the Fire Department Operations
Center (DOC) the EOC, and/or between the Fire Incident Commander and the
EOC;
Embracing Unified Command where appropriate in the field;
Advising the EOC of operational readiness;
Notifying the EOC Duty Officer of significant events (e.g., those that result in
the need for emergency notification of the public, evacuation or sheltering,
AGENDA ITEM #4. a)
EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT
Page 47 of 49
hazmat releases, or other threats to the public), or other incidents that
would trigger use of the City’s emergency plan or activation of the EOC; and
Participating in recovery activities.
b. Engaging in planning, training, and exercise activities with the City, which
includes:
Assigning a representative to serve on the City’s Emergency Management
group and participating in those monthly meetings;
Assisting in the plan revision for specified Emergency Support Functions
in the City of Renton Comprehensive Emergency Management Plan to
meet state revision deadlines;
Contributing to other emergency plans with a role for Fire, Emergency
Medical Services, Rescue, Hazmat, etc.;
Participating in a minimum of one (1) functional exercise annually with
the City and other exercises as needed to maintain necessary familiarity
with multiple City emergency functions; and
Providing qualified instructors for up to three (3) units of instruction
twice a year for the Community Emergency Response Team program.
c. Maintaining a Continuity of Operations Plan (COOP) for the RRFA.
d. Maintaining and reporting on National Incident Management System
compliance.
e. Acknowledging the City’s Emergency Management program as the sole agency
responsible within the boundaries of the City of Renton for recruiting, training,
managing, and deploying volunteers covered under the Washington State
Emergency Worker program, including the Renton Emergency Communication
Service, the Community Emergency Response Teams, and any other similar
emergency worker volunteer groups which might be initiated and managed by
the City in the future.
f. Acknowledging the City’s Emergency Management program as the sole
originator of emergency management public education messages as well as
broader emergency messages to the public by coordinating emergency
community notifications through the EOC Duty Officer.
AGENDA ITEM #4. a)
EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT
Page 48 of 49
2. The City and the RRFA agree to provide certain accommodations with respect to shared
facility and equipment use:
a. RRFA will provide use of a predesignated fire station as a backup EOC;
b. RRFA will keep existing emergency communications equipment/stations in place,
and maintain free and clear access to such equipment for use during testing or
emergency activation;
c. RRFA will grant properly authorized and insured City volunteers and City staff
access to RRFA facilities during reasonable hours to maintain and operate
emergency equipment, including antennas and radio towers;
d. The RFA will cooperate with the City to coordinate City use of the Fire Station 14
training facility for special Emergency Management classes with reasonable
accommodation, e.g., CERT classes which are traditionally provided in the spring
and the fall of each year;
e. The RRFA will provide one (1) outdoor covered parking space with electrical
power at Fire Station 13 for the Mobile Communications Response Unit;
f. The RRFA will work cooperatively with the City to provide adequate storage
space for training, public education, and communication systems supplies and
equipment at Station 14 and Station 13 to the extent the RRFA has sufficient
surplus space (public education closet and amateur radio closet);
g. The City will coordinate with the RRFA for the use of fire stations for quick‐grab
emergency food/water supplies for all field responders, and the RRFA will
determine the best storage location and mechanism for accessing them during
an emergency;
h. The Mobile Communications Response Unit (MCRU) may be requested via the
Renton EOC Duty Officer to support communications at an incident at no cost to
the RRFA. MCRU must be operated by a qualified City volunteer or City staff;
i. Assets transferred to the RRFA, but which were purchased by Emergency
Management grant funds, shall not be disposed of without the approval of the
City’s Emergency Management group, must maintain their Emergency
Management inventory tag, and must be made available for inspection upon
request by the State Auditor’s Office or State Department of Emergency
Management at any time;
j. 800 MHz radios assigned to Emergency Management will be retained by the City,
which will assume responsibility for maintenance and service costs; and
AGENDA ITEM #4. a)
EXHIBIT 7 –EMERGENCY MANAGEMENT PROGRAM SUPPORT
Page 49 of 49
k. The RRFA will coordinate with Emergency Management staff for the use of the
primary EOC facility as a classroom.
AGENDA ITEM #4. a)
1
GROUND LEASE AGREEMENT
Renton Fire Station No. 11
This Ground Lease (the “Ground Lease”) is executed as of the _____ day of
____________, 2016 (the “Commencement Date”) by and between the CITY OF RENTON, a
Washington municipal corporation (“City”), as landlord and RENTON REGIONAL FIRE
AUTHORITY, a Washington municipal corporation (“RRFA”), as tenant. City and RRFA are
hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties”.
RECITALS
A. On April 26, 2016, voters within the jurisdictions of the City and King County Fire
Protection District No. 25 ("District") voted to create the RRFA in order to provide fire
protection, emergency medical and life safety services, and approved the Renton Regional Fire
Authority Plan (“RFA Plan”) which sets forth how property will be distributed between the RRFA
and City. The RRFA came into existence and became effective on July 1, 2016.
B. The RFA Plan requires the City to lease its Fire Station No. 11 to the RRFA for One
Dollar ($1.00) per year as long as Fire Station No. 11 is used for fire purposes. This Ground
Lease memorializes the conditions of the lease agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
AGREEMENT
1. Incorporation of Recitals; Definitions. Each recital set forth above is
incorporated into this Ground Lease as though fully set forth herein. All capitalized terms not
otherwise defined herein shall have the same definition as set forth on Exhibit A attached
hereto and by this reference incorporated herein.
2. Leased Property.
A. Lease. City hereby demises and leases to RRFA, and RRFA hereby hires
and leases from City the Fire Station No. 11 site legally described on Exhibit B attached hereto,
subject to any existing easements and other encumbrances or imperfections t o the City’s title
thereto (“Leased Property”). The Leased Property is leased to RRFA in its present condition and
state of repair and except as otherwise expressly provided herein, RRFA agrees to accepts the
Leased Property “AS IS” and in its existing condition.
B. Title to Fire Station Building and Contents. City acknowledges that RRFA
is the owner of the fire station building now located on the Leased Property (“Fire Station”)
and, except as otherwise provided herein, all trade fixtures, equipment, furniture, furnishings,
and other personal property now or hereafter located on the Leased Property or used in
connection with RRFA’s provision of fire protection, emergency medical and life safety services,
AGENDA ITEM #4. b)
2 Fire Station No. 11 Lease
together with all additions, modifications, expansions or improvements now or hereafter made
to the Fire Station during the Term of this Ground Lease. Upon the expiration or earlier
termination of this Ground Lease, the Fire Station and all attached building systems and
equipment installed in the Fire Station and other improvements affixed to the Leased Property
shall become the property of City. Notwithstanding the foregoing, upon expiration or earlier
termination of this Ground Lease, RRFA shall have the right to remove all of its trade fixtures
and other personal property from the Leased Property (including but not limited to signage,
equipment, furniture, furnishings, books, computers, art work and other RRFA materials and
personal property now or hereafter located in the Fire Station or used in connection with RRFA
services) and shall repair any damage to the Leased Property caused by such removal. RRFA
shall not remove any building service equipment or other fixtures affixed to or necessary for
the operation of the building unless authorized in writing by the City.
C. City of Renton Police Department Use of Basement. The City of Renton
Police Department is currently using a portion of the Fire Station’s basement for police
purposes. All personal property that has been used exclusively by or stored by the Renton
Police Department in the basement of the Fire Station shall remain City property. The Police
Department may continue to use the basement consistent with its past use of the space
through December 31, 2017. Notwithstanding any other provision herein, the City is
responsible for general maintenance and cleaning of the portion of the Fire Station it uses,
repairing any damages caused by its use, and obtaining insurance to protect its personal
property from loss.
3. Lease Term.
A. Initial Term. This Ground Lease shall commence on the Commencement
Date and shall expire on the fiftieth (50th) anniversary of the Commencement Date (the
“Expiration Date”) unless sooner terminated as provided herein or unless the Term is extended
pursuant to Section 3.B. This Ground Lease shall terminate if RRFA discontinues operating a fire
station on the Leased Property.
B. Options to Extend. At the expiration of the Initial Term, this Ground
Lease shall be automatically extended for two (2) additional terms of fifty (50) years each on
the same terms and conditions (the Initial Term together with extensions, constitutes the
“Term”).
4. Rent. City acknowledges receipt of the sum of Fifty Dollars ($50.00) which
represents prepaid Rent for the entire Initial Term of this Ground Lease. RRFA will pay City for
subsequent renewal terms at the rate of One Dollar ($1.00) per year.
5. Utilities and Taxes. RRFA shall be responsible for the payment of all charges for
utilities used or consumed at the Leased Property and shall make any necessary arrangements
to have all such utilities billed to and paid for directly by RRFA. City shall be responsible for the
payment of all real property taxes and assessments, if any, that are imposed upon the Leased
Property and shall pay all such taxes directly to the applicable Governmental Authority prior to
delinquency. RRFA shall be responsible for the payment of all required leasehold taxes and
AGENDA ITEM #4. b)
3 Fire Station No. 11 Lease
personal property taxes, if any, assessed against RRFA’s furnishings, furniture, equipment,
books, computers and all other of RRFA’s personal property contained in the Leased Property
and shall pay all such taxes directly to the applicable Governmental Authority prior to
delinquency.
6. Use of Leased Property.
A. Permitted Use. The Leased Property shall be used by RRFA for the
purpose of operating and maintaining a fire station and providing fire protection, emergency
medical and life safety services to the public, including residents of the City of Renton.
B. Compliance with Laws. RRFA shall, at its sole cost and expense, promptly
comply with all Laws now or hereafter in force and affecting RRFA’s use and operation of the
Fire Station, and obtain all permits, licenses or other approvals required by Governmental
Authorities to operate the Fire Station. RRFA shall have the right to contest, by appropriate
legal proceedings, any Law or other requirement affecting the Leased Property and to postpone
compliance with the same during the pendency of such contest provided that the enforcement
of such Law or other requirement is stayed during the pendency of such contest and the
contest will not subject City to criminal or civil penalty or fine or jeopardize title to the Leased
Property. City will execute documents or provide such information as RRFA may reasonably
request in furtherance of such proceedings. RRFA shall proceed diligently and in good faith to
resolve such contest and shall not postpone compliance with any Law or other requirement if
the same would invalidate any insurance required by this Ground Lease. If RRFA is contesting
any Law or other requirement then so long as RRFA continues to operate the Leased Property
as a fire station serving the public, RRFA shall not be in default under this Ground Lease by
reason of such noncompliance unless and until there is a final determination entered by a court
of competent jurisdiction and all applicable appeal periods have expired or, if RRFA has duly
appealed the determination and enforcement is stayed pending appeal, then until all appeals
have been finally decided against RRFA and RRFA has failed to comply with the resulting
decision within thirty (30) days following the issuance of such final determination.
C. Quiet Enjoyment. Upon the observance and performance of the
covenants, terms and conditions on RRFA’s part to be observed and performed, City represents
and warrants that RRFA shall peaceably and quietly hold and enjoy the Leased Property for the
Term hereby demised without hindrance or interruption by City or any Person(s) claiming by,
through or under City.
7. Maintenance, Repair and Alterations.
A. Maintenance and Repair. Except as otherwise expressly provided herein
and except for damage caused by the negligent acts or omissions of City, from and after the
Commencement Date of this Ground Lease, RRFA shall, at RRFA’s sole cost and expense,
maintain the Fire Station and Leased Property and every part thereof, including landscaping, in
good order, condition and repair and will take all action and will perform all maintenance and
repairs required to keep all parts of the Fire Station and Leased Property including landscaping
AGENDA ITEM #4. b)
4 Fire Station No. 11 Lease
in good condition and repair, subject to ordinary wear and tear and damage by fire or other
casualty excepted.
B. Additional Improvements. From and after the Commencement Date of
this Ground Lease, RRFA may, at RRFA’s sole cost and expense and without further consent
from City, make modifications, alterations and additions to the Leased Property or the Fire
Station, provided that such modifications, alterations and additions are completed in a good
and workmanlike manner and in compliance with all applicable Laws and the requirements of
all insurance policies required to be maintained by RRFA. RRFA agrees that it will procure all
necessary permits before making any such repairs, alterations or additions. City agrees to
cooperate with RRFA in obtaining such permits. RRFA agrees to pay promptly when due the
cost of any work done by the RRFA to the Leased Property or the Fire Station after the
Commencement Date so that the Leased Property and the Fire Station shall remain free of all
construction liens.
8. Hazardous Substances.
A. RRFA Obligations. RRFA shall not use the Leased Property for the
transportation, storage, generation, disposal or release of any Hazardous Substances in
violation of Environmental Laws. From and after the Commencement Date of this Ground
Lease and to the extent permitted by Law, RRFA shall be solely responsible for all debts,
demands, obligations, liens, judgments, claims, liabilities, losses, damages, cleanup costs and
expenses (including reasonable attorneys’ fees) now or hereafter arising in connection with the
presence, transportation, storage, disposal or release of Hazardous Substances located in, on or
about the Leased Property and caused by or resulting from the actions of RRFA, its officials,
officers, agents or employees after the Commencement Date of this Ground Lease including,
without limitation, costs incurred in connection with any investigation of site conditions or any
cleanup, remedial, removal or restoration work required by any Governmental Authority
because of the presence or suspected presence of Hazardous Substances in violation of
Environmental Laws, which costs may include, but not be limited to, sums paid in settlements
of claims, attorney’s fees, consultant’s fees and expert fees, excluding (a) any Hazardous
Substances present on the Leased Property prior to the Commencement Date of this Ground
Lease or which migrate onto the Leased Property from adjoining property through no act or
omission of RRFA; (b) any debt, demand, obligation, lien, judgment, claim, liability, loss,
damage, cleanup cost or expense resulting from the actions or omissions of City, its officials,
officers, agents, employees, contractors, subcontractors or invitees; or (c) any debt, demand,
obligation, lien, judgment, claim, liability, loss, damage, cleanup cost or expense resulting fro m
City’s violation of any contractual obligation under this Ground Lease, or any other document
executed by City. This obligation shall survive the Expiration Date of this Ground Lease.
B. City Obligations. City shall not use the Leased Property for the
transportation, storage, generation, disposal or release of any Hazardous Substances in
violation of Environmental Laws. City shall be solely responsible for (a) all debts, demands,
obligations, liens, judgments, claims, damages, penalties, fines, cleanup cost, expenses,
liabilities or losses relating to the presence, transportation, storage, disposal or release of
AGENDA ITEM #4. b)
5 Fire Station No. 11 Lease
Hazardous Substances on the Leased Property prior to the Commencement Date of this Ground
Lease or which migrates onto the Leased Property from adjoining property through no act or
omission of the City; (b) any debt, demand, obligation, lien, judgment, claim, liability, loss,
damage, cleanup cost or expense resulting from the actions or omissions of City, its officials,
officers, agents, employees, contractors, subcontractors or invitees; or (c) any debt, demand,
obligation, lien, judgment, claim, liability, loss, damage, cleanup cost or expense resulting from
City’s violation of any contractual obligation under this Ground Lease, or any other doc ument
executed by City including, without limitation in each case, costs incurred in connection with
any investigation of site conditions or any cleanup, remedial, removal or restoration work
required by any Governmental Authority because of the presence or suspected presence of
Hazardous Substances in violation of Environmental Laws. Such costs may include, but not be
limited to, sums paid in settlements of claims, attorney’s fees, consultant’s fees and expert
fees. This obligation shall survive the Expiration Date of this Ground Lease.
9. Insurance.
A. RRFA’s Insurance. During the Term of this Ground Lease, RRFA shall
maintain the following types of insurance:
(i) Commercial general liability insurance on an occurrence basis
insuring RRFA against claims for personal injury (including without limitation, bodily injury or
death), property damage liability and such other loss or damage from such causes of loss as are
embraced by insurance policies of the type now known as “commercial general liability”
insurance covering the Leased Property, together with business automobile liability (owned,
hired or non-owned vehicles) covering the risks of bodily injury (including death) and property
damage, including coverage for contractual liability. Such insurance shall initially be in an
amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate. The required amount of coverage may be changed by the City
from time to time over the life of the Ground Lease upon no less than one (1) year written
notice provided by the City to the RRFA. Any increase in required coverage levels shall be based
upon economic or risk factors that reasonably justify the increase and are consistent with
industry standard practices. The RRFA’s commercial general liability insurance, or equivalent
policy, shall name City as an additional named insured in a form reasonably acceptable to City.
(ii) Property insurance covering the Fire Station against loss or
damage from such causes of loss as are embraced by insurance policies of the type now known
as “All Risks” or “Special Cause of Loss” property insurance on a replacement cost basis in an
amount not less than one hundred percent (100%) of the then full replace ment cost of the Fire
Station (exclusive of the cost of excavations, foundations and footings below the lowest
basement floor), without deduction for physical depreciation thereof. Such property insurance
shall be in builder’s risk form during any restoration accomplished in connection with damage
or destruction of the Fire Station.
(iii) Any insurance to be provided by RRFA may be included in a policy
or policies of insurance covering additional items, locations or insureds, so long as such policies
satisfy the requirements of this Section 9.A.
AGENDA ITEM #4. b)
6 Fire Station No. 11 Lease
B. City’s Insurance. During the Term of this Ground Lease, City shall
maintain commercial general liability insurance on an occurrence basis insuring City against
claims for personal injury (including without limitation, bodily injury or death), property
damage liability and such other loss or damage from such causes of loss as are embraced by
insurance policies of the type now known as “commercial general liability” insurance, together
with business automobile liability (owned, hired or non -owned vehicles) covering the risks of
bodily injury (including death) and property damage, including coverage for contractual liabili ty.
Such insurance shall initially be in an amount of not less than one million dollars ($1,000,000)
per occurrence and two million dollars ($2,000,000) general aggregate. The required amount of
coverage may be changed from time to time over the life of the Ground Lease upon no less
than one (1) year written notice provided by the City to the RRFA. Any increase in required
coverage levels shall be based upon economic or risk factors that justify the increase and are
consistent with industry standard practices. The City’s commercial general liability insurance,
or equivalent policy, shall name RRFA as an additional named insured in a form reasonably
acceptable to RRFA.
C. Waiver of Subrogation Rights. City and RRFA do each release the other,
and the other Party’s officials, officers, employees, agents and authorized representatives, to
the extent legally possible for it to do so, from any claims such releasing Party may have for
damage to the Leased Property, the Fire Station, the personal property, improvements and
alterations of any Party in or about the Leased Property to the extent the same is covered by a
policy of property insurance insuring such Party; provided, however, that this waiver shall be
ineffective as to any such damage not covered by in surance required to be carried hereunder
or, if greater in amount, insurance actually carried. Such waiver is conditioned upon the
Parties’ ability to enter into such a waiver and is valid only to the extent allowed by their
respective insurers. RRFA shall use its best efforts to cause each property insurance policy
obtained by it with respect to the Leased Property or any portion thereof to provide that the
insurance company waives all right to recover by way of subrogation against the City in
connection with any matter covered by such policy, by endorsement or otherwise. A waiver of
subrogation shall be effective as to a Person even though such Person would otherwise have a
duty of indemnification, contractual or otherwise, did not pay the insurance pre mium directly
or indirectly, and whether or not the Person had an insurable interest in the property damaged.
D. Other Insurance Matters. All insurance policies required under this
Ground Lease shall be in forms and issued by insurers reasonably approved by the other Party.
10. Indemnification.
A. Indemnification by RRFA. RRFA shall defend, indemnify and hold City and
its elected and appointed officers, officials and employees while acting within the scope of their
duties as such, harmless from and against any damage, loss or liability resulting from any actual
or alleged injury (including bodily injury or death) of any Person, or from any actual or alleged
loss of or damage to any property (excluding indirect or consequential damages such as lost
profits), arising out of or in connection with: (i) the negligent acts or omissions of RRFA or its
agents, officers, officials and employees acting within the scope of their employment, or
AGENDA ITEM #4. b)
7 Fire Station No. 11 Lease
(ii) RRFA’s breach of any of its obligations hereunder. RRFA agrees that the foregoing indemnity
specifically covers actions brought by its own employees. In the event that any suit based upon
a claim, action, loss or damage covered by this Section 10.A is brought against City, RRFA shall
defend the same as its sole cost and expense; provided, however, that City retains the right to
participate in such suit at its own cost if any principle of municipal law is involved. This
indemnity with respect to acts or omissions by RRFA during the Term shall survive termination
or expiration of this Ground Lease. The foregoing indemnity is specifically and expre ssly
intended to constitute a waiver of RRFA’s immunity under Washington’s Industrial Insurance
Act, RCW Title 51, to the extent necessary to provide City with a full and complete indemnity
from claims made by RRFA and its employees, to the extent provided herein. THE PARTIES
AGREE THAT THEY SPECIFICALLY NEGOTIATED THIS SECTION ON INDEMNIFICATION.
B. Indemnification by City. City shall defend, indemnify and hold RRFA and
its elected and appointed officers, officials and employees while acting within the s cope of their
duties as such, harmless from and against any damage, loss or liability resulting from any actual
or alleged injury (including bodily injury or death) of any Person, or from any actual or alleged
loss of or damage to any property (excluding indirect or consequential damages such as lost
profits) arising out of: (i) the negligent acts or omissions of City or its agents, officers, officials
and employees acting within the scope of their employment, or (ii) City’s breach of any of its
obligations hereunder. City agrees that the foregoing indemnity specifically covers actions
brought by its own employees. In the event that any suit based upon a claim, action, loss or
damage covered by this Section 10.B, is brought against RRFA, the City shall defend the same as
its sole cost and expense; provided, however, that RRFA retains the right to participate in such
suit at its own cost if any principle of municipal law is involved. This indemnity with respect to
acts or omissions by City during the Term shall survive termination or expiration of this Ground
Lease. The foregoing indemnity is specifically and expressly intended to constitute a waiver of
City’s immunity under Washington’s Industrial Insurance Act, RCW Title 51, to the extent
necessary to provide RRFA with a full and complete indemnity from claims made by City and its
employees, to the extent provided herein. THE PARTIES AGREE THAT THEY SPECIFICALLY
NEGOTIATED THIS SECTION ON INDEMNIFICATION.
C. Limitation on Indemnification. In compliance with RCW 4.24.115 as in
effect on the date of this Ground Lease, all provisions of this Ground Lease pursuant to which
City or RRFA (the “Indemnitor”) agrees to indemnify the other (the “Indemnitee”) against
liability for damages arising out of bodily injury to Persons or damage to property relative to the
construction, alteration, repair, addition to, subtraction from, improvement to or maintenance
of any building, road or other structure, project, development or improvement attached to real
estate, including the Leased Property: (i) shall not apply to damages caused by or resulting from
the sole negligence of the Indemnitee, its agents or employees, and (ii) to the extent caused by
or resulting from the concurrent negligence of (a) the Indemnitee or the Indemnitee’s agents or
employees, and (b) the Indemnitor or the Indemnitor’s agents or employees, shall apply only to
the extent of the Indemnitor’s negligence.
11. Minor Damage, Destruction or Partial Condemnation. RRFA shall notify City
promptly following the occurrence of partial condemnation to, or damage to or destruction of,
AGENDA ITEM #4. b)
8 Fire Station No. 11 Lease
the Leased Property covered by the insurance describ ed in Section 9.A. If (a) the cost of repair
or reconstructing the Leased Property and the Fire Station located thereon to substantially the
same condition as existed prior to such damage or destruction is not in excess of fifty percent
(50%) of the replacement cost of the Fire Station located on the Leased Property, (b) adequate
funds are available from the property insurance required to be carried by RRFA pursuant to this
Ground Lease or, in the event of a partial condemnation, condemnation proceeds to e ffect such
repair or restoration, and (c) such repair or reconstruction of any such damage or destruction
can be made under then existing Law to substantially the same condition as the portion
damaged or destroyed, RRFA shall repair and restore the Leased Property and/or the Fire
Station located thereon to substantially the same condition as existed prior to said damage or
destruction with such alterations thereto as RRFA shall reasonably deem prudent or valuable
under the circumstances including any changes required to comply with applicable Laws, with
the then prevailing construction practices, or the design then utilized in other RRFA buildings.
All insurance and/or condemnation proceeds payable with respect to such damage, destruction
or partial condemnation shall be paid to RRFA and RRFA shall complete such repair and
restoration as soon as reasonably practical. If the foregoing conditions cannot be met, such
damage, destruction or condemnation shall be treated as an event of major damage,
destruction or condemnation in accordance with the provisions of Section 12.
12. Major Damage, Destruction or Condemnation. If the cost of repairing or
reconstructing said damage or destruction to the Leased Property and/or the Fire Station
located thereon to substantially the same condition as it was in prior to such damage or
destruction is in excess of fifty percent (50%), or insurance proceeds are unavailable or are not
sufficient to effect the repair or restoration or if the restoration cannot be made under then
existing Law or in the event that there is a taking or condemnation of all or substantially all of
the Leased Property or the Fire Station at any time during the Term, the Parties shall confer and
the City may elect whether to have RRFA use the insurance proceeds together with such
additional funds provided by the City as may be necessary to rebuild the Fire Station , or, in the
event of a condemnation, to use the portion of the condemnation proceeds attributable to the
value of the Leased Property and Fire Station to construct a fire station in another location.
Notwithstanding the foregoing, RRFA shall be entitled to recover from the condemning
authority the value of its personal property including, but not limited to, furniture, furnishings,
equipment, books, computers, art work and moving expenses.
13. Assignment. Neither RRFA nor the City shall have the right to transfer or assign
this Ground Lease, in whole or in part or any of its rights and obligations hereunder, without
the prior written consent of the other Party. Provided, however, the assignment of this Ground
Lease by the RRFA to a successor entity created through annexation, merger or contractual
consolidation with another municipal fire protection and emergency medical services entity
shall be permitted. Provided, further, the RRFA shall not be required to obtain the consent of
the City prior to subleasing any portion of the building for purposes related to the RRFA’s use of
the premises consistent with Section 6. If consent is once given by either Party to the
assignment of this Ground Lease, or any interest herein, the consenting Party shall not be
barred from afterwards refusing to consent to any further assignment. In the event of any
assignment or subletting of this Ground Lease with the consent of City, RRFA shall nevertheless
AGENDA ITEM #4. b)
9 Fire Station No. 11 Lease
remain fully liable upon all the terms and conditions contained herein, unless otherwise agreed
to by City in writing and, in the event of any assignment of its interest under this Ground Lease
with the consent of RRFA, City shall nevertheless remain fully liable upon all the terms and
conditions contained herein, unless otherwise agreed to by RRFA in writing.
14. Force Majeure Event. Any delay or failure of performance by RRFA or the City
shall not constitute a default hereunder, if and to the extent such delays or failure of
performance are caused by a Force Majeure Event. If either Party is affected by a Force
Majeure Event, such Party shall, within five (5) business days of the date that the notifying
Party’s performance is affected by a Force Majeure Event, give notice to the other Party stating
the nature of the event, its anticipated duration and any action being taken to avoid or
minimize its effect. The suspension of performance shall be of no greater scope and no longe r
duration than is reasonably required and the non-performing Party shall use its best efforts to
remedy its inability to perform. The obligation to pay money in a timely manner is absolute and
shall not be subject to the Force Majeure Event provisions. Within a reasonable time following
the date of termination of such Force Majeure Event, the Party having invoked such Force
Majeure Event as the cause for the delay shall submit to the other Party reasonable proof of
the nature of that delay.
15. Legal Proceedings. The Parties are responsible for providing for their own legal
services at their own expense.
16. Notices. Any notices or other communication which City or RRFA shall desire or
be required to give pursuant to the provisions of this Ground Lease shall be in writing and shall
be personally delivered or sent by regular mail and registered or certified mail or by facsimile
transmission. The giving of such Notices shall be deemed complete on the third (3rd) business
day after the same is deposited in a United States Post Office with postage charges prepaid or
on the date when delivered or faxed (provided the fax machine has issued a printed
confirmation of receipt). All notices shall be addressed to each Party at the respective
addresses set forth below or to such other address as such Party may theretofore have
designated by notice to the other Party pursuant to this Section 16:
Address of City:
City of Renton
1055 South Grady Way
Renton, WA 98057
Attention:
Facsimile: ( )
AGENDA ITEM #4. b)
10 Fire Station No. 11 Lease
Address of RRFA:
Renton Regional Fire Authority
1055 South Grady Way
Renton, WA 98057
Attention:
Facsimile: ( )
Either Party may change the address to which notices shall be sent by notice to the other Party
in the manner and with the effect set forth in this Section 16.
17. Non-Discrimination. Both Parties agree there shall be no discrimination under
this Ground Lease against any employee or applicant for employment because of sex, age, race,
color, creed, national origin, marital status, sexual orientation or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to but not be limited to the following: employment, advertising, lay-off
or termination, rates of pay or other forms of compensation, and selection for traini ng,
including apprenticeship. No Person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this Ground Lease
on the grounds of sex, race, color, creed, national origin, age, except minimum age and
retirement provisions, marital status, sexual orientation or the presence of any sensory, mental
or physical handicaps.
18. Memorandum of Ground Lease. At the request of either Party, the Parties shall
promptly execute and record, at the cost of the requesting Party, a short form memorandum
describing the Leased Property and stating the Term of this Ground Lease and such other
information the Parties agree to include, and such other information as necessary to satisfy the
Washington notice of lease statute.
19. Default. If either Party shall fail to observe or perform any substantial provision
of this Ground Lease to be observed or performed by that Party hereunder; the non -breaching
Party may declare a default by giving thirty (30) days written notice to the other Party,
whereupon if such failure or breach is not cured within thirty (30) days of receiving notice from
the non-defaulting Party specifying such default and demanding that the same be cured, the
non-defaulting Party may seek any remedy available at law or in equity for breach of this
Ground Lease, including termination of the same by written notice to the defaulting Party. In
the event that the default is one which, by reason of the nature thereof, cannot be cure d by the
payment of money and cannot with due diligence be wholly cured within such period of thirty
(30) days, then the defaulting Party shall commence cure within thirty (30) days after receiving
the notice of default and shall thereafter prosecute the c uring of such default to conclusion
with all due diligence.
20. Time. Time is of the essence in regard to performance of the covenants and
agreements stated herein.
AGENDA ITEM #4. b)
11 Fire Station No. 11 Lease
21. Nature of Relationship. The relationship between City and RRFA under this
Ground Lease shall be solely that of landlord and tenant of real property. Nothing contained in
this Ground Lease nor any of the acts of the Parties hereto shall be construed, nor is it the
intent of the Parties, to create a joint venture or partnership between the City and RRFA, nor is
either Party the agent or representative of the other, and nothing in this Ground Lease shall be
construed to create any such agency relationship or to hold either Party liable to anyone for
goods delivered or services performed at the request of the other Party. This Ground Lease is
made and entered into for the sole protection and benefit of City and RRFA. No term or
provision of this Ground Lease is intended to be, or shall be, for the benefit of any other Person
not a party hereto nor shall any other Person have any right or cause of action hereunder.
22. No Waiver. No waiver of any breach by either Party of any term, covenant,
condition or agreement herein and no failure by either Party to exercise any right or remedy in
respect to any breach hereunder, shall constitute a waiver or relinquishment for the future of
any such term, covenant, condition or agreement or of any subsequent breach of any such
term, covenant, condition or agreement, nor bar any right or remedy of such Party in respect of
any such subsequent breach. No waiver of any term, covenant, condition , provision or
agreement under this Ground Lease shall be deemed to have been made unless in writing and
signed by the Party intended to be bound thereby.
23. Liens. RRFA agrees that it will timely pay all costs of work performed, materials
furnished or obligations incurred by RRFA in connection with the Leased Property or the Fire
Station located thereon and will keep the Leased Property and the Fire Station free from all
construction and other liens on account of work done for RRFA or Persons claiming by, through
or under RRFA. RRFA shall indemnify, defend and hold City harmless from any lien claim,
judgment or litigation arising out of any work performed or materials furnished by or at the
direction of RRFA. City agrees that it will timely pay all co sts of work performed, materials
furnished or obligations incurred by City in connection with the Leased Property or the Fire
Station and will keep the Leased Property and the Fire Station free from all construction and
other liens on account of work done for City or Persons claiming by, through or under City. City
shall indemnify, defend and hold RRFA harmless from any lien claim, judgment or litigation
arising out of any work performed or materials furnished by or at the direction of City. Should
any claim of lien be filed against the Fire Station, the Leased Property or any action affecting
the title to the Fire Station, the Leased Property be commenced, the responsible Party shall
cause such lien to be released of record by payment or posting of a proper bond within thirty
(30) days following the filing of such lien.
24. Interpretation. The provisions of this Ground Lease shall be construed as a
whole according to their common meaning and not strictly for or against any Party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Ground Lease. Each Party hereto and its counsel has reviewed and revised this Ground
Lease and agrees that the normal rules of construction to the effect that any ambiguities are to
be resolved against the drafting Party shall not be construed in the interpretation of this
Ground Lease. Paragraph headings are for convenience only and shall not be considered when
interpreting this Ground Lease. All words used in the singular shall include the plural; the
AGENDA ITEM #4. b)
12 Fire Station No. 11 Lease
present tense shall include the future tense; and the masculine gender shall include the
feminine and neuter genders.
25. Severability. If any provision of this Ground Lease or the application thereof to
any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of
this Ground Lease, or the application of such provision to persons or circumstances other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each
provision of this Ground Lease shall be valid and enforceable to the fullest extent permitted by
law.
26. Successors and Assigns. This Ground Lease shall be binding on and inure to the
benefit of the Parties hereto and their respective successors and permitted assigns.
27. Remedies Cumulative. The various rights, options, elections, powers and
remedies contained in this Ground Lease shall be construed as cumulative and no one of them
shall be exclusive of any of the others or of any other legal or equitable remedy which either
Party might otherwise have in the event of a breach or default in the terms hereof. The
exercise of one right or remedy by such Party shall not impair its right to any other right or
remedy until all obligations imposed on the other Party have been fully performed.
28. Entire Agreement. This Ground Lease contains the entire agreement between
the Parties with respect to the subject matter hereof and supersedes all prior agreements or
understandings among the Parties with respect thereto including, but not limited to, the RFA
Plan. This Ground Lease may be amended only by an agreement in writing signed by the Parties
intended to be bound.
29. Governing Law. This Ground Lease shall be construed in accordance with and
governed by the laws of the State of Washington. In the event any action is brought to enforce
the provisions of this Ground Lease, the venue of any such action shall be in King County,
Washington. Each agreement, term, and provision of this Ground Lease to be performed by
RRFA or City shall be construed to be both a covenant and a condition. Each Party will carry out
its obligations under this Ground Lease diligently and in good faith.
30. Counterparts. This Ground Lease may be executed in counterparts, each of
which constitutes an original and all of which shall constitute but one original.
IN WITNESS WHEREOF the Parties hereto have subscribed their names as of the _____
day of _________________, 2016.
AGENDA ITEM #4. b)
13 Fire Station No. 11 Lease
“City”
CITY OF RENTON,
A Washington municipal corporation
By:
Name: Denis Law
Its: Mayor
“RRFA”
RENTON REGIONAL FIRE AUTHORITY
A Washington municipal corporation
By:
Name:
Its:
Attest:
____________________________
Jason A. Seth, City Clerk
APPROVED AS TO FORM
Name: Brian Snure, RRFA Attorney
APPROVED AS TO FORM
Name: Larry Warren, Renton City Attorney
AGENDA ITEM #4. b)
14 Fire Station No. 11 Lease
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ____________, 2016, before me personally appeared Denis Law, to
me known to be the Mayor of THE CITY OF RENTON, a municipal corporation of the state of
Washington that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.
DATED ____________________________, 2016.
(Signature)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington,
residing at
My appointment expires:
(Affix Notary Stamp or Seal Here)
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ____________, 2016, before me personally appeared
___________________________, to me known to be the ______________________ of
RENTON REGIONAL FIRE AUTHORITY, a Washington municipal corporation that executed and
acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that _____ was
authorized to execute said instrument.
DATED ____________________________, 2016.
(Signature)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington,
residing at
My appointment expires:
(Affix Notary Stamp or Seal Here)
AGENDA ITEM #4. b)
A-1
EXHIBIT A
DEFINITIONS
“Environmental Laws” means, as amended from time to time, the Federal Resource
Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et. seq., Federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.,
Federal Hazardous Material Transportation Control Act, 49 U.S.C. § 1801 et. seq., Federal Clean
Air Act, 42 U.S.C. § 7401 et. seq., Federal Water Pollution Control Act, 33 U.S.C. § 1321, Federal
Water Act of 1977, 93 U.S.C. § 1251 et seq., Federal Insecticide, Fungicide and Rodenticide Act,
Federal Pesticide Act of 1978, 7 U.S.C. § 136 et seq., Federal Toxic Substances Control Act, 15
U.S.C. § 2601 et seq., Federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., Washington
Water Pollution Control Act, RCW ch. 90.48, Washington Clean Air Act, RCW ch. 70.94,
Washington Solid Waste Management Recovery and Recycling Act, RCW ch. 70.95, Washington
Hazardous Waste Management Act, RCW ch. 70.105, Washington Hazardous Waste Fees Act,
RCW ch. 70.95E, Washington Model Toxics Control Act, RCW ch. 70.105D, Washington Nuclear
Energy and Radiation Act, RCW ch. 70.98, Washington Radioactive Waste Storage and
Transportation Act of 1980, RCW ch. 70.99, Washington Underground Petroleum Storage Tanks
Act, RCW ch. 70.148, and any regulations promulgated thereunder, and any future enacted
laws with similar purposes of protecting the environment.
“Expiration Date” means the earliest of: (i) the date which is fifty (50) years after the
Commencement Date (subject to extension in accordance with the provisions of Section 3.B);
(ii) the date on which this Ground Lease is terminated as a result of the RRFA’s exercise of its
right of first offer to purchase the Leased Property pursuant to the provisions of Section 24
above; or (iii) any date on which this Ground Lease terminates in accordance with its terms.
“Force Majeure” means strikes, war, insurrection or terrorism, labor troubles, acts of
God, governmental requirements, shortages of fuel, labor or building materials or any other
cause beyond the reasonable control of a Party to this Ground Lease. Financial inability is not
an event of Force Majeure.
“Governmental Authority” means any national, state, provincial, local, tribal or
municipal government, any political subdivision thereof or any other governmental, regulatory,
quasi-governmental, judicial, public or statutory instrumentality, authority, body, agency,
department, bureau, or entity with authority to bind a Party at law; provided, however, that
“Governmental Authority” will not in any event include any Party.
“Hazardous Substances” means any material, waste, substance, industrial waste, toxic
waste, chemical contaminant, petroleum, asbestos, polychlorinated biphenyls or other
substances regulated or classified by Environmental Laws as hazardous, toxic or lethal to
persons or property.
“Law” or “Laws” means any constitution, statute, ordinance, regulation, rule, resolution,
judicial decision, administrative order or other requirement of any Governmental Authority
having jurisdiction over the Parties or the Leased Property, or both, in effect either on the
Commencement Date of this Ground Lease or at a ny time during the Term, including without
AGENDA ITEM #4. b)
A-2
limitation, any regulation or order of a quasi official entity or body (e.g., board of fire examiners
or public utilities) including, but not limited to Environmental Laws and all rules, laws and
regulations issued thereunder, as the same may be amended from time to time.
“Person” means a natural person, firm, corporation, partnership, limited liability
company, a trust, an unincorporated organization, a Governmental Authority or any other
separate legal entity, public or private.
AGENDA ITEM #4. b)
B-1
EXHIBIT B
LEGAL DESCRIPTION OF THE LEASED PROPERTY
LOTS 15 THROUGH 19, TOWN OF RENTON, ACCORDING TO THE PLAT RECORDED
IN VOLUME 1 OF PLATS, PAGE 135, RECORDS OF KING COUNTY, WASHINGTON;
EXCEPT THE WEST 5 FEET THEREOF CONDEMNED FOR ALLEY PURPOSES IN KING
COUNTY SUPERIOR COURT CAUSE NO. 87129 AS PROVIDED BY CITY OF RENTON
ORDINANCE NO. 272.
AGENDA ITEM #4. b)
1
GROUND LEASE AGREEMENT
Renton Fire Station No. 12
This Ground Lease (the “Ground Lease”) is executed as of the _____ day of
____________, 2016 (the “Commencement Date”) by and between the CITY OF RENTON, a
Washington municipal corporation (“City”), as landlord and RENTON REGIONAL FIRE
AUTHORITY, a Washington municipal corporation (“RRFA”), as tenant. City and RRFA are
hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties”.
RECITALS
A. On April 26, 2016, voters within the jurisdictions of the City and King County Fire
Protection District No. 25 ("District") voted to create the RRFA in order to provide fire
protection, emergency medical and life safety services, and approved the Renton Regional Fire
Authority Plan (“RFA Plan”) which sets forth how property will be distributed between the RRFA
and City. The RRFA came into existence and became effective on July 1, 2016.
B. The RFA Plan requires the City to lease its Fire Station No. 12 to the RRFA for One
Dollar ($1.00) per year as long as Fire Station No. 12 is used for fire purposes. This Ground
Lease memorializes the conditions of the lease agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
AGREEMENT
1. Incorporation of Recitals; Definitions. Each recital set forth above is
incorporated into this Ground Lease as though fully set forth herein. All capitalized terms not
otherwise defined herein shall have the same definition as set forth on Exhibit A attached
hereto and by this reference incorporated herein.
2. Leased Property.
A. Lease. City hereby demises and leases to RRFA, and RRFA hereby hires
and leases from City the Fire Station No. 12 site legally described on Exhibit B attached hereto,
subject to any existing easements and other encumbrances or imperfections to the City’s title
thereto (“Leased Property”). The Leased Property is leased to RRFA in its present condition and
state of repair and except as otherwise expressly provided herein, RRFA agrees to accepts the
Leased Property “AS IS” and in its existing condition.
B. Title to Fire Station Building and Contents. City acknowledges that RRFA
is the owner of the fire station building now located on the Leased Property (“Fire Station”)
and, except as otherwise provided herein, all trade fixtures, equipment, furniture, furnishings,
and other personal property now or hereafter located on the Leased Property or used in
connection with RRFA’s provision of fire protection, emergency medical and life safety services,
AGENDA ITEM #4. c)
2 Fire Station No. 12 Lease
together with all additions, modifications, expansions or improvements now or hereafter made
to the Fire Station during the Term of this Ground Lease. Upon the expiration or earlier
termination of this Ground Lease, the Fire Station and all attached building systems and
equipment installed in the Fire Station and other improvements affixed to the Leased Property
shall become the property of City. Notwithstanding the foregoing, upon expiration or earlier
termination of this Ground Lease, RRFA shall have the right to remove all of its trade fixtures
and other personal property from the Leased Property (including but not limited to signage,
equipment, furniture, furnishings, books, computers, art work and other RRFA materials and
personal property now or hereafter located in the Fire Station or used in connection with RRFA
services) and shall repair any damage to the Leased Property caused by such removal. RRFA
shall not remove any building service equipment or other f ixtures affixed to or necessary for
the operation of the building unless authorized in writing by the City.
C. Title to Personal Property on Building’s Second Floor. RRFA
acknowledges that the City is the owner of the information technology equipment, including
backup servers, and all equipment, furniture, and other personal property used by the City for
emergency management services and back up information technology purposes. All such
personal property is currently located on the second floor of the Fire Station. If the City
discontinues its use of its property, it will either transfer ownership of the property to the RRFA
or remove the property and repair any damage to the Fire Station o r Leased Property caused by
such removal.
D. Use of and Access to Building’s Second Floor. The City retains an
exclusive right to use the second floor of the Fire Station, principally as an emergency
operations center and to operate backup servers for the City’s information technology
infrastructure. At such time as the City no longer uses the second floor as its emergency
operations center, use of the second floor shall transfer to the RRFA and shall be considered as
part of the Leased Property subject to the City’s retained right to locate and operate its backup
servers. Except as may be agreed in writing by the Parties, RRFA shall not modify or replace the
Fire Station in any way that would interfere with the City’s exclusive use of the second floor.
3. Lease Term.
A. Initial Term. This Ground Lease shall commence on the Commencement
Date and shall expire on the fiftieth (50th) anniversary of the Commencement Date (the
“Expiration Date”) unless sooner terminated as provided herein or unless the Term is extended
pursuant to Section 3.B. This Ground Lease shall terminate if RRFA discontinues operating a fire
station on the Leased Property.
B. Options to Extend. At the expiration of the Initial Term, this Ground
Lease shall be automatically extended for two (2) additional terms of fifty (50) years each on
the same terms and conditions (the Initial Term together with extensions, constitutes the
“Term”).
AGENDA ITEM #4. c)
3 Fire Station No. 12 Lease
4. Rent. City acknowledges receipt of the sum of Fifty Dollars ($50.00) which
represents prepaid Rent for the entire Initial Term of this Ground Lease. RRFA will pay City for
subsequent renewal terms at the rate of One Dollar ($1.00) per year.
5. Utilities and Taxes. RRFA shall be responsible for the payment of all charges for
utilities used or consumed at the Leased Property and shall make any necessary arrangements
to have all such utilities billed to and paid for directly by RRFA. The RRFA reserves the right, after
December 31, 2019 to determine the City’s share of utilities based prior usage and to pass that
cost on to the City. City shall be responsible for the payment of all real property taxes and
assessments, if any, that are imposed upon the Leased Property and shall pay all such taxes
directly to the applicable Governmental Authority prior to delinquency. RRFA shall be
responsible for the payment of all required leasehold taxes and personal property taxes, if any,
assessed against RRFA’s furnishings, furniture, equipment, books, computers and all other of
RRFA’s personal property contained in the Leased Property and shall pay all such taxes directly
to the applicable Governmental Authority prior to delinquency.
6. Use of Leased Property.
A. Permitted Use. The Leased Property shall be used by RRFA for the
purpose of operating and maintaining a fire station and providing fire protection, emergency
medical and life safety services to the public, including residents of the City of Renton.
B. Compliance with Laws. RRFA shall, at its sole cost and expense, promptly
comply with all Laws now or hereafter in force and affecting RRFA’s use and operation of the
Fire Station, and obtain all permits, licenses or other approvals required by Governmental
Authorities to operate the Fire Station. Provided, however, the City shall remain solely
responsible for any such costs or expenses associated with its use of the second floor and the
RRFA shall not be responsible for taking any actions under this paragraph when such actions are
for the primary benefit of the City’s use of the second floor. RRFA shall have the right to contest,
by appropriate legal proceedings, any Law or other requirement affecting the Leased Property
and to postpone compliance with the same during the pendency of such contest provided that
the enforcement of such Law or other requirement is stayed during the pendency o f such
contest and the contest will not subject City to criminal or civil penalty or fine or jeopardize title
to the Leased Property. City will execute documents or provide such information as RRFA may
reasonably request in furtherance of such proceedings. RRFA shall proceed diligently and in
good faith to resolve such contest and shall not postpone compliance with any Law or other
requirement if the same would invalidate any insurance required by this Ground Lease. If RRFA
is contesting any Law or other requirement then so long as RRFA continues to operate the
Leased Property as a fire station serving the public, RRFA shall not be in default under this
Ground Lease by reason of such noncompliance unless and until there is a final determination
entered by a court of competent jurisdiction and all applicable appeal periods have expired or,
if RRFA has duly appealed the determination and enforcement is stayed pending appeal, then
until all appeals have been finally decided against RRFA and RRFA has failed to comply with the
resulting decision within thirty (30) days following the issuance of such final determination.
AGENDA ITEM #4. c)
4 Fire Station No. 12 Lease
C. Quiet Enjoyment. Upon the observance and performance of the
covenants, terms and conditions on RRFA’s part to be observed and performed, City represents
and warrants that RRFA shall peaceably and quietly hold and enjoy the Leased Property for the
Term hereby demised without hindrance or interruption by City or any Person(s) claiming by,
through or under City.
7. Maintenance, Repair and Alterations.
A. Maintenance and Repair. Except as otherwise expressly provided herein
and except for damage caused by the negligent acts or omissions of City, from and after the
Commencement Date of this Ground Lease, RRFA shall, at RRFA’s sole cost and expense,
maintain the Fire Station and Leased Property and every part thereof, including landscaping, in
good order, condition and repair and will take all action and will perform all maintenance and
repairs required to keep all parts of the Fire Station and Leased Property including landscaping
in good condition and repair, subject to ordinary wear and tear and damage by fire or other
casualty excepted.
B. Additional Improvements. From and after the Commencement Date of
this Ground Lease, RRFA may, at RRFA’s sole cost and expense and without further consent
from City, make modifications, alterations and additions to the Leased Property or the Fire
Station, provided that such modifications, alterations and additions do not interfere with the
City’s exclusive use of the second floor, and such modifications, alterations and additions are
completed in a good and workmanlike manner and in compliance with all applicable Laws and
the requirements of all insurance policies required to be maintained by RRFA. RRFA agrees that
it will procure all necessary permits before making any such repairs, alterations or additions.
City agrees to cooperate with RRFA in obtaining such permits. RRFA agrees to pay promptly
when due the cost of any work done by the RRFA to the Leased Property or the Fire Station
after the Commencement Date so that the Leased Property and the Fire Station shall remain
free of all construction liens.
C. Maintenance, Repair of, and Improvements to Second Floor of Fire
Station. Notwithstanding RRFA’s duty to maintain the Fire Station and systems therein, distinct
costs which are uniquely attributable to the City’s use of the second floor of the Fire Station
shall be charged to or paid directly by the City. In addition, for so long as the City uses the
second floor as an EOC, the City shall be responsible for 7.5% of building envelope and roof
maintenance, HVAC maintenance and other maintenance that proportionally benefits the City’s
use of the second floor. The City shall be solely responsible for the costs of repairing any
damage to the Fire Station that is caused by or arises out of the City’s use of the second floor.
D. Maintenance, Repair of, and Improvements of Elevator. So long as the
City has exclusive use of the second floor, the City shall be solely responsible for the cost of
maintaining, repairing, improving or replacing the elevator.
E. Maintenance, Repair, and Replacement of Fire Station Generator. The
City acknowledges the RRFA owns the generator currently serving the Fire Station. RRFA
acknowledges the generator is necessary to support the City’s uses on the second floor of the
AGENDA ITEM #4. c)
5 Fire Station No. 12 Lease
Fire Station. RRFA agrees to maintain, repair, and replace the generator as necessary to
continue to serve the Parties’ mutual back up power needs. The City agrees to reimburse the
RRFA for 50% of such costs for so long as the City has exclusive use of the second floor.
8. Hazardous Substances.
A. RRFA Obligations. RRFA shall not use the Leased Property for the
transportation, storage, generation, disposal or release of any Hazardous Substances in
violation of Environmental Laws. From and after the Commencement Date of this Ground
Lease and to the extent permitted by Law, RRFA shall be solely responsible for all debts,
demands, obligations, liens, judgments, claims, liabilities, losses, damages, cleanup costs and
expenses (including reasonable attorneys’ fees) now or hereafter arising in connection with the
presence, transportation, storage, disposal or release of Hazardous Substances located in, on or
about the Leased Property and caused by or resulting from the actions of RRFA, its officials,
officers, agents or employees after the Commencement Date of this Ground Lease including,
without limitation, costs incurred in connection with any investigation of site conditions or any
cleanup, remedial, removal or restoration work required by any Governmental Authority
because of the presence or suspected presence of Hazardous Substances in violation of
Environmental Laws, which costs may include, but not be limited to, sums paid in settlements
of claims, attorney’s fees, consultant’s fees and expert fees, excluding (a) any Hazardous
Substances present on the Leased Property prior to the Commencement Date of this Ground
Lease or which migrate onto the Leased Property from adjoining property through no act or
omission of RRFA; (b) any debt, demand, obligation, lien, judgment, claim, liability, loss,
damage, cleanup cost or expense resulting from the actions or omissions of City, its officials,
officers, agents, employees, contractors, subcontractors or invitees; or (c) any debt, demand,
obligation, lien, judgment, claim, liability, loss, damage, cleanup cost or expense resulting fro m
City’s violation of any contractual obligation under this Ground Lease, or any other document
executed by City. This obligation shall survive the Expiration Date of this Ground Lease.
B. City Obligations. City shall not use the Leased Property for the
transportation, storage, generation, disposal or release of any Hazardous Substances in
violation of Environmental Laws. City shall be solely responsible for (a) all debts, demands,
obligations, liens, judgments, claims, damages, penalties, fines, cleanup cost, expenses,
liabilities or losses relating to the presence, transportation, storage, disposal or release of
Hazardous Substances on the Leased Property prior to the Commencement Date of this Ground
Lease or which migrates onto the Leased Property from adjoining property through no act or
omission of the City; (b) any debt, demand, obligation, lien, judgment, claim, liability, loss,
damage, cleanup cost or expense resulting from the actions or omissions of City, its officials,
officers, agents, employees, contractors, subcontractors or invitees; or (c) any debt, demand,
obligation, lien, judgment, claim, liability, loss, damage, cleanup cost or expense resulting from
City’s violation of any contractual obligation under this Ground Lease, or any other doc ument
executed by City including, without limitation in each case, costs incurred in connection with
any investigation of site conditions or any cleanup, remedial, removal or restoration work
AGENDA ITEM #4. c)
6 Fire Station No. 12 Lease
required by any Governmental Authority because of the presence or suspected presence of
Hazardous Substances in violation of Environmental Laws. Such costs may include, but not be
limited to, sums paid in settlements of claims, attorney’s fees, consultant’s fees and expert
fees. This obligation shall survive the Expiration Date of this Ground Lease.
9. Insurance.
A. RRFA’s Insurance. During the Term of this Ground Lease, RRFA shall
maintain the following types of insurance:
(i) Commercial general liability insurance on an occurrence basis
insuring RRFA against claims for personal injury (including without limitation, bodily injury or
death), property damage liability and such other loss or damage from such causes of loss as are
embraced by insurance policies of the type now known as “commercial general liability”
insurance covering the Leased Property, together with business automobile liability (owned,
hired or non-owned vehicles) covering the risks of bodily injury (including death) and property
damage, including coverage for contractual liability. Such insurance shall initially be in an
amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars
($2,000,000) general aggregate. The required amount of coverage may be changed by the City
from time to time over the life of the Ground Lease upon no less than one (1) year written
notice provided by the City to the RRFA. Any increase in required coverage levels shall be based
upon economic or risk factors that reasonably justify the increase and are consistent with
industry standard practices. The RRFA’s commercial general liability insurance, or equivalent
policy, shall name City as an additional named insured in a form reasonably acceptable to City.
(ii) Property insurance covering the Fire Station against loss or
damage from such causes of loss as are embraced by insurance policies of the type now known
as “All Risks” or “Special Cause of Loss” property insurance on a replacement cost basis in an
amount not less than one hundred percent (100%) of the then full replace ment cost of the Fire
Station (exclusive of the cost of excavations, foundations and footings below the lowest
basement floor), without deduction for physical depreciation thereof. Such property insurance
shall be in builder’s risk form during any restoration accomplished in connection with damage
or destruction of the Fire Station.
(iii) Any insurance to be provided by RRFA may be included in a policy
or policies of insurance covering additional items, locations or insureds, so long as such policies
satisfy the requirements of this Section 9.A.
B. City’s Insurance. During the Term of this Ground Lease, City shall
maintain commercial general liability insurance on an occurrence basis insuring City against
claims for personal injury (including without limitation, bodily injury or death), property
damage liability and such other loss or damage from such causes of loss as are embraced by
insurance policies of the type now known as “commercial general liability” insurance, together
with business automobile liability (owned, hired or non -owned vehicles) covering the risks of
bodily injury (including death) and property damage, including coverage for contractual liabili ty.
Such insurance shall initially be in an amount of not less than one million dollars ($1,000,000)
AGENDA ITEM #4. c)
7 Fire Station No. 12 Lease
per occurrence and two million dollars ($2,000,000) general aggregate. The required amount of
coverage may be changed from time to time over the life of the Ground Lease upon no less
than one (1) year written notice provided by the City to the RRFA. Any increase in required
coverage levels shall be based upon economic or risk factors that justify the increase and are
consistent with industry standard practices. The City’s commercial general liability insurance,
or equivalent policy, shall name RRFA as an additional named insured in a form reasonably
acceptable to RRFA.
(i). The City shall be responsible for maintaining its own fire and hazard
insurance on City owned personal property and any leasehold improvements placed within the
Property by the City.
C. Waiver of Subrogation Rights. City and RRFA do each release the other,
and the other Party’s officials, officers, employees, agents and authorized representatives, to
the extent legally possible for it to do so, from any claims such releasing Party may have for
damage to the Leased Property, the Fire Station, the personal property, improvements and
alterations of any Party in or about the Leased Property to the extent the same is covered by a
policy of property insurance insuring such Party; provided, however, that this waiver shall be
ineffective as to any such damage not covered by insurance required to be carried hereunder
or, if greater in amount, insurance actually carried. Such waiver is conditioned upon the
Parties’ ability to enter into such a waiver and is valid only to the extent allowed by their
respective insurers. RRFA shall use its best efforts to cause each property insurance policy
obtained by it with respect to the Leased Property or any portion thereof to provide that the
insurance company waives all right to recover by way of subrogation ag ainst the City in
connection with any matter covered by such policy, by endorsement or otherwise. A waiver of
subrogation shall be effective as to a Person even though such Person would otherwise have a
duty of indemnification, contractual or otherwise, did not pay the insurance premium directly
or indirectly, and whether or not the Person had an insurable interest in the property damaged.
D. Other Insurance Matters. All insurance policies required under this
Ground Lease shall be in forms and issued by insurers reasonably approved by the other party.
10. Indemnification.
A. Indemnification by RRFA. RRFA shall defend, indemnify and hold City and
its elected and appointed officers, officials and employees while acting within the scope of their
duties as such, harmless from and against any damage, loss or liability resulting from any actual
or alleged injury (including bodily injury or death) of any Person, or from any actual or alleged
loss of or damage to any property (excluding indirect or consequential damages such as lost
profits), arising out of or in connection with: (i) the negligent acts or omissions of RRFA or its
agents, officers, officials and employees acting within the scope of their employment, or
(ii) RRFA’s breach of any of its obligations hereunder. RRFA agrees that the foregoing indemnity
specifically covers actions brought by its own employees. In the event that any suit based upon
a claim, action, loss or damage covered by this Section 10.A is brought against City, RRFA shall
AGENDA ITEM #4. c)
8 Fire Station No. 12 Lease
defend the same as its sole cost and expense; provided, however, that City retains the right to
participate in such suit at its own cost if any principle of municipal law is involved. This
indemnity with respect to acts or omissions by RRFA during the Term shall survive termination
or expiration of this Ground Lease. The foregoing indemnity is specifically and expressly
intended to constitute a waiver of RRFA’s immunity under Washington’s Industrial Insurance
Act, RCW Title 51, to the extent necessary to provide City with a full and complete indemnity
from claims made by RRFA and its employees, to the extent provided herein. THE PARTIES
AGREE THAT THEY SPECIFICALLY NEGOTIATED THIS SECTION ON INDEMNIFICATION.
B. Indemnification by City. City shall defend, indemnify and hold RRFA and
its elected and appointed officers, officials and employees while acting within the scope of their
duties as such, harmless from and against any damage, loss or liability resulting from any actual
or alleged injury (including bodily injury or death) of any Person, or from any actual or alleged
loss of or damage to any property (excluding indirect or consequential damages such as lost
profits) arising out of: (i) the negligent acts or omissions of City or its agents, officers, of ficials
and employees acting within the scope of their employment, or (ii) City’s breach of any of its
obligations hereunder. City agrees that the foregoing indemnity specifically covers actions
brought by its own employees. In the event that any suit based upon a claim, action, loss or
damage covered by this Section 10.B, is brought against RRFA, the City shall defend the same as
its sole cost and expense; provided, however, that RRFA retains the right to participate in such
suit at its own cost if any principle of municipal law is involved. This indemnity with respect to
acts or omissions by City during the Term shall survive termination or expiration of this Ground
Lease. The foregoing indemnity is specifically and expressly intended to constitute a waiver of
City’s immunity under Washington’s Industrial Insurance Act, RCW Title 51, to the extent
necessary to provide RRFA with a full and complete indemnity from claims made by City and its
employees, to the extent provided herein. THE PARTIES AGREE THA T THEY SPECIFICALLY
NEGOTIATED THIS SECTION ON INDEMNIFICATION.
C. Limitation on Indemnification. In compliance with RCW 4.24.115 as in
effect on the date of this Ground Lease, all provisions of this Ground Lease pursuant to which
City or RRFA (the “Indemnitor”) agrees to indemnify the other (the “Indemnitee”) against
liability for damages arising out of bodily injury to Persons or damage to property relative to the
construction, alteration, repair, addition to, subtraction from, improvement to or maintena nce
of any building, road or other structure, project, development or improvement attached to real
estate, including the Leased Property: (i) shall not apply to damages caused by or resulting from
the sole negligence of the Indemnitee, its agents or employ ees, and (ii) to the extent caused by
or resulting from the concurrent negligence of (a) the Indemnitee or the Indemnitee’s agents or
employees, and (b) the Indemnitor or the Indemnitor’s agents or employees, shall apply only to
the extent of the Indemnitor’s negligence.
11. Minor Damage, Destruction or Partial Condemnation. RRFA shall notify City
promptly following the occurrence of partial condemnation to, or damage to or destruction of,
the Leased Property covered by the insurance described in Section 9.A. If (a) the cost of repair
or reconstructing the Leased Property and the Fire Station located thereon to substantially the
same condition as existed prior to such damage or destruction is not in excess of fifty percent
AGENDA ITEM #4. c)
9 Fire Station No. 12 Lease
(50%) of the replacement cost of the Fire Station located on the Leased Property, (b) adequate
funds are available from the property insurance required to be carried by RRFA pursuant to this
Ground Lease or, in the event of a partial condemnation, condemna tion proceeds to effect such
repair or restoration, and (c) such repair or reconstruction of any such damage or destruction
can be made under then existing Law to substantially the same condition as the portion
damaged or destroyed, RRFA shall repair and restore the Leased Property and/or the Fire
Station located thereon to substantially the same condition as existed prior to said damage or
destruction with such alterations thereto as RRFA shall reasonably deem prudent or valuable
under the circumstances including any changes required to comply with applicable Laws, with
the then prevailing construction practices, or the design then utilized in other RRFA buildings.
All insurance and/or condemnation proceeds payable with respect to such damage, destruction
or partial condemnation shall be paid to RRFA and RRFA shall complete such repair and
restoration as soon as reasonably practical. If the foregoing conditions cannot be met, such
damage, destruction or condemnation shall be treated as an event of major da mage,
destruction or condemnation in accordance with the provisions of Section 12.
12. Major Damage, Destruction or Condemnation. If the cost of repairing or
reconstructing said damage or destruction to the Leased Property and/or the Fire Station
located thereon to substantially the same condition as it was in prior to such damage or
destruction is in excess of fifty percent (50%), or insurance proceeds are unavailable or are not
sufficient to effect the repair or restoration or if the restoration cannot be made under then
existing Law or in the event that there is a taking or condemnation of all or substantially all of
the Leased Property or the Fire Station at any time during the Term, the Parties shall confer and
the City may elect whether to have RRFA use the insurance proceeds together with such
additional funds provided by the City as may be necessary to rebuild the Fire Station , or, in the
event of a condemnation, to use the portion of the condemnation proceeds attributable to the
value of the Leased Property and Fire Station to construct a fire station in another location.
Notwithstanding the foregoing, RRFA shall be entitled to recover from the condemning
authority the value of its personal property including, but not limited to, furniture, furnishings,
equipment, books, computers, art work and moving expenses.
13. Assignment. Neither RRFA nor the City shall have the right to transfer or assign
this Ground Lease, in whole or in part or any of its rights and obligations hereunder, without
the prior written consent of the other Party. Provided, however, the assignment of this Ground
Lease by the RRFA to a successor entity created through annexation, merger or contractual
consolidation with another municipal fire protection and emergency medical services entity
shall be permitted. Provided, further, the RRFA shall not be required to obtain the consent of
the City prior to subleasing any portion of the building for purposes related to the RRFA’s use of
the premises consistent with Section 6. If consent is once given by either Party to the
assignment of this Ground Lease, or any interest herein, the consenting Party shall not be
barred from afterwards refusing to consent to any further assignment. In the event of any
assignment or subletting of this Ground Lease with the consent of City, RRFA shall nevertheless
remain fully liable upon all the terms and conditions contained herein, unless otherwise agreed
to by City in writing and, in the event of any assignment of its interest under this Ground Lease
AGENDA ITEM #4. c)
10 Fire Station No. 12 Lease
with the consent of RRFA, City shall nevertheless remain fully liable upon all the terms and
conditions contained herein, unless otherwise agreed to by RRFA in writing.
14. Force Majeure Event. Any delay or failure of performance by RRFA or the City
shall not constitute a default hereunder, if and to the extent such delays or failure of
performance are caused by a Force Majeure Event. If either Party is affected by a Force
Majeure Event, such Party shall, within five (5) business days of the date that the notifying
Party’s performance is affected by a Force Majeure Event, give notice to the other Party stating
the nature of the event, its anticipated duration and any action being taken to avoid or
minimize its effect. The suspension of performance shall be of no greater scope and no longer
duration than is reasonably required and the non-performing Party shall use its best efforts to
remedy its inability to perform. The obligation to pay money in a timely manner is absolute and
shall not be subject to the Force Majeure Event provisions. Within a reasonable time following
the date of termination of such Force Majeure Event, the Party having invoked such Force
Majeure Event as the cause for the delay shall submit to the other Party reasonable proof of
the nature of that delay.
15. Legal Proceedings. The Parties are responsible for providing for their own legal
services at their own expense.
16. Notices. Any notices or other communication which City or RRFA shall desire or
be required to give pursuant to the provisions of this Ground Lease shall be in writing and shall
be personally delivered or sent by regular mail and registered or certified mail or by facsimile
transmission. The giving of such Notices shall be deemed complete on the third (3rd) business
day after the same is deposited in a United States Post Office with postage charges prepaid or
on the date when delivered or faxed (provided the fax machine has issued a printed
confirmation of receipt). All notices shall be addressed to each Party at the respective
addresses set forth below or to such other address as such Party may theretofore have
designated by notice to the other Party pursuant to this Section 16:
Address of City:
City of Renton
1055 South Grady Way
Renton, WA 98057
Attention:
Facsimile: ( )
AGENDA ITEM #4. c)
11 Fire Station No. 12 Lease
Address of RRFA:
Renton Regional Fire Authority
1055 South Grady Way
Renton, WA 98057
Attention:
Facsimile: ( )
Either Party may change the address to which notices shall be sent by notice to the other Party
in the manner and with the effect set forth in this Section 16.
17. Non-Discrimination. Both Parties agree there shall be no discrimination under
this Ground Lease against any employee or applicant for employment because of sex, age, race,
color, creed, national origin, marital status, sexual orientation or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to but not be limited to the following: employment, advertising, lay-off
or termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. No Person shall be denied, or subjected to discrimination in receipt
of the benefit of any services or activities made possible by or resulting from this Ground Lease
on the grounds of sex, race, color, creed, national origin, age, except minimum age and
retirement provisions, marital status, sexual orientation or the presence of any sensory, mental
or physical handicaps.
18. Memorandum of Ground Lease. At the request of either Party, the Parties shall
promptly execute and record, at the cost of the requesting Party, a short form memorandum
describing the Leased Property and stating the Term of this Ground Lease and such other
information the Parties agree to include, and such other information as necessary to satisfy the
Washington notice of lease statute.
19. Default. If either Party shall fail to observe or perform any substantial provision
of this Ground Lease to be observed or performed by that Party hereunder; the non -breaching
Party may declare a default by giving thirty (30) days written notice to the other Party,
whereupon if such failure or breach is not cured within thirty (30) days of receiving notice from
the non-defaulting Party specifying such default and demanding th at the same be cured, the
non-defaulting Party may seek any remedy available at law or in equity for breach of this
Ground Lease, including termination of the same by written notice to the defaulting Party. In
the event that the default is one which, by r eason of the nature thereof, cannot be cured by the
payment of money and cannot with due diligence be wholly cured within such period of thirty
(30) days, then the defaulting Party shall commence cure within thirty (30) days after receiving
the notice of default and shall thereafter prosecute the curing of such default to conclusion
with all due diligence.
20. Time. Time is of the essence in regard to performance of the covenants and
agreements stated herein.
AGENDA ITEM #4. c)
12 Fire Station No. 12 Lease
21. Nature of Relationship. The relationship between City and RRFA under this
Ground Lease shall be solely that of landlord and tenant of real property. Nothing contained in
this Ground Lease nor any of the acts of the Parties hereto shall be construed, nor is it the
intent of the Parties, to create a joint venture or partnership between the City and RRFA, nor is
either Party the agent or representative of the other, and nothing in this Ground Lease shall be
construed to create any such agency relationship or to hold either Party liable to anyone for
goods delivered or services performed at the request of the other Party. This Ground Lease is
made and entered into for the sole protection and benefit of City and RRFA. No term or
provision of this Ground Lease is intended to be, or shall be, for the benefit of any other Person
not a party hereto nor shall any other Person have any right or cause of action hereunder.
22. No Waiver. No waiver of any breach by either Party of any term, covenant,
condition or agreement herein and no failure by either Party to exercise any right or remedy in
respect to any breach hereunder, shall constitute a waiver or relinquishment for the future of
any such term, covenant, condition or agreement or of any subsequent breach of any such
term, covenant, condition or agreement, nor bar any right or remedy of such Party in respect of
any such subsequent breach. No waiver of any term, covenant, condition , provision or
agreement under this Ground Lease shall be deemed to have been made unless in writing and
signed by the Party intended to be bound thereby.
23. Liens. RRFA agrees that it will timely pay all costs of work performed, materials
furnished or obligations incurred by RRFA in connection with the Leased Property or the Fire
Station located thereon and will keep the Leased Property and the Fire Station free from all
construction and other liens on account of work done for RRFA or Persons claiming by, through
or under RRFA. RRFA shall indemnify, defend and hold City harmless from any lien claim,
judgment or litigation arising out of any work performed or materials fu rnished by or at the
direction of RRFA. City agrees that it will timely pay all costs of work performed, materials
furnished or obligations incurred by City in connection with the Leased Property or the Fire
Station and will keep the Leased Property and the Fire Station free from all construction and
other liens on account of work done for City or Persons claiming by, through or under City. City
shall indemnify, defend and hold RRFA harmless from any lien claim, judgment or litigation
arising out of any work performed or materials furnished by or at the direction of City. Should
any claim of lien be filed against the Fire Station, the Leased Property or any action affecting
the title to the Fire Station, the Leased Property be commenced, the responsible Party shall
cause such lien to be released of record by payment or posting of a proper bond within thirty
(30) days following the filing of such lien.
24. City Surplus. If The City determines that its interest in the Leased Property and
this Ground Lease is surplus to the needs of the City, the City shall transfer its interest in the fee
title to the RRFA by quit claim deed for no additional consideration.
25. Interpretation. The provisions of this Ground Lease shall be construed as a
whole according to their common meaning and not strictly for or against any Party and
consistent with the provisions contained herein in order to achieve the objectives and purposes
of this Ground Lease. Each Party hereto and its counsel has reviewed and revised this Ground
AGENDA ITEM #4. c)
13 Fire Station No. 12 Lease
Lease and agrees that the normal rules of construction to the effect that any ambiguities are to
be resolved against the drafting Party shall not be construed in the interpretation of this
Ground Lease. Paragraph headings are for convenience only and shall not be considered when
interpreting this Ground Lease. All words used in the singular shall include the plural; the
present tense shall include the future tense; and the masculine gender shall include the
feminine and neuter genders.
25. Severability. If any provision of this Ground Lease or the application thereof to
any Person or circumstance shall to any extent be invalid or unenforceable, the remainder of
this Ground Lease, or the application of such provision to persons or circumstances other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each
provision of this Ground Lease shall be valid and enforceable to the fullest extent permitted by
law.
26. Successors and Assigns. This Ground Lease shall be binding on and inure to the
benefit of the Parties hereto and their respective successors and permitted assigns.
27. Remedies Cumulative. The various rights, options, elections, powers and
remedies contained in this Ground Lease shall be construed as cumulative and no one of them
shall be exclusive of any of the others or of any other legal or equitable remedy which either
Party might otherwise have in the event of a breach or default in the terms hereof. The
exercise of one right or remedy by such Party shall not impair its right to any other right or
remedy until all obligations imposed on the other Party have been fully performed.
28. Entire Agreement. This Ground Lease contains the entire agreement between
the Parties with respect to the subject matter hereof and supersedes all prior agreements or
understandings among the Parties with respect thereto including, but not limited to, the RFA
Plan. This Ground Lease may be amended only by an agreement in writing signed by the Parties
intended to be bound.
29. Governing Law. This Ground Lease shall be construed in accordance with and
governed by the laws of the State of Washington. In the event any action is brought to enforce
the provisions of this Ground Lease, the venue of any such action shall be in King Count y,
Washington. Each agreement, term, and provision of this Ground Lease to be performed by
RRFA or City shall be construed to be both a covenant and a condition. Each Party will carry out
its obligations under this Ground Lease diligently and in good faith.
30. Counterparts. This Ground Lease may be executed in counterparts, each of
which constitutes an original and all of which shall constitute but one original.
IN WITNESS WHEREOF the Parties hereto have subscribed their names as of the _____
day of _________________, 2016.
AGENDA ITEM #4. c)
14 Fire Station No. 12 Lease
“City”
CITY OF RENTON,
A Washington municipal corporation
By:
Name: Denis Law
Its: Mayor
“RRFA”
RENTON REGIONAL FIRE AUTHORITY,
A Washington municipal corporation
By:
Name:
Its:
Attest:
____________________________
Jason A. Seth, City Clerk
APPROVED AS TO FORM
Brian Snure, RRFA Attorney
APPROVED AS TO FORM
Larry Warren, Renton City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ____________, 2016, before me personally appeared Denis Law, to
me known to be the Mayor of THE CITY OF RENTON, a municipal corporation of the state of
Washington that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.
DATED ____________________________, 2016.
(Signature)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington,
residing at
My appointment expires:
(Affix Notary Stamp or Seal Here)
AGENDA ITEM #4. c)
15 Fire Station No. 12 Lease
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this _____ day of ____________, 2016, before me personally appeared
___________________________, to me known to be the ______________________ of
RENTON REGIONAL FIRE AUTHORITY, a Washington municipal corporation that executed and
acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that _____ was
authorized to execute said instrument.
DATED ____________________________, 2016.
(Signature)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington,
residing at
My appointment expires:
(Affix Notary Stamp or Seal Here)
AGENDA ITEM #4. c)
A-1
EXHIBIT A
DEFINITIONS
“Environmental Laws” means, as amended from time to time, the Federal Resource
Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et. seq., Federal Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.,
Federal Hazardous Material Transportation Control Act, 49 U.S.C. § 1801 et. seq., Federal Clean
Air Act, 42 U.S.C. § 7401 et. seq., Federal Water Pollution Control Act, 33 U.S.C. § 1321, Federal
Water Act of 1977, 93 U.S.C. § 1251 et seq., Federal Insecticide, Fungicide and Rodenticide Act,
Federal Pesticide Act of 1978, 7 U.S.C. § 136 et seq., Federal Toxic Substances Control Act, 15
U.S.C. § 2601 et seq., Federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., Washington
Water Pollution Control Act, RCW ch. 90.48, Washington Clean Air Act, RCW ch. 70.94,
Washington Solid Waste Management Recovery and Recycling Act, RCW ch. 70.95, Washington
Hazardous Waste Management Act, RCW ch. 70.105, Washington Hazardous Waste Fees Act,
RCW ch. 70.95E, Washington Model Toxics Control Act, RCW ch. 70.105D, Washington Nuclear
Energy and Radiation Act, RCW ch. 70.98, Washington Radioactive Waste Storage and
Transportation Act of 1980, RCW ch. 70.99, Washington Underground Petroleum Storage Tanks
Act, RCW ch. 70.148, and any regulations promulgated thereunder, and any future enacted
laws with similar purposes of protecting the environment.
“Expiration Date” means the earliest of: (i) the date which is fifty (50) years after the
Commencement Date (subject to extension in accordance with the provisions of Section 3.B);
(ii) the date on which this Ground Lease is terminated as a result of the RRFA’s exercise of its
right of first offer to purchase the Leased Property pursuant to the provisions of Section 24
above; or (iii) any date on which this Ground Lease terminates in accordance with its terms.
“Force Majeure” means strikes, war, insurrection or terrorism, labor troubles, acts of
God, governmental requirements, shortages of fuel, labor or building materials or any other
cause beyond the reasonable control of a Party to this Ground Lease. Financial inability is not
an event of Force Majeure.
“Governmental Authority” means any national, state, provincial, local, tribal or
municipal government, any political subdivision thereof or any other governmental, regulatory,
quasi-governmental, judicial, public or statutory instrumentality, authority, body, agency,
department, bureau, or entity with authority to bind a Party at law; provided, however, that
“Governmental Authority” will not in any event include any Party.
“Hazardous Substances” means any material, waste, substance, industrial waste, toxic
waste, chemical contaminant, petroleum, asbestos, polychlorinated biphenyls or other
substances regulated or classified by Environmental Laws as hazardous, toxic or lethal to
persons or property.
“Law” or “Laws” means any constitution, statute, ordinance, regulation, rule, resolution,
judicial decision, administrative order or other requirement of any Governmental Authority
having jurisdiction over the Parties or the Leased Property, or both, in effect either on the
Commencement Date of this Ground Lease or at any time during the Term, including without
AGENDA ITEM #4. c)
A-2
limitation, any regulation or order of a quasi official entity or body (e.g., board of fire examiners
or public utilities) including, but not limited to Environmental Laws and all rules, laws and
regulations issued thereunder, as the same may be amended from time to time.
“Person” means a natural person, firm, corporation, partnership, limited liability
company, a trust, an unincorporated organization, a Governmental Authority or any other
separate legal entity, public or private.
AGENDA ITEM #4. c)
B-1
EXHIBIT B
LEGAL DESCRIPTION OF THE LEASED PROPERTY
LOTS 3 THROUGH 8, INCLUSIVE, BLOCK 44, CORRECTED PLAT, RENTON
HIGHLANDS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME
57 OF PLATS, PAGES 92 THROUGH 98, INCLUSIVE, IN KING COUNTY,
WASHINGTON.
AGENDA ITEM #4. c)
King County Comprehensive Plan Update
Back�round
One of the primary difficulties the City has had with annexing areas from King County is the
inconsistencies with the County's land development regulations and zoning compared to the City's land
development regulations and zoning. For example, the County requires road standards with wide roads
and rolled curbs, allows for Transfer of Development Rights (TDR's), and calculates density based on
gross density. The resulting built environment is very different than Renton's vision for its
neighborhoods. In response to these challenges, Renton City Council adopted a resolution in 2012.That
resolution asked the County to engage the City in discussions regarding a potential interlocal agreement
to address the following:
1. In land use matters, allow the County Hearing Examiner to consider testimony from the City as
evidence in decision making.
2. Review and consider amendments to County Comprehensive Plan land use designations and
zoning for reasonable consistency with Renton Comprehensive Plan land use designations and
pre-zoning.
3. Evaluate transportation concurrency, levels of service, and high accident areas comprehensively;
to include areas within Renton City limits that abut or are adjacent to County boundaries.
4. In Renton's Potential Annexation Areas (PAA's), limit where TDR's can be received to areas
planned for higher density(at least 10 dwelling units per acre).
Current Status
To date,the County has not taken steps to engage Renton in a potential interlocal agreement. In fact,
the current draft of the 2016 Executive Recommended update to the County Comprehensive Plan
includes several proposed amendments to the policies that are concerning. Two of those are below
with proposed deletions s#�ie�er�and new text underscored.
U-126 King County, when evaluating rezone requests for increases in density, shall�e�-v�+t�notifv the
city whose PAA includes the property under review; if a pre-annexation a�reement exist, Kin�
Countv shall work with the citv to ensure compatibility with the city's pre-annexation zoning for
the area. King County shall also notify special purpose districts and local providers of urban
utility services and should work with these service providers on issues raised by the proposal.
U-208 King County s#aN-sea�si�:�;~;;;��:;:o will en�a�e in joint planning processes for the
urban unincorporated areas������«*"^{���;";��*„^{in tandem with the annexin� citv upon a
commitment from the citv to annex throu�h an interlocal a�reement. Such plannin� mav
consider land use tools such as:
a. Traditional subarea plans or areawide rezonine�
b. Allowing additional commercial, industrial and high density residential development
through the application of new zoning'
c. Transfers of Development Ri�hts that add units to new development nroiects; and
d. Application of collaborative and innovative approaches
Kin�Countv will work throu�h the Growth Mana�ement Plannin�Council to develop a plan to
move the remainin� unincorporated qotential annexation areas toward annexation.
Finally, the Update includes a proposed schedule for engaging in planning with the seven Community
Service Areas over the course of the next eight years.The "sequencing was determined by subarea plans
already underway, the ability to partner with other jurisdictions, anticipated land use changes within a
Community Service Area, and striving for a countywide geographic balance in alternating years". For the
Four Creeks/Tiger Mountain area which includes the East Renton Plateau area (where most annexations
to Renton have been occurring for the last several years) is not scheduled until 2020.
Concern
Collectively and separately,these proposed amendments run counter to King County Countywide
Planning (CPP) Policy DP-26 which states that the County will "Develop agreements between King County
and cities with Potential Annexation Areas to apply city-compatible development standards that will
guide land development prior to annexation". The proposed amendments put conditions on the
requirement embodied in this CPP. Policy U-126, as proposed, states that the County will only work
with cities in regards to rezone requests if a pre-annexation agreement exists; zoning directly relates to
development standards. Further, proposed Policy U-208 states that the County will engage in joint
planning only if the city makes a commitment through an interlocal agreement to annex the area.With
the adoption of Renton's PAA's the City has made a strong commitment to annex the areas. Since 2012,
the City has sought to develop a strong working relationship with the County on matters of annexation
areas transitioning to City jurisdiction. The current Update to the King County Comprehensive Plan
works to diminish the City's request and adds unnecessary and arbitrary requirements that are in
conflict with previously adopted CPP's.
The Update to the King County Comprehensive Plan has been transmitted by the Executive to the
County Council and is anticipated to be adopted near the end of the year.