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Home My WebLink AboutCouncil 10/20/2008 : AGENDA RENN CITY COUNCIL REGULAR MEETING October 20, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: United Way Campaign 4. PUBLIC HEARINGS: a. Springbrook Terrace Annexation- Intent to Annex,under the Unincorporated Island method, approximately 19.9 acres located south of S. 55th St., east of Talbot Rd. S. b. Boeing Sub-District 1-B revised Planned Action Ordinance and amended Conceptual Plan 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 10/13/2008. Council concur. b. City Clerk submits quarterly contract list for period of 7/1/2008 through 9/30/2008 and expiration report for agreements expiring 10/1/2008 to 3/31/2009. Information. c. Community and Economic Development Department recommends amending multi-family housing property tax exemption regulations to provide application deadline flexibility, and to approve submission of such application for the Liberty Square Apartments(a.k.a. 5th& Williams). Refer to Planning and Development Committee. d. Community Services Department recommends approval of a contract in the amount of$29,232 with seArch DDB for design services for the Jones Park ADA Public Restroom Building project. Refer to Finance Committee. e. Fire and Emergency Services Department recommends approval of a memorandum of agreement with Pierce County regarding urban search and rescue efforts. Council concur. (See 9. for resolution.) f. Police Department recommends acceptance of a grant from the Washington Auto Theft Prevention Authority(WAFTA)in the amount of$70,962, approval to add one full-time investigator position in the Police Department, contingent upon continuation of the grant funding, and amending the 2008 Budget. Refer to Public Safety Committee. g. Transportation Systems Division requests approval to increase the Airport fuel flowage fee from two cents($0.02)per gallon to six cents($0.06)per gallon to fund operations and improvements at the Airport. Refer to Transportation(Aviation)Committee. h. Transportation Systems Division recommends approval of a contract in the amount of$26,400 with Allen Bracket Sheddfor the Boeing leased property survey. Council concur. • (CONTINUED ON REVERSE SIDE) i. Transportation.Systems Division recommends approval of addenda to airport leases LAG-85-011 and LAG-84-033, with Kaynan, Inc.,to increase their total ground lease rate per appraisal by $24,604.75 annually through 5/31/2011, and to readjust thereafter using the CPI index. Refer to Transportation(Aviation)Committee. j. Transportation Systems Division recommends approval of Supplemental Agreement No. 2 to CAG-07-162, with Pacific Engineering Design, LLC,in the amount of$22,300 for additional design services for the 2007 Citywide Sidewalk and Curb Ramps project. Council concur. k. Utility Systems Division recommends approval of a grant agreement with King Conservation District No. 9 to accept$110,000 for the Carr Rd./Panther Creek Emergency Culvert Repair project, and approval to amend the 2008 Budget for the Surface Water revenue and expenditure accounts. Council concur. (See 9.a. for ordinance.) 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: Boeing Sub-District 1-B Planned Action and Conceptual Plan* b. Community Services Committee: Welcome to Renton Sign Agreement; Establish Housing Opportunity Fund* 9. RESOLUTIONS AND ORDINANCES Resolution: Memorandum of Agreement with Pierce County regarding urban search and rescue efforts(See 7.e.) Ordinances for first reading: a. 2008 Budget amendment for Carr Rd./Panther Creek Emergency Culvert Repair project. (See 7.k.) b. Boeing Sub-District 1-B revised Planned Action Ordinance and amended Conceptual Plan(See 8.a.) 1/46011 c. 2008 Budget amendment re: Housing Opportunity Fund creation(See 8.b.) Ordinance for second and final reading: Amending gambling tax regulations(1st reading 10/13/2008) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Conferencing Center 6:00 p.m. Emerging Issues in Community&Economic Development; Boeing Sub-District 1-B Conceptual Plan Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • NW CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT I1 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM �Y ti ae• SPRINGBROOK TERRACE ANNEXATION PUBLIC HEARING October 20, 2008 The City has initiated the annexation of the area identified as Springbrook Terrace using the Unincorporated Island method. Under RCW 35A.14.295, a code city may annex unincorporated areas that are less than one hundred acres and are at least eighty percent surrounded by city limits. This process was initiated by the reading of a resolution on September 22, 2008. The proposed Springbrook Terrace Annexation site is generally located south of S 55`h Street, east of Talbot Road South, and north of the Springbrook watershed. The approximately 20-acre site is located in the City's Potential Annexation Area. The area is designated Residential Low Density (RLD) on the City's Comprehensive Plan Land Use Name Map. The site currently has King County R-6 zoning. The City held a public hearing regarding the zoning of this area on October 1, 2007. The zoning of R-4 and R-1 will become effective upon annexation. Council is required to hold tonight's public hearing in order to afford residents of the area the opportunity to be heard. Following this hearing, the proposed annexation will be submitted to the King County Boundary Review Board for review. Upon approval of the Boundary Review Board, the City may adopt an ordinance effectuating the annexation. The annexation would be effective 45 days following the publication of the second reading of the ordinance. .., ..........„- . Ni1001 . , ...,..., . ....., . , . .. 's 53rd PI .. ;::•-•', ''' . . .. . ... . . . . . •,,,,,, , . . .. .. ' . • . • • • .-• .., „„- „. „.. , . • ' ,• -. . • ',:•. S 55th St .. . „':,•;',,,',..);111 ', • ..: „..,1 -• ,',....‘,.z. . „,..; . ......,, ,.. •,' ' ','„,41111111 • -..f .2: ' „, . •.' • •: ,, ': ..,'Illpir '-';';•'1•:'"' , •••, A•••.'..,'• • , • ..,:„ , , :,. . 11,,,,, . ....... , . , . .. .. .., . ,... . . . , . , • , . , . .„ ...,..„. . . . .. , ., .. 11 . • ., ._. .. ..... .,..,..„.. . -• ,••.- • ----- ?.,..............„„ g.: . , , . .. .. .. . . .. . . . . . . ,. . . . . . ,. . . ,...s , , ...... . . . 444414444111141,914111%..ftmilips lift* 1 ' %OP „ .. aillili . . . . . ' 1 . rippartrnAnt+nf i";amm Lin i ty Springbrook Terrace (":"'..,tr.,:' ''''')Si Economic Development Legeftd Annexaton Area ,---.1N; .1.,(V.,,,,,i1•4i.„'"„.,:,.•,•s•ilt-3•te _ ''''''k". .'‘..',S1.r.:,..1•1„P:batex .,'.7.-•inc.'at,•n... L.---1 Epriroprook'bifaces Ann9x41.2,Etainiory +, 'I 1„, ! . . , . 'Illid (cYO biA BOEING SUB-DISTRICT 1-B CONCEPTUAL PLAN & PLANNED ACTION PUBLIC MEETING COUNCIL CONSIDERATION OF THE AMENDED CONCEPTUAL PLAN AND PLANNED ACTION ORDINANCE October 20, 2008 This Hearing will provide the public with an opportunity to comment on the following issues: The Boeing Company is requesting approval of Planned Action legislation and an Amended Conceptual Plan, as required by Boeing's Development Agreement with the City of Renton. The 50.7-acres of surplus Boeing property identified as"Sub-District 1-B"is bounded by Logan Avenue N on the west, Garden Avenue N on the east,N 8th Street on the north, and N 6th Street on the south. The original Conceptual Plan was approved by City Council in November of 2005, which is represented as"Scenario 1"within the Amended Conceptual Plan. The subject site is zoned Urban Center North 1 (UC-N1)and is designated Urban Center North on the Comprehensive Plan Land Use Map. Additional public comment opportunity will be available, for site- specific development, at the Master Plan and Site Plan stages. Amended Conceptual Plan: The proposed Amended Conceptual Plan continues to divide the property into two distinct parts: the northerly *ow' 21.2 acres that is currently know as North 1-B and has been identified as surplus by Boeing operations and is available for near-term redevelopment. The southern portion of the sub-district currently known as the Boeing Remainder, which contains 660,000 square feet of existing office buildings with re-use potential and 12.85 acres of remaining land available for in-fill redevelopment. This Amended Conceptual Plan addresses development under several alternative scenarios: Scenario 1, a retail complement to The Landing's urban retail center to the north; Scenario 2, a combination of office, employment, and hotel uses undertaken as separate development by potential developers; or Scenario 3, some combination of Scenarios 1 and 2. The Boeing Co. Development Agreement states, "The Council will base its approval on the proposed Conceptual Plan's fulfillment of the adopted Comprehensive Plan Vision and Policies for the Urban Center North." Once adopted, the City will use the Conceptual Plan to evaluate all subsequent development permit applications within the sub-districts based on consistency. Planned Action: The applicant is also requesting the Council adopt a Planned Action Ordinance. This Planned Action would be combined with the Boeing Renton Comprehensive Plan Amendment Environmental Impact Statement (EIS) completed in October 2003. The approval of Planned Action legislation would streamline the permitting process by utilizing existing environmental documentation, as allowed by RCW 43.21C.031 and WAC 197- 11-164, 168 and 315. As a result of approving this Planned Action Ordinance, development permit applicants would be required to submit an environmental consistency analysis and receive subsequent approvals from the City's Environmental Review Committee (ERC). A consistency analysis would be required as individual master plans and/or site plans are proposed. In addition, the adoption of Planned Action legislation provides added entitlement and scheduling predictability as developers begins to prepare for the redevelopment of the 50.7-acre site. Now' !._•mos'i 'f�,.''. '++IBC5 t u- . � ;-. ,snk n t•� � +' r - .4.001 s i ifl T,I Itlkt eI.e a 6t Ia tf „�- ..---,'-'2;...-.77:..7.7::„..;.;-, t 'k � ....,-__F„. 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' 12bmsttual ReSu -Dirifor UAUS- ed CocepLAmendQFeet Aryi .Y - O0- + d:ensite ctProjeA".a:<;:I•:'''-'...1' •1.imuny eComenPP+ent of elopmparmc DevalsDeonom .il,nyRtlYtllo tRn1»hr,:Hrsn NF>_,p;fx':.)rll : st_ Nosoii tilt Pe- CITY OF RENTON COUNCIL AGENDA BILL Al#: a Submitting Data: For Agenda of: 10/20/2008 Dept/Div/Board.... AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing City of Renton Contract Lists: Correspondence * 3rd Quarter 2008 Ordinance * Six-month Expiration Report Resolution Old Business Exhibits: New Business List of agreements signed from July 1, 2008 through Study Sessions September 30, 2008; Information X List of agreements expiring between October 1, 2008 and March 31,2009 Recommended Action: Approvals: Legal Dept None; Information only Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project... SUMMARY OF ACTION: The quarterly contract report shows 62 agreements executed between the City and outside parties and/or agencies during the third quarter of 2008. The six-month expiration report shows 163 agreements expiring between October 1, 2008 and March 31, 2009. STAFF RECOMMENDATION: None; Information only Contrac( 'Lilly Executed Between 07/01/2008 and 0( )12008 10/15/ . Original Current CONTRACT Addendum Contract Contract Number Number Fully Executed Contractor Description Division Expiration Amount Amount Class CAG-91-083 Adden#2-08 07/21/2008 075986-SOOS CREEK WATER& Soos Creek Water&Sewer District-Transfer PBPW 12/31/2999 $0 $o M SEWER DIST of Facilities and for the establishment of service boundaries CAG-02-134 Adden#6-08 08/08/2008 042369-KING CNTY FINANCE King County Department of Transportation, PBPW 06/30/2009 $30,206 $254,956 P Road Services-USACE Cedar River Section 205 Flood Reduction Project;Landsburg Gravel Supplementation Mitigation Element CAG-03-131 Adden#8-08 08/25/2008 009258-BERGER/ABAM Berger/Abam Engineers Inc.-Duvall Ave PBPW 12/31/2009 $744,520 $2,018,100 p ENGINEERS INC Widening project from SR 900 to north city limits CAG-06-065 Adden#3-08 09/24/2008 021470-DMJM HARRIS Rainier Av/BNSF Improvements Final Design PBPW 12/31/2008 $757,248 $1,311,863 P CAG-06-082 Adden#4-08 09/10/2008 042772-KPG INC Rainier Ave(S 4th PI to S 2nd St)/Hardie Ave PBPW 12/31/2008 $2,736,425 $4,505,797 P Transit Improvement Project PE/ED PS&E ROW Design Contract CAG-06-097 Adden#33-OE 07/15/2008 Addendum#33 of Eastside Fiber Consortium FIS 12/31/2008 $0 $0 M (3 aciecienda 4+'s uviir) General Terms&Conditions for Sharing of Fiber Optic Installation Projects. CAG-06-191 Adden#3-08 07/21/2008 020180-DAVID EVANS& S.3rd St.&Shattuck Ave.S. Intersection PBPW 12/31/2008 $38,911 $51,877 p ASSOCIATES INC Safety Improvements Design CAG-07-008 Adden#3-08 07/22/2008 020180-DAVID EVANS& Prepare and process WSDOT signal permit PBPW 10/15/2008 $7,100 $51,721 P ASSOCIATES INC application for Sunset/Hoquiam signalization CAG-07-047 Adden#2-08 07/24/2008 009510-BHC CONSULTANTS BHC Consultants, LLC to remedy an existing PBPW 02/28/2009 $49,996 $89,934 P LLC surface water problem located at 2302 Camas Ave, resulting from surface water runoff discharging via Dayton Ave NE, NE 22nd St and surrounding areas Page 1 of 7 Original Current CONTRACT AddendumContract Contract Number Number Fully Executed Contractor Description Division Expiration Amount Amount Class CAG-08-048 Adden#1-08 07/31/2008 060869-PACE ENGINEERS INC PACE, Engineers, Inc.- Surveying Services CS 12/31/2008 $79,500 $79,500 P Agreement for Surveying the Cedar River Natural Zone Boundary CAG-08-063 Adden#1-08 07/11/2008 061684-PHINNEY/BISCHOFF Phinney Services Interactive Map - CS 04/30/2010 $2,700 $2,700 P DESIGN HOUSE Consultant agreement for online map of Community Services amenities in Renton CAG-08-103 07/09/2008 The Maus Group - Hourly Project Mgmt CS 12/31/2008 $18,000 $18,000 P Service CAG-08-106 07/09/2008 001902-ALLIANCE 2020 Alliance 2020- Provides background checks HR 07/11/2009 $2,000 $2,000 P for Fire Department CAG-08-066 07/17/2008 Logan Avenue N. Bike Lane&Channelization PBPW 09/30/2008 $334,565 $334,565 P Revision(Federal Aid#: STPE-1070(006)) CAG-08-072 07/18/2008 Daktronics, Inc.- Readerboard Replacement CS 09/20/2008 $115,547 $115,547 P at RCC CAG-08-107 07/16/2008 Qwest Corporation - Duvall Ave NE Widening PBPW 12/31/2010 $0 $0 R Project/Coal Creek Parkway SE Reconstruction-undergrounding utitlity conversion construction agreement with Qwest CAG-08-108 07/17/2008 3008-HARRINGTON SQUARE ASS' Agreement between the City and Harrington PBPW 12/31/2024 $600,000 $600,000 R Square Associates for the cost sharing of the Highlands Water Main Improvements Project CAG-08-110 Adden#1-08 07/24/2008 021968-DOUGLAS H Doug Pedersen- Economic Research AJLS 05/31/2010 $28,000 $28,000 P PEDERSEN, &ASSOCIATES Services amount for 2 years ( ( Page2of7 CONTRACT ndum �c Original Current Number ,nber Fully Executed Contractor Description Division Expiration Contract tract ! Amount nount Class CAG-08-121 07/19/2008 035450-HR ANSWERS INC HR Answers, Inc-Job Classification Study HR 10/31/2008 $8,050 $8,050 p PAG-08-003 07/14/2008 Sam's Real Estate Business Trust-Agreement CS 12/31/2999 $0 $0 M for overflow parking in the Sam's Club parking lot for City Hall. Auto-renewal after 1st year. CAG-08-039 07/25/2008 Greater Seattle Floors-Renton Community CS 09/12/2008 $154,499 $154,499 p Center Gym Floor Replacement CAG-08-112 07/23/2008 023956-EMERGENCY FEEDING Emergency Feeding Program of Seattle&King CS 12/31/2008 $10,055 $10,055 p PROGRAM County-Food Program CAG-08-113 07/23/2008 037556-INSTITUTE FOR FAMILY Institute for Family Development- PACT CS 12/31/2008 $12,868 $12,868 P DEV Program CAG-08-114 07/23/2008 017602-COMMUNITIES IN Communities in Schools of Renton-Liaison CS 12/31/2008 $12,394 $12,394 p SCHOOL INC Program CAG-08-120 07/24/2008 056490-NW HYDRAULIC Northwest Hydraulic Consultants, Inc- PBPW 01/30/2009 $19,992 $19,992 p CONSULTANTS INC Sediment Survey of Cedar River CAG-08-071 07/30/2008 Krueger Sheet Metal Co.-Roof Replacement CS 10/15/2008 $246,811 $246,811 p for the Renton City Shops Buildings A-2, B and C CAG-08-090 07/30/2008 074570-SHORELINE Shoreline Construction,Co.-White Fence PBPW 12/31/2009 $1,071,008 $1,071,008 p CONSTRUCTION CO Ranch Sanitary Sewer Extension Page 3 of 7 Original Current CONTRACT Addendum Description Contract Contract Number Number Fully Executed Contractor Division Expiration Amount Amount Class CAG-08-109 07/31/2008 1067-KING CNTY King County Public Health-Injury Prevention Fire 12/31/2008 $8,407 $8,407 R Mini-Grant Rev. $8,407&Exp$4,164 CAG-08-116 07/30/2008 039194-J D STRIPING J.D. Striping -Parking Lot Maintenance CS 12/31/2008 $35,187 $35,187 P CAG-08-117 07/30/2008 068180-RH2 ENGINEERING INC RH2 Engineering-Replace Transformers& PBPW 03/31/2009 $24,948 $24,948 P Emergency Power Connections-Design CAG-08-119 07/30/2008 073289-SEATTLE TIMES Seattle Times - Recruitment Advertising HR 12/31/2008 $10,000 $10,000 P COMPANY CAG-08-123 08/07/2008 015406-CHILDRENS HOME Children's Home Society of WA- CS 12/31/2008 $12,393 $12,393 P SOCIETY OF WA Strengthening Families Program LAG-08-007 08/05/2008 AcuWings, LLC-Building and Ground Lease PBPW 12/14/2014 $220,385 $220,385 R for the 760 leased area at the Airport. It includes two manufactured buildings,one of which will be moved from Apron B to the leased site. CAG-08-074 08/14/2008 Western Asphalt, Inc.-2008 Street Overlay PBPW 12/31/2008 $1,074,889 $1,074,889 P with Curb Ramps CAG-08-122 08/13/2008 WSDOT- Logan Avenue N. Bike Lane& PBPW 09/30/2008 $60,873 $60,873 p Channelization Construction Mgt Services CAG-08-124 08/10/2008 009653-BILFINGER Bilfinger/Tri State Joint Venture(BTJV)- PBPW 09/30/2008 $42,547 $42,547 p Engineering Agreement for Utility Relocation for 1-405 Page 4 of 7 (4., CONTRACT sndum Original Current Number ( tuber Fully Executed Contractor Description Division Expiration Contract ( ntract Amount mount Class • CAG-08-134 08/22/2008 Alliance 2020- Background checks- HR 08/22/2009 $5,000 $5,000 P employees&volunteers CAG-08-089 08/27/2008 012164-BUNO CONSTRUCTION Buno Construction, LLC.- Renton Highlands PBPW 08/31/2009 $983,263 $983,263 P LLC 565 Zone Water Main Improvements- WTR-27-3179 CAG-08-102 08/27/2008 071690-SCOTT COATINGS LLC Scott Coatings, LLC.-Mt.Olivet&South PBPW 07/31/2009 $62,379 $62,379 p Talbot Reservoir Recoating CAG-08-126 08/26/2008 JGM Landscape Architects- Ron Regis Park CS 09/30/2009 $243,249 $243,249 p Phase II Improvements CAG-08-129 08/25/2008 Renton Sports&Spine Physical Therapy - CS 09/08/2008 $1,000 $1,000 R Co-sponsoring 2008 Renton Soccer Challenge, contributing$700 CAG-08-130 08/25/2008 Aussie Pet Mobile - Co-sponsoring 2008 CS 12/08/2008 $1,000 $1,000 R Canine Candy Cane 5K Fun Run,contributing $1,000 CAG-08-131 08/27/2008 MRP Engineering, LLC- Engineering CS 07/30/2009 $29,000 $29,000 p Services for the Seismic Retrofit of Fire Station 11 CAG-08-095 09/02/2008 061685-THE PHOINIX The Phoinix Corporation-Maplewood Creek PBPW 10/31/2008 $74,947 $74,947 p CORPORATION Sediment Basin 2008 Cleaning&Maintenance Project CAG-08-133 09/04/2008 068487-R L ALIA COMPANY R.L.Alia Company-Carr Rd/Panther Creek PBPW 12/31/2008 $474,771 $474,771 p Emergency Culvert Repair Project Page 5 of 7 Original Current CONTRACT Addendum Number Number Fully Executed Contractor Description Division Expiration Amount Contract Amount Amount Class CAG-08-135 09/03/2008 010232-BLUMEN CONSULTING Blumen Consulting Group, Inc.- EDNSP 03/31/2009 $16,850 $16,850 P GROUP INC Environmental Analysis for porosed amendment to Boeing Renton Plant sub-district 1B CAG-08-101 09/09/2008 Construct Co, Inc.-SR 900(NE Sunset PBPW 12/31/2008 $275,596 $275,596 P Boulevard)and Hoquiam Avenue NE Traffic Signal Project CAG-08-115 09/10/2008 062035-PIVETTA BROS Pivetta Construction-Dayton Av NE/NE 22nd PBPW 06/01/2010 $162,990 $162,990 P CONSTRUCTION INC St Drainage Improvement Project- SWP-27-3296 CAG-08-136 09/10/2008 URS Corporation-Airport Runway Resurfacing PBPW 08/01/2010 $23,755 $23,755 P Project-Ph III CAG-08-137 09/11/2008 URS Corporation-Airport Layout Plan PBPW 12/31/2009 $40,573 $40,573 P Update-Ph II CAG-08-068 09/17/2008 Olympic Roofing&Remodel, LLC- Roof CS 10/15/2008 $74,556 $74,556 P Replacement at the North Highlands Neighborhood Cente CAG-08-140 09/17/2008 DMJM Harris- S Lake Washington Roadway PBPW 12/31/2008 $145,700 $145,700 P Improvement CAG-08-141 09/15/2008 031906-HDR ENGINEERING INC Water Distribution Storage Study PBPW 03/31/2009 $128,162 $128,162 P CAG-08-154 09/19/2008 PND, Engineers, Inc. -Coulon Park Fishing CS 12/31/2008 $10,000 $10,000 P Pier Fire Damage Repair-Design and Permit Coordination for the fishing pier reconstruction .. (t„ - — ' ( Page 6of7 . . CONTRACT =,ndum Onoinal '1urrent Number .tuber Fully Executed Contractor Descriptior Division Expiration Amount nount Amount ,.mount Class • CAG-08-143 09/25/2008 041650-KING CNTY OFFICE OF King County- Cooperative Purchasing PBPW 12/31/2999 $0 $0 M FINANCE Agreement to expedite the purchase of capital items CAG-08-144 09/23/2008 Perteet, Inc.- SW 27th/Strander Blvd Union PBPW 12/31/2008 $269,935 $269,935 P Pacific Railroad Realignment Ph 1, Segment 2A CAG-08-145 09/24/2008 Diamond Parking, LLC -Operate the City CS 09/20/2009 $9,000 $9,000 p Center Parking Garage-1 year CAG-08-148 09/24/2008 079524-KIDDE FIRE TRAINERS Kidde Fire Trainers-Live Fire Training System Fire 12/31/2011 $43,092 $43,092 p INC Service-3 year contract CAG-08-152 09/26/2008 Comcast of Washington IV, Inc.-Joint Trench PBPW 12/31/2010 $83,010 $83,010 R construction agreement for Duvall Av NE/Coal Creek Parkway($83,010 receivable) CAG-08-153 09/26/2008 061760-MEDTRONIC Medtronic/Physio-Control, Inc- Fire 07/10/2009 $15,904 $15,904 p PHYSIO-CONTROL CORP Defibrillator/Monitor Service&Maint Agreement P = Payables $14,749,796 R = Receivables $913,802 Fully Executed Contracts This Period: 62 M = Misc $0 \\central\sys2\apps\informgold\reports\sitespec\renton\reports\cmBria n H ilderman 1.rpt Page 7 of 7 . Contrac, xpiring Between 10/01/2008 and 03/31/2( ) 10/10/ Original Current CONTRACT Addendum Contract Number Number Fully Executed Contractor Division Expiration Con Amount Amountu Class CAG-07-008 Adden#3-08 01/25/2007 020180-DAVID EVANS& Prepare and process WSDOT signal permit PBPW 10/15/2008 $7,100 $51,721 P ASSOCIATES INC application for Sunset/Hoquiam signalization CAG-08-068 09/17/2008 Olympic Roofing&Remodel, LLC- Roof CS 10/15/2008 $74,556 $74,556 P Replacement at the North Highlands Neighborhood Cente CAG-08-071 07/30/2008 Krueger Sheet Metal Co.-Roof Replacement CS 10/15/2008 $246,811 $246,811 p for the Renton City Shops Buildings A-2, B and C CAG-07-101 05/24/2007 034184-HIGHLINE COMMUNITY Join the Renton Chamber of Commerce and EDNSP 10/22/2008 $75,000 $75,000 P COLLEGE Renton Technical College to support the efforts of a Small Business Development Center in Renton. LAG-93-004 10/28/1993 Lease-BHC, Inc-Transfer of lease of airport PBPW 10/28/2008 $0 $0 R area around building 850 from Bruce Leven to BHC, Inc.Addenda 1 -3-rental rate increases.Term: 10/28/2008 CAG-08-059 07/01/2008 076379-SPIRITRIDGE Spiritridge Construction, Inc.- Playfield& CS 10/30/2008 $264,664 $264,664 p CONSTRUCTION INC Irrigation improvements for Thomas Teasdale Park CAG-05-189 11/02/2005 064108-PUBLIC SAFETY Public Safety Testing for Entry Level Police HR 10/31/2008 $7,000 $7,000 P TESTING INC Officers&Jailers CAG-06-081 05/10/2006 036580-IKON OFFICE Rental Agreement for three printers in the Print FIS 10/31/2008 $188,000 $188,000 p SOLUTIONS Shop(PCP1050-$24,048;CPP500-$26,508; CPP500-$26,508) CAG-08-095 09/02/2008 061685-THE PHOINIX The Phoinix Corporation-Maplewood Creek PBPW 10/31/2008 $74,947 $74,947 p CORPORATION Sediment Basin 2008 Cleaning&Maintenance Project CAG-08-105 05/28/2008 005250-AQUA TECHNEX LLC Aquatechnex, LLC.- Milfoil treatment project CS 10/31/2008 $5,178 $5,178 P at Coulon&Kennydale Beaches Page 1 of 17 CONTRACT Addendum ContracCurrent Number Number Fully Executed Contractor Division Expiration Contrunt Contract Amount Amount Class CAG-08-121 07/19/2008 035450-HR ANSWERS INC HR Answers, Inc-Job Classification Study HR 10/31/2008 $8,050 $8,050 P CAG-07-059 Adden#2-08 04/13/2007 060277-PARAMETRIX INC Contract Agreement with Parametrix, Inc.to PBPW 11/07/2008 $183,316 $217,104 P perform transportation and storm system improvements along Ripley Lane North(Gypsy Creek flooding). CAG-08-083 03/25/2008 035300-HOUGH BECK&BAIRD Hough Beck&Baird, Inc.- Contract CS 11/08/2008 $15,230 $15,230 P INC Agreement for Recreation and Conservation Office Grant Funding Assistance for improvements to Ron Regis Park CAG-07-197 11/26/2007 091535-W&H PACIFIC INC W&H Pacific-Surveying Agreement-Levels: PBPW 11/26/2008 $17,495 $17,495 P Green Valley, Kennydale: Monument Maintenance CAG-08-077 05/30/2008 071779-SEA REACH LTD Sea Reach, LTD.-Consultant Agreement for EDNSP 11/30/2008 $67,545 $67,545 P Downtown Advance Directional Wayfinding Signs ' CAG-08-130 08/25/2008 Aussie Pet Mobile - Co-sponsoring 2008 CS 12/08/2008 $1,000 $1,000 R Canine Candy Cane 5K Fun Run,contributing $1,000 CAG-06-005 02/01/2006 039191 -JGM LANDSCAPE Design Consultant for Tri-Park Master Plan CS 12/15/2008 $84,190 $84,190 P ARCHITECTS (Liberty Park, Cedar River Park&NARCO Property) CAG-06-011 02/02/2006 005725-ARBITRAGE Perform calculations and services relating to FIS 12/15/2008 $0 P COMPLIANCE arbitrage rebate and/or penalty election requirements in IRS Code Sec 148(f) CAG-01-071 Adden#10-0E 06/05/2001 061292-PERTEET Perteet Engineering-Consultant Agreement PBPW 12/31/2008 $600,318 $1,195,907 P ENGINEERING INC for Maple Valley Highway(SR 169)HOV/ Queue Jump 140th Way SE Intersection Improvements, and vicinity of 1-405 Northbound Freeway Ramps ,) Page 2 of 1 i Original urrent CONTRACT ndum Contract Number ber Fully Executed Contractor Division Expiration tract Amount mount Class CAG-01-155 Adden#2-07 08/29/2001 1256-WA ST DOT Wa Transportation-Grant Fund from WSDOT PBPW 12/31/2008 $300,000 $300,000 R for participation for Final Design for SR 169 HOV CAG-05-063 04/25/2005 045535-LUMENA LIGHTING HMAC Engineering&Lighting Svcs CS 12/31/2008 $17,000 $17,000 p CAG-05-103 06/28/2005 400018-RETIRED&SENIOR 2005 RSVP Memorandum of Understanding AJLS 12/31/2008 $0 $0 M VOLUNTEER, PROGRAM CAG-05-113 07/21/2005 031770-GROUP HEALTH 2005 Agreements for Group Health Medical HR 12/31/2008 $287,000 $287,000 P COOPERATIVE,OF PUGET Coverage SOUND CAG-05-124 08/11/2005 100003-UNITED WAY OF KING Interlocal Agreement to Receive Community 12/31/2008 $0 $0 M COUNTY Development Block Grant Funds(Grant amount$283,361) CAG-05-181 11/09/2005 100013-RENTON POLICE 2006-2008 bargaining agreement Police 12/31/2008 $0 $0 M OFFICERS GUILD CAG-05-182 11/09/2005 067110-RENTON 2006-2008 bargaining agreement Fire 12/31/2008 $0 $0 M FIREFIGHTERS LOCAL 864 CAG-05-183 11/01/2005 011181 -BRADLEY&GUZZETTA Cable TV Franchise Management&Renewal AJLS 12/31/2008 $157,500 $157,500 P LLC Consulting Services CAG-05-190 11/28/2005 067110-RENTON Labor agreement for 2006-2008 HR 12/31/2008 $0 $0 M FIREFIGHTERS LOCAL 864 CAG-05-195 Adden#1-07 11/23/2005 069671 -ROTH HILL Roth Hill Engineering partners, LLC-Annual PBPW 12/31/2008 $258,599 $279,100 P ENGINEERING PARTNERS, LLC Consultant Agreement for the design of the central plateau interceptor phase II project. CAG-05-196 11/28/2005 100013-RENTON POLICE 2006-2008 bargaining agreement HR 12/31/2008 $0 $0 M OFFICERS GUILD Page 3 of 17 Oriqinal Current CONTRACT Addendum Contract Contract Number Number Fully Executed Contractor Division Expiration Amount Amount Class CAG-05-198 12/01/2005 065294-R L EVANS COMPANY Identify the responsibility of the City and its HR 12/31/2008 $35,000 $35,000 P INC broker in negotiating and obtaining employee benefits and related services CAG-05-208 12/22/2005 100012- 2006-2008 labor agreement HR 12/31/2008 $0 $0 M WSCCCE/AFSCME/AFL-CIO CAG-06-001 Adden#1-06 01/12/2006 030097-GM2 SYSTEMS Information Management Services FIS 12/31/2008 $117,012 $237,540 P CAG-06-018 02/13/2006 085330-VALLEY Transfer ownership of software license for FIS 12/31/2008 $0 P COMMUNICATIONS CENTER Custom XML Interface from City of Renton to ValleyCom CAG-06-030 03/01/2006 License Agreement for web-based Police FIS 12/31/2008 $16,320 $16,320 P Incident Reporting; maintenance fee(quoted cost for 3 years) CAG-06-032 08/09/2006 041648-KING CNTY EASTSIDE City's Membership in Eastside Forum on PBPW 12/31/2008 $500 $500 P TRAN,C/O SALLY MARKS Transportation Issues CAG-06-033 08/10/2006 041648-KING CNTY EASTSIDE City's Membership in South County Area PBPW 12/31/2008 $75 $75 P TRAN,C/O SALLY MARKS Transportation Board on Transportation Issues CAG-06-065 Adden#3-08 04/17/2006 021470-DMJM HARRIS Rainier Av/BNSF Improvements Final Design PBPW 12/31/2008 $757,248 $1,311,863 P CAG-06-082 Adden#4-08 05/12/2006 042772-KPG INC Rainier Ave(S 4th PI to S 2nd St)/Hardie Ave PBPW 12/31/2008 $2,736,425 $4,505,797 P Transit Improvement Project PE/ED PS&E ROW Design Contract CAG-06-088 05/22/2006 073520-SEITEL LEEDS& Develop a plan for migration from City's Novell FIS 12/31/2008 $27,300 $27,300 P ASSOC INC Infrastructure to a Microsoft based platform. CAG-06-093 06/09/2006 031906-HDR ENGINEERING INC Design of Water Relocation for Realignment of PBPW 12/31/2008 $86,844 $86,844 P Benson Rd and 1-405 Overpass ) ) Page 4of1; CONTRACT ndum Original urrent Number ber Fully Executed Contractor Division Expiration Contract tract Amount ount Class CAG-06-097 Adders#33-0F 06/07/2006 Addendum#26 of Eastside Fiber Consortium FIS 12/31/2008 $0 $o M General Terms&Conditions for Sharing of Fiber Optic Installation Projects. CAG-06-106 06/14/2006 010262-SKYWAY WATER& Utilities Cooperation Agreement- PBPW 12/31/2008 $154,494 $154,494 P SEWER DIST design/construction of emergency water system intertie-Dimmitt Booster Pump Station CAG-06-155 08/15/2006 031770-GROUP HEALTH 2006 Agreements for Group Health Medical HR 12/31/2008 $192,100 $192,100 P COOPERATIVE, OF PUGET Coverage SOUND CAG-06-172 09/25/2006 085320-VALLEY CITIES Interlocal Agreement-For cooperation in FIS 12/31/2008 $0 $0 M acceptance and use of Dept of Justice/COPS More Grant CAG-06-174 Adden#1-07 09/22/2006 008545-R W BECK INC Surface Water Utility Storm and Surface Water PBPW 12/31/2008 $248,671 $248,671 p Management Plan CAG-06-185 11/16/2006 057995-OLYMPIC SECURITY Provide Court security services AJLS 12/31/2008 $59,112 $59,112 P SERVICES, INC CAG-06-187 11/30/2006 008785-CITY OF BELLEVUE Interlocal Joint Purchasing Agreement FIS 12/31/2008 $0 P CAG-06-191 Adden#3-08 11/21/2006 020180-DAVID EVANS& S.3rd St. &Shattuck Ave. S. Intersection PBPW 12/31/2008 $38,911 $51,877 P ASSOCIATES INC Safety Improvements Design CAG-07-015 02/09/2007 086260-VISITING NURSE SVCS Provide an RN to operate a nursing clinic at the CS 12/31/2008 $20,000 $20,000 P OF THE NW Renton Senior Center CAG-07-016 02/13/2007 066670-RENTON AREA Conduct the Youth Development and CS 12/31/2008 $110,700 $110,700 p YOUTH/FAMILY SVCS Prevention Program,which includes a range of intensive,school-based interventions designed to increase opportunities for children and youth to succeed in school. Page 5 of 17 l Contr CONTRACT Addendum Origiact Current Number Number AmoAmount Executed Contractor Division Expiration unt Contract Amount Amount Class CAG-07-028 03/08/2007 001086-ADVANCED ATS Public Safety Solutions-Voyager FIS 12/31/2008 $3,180 $3,180 p TECHNOLOGY SYSTEMS software service agreement for Police Dept. blackberry software subscription CAG-07-033 Adden#2-08 03/21/2007 046043-MACLEOD RECKORD MacLeod Reckord-perform trail and bikeway PBPW 12/31/2008 $158,131 $174,851 P planning and design,transportation planning, signage design guidelines,and stakeholder and agency coordination assistance to the City of Renton CAG-07-038 03/23/2007 020390-DAWN General Fund Allocation-Human Services CS 12/31/2008 $8,000 $8,000 p allocation-DAWN CAG-07-039 03/23/2007 020390-DAWN Provide confidential supportive services to help CS 12/31/2008 $28,000 $28,000 P women move from crisis homelessness to permanent housing. cag-07-040 03/23/2007 083215-UKRAINIAN Provide services to the Ukrainian Community CS 12/31/2008 $20,000 $20,000 p COMMUNITY CNTR OF WA related to the Refugee Assistance Program CAG-07-041 03/12/2007 020390-DAWN Domestic Abuse Women's Network(DAWN)to CS 12/31/2008 $6,000 $6,000 P provide a domestic violence crisis line which operates 24 hours a day,365 days per year CAG-07-051 04/10/2007 073590-SENIOR SERVICES OF Provide transportation services for senior CS 12/31/2008 $14,700 $14,700 p SEATTLE K/C citizens. Total/all city's budget=$23,614, Renton's portion=$7,350 CAG-07-052 04/10/2007 042170-KING CNTY SEXUAL Provide no-cost crisis advocacy&counseling CS 12/31/2008 $74,000 $74,000 P ASSAULT services to chilren,teen&adult victims of domestic violence CAG-07-053 05/21/2007 043664-LASER UNDERGROUND Laser Underground&Earthworks, Inc.- PBPW 12/31/2008 $1,181,670 $1,181,670 p Renton Village Storm System Project/ SWP-27-2711 CAG-07-054 04/10/2007 076117-MULTI SERVICE Human Services Agreement with Multi-Service CS 12/31/2008 $24,000 $24,000 P CENTER Center to provide adult English reading,writing, and communication skills/education. Funded through the 2007-2008 General Fund budget. ) ) Page 6 of 17 CONTRACT end) :rm Original bunt rrent rigin • Number Fully Executed Contractor Division Expiration Amount tt AmounClass CAG-07-055 04/10/2007 093463-YWCA Human Services Agreement with YWCA to CS 12/31/2008 $15,120 $15,120 P provide emergency housing for homeless families with children for up to 3 months,while assisting them with the creation and support for implementation of a self-sufficiency plan. Funded through the 2007-2008 General Fund budget. CAG-07-056 04/10/2007 066630-RENTON CLOTHES Human Services Agreement with the Renton CS 12/31/2008 $22,770 $22,770 P BANK,C/O JUDY CRAIG Clothes Bank to provide free clothing to referred low and moderate income individuals and families residing within the Renton School District boundaries. Funded through the 2007-2008 General Fund budget CAG-07-057 04/10/2007 017602-COMMUNITIES IN Human Services Agreement with Communities CS 12/31/2008 $38,316 $38,316 P SCHOOL INC in Schools of Renton to support the Mentor Program Manager who recruits,trains,and supports mentors serving Renton students who are identified as at-risk of student failure. Funded through the General Fund budget CAG-07-058 Adden#1-07 04/13/2007 069671 -ROTH HILL Contract Agreement with Roth Hill Engineering PBPW 12/31/2008 $101,832 $111,832 p ENGINEERING PARTNERS, LLC Partners, LLC relating to the conversion of sewer system hydraulic model data and development of a Geodatabase for the City CAG-07-060 Adden#1-08 04/13/2007 073590-SENIOR SERVICES OF Meals on Wheels 2007-2008 Joint Human CS 12/31/2008 $20,000 $20,000 P SEATTLE K/C Services Agreement Renton-$10,000/Other Agencies-$34,100 CAG-07-061 03/26/2007 400010-COMCAST Comcast cable Communications LLC AJLS 12/31/2008 $0 $0 M accepting settlement terms and establishing rate orders for FCC Forms 1205, 1235,and 1240 CAG-07-065 Adden#1-08 04/25/2007 091710-WHITWORTH PEST 2007-2008 Mosquito Abatement Program PBPW 12/31/2008 $43,712 $87,465 P SOLUTIONS INC CAG-07-066 Adden#2-08 04/25/2007 014310-CATHOLIC COMMUNITY Emergency Assistance:2007-2008 Joint CS 12/31/2008 $20,000 $25,000 P SERVICES Human Services Agreement. Renton=10,000, Other Agencies=33,400 Page 7 of 17 l CONTRACT Addendum ContracContract Current ct Number Number Fully Executed Contractor Division Expiration Amount AmoContrunt Amount Amount Class CAG-07-068 Adden#1-08 04/25/2007 400009-CITY OF MERCER City of Mercer Island-Memorandum of PBPW 12/31/2008 $0 $0 M ISLAND Understanding to solve issues of mutual interest regarding the airport CAG-07-072 06/22/2007 069020-RODARTE Rodarte Construction, Inc.-Central Plateau PBPW 12/31/2008 $1,865,891 $1,865,891 p CONSTRUCTION INC Interceptor Section 2 WWP-27-3235 CAG-07-073 04/26/2007 089949-WAY BACK INN Provide 90-day transitional housing for CS 12/31/2008 $30,000 $30,000 P FOUNDATION homeless families with young children. Funded through the 07-08 General Fund. CAG-07-074 04/26/2007 066309-REFUGEE WOMENS Provide employment retention services, and CS 12/31/2008 $20,400 $20,400 p ALLIANCE referall for utility,transportation,and housing assistance. Funded through the 07-08 General Fund. CAG-07-075 04/26/2007 014310-CATHOLIC COMMUNITY Provide volunteer chore services for CS 12/31/2008 $10,000 $10,000 p SERVICES low-income elders and adults over 18 yrs with disabilities. CAG-07-094 05/14/2007 085320-VALLEY CITIES Provide interdisciplinary healthcare services to CS 12/31/2008 $13,892 $13,892 p homeless families,funded through the 07-08 General Fund. CAG-07-095 05/14/2007 017620-COMMUNITY HEALTH Provide primary care and nursing services to CS 12/31/2008 $3,600 $3,600 P CENTERS OF KC homeless children and adults at emergency shelters and transitional housing CAG-07-096 05/14/2007 017620-COMMUNITY HEALTH Provide integrated natural medicine services to CS 12/31/2008 $10,000 $10,000 P CENTERS OF KC low-income and uninsured families and individuals who are residents of Covington, Federal Way, and Renton. Renton=$5,000, Other cities=$7,000. CAG-07-097 05/15/2007 Provide the City with a$50,000 grant toward PBPW 12/31/2008 $50,000 $50,000 R the cost of the SW 34th St Culvert Replacement project CAG-07-100 05/14/2007 009650-BIG BROTHERS BIG Provide community based mentoring for CS 12/31/2008 $12,500 $12,500 p SISTERS children ages 6-18. ) ) Page 8of1i CONTRACT ndum Original urrent • Number ber Fully Executed Contractor Division Expiration AmounContract nouns Amount ount Class CAG-07-112 06/12/2007 014310-CATHOLIC COMMUNITY Catholic Community Services-A.R.I.S.E CS 12/31/2008 $80,000 $80,000 P SERVICES Men's Homeless Shelter 2007-2008 General Fund CAG-07-115 06/11/2007 067865-RENTON TECHNICAL Renton Technical College-Families That CS 12/31/2008 $20,000 $20,000 p COLLEGE Work/Even Start Program 2007-2008 General Fund CAG-07-116 06/11/2007 014310-CATHOLIC COMMUNITY Catholic Community Services-Katherine's CS 12/31/2008 $8,000 $8,000 P SERVICES House/Women's Transitional Housing 2007-2008 General Fund CAG-07-118 08/14/2007 056498-NW INFRASTRUCTURE Northwest Infrastructure, Inc.-N 26th St/Park PBPW 12/31/2008 $175,694 $175,694 p INC PL N Storm System Project CAG-07-119 06/21/2007 012419-BNSF RAILWAY BNSF Railway Co.-Payment for the PBPW 12/31/2008 $100,000 $100,000 P COMPANY preliminary enginering design on the BNSF railroad bridges over Hardie Av, Rainier Av& Shattuck CAG-07-124 Adden#2-08 07/05/2007 1340-WASHINGTON STATE Washington State Military Department-Grant Fire 12/31/2008 $0 $0 R to supplement local emergency management operating budget to enjance emergency management programs(Grant amount $66,714) CAG-07-125 07/09/2007 089299-WA ST DEPT OF Washington State Department of PBPW 12/31/2008 $0 $0 M TRANS, HWYS&LOCAL PROG Transportation-Provide project coordinator for 1-405, 1-5 to SR 169 Stage 1 Widening Project CAG-07-128 06/28/2007 080600-TEUFEL NURSERY INC Teufel Nursery, Inc.-Annual Landscape PBPW 12/31/2008 $29,294 $29,294 p Maintenance Oakesdale Wetland-Phase 1 & 2 CAG-07-138 Adden#1-07 07/11/2007 060277-PARAMETRIX INC Parametrix, Inc.-Contract agreement for CS 12/31/2008 $17,600 $17,600 P designing the driving range drainage and turf CAG-07-148 08/06/2007 012419-BNSF RAILWAY Burlington Northern Santa Fe-Construction PBPW 12/31/2008 $8,950,000 $8,950,000 P COMPANY and Maintenance agreement for bridge replacement projects Page 9 of 17 l Contr CONTRACT Addendum Contract Current Number Number Amo Fully Executed Contractor Division Expiration unt Contract Amount Amount Class CAG-07-154 08/02/2007 Goettel&Associates- FEMA PD Grant CS 12/31/2008 $0 $0 R application Techinical Support for Grant Application for seismic retrofit of Fire Station #11 (not to eceed$15,246.00 incl.WSST) CAG-07-158 09/26/2007 1534-KING CONSERVATION King County Conservation District#9-WRIA 9 PBPW 12/31/2008 $50,000 $50,000 R grant for Upper Springbrook Creek Restoration project CAG-07-159 09/14/2007 089302-DEPARTMENT OF Washington State Department of Tranportation PBPW 12/31/2008 $0 $0 M TRANSPORTATION -Cost sharing agreement for waterline relocation at Benson Rd and 1-405 CAG-07-160 11/05/2007 074570-SHORELINE Shoreline Construction Co-Duvall Av NE PBPW 12/31/2008 $775,296 $775,296 P CONSTRUCTION CO Water and Sanitary Sewer Main Installation CAG-07-162 Adden#1-08 08/27/2007 059358-PACIFIC ENGINEERING Pacific Engineering Design, LLC-Design of PBPW 12/31/2008 $152,057 $152,057 P DESIGN LLC 2007 Citywide Sidewalks and Curb Ramps project CAG-07-164 08/30/2007 070327-SALVATION ARMY,THE Renton Salvation Army Food Bank-Food CS 12/31/2008 $48,000 $48,000 P Bank Operations/2007-2008 General Fund CAG-07-168 09/06/2007 015812-CITY OF MERCER City of Mercer Island-Interlocal Agreement for PBPW 12/31/2008 $0 $0 M ISLAND Airport Noise Study CAG-07-173 09/18/2007 068180-RH2 ENGINEERING INC RH2 Engineering, Inc.-2007-2008 PBPW 12/31/2008 $94,991 $94,991 P Wastewater Utility General Services Agreement CAG-07-178 Adden#1-08 10/10/2007 089299-WA ST DEPT OF WA Transportation-Signal Modification at PBPW 12/31/2008 $25,000 $45,000 P TRANS, HWYS&LOCAL PROG SR900/I-405 on and off ramps at Harrington Av NE CAG-07-179 Adden#1-08 10/15/2007 049825-MIRIAM POLLACK& Miriam Pollack&Assoc-Development of the CS 12/31/2008 $117,210 $117,210 P ASSOCIATES Library Master Plan ,) - Page 10of1 ) CONTRACT ) :rmOriginal utrent Fully Executed Contractor ) Division Expiration tract Amount ount Class CAG-07-181 09/20/2007 400001 -FIRE DISTRICT#40 King County Fire Protection District#40- AJLS 12/31/2008 $0 $0 M Statement of Intent for Benson Hill Communities if annexed regarding transfer of properties,etc. CAG-07-191 11/09/2007 021465-DLR GROUP INC DLR Group, Inc.- Conduct Misdemeanant Police 12/31/2008 $161,000 $161,000 P Jail Study for Multi-jurisdictional jail facility CAG-07-207 12/05/2007 400014-HEAD TO FOOT, FOOT Head to Toes Footcare Service-Footcare CS 12/31/2008 $0 $0 M CARE SERVICE services for senior citizens CAG-07-211 12/28/2007 048014-MCDONOUGH&SONS McDonough&Sons, Inc.- City Hall Snow CS 12/31/2008 $5,000 $5,000 P INC Plowing-Snow Removal Maintenance CAG-07-212 12/27/2007 048014-MCDONOUGH&SONS City Hall Parking Lot Sweeping&Cleaning CS 12/31/2008 $5,000 $5,000 p INC Services Maintenance CAG-08-007 01/18/2008 066950-RENTON CHAMBER OF, Renton Chamber of Commerce-To provide EDNSP 12/31/2008 $129,000 $129,000 P COMMERCE tourism marketing promotion efforts in 2008; funded by hotel/motel tax revenues CAG-08-008 01/18/2008 032460- Hamilton/Saunderson-2008 Marketing EDNSP 12/31/2008 $219,000 $219,000 P HAMILTON/SAUNDERSON INC Campaign CAG-08-010 01/23/2008 400001 -FIRE DISTRICT#40 K.C. Fire Protection District#40-Interim AJLS 12/31/2008 $0 $0 M Operating Agreement for Fire and Emergency Medical Services CAG-08-012 03/28/2008 074570-SHORELINE Shoreline Construction, Co.-2008 Sanitary PBPW 12/31/2008 $619,309 $619,309 P CONSTRUCTION CO Sewer Repairs project CAG-08-014 02/05/2008 013783-CAROLLO ENGINEERS Carollo Engineers-Long-Range WW PBPW 12/31/2008 $33,829 $33,829 P PC Management Plan Update CAG-08-017 02/11/2008 083655-US DEPT OF USDA-APHIS-ADS-Waterfowl Management CS 12/31/2008 $2,000 $2,000 P AGRICULTURE Program Interlocal Agreement Page 11 of 17 Original Current CONTRACT Addendum Contract Contract Number Number Fully Executed Contractor Division Expiration Amount Amount Class CAG-08-028 02/22/2008 070327-SALVATION ARMY,THE Salvation Army-Agreement with the Salvation CS 12/31/2008 $18,500 $18,500 P Army Renton Corps for 2008 Renton Emergency Assistance Program(REAP) CAG-08-030 03/14/2008 025754-FDM SOFTWARE LTD FDM Software, Ltd-Software support and Fire 12/31/2008 $24,341 $24,341 P maintenance agreement for Fire Dept records management system. CAG-08-031 03/18/2008 092793-WORTHY& Worthy&Associates-Urban&Community CS 12/31/2008 $119,654 $119,654 P ASSOCIATES LLC Forestry Development Plan CAG-08-033 05/06/2008 069020-RODARTE Rodarte Construction, Inc.-Ripley Lane N PBPW 12/31/2008 $1,475,874 $1,475,874 p CONSTRUCTION INC Storm System Improvements project CAG-08-037 05/12/2008 H.S. Builders, Inc.- Police Locker Rooms CS 12/31/2008 $245,895 $245,895 P CAG-08-038 05/12/2008 MJ Ness Construction Co. Inc.-Substation at CS 12/31/2008 $219,681 $219,681 p Parking Garage CAG-08-044 03/04/2008 024363-EPICENTER SERVICES Epicenter Services, LLC- Solid Waste PBPW 12/31/2008 $19,240 $19,240 P LLC Collection Contract Development CAG-08-046 03/19/2008 000566-ACES TENNIS INC Aces Tennis-Providing Recreation programs- CS 12/31/2008 $999 $999 P Tennis Programs&Tennis Camps-80%of collected registration fees CAG-08-048 Adden#1-08 04/14/2008 060869-PACE ENGINEERS INC PACE,Engineers, Inc.- Surveying Services CS 12/31/2008 $79,500 $79,500 P Agreement for Surveying the Cedar River Natural Zone Boundary CAG-08-054 04/17/2008 076055-SOUND RESOURCE Sound Resouce Management Group-Solid PBPW 12/31/2008 $19,760 $19,760 P MGMT GROUP INC Waste Contract Cost Analysis&Rate model ) ) Page 12 of 1 CONTRACT ndum ContractOriginal tracturrent Number ber Fully Executed Contractor Division Expiration Amount mount Class CAG-08-060 04/23/2008 Senior Services of Seattle/King County- CS 12/31/2008 $0 $0 P Designating Renton as the site for the Meals on Wheels program through the use of facilities and volunteer delivery staff CAG-08-061 04/23/2008 Senior Services of Seattle/King County - CS 12/31/2008 $0 $0 M Continue a social and nutritional program for low-income elderly citizens(Congregate Nutrition Program) CAG-08-064 05/31/2008 King County - Shoulder improvements along PBPW 12/31/2008 $19,700 $19,700 p Ripley Lane CAG-08-070 05/05/2008 008545-R W BECK INC RW Beck, Inc.- Design contract for Carr Road PBPW 12/31/2008 $103,500 $103,500 p -Panther Creek Culvert Replacement Project CAG-08-074 08/14/2008 Western Asphalt, Inc.-2008 Street Overlay PBPW 12/31/2008 $1,074,889 $1,074,889 P with Curb Ramps CAG-08-076 05/15/2008 WHPacific, Inc. -820 Building Demolition PBPW 12/31/2008 $106,275 $106,275 p project Design at Airport CAG-08-079 05/30/2008 057282-OCCUPATIONAL Occupational Health Services- Provide Jail Police 12/31/2008 $186,958 $186,958 p HEALTH SERVICES Inmate Health Services Term: 1/1/2008- 12/31/2008 CAG-08-080 06/02/2008 066450-REID INSTRUMENTS Reid Instruments-RTU/MTU Programming- PBPW 12/31/2008 $12,114 $12,114 p Well PW-9 SCADA Upgrade CAG-08-085 06/04/2008 Western Display Fireworks- Vendor contact CS 12/31/2008 $18,500 $18,500 p for providing fireworks display at City 4th of July event at Gene Coulon Beach Park CAG-08-091 06/27/2008 1171 -KING CNTY HOUSING F King County CDGB Funds- 2008 Community CS 12/31/2008 $295,420 $295,420 R Development Block Grant Contract CAG-08-096 03/25/2008 1067-KING CNTY Seattle/King Co. Dept. of Public Health- Fire 12/31/2008 $2,000 $2,000 R Student CPR grant Page 13 of 17 Original Current CONTRACT Addendum Number Number Fully Executed Contractor Division Expiration Amount Contract Amount Amount Class CAG-08-097 06/27/2008 046043-MACLEOD RECKORD MacLeod Reckord-Design of Thomas CS 12/31/2008 $37,100 $37,100 P Teasdale Park irrigation&drainage systems CAG-08-100 06/27/2008 031770-GROUP HEALTH Group Health Cooperative-Annual renewal of HR 12/31/2008 $222,300 $222,300 P COOPERATIVE, OF PUGET medical policies SOUND CAG-08-101 09/09/2008 Construct Co, Inc.-SR 900(NE Sunset PBPW 12/31/2008 $275,596 $275,596 P Boulevard)and Hoquiam Avenue NE Traffic Signal Project CAG-08-103 07/09/2008 The Maus Group - Hourly Project Mgmt CS 12/31/2008 $18,000 $18,000 P Service CAG-08-109 07/31/2008 1067-KING CNTY King County Public Health-Injury Prevention Fire 12/31/2008 $8,407 $8,407 R Mini-Grant Rev. $8,407&Exp$4,164 CAG-08-111 05/27/2008 079515-SYLVIA FEDER Sylvia Feder- CBT Instructor 2008-Provide Fire 12/31/2008 $16,140 $16,140 P EMT Instruction to Review Run Reports CAG-08-112 07/23/2008 023956-EMERGENCY FEEDING Emergency Feeding Program of Seattle&King CS 12/31/2008 $10,055 $10,055 P PROGRAM County-Food Program CAG-08-113 07/23/2008 037556-INSTITUTE FOR FAMILY Institute for Family Development- PACT CS 12/31/2008 $12,868 $12,868 P DEV Program CAG-08-114 07/23/2008 017602-COMMUNITIES IN Communities in Schools of Renton-Liaison CS 12/31/2008 $12,394 $12,394 P SCHOOL INC Program CAG-08-116 07/30/2008 039194-J D STRIPING J.D.Striping -Parking Lot Maintenance CS 12/31/2008 $35,187 $35,187 P CAG-08-119 07/30/2008 073289-SEATTLE TIMES Seattle Times - Recruitment Advertising HR 12/31/2008 $10,000 $10,000 P COMPANY Page 14 of 1 Original urrent CONTRACT ndum Contract ntract Number ber Fully Executed Contractor Division Expiration Amountount Class CAG-08-123 08/07/2008 015406-CHILDRENS HOME Children's Home Society of WA- CS 12/31/2008 $12,393 $12,393 p SOCIETY OF WA Strengthening Families Program CAG-08-133 09/04/2008 068487-R L ALIA COMPANY R.L.Alia Company-Carr Rd/Panther Creek PBPW 12/31/2008 $474,771 $474,771 p Emergency Culvert Repair Project CAG-08-140 09/17/2008 DMJM Harris- S Lake Washington Roadway PBPW 12/31/2008 $145,700 $145,700 P Improvement CAG-08-144 09/23/2008 Perteet, Inc.- SW 27th/Strander Blvd Union PBPW 12/31/2008 $269,935 $269,935 P Pacific Railroad Realignment Ph 1,Segment 2A CAG-08-154 09/19/2008 PND, Engineers, Inc. -Coulon Park Fishing CS 12/31/2008 $10,000 $10,000 P Pier Fire Damage Repair-Design and Permit Coordination for the fishing pier reconstruction PAG-08-001 01/14/2008 Puget Western, Inc- Agreement for overflow CS 12/31/2008 $0 $0 M parking on Puget Western property near Gene Coulon Memorial Beach Park CAG-06-153 08/11/2006 066451 -REID MIDDLETON INC Reid Middleton-Structural Plan Review PBPW 01/01/2009 $150,000 $150,000 P CAG-07-006 03/26/2007 009276-BERKLEY RISK 3rd party administration of Worker's HR 01/01/2009 $37,500 $37,500 P ADMINISTRATORS CO Compensation Claims CAG-07-205 12/13/2007 057282-OCCUPATIONAL Valley Medical Center dba Occupation Health HR 01/01/2009 $3,400 $3,400 P HEALTH SERVICES Services-WA DOT mandated Alcohol&Drug Testing: Random, Pre-employment, Post-accident&For Cause CAG-08-011 01/01/2008 073590-SENIOR SERVICES OF Visiting Nurse Services- Assisting seniors in CS 01/01/2009 $12,400 $12,400 p SEATTLE K/C health maintenance at Senior Activity Center Page 15 of 17 Original Current CONTRACT Addendum Contract Contract Number Number Fully Executed Contractor Division Expiration AmountClass Amount LAG-87-001 01/01/1987 lease-Boeing Employees Flying Association- PBPW 01/01/2009 $0 $0 R Lease agreement for partial assumption of LAG-85-001 -Airmaster. Addendas 1-6 change in rental rate. Term: 32 years 1/1/2009 with an option to renew for another 10 years expiring 12/31/2029. CAG-08-120 07/24/2008 056490-NW HYDRAULIC Northwest Hydraulic Consultants, Inc- PBPW 01/30/2009 $19,992 $19,992 P CONSULTANTS INC Sediment Survey of Cedar River CAG-08-043 04/10/2008 062710-PORTLAND ENERGY Portland Energy Conservation, Inc. (PECI)- PBPW 01/31/2009 $30,910 $30,910 P CONSERVATION WashWise Rebate Program CAG-07-047 Adden#2-08 04/05/2007 009510-BHC CONSULTANTS BHC Consultants, LLC to remedy an existing PBPW 02/28/2009 $49,996 $89,934 P LLC surface water problem located at 2302 Camas Ave, resulting from surface water runoff discharging via Dayton Ave NE, NE 22nd St and surrounding areas CAG-08-013 02/15/2008 041950-KING CNTY METRO King County Metro Transit Division-Flexpass PBPW 02/28/2009 $34,980 $34,980 P TRANSIT DIV purchase agreement CAG-08-019 02/18/2008 066450-REID INSTRUMENTS Reid Instruments-Consultant Agreement for PBPW 03/31/2009 $33,203 $33,203 P Hazen Reservoir Telemetry Upgrades, Installation and Programming CAG-08-020 02/18/2008 060869-PACE ENGINEERS INC PACE-Surveying the White Fence Ranch PBPW 03/31/2009 $48,000 $48,000 P Sewer Extension CAG-08-058 04/23/2008 031906-HDR ENGINEERING INC HDR Engineering, Inc.-Engineering PBPW 03/31/2009 $80,928 $80,928 P Consultant Agreement re:Automatic Meter Reading Procurement Support CAG-08-117 07/30/2008 068180-RH2 ENGINEERING INC RH2 Engineering-Replace Transformers& PBPW 03/31/2009 $24,948 $24,948 P Emergency Power Connections-Design CAG-08-135 09/03/2008 010232-BLUMEN CONSULTING Blumen Consulting Group, Inc.- EDNSP 03/31/2009 $16,850 $16,850 P GROUP INC Environmental Analysis for porosed amendment to Boeing Renton Plant sub-district 1B ) ) Page 16 of ', CONTRACT ndum Original urrent • Number ber Fully Executed Contractor Division Expiration AmoContrunt tract Amount ount Class CAG-08-141 09/15/2008 031906-HDR ENGINEERING INC Water Distribution Storage Study PBPW 03/31/2009 $128,162 $128,162 P P = Payables $59,638,048 R = Receivables $1,006,827 Expiring Contracts This Period: 191 M = Misc $0 \\central\sys2\apps\i nformgold\reports\sitespec\renton\reports\cmBria n Hi Id ermanO.rpt Page 17 of 17 CITY OF RENTON COUNCIL AGENDA BILL I AI#: // C or I Submitting Data: For Agenda of: 10/20/2008 Dept/Div/Board.. CED Staff Contact Mark Santos-Johnson Agenda Status Ext. 6584 Consent X Subject: Public Hearing.. Multi-Family Housing Property Tax Exemption Correspondence.. Program—Application Deadline Modification and Ordinance X Liberty Square Apartments Application Submittal Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Refer to the Planning and Development Committee. Legal Dept X Finance Dept Other IFiscal Impact: Expenditure Required... N/A Transfer/Amendment N/A ilo'Amount Budgeted N/A Revenue Generated N/A Total Project Budget N/A City Share Total ProjectN/A SUMMARY OF ACTION: The City has used the Multi-Family Housing Property Tax Exemption since 2003 to encourage increased residential opportunities within designated urban centers that lack sufficient, desirable, and convenient residential housing. To date, the City has approved eight multi-family housing projects with a total of 1,703 housing units in three designated residential targeted areas,including four projects Downtown(411 housing units),three projects in South Lake Washington(1,075 housing units), and one project in the Highlands (217 housing units). The City has been asked to modify the Exemption application deadline to allow the 92-unit Liberty Square Apartments (a.k.a.,Fifth&Williams)in Downtown Renton to submit an application for the Exemption. Staff recommends: (a) amending the Exemption to provide the Council with the ability to approve the submittal of an application after the current deadline; and(b) approving the submittal of an Exemption application for the Liberty Square Apartments. STAFF RECOMMENDATION: (1)Adopt an ordinance to amend the Multi-Family Housing Property Tax Exemption(Exemption)(RMC 4-1-220)by modifying the deadline for submitting an application; and(2)Approve the submittal of an Exemption application for the Liberty Square Apartments(a.k.a., Fifth&Williams). i �Y COMMUNITY SERVICES DEPARTMENT AND C ®�� DEPARTMENT OF COMMUNITY AND ECONOMIC ' DEVELOPMENT MEMORANDUM DATE: October 13, 2008 TO: Council President Marcie Palmer Members of the Renton City Council VIA: -- Denis Law, Mayor FROM: Terry Higashiyama, Community Services Administrator Alex Pietsch, Community& Economic Development Administrator ,,,yve STAFF CONTACT: Mark Santos-Johnson, Senior Economic Development Specialist - ext. 6584 SUBJECT: Multi-Family Housing Property Tax Exemption—Application Deadline Modification and Liberty Square Apartments (a.k.a., Fifth & Williams) Application Submittal ISSUE Shall the City amend the Multi-Family Housing Property Tax Exemption (Exemption) (RMC 4-1-220) by modifying the deadline for submitting an application and approve the submittal of an Exemption application for the Liberty Square Apartments (a.k.a., Fifth &Williams)? RECOMMENDATION 1) Adopt an ordinance to amend the Exemption by modifying the deadline for submitting an application. 2) Approve the submittal of an Exemption application for the Liberty Square Apartments (a.k.a., Fifth & Williams). BACKGROUND SUMMARY As authorized by Chapter 84.14 RCW, the City Council established a property tax exemption incentive in 2003 (codified in RMC 4-1-220 as subsequently amended) to encourage multi-family housing development in designated residential targeted areas. The City has approved eight multi-family housing projects to date with a total of 1,703 housing units, including 1,653 rental apartments and 50 for-sale condominiums. The projects are located in three designated residential targeted areas, including four Downtown(411 housing units), three in South Lake Washington (1,075 housing units), and one in the Highlands (217 housing units). As outlined in Chapter 84.14 RCW and originally codified in RMC 4-1-220, the provision allows the value of qualified new housing construction to be exempt from ad valorem property taxation for ten H:\EDNSP\Council\Issue Papers-Agenda Bills-Ctte Reports\2008\Liberty Square-MFHPTE\Issue Paper-Liberty Square MFHPTE Modifications 10-13- 08.doc 10/13/2008 successive years after completion of the project. However, the exemption does not include the value of the land, existing improvements, or non-housing-related improvements (e.g., commercial space). The Exemption applies to all levels of the ad valorem property tax,including the local jurisdiction, county, state, and all local taxing districts. For projects in Renton, this amounts to a total of$9.77752 per $1,000 of assessed value for 2008. DASH (Downtown Action to Save Housing—a non-profit organization)recently completed construction of the 92-unit Liberty Square Apartments at 425-417 Williams Avenue (a.k.a., Fifth& Williams) for work force housing. The project's funding includes $2 million from King County, $1 million from the State of Washington, and$9 million in tax-exempt bond fmancing from the Renton Housing Authority(RHA). DASH has asked the City of Renton to modify the Exemption application deadline to allow the Liberty Square Apartments project to apply for the time-limited Exemption. In 2005, the City provided the Liberty Square Apartments with$47,877 in Community Development Block Grant capital funds and, to date, the project has paid the City$148,198 in building permit, plan review, and various mitigation fees. Based on preliminary estimates, the exemption will save the project approximately$124,237 per year(or$1,490,840 for 12 years). The City's portion of the exemption is approximately$33,876 per year(or $406,515 total for 12 years). Conditions of multiple public funding sources restrict the Liberty Square Apartments for both the maximum incomes of eligible households who may rent apartments, as well as the maximum rents that can be charged for housing units. In order to generate enough revenue to cover operating expenses and establish the necessary operating pro forma to secure permanent financing for the project, DASH needed to reduce the number of housing units to be rented to residents at 50% or less of area median , income (AMI)to be replaced by units rented to households at 60% or less of AMI. The target population for this work force housing is those that make 60%or less of AMI in King County, which in 2008 is $34,200 for one person or $39,060 for a household of two. Other than RHA, there are few other affordable housing projects for non-seniors in the City of Renton. The Liberty Square Apartments may help the 806 families that are waiting for RHA housing. There are also a very limited number of City employees who may qualify to live at the Liberty Square Apartments as would a starting wage Renton school district teacher. A household(regardless of size)with two persons working full-time minimum wage jobs would also be eligible for the project. DASH is seeking the City's Exemption at this time because the project as originally designed qualified for an ongoing low-income housing property tax exemption for both the land and improvements. Now that the project will rent less than 75%of the housing units to households at 50% or less of AMI, the Liberty Square Apartments no longer qualifies for the original exemption and will need to pay all property taxes for land and improvements unless the City approves an Exemption for the project. The Liberty Square Apartments exceeds the City Council's recently approved requirement that Exemption projects rent at least 20% of the units to households at or below 80% of AMI to qualify for a 12-year property tax exemption. Helping DASH to have adequate revenue to effectively operate the Liberty Square Apartments is in the City's best interest. Operating a quality project with an on-site manager and adequate resources to maintain the building and landscaping will help support and enhance the City's ongoing Downtown Renton revitalization efforts. The $18 million development is the largest capital investment in the South H:\EDNSP\Council\Issue Papers-Agenda Bills-Ctte Reports\2008\Liberry Square-MFHPTE\Issue Paper-Liberty Square MFHPTE Modifications 10-13- 08.doc Page 2 10/13/2008 Renton residential neighborhood and represents one of only a few non-RHA non-senior affordable housing projects in Renton. As of October 3, 2008, 34 of the housing units at the Liberty Square Apartments were occupied. DASH plans to have all the project's housing units occupied by the first quarter in 2009. City staff is assisting in local marketing and outreach efforts to help improve awareness and access by Renton residents who can benefit from the project. The City's Exemption program was established in 2003 in part by using the materials and policies developed by the cities of Seattle and Tacoma, the first jurisdictions to utilize the Exemption. Since Chapter 84.14 RCW did not specify when Exemption applications are due, the City followed the practice of Seattle and Tacoma and required that applications be submitted prior to the issuance of the building permit for a project. This deadline has generally worked well for both the City and applicants. However, the current application deadline did not anticipate the Liberty Square Apartments' unforeseen change in circumstances. In order to be able to consider an Exemption application for the Liberty Square Apartments and to provide the City Council with more flexibility in the future to respond to unforeseen circumstances, staff recommends the following change to RMC subsection 4-1-220.E. Application Procedure (addition noted in italics): "3. Deadline: The application shall be submitted prior to the issuance of the building permit for the project, unless otherwise approved by the City Council. The Administrator shall approve or deny an exemption application within ninety(90) Now. days of receipt of a complete application." Please refer to the attached draft ordinance to amend RMC 4-1-220 by modifying the application deadline as noted above. If the Council adopts the above change and approves the submittal of an Exemption application for the Liberty Square Apartments, DASH will be allowed to submit an Exemption application for the project. Like all of the prior Exemption projects, the CED Administrator would then have the authority to approve the Exemption application subject to the Council's approval of an agreement that addresses the terms and conditions for the project to receive the partial property tax exemption. CONCLUSION The 92-unit Liberty Square Apartments work force housing project supports the City's 2009-2014 Business Plan goals to encourage and partner in the development of quality housing choices for people of all ages and income levels. The project also supports one of the primary targeted priorities of the Affordable Housing Initiative passed by the City earlier this year by providing rental housing for households at 60%or less of median income. And, finally, the Liberty Square Apartments potential utilization of the Exemption supports the Washington State Legislature's 2007 House Bill 1910 legislation and the City of Renton's recent modifications to the Exemption program to use the property tax exemption to support affordable housing. Attachment: Draft Ordinance H:\EDNSP\Council\Issue Papers-Agenda Bills-Cite Reports\2008\Liberty Square-MFHPTE\Issue Paper-Liberty Square MFHPTE Modifications 10-13- 08.doc Page 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY MODIFYING THE APPLICATION DEADLINE. WHEREAS, on December 22, 2003, the Renton City Council adopted Ordinance No. 5061 (codified in RMC 4-1-220) to establish a limited property tax exemption to encourage multi-family housing development in designated residential targeted areas; and WHEREAS, the provisions of Section 4-1-220, Property Tax Exemption for Multi- Family Housing in Residential Targeted Areas, have been useful in helping to encourage increased residential opportunities and stimulate new construction of multi-family housing in residential targeted areas; and .err" WHEREAS, the Renton City Council desires to amend RMC 4-220 to modify the application deadline to provide greater flexibility; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-220.E, Application Procedure, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: E. APPLICATION PROCEDURE: 1. Form: The owner of property applying for exemption under this Section shall submit an application to the Administrator on a form established by the Administrator. The 1 ORDINANCE NO. owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the State of Washington. The application shall contain such information as the Administrator may deem necessary or useful, which at a minimum shall include: a. A completed City application form, includinginformation setting forth the grounds for tax exemption and whether the owner elects to rent or sell at least twenty percent (20%) of the multi-family housing units as affordable housing to low- and moderate-income households to qualify for the twelve (12) year exemption defined in subsection (C)(1)(b)(ii) of this Section; b. A brief written description of the project, and schematic site and floor plans of the multi-family dwelling units and the structure(s)in which they are proposed to be INNI0' located; c. Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made and presented to the Administrator prior to the City's final action on the exemption application; d_ A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this Section. 2. Fee: At the time of initial application under this Section, the owner shall pay to the City an initial application fee of one thousand dollars ($1,000.00). 3. Deadline: The application shall be submitted prior to the issuance of the building permit for the project, unless otherwise approved by the Council. The Administrator shall 144100, 2 ORDINANCE NO. approve or deny an exemption application within ninety(90) days of receipt of a complete application. SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 3 • CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: For Agenda of: October 20, 2008 Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Agenda Status Ext. 6605 Consent X Subject: Public Hearing. Contract with seArch DDB for design services at Jones Correspondence. Park for an ADA Public Restroom Building. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Contract Information Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept.... X Risk Management X Fiscal Impact: Expenditure Required... $29,232.00 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $240,000.00 City Share Total Project SUMMARY OF ACTION: The Facilities Division has been progressively replacing non-ADA compliant public restrooms through the City's Capital Budget plan for the last five years. For each type of building, we have emphasized vandal resistance, ease of vandalism repair, best life cycle costing, and improved aesthetic conditions. Replacing the Jones Park public restroom is planned for the fall/winter, a time of the year when the restroom is used less. Because the park is adjacent to the Cedar River, there are additional permitting considerations and requirements, which require additional engineering and design support. STAFF RECOMMENDATION: Approve the Contract with seArch DDB for design services at Jones Park and authorize the Mayor and City Clerk to sign the Contract. C:\DOCUME-1\BWalton\LOCALS-4\Temp\AgBillseArchDDB.doc Y COMMUNITY SERVICES DEPARTMENT • � MEMORANDUM• NT DATE: October 10, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Terry HigashiyamakL Community Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. 6605 SUBJECT: Contract with seArch DDB Issue: Should the Council authorize the Mayor and the City Clerk to sign a Contract with seArch DDB for design services for a new public restroom building at Jones Park? Recommendation: Council authorize the Mayor and City Clerk to sign Contract with seArch DDB. Noe Background: • The City has been progressively replacing non-ADA compliant public restrooms as part of the City's Capital Budget projects plan for several years,beginning with the most used facilities. • The Jones Park public restroom is scheduled for replacement this year. • It was determined that the existing location was not suitable for a replacement building because it is too close to some large trees. And in order to meet ADA standards, the new restroom building has to be considerably larger. • Jones Park is adjacent to the Cedar River, which invokes extra project permitting and review requirements. • Bids were sought from three qualified architectural firms experienced in this type of facility and seArch provided the lowest price for the total design package. They also provided the lowest hourly rate for additional work, if required. • With minor alterations, the design will also be appropriate for future public restroom replacement and new construction in other small public parks. Conclusion: The new public restroom at Jones Park requires sufficient design input to insure that it will be attractive for the neighbors, sustainable and reasonable to maintain, repair, and operate. seArch DBB has the qualifications and expertise to produce such a design. Attachment cc: Jay Covington,Chief Administrative Officer %Sr+ Iwen Wang,Finance&IS Administrator Larry Warren,City Attorney Bonnie Walton,City Clerk H:\Peter Renner\Peter Renner 2008\IssuePaperseArch.doc V �l 4•P) CITY OF RENTON AGREEMENT FOR SERVICES 41^ THIS AGREEMENT is made as of the / day of , 2008, between the CITY OF RENTON, a municipal corporation o the State of Washington, hereinafter referred to as"CITY" and seArch DDB, hereinafter referred to as "CONTRACTOR", to provide architectural services for the design and construction of a new ADA-Conforming Public Restroom at Jones Park, located at 98 Wells Ave South, Renton, WA, 98057. The City and Contractor agree as set forth below. 1. Scope of Services. The Contractor will provide all material and labor necessary to perform all required architectural engineering services described in the Scope of Work which is included with this Agreement as Attachment"A". 2. Changes in Scope of Services. The City, without invalidating the Contract, may order changes in the Services consisting of additions, deletions or modifications, the Contract Sum being adjusted accordingly. Such changes in the work shall be authorized by written Change Order signed by the City and the Contractor. �,r% 3. Time of Performance. The Contractor shall perform the Services as per the time schedule itemized in the Scope of Work. The services shall be commenced within one (1) month of the execution of this agreement and completed by the end of the project construction period, presumed to be twelve(12) months thereafter. All of the Services shall be performed at mutually agreed upon times and days that reflect the operating hours and needs of the Facilities Division and the Fire and Emergency Services Department. 4. Term of Contract, The Term of this Agreement shall be for the period from September 9, 2008, and continuing one year to September 8, 2009. This Agreement may be extended for additional periods of time upon mutual written agreement of the City and the Contractor. 5. Contract Sum. In consideration of the Contractor performing the specified Services,the City agrees to pay the Contractor an amount not to exceed $29,232.00. In the event the city desires additional Services other than those described in the Scope of Work, the Contractor agrees to perform such Services according to the attached Rate Schedule,Attachment"B"or for an amount negotiated by the Parties, whichever is less. 6. Method of Payment, Payment by the City for the Services will only be made after the Services have been performed and a voucher or invoice is submitted in the form specified by the City. Payment will be made thirty (30)days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Contractor for any work not completed in a satisfactory manner until such time as the Contractor modifies such work so that the same is satisfactory. 7. Prevailing Wages. Prevailing wages, in accordance with RCW 39.12, applies to this contract. The ,,,d Contractor shall pay no less than the prevailing wage rate to all employees. The Contractor shall submit a amount of$1,000,000 per accident; and proof of Workers'Compensation coverage. The City of Renton will be name as a Primary and Non-Contributory Additional Insured on the insurance policy and an endorsement ,4410 stating such shall be provided. 18. Bonding. The Contractor shall secure and maintain in force throughout the duration of this contract a Dishonesty/Maintenance Service Bond in the amount of$25,000 for each employee working at the City facility. 19. compliance with Laws. The Contractor and all of the Contractor's employees shall perform the services in accordance with all applicable federal,state,county and city laws,codes and ordinances. 20. Exhibits to Agmement. The following exhibits are attached to this contract and incorporated herein by this reference: Attachment A: Scope of Work Attachment B: Contractor's Rate Schedule Attachment C:Affidavit of Compliance This Agreement is entered into as of the day and year written above. 'r CONTRACTOR11 CITY OF RENTON • 1. t gyp$ Signature Signature Patrick DiStefano.President Printed Name and The Printed Name and Title seArch DDB Business Name 3233 S. Hanford St Mailing Address Seattle WA 98101 City State Zip 206-399-3563 Telephone `,00104 I seArch DDB City of Reto °toed Joes ParK Restroons Prepared for:Peter Renner, Director of Facilities,City of Renton Prepared by:Patrick DiStefano,President,seArch DDB September 4,2008 Proposal number:05-2008 seArch DOB a Dc,--velop-,Desigr.+B.:iiir.i :=?33 S Paritorcl St Seattiq. 98',7-- sAistetNicAsearc.horib.D.-}r- I NNW' imam•same- seArch ODB SuTTary Objective seArch will prepare design and permitting documents and jurisdictional review applications,coordinate the consultant team and provide construction consultation for an approximately five hundred(500)square foot replacement restroom facility in Jones Park, Renton,WA. Design will include integration with existing sidewalks and landscaping within approximately twenty(20)feet of the new footprint. The new facility will meet all applicable code requirements, including those associated with the Americans with Disabilities Act(ADA). The structure is envisioned as concrete footings and slab-on-grade floor,painted concrete and masonry exterior walls,steel framed roof and painted metal roofing. Program will include two(2)lavatories and two(2)restroom stalls for both Male and Female restrooms,a Storage Area and 44111rr` drinking fountain. Full-height tile interior finishes,fixtures and equipment to match those of Tiffany Park's new activity building as closely as possible. A tankless water heater will provide for hydronic heating in the floor slab,as well as serving the balance of hot water needs. A new sprinkler control panel matching that provided for the new Tiffany Park activity building will be provided for. Natural day-lighting strategies will help lower energy demands,while minimizing new impervious surface area will help reduce stormwater runoff. Whenever possible locally available,high-percentage recycled and/or recyclable content materials will be suggested for inclusion in the final specifications. For Preliminary Documentation,the objective is to obtain jurisdictional,community and owner's approvals for the design concept. The objective for Permit Documentation will be ADA,structural„detailed construction drawings and specifications. Mechanical,electrical,plumbing and landscape design coordination will be design-build,with performance specifications derived from those used for the new activity building at Tiffany Park. Services will be billed on a fixed fee basis except as noted otherwise in this proposal. Schedute Schedule objectives are as understood as follows: Fall 2008 Preliminary Design,Permit Documents,submit for Environmental and Design Reviews. Winter 2008 Permit Documents,Permit Reviews. Spring 2009 Bid Spring/Summer 2009 Bid Award/Construction Nommie City of Renton -Jones Park Restrooms September 4,2008 seArch DDB .t ,'-Viii. .,-.i ) _._ i?5:1:.4'1;.;mz' a Cilli lfT fY seArch DDB Budget The budget for construction is understood to be approximately$120,000-240,000,with all attempts made to minimize costs. Deliverables seArch will prepare high-quality electronic copy of all presentation and necessary construction documentation twice during each phase.EE The documentation for each phase is designed to achieve its specific objectives. Preliminary Di cumentati nP ks) !: 1,V P. ($6,240.00) Preliminary documents are designed to give the owner a full accounting of the property and it's potential for the proposed facility. It is assumed that there will be(1)one site visit and(1)meeting with the owner over the period of(2) two weeks for this phase of work and these deliverables will be utilized for any required Jurisdictional Design Review. Deliverables will include: 1. Recommendations based on site observations and discussions with Mr. Renner and his staff. "4401 2. Color Renderings to help convey the conceptual material, style and context of the facility. 3. Site Plan at a scale that includes the relevant surrounding conditions. 4. Building Plan including immediately adjacent hard scape. 5. Elevations consisting of four(4)prominent facades. Permit Dricurnpntatton iiiiiTCikF„) ($12,640.00) Permit documents are prepared to receive a quick permit review with as few comments as possible. It is assumed that there will be(1)one site visit and(1)one meeting with the owner over the period of(4)four weeks for this phase of work and these deliverables will be utilized for bid documents. Deliverables will include: 1. Cover Sheet utilizing a perspective sketch prepared for preliminary design/design review. 2. General Information Sheet noting code requirements,building location, etc. 3. Site Plan showing detailed building siting, hardscape and landscape design. 4. Floor Plan including immediately adjacent existing conditions. 5. Enlarged ADA Plans noting relevant ADA dimensions and clearances. 6. Finish Plan describing general relationships of construction elements and materials. 7. Roof Plan showing down spout locations, roof slopes and materials. 8. Building Elevations showing envelope openings and material transitions. 9. Building Sections including detailed wall construction and material relationships. 111.1 City of Renton -Jones Park Restrooms September 4,2008 seArch DDB ;I'!. :., :1. 3'!-) .r seArch DOB 10. Interior Elevations locating equipment,fixtures and relevant ADA measurements. 11. Schedules including finishes,fixtures and equipment. 12. Details(20)Twenty details are anticipated and provided for in this estimate. Additional details to be provided at the Regularly Hourly Rate. 13. Specifications incorporated into the drawings(sheet specifications)for relevant construction and finish materials,equipment and products. Consultant Coordination ($1,920.00-estimated time and materials) seArch has procured and attached proposals for services from civil and structural engineers,recommended for early coordination of the preliminary design,environmental review applications,and final construction documentation. Mechanical,electrical and plumbing design as well as landscape are understood to be provided-on a design/ build model,based on specifications from the new Tiffany Park activity building. Consultants will contract directly with the owner unless otherwise agreed to. seArch will coordinate with all consultants contracted with the owner on a time and materials basis,billed at the regular hourly rate. Although not exhaustive nor necessarily required,the Now following is a list of consultants who may be of service throughout the life of the project. • Civil/Survey(see attached proposal) • Structural(see attached proposal) • Mechanical,Electrical, Plumbing • Fire • Lighting • Landscape • Hardware • Arborist Jurisdictiona€ Applications, Sruhr'rtt,t ter PeVicevf/C (2-5 Monti s) ($7,040.00) Includes(4)trips to the City of Renton permit counter to submit the various applications and packages detailed below: Land Use-Shoreline Exemption Application and Environmental Checklist coordination(documents to be prepared by Civil Engineer). Land Use-Preliminary Permit Application Land Use-Site Plan Review Package Land Use-Design Review Package Building Permit-Permit Application package including Non-Residential Energy Code forms City of Renton-Jones Park Restrooms September 4,2008 seArch DDB ,.._. r-,trr. I seArch DOB Reimbursable Expenses ($1,392-5%of fee) Reimbursable expenses are billed at incurred cost plus ten(10)percent,which include but aren't necessarily limited to: • Research materials(maps,topographic maps,photography,etc.) • Model-making and presentation materials • Reprographics services(large format plots, copies, scans, color printing, mounting,etc.) • Travel expenses(transportation,parking,etc.) Additional SP,-vic r- For scope not explicitly described in this proposal,work will be performed at the Regular Hourly Rate as approved and/or . requested by the owner. Examples of additional services might include: • 11x17 3D color renderings, est.$800.00 ea. • Details required in excess of twelve(20)will be provided at the regular hourly rate. • Additional site visits billed at the regular hourly rate. • Additional consultant coordination billed at the regular hourly rate. • Construction Consultation billed at the regular hourly rate. AND/OR Construction C r psultatior; ($3,430.00-estimated time and materials) seArch will provide construction consultation services to assist the owner in ensuring the intent of the design and specifications are met or exceeded during the construction period, assumed to last approximately(4)four months. Services will be billed on a time and materials basis,at the regular hourly rate,and are anticipated to include: 1. Pre-Construction Conference with owner,general contractor,consultants and key sub-contractors. 2. Review and Response to up to(12)twelve Requests for Information(RFI's) 3. Bi-Monthly Site Visits up to(8)eight,including punch-list and close-out. AND/OR City of Renton-Jones Park Restrooms September 4,2008 seArch DDB :;.c i i •. I 'rrrr� seArch DDB Ric! ($2,400.00-estimated time and materials) seArch will provide consultation services to assist the owner in ensuring the completeness of bids and responding to questions during the bid phase. Services will be billed on a time and materials basis,at the regular hourly rate,and are anticipated to include: 1. Responses to Requests for Information(RFI's). 2. Evaluation of completeness of bids submitted. 3. Evaluation of Requests for Substitution. I- r.SrIy Rate The Regular Hourly Rate for this proposal is$80/hr. Aorre 3ls Evidence of this proposal's acceptance is demonstrated by the signature of both parties below: Peter Renner Date I I Patrick DiStefano Date City of Renton-Jones Park Restrooms September 4,2008 seArch DDB i'y,gi;;;-i) ta:,. :S,r'. :nr: ., ,•"431114111•mew seArch DDB Fee T bie - City of Renton - Jones Park Restrooms a, aeU Ts - $ Preliminary Documentation Subtotal 78 $6,240.00 Building and Land Use Code Research 8 640 Site Plan 16 1280 Building Plan 8 640 Elevation Studies(4) 12 960 Perspective Sketches(2) 6 480 • Color Presentation Renderings(2) 6 480 Model(for day-lighting and siting studies) 8 640 Site Visits(1) 2 160 Meetings(2) 4 320 Revision(1)and Follow up 8 640 Construction Documentation Subtotal 158 $12,640.00 Site Plan 16 1280 Floor Plan 16 1280 Enlarged ADA Plans 4 320 Finish Plan 4 320 Roof Plan 4 320 Building Elevations 8 640 Building Sections 4 320 Wall Sections 8 640 Schedules-Doors/Windows/Equipment/Finishes 8 640 Construction Details(20 @ 2hrs/ea.) 40 3200 Specifications(research,prep. and documentation) 24 1920 Nod City of Renton-Jones Park Restrooms September 4,2008 seArch DDB ^t"t; :it;: --c old: ..;;s -,;1‘. ., I seArch DDB Site Visits(1) 2 160 Meetings(2) 4 320 Revisions(1) 16 1280 Consultant Coordination Estimated Subtotal 24 $1,920.00 Civil-Survey 8 640 Structural 8 640 MEP/Landscape(Design/Build) 8 640 Jurisdictional Reviews and Permitting Subtotal 80 $7,040.00 Land Use-Environmental Checklist 4 480 Land Use-Pre-App Package 6 640 `'err Land Use-Site Plan Review Package 8 1600 Land Use-Design Review Package 20 320 Shoreline Exemption Application(2-5 months review) 4 480 Building Permit-Non-Res Energy Code Forms(3) 6 640 Building Permit-Application Package 8 960 Submit for Permits at the City(4 occasions) 12 960 Permit Revisions(budget) 12 960 Subtotal Fixed Fee and Estimated Time 340 $27,840.00 Estimated Reimbursables(5%of fee) $1,392.00 Total Including consultants and estimated expenses 340 $29,232.00 'err City of Renton-Jones Park Restrooms September 4,2008 seArch DUB wHio�,+'. >aq: .:. 7, S Hanford " ;0,,;c: :' .,..,. , ,04001 seArch DDB Fee Table - Additional Services (Available Upon Request) Phase _Hours - tine Totals Construction Consultation Estimated Subtotal 43 $3,440.00 Pre-Construction Conference 3 240 Bi-Monthly Site Visits(8,including closeout) 16 1280 RFI Reviews/Responses(12) 24 1920 Bid Phase Consultation Estimated Subtotal 30 $2,400.00 Respond to Requests for Information(20) 20 1600 Respond to Requests for Substitution(10) 10 800 Subtotal Estimated Additional Services 73 $5,840.00 City of Renton -Jones Park Restrooms September 4,2008 seArch DDB ;. _ • CITY OF RENTON COUNCIL AGENDA BILL AI#: 7e C.• Submitting Data: For Agenda of: October 20, 2008 Dept/Div/Board.. Fire&Emergency Services Dept. Staff Contact Bill Flora,Deputy Fire Chief Agenda Status Community Risk Reduction Section Consent X Subject: Public Hearing.. Pierce County sponsored FEMA National Urban Search Correspondence.. and Rescue(US&R)Response System Interlocal Ordinance Agreement Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information Memorandum of Agreement Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other HR/RM X Fiscal Impact: Expenditure Required... -0- Transfer/Amendment -0- loisor Amount Budgeted -0- Revenue Generated -0- Total Project Budget -0- City Share Total Project -0- SUMMARY OF ACTION: The FEMA US&R is vital to the Renton Fire &Emergency Services Department's participation in a coordinated urban search and rescue effort when necessary. This Memorandum of Agreement updates the previous agreement with legal and regulatory changes. STAFF RECOMMENDATION: Approve the Memorandum of Agreement with Pierce County for urban search and rescue efforts and adopt the Resolution. Rentonnet/agnbill/ bh tiY O FIRE & EMERGENCY * 41, SERVICES DEPARTMENT • l'' Nrc0 MEMORANDUM DATE: October 20, 2008 TO: Marcie Palmer, Council President Members of the City Council CC: Denis Law, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrator STAFF CONTACT: Bill Flora, Deputy Fire Chief/Fire Marshal SUBJECT: Pierce County Sheriff Department's Memorandum of Agreement for National Urban Search and Rescue (US&R) Response System ISSUE The Memorandum of Agreement for the National US&R Response System with the Pierce County Sheriff Department has expired. A new Memorandum of Agreement has been created to Nilo" continue this joint program. RECOMMENDATION Staff recommends that Council adopt the Resolution and approve the Memorandum of Agreement with Pierce County for urban search and rescue efforts. BACKGROUND Since 1989, Washington Task Force 1 has been an integral part of the Federal Emergency Management Agency's (FEMA)National US&R Response System. Pierce County, through the Department of Emergency Management (DEM)has been designated the Sponsoring Agency for this program. Pierce County and the participating agencies have been operating under the same Memorandum of Agreement since nearly the inception of the program. There have been a number of legal and regulatory changes made since then, including the transfer of FEMA to the Department of Homeland Security and the publication of the US&R Final Interim Rule at 44 CFR Part 2008. CONCLUSION The Pierce County Sheriff Department's Memorandum of Agreement is vital to supporting and further developing urban search and rescue efforts for the City and the greater community. CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY REGARDING THE WASHINGTON STATE TASK FORCE 1 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. WHEREAS, the Pierce County Sherriff's Department is the sponsoring agency for the Washington State Task Force 1 of the National Urban Search and Rescue Response System; and WHEREAS, it would be advantageous for the City of Renton to become a participating agency in that task force; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton would participate in the task force; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a Memorandum of Agreement between Pierce County, as the sponsoring agency of the Washington State Task Force 1 of the National Urban Search and Rescue Response System, and the City of Renton as a participating agency of the task force. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk ,4001 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. Noir Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1375:9/23/08:scr New 2 'MEMORANDUM OF AGREEMENT BETWEEN Pierce County AS THE SPONSORING AGENCY OF THE WASHINGTON STATE TASK FORCE 1 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM AND CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT AS A PARTICIPATING AGENCY OF THE TASK FORCE This "Agreement" is entered into by and between the parties designated in Section 1, below,who agree that subject to all of the provisions of this Agreement, The Pierce County Sheriff's Department will serve as a Participating Agency for the Washington State Task Force 1 of the National Urban Search and Rescue Response System. Each party further agrees that it assumes all of the duties and responsibilities assigned to that party under this Agreement and that so long as this Agreement remains in effect, the party will fully perform all of those duties and responsibilities. 1. PARTIES The parties to this Agreement are the following entities: 1.1. Sponsoring Agency: Pierce County 2501 So 35TH. Street, Suite D Tacoma WA 98409 253-798-6595 1.2 Participating Agency: CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT 2. RECITALS Sponsoring Agency and Participating Agency have entered into this Agreement in recognition of the following citals: 2.1 Sponsoring Agency. Sponsoring Agency is a cooperating party under a "Memorandum of Agreement"with the Federal Emergency Management Agency ("FEMA") and the State of Washington. 2.2 National Urban Search & Rescue Response System. Pursuant to federal law, principally the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§5121 through 5206 (the"Stafford Act"), the U.S. Department of Homeland Security("DHS"), acting through FEMA, operates the National Urban Search & Rescue Response System ("System") in conjunction with State and local governments. 2.3 Task Forces. Each Sponsoring Agency is responsible for recruiting and organizing a Task Force consisting of individuals occupying certain specified positions plus additional support personnel, all of whom have been properly trained with the requisite skills and capabilities required for urban search and rescue operations and/or deployment of the Task Force. A Task Force may be deployed as a single unit or it may be reorganized into teams for purposes of modularized responses for limited or specialized Activations. Members of a Task Force may also be deployed as members of a management or other technical team. 2.4 Washington State Task Force 1. Pierce County Department of Emergency Management is the Sponsoring Agency for Washington Task Force 1 (the "Task Force") and is charged with, among other things, recruiting and organizing members for the Task Force. In the performance of its responsibilities, the Sponsoring Agency may enter into cooperative arrangements with federal, state, or local government entities, or non-profit or for-profit entities, to serve as participating Agencies in the Task Force and with individuals to serve as Affiliated Personnel of the Task Force. The Sponsoring Agency obligated to enter into written agreements with those Participating Agencies and Affiliated Personnel setting forth the relationship between the parties. 2.5 Participating Agency. The CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT desires to be a Participating Agency in the Task Force, subject to all of the provisions of this Agreement. 2.6 Applicable Provisions. With respect to National Urban Search & Rescue Response System activities, this Agreement incorporates the provisions of Interim Final Rule, "National Urban Search and Rescue Response System," 70 Fed. Reg. 9182 (Feb. 24, 2005) ("Interim Final Rule") as well as the provisions of the FEMA MOA. To the extent the Interim Final Rule is contrary to the FEMA MOA, the Interim Final Rule will prevail. Upon the effective date of the Final Rule governing this subject("Final Rule"), the Final Rule shall supersede the Interim Final Rule and shall prevail over any contrary provisions of the Interim Final Rule or the FEMA MOA. 2.7 Definitions of Terms. Capitalized words and phrases in this Agreement have the same meaning as they do in the Interim Final Rule, unless or until superseded by the Final Rule. Capitalized words and phrases not defined in the Interim Final Rule or the Final Rule have the meaning given in this Agreement. 3. AGREED TERMS AND CONDITIONS 3.1 Participating Agency. 3.1.1 Participating Agency agrees to provide personnel to serve in certain designated positions on the Task Force as determined by Sponsoring Agency. A list of the individuals who will occupy those designated positions, and who are referred to in this Agreement as "Participants or authorized members," as well as other pertinent information about them is contained in Appendix A. 3.1.2 Participating Agency further agrees that Participants will meet the required qualifications for the positions to be filled, will receive the required training specified in this Agreement and will satisfy other conditions of preparedness and response as required by the Sponsoring Agency as listed in Appendix B. 3.1.3 The Parties will cooperate with each other so as to facilitate achievement of the goals and ` objectives of the System as fully and completely as possible. 3.2 Third Party Liability and Workers' Compensation. 3.2.1 Participating Agency and its Participants shall be afforded such coverage for third party liability and workers'compensation as is afforded all Task Forces and their System Members under Federal law, the scope of which is generally described in the Interim Final Rule. 3.2.2 Except as afforded by the Federal Government, the responsibility for risks associated with claims for third party liability and workers' compensation arising out of participation in the Task Force, either organizationally by the Participating Agency or Individually by its Participants, shall be the responsibility of Participating Agency and not under any circumstances, the responsibility of Sponsoring Agency. At all times, Participating Agency shall maintain in full force and effect, and provided proof thereof,for the benefit of its Participants and its other employees engaged in System activities, coverage for workers compensation and third party liability to the full extent required by law. 3.3 Financial Provisions. 3.3.1 Preparedness Funds 3.3.1.1 In its sole discretion, Sponsoring Agency may distribute to Participating Agency such preparedness grant funding as Sponsoring Agency shall be eligible to and does receive from FEMA. Any such distributions shall be subject to the requirements of the preparedness grants and `"` the needs of the Task Force generally. 3.3.1.2 Any other funding received by Sponsoring Agency from sources other than the federal government may also be made available as Sponsoring Agency determines in its discretion. Sponsoring Agency shall make such distributions fairly and equitably taking into account the mission, goals and objectives of the Task Force and the needs of the Sponsoring Agency as compared to other proper needs and demands. 3.3.2 Response Funds 3.3.2.1 Sponsoring Agency shall promptly reimburse Participating Agency for response expenses that are authorized to be incurred by or for the benefit of Participants engaged in Task Force activities, upon receiving reimbursement for such expenses from the federal government. Such expenses must be properly ascertained, accumulated and reported to the Sponsoring Agency, and the funds to be utilized for payment must have been reimbursed by or on behalf of FEMA to Sponsoring Agency. 3.3.2.2 After an Activation, Participating Agency shall provide Sponsoring Agency with a complete cost reimbursement package to be submitted by Sponsoring Agency as part of an overall claim package which Sponsoring Agency is obliged to submit to FEMA. The Participating Agency's cost reimbursement package shall be submitted to the Sponsoring Agency within 60 days after the end of the Personnel Rehabilitation Period established by FEMA. Participating Agency's cost -.1001 reimbursement package shall be prepared in conformance with applicable federal directives which Sponsoring Agency shall disseminate to Participating Agency. See Appendix C for reimbursement procedures and applicable Federal Directives for compensation. 3.3.2.3 Participating Agency shall provide Sponsoring Agency with employee compensation ,,, information for its Participants at least annually, or as changes occur in compensation rates payable to Participants. That information and other pertinent Participant data required by Sponsoring Agency shall be provided in an updated version of Appendix D. 3.3.2.4 To ensure proper reimbursement from FEMA, the compensation of Participants on the Task Force shall be in accordance with pay schedules and policies established by the Final Interim Rule from the time of activation and until the Task Force returns, is deactivated and Participants are returned to regular work schedules. 3.3.2.5 All financial commitments of Sponsoring Agency are subject to the availability and receipt of funds by Sponsoring Agency from FEMA and other sources. 3.3.2.6 Neither Participating Agency nor any Participant shall be reimbursed for costs incurred outside the scope of this Agreement. 3.4 Reporting And Record Keeping Requirements. 3.4.1 The Participating Agency shall provide the Sponsoring Agency with the records described in Appendix E. 3.4.2 The Sponsoring Agency shall issue a Task Force Picture Identification Card for all authorized members listed in Appendix A. 3.4.3 Participating Agency and Sponsoring Agency shall ensure that any medical or other records and information that are afforded confidentiality under applicable law are protected from unauthorized disclosure. 3.4.4 Participating Agency shall provide prompt and accurate reporting as specified in this Agreement as outlined in Appendix C, D and F. 3.5 Mandatory Minimum Requirements For Participation. Each Participant must satisfy all of the following for participation on the Task Force. 3.5.1 Each Participant shall be an employee in good standing of the Participating Agency. Entry-level employees who are probationary or in a similar status are not eligible. 3.5.2 Each Participant shall be of good moral character and shall not have been convicted of any felony or any other criminal offense involving moral turpitude. 3.5.3 Participants serving in a Task Force position that requires the individual to hold a license, registration, certificate or other similar authorization to lawfully engage in an activity must hold the appropriate authorization, which must be current and validly issued. 3.5.4 Subject to any applicable FEMA standards, each Participant must meet the medical/fitness standards mutually agreed upon by Sponsoring Agency and Participating Agency and not have any medical condition or disability that will prevent performance of the duties of the Task Force position he/she occupies. 3.5.5 Each Participant must be available on short notice to mobilize within 2 hours of request and be able to respond on a mission for up to 14 days. 3.5.6 Each Participant must be capable of improvising and functioning for long hours under adverse working conditions. 3.5.7 Each Participant must receive such inoculations as are specified by the DHS/FEMA in Appendix G. 3.5.8 Each Participant must be aware of the signs, symptoms and corrective measures of Critical Incident Stress Syndrome. 3.5.9 Each Participant must understand and adhere to safe working practices and procedures as required in the urban disaster environment. 3.5.10 Each Participant must have a working knowledge of the US&R System and the Task Force's organizational structure, operating procedures, safety practices, terminology and communication protocols. 3.5.11 Each Participant must have completed such courses of education and training and other requirements as FEMA shall specify. 3.5.12 Sponsoring Agency has authority to immediately suspend or terminate a Participant's participation on the Task Force for failure to satisfy any mandatory requirement. 3.6 Clothing and Equipment. 3.6.1 Sponsoring Agency will issue to each Participant certain items of personal protective clothing and equipment, as outlined in the WATF-1 "Activation Manual", for use in Task Force activities and operations. In the event of Activation, Participant shall provide certain additional items of personal clothing and equipment. Items of clothing and equipment supplied by Sponsoring Agency shall remain the property of Sponsoring Agency and shall be returned promptly whenever a person ceases to be a Participant. 3.6.2 Subject to FEMA requirements, all uniforms will display the official patch of the Task Force and the official patch of the US&R system, as specified by FEMA. The Sponsoring Agency shall specify the design of the uniform and any identifying insignia or markings. 3.7 Command, Control and Coordination. 3.7.1 When a Participant has been activated or has otherwise been placed at the direction, control and funding of FEMA, such as, for example, during participation in FEMA sponsored training, the ultimate authority for command, control and coordination of the service of the Participant reposes with FEMA exercised through the system chain of command. Subject to the principle just stated, the following provisions of this Section 3.7 govern the responsibilities of the parties with respect to supervisory, disciplinary and other specified aspects of the Participant's employment within the context of his/her participation on the Task Force 3.7.2 Sponsoring Agency shall exercise direct supervisory authority over Participants during Activations, deployments and other activities of the Task Force conducted by Sponsoring Agency, but for disciplinary purposes, that authority is limited to temporary suspension or permanent exclusion from participation. In all other instances where disciplinary action may be necessary, Sponsoring Agency shall report the pertinent circumstances to Participating Agency, which shall cooperate with Sponsoring Agency and shall administer discipline as appropriate in accordance with the Participating Agency's established rules and regulations. 3.7.3 Nothing in this Agreement is intended to, nor does it, affect the employer-employee relationship *ow, between Participating Agency and its employees who are Participants, and Participating Agency shall at all times continue to be fully responsible for all of its employment obligations to its employee Participants, including the compensation and benefits that the Participating Agency has agreed to provide. 3.7.4 While participating in System activities conducted by the Task Force, Participants shall be subject to and observe and comply with all lawful orders and directions of the authorized representatives of Sponsoring Agency and the Task Force. Sponsoring Agency retains the right to suspend or exclude any Participant from participation on the Task Force for cause including failure to abide by the provisions of this Agreement. 3.8 Media and Information Policy. 3.8.1 Subject to applicable law, including FEMA regulations and directives, all photographs and video taken during a deployment will be kept under the control of Sponsoring Agency until use in internal or external education programs or other dissemination is approved by FEMA. 3.8.2 All applicable federal, state, and local media policies will be strictly enforced and followed. 3.8.3 Subject to applicable rules and regulations, Sponsoring Agency will have the primary responsibility for coordination of media coverage and liaison with media sources and representatives concerning activities of the Task Force. Sponsoring Agency shall endeavor to expose all Participating Agencies to favorable media coverage opportunities. ,41600, 3.9 Rules of Conduct. 3.9.1 All Participants will be expected to abide by the code of conduct established by FEMA and the Sponsoring Agency. 3.9.2 The failure of a Participant to abide by the rules of conduct constitutes a violation of the US&R code of conduct and may result in suspension or exclusion from the Task Force under Section 3.7 above. 3.10 Preparedness Activities. 3.10.1 Sponsoring Agency shall conduct Task Force management, administration, training, equipment procurement and other preparedness activities required by FEMA. Participating Agency and its Participants shall cooperate with Sponsoring Agency and shall participate in the activities as necessary to achieve Task Force preparedness goals and objectives. 3.10.2 Specific training activities to be conducted, respectively, by Sponsoring Agency and by Participating Agency, including training, administration and reporting requirements, are contained in Appendix E 3.10.3 As established by System directives but subject to the availability of federal funding, Sponsoring Agency shall procure and maintain required caches of equipment and supplies. The contents of these caches shall be utilized for deployments of the Task Force and, subject to federal rules and regulations, will be made available for training activities of Sponsoring Agency and Participating Agency. Participants shall use Task Force cache equipment and supplies only for authorized purposes and shall exercise reasonable care to protect and preserve the property against loss or damage. The Participating Agency shall be financially accountable for any Task Force property that is lost or damaged due to negligence or unauthorized use by the Participating Agency or its authorized personnel. 3.11 Notification Procedures and Other Communications. 3.11.1 Alerts and Activation. 3.11.1.1 Sponsoring Agency's commander/chief executive officer or his/her designee shall determine whether the Task Force is capable of and will respond to Activation Orders. 3.11.1.2 Participating Agency shall maintain at all times a "Point of Notification"for receipt of notices from Sponsoring Agency concerning possible deployments of the Task Force. The Point of Notification shall include 24-hour telephonic and electronic capabilities. Information concerning the Participating Agency Point of Notification shall be set forth in Appendix F. 3.11.1.3 Upon receipt of Alert or Activation Orders, Sponsoring Agency shall give prompt telephonic and electronic notice to Participating Agency's Point of Notification. The notice shall designate the Task Force positions for which Participating Agency's Participants are being requisitioned, the location of the assembly point, and to the extent known, the nature and character of the Activation. 3.11.1.4 Participating Agency shall at all times maintain the capability of providing requisitioned Participants for participation on a deployment of the Task Force. 3.11.1.5 Upon receipt of an Activation Order for the Task Force, Participating Agency shall cause the required Participants to respond to the assembly point designated in the notice. 3.11.2 Mobilization. 3.11.2.1 All requisitioned Participants will respond to the designated assembly point within 2 hours of notification with all required personal clothing and equipment and required documentation. 3.11.2.2 Participating Agency will select its Participants through a pre-established selection system that ensures the requisition is promptly filled with fully qualified Participants. 3.11.2.3 Selected Participants will be subject to a pre-deployment medical screening. Any Participant who fails the screening will not be deployed. 3.11.2.4 Sponsoring Agency retains the sole right to determine which Participating Agency personnel, if any, will respond with the Task Force when Activated. 3.11.3 Other Communications. Sponsoring Agency will remain in contact with Participating Agency through the Participating Agency Point of Notification during the period of Activation. 3.12 Critical Incident Stress Syndrome ("CISS") and Management. 3.12.1 Sponsoring Agency will have primary responsibility to provide CISS training, intervention and support, before, during and after activation. 3.12.2 Costs incurred for unauthorized CISS activities are not eligible for reimbursement. 4. GENERAL PROVISIONS 4.1 Effective Date. This Agreement shall be effective [date], and when it has been duly and regularly authorized and executed by both parties. N"' 4.2 Authority. As more specifically indicated above and below, this Agreement is made(a) pursuant to the provisions of the Interim Final Rule or the Final Rule; and (b) under the authority of Washington State law, in furtherance of the purposes of the National Urban Search and Rescue Response System, 4.3 Contents of the Agreement. Upon its execution, the Agreement consists of this Agreement, along with the following Appendices and other attachments, if any: 4.3.1 Appendix "A"—Roster of personnel updated twice annually on January 30 and June 30 each year with name of individual and task force position. Participating agency may not exceed number of personnel authorized by Sponsoring Agency. 4.3.2 Appendix "B"—List of general training required for all participants which identifies who is responsible for providing funding and to what extent. A list of position specific, FEMA sponsored or sanctioned training and the financial responsibility associated with each course] 4.3.3 Appendix"C"—Cost reimbursement procedures required by sponsoring agency in accordance with final interim Rule and Pierce county budget and Finance policy and procedures 4.3.4 Appendix"D"—Compensation rates updated annually for each participant from the participating agency. 4.3.5 Appendix E—List of required documents and records from participating agency for each participant to include required certificates, licenses, Continuing education credits. Now 4.3.6 Appendix F—List of participating agency contacts to be updated twice annually on January 30 and June 30 each year. 4.3.7 Appendix G—Directive 2005-008, Medical screening requirements 4.4 Amendments and Termination. 4.4.1 Except as otherwise expressly provided, this Agreement may be modified or amended only by another written agreement approved and executed by both parties, and all such amendments will be attached to this Agreement. 4.4.2 Term and Termination. The Agreement shall continue in effect unless and until terminated as provided in this Agreement. The Agreement may be terminated by either party upon 30 days written notice, except that Participating Agency may not terminate this Agreement without the written consent of Sponsoring Agency during any time interval when the Task Force has been placed on Alert status or has been Activated if the Alert or Activation affects Participants of the Participating Agency. 4.5 Miscellaneous Provisions. 4.5.1 The obligations of the Participating Agency set forth in this Agreement are non-delegable and may not be assigned to or assumed by any other person without the prior written consent of Sponsoring Agency. • 4.5,2 Except and to the extent federal law controls,this Agreement shall be construed and enforced, as between the parties, according to the laws of the State of Washington. 4.5.3 No party shall engage in any conduct or activity in the performance of this Agreement or participation in the System that constitutes a conflict of interest under applicable federal, state or local law, rules and regulations. 4.5.4 Each party shall at all times observe and comply with all applicable federal, state and local laws, rules and regulations. 4.5.5 Except as provided otherwise with respect to emergency notifications, if it is necessary for the purposes of this Agreement for one of the named parties to give notice to the other named party, notice shall be in writing with the expenses of delivery or mailing fully prepaid and shall be delivered by personal service or a form of public or private mail service requiring proof of delivery. Notice is effective upon personal delivery, or by mail service, on the date of either actual receipt or five days after posting, whichever is first. Unless changed in writing in accordance with this Section, notice shall be served on the party at the address shown in Sections 1.1 and 1.2 of this Agreement. 4.5.6 Titles and section headings are for convenience only and are not a part of the parties'Agreement. 4.5.7 Should any provision of this Agreement be determined to be invalid or unenforceable under applicable law, the provision shall, to the extent required, be severed from the remainder of the Agreement which shall continue in full force and effect. 4.5.8 This Agreement and its provisions are binding upon and inure to the benefit of the parties and to their respective successors in interest, provided, however, this Agreement does not and will not bestow any rights or remedies upon persons to whom an unlawful delegation or assignment has been made by Participating Agency. ,4001 4.5.9 This Agreement is made for the sole and exclusive benefit of the named parties and their lawful successors in interest, and no other person or entity is intended to, nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a third-party beneficiary of this Agreement. 4.5.10 Neither the United States of America or the State of Washington is a party to this Agreement. 4.5.11 Each person executing this Agreement represents that: he/she was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents; execution of the Agreement was duly and regularly authorized by the party's governing body; and, to the person's best knowledge and belief the Agreement is a binding and enforceable obligation of the party on whose behalf he/she acted. 4.5.12 Each party represents to the other: that the party has fully read and understood all of the provisions of this Agreement including the Appendices and other attachments, if any; that the party has secured and considered such legal advice and other expert counsel as the party deemed necessary and advisable for these purposes; and, that in agreeing to execute and become a signatory to this Agreement the party has deemed itself adequately informed and advised as to all of the risks assumed and obligations undertaken pursuant to this Agreement. 4.5.13 This Agreement, including the Appendices and attachments, if any, constitutes the entire agreement between the parties and it supersedes any prior agreements on this matter. PIERCE COUNTY CONTRACT SIGNATURE PAGE —1ntract# NNW 1N WITNESS WHEREOF,the parties have executed this Agreement this day of , 20 . CONTRACTOR: PIERCE COUNTY: Approved As to Legal Form Only: Contractor Signature Date Denis Law, Mayor Prosecuting Attorney Date Title of Signatory Authorized by Firm Bylaws Name: City of Renton Fire&Emergency Services Dept. Recommended: UBI No. 177-000-094 Budget and Finance Date Address: 1055 S Grady Way Renton, WA 98057 Approved: Mailing Address: Same as Above Department Director Date (less than $250,000) Contact Name: Bill Flora, Deputy Chief/Fire Marshal Phone: 425-430-7061 County Executive (over$250,000) Date Fax: 425-430-7044 �rrr Appendix A WAIF 1 Personnel Roster Aho, Will—Hazardous Materials Technician Bigger, Brett—Tech Info Specialist Boyer, Mike—Driver Lazenby, Jake—Heavy Rigging Specialist Hartman, Greg —Plans Section Manager 2 Appendix B Training responsibilities Sponsoring agency responsibility FEMA Sponsored, Sanctioned, Equivalent, approved training 1. The sponsoring agency will provide funding for travel, lodging and meals for all FEMA sponsored and FEMA sanctioned training for participating members selected to attend by the Sponsoring Agency as funding from the CA permits. Salary expense to include backfill or overtime is not authorized 2. The sponsoring agency will provide funding for travel, lodging and meals for FEMA approved and FEMA Equivalent training on a case by case basis and only with prior approval as funding from the CA permits. Salary expense to include backfill or overtime is not authorized 3. The sponsoring agency will provide funding for travel, lodging, meals and wages to include overtime or backfill for hours worked only, for training that is required to maintain a certification. Salary expenses are authorized only if the training is unique to the task force and is not a requirement of the individuals participating agency as a condition of continued employment and as funding from the CA permits. 4. The Sponsoring agency will provide funding for expenses to include overtime or backfill for mobilization exercises and other activities identified on a case by case basis and as Now funding from the CA permits. 5. The Sponsoring Agency will financially support only the authorized members from a participating agency, identified in Appendix C, and no more than the allowed 3 deep for each functional position on the FEMA US&R approved Task Force compliment. • Authorized members from the participating agency must be identified by name as well as position and the list must be updated twice annually on January 30 and June 30 by the participating agency. • An individual may hold only a single position on the task force. The only exception to this rule is that a member may also hold a position as a CDL driver. • A maximum of 210 positions have been identified and each participating agency is authorized to have on the task force a set number of positions which they are allowed to fill with qualified personnel. Thirty additional positions are allocated for CDL drivers. The US&R Task Force Readiness Cooperative Agreement specifies the number of authorized personnel. • The specific positions available for a participating agency to fill are determined by the Task Force Leaders from Seattle, King County and Pierce County in consultation with the participating agency. 3 General requirements I Sponsoring Agency 1. Inoculations: The sponsoring agency will provide funding for the expense of obtaining the required inoculations. Reimbursement for salary to include overtime or backfill for the time required to obtain them is NO authorized for these individuals. See appendix J for list of required inoculations. 2. Hazmat Operations: The Sponsoring Agency will provide annual refresher training for First Responder Operations Level Hazardous Materials per OSHA standard 1910.120, Hazardous Waste Operations and Emergency Response if a participant would not normally receive that training as a condition of employed by a first response organization. Reimbursement for salary to include overtime or backfill is authorized for these individuals. 3. US&R orientation: Four hours of training will be provided by the Sponsoring Agency. Salary expense to include reimbursement for backfill or overtime is authorized. 4. Annual quantitative Fit testing: The Sponsoring Agency will provide opportunity to fit test the Task Force Scott Face pieces and will issue a certificate of refresher training per 29 CFR 1910.134. Reimbursement for salary to include overtime or backfill is not authorized. Every effort will be made to provide fit testing opportunities to individuals who are on duty and at a location within their area of responsibility. 5. FEMA US&R WMD enhanced operations: Training will be provided by the Sponsoring Agency. Salary expense to include backfill or overtime reimbursement is authorized. 6. Water rescue operations: Awareness level training for will be provided by the 1•„0 sponsoring agency. Salary expense to include backfill or overtime reimbursement will be authorized 7. Confined space: Awareness level training for will be provided for individuals who do not receive this training from their agency as a condition of employment or who do not have operations or technician level confined space training as required by their position description. Reimbursement for salary to include backfill or overtime expenses will be authorized. 8. GPS: Awareness level training will be provided. Reimbursement for salary to include backfill or overtime expenses will be authorized 9. Biennial medical screening: The Sponsoring Agency contracts with a medical service provider for this purpose. (Appendix G) • All participants who do not receive medical screening as a condition of employment will receive this service according to the process outlined in Appendix G. • Expenses associated with medical screening requirements that exceed a participating agencies medical screening process will be reimbursable by the Sponsoring Agency. • Reimbursement for salary to include backfill or overtime expenses will not be authorized ,40000 4 Participating Agency Responsibility I General Requirements Authorized members will be allowed to attend FEMA Sponsored and FEMA Sanctioned training as staffing allows, when the opportunity presents itself and when the training is an identified requirement for the specific position on the task force. Participating agency's are responsible for an authorized member's salary or backfill expense and it is not eligible for reimbursement from the Sponsoring Agency. Participating agencies are responsible for a participant meeting the general training requirements listed below 1. Must be Physically fit to perform the duties assigned without accommodations 2 Must be available on short notice to mobilize within 2 hours to the point of assembly, be self sufficient for at least 72 hours and be available for a response assignment of up to 10 days. 3. Must be capable of improvising and functioning for long hours under adverse conditions. 4. Must be able to function safely at heights and on and around rubble. 5. Participating agency must provide certificate of training or letter signed by their agency, showing an individual has been provided training to make them aware of the signs and symptoms of Critical Incident Stress Syndrome. 6. Provide and maintain a current certificate for American Heart Association or equivalent CPR, Basic Life Support. 7. Provide a current certificate of training or agency letter as proof of annual refresher training for First Responder Operations Level Hazardous Materials per OSHA standard 1910.120, Hazardous Waste Operations and Emergency Response if employed by a first response organization and if it is required as a condition of employment. 8. Certificates of completion for IS 100, IS 200, IS 700 and IS 800 on line courses must be on file with the sponsoring agency. Salary expense to include backfill or overtime reimbursement is not authorized for taking these courses. 9. Participating agencies will schedule authorized members to attend annual fit testing opportunities while the individual is working and on duty to reduce expense. 10. Participating agencies will provide certificates of completion for DOJ Emergency Response to Terrorism, Basic Concepts or equivalent. Salary expense to include backfill or overtime is not authorized 11. Rescue Systems 1 training is a requirement for all members and is the responsibility of the participating agency. Tuition and Salary expense to include backfill or overtime is not authorized. 12. Participating Agencies that have an annual or bi annual medical screening program will provide a fit for duty letter signed by the agencies medical service provider per FEMA directive 2005-008. See appendix G �.r 5 Participating agency responsibility 1 Position Specific Requirements If an individual must maintain a certificate or license as a condition of employment it is the responsibility of the Participating Agency to forward to the Sponsoring Agency a copy of updated license or certification. Examples are; • Hazmat Medical Surveillance • Annual EMT CE's • EMT Certification • Medical Licensure • CPR Recertification every three years wool 6 Appendix C Reimbursement procedures The Sponsoring Agency will reimburse a Participating Agency in accordance with the language of the Interim Rule in a timely manner upon receipt of accurate and complete required documentation of expenses. Only actual expenses authorized will be reimbursed. Equipment expenses • All purchases related to activation must be processed and approved by the Sponsoring Agency and must be items located on the DHS/FEMA approved US&R cache list. • Purchase orders must include the cache item number associated with the purchased equipment. • Cache item numbers are located on the current cache list which can be found in the WATF 1 web portal. • For every equipment item procured, there must be proper supporting documentation to receive reimbursement including, purchase orders, requisitions, and invoices from the vendors with appropriate authorizing signatures. • If an equipment purchase exceeds the item's cost cap, the purchasing agent must receive in advance Sponsoring Agency approval and provide written justification to the Sponsoring Agency for documentation purposes. slime • Requests for purchase or maintenance of equipment and supplies not appearing on the equipment cache list, or that exceed the number specified in the equipment cache list, must be made in writing to the DHS/FEMA US&R Program Manager. • No Federal funds provided under any preparedness cooperative agreement may be expended to purchase or maintain any equipment or supply item unless: 1. The equipment and supplies directly support the Sponsoring Agencies US&R capability, or 2. The DHS/FEMA US&R Program Manager approves the expenditure and gives written notice of his or her approval to the Sponsoring Agency before the participating agency, or Sponsoring Agency purchases the equipment or supply item. • The Sponsoring Agency is responsible for compiling all reimbursement claims. For each invoice, the Sponsoring Agency will provide a cover sheet. The invoice cover sheet will itemize each item purchased. A summary document will be provided to list all invoices submitted. Salary and Wage reimbursement • Salaries and Backfill reimbursement for Readiness activities shall be reimbursed as specified above and in accordance with the Participating Agency's standard pay policy. The Sponsoring Agency retains the right to modify reimbursement levels for each Readiness activity based on Cooperative Agreement funding availability and other mitigating factors. • Salaries and Backfill reimbursement for Activation activities shall be reimbursed in accordance with the Participating Agency's standard pay policy and all rules as specified in 7 the Interim Rule. Furthermore, the Participating Agency must prepare and submit to the Sponsoring Agency, in the proper claim format, all requests for reimbursements within 60 days after the Rehabilitation Period has ended. The Sponsoring Agency will provide the Participating Agency the most current format available at time of activation. Proof of salaries/benefits/backfill payments to Activated Personnel and backfill personnel must be submitted as part of the reimbursement claim request packet. • The Sponsoring Agency will submit a full claim reimbursement request to DHS/FEMA. Upon completion of review by DHS/FEMA, the Sponsoring Agency will process payments to the Participating Agency based on the final claim approval by DHS/FEMA. • The Participating Agency can request the Sponsoring Agency submit an appeal of any un- allowed expenses within 30 days of receiving notification of an exception to the original reimbursement claim amount. Additional documentation or explanation must accompany the appeal request. wool 8 ___ Appendix D Compensation Rates Current regular and overtime hourly rates of pay: Name Reg OT Aho, Will $31.70 $47.55 Bigger, Brett $32.83 $49.25 Boyer, Mike $31.70 $47.55 Hartman, Greg $58.47 $87.71 Lazenby, Jake $31.13 $46.70 errr 9 Aro. • Appendix E -4400 Required documents and records from Participating agency 1. On Agency letterhead, verification of"General Training Requirements"for rostered personnel. 2. Certificates of completion for requirements listed in the"Position Description Directive" dated 2008-05, or any subsequent revisions of this document. 3. Participating Agencies that have an annual or bi annual medical screening program will provide a fit for duty letter signed by the agencies medical service provider per FEMA directive 2005. This is to include a respiratory questionnaire. 10 Appendix F List of participating agency contacts Participating agency: CITY OF RENTON FIRE AND EMERGENCY SERVICES DEPARTMENT Address 1055 S Grady Way/Renton, WA 98057 Phone 425-430-7001 Point of Contact Bill Flora, Deputy Chief/Fire Marshal, Community Risk Reduction 425-430-7061 r 11 Appendix G Medical Screening Medical Screening of all authorized members is required annually by DHS/ FEMA US&R program directive. Departments with an existing annual medical screening program; • WATF-1 will reimburse Task Force member's agency for any required additional medical testing that is not currently provided under the agency's existing program. The Department may bill WATF-1 with a single billing for all of its authorized members for the additional testing required by FEMA. • WATF-1 will reimburse agencies for expenses incurred up to but no more than the current contracted prices from the Sponsoring Agencies Contracted Medical Service Provider. • Individual Task Force members may not submit medical bills for reimbursement—only participating agency bills will be accepted. Departments without an existing annual medical screening program • Authorized members without existing health screening from their Participating Agency will be required to use the Sponsoring Agency's contracted medical service provider for health screening. Required testing includes; • Vital signs and standard physical examination • Laboratory o CBC, Differential platelets o Chemistry panel to include liver& renal function tests • Aspartate Aminotransferase (AST) • Alanine Aminotransferase (ALT) • Alkaline Phosphatase (AlkPhos) • Gamma-Glutamyl Transpeptidase (GGTP) • Total and direct Bilirubin • creatinine • blood Urea Nitrogen (BUN) • Glucose • electrolytes, (Na, K, CI, Co2) • Total protein • Albumin • Calcium. o Urinalysis (urine dip, microscopic if indicated) o Urine heavy metal screen, (qualitative, spot urine). HAZMAT task Force members only o Spirometry o Chest x-ray(PA and Lateral) To establish baseline, Does not need to be repeated annually unless medically indicated o Resting 12-lead ECG ,,e 12 3 CITY OF RENTON COUNCIL AGENDA BILL AI#: )/ i• Submitting Data: For Agenda of: October 20, 2008 lika0 Dept/Div/Board.. Police Department Staff Contact Chief Milosevich Agenda Status Consent X Subject: Public Hearing.. Accept Grant Funding and Correspondence.. Increase Police Department's Authorized Strength by Ordinance One Full-time Commissioned Employee Resolution Old Business Exhibits: New Business Issue paper Study Sessions Resolution Information Ordinance Recommended Action: Approvals: Refer to Public Safety Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... $70,962 Transfer/Amendment Amount Budgeted 0 Revenue Generated... $70,962 From Grant Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The State of Washington created the Washington Auto Theft Prevention Authority to administer state-funded grants that focus on addressing the high volume of auto theft and auto theft related crimes within the state. South King County, North Pierce County and the King County Prosecutor's Office are developing a multi jurisdictional taskforce to target auto theft within the local region. If authorized, an inter-local agreement will be developed to include the City of Renton. STAFF RECOMMENDATION: Authorize the acceptance of grant funding. Authorize the increase of one full-time commissioned officer position to the budget of the Police Department, contingent upon the continuation of grant funding. atool Rentonnet/agnbill/ bh t ti`SYe POLICE DEPARTMENT .4 MEMOR ANDUM DATE: October 13, 2008 TO: Marci Palmer, Council President Members of the Renton City Council VIA: J( Denis Law, Mayor (erDt FROM: Kevin Milosevich, Chief of Police SUBJECT: Request to Formally Accept Grant Funding and Increase Police Department's Authorized Strength by One Full-time Commissioned Employee ISSUE: Should the City Council authorize the acceptance of approximately $70,962 to fund a new full-time police investigator, to be assigned to the "Preventing Auto Theft through Regional Operational Links" (PATROL) taskforce? Now RECOMMENDATION: Approve and authorize the acceptance of grant funding and the increase of one full time commissioned officer position to the budget of the Police Department, contingent upon the continuation of grant funding. BACKGROUND: The State of Washington created the Washington Auto Theft Prevention Authority, to administer state funded grants that focus on addressing the high volume of auto theft and auto theft related crimes within the state. South King County law enforcement agencies, North Pierce County agencies, as well as the King County Prosecutor's Office developed a strategy to create a multi jurisdictional taskforce to target auto theft within the local region. The taskforce committee submitted a grant request to establish Preventing Auto Theft through Regional Operational Links (PATROL). The State of Washington awarded the taskforce $1,030,000 to cover equipment, facilities, and staffing through the end of the State's 2008/2009 fiscal year. It is anticipated that the grant will be renewed annually, as the funding is derived from an additional fee imposed on traffic citations. The law enforcement portion of the grant includes funding for one supervisor and six investigators to work in a proactive capacity and utilize a dedicated prosecuting attorney *my to focus on repeat offenders and auto theft issues. The Renton Police Department would like to participate in this grant by assigning an investigator to the taskforce. In turn,the state would reimburse the investigator's salary and benefits. The benefit to the city will be the availability of increased regional resources and intelligence information to address and impact auto theft within the city. h:\pd_admin\ga\agendabills-issue papers\2008 agenda bills\2008-issuepaper-watpa.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING ACCEPTANCE OF THE GRANT FROM THE STATE OF WASHINGTON TO FUND A FULL-TIME INVESTIGATOR TO BE ASSIGNED TO THE "PREVENTING AUTO THEFT THROUGH REGIONAL OPERATION LINKS" TASKFORCE. WHEREAS, the State of Washington created the Washington Auto Theft Prevention Authority (WATPA), to administer state funded grants that focus on addressing the high volume of auto theft and auto theft related crimes within the state; and WHEREAS, south King County law enforcement agencies and north Pierce County agencies, as well as the King County Prosecutor's Office developed a strategy to create a multi- jurisdictional taskforce to target auto theft within the local region; and *oro WHEREAS, the taskforce committee submitted a grant request to establish the Preventing Auto Theft through Regional Operational Links (PATROL) taskforce; and WHEREAS, the State of Washington awarded the taskforce $1,030,000 to cover equipment, facilities, and staffing through the end of the State's 2008/2009 fiscal year; and WHEREAS, the Renton Police Department would like to participate in this grant by assigning an investigator to the taskforce. In turn, the state would reimburse the investigator's salary and benefits, totaling $70,962; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. iirow 1 RESOLUTION NO. SECTION II. The City Council does hereby authorize the acceptance of the grant funds from the State of Washington (WATPA) in the amount of $70,962, to fund a full-time investigator to be assigned to the PATROL taskforce. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1379:10/1/08:scr 2 CITY OF RENTON, WASHINGTON New ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY ALLOCATING FUNDS FROM A GRANT FROM THE STATE OF WASHINGTON (WASHINGTON AUTO THEFT PREVENTION AUTHORITY) IN THE AMOUNT OF $70,962 TO FUND 000/008 GENERAL FUND - POLICE DEPARTMENT; AUTHORIZING THE ADDITION OF A FULL-TIME INVESTIGATOR; AND ADDING THE POSITION TO THE 2008 BUDGET INDEX OF POSITIONS. WHEREAS, the State of Washington created the Washington Auto Theft Prevention Authority (WATPA), to administer state funded grants that focus on addressing the high volume of auto theft and auto theft related crimes within the state; and WHEREAS, south King County law enforcement agencies and north Pierce County agencies, as well as the King County Prosecutor's Office developed a strategy to create a multi- jurisdictional taskforce to target auto theft within the local region; and WHEREAS, the taskforce committee submitted a grant request to establish the Preventing Auto Theft through Regional Operational Links (PATROL) taskforce; and WHEREAS, the State of Washington awarded the taskforce $1,030,000 to cover equipment, facilities, and staffing through the end of the State's 2008/2009 fiscal year; and WHEREAS, in order to participate in this grant and the taskforce, the Renton Police Department will need to assign an investigator to the taskforce and add a full time equivalent to the 2008 Budget Index of Positions; and WHEREAS, the state would reimburse the City of Renton for PATROL Taskforce Investigator's salary and benefits, totaling $70,962; and WHEREAS, this additional position is contingent upon the continuation of grant funding; 1 4.rrft. ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in Fund 000/008 is hereby adjusted as follows: Account No. 2008 Budget Budget Adjustment 2008 Adjusted Budget 000.000000.008.5210.0023 $1,730,221 $70,962 $1,801,183 Source of funds: Grant from State of Washington (Washington Auto Theft Prevention Authority) SECTION II. The PATROL Taskforce Investigator position, grade pc60 is hereby added to the 2008 Budget index of positions. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved to as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1506:l 0/3/08:scr wad 2 0 r CITY OF RENTON COUNCIL AGENDA BILL AI#: ---2, w 9 Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division October 20, 2008 Staff Contact Ryan Zulauf, Airport Manager, Agenda Status (ext. 7471) Consent X Subject: Public Hearing.. Correspondence.. Fuel Flowage Fee Increase at the Ordinance X Renton Municipal Airport Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Fuel Flowage Fee Comparison Chart Ordinance Airport Board of the City of Renton- Schedule of Charges, 1966 Recommended Action: Approvals: Legal Dept X Refer to Transportation (Aviation) Committee Finance Dept Other Human Resources/Risk Mgmt Fiscal Impact: (Budget Line 402.000000.000.3440.0050.00.000012) Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Approximately $19,000 per year Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Renton Municipal Airport has been charging a fuel flowage fee of$0.02 per gallon for both 100 Low Lead and Jet A fuels used on the airport. This fee should be increased to$0.06 per gallon to better align our airport fee with every other fuel dispensing airport in the region. This increase will be used to fund airport operations and improvements. STAFF RECOMMENDATION: Approve the fuel flowage fee increase from $0.02 to $0.06 per gallon. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-Fuel Flowage Fee Increase\Agenda Bill Cover Page.doc r Y O =411., a; � PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: October 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: At Dt' Denis Law, Mayor FROM: Gregg ZimmermaiArQministrator STAFF CONTACT: Ryan Zulauf,Airport Manager(x7471) SUBJECT: Fuel Flowage Fee Increase at the Renton Municipal Airport ISSUE: Should the City adjust the fuel flowage fee at the Renton Municipal Airport from $0.02 per gallon to $0.06 per gallon for both Jet A and 100 Low Lead (100LL) aviation fuels? `411✓ RECOMMENDATION: Approve the fuel flowage fee increase from $0.02 to $0.06 per gallon. BACKGROUND SUMMARY: The City of Renton has been charging a fuel flowage fee for JetA and 100LL fuels dispensed to any location on the Airport since January 1966. This fuel flowage fee has never been increased. The City should increase this fuel flowage fee to align with every other airport in the region as a method to increase operating revenue that will be used solely for airport operations and improvements. Increasing the fee to $0.06 per gallon is needed to help the airport maintain a self-sustaining rate structure, as required by the federal grant assurances. In 2007, the $0.02 fuel tax was paid on 215,778 gallons of JetA and 269,775 gallons of 100LL generating over $9,711 in revenue. In comparison, if the fee had been $0.06 per gallon in 2007, the Airport would have collected approximately $29,133.18, an increase of$19,422.18 for that year. Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 October 20,2008 sord Currently, the Renton Municipal Airport has the lowest fuel flowage fee of all the other airports in the region. The average fuel flowage fee for a gallon of JetA and 100LL in the region is $0.063 and $0.06 per gallon, respectively. While having the lowest fuel flowage fee could be considered an incentive for air traffic to frequent the Airport, the current pricing structure is economically inefficient as a revenue stream used for airport operations and improvements. The Renton Municipal Airport does not expect a significant decline in fuel demand as a result of this increase since the tax will better align our fuel providers with other providers in the region. For instance, price is just one variable that determines where pilots purchase fuel. Other variables include where the aircraft is based, convenience, pilot preference, customer service, etc. Overall, this adjustment may have some impact on the number of arrivals into the airport, though that impact will most likely be minimal. Boeing will not be impacted by the fuel flowage fee increase since they were exempt from the fee in total as part of its 1965 lease agreement #877-65. cc: Peter Hahn,Deputy Public Works Administrator—Transportation Nod Ryan Zulauf,Airport Manager JoAnn Wykpisz,Principal Financial&Administrative Analyst Jonathan Wilson,Assistant Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary File h:\file sys\air-airport,transportation services division\03 projects\0l tasks\agenda bills\agenda bill-fuel flowage fee increase\issue paper fuel flowage increase.doc Fuel Flowage Fees Local Area Comparisons- September 2008 Now Airport Jet A Fuel 100LL Fuel 1 Paine Field $0.05/gallon $0.04 /gallon 2 Renton Airport $0.02/ gallon $0.02/gallon 3 Tacoma Narrows $0.06/gallon $0.06 /gallon 4 Auburn Municipal No Jet A Offered $.085/gallon 5 Boeing Field $0.075/gallon $0.05/gallon 6 Arlington $0.05 /gallon $0.05 /gallon N""'` 7 Bremerton $0.08 /gallon $0.08 /gallon CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING A NEW SECTION S, ENTITLED "AIRPORT FUEL FLOWAGE FEES." WHEREAS, the City of Renton holds and operates the`Renton Municipal Airport (aka Clayton Scott Field) under and subject to a grant and conveyance fro 'the United States of America; and " WHEREAS, the grant and conveyance were made:'by the authority granted in the Surplus Property Act of 1944, as amended; and WHEREAS, the grant and conveyance of the airport by the United States of America impose on the City of Renton the requirement that the City comply with the Grant Assurances, Order 5190.6A, which includes a requirement that the city maintain a "sustainable rate" structure; and WHEREAS, °the City of Renton has been charging a fuel flowage fee for JetA and 100LL Awls dispensed to '4ny location on the Airport since January of 1966, and this fuel flowage feean s never been increased, and WHEREAS, currently, Renton Airport has the lowest fuel flowage fee of all the other airports in the regiot The average fuel flowage fee for a gallon of JetA and 100LL in the region is $0.063 and $0.06 per gallon, respectively; and WHEREAS, increasing the fee to $0.06/gallon is needed to help the airport maintain a self sustaining rate structure, as required by the federal grant assurances; and WHEREAS, the fuel flowage fees do not currently appear in the Renton Municipal Code and this ordinance will codify these fees; Nod1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new section, entitled."Airport Fuel Flowage Fees," to read as follows: 5-1-8 AIRPORT FUEL FLOWAGE FEES: A. Aviation Fuel Flowage Fees: Wholesale fuel distributors of Aviation Fuel shall pay, to the City of Renton a fuel flowage fee $.06 per gallon of JetA and :100LL fuel delivered to any location at the Renton Municipal Airport with all of the revenue deposited in the Airport Fund that pays for the operation and maintenance of the Airport. B. Reporting: Wholesale fuel distributors of Aviation Fuel shall, on the last day of each month, provide to,the City"of Renton a Fuel Flowage Fee Report, and a copy of each invoice for Aviation Fuel distributed at the Renton Municipal Airport, for ' the subject n onth. y n,. C. Violations and Penalties ' ; Failure to pay the Fuel Flowage Fee or to provide the required Fuel Flowage Fee Report.and supprting invoices shall be a violation of this section. Any violation of this:'‘section shall be a [misdemeanor?][civil infraction?]. The maximum /minimum fine shall be $ SECTION II. This ordinance shall become effective upon its passage, approval and thirty(30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. err. 2 ORDINANCE NO. Naid Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1509:10/10/08:scr ',Jed 3 .. , . _ . 1 ) ( ) . , . . , 1st Revised Page No. 14 Cancels Nime rENTON MUNI• CIPAL AIRPORT Original Page No. 18 • Section 8 - Schedule of Charges 1. Aviation Fuel - Gallonage Charge Vendors of Aviation Fuel shall pay to the Renton Airport 2 cents per gallon on all Aviation Fuel and 5 cents per gallon on all Lubricating Oils delivered to any location at the Renton Municipal Airport. Exception: kill not apply to Boeing Airplane Company which is under separate lease agreement. . . • . • • Nwpo -. • Airport Board of the City of Renton, Washington Now Adopted: January 18, 1966 Effective: January 19, 1966 , • , - CITY OF RENTON COUNCIL AGENDA BILL AI#: 7/ Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division October 20,2008 Staff Contact Ryan Zulauf,Airport Manager Agenda Status (ext 7471) Consent X Subject: Public Hearing.. Standard Consultant Agreement for Appraisal of Boeing Correspondence.. Buildings and Ground on the Renton Municipal Airport Ordinance Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Standard Consultant Agreement Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other Fiscal Impact(402.000.16.546.20.41.001a90014/0000) Expenditure Required... $26,400 Transfer/Amendment Amount Budgeted $40,557 Revenue Generated Total Project Budget . $26,400 City Share Total Project $26,400 SUMMARY OF ACTION: On May 31,2010,the 45-year lease between the City and The Boeing Company(Boeing)comes to an end. At the end of the existing lease, all Boeing-owned buildings and structures revert to City ownership per section 15.4 of the 1965 lease. The City can then lease the buildings at fair market value back to Boeing to help maintain the self-sustaining rate structure for the Airport, consistent with the requirement of the federal grant assurances. Ensuring that the Airport remains self-sustaining and is well maintained is a major step in retaining The Boeing Company's long term presence in Renton. The standard consultant agreement for appraisal is the first step in collecting the market information needed to determine the fair market value of these assets,prior to entering into lease discussions. Included in the appraisal work will be a market analysis of a"Through the Fence"(TTF)access fee. The fee, and that portion of the lease that grants the TTF access rights onto the Airport,must be submitted to the FAA for review and approval prior to the City signing the lease with Boeing. The FAA's role is to ensure that the City is maintaining a self-sustaining rate structure for the Airport, and that the TTF access rights granted to a tenant is not a long-term encumbrance to the Airport. Attached is a contract in an amount not to exceed$26,400 for the appraisal work. The professional services portion of Fund 402 will be used to fund this work and currently has$40,577 as a remaining, unencumbered balance for 2008. The appraisal work will be completed at the end of January 2009. STAFF RECOMMENDATION: 1. Approve the Standard Consultant Agreement with Allen Brackett Shedd, in the amount of $26,400,for the Boeing leased property survey. 2. Authorize the Mayor and City Clerk to execute the Standard Consultant Agreement with Allen Brackett Shedd. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Boeing Appraisal-Allen Brackett Shedd\Ag bill ABS Boeing appraisal.doc PUBLIC WORKS DEPARTMENT + MEMORANDUM DATE: October 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman! ministrator STAFF CONTACT: Ryan Zulauf,Airport Manager(x7471) SUBJECT: Standard Consultant Agreement for Appraisal of Boeing Buildings and Ground on the Renton Municipal Airport ISSUE: Should Council approve a Standard Consultant Agreement with Allen Bracket Shedd, and authorize the Mayor and City Clerk to sign the Standard Consultant Agreement? RECOMMENDATION: 1. Approve the Standard Consultant Agreement with Allen Brackett Shedd, in the amount of$26,400, for the Boeing leased property survey. 2. Authorize the Mayor and City Clerk to execute the Standard Consultant Agreement with Allen Brackett Shedd. BACKGROUND SUMMARY: On May 31, 2010, the 45-year lease between the City and The Boeing Company (Boeing) comes to an end. At the end of the existing lease, all Boeing-owned buildings and structures revert to City ownership per section 15.4 of the 1965 lease. The City can then lease the buildings at fair market value back to Boeing to help maintain the self-sustaining rate structure for the Airport, consistent with the requirement of the federal grant assurances. Ensuring that the Airport remains self-sustaining and is well maintained is a major step in retaining The Boeing Company's long term presence in Renton. The appraisal contract is the first step in collecting the market information needed to determine the fair market value of these assets, prior to entering into lease discussions. The proposed appraisal will include the following assets: Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 October 20,2008 Noire Facilities owned by Boeing until 2010: 1. Fuel Farm (constructed in 1993) Note: Because the Fuel Farm is a specialized asset, an additional expert with knowledge of aviation fuel farms may be needed to better assess the value of this asset. 2. 5-50 Paint Hangar (currently undergoing rehabilitation/recertification as a paint hangar) 3. 5-08/5-09 Building (remodeled in 2005) City-owned Building Leased by Boeing: 1. 5-02 Building Included in the appraisal work will be a market analysis of a "Through the Fence" (TTF) access fee. The fee, and that portion of the lease that grants the TTF access rights onto the Airport, must be submitted to the FAA for review and approval prior to the City signing the lease with Boeing. The FAA's role is to ensure that the City is maintaining a self-sustaining rate structure for the Airport, and that the TTF access rights granted to a tenant is not a long-term encumbrance to the Airport. Attached is a Standard Consultant Agreement in an amount not to exceed $26,400 for the appraisal work. The professional services portion of Fund 402 will be used to fund this work and currently has $40,577 as a remaining, unencumbered balance for 2008. The appraisal work will be completed at the end of January 2009. cc: Peter Hahn,Deputy PW Administrator—Transportation Ryan Zulauf,Airport Manager JoAnn Wykpisz,Principal Financial&Administrative Analyst Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Boeing Appraisal-Allen Brackett Shedd\Issue Paper-ABS Boeing Appraisal.doc Consultant/Address/Telephone Local Agency Allen Brackett Shedd (ABS Valuations) Standard Consultant 12320 NE 8th Street, Suite 250 40.0 Agreement Bellevue, WA 98005 Agreement Number Federal Aid Number Project Title And Work Description Property Appraisal -Property appraisal(building Agreement Type(Choose one) and ground) for Boeing Lease on airport. ®Lump Sum Lump Sum Amount $ 0 Cost Plus Fixed Fee Overhead Progress Payment Rate DBE Participation Overhead Cost Method 0 Yes ®No ❑Actual Cost WBE Participation ❑Actual Cost Not To Exceed % 0 Yes 0 No Federal ID Number or Social Security Number ❑Fixed Rate % Fixed Fee $ Do you require a 1099 for IRS? Completion Date 0 Specific Rates Of Pay _ ❑Yes ❑No June 30, 2010 ,,. ❑Negotiated Hourly Rate Total Amount Authorized$ 24,000.00 ❑Provisional Hourly Rate Management Reserve Fund $ 2,400.00 0 Cost Per Unit of Work Maximum Amount Payable$ 26,400.00 f _ THIS AGREEMENT, made and entered into this day of between the Local Agency of Renton , Washington, hereinafter called the "AGENCY" , and the above organization hereinafter called the"CONSULTANT". WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, `fir, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: DOT Form 140-089 EF Page 1 of 8 Revised 12/99 ter. All reports, PS&E materials,and other data,furnished GENERAL DESCRIPTION OF WORK to the CONSULTANT by the AGENCY shall be returned.All designs, drawings,specifications, The work under this AGREEMENT shall consist of documents,and other work products prepared by the the above described work and services as herein CONSULTANT prior to completion or termination of 'g defined and necessary to accomplish the completed this AGREEMENT are instruments of service for this work for this PROJECT.The CONSULTANT shall PROJECT and are property of the AGENCY. Reuse furnish all services, labor and related equipment by the AGENCY or by others acting through or on necessary to conduct and complete the work as behalf of the AGENCY of any such instruments of designated elsewhere in this AGREEMENT. service,not occurring as a part of this PROJECT, shall be without liability or legal exposure to the II CONSULTANT. SCOPE OF WORK IV The Scope of Work and project level of effort for this TIME FOR BEGINNING AND COMPLETION project is detailed in Exhibit"B"attached hereto, and by this reference made a part of this AGREEMENT. The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in III writing by the AGENCY.All work under this GENERAL REQUIREMENTS AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under All aspects of coordination of the work of this completion date. AGREEMENT,with outside agencies, groups or individuals shall receive advance approval by the The established completion time shall not be extended AGENCY. Necessary contacts and meetings with because of any delays attributable to the CONSULT- agencies,groups or individuals shall be coordinated ANT, but may be extended by the AGENCY, in the tiS through the AGENCY. event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of The CONSULTANT shall attend coordination, GOD or governmental actions or other conditions progress and presentation meetings with the beyond the control of the CONSULTANT.A prior AGENCY or such Federal, Community, State, City supplemental agreement issued by the AGENCY is or County officials, groups or individuals as may be required to extend the established completion time. requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior V to meetings requiring CONSULTANT participation. PAYMENT The minimum number of hours or days notice— required shall be agreed to between the AGENCY The CONSULTANT shall be paid by the AGENCY and the CONSULTANT and shown in Exhibit"B" for completed work and services rendered under this attached hereto and made part of this AGREEMENT. AGREEMENT as provided in Exhibit"C"attached The CONSULTANT shall prepare a monthly hereto, and by this reference made part of this progress report, in a form approved by the AGENCY, AGREEMENT. Such payment shall be full compen sation for work performed or services rendered and that will outline in written and graphical form the various phases and the order of performance of the for all labor, materials, supplies,equipment, and incidentals necessary to complete the work work in sufficient detail so that the progress of the specified in Section Il, "Scope of Work". The work can easily be evaluated. Goals for Disadvan- CONSULTANT shall conform with all applicable taged Business Enterprises(DBE)and Women portions of 48 CFR 31. Owned Business Enterprises(WBE)if required shall be shown in the heading of this AGREEMENT. Page 2 of 8 VI employees of the CONSULTANT only and not of the SUBCONTRACTING AGENCY, and any and all claims that may or might The AGENCY permits subcontracts for those items arise under any Workmen's compensation Act on behalf of said employees or other persons while so of work as shown in Exhibit G to this Agreement. engaged, and any and all claims made by a third party Noe Compensation for this subconsultant work shall be as a consequence of any act or omission on the part of based on the cost factors shown on Exhibit G, at- the CONSULTANT'S employees or other persons tached hereto and by this reference made a part of this while so engaged on any of the work or services AGREEMENT. provided to be rendered herein, shall be the sole The work of the subconsultant shall not exceed its obligation and responsibility of the CONSULTANT. maximum amount payable unless a prior written The CONSULTANT shall not engage, on a full or approval has been issued by the AGENCY. part time basis, or other basis,during the period of the All reimbursable direct labor, overhead, direct non- contract, any professional or technical personnel who salary costs and fixed fee costs for the subconsultant are, or have been, at any time during the period of the shall be substantiated in the same manner as outlined contract, in the employ of the United States Depart- in Section V. All subcontracts exceeding$10,000 in ment of Transportation, the STATE, or the cost shall contain all applicable provisions of this AGENCY,except regularly retired employees, AGREEMENT. without written consent of the public employer of The CONSULTANT shall not subcontract for the such person. performance of any work under this AGREEMENT VIII without prior written permission of the AGENCY. No NONDISCRIMINATION permission for subcontracting shall create, between the AGENCY and subcontractor, any contract or any The CONSULTANT agrees not to discriminate other relationship. against any client, employee or applicant for employ- ment or for services because of race, creed, color, Noriry VII national origin, marital status, sex, age or handicap EMPLOYMENT except for a bona fide occupational qualification with regard to, but not limited to the following: employ- The CONSULTANT warrants that he/she has not ment upgrading, demotion or transfer, recruitment or employed or retained any company or person,other any recruitment advertising, a layoff or terminations, than a bona fide employee working solely for the rates of pay or other forms of compensation, selection CONSULTANT, to solicit or secure this contract, and for training, rendition of services. The CONSULT- that it has not paid or agreed to pay any company or ANT understands and agrees that if it violates this person,other than a bona fide employee working provision, this AGREEMENT may be terminated by solely for the CONSULTANT, any fee, commission, the AGENCY and further that the CONSULTANT percentage, brokerage fee,gift, or any other consider- shall be barred from performing any services for the ation, contingent upon or resulting from the award or AGENCY now or in the future unless a showing is making of this contract. For breach or violation of this made satisfactory to the AGENCY that discrimina- warrant,the AGENCY shall have the right to annul tory practices have terminated and that recurrence of this AGREEMENT without liability, or in its discre- such action is unlikely. tion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of During the performance of this AGREEMENT,the such fee, commission, percentage, brokerage fee,gift, CONSULTANT,for itself, its assignees and or contingent fee. successors in interest agrees as follows: Any and all employees of the CONSULTANT or A. COMPLIANCE WITH REGULATIONS: The other persons while engaged in the performance of CONSULTANT shall comply with the Regula any work or services required of the CONSULTANT tions relative to nondiscrimination in the same under this AGREEMENT, shall be considered manner as in Federal-assisted programs of the Page 3 of 8 Airommommarsurmor Department of Transportation,Title 49,Code of sive possession of another who fails or refuses to Federal Regulations, Part 21,as they may be furnish this information the CONSULTANT shall amended from time to time,(hereinafter referred so certify to the AGENCY,or the United States to as the Regulations),which are herein incorpo- Department of Transportation as appropriate, and rated by reference and made a part of this shall set forth what efforts it has made to obtain AGREEMENT.The consultant shall comply the information. with the American Disabilities Act of 1992, as E. SANCTIONS FOR NONCOMPLIANCE: In the amended. event of the CONSULTANT's noncompliance B. NONDISCRIMINATION:The CONSULTANT, with the nondiscrimination provisions of this with regard to the work performed by it during the AGREEMENT, the AGENCY shall impose AGREEMENT, shall not discriminate on the such sanctions as it or the Federal Highway grounds of race, creed,color,sex, age, marital Administration may determine to be appropriate, status, national origin or handicap except for a including, but not limited to: bona fide occupational qualification in the selec- 1. Withholding of payments to the CONSULT- tion and retention of subconsultants, including ANT under the AGREEMENT until the procurements of materials and leases of equip- ment.The CONSULTANT shall not participate CONSULTANT complies, and/or either directly or indirectly in the discrimination 2. Cancellation,termination or suspension of the prohibited by Section 21.5 of the Regulations, AGREEMENT, in whole or in part. including employment practices when the contract covers a program set forth in Appendix II of the F. INCORPORATION OF PROVISIONS: The Regulations. CONSULTANT shall include the provisions of paragraphs(A)through(G)in every subcontract, C. SOLICITATIONS FOR SUBCONSULTANTS, including procurements of materials and leases of INCLUDING PROCUREMENTS OF MATERI- equipment, unless exempt by the Regulations or ALS AND EQUIPMENT: In all solicitations directives issued pursuant thereto.The CON- either by competitive bidding or negotiation made SULTANT shall take such action with respect to by the CONSULTANT for work to be performed any subconsultant or procurement as the under a subcontract, including procurements of AGENCY or the Federal Highway Administra- materials or leases of equipment, each potential tion may direct as a means of enforcing such subconsultant or supplier shall be notified by the provisions including sanctions for noncompli- CONSULTANT of the CONSULTANT's ance; provided, however,that, in the event a obligations under this AGREEMENT and the CONSULTANT becomes involved in, or is Regulations relative to nondiscrimination on the threatened with, litigation with a subconsultant or grounds of race, creed, color, sex, age, marital supplier as a result of such direction,the CON- status, national origin and handicap. ULTANT may request the AGENCY to enter D. INFORMATION AND REPORTS:The into such litigation to protect the interests of the AGENCY, and in addition,the CONSULTANT CONSULTANT shall provide all information may request the United States to enter into such and reports required by the Regulations, or litigation to protect the interests of the United directives issued pursuant thereto, and shall States. permit access to its books, records, accounts, other sources of information, and its facilities as G. UNFAIR EMPLOYMENT PRACTICES:The may be determined by the AGENCY to be CONSULTANT shall comply with RCW pertinent to ascertain compliance with such 49.60.180. Regulations or directives.Where any information required of the CONSULTANT is in the exclu- Page 4 of 8 IX In the event of the death of any member, partner or TERMINATION OF AGREEMENT officer of the CONSULTANT or any of its supervi- The right is reserved by the AGENCY to terminate sory personnel assigned to the project, or, dissolution of the partnership, termination of the corporation,or this AGREEMENT at any time upon ten days written err" disaffiliation of the principally involved employee, notice to the CONSULTANT. the surviving members of the CONSULTANT hereby In the event this AGREEMENT is terminated by the agree to complete the work under the terms of this AGENCY other than for default on the part of the AGREEMENT, if requested to do so by the CONSULTANT,a final payment shall be made to the AGENCY.The subsection shall not be a bar to CONSULTANT as shown in Exhibit F for the type of renegotiation of the AGREEMENT between the AGREEMENT used. surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. No payment shall be made for any work completed after ten days following receipt by the CONSULT- In the event of the death of any of the parties listed in ANT of the Notice to terminate. If the accumulated the previous paragraph, should the surviving members payment made to the CONSULTANT prior to Notice of the CONSULTANT,with the AGENCY's concur- of Termination exceeds the total amount that would rence,desire to terminate this AGREEMENT, be due computed as set forth herein above,then no payment shall be made as set forth in the second final payment shall be due and the CONSULTANT paragraph of this section. shall immediately reimburse the AGENCY for any Payment for any part of the work by the AGENCY excess paid. shall not constitute a waiver by the AGENCY of any If the services of the CONSULTANT are terminated remedies of any type it may have against the CON- by the AGENCY for default on the part of the CON- SULTANT for any breach of this AGREEMENT by SULTANT,the above formula for payment shall not the CONSULTANT, or for failure of the CONSULT- apply. In such an event,the amount to be paid shall be ANT to perform work required of it by the determined by the AGENCY with consideration AGENCY. Forbearance of any rights under the given to the actual costs incurred by the CONSULT- AGREEMENT will not constitute waiver of entitle- ANT in performing the work to the date of ment to exercise those rights with respect to any termination, the amount of work originally required future act or omission by the CONSULTANT. which was satisfactorily completed to date of termina- tion, whether that work is in a form or a type which is X CHANGES OF WORK usable to the AGENCY at the time of termination; the cost to the AGENCY of employing another firm The CONSULTANT shall make such changes and to complete the work required and the time which revisions in the complete work of this AGREEMENT maybe required to do so, and other factors which as necessary to correct errors appearing therein,when affect the value to the AGENCY of the work per- required to do so by the AGENCY,without additional formed at the time of termination. Under no compensation thereof. Should the AGENCY find it circumstances shall payment made under this subsec- desirable for its own purposes to have previously tion exceed the amount which would have been made satisfactorily completed work or parts thereof using the formula set forth in the previous paragraph. changed or revised, the CONSULTANT shall make If it is determined for any reason that the CONSULT- such revisions as directed by the AGENCY.This ANT was not in default or that the CONSULTANT's work shall be considered as Extra Work and will be failure to perform is without it or it's employee's fault paid for as herein provided under Section XIV. or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT. Page 5 of 8 41111111. XI that nothing herein shall require a CONSULTANT to DISPUTES indemnify the AGENCY and the STATE against and hold harmless the AGENCY and the STATE from Any dispute concerning questions of fact in connec- claims, demands or suits based solely upon the tion with the work not disposed of by AGREEMENT Nod conduct of the AGENCY and the STATE, their between the CONSULTANT and the AGENCY shall agents,officers and employees and provided further be referred for determination to the Director of Public that if the claims or suits are caused by or result from Works or AGENCY Engineer,whose decision in the the concurrent negligence of(a)the matter shall be final and binding on the parties of this CONSULTANT's agents or employees and(b)the AGREEMENT, provided however,that if an action is AGENCY and the STATE,their agents, officers and brought challenging the Director of Public Works or employees,this indemnity provision with respect to AGENCY Engineer's decision,that decision shall be (1)claims or suits based upon such negligence,(2)the subject to de novo judicial review. costs to the AGENCY and the STATE of defending XII such claims and suits, etc. shall be valid and enforce- VENUE, APPLICABLE LAW AND able only to the extent of the CONSULTANT'S PERSONAL JURISDICTION negligence or the negligence of the CONSULTANT's agents or employees. In the event that either party deems it necessary to institute legal action or proceedings to enforce any The CONSULTANT's relation to the AGENCY shall right or obligation under this AGREEMENT, the be at all times as an independent contractor. parties hereto agree that any such action shall be The CONSULTANT specifically assumes potential initiated in the Superior court of the State of Washing- liability for actions brought by the CONSULTANT's ton, situated in the county the AGENCY is located in. own employees against the AGENCY and,solely for The parties hereto agree that all questions shall be the purpose of this indemnification and defense,the resolved by application of Washington law and that CONSULTANT specifically waives any immunity Nos the parties to such action shall have the right of appeal under the state industrial insurance law,Title 51 from such decisions of the Superior court in accor RCW. The CONSULTANT recognizes that this dance with the laws of the State of Washington.The waiver was specifically entered into pursuant to the CONSULTANT hereby consents to the personal provisions of RCW 4.24.115 and was the subject of jurisdiction of the Superior court of the State of mutual negotiation. Washington, situated in the county in which the AGENCY is located in. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of XIII construction contracts, if any, on the project. Subject LEGAL RELATIONS AND INSURANCE to the processing of an acceptable, supplemental The CONSULTANT shall comply with all Federal, agreement,the CONSULTANT shall provide on-call State, and local laws and ordinances applicable to the assistance to the AGENCY during contract adminis work to be done under this AGREEMENT. This tration. By providing such assistance,the AGREEMENT shall be interpreted and construed in CONSULTANT shall assume no responsibility for: accord with the laws of Washington. proper construction techniques,job site safety, or any construction contractor's failure to perform its work The CONSULTANT shall indemnify and hold the in accordance with the contract documents. AGENCY and the STATE, and their officers and employees harmless from and shall process and The CONSULTANT shall obtain and keep in force defend at its own expense all claims, demands, or during the terms of the AGREEMENT,or as other- suits at law or equity arising in whole or in part from wise required,the following insurance with the CONSULTANT's negligence or breach of any of companies or through sources approved by the State its obligations under this AGREEMENT; provided Insurance Commissioner pursuant to RCW 48. Page 6 of 8 XIV Insurance Coverage EXTRA WORK A. Worker's compensation and employer's liability A. The AGENCY may at any time, by written order, insurance as required by the STATE. make changes within the general scope of the AGREEMENT in the services to be performed. B. General commercial liability insurance in an amount not less than a single limit of one million B. If any such change causes an increase or decrease and 00/100 Dollars($1,000,000.00)for bodily in the estimated cost of, or the time required for, performance of any part of the work under this injury, including death and property damage per occurrence. AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and Excepting the Worker's Compensation insurance and conditions of the AGREEMENT,the AGENCY any professional liability insurance secured by the shall make an equitable adjustment in the CONSULTANT,the AGENCY will be named on all (1)maximum amount payable;(2)delivery or certificates of insurance as an additional insured. The completion schedule, or both;and(3)other CONSULTANT shall furnish the AGENCY with affected terms and shall modify the AGREE- verification of insurance and endorsements required MENT accordingly. by this AGREEMENT. The AGENCY reserves the right to require complete,certified copies of all C. The CONSULTANT must submit its"request required insurance policies at any time. for equitable adjustment"(hereafter referred to as claim)under this clause within 30 days from All insurance shall be obtained from an insurance the date of receipt of the written order. However, company authorized to do business in the State of if the AGENCY decides that the facts justify it, Washington. The CONSULTANT shall submit a the AGENCY may receive and act upon a claim verification of insurance as outlined above within submitted before final payment of the 'No"' 14 days of the execution of this AGREEMENT to AGREEMENT. the AGENCY. D. Failure to agree to any adjustment shall be a No cancellation of the foregoing policies shall be dispute under the Disputes clause. However effective without thirty(30)days prior notice to nothing in this clause shall excuse the CON- the AGENCY. SULTANT from proceeding with the The CONSULTANT's professional liability to the AGREEMENT as changed. AGENCY shall be limited to the amount payable E. Notwithstanding the terms and condition of under this AGREEMENT or one million dollars, paragraphs(a)and(b)above,the maximum whichever is the greater unless modified by amount payable for this AGREEMENT, shall Exhibit H. In no case shall the CONSULTANT's not be increased or considered to be increased professional liability to third parties be limited in except by specific written supplement to this any way. AGREEMENT. The AGENCY will pay no progress payments XV under Section V until the CONSULTANT has fully ENDORSEMENT OF PLANS complied with this section. This remedy is not exclu- The CONSULTANT shall place his endorsement on sive;and the AGENCY and the STATE may take such other action as is available to them under other all plans, estimates or any other engineering data provisions of this AGREEMENT, or otherwise in law. furnished by him. likure Page 7 of 8 Arimiramorniiiiimismommosiumr XVI XVIII FEDERAL AND STATE REVIEW COMPLETE AGREEMENT The Federal Highway Administration and the This document and referenced attachments contains Washington State Department of Transportation all covenants, stipulations and provisions agreed upon shall have the right to participate in the review or by the parties. No agent,or representative of either examination of the work in progress. party has authority to make,and the parties shall not be bound by or be liable for,any statement, represen- XVII tation, promise or agreement not set forth herein. No CERTIFICATION OF THE CONSULTANT changes,amendments, or modifications of the terms AND THE AGENCY hereof shall be valid unless reduced to writing and Attached hereto as Exhibit"A-1",are the signed by the parties as an amendment to this Certifications of the Consultant and the Agency, AGREEMENT. Exhibit"A-2"Certification regarding debarment, XIX suspension and other responsibility matters-primary EXECUTION AND ACCEPTANCE covered transactions, Exhibit"A-3"Certification regarding the restrictions of the use of Federal funds This AGREEMENT may be simultaneously executed for lobbying,and Exhibit"A-4"Certificate of Current in several counterparts, each of which shall be Cost or Pricing Data. Exhibits"A-3"and"A-4"are deemed to be an original having identical legal effect. only required in Agreements over$100,000. The CONSULTANT does hereby ratify and adopt all statements, representations,warranties, covenants, and agreements contained in the proposal,and the supporting materials submitted by the CONSULT- ANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. L i By - ' - By Consultant j �� °.L 6 i b:t c Agency Nord Page 8 of 8 Exhibit A-1 Certification Of Consultant Project No. Local Agency I hereby certify that I am r .' ,_ - and duly authorized representative of the firm of Allen Brackett Shedd(ABS Valuations) whose address is --?„ 2 ti; ' • and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission,percentage, brokerage, contingent fee or other consideration,any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract,to employ or to retain the services of any firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution donation or consideration of any kind for,or in connection with procuring or carrying out the contract; except as here expressly stated(if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with the requirements of the board of Professional Registration. I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid funds and is subject to applicable State and Federal laws,both criminal and civil. _ Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of Renton Washington and that the above consulting firm or their representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm,person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated(if any). I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation of Federal aid highway funds and it subject to applicable State and Federal laws, both criminal and civil. store Date Signature 1 Exhibit B— Scope of Work Allen Bracket' Shedd ( Real Estate Appraisers and Consultants Bruce C.Allen,MAI,CRE,President Denise M.Lane,MAI, Vice President Murray Brackett,MAI, Vice President Darin A.Shedd,MAI, Vice President March 17, 2008 Mr. Ryan Zulauf Airport Manager Renton Municipal Airport 616 W. Perimeter Road Renton, Washington 98055 RE: VARIOUS BOEING LEASED PARCELS LOCATED IN RENTON, WASHINGTON Dear Mr. Zulauf: As requested, I have reviewed information relating to several Renton Airport properties for the purpose of estimating a fee and timing for completion of a Market Rent Analysis. The intended use of the report is to assist the Airport in lease negotiations with Boeing or another potential tenant, for space currently occupied by Boeing. The existing long term lease reportedly expires in 2010, and the precise date of valuation will coincide with that date. The analysis is therefore considered a prospective assignment. There are several sites in the group, as follows: A. Fuel Farm property (w/Tanks, Concrete building) B. Apron B property C. Apron A - Former Paint Hangar (5-50 hangar), office building, misc. support buildings. D. Office Building 5-09 (includes vehicular fuel tanks). E. Compass Rose property F. North Gate property G. Thru-the-fence user fee analysis. Several of the above categories require special assumptions prior to commencement of the assignment. Parcel A contains a significant quantity of equipment and underground fuel storage capacity for which condition and alternative use analyses would be necessary. Our analysis would reflect land values, without the specialized improvements, but could incorporate those items that are deemed contributory to value. Association with an expert in the field of Aviation fuel farms and equipment would be necessary, and is outside the scope of our fee quotes. 12320 NE 8th Street, Suite 200 Bellevue, WA 98005 Phone (425) 450-4040 Fax(425) 688-1819 419 Berkeley Avenue, Suite A Fircrest, WA 98466 Phone (253) 274-0099 Fax(253) 564-9442 The Apron B property (B) requires removal of subsurface water pipes and removal of equipment in order to achieve full utility. If such information is made available, it can be incorporated into our assignment; otherwise an assumption would be made regarding the condition/utility of the property. It is my understanding that the parcel C properties are special-use properties designed and built for Boeing. Our conclusions would be based on the concept of market values. Regarding this and any other improved properties, we have no information on building condition. If condition reports or inspections are available, they would be useful in the appraisal process and could be incorporated into our reports. Parcel E (compass rose) is another special purpose property. Essentially, we propose to evaluate the land under highest and best use. We have been asked to also evaluate the site based on continued use of the compass rose. This secondary analysis will likely require a somewhat larger effective area component due to the building restrictions associated with the compass rose. The specific size will be determined through consultation with the airport. The analysis of thru-the-fence value will consist of a study of similar use arrangements at Airports within the region. A Market Rent Study and Consulting Assignment can be completed within 60 days of your authorization to proceed, according to the following fee breakdown: Identification Fee A/B/E/F Properties $9,500 C/D Improvements $8,500 G (Thru-the-F analysis) $6,000 These fee quotes are valid for 10 days from the date of this letter. In order to proceed with this assignment, I need the following information: 1. A signed copy of the enclosed contract, returned to us. 2. Copy of title report/legal descriptions, if available. 3. Site Plans, if available. 4. Copy of building plans, if available. 5. Copies/summaries of any thru-the-fence arrangements currently existing(if any). 6. Name and number of contact person(s) for inspection of land and buildings. In the case of improvements, we typically ask for three years operating history including Income, expenses and copies of leases. We realize this information may be difficult to obtain given that the city may not have access to such data. If this information is accessible, we request copies of such. Thank you for your consideration. I look forward to the opportunity of working with you again. Please call if you have any questions. Sincerely, ALLEN BRACKETT SHEDD Allen Brackett Shedd 41916MB.DOC-Copyright CO 2008 CONTRACT FOR CONSULTING/APPRAISAL SERVICES ALLEN BRACKETT SHEDD, herein referred to as the "Consultant," and RENTON MUNICIPAL AIRPORT, herein referred to as the "Client," hereby agree and contract as follows: Contract Work The Consultant will provide a Market Rent Study and Consulting Assignment of various Boeing properties located at the Renton Airport (see outline in attached Proposal letter. We will develop and report our services in conformance with and subject to the requirements of the Code of Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. The purpose of the appraisal is to provide an opinion of the current market rent of the property. The Consultant will provide the Client with a Rent Study and Consulting assignment within 60 days of your authorization to proceed. II. Contract Sum The Consultant will perform the services outlined above on a fixed fee basis, according to the Proposal Letter. The first group of properties will have a fee of$9,500; Group 2 is quoted at $8,500 and Group 3 is $6,000. If further consultation or court testimony is required, the additional charge is $250 per hour. III. Time of Payment The Consultant shall submit a statement at the completion. Payment shall be due on the date of the statement and shall be deemed delinquent if not made within 30 days of the due date. Delinquent payments shall accrue interest at the rate of 18% per annum from the due date. Should it be necessary for the Consultant to employ the services of an attorney or begin legal proceedings to collect any delinquent payments, the Client shall be liable to the Consultant for a reasonable attorney's fee and the court costs incurred. IV. Termination In the event the consulting services are stopped by the Client at any time, the Consultant's fee shall be calculated, due and payable on the basis of the Consultant's fee schedule in effect on the date of the contract, and the actual hours and direct non-salary expenses incurred to the date of termination. March 17, 2008 f By: DATE ALLEN BRACKETT SHEDD DATE By: (CLIENT) Allen Brackett Shedd 91916MB.DOC-March 19,2008-Copyright©2008 Exhibit C-1 Payment (Lump Sum) A. Lump Sum Agreement Payment for all consulting services for this project shall be on the basis of a lump sum amount as shown in the heading of the AGREEMENT. 1. Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$50,000 or 10%of the Lump Sum Amount as shown in the heading of this Agreement. The amount included for the Management Reserve Fund is shown in the heading of the AGREEMENT. This fund may be replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work." 2. Maximum Total Amount Payable The Maximum Total Amount Payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The maximum total amount payable is comprised of the Lump Sum Amount and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for extra work as stipulated in Section XIV, "Extra Work." Nomoi B. Monthly Progress Payments Partial payments may be made upon request of the CONSULTANT to cover the percentage of work completed, and are not to be more frequent than one(1)per month. To provide a means of verifying the invoiced salary costs for the Consultant's employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rate, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS&E, plans, maps, notes,reports, and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such fmal payment by the CONSULTANT shall constitute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said fmal payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. It is agreed that payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time of fmal audit, all required adjustments will be made and reflected in a fmal payment. In the event that such fmal audit reveals an overpayment to the CONSULTANT, the CONSULTANT agrees to refund such overpayment to the AGENCY within ninety(90)days of notice of any such payment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. D. Inspection of Cost Records The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the AGENCY, the STATE, and the United States for a period of three years after final payment the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation,claim,or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three-year period, the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is complete. Exhibit F Payment Upon Termination of Agreement �wrr By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. ;+ CITY OF RENTON COUNCIL AGENDA BILL I AI#: / /f 14410, Submitting Data: Public Works Department For Agenda of: Dept/Div/Board.. Transportation Systems Division October 20, 2008 Staff Contact Ryan Zulauf, Airport Manager Agenda Status (x7471) Consent X Subject: Public Hearing.. Correspondence.. Kaynan, Inc. Ground Lease Rate Increase Ordinance Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Addendum to LAG 011-85 Addendum to LAG 003-84 Recommended Action: Approvals: Legal Dept X Refer to Transportation (Aviation) Committee Finance Dept Other Risk Management X 111001 Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $24,604.75 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Kaynan, Inc. leases approximately 27,085 square feet of ground space at the Renton Municipal Airport,under lease LAG 011-85,and approximately 79,199 square feet of ground space under lease LAG 003-84. Both of these leases expire in 2016, and allow for a lease rate adjustment every three years(June 1,2008 through May 31, 2011),using a means other than the Consumer Price Index-Urban. In 2007,Allen Brackett Shedd determined that the fair market lease rate for the Airport was $0.57 per square foot per year, for all leased areas. This is an increase, in Kaynan, Inc.'s lease rate, of$0.2315 ($0.57- $0.3385)per square foot per year, or a total increase of$24,604.75 (106,284 x 0.57— 106,284 x 0.3385)per year in additional Airport revenue. Kaynan's annual ground lease payment to the City will now be $60,581.88,plus building rent of $250 per month,not including leasehold taxes. STAFF RECOMMENDATION: Approve a lease rate increase using a recent market appraisal and authorize the Mayor and City Clerk to sign the addendum to each of Kaynan, Inc.'s leases, LAG 011-85 and LAG 003-84. 111.1 H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-Kaynan 003-84 Increase 2008 Addendum\ag bill market appraisal increase 011-85 003-84L.doc f O‘e PUBLIC WORKS DEPARTMENT izze� ,. MEMORANDUM DATE: October 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor ��,�,, FROM: Gregg Zimmerman iininistrator STAFF CONTACT: Ryan Zulauf,Airport Manager(x7471) SUBJECT: Kaynan, Inc. Ground Lease Rate Increase ISSUE: Should Council approve an increase in the ground lease rate using a recent market appraisal and authorize the Mayor and City Clerk to sign an addendum to each of Kaynan, Inc.'s leases, LAG 011-85 and LAG 003-84? „, RECOMMENDATION: Approve a lease rate increase using a recent market appraisal and authorize the Mayor and City Clerk to sign the addendum to each of Kaynan, Inc.'s leases, LAG 001-85 and LAG 003-84. BACKGROUND SUMMARY: In June 2007,the Renton Municipal Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of all Airport leased areas. The result was a suggested increase in the ground lease rate to a fair market value of$0.57 for all ground leases on the Airport. Kaynan, Inc. leases approximately 27,085 square feet of ground space at the Airport, under lease LAG 011-85, and approximately 79,199 square feet of ground space under lease LAG 003-84. Both leases state that, "either party shall, if they desire to adjust the base land rental rate for the ensuing three-year period by a means other than the Consumer Price Index-Urban,provide to the other party a written request for readjustment of the rental rate...” On February 26, 2008, Kaynan, Inc. was notified by certified letter that the lease rate would be readjusted using a means other than the Consumer Price Index-Urban during the next readjustment period, effective June 1, 2008. Marcie Palmer,Council President Members of the Renton City Council Page 2 of 2 October 20,2008 Kaynan, Inc.'s lease rate was increased from $0.3385 to $0.57, on June 1, 2008, for the 106,284 square feet of leased area. This provides additional revenue for the Airport in the amount of$24,604.75,per year. cc: Peter Hahn,Deputy PW Administrator--Transportation Ryan Zulauf,Airport Manager JoAnn Wykpisz,Principal Financial&Administrative Analyst Connie Brundage,Transportation Administrative Secretary Susan Campbell-Hehr/Carolyn Currie,Airport Secretary H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\Agenda Bill-Kaynan 003-84 Increase 2008 Addendum\Issue Paper 011-85 003-84.doc LAG 011-85 Addendum# " "` ADDENDUM TO LEASE AGREEMENT (City of Renton to Kaynan, Inc.) THIS ADDENDUM to Lease Agreement LAG 011-85 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, Kaynan, Inc. has a Lease Agreement with the City of Renton, LAG- 011-85, executed on July 15, 1985; and WHEREAS, in Addendum 01-88, the lessor established a common renegotiation date for all ground leases to June 1, 1990; and WHEREAS, on October 6, 1998, the land rental rate for the approximately 27,885 square feet of land area leased by Kaynan, Inc. was determined to be $0.27 per square foot per year and continuing until June 1, 1999; and WHEREAS, on August 9, 1999, the land rental rate for the approximately 27,885 square feet of land area leased by Kaynan, Inc. was determined to be $0.2931 per square foot per year and continuing until June 1, 2002; and 144000 WHEREAS, on August 9, 1999, in Addendum#04-99, the lease for the approximately 27,885 square feet of land area leased by Kaynan, Inc. extended to July 14, 2010; and WHEREAS, on December 2, 2002, the land rental rate for the approximately 27,885 square feet of land area leased by Kaynan, Inc. was determined to be $0.3276 per square foot per year and continuing until June 1, 2005; and WHEREAS, on June 1, 2005, the Lessee reduced the leasing area from 27,885 square feet to 27,085 square feet; and WHEREAS, on June 1, 2005, the land rental rate for the approximately 27,085 square feet of land area leased by Kaynan, Inc. was adjusted using the Consumer Price Index—Urban, to a rate of$0.3385 per square foot per year and continuing until June 1, 2008; and WHEREAS, on March 25, 2005, the lease for the approximately 27,085 square feet of land area leased by Kaynan, Inc. was extended to July 14, 2016; and WHEREAS, in June 2007, the Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of all Airport leased areas to determine that the fair market value is $0.57 per square foot, per year for all ground leases on the Airport; and *41000 Lease Agreement 011-85 1 City of Renton Kaynan,Inc. LAG 011-85 Addendum# WHEREAS, on February 26, 2008, the Lessee was notified that the land rental rate would be adjusted, using a means other than Consumer Price Index, per item 5 of ,, Addendum#06-07 to LAG 011-85, and WHEREAS, on February 26, 2008, the Lessee was notified by certified letter that the fair market value for all ground leases had been set by the 2007 appraisal at a rate of $0.57 per square foot per year, at the time of renegotiation. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND KAYNAN, INC. AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the 2007 market appraisal study determined that the annual ground rate is to be increased from $0.3271 to $0.57 per square foot per year. 2. The Lessor and Lessee do hereby agree to a full increase in the rental rate from $0.3271 to $0.57 per square foot per year for the period June 1, 2008 through May 31, 2011, and an annual land rent of$15,438.45 (27,085 sq. ft. x $0.57 per foot/per year= $15,438.45) for the 27,085 square feet identified in Lease Agreement LAG 011-85. 3. Lessor and Lessee do hereby agree that the rent rate in paragraph 2 shall remain in effect until May 31, 2011, and effective as of that date, and for each three (3) year period thereafter, the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index. Minimum base rental for any extended period shall not be less than the current annual land rental of$15,438.45. 4. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban (CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 5. Lessor and Lessee do hereby further agree that at least thirty(30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing three (3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 6. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. Lease Agreement 011-85 2 City of Renton Kaynan,Inc. LAG 011-85 Addendum# NorA'" Kaynan, Inc. CITY OF RENTON a Washington Corporation a Municipal Corporation Denis Law Mayor Title Bonnie Walton City Clerk Date Approved as to legal form City Attorney Now Lease Agreement 011-85 3 City of Renton Kaynan,Inc. LAG 003-84 Addendum# ,orris ADDENDUM TO LEASE AGREEMENT (City of Renton to Kaynan, Inc.) THIS ADDENDUM to Lease Agreement LAG 003-84 is effective as of the date of execution by the City of Renton, as indicated on the last page of this addendum. RECITALS: WHEREAS, Kaynan, Inc., has a Lease Agreement with the City of Renton, LAG- 003-84, executed on September 1, 1984 for a term of twenty-two (22) years with an option to renew for another ten(10) year period to expire on August 31, 2016; and WHEREAS, in Addendum 03-88, the Lessor established a common renegotiation date for all ground leases to June 1, 1990; and WHEREAS, on June 1, 2005, and for the ensuing three (3) year period, the land rental rate was adjusted, using the Consumer Price Index-Urban, to a rate of$.3385 per square foot per year for the 79,199 square feet of leased area, resulting in an annual rental amount of$26,808.86 (79,199 sq. ft. x $0.3385),plus Leasehold Excise Tax, and continuing until June 1, 2008, and WHEREAS, in June 2007, the Airport contracted with Allen Brackett Shedd to conduct an independent market appraisal of all Airport leased areas to determine that the fair market value is $0.57 per square foot,per year for all ground leases on the Airport; and WHEREAS, on February 26, 2008 the lessee was notified that the land rental rate would be adjusted, using a means other than Consumer Price Index,per item 5 of Addendum#11-05 to LAG 003-84, and WHEREAS, on February 26, 2008, the Lessee was notified by certified letter that fair market value for all ground leases had been set by the 2007 appraisal at a rate of $0.57 per square foot per year, at the time of renegotiation. NOW, THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE CITY OF RENTON AND KAYNAN, INC. AS FOLLOWS: WITNESSETH: 1. Lessor and Lessee agree that the 2007 market appraisal study determined that the annual ground rate is to be increased from $0.3271 to $0.57 per square foot per year. 2. The Lessor and Lessee do hereby agree to a full increase in the rental rate from $0.3385 to $0.57 per square foot per year for the period June 1, 2008 through May 31, Lease Agreement 003-84 1 City of Renton to Kaynan,Inc. LAG 003-84 Addendum# 2011, and an annual land rent of$45,143.43 (79,199 sq. ft. x $0.57 per foot/per year= $45,143.43) for the 79,199 square feet identified in Lease Agreement LAG 003-84. 3. Lessor and Lessee do hereby agree that the rent rate in paragraph 2 shall remain in effect until May 31, 2011, and effective as of that date, and for each three (3) year period thereafter, the rental rate shall automatically be readjusted by and between the parties using the increase of the Consumer Price Index. Minimum base rental for any extended period shall not be less than the current annual land rental of$45,143.43. 4. Lessor and Lessee do hereby further agree that the Consumer Price Index information to be used for rental adjustments shall be the Consumer Price Index-Urban (CPI-U) then in effect for all urban consumers, as published by the US Department of Labor for the Seattle-Tacoma Metropolitan Area. 5. Lessor and Lessee do hereby further agree that at least thirty(30) days prior to the Rental Adjustment Date either party shall, if they desire to adjust the base land rental rate for the ensuing three (3) year period by a means other than the Consumer Price Index-Urban, provide to the other party a written request for readjustment of the rental rate pursuant to RCW 14.08.120(5). 6. All other terms and conditions of the original Lease Agreement shall remain in full force and effect. Lease Agreement 003-84 2 City of Renton to Kaynan,Inc. LAG 003-84 Addendum# Kaynan, Inc. CITY OF RENTON a Washington Corporation a Municipal Corporation Denis Law Mayor Title Bonnie Walton City Clerk Date Approved as to legal form City Attorney Lease Agreement 003-84 3 City of Renton to Kaynan,Inc. CITY OF RENTON COUNCIL AGENDA BILL AI#: �i `♦ Submitting Data: Public Works For Agenda of: %No' Dept/Div/Board.. Transportation Systems Division October 20, 2008 Staff Contact Ryan Plut, x7372 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Walkway Program Supplemental Agreement #2 Ordinance Pacific Engineering Design, LLC Resolution Old Business Exhibits: New Business X Issue paper Study Sessions Supplemental Agreement Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: (T09) Expenditure Required... $ 22,300.00 Transfer/Amendment - 0 - Amount Budgeted $ 600,000.00 Revenue Generated - 0 - Total Project Budget $ 600,000.00 City Share Total Project.. 600,000.00 SUMMARY OF ACTION: The contract involves design of 3,300 lineal feet of sidewalk with curb ramps at six sites Citywide. Original cost of design is $155,256.63. At the City's request, additional design services totaling $22,300 are required. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement #2 with Pacific Engineering Design for the Walkway Program (TIP #12) in the amount of$22,300. ftore C:\DOCUME—1\BW alton\LOCALS—1\Temp\Agenda Bill 2.doc ti`S O i% ® •; PUBLIC WORKS DEPARTMENT • MEMORANDUM DATE: October 20, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmermadministrator STAFF CONTACT: Ryan Plut, Transportation Design Project Manager(x7372) SUBJECT: Walkway Program Supplemental Agreement#2 Pacific Engineering Design,LLC ISSUE: Should the Council authorize the execution of Supplemental Agreement#2 with Pacific Engineering Design, LLC for the Walkway Program(TIP #12)? RECOMMENDATION: Authorize the Mayor and City Clerk to execute Supplemental Agreement#2 with Pacific Engineering Design for the Walkway Program (TIP #12) in the amount of$22,300. BACKGROUND: This contract involves design of 3,300 lineal feet of sidewalk with curb ramps. At the City's request, the consultant is required to make various design changes and split the design into two construction sheet sets. Additional design services totaling $22,300 are required to produce a stand-alone design(proposed to be advertised in early 2009) of 1,443 lineal feet of sidewalk at six discrete locations citywide. A design of 1,857 lineal feet of contiguous sidewalk on Jones Avenue NE has been awarded and is currently under construction. The 2008 budget for walkways (fund T09) is $600,000. The total project budget remaining in 2008 from this program is $465,103. After execution of this supplemental agreement,the balance amount will be $442,803. Cost of construction is expected to be $428,435.35 in 2008. cc: Ryan Plut,Transportation Design Project Manager Connie Brundage,Transportation Administrative Secretary Norw h:\division.s\transpor.tat\design.eng\ryan\projects\walkway 2007\issue paper memo- not yet in committee_2.doc VimWashington State Department of Transportation Su lemental A reement Organization and Address pp g Pacific Engineering Design, LLC Number 2 Original Agreement Number CAG-07-162 Phone: (425)251-8811 Project Number Execution Date Completion Date 8/27/2007 12/31/2008 Project Title New Maximum Amount Payable Walkway Improvements 2007 $ 177,556.63 Description of Work Additional Design Work Beyond Original Scope of Contract. See Exhibit B for Full List of Additional Design Work. The Local Agency of City of Renton desires to supplement the agreement entered into with Pacific Engineering Design, LLC and executed on 8/27/2007 and identified as Agreement No. CAG-07-162 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: . • III I• . 1 . I-s . I•I• : " ,,- . , ," . 11 r I• - - -I - 11.6• . 1.1 • I• . 116 -11- 1 I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Unchanged. III Section V, PAYMENT, shall be amended as follows: Compensation for the work shown in the attached Exhibit B will be as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: : - �I E. er • By: Jfl7 Insult WSignature Approving Authority Signature Nod DOT Form 140-063 EF Date Revised 9/2005 �Ilrr' Exhibit "A" Summary of Payments Basic Agreement Supplement#2 Total Direct Salary Cost 27,909.05 6,776.80 34,685.85 Overhead 54,849.66 13,318.45 68,168.11 (Including Payroll Additives) Direct Non-Salary Costs 68,311.57 1,188.23 69,499.80 Fixed Fee 4,186.35 1,016.52 5,202.87 Total 155,256.63 22,300.00 177,556.63 DOT Form 140-063 EF Revised 10/97 Exhibit "B" Scope of Work The following changes are added: Civil and Survey: Many of the scope items defined relate closely to other scopes identified. Scope of Changes: • Add Bulb-outs to curb designs at several locations along Burnett,Lake and Taylor. Revise design accordingly. • Delete bulb-outs along Burnett. • Revise sidewalk and swale design along Taylor to lessen cost of construction. • Revise crossings and curb ramps at Taylor. • Revise Engineer's Estimate with each design change noted above including changes to add and delete bulb-outs and changes of sawcuts and pavement removal. Split finished sheet set to provide a stand-alone set of plans for 24th,Burnett,Lake and Taylor. • Incorporate new City of Renton standard details. • Add CSTC information and coordinate depths with City following meetings. Incorporating these design and redesign elements were not anticipated or included within the original scope of work. Washington State Department of Transportation Organization and Address Supplemental AgreementNow Pacific Engineering Design, LLC Number 2 Original Agreement Number CAG-07-162 Phone: (425)251-8811 Project Number Execution Date Completion Date 8/27/2007 12/31/2008 Project Title New Maximum Amount Payable Walkway Improvements 2007 $ 177,556.63 Description of Work Additional Design Work Beyond Original Scope of Contract. See Exhibit B for Full List of Additional Design Work. The Local Agency of City of Renton desires to supplement the agreement entered into with Pacific Engineering Design, LLC and executed on 8/27/2007 and identified as Agreement No. CAG-07-162 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: as set forth in the attached Exhibit B."Scope of Work". and by this reference made a part of this supplement. I I Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Unchanged. III Section V, PAYMENT, shall be amended as follows: Compensation for the work shown in the attached Exhibit B will be as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: A �'%" • By: A//3 /If Insult'WSignature Approving Authority Signature DOT Form 140-063 EF Date Revised 9/2005 Exhibit "A" Summary of Payments Basic Agreement Supplement#2 Total Direct Salary Cost 27,909.05 6,776.80 34,685.85 Overhead 54,849.66 13,318.45 68,168.11 (Including Payroll Additives) Direct Non-Salary Costs 68,311.57 1,188.23 69,499.80 Fixed Fee 4,186.35 1,016.52 5,202.87 Total 155,256.63 22,300.00 177,556.63 .1000 DOT Form 140-063 EF Revised 10/97 CITY OF RENTON COUNCIL AGENDA BILL AI#:I Submitting Data: Public Works For Agenda of: Iiire Dept/Div/Board.. Utility Systems Division/Surface October 20,2008 Water Utility Staff Contact Ron Straka(ext. 7248) Allen Quynn(ext. 7247) Agenda Status Consent X Subject: Public Hearing.. Carr Road—Panther Creek Emergency Culvert Repair Correspondence.. Project—King Conservation District No. 9 Grant Ordinance X Agreement Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Grant Agreement Information Budget Ordinance Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: ‘111''` Expenditure Required... Amendment Amount Budgeted .. Revenue Generated $110,000 Total Project Budget... $813,500 City Share Total Project... SUMMARY OF ACTION: The City and King Conservation District No. 9 (District)would like to enter into a grant agreement that would allow the City to accept a contribution in the amount of$110,000, from the District for the Carr Road—Panther Creek Emergency Culvert Repair project. The approved 2008 Capital Improvement Program budget for the project is $703,500,which would be increased to $813,500. The contribution will be used toward project construction costs. The Carr Road—Panther Creek Emergency Culvert Repair project will repair an existing culvert at Carr Road and Panther Creek that has structurally failed at the culvert outlet,potentially compromising the integrity of the road embankment as well as utilities that cross above the culvert. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign a grant agreement with King Conservation District No. 9 to accept a contribution in the amount of$110,000. In addition, approve a budget ordinance to increase funds,in the amount of$110,000, in the 2008 Surface Water revenue account number 427.000000.000.3370.0007.00.000098 (u65460) and expenditure account number 427.000000.018.5950.0038.63.000000(u65460)for the Carr Road—Panther Creek Emergency Culvert Repair project. C:\Documents and Settings\User\Desktop\AgenBill-grant funds.doc\AQtp 6 (0( ti NSW A: ® , PUBLIC WORKS DEPARTMENT •`1'•Nrc0 MEMORANDUM DATE: October 2, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmermaa Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor(ext. 7248) Allen Quynn, Surface Water Engineer(ext. 7247) SUBJECT: Carr Road—Panther Creek Emergency Culvert Repair Project—King Conservation District No. 9 Grant Agreement ISSUE: Should the Council authorize the Mayor and City Clerk to execute a grant agreement with King Nifty Conservation District No. 9 (District)to accept a contribution, in the amount of$110,000, to go toward the construction costs associated with the Carr Road—Panther Creek Emergency Culvert Repair project? Should the Council approve a budget ordinance to amend the 2008 budget by increasing the funds in the Carr Road—Panther Creek Emergency Culvert Repair project revenue and expenditure accounts by$110,000? RECOMMENDATION: Authorizing the Mayor and City Clerk to enter into a grant agreement with the District to accept a contribution in the amount of$110,000. Approve an ordinance to increase funds in the Carr Road—Panther Creek Emergency Culvert Repair project revenue and expenditure accounts by$110,000. BACKGROUND SUMMARY: In March 2008, it was discovered that approximately 15 feet of the bottom of the outlet to a 78 - inch culvert under Carr Road had rusted away,resulting in deformation of the pipe and scouring of the underlying soil. The slope above where the failed section of pipe has separated from the remaining 100 feet of pipe upstream has begun to subside resulting in a 2-3 foot deep sinkhole. Based on an assessment of the culvert,the damaged section of pipe downstream of the failed joint could fail at anytime resulting in failure of the north embankment supporting Can 4 Council/Springbrook Grant October 2,2008 Page 2 of 2 Road and subsequent loss of the sidewalk and outside lane of Carr Road. If the slope were to fail Naid and block the culvert outlet,the flows from Panther Creek would continue to erode and weaken the stability of the embankment potentially resulting in catastrophic failure of the road and surrounding utilities. Consequently,the Council approved a resolution on April 14, 2008, declaring an emergency on behalf of the City of Renton and allowing the immediate repair of damage to the culvert without the necessity of the public bidding process. The project objective is to stabilize the embankment by removing the failed section of pipe and constructing a headwall composed of steel piles,timber lagging and concrete at the culvert outlet to support the embankment above the culvert. To increase the longevity of the pipe and to comply with the state and local permit requirements, the existing culvert will be lined with reinforced concrete and baffles will be placed in the culvert to aid in fish passage. Additionally, boulders will be placed in the stream channel, downstream of the headwall,to reduce the channel gradient facilitating the migration of fish into the culvert. Riparian habitat will be created with the addition of willow plantings along the boulder-lined channel. The King Conservation District No. 9, a special purpose district responsible for developing and promoting activities and programs to conserve natural resources,has made grant funds available for projects that protect and enhance water quality, protect and conserve soil, and restore and preserve riparian habitat. The City applied and was approved for an$110,000 grant by the District Board of Supervisors to offset construction costs associated with the Carr Road— Panther Creek Emergency Culvert Repair project. Nod The purpose of the grant agreement is to formalize the terms and conditions by which the District will contribute funds to the project. A budget ordinance is also required for the purpose of appropriating an increase, in the amount of$110,000, to the Surface Water Utility revenue account number 427.000000.000.3370.0007.00.000098 (u65460) and expenditure account number 427.000000.018.5950.0038.63.000000 (u65460). The approved 2008 Surface Water Utility Capital Improvement Program budget for the project is $703,500,which would be increased to $813,500. CONCLUSION: Authorize the Mayor and City Clerk to sign a grant agreement between the City and King Conservation District No. 9 in the amount of$110,000. The City will use the grant funds to defray the construction costs associated with the Carr Road—Panther Creek Emergency Culvert Repair project. A budget ordinance that would increase the appropriations to the Surface Water Utility revenue and expenditure accounts by$110,000 should also be authorized. cc: Lys Hornsby,Utility Systems Director JoAnn Wykpisz,PW Principal and Financial Analyst Nancy Violante,Financial Services Manager File Nod C:\Documents and Settings\User\Desktop\Grant Issue Paperl.docAQtp AGREEMENT FOR AWARD OF KING CONSERVATION DISTRICT MEMBER JURISDICTION GRANT City of Renton This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98057 (referred to herein as "District"), and the City of Renton, a municipal corporation in King County, Washington, located at 1055 S. Grady Way Renton, WA 98057 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW and the District's policies and procedures for awarding grants; and 1.5 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to Recipient. SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of One Hundred Ten Thousand Dollars ($110,000) from 2001 and 2005-2008 Assessment funds. Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's policies and procedures, including but not limited to, the policies and procedures contained in the Member Jurisdiction & WRIA Forum Grant Application Instructions and Policies, provided that such funds have been collected and received by the District. - 1 - 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grant funds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on work which shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due June 30 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. - 2 - 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3,1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Now 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this Agreement. 14 Each party warrants and represents that such party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. Now - 3 - DISTRICT: RECIPIENT: By By Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: By ,. f'Z" By Name Li'v i I OA 0 Ci Name Date ch/ i )/0 Date - 4 - cttU tit / Member Jurisdiction & WRIA Forum Grant Application King Conservation District Project Title: Carr Road-Panther Creek Emergency Culvert Repair and Fish Passage Project Applicant: City of Renton Contact: Allen Quynn Principal Partners (if any): Title: Project Manager Address: 1055 S. Grady Way Total Project Cost:$ 4601 bp Renton,WA 98057 WRIA Funding: ( I Jurisdiction Funding: El KCD Funding Requested: $110,000 Phone:425-430-7247 Project Start Date: October 2008 Fax:425-430-7241 Project End Date: November 2008 E-mail: aquynn@ci.renton.wa.us 1. Project Description-provide a brief description of the project that summarizes what you will do,how you will do it, and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunihy will be capitalized on? Who or what will benefit or be positively and negatively affected? The purpose of this project is to replace the damaged section of the culvert at the Carr Road and Panther Creek crossing. During an inspection of the culvert in March of 2008, City utility staff discovered that approximately 35 feet of the pipe outlet had partially failed at a joint connecting the original pipe with an extension piece that was added during the widening of Carr Road in the early 70's. The partially failed outlet section is deformed where the top third of the pipe has collapsed, creating a sinkhole above the failed joint along the north embankment of the road. The original section of pipe upstream of the failed joint is in good condition as it was constructed with a thicker gage of plated steel. Due to the severity of damage to the partially failed section of pipe, there is concern that it could completely fail at any moment resulting in the failure of the north embankment supporting Carr Road. This could have disastrous consequences including, at a minimum, the loss of the sidewalk and the outside westbound lane. Continued erosion beneath the partially failed pipe section and subsequent instability of the embankment may lead to complete pipe failure and closure of the road. The failing culvert also creates a fish passage barrier. Based on an assessment of the damaged culvert section,the City Council adopted a resolution declaring the culvert repair an emergency. Carr Road is a heavily used principal arterial with an average daily eastbound/westbound vehicle count of 15,349. Closure of this section of Carr Road would have a significant impact to businesses and citizens. The proposed project includes removal of the partially failed section and construction of a new headwall (vertical walled structure used to support the embankment above the culvert outlet) where the good section of pipe ends at the failed joint. Open channel will be created with fish passable boulders and spawning gravel added downstream of the headwall to restore and C :1',,.C., ri""?Cfii (:^.i!t!1!I ,t;�. , ,i!i71• ;t!' +i_. �....!�l''. [:,..}. I:i11C' :!Y.:; {. !iI3n.1 1 ho ,3[i 3;, P(1 !'<21iP ( E,.:I; ;'111 pr ;f . t , • passage to protect culvert and secure baffles Noire 5. Contractor places salvaged • Woody debris placed October 15, 2008 woody debris in stream across stream channel channel downstream of culvert outlet 6. Contractor places willow • Willow stakes planted October 15, 2008 stakes in restored channel in restored channel and stabilizes channel area embankment with • Hydroseeding placed hydroseed in disturbed areas 7. Contractor completes Project completed and site October 30, 2008 construction restored 4. Effectiveness (see page 2 of application instructions for definition) - describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program/service/intervention? What is the capacity of the primary applicant to deliver the proposed program/service/intervention? What tools, services and partners will be brought to bear? The City of Renton is a large municipality and is able to provide its citizens a full range of services. The City's Public Works Department has dedicated staff that is experienced in �rrr managing all aspects of public works projects. Within the department, the City's Surface Water Utility Engineering Section specifically manages the design, permitting, and construction of surface water-related projects including culvert replacement projects. The City also has the resources to fund the design and construction of the project through revenue generated by surface water utility fees billed to its customers. Capital Improvement Projects are identified and approved by the City Council as part of the yearly budgeting processes. The Carr Road-Panther Creek Emergency Repair and Fish Passage Project was not identified as a CIP project for 2008. Funds to cover the costs of design and construction will be reallocated from other projects. 5. Efficiency (see page 2 of application instructions for definition) - describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program/service/intervention engage in conjunction with related efforts? How does your strategy best leverage resources? The City will be able to efficiently implement the construction of the project through its ability to utilize the knowledge base and experience of its employees. Although the culvert is being repaired to remove a restriction and restore conveyance capacity, the City will use the project as an opportunity to retrofit the culvert and improve fish passage and riparian habitat that cii1H l Appllc31Rni,S. ;?,t l':±nii1'.'t '• r:c}k I,m( '_:i'f tC:, l ,:ct1 Inc..nr and } ISI?Ij3 i�zc_;t' P atitht.:} (,rcck C ulittl;td ICviSt_d appit:;:aii(�;1.'-.-f' dac A.{}0 TOTAL $110,000 $540,000 $650,000 NIS 9. KCD Acknowledgement-describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention(see page 3 of application instructions for requirements). Funding will be acknowledged, reported and tracked using the State of Washington Accounting and Reporting System or "BARS". The use of taxpayer funds provided through the King Conservation District for the Carr Road- Panther Creek Emergency Repair and Stream Improvement project will be acknowledged through newspapers, the City's website, and other information releases during project implementation. Attachments Authorized Signature Date Nord {f ?7tult Application,( ai 1;!;__i E'..,1?Il._ r,:a: 1_,t"nc t' ( :lli Rd Pant ciCreek ( i cri a[Ipitcal]orC-I-Elf+ j OL(i CITY OF RENTON, WASHINGTON Now ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY INCREASING THE FUNDS IN THE SURFACE WATER REVENUE ACCOUNT AND EXPENDITURE ACCOUNT IN THE AMOUNT OF $110,000, PURSUANT TO THE CARR ROAD — PANTHER CREEK EMERGENCY CULVERT REPAIR PROJECT AGREEMENT WITH THE KING CONSERVATION DISTRICT NUMBER 9. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Surface Water revenue and expenditure accounts for the Carr Road — Panther Creek Emergency Culvert Repair project are hereby increased as follows: 2008 2008 *we Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) King Conservation District No. 9 $13,000 $110,000 $123,000 427.000000.000.3 3 70.0007.00.000098 (u65460) (Expenditure Account) 427.000000.018.5950.0038.63.000000 $703,500 $110,000 $813,500 (u65460) SECTION II. This ordinance shall become effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk liorrov 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. ,ftroi Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORB:1507:l 0/9/08:scr 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY REGARDING THE WASHINGTON STATE TASK FORCE 1 OF THE NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. WHEREAS, the Pierce County Sherriff's Department is the sponsoring agency for the Washington State Task Force 1 of the National Urban Search and Rescue Response System; and WHEREAS, it would be advantageous for the City of Renton to become a participating agency in that task force; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton would participate in the task force; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, Now WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into a Memorandum of Agreement between Pierce County, as the sponsoring agency of the Washington State Task Force 1 of the National Urban Search and Rescue Response System, and the City of Renton as a participating agency of the task force. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk New, 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2008. ,4404 Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1375:9/23/08:scr 2 CITY OF RENTON, WASHINGTON Nosy ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY INCREASING THE FUNDS IN THE SURFACE WATER REVENUE ACCOUNT AND EXPENDITURE ACCOUNT IN THE AMOUNT OF $110,000, PURSUANT TO THE CARR ROAD —PANTHER CREEK EMERGENCY CULVERT REPAIR PROJECT AGREEMENT WITH THE KING CONSERVATION DISTRICT NUMBER 9. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Surface Water revenue and expenditure accounts for the Carr Road — Panther Creek Emergency Culvert Repair project are hereby increased as follows: 2008 2008 Original Budget Adjusted Fund Budget Increase Budget (Revenue Account) King Conservation District No. 9 $13,000 $110,000 $123,000 427.000000.000.3370.0007.00.000098 (u65460) (Expenditure Account) 427.000000.018.5950.0038.63.000000 $703,500 $110,000 $813,500 (u65460) SECTION II. This ordinance shall become effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1507:10/9/08:scr 2 • CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DESIGNATING A PLANNED ACTION FOR SUB-DISTRICT 1-B OF THE BOEING RENTON PLANT PROPERTY, AN APPROXIMATELY 51 ACRE PARCEL BOUNDED BY LOGAN AVENUE N., GARDEN AVENUE N., NORTH 8TH STREET,AND 6TH STREET. WHEREAS, RCW 43.21C.031 and WAC 197-11-164, - 168, and - 172 allow and govern the application of a Planned Action designation; and WHEREAS, an Environmental Impact Statement (EIS) entitled the "Boeing Renton Comprehensive Plan Amendment EIS" has been prepared to study the impacts of redeveloping a portion of Boeing's Renton Plant property; and WHEREAS, the EIS analyzed the potential environmental impacts of mixed-use development on that portion of the Boeing Renton Plant known as Sub-District 1-B (see Exhibit ,,,, A); and WHEREAS, by Ordinance No. 5026, the City has amended the Comprehensive Plan Land Use Map for the Boeing Renton Plant from Employment Area — Industrial (EA-I), Employment Area — Transition (EA-T) and Employment Area Office (EA-O) to Urban Center North (UC-N); and WHEREAS, by Ordinance. No. 5027, the City has amended the Zoning Map for the Boeing Renton Plant from Center Office Residential (COR) and Commercial Office (CO), to Urban Center North 1 (UC-N1); and WHEREAS, in 2003, the City and Boeing entered into a Development Agreement based on the analysis in the EIS, which is recorded under King County recording number 20031210001637 ("Boeing Development Agreement"); and 1 ORDINANCE NO. WHEREAS, on November 7, 2005, the City approved a Conceptual Plan for Sub- District 1-B ; and WHEREAS, on October 20, 2008, the City approved an Amended Conceptual Plan for Sub-District 1-B ("Amended 1B Conceptual Plan"), attached as Exhibit B; and WHEREAS, an Environmental Consistency Analysis has been prepared for Sub-District 1B, which compares the Amended 1B Conceptual Plan to the range of development alternatives analyzed in the EIS; and WHEREAS, this Ordinance designates certain land uses and activities within Sub- District 1-B as "Planned Actions" that are consistent with the Urban Center North 1 (UC-N1) designation and zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Purpose. The City of Renton declares that the purpose of this ordinance is to: A. Set forth a procedure designating certain project actions within Sub-District 1-B as "Planned Actions" consistent with state law, RCW 43.21C.031; and B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qualify as Planned Actions within Sub-District 1-B will be processed by the City; and C. Streamline and expedite future land use permit review processes for development in the Sub-District 1-B area that is consistent with the Amended 1B Conceptual Plan by relying on existing detailed environmental analysis for this area. 2 ORDINANCE NO. SECTION II. Findings. The City Council finds that: Now A. The EIS addresses all significant environmental impacts associated with the scenarios described in the EIS for Alternatives 1, 2, 3, and 4 as referenced therein, and the Amended 1B Conceptual Plan is encompassed by and consistent with those Alternatives; and B. The mitigation measures contained in the Boeing Development Agreement, together with the City's development standards, and standard mitigation fees (Parks, Fire and Traffic), are adequate to mitigate any significant adverse environmental impacts of development pursuant to the Amended 1B Conceptual Plan; and C. The expedited permit review procedure set forth in this Ordinance is and will be a benefit to the public, will protect the environment, and will enhance economic development; and D. Opportunities for public involvement have been provided as part of the Comprehensive Plan redesignation, the Boeing Plant rezone, the EIS, and the Conceptual Plan review and approval process for Sub-District 1-B. SECTION III. Designation of Planned Action; Procedure and Criteria for Evaluating and Establishing Projects as Planned Actions. A. Planned Action Designated. The Planned Action designation shall apply to the Sub-District 1-B site, as shown on Exhibit A, and associated off-site improvements. Uses and activities described in the Amended 1B Conceptual Plan, attached as Exhibit B, subject to the thresholds described in Alternatives 1, 2, 3, and 4 analyzed in the EIS, and subject to the mitigation measures required by City Codes or contained in the Boeing Development Agreement, are designated Planned Actions pursuant to RCW 43.21.C.031. Additionally, the Planned Action designation shall apply to any off-site improvements necessitated by the 3 I ORDINANCE NO. proposed development on Sub-District 1B, where the off-site improvements have been analyzed in the EIS. B. Environmental Document. A Planned Action designation for a site-specific permit application shall be based on the environmental analysis contained in the EIS. The Development Agreement, together with existing City codes, ordinances, standard mitigation fees, and standards, shall provide the framework for a decision by the City to impose conditions on a Planned Action project. Other environmental documents incorporated by reference in the EIS may also be utilized to assist in analyzing impacts and determining appropriate mitigation measures. C. Planned Action Review Criteria. 1. The Director of Development Services, or the Director's designee, is hereby authorized to designate a project application as a Planned Action pursuant to RCW .r.11 43.21C.031(2)(a), if the project application meets WAC 197-11-172 and all of the following conditions: (a) The project is located on Sub-District 1-B, or is an off-site improvement directly related to a proposed development on Sub-District 1-B; and (b) The project is consistent with the Renton Comprehensive Plan adopted under RCW 36.70A; and (c) The Director has determined that the project's significant environmental impacts have been adequately addressed in the EIS by reviewing the environmental checklist or other project review form as specified in WAC 190-11-315; and (d) The project complies with the Planned Action threshold described in this Ordinance; and ,ed 4 ORDINANCE NO. (e) The Director has determined that the project's significant impacts Nirsof have been mitigated through the application of the Boeing Development Agreement, as well as other City requirements, standard mitigation fees, and conditions, which together constitute sufficient mitigation for any significant environmental impacts associated with Sub-District 1-B development; and (0 The proposed project complies with all applicable local, state and federal regulations, and where appropriate, needed variances or modifications or other special permits have been requested; and (g) The proposed project is not an essential public facility. D. Effect of Planned Action. 1. Upon designation by the Director that the project qualifies as a Planned Action, the project shall not be subject to a SEPA threshold determination, an environmental impact statement (EIS), or any additional review under SEPA. 2. Designation as a Planned Action means that a proposed project has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental analysis included in the EIS. 3. Planned Actions will not be subject to further procedural review under SEPA. However, projects will be subject to conditions designed to mitigate any environmental impacts which may result from the project proposal, and projects will be subject to whatever permit requirements are deemed appropriate by the City under State and City laws and ordinances. 4. Amendments of the approved Amended Sub-District 1B Conceptual Plan may be approved administratively, so long as such amendments remain consistent with the spirit 5 ORDINANCE NO. and intent of the adopted Plan. For development of Sub-District 1B qualifying as a planned action pursuant to this Ordinance, a proposed amendment of the Amended Sub-District 1B Conceptual Plan is consistent with the adopted Plan's spirit and intent if such amendment does not exceed the maximum development parameters analyzed in the EIS. If amendments of the Amended Sub-District 1B Conceptual Plan exceed the maximum development parameters reviewed in the EIS, supplemental environmental review may be required under the SEPA rules. E. Planned Action Permit Process. The Director shall establish a procedure to review projects and to determine whether they meet the criteria as Planned Actions under State laws and City codes and ordinances. The procedure shall consist, at a minimum, of the following: 1. Development applications shall meet the requirements of RMC Chapters 4-8 and 4-9. Applications shall be made on forms provided by the Department and shall include woe a SEPA checklist or revised SEPA checklist [where approved through WAC 197-11-315(2)] or such other environmental review forms provided by the Department of Community and Economic Development. The checklist may be incorporated into the form of an application. 2. The Director shall determine whether the application is complete as provided in RMC Chapter 4-8. 3. If the project application is within Sub-District 1-B, the application shall be reviewed to determine whether the proposed application is consistent with and meets all of the qualifications specified in Section III of this Ordinance. 4. Upon review of a complete application by the City, the Director shall determine whether the project qualifies as a Planned Action. If the project does qualify, the Director shall notify the applicant, and the project shall proceed in accordance with the 6 ORDINANCE NO. Nose appropriate permit procedure, except that no additional SEPA review, threshold determination, or EIS shall be required. 5. Public notice for projects that qualify as Planned Actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no notice is required. 6. If a project does not qualify as a Planned Action, the Director shall notify the applicant and prescribe an appropriate SEPA review procedure consistent with City SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. 7. Projects disqualified as a Planned Action may use or incorporate relevant elements of the EIS, as well as other environmental documents to assist in meeting SEPA requirements. The Environmental Review Committee may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the EIS. SECTION IV. Validity Period. This Planned Action Ordinance shall be reviewed no later than December 31, 2018, by the Development Services Director to determine its continuing validity with respect to the environmental conditions of the subject site and vicinity and applicability of Planned Action requirements. Based upon this review, the Ordinance may be amended as needed, and another validity period may be specified. SECTION V. Conflict. In the event of a conflict between the Ordinance or any mitigation measures imposed pursuant thereto and any other ordinance, or regulation of the City, the provisions of this Ordinance shall control, EXCEPT that provision of any Uniform Code shall supersede. *owe 7 ORDINANCE NO. SECTION VI. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. SECTION VII. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1503:9/11/08:scr 8 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEAR 2008 ANNUAL BUDGET TO APPROPRIATE AND TRANSFER $200,000 FROM THE GENERAL FUND (000) TO THE NEWLY CREATED HOUSING OPPORTUNITY FUND (326). WHEREAS, on December 10, 2007, the City Council adopted Ordinance 5325 approving the 2008 Annual Budget; and WHEREAS, it is necessary to amend the City of Renton Fiscal Year 2008 Annual Budget to create a new Housing Opportunity Fund 326 to be allocated in the following manner: HOUSING OPPORTUNITY FUND — PROPOSED PROJECT ELIGIBILITY AND USES OF FUNDS Projects must be physically located within the Renton city limits Projects must serve low and/or moderate income households and/or special-needs populations as follows: • Projects may include home ownership opportunities for first-time home buyers at 80% or less of the median income or rental housing for households at 60% or less of the median income. • First priority — New construction projects to increase the available supply of affordable housing in Renton with a preference for mixed-income projects. • Second priority — Acquisition and/or rehabilitation of existing multi-family structures to increase or the availability of supply of affordable housing in Renton. • Third priority—Rehabilitation or remodeling of existing multi-family housing for low income households to maintain the facility as decent, safe, and sanitary. • Multi-family housing project owners must agree to maintain housing as affordable for a minimum of ten years. • Funds may be used, for example, for seed money, local match, land acquisition, development costs, construction costs, etc. • The City will strive to maximize leverage for other public and private funds with a minimum projected $1 to $1 match and preferred projected match of 1-to-4 ($1 of City funds for each $4 of projected other funds). • Projects will have up to three years to use the funds. 1 ORDINANCE NO. HOUSING OPPORTUNITY FUND — PROPOSED SELECTION AND APPROVAL PROCESS FOR AWARDING FUNDS • Interested parties may submit an application to request funds at any time to the Department of Community and Economic Development Administrator. • The Department of Community and Economic Development Administrator will review the application in collaboration with an interdepartmental team and prepare a recommendation to the City Council for approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The Fiscal Year 2008 Annual Budget is hereby amended to include the new Housing Opportunity Fund. Said fund shall be the HOUSING OPPORTUNITY FUND (326). SECTION II. Appropriations in Fund 000 and Fund 326 are hereby changed as follows: 2008 Adjusted Fund 2008 Budget Budget Change Budget 000.000000.000.3990.0000.00.000000 $1,392,361 $200,000 $1,592,361 000.000000.000.5970.0059.00.000000 $0 $200,000 $200,000 326.000000.000.3970.0059.00.000000 $0 $200,000 $200,000 326.000000.000.5080.0000.00.000000 $0 $200,000 $200,000 Source of Funds: Transfer from General Fund 000 to CIP Fund 326 SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk 2 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1504:9/18/08:scr `fir 3 /"S ready /048,0100g CITY OF RENTON, WASHINGTON �4rr ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 8, GAMBLING TAX, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY REPEALING THE DEFINITION OF "CITY OF RENTON," ADOPTING CHAPTER 9.45 RCW, AMENDING GAMBLING TAX REGULATIONS, REPEALING SUBSECTION E OF 5-8-5, TAX LEVIED, AND CHANGING REFERENCES OF "FINANCE DIRECTOR" TO "FINANCE ADMINISTRATOR." THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 5-8-1, City of Renton Defined, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby repealed. Norase SECTION II. Section 5-8-2, Laws Incorporated by Reference, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The provisions of Chapter 9.45 RCW, one copy of which is on file with the City Clerk for inspection, are hereby incorporated by reference as if fully set forth. SECTION III. Subsection C of 5-8-5, Tax Levied, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: C. For the conduct or operation of any licensed premises or facility used to play card games, as permitted by the above referenced State law, a tax rate of five Now 1 4• ORDINANCE NO. hundred dollars ($500.00) annually or ten percent (10%) of the gross receipts or *aro' revenue received from such activity, per establishment, whichever is greater, for the privilege of playing in card games. The minimum fee may be paid on a quarterly basis at the rate of one hundred twenty five dollars ($125.00) per quarter. Any balance due shall be paid as set forth in Section 5-8-8. Each such licensee shall promptly furnish unto the Finance Administrator, City of Renton, a true and correct copy of all bi-annual reports filed with the State of Washington Gambling Commission and such report shall be due the City within five (5) days after same has been filed with the aforementioned State agency. SECTION IV. Subsection E of 5-8-5, Tax Levied, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby repealed. SECTION V. Section 5-8-6, Administration, Collection of Tax, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The administration and collection of the tax imposed by this Chapter shall be by the Finance Administrator and in strict pursuance of the rules and regulations as may be adopted by the Washington State Gambling Commission from time to time. The Finance Administrator shall adopt and publish such rules and regulations as may be reasonably necessary to enable the collection of the tax imposed hereby. 2 ORDINANCE NO. SECTION VI. Section 5-8-7, Declaration of Intent Required, of Chapter 8, *r Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 5-8-7 DECLARATION OF INTENT REQUIRED: A. For the purpose of properly identifying the person, association and organization subject to any tax imposed by this Chapter, any such person, association or organization intending to conduct or operate any gambling activity authorized by the above specified laws, or as same may be amended hereafter, shall, prior to commencement of any such activity file with the Finance Administrator, City of Renton, a sworn declaration of intent to conduct or operate such activity, together with a true and correct copy of the license issued by the New Washington State Gambling Commission or any renewal or extension of such license or temporary license. B. Thereafter, for any period covered by such State license, or any renewal or extension thereof, any person, association or organization shall on or before the 15th day of the month following the end of the month in which the tax accrued, file with the Finance Administrator a sworn statement, under the penalty of perjury, on a form to be provided and prescribed by the Finance Administrator, for the purpose of ascertaining the tax due for the preceding month period. SECTION VII. Subsection 5-8-8A, of Tax Payment; When Due, Penalty, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 3 ORDINANCE NO. entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: A. The tax imposed by this Chapter shall be due and payable in monthly installments and remittance therefor shall accompany each return made on or before the 15th day of the month next succeeding the month in which the tax accrued. Except, for a person, association or organization that had taxes due in the amount $10,000 or less in the previous calendar year, the tax imposed by this Chapter shall be due and payable in quarterly installments and remittance therefor shall accompany each return made on or before the 30th day of the month next succeeding the quarterly period in which the tax accrued. SECTION VIII. Section 5-8-9, Copy of Application Submitted, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as o.rr follows: Each person, association or organization licensed by the Washington State Gambling Commission shall likewise submit to the Finance Administrator a true and correct copy of any application made to such Commission for a license, together with any and all amendments thereof. Such copy shall be submitted at or prior to the filing of the first tax return due hereunder. SECTION IX. Section 5-8-10, Refusal to Pay Tax; Penalty, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 4 ORDINANCE NO. Any person, association or organization that shall fail, neglect or refuse to pay the tax herein required or that shall wilfully disobey any rule or regulation promulgated by the Finance Administrator hereunder, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the City jail for not more than ninety (90) days, or by a fine of not more than five hundred dollars ($500.00), or both. Any such fine shall be in addition to any tax and penalties required. All officers, directors and managers of any organization or association conducting gambling activities shall be jointly and severally liable for the payment of said tax and penalties, and for the payment of any fine imposed hereunder. SECTION X. Section 5-8-11, Rules and Regulations; Collection of Tax, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: The Finance Administrator or his authorized representative, shall adopt, publish and enforce such rules and regulations not inconsistent with this Chapter as may be necessary to enable the prompt collection of the tax and penalties imposed by this Chapter; prescribe and issue the appropriate forms for determination and declaration of the amount of tax to be paid, and have the power to enter into contracts with other municipalities and/or State agencies for the collection of the tax imposed on gambling activities conducted within the City of Renton. SECTION XI. Section 5-8-12, Mayor and Chief of Police; Power to Enter Into Contracts, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of 5 ORDINANCE NO. Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by changing the title to "Mayor and Finance Administrator; Power to Enter into Contracts," and to read as follows: 5-8-12 MAYOR AND FINANCE ADMINISTRATOR; POWER TO ENTER INTO CONTRACTS: The Mayor and Finance Administrator shall have the power to enter into contracts with other municipalities and/or State agencies for the enforcement of applicable State laws, rules and regulations, and City ordinances relating to all gambling activities. SECTION XII. Section 5-8-13, Records, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 5-8-13 RECORDS: A. It shall be the responsibility of any person. officer, director and manager of any organization conducting any gambling activity as licensed by the Washington State Gambling Commission and taxed under the provisions of this Chapter to provide access at all reasonable times to all financial records, including bank deposits, invoices, accounts payable, records of all fees charged, together with dates thereof, and related financial statements as the Finance Administrator or his authorized representative, or any bona fide law enforcement representative of the City of Renton may require in order to determine full compliance with this Chapter and all rules and regulations adopted or hereafter adopted by the State of Washington Gambling Commission. 6 ORDINANCE NO. B. Each person, association or organization engaging in any activity taxable under this Chapter, or as same may be amended from time to time, shall maintain records respecting that activity which truly, completely and accurately disclose all information and data necessary to determine the taxpayer's tax liability hereunder during each tax period. Such records shall be kept and maintained for a period of not less than three (3) years. In addition, all information and items required by the Washington State Gambling Commission under WAC 230-08, and the United States Internal Revenue Service respecting taxation, shall be kept and maintained for the periods required by those governmental agencies. All books, records and other items required to be kept and maintained under this section shall be subject to, and immediately made available for, inspection and audit, at any time, with or without notice, at the place where such records are usually kept, upon demand by %'"r the Finance Administrator or his designee, for the purpose of enforcing the provisions of this Chapter. SECTION XIII. Section 5-8-14, Revocation, Suspension of License, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: In the event any license issued by the Washington State Gambling Commission is suspended or revoked, then the person, association or organization affected by such suspension or revocation, shall immediately notify, in writing, the Finance Administrator of such action, together with a true copy of such notice of suspension or revocation. 7 ORDINANCE NO. SECTION XIV. Section 5-8-15, List of Licenses Required, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: It shall further be the responsibility of the Finance Administrator to keep on file a complete and up to date list of the licenses issued by the Washington State Gambling Commission as same is made available at said office, which information shall include the name, address, type of license and license number of each such licensee. SECTION XV. Section 5-8-16, Overpayment or Underpayment of Tax, of Chapter 8, Gambling Tax, of Title V (Finance and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: If, upon application by a taxpayer for a refund, or upon any examination of the returns or records of any taxpayer, it is determined by the Finance Administrator, or his designee, that within three (3) years immediately preceding receipt by the Finance Administrator of the application by the taxpayer for a refund, or, in the absence of such an application, within the three (3) years immediately preceding the commencement by the Finance Administrator of such examination: A. A tax or other fee has been paid in excess of that properly due, the total excess paid over all amounts due the City of Renton within such period of three (3) years shall be credited to the taxpayer's account or shall be credited to taxpayer at the taxpayer's option. 8 ORDINANCE NO. B. A tax or other fee has been paid which is less than that properly due, or no «�.• tax or other fee has been paid, the Finance Administrator shall mail a statement to the taxpayer showing the balance due, including the tax amount or penalty assessment and fees, and it shall be a separate, additional violation of this Chapter, both civil and criminal, if the taxpayer fails to make payment in full within ten (10) calendar days after such mailed notice. SECTION XVI. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1502:9/5/08:scr 9