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Council 03/14/2005
4 ". C14I • AGENDA RENTON CITY COUNCIL SPECIAL TIME FOR MEETING March 14, 2005 Monday, 6:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. EXECUTIVE SESSION(Litigation) 4 ROLL CALL(Council will reconvene at 7:30 p.m.) 5. SPECIAL PRESENTATION: Water Resource Inventory Area(WRIA)9 Draft Habitat Plan 6. PUBLIC HEARING: Wedgewood Lane(Expanded)Annexation-60% Notice of Intent to annex petition for 35.68 acres located in the vicinity of 144th Ave. SE, 148th Ave. SE,SE 114th St., and SE 121st St. 7. ADMINISTRATIVE REPORT 8. AUDTRNCE 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 address for the record, SPELLING YOUR LAST NAME. 9. 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 March 7,2005. Council concur. b. Development Services Division recommends acceptance of a deed of dedication for land known as Tract E on the west side of Springbrook Creek, which will be used for the development of a trail and open space system, to fulfill a requirement of the Oakesdale Commerce Center-West Binding Site Plan(LUA-03-089). Council concur. c. Development Services Division recommends approval of an ordinance that revises the trench restoration and street overlay requirements. Refer to Transportation (Aviation)Committee. d. Development Services Division recommends approval of the Elle Rain Final Plat;ten single- family lots on 1.78 acres located in the 3400 block area of NE 17th St. (FP-04-144). Council concur. (See 12.for resolution.) e. Economic Development,Neighborhoods and Strategic Planning Department recommends approval of the Renton Lodging Tax Advisory Committee recommendation to allocate$116,000 of hotel/motel tax collections to the Renton Visitors Connection for its 2005 tourism marketing efforts. Approval is also sought to execute a contract with the Greater Renton Chamber of Commerce for management of the campaign. Refer to Finance Committee. f. Economic Development,Neighborhoods and Strategic Planning Department recommends approval to develop the Highlands Sub-Area Plan to stimulate investment and redevelopment in the Highlands area. Refer to Planning and Development Committee and Planning Commission. g. Municipal Court recommends approval of an agreement with AllianceOne Receivables Management,Inc. for collection services. Refer to Finance Committee. (CONTINUED ON REVERSE SIDE) h. Technical Services Division reports receipt of appraisal performed for the McLendon Hardware alley vacation(VAC-04-004)for portions of the alley east of Burnett Ave. S. and north of S. 2nd St., and requests Council accept the appraisal, set compensation at$25,500, and accept the right- of-way dedication across the petitioner's property in lieu of the compensation. Refer to Planning and Development Committee. i. Transportation Systems Division recommends approval of a resolution in support of legislative funding from the 2005 Washington State Legislature for certain road improvement projects on SR-169 to significantly increase the level of service. Refer to Transportation(Aviation) Committee. 10. CORRESPONDENCE Memorandum from Larry Warren,Renton City Attorney, regarding correspondence received concerning the Amberwood II Preliminary Plat appeal (referred to Planning and Development Committee on 2/14/2005)from Amy L. Kosterlitz,2025 1st Ave., Suite 500,Seattle, 98121, that was received after the submission deadline and concerns new evidence. 11. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers;Lease Addendum with Engenio Information Technologies for 3rd Floor of 200 Mill Building b. Planning&Development Committee: City Code Title IV Docket 12. RESOLUTIONS AND ORDINANCES Resolution: EIle Rain Final Plat(see 9.d.), ,,+ Ordinance for second and final reading: Abandoned and junk vehicles (1st reading 3/7/2005) 13. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 14. AUDIENCE COMMENT 15. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 7:00 p.m. Insurance Issues • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11:00 AM&9:00 PM,WED.&FRI.AT 9:00 AM&7:00 PM AND SAT.&SUN.AT 1:00 PM&9:00 PM 1 RENTON CITY COUNCIL Special Meeting March 14, 2005 Council Chambers Monday,6:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TERRI BRIERE,Council President;MARCIE PALMER; DON PERSSON; COUNCILMEMBERS RANDY CORMAN;DAN CLAWSON; DENIS LAW. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TONI NELSON. CARRIED. EXECUTIVE SESSION MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 30 MINUTES TO DISCUSS LITIGATION WITH NO OFFICIAL ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING RECONVENE AT 7:30 P.M. CARRIED. Time: 6:31 p.m. Executive session was conducted. There was no action taken. The executive session adjourned at 6:55 p.m. ROLL CALL OF The meeting was reconvened at 7:30 p.m.;roll was called; all Councilmembers COUNCILMEMBERS present except Nelson,previously excused. CITY STAFF IN KATHY KEOLKER-WHEELER,Mayor;JAY COVINGTON, Chief ATTENDANCE Administrative Officer; ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk;GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;RON STRAKA,Utility Engineering Supervisor; ALEX PIETSCH,Economic Development Administrator;DON ERICKSON, Senior Planner; DEREK TODD,Assistant to the CAO; COMMANDER KENT CURRY,Police Department. SPECIAL PRESENTATION Dennis Clark,Public Outreach/Stewardship Coordinator with the ESA: WRIA 9 Draft Salmon Green/Duwamish and Central Puget Sound Watershed Water Resource Habitat Plan Inventory Area(WRIA) 9,reported on the draft WRIA 9 Salmon Habitat Plan. Mr. Clark explained that salmon recovery is in the hands of local people,and that the Puget Sound area is divided into 14 watersheds -of which Renton is within two(WRIA 8 and WRIA 9). He noted that the two watershed areas are densely populated,containing one-third of the State's population. Mr. Clark pointed out that habitat is a key factor in the decline of salmon,and local people have a significant role in addressing water quality,riparian vegetation,and land use issues. He stated that the WRIA 9 draft plan focuses on meeting the habitat needs of salmon across the watershed. It is a long-term plan that does the following: uses an ecosystem approach with focus on Chinook salmon needs,is based on extensive scientific assessment, lists the most valuable on-the-ground projects to protect and restore habitat, lists programs and policies,and relies on adaptive management over the long term. Continuing,Mr. Clark noted some of the concerns encountered in the Lower Green River portion of the watershed,including reduced water quantity, removal of riparian vegetation, degradation and filling of wetlands, and degraded water quality. Mr. Clark reviewed the focus of the plan, the differences and similarities between the WRIA 8 and WRIA 9 plans,and the implementation of the plans. 4 March 14,2005 Renton City Council Minutes Page 81 In conclusion,Mr. Clark stated that March 10th through April 25th is the 45- day comment period for the WRIA 9 Salmon Habitat Plan. An open house and public meeting will be held at Renton City Hall on March 22nd. In regards to the plan review steps,he explained that the Steering Committee will review the comments from March through June, a forum of local governments will review the plan from July through September, and the final plan will be submitted to the City for review and possible adoption in late 2005. Jay Covington,Chief Administrative Officer, thanked Mr. Clark for his presentation and stated that City staff is reviewing the plan. He also praised City staff for their hard work on the development of the watershed plans. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation:Wedgewood accordance with local and State laws,Mayor Keolker-Wheeler opened the Lane, 144th Ave SE& 148th public hearing to consider the 60%Notice of Intent to annex petition and R-4 Ave SE zoning for the proposed Wedgewood Lane Revised Annexation, which consists of 35.68 acres and abuts Renton on its western boundary. The site is bounded on the north by SE 114th St.,if extended; on the south by approximately SE 121st St., if extended; and on the east-south of SE 117th St. by Honey Creek and north of SE 117th St.by 148th Ave. SE. Don Erickson, Senior Planner,noted that Council considered the revised 10% Notice of Intent to annex petition on 12/6/2004, and authorized expansion of the annexation boundaries by adding another five properties to the north. Mr. Erickson said the site currently contains 25 single-family houses,and slopes down from the northwest and northeast corners towards Honey Creek. Wetlands exist near the southern and eastern edges of the site, and he noted that the developers understand the sensitivity of the Honey Creek area. In regards to the public services,Mr.Erickson stated that Fire District#10,Water District #90,Renton sewer, and the Issaquah School District serve the area. Continuing,Mr.Erickson reported that the annexation area is currently zoned R-4(four dwelling units per gross acre)under King County,and Renton's Comprehensive Plan designates the area as Residential Low Density,for which R-4(four dwellings per net acre)zoning is proposed. He stated that the fiscal impact analysis indicates a surplus of$30,902 at full development, and there is an estimated one-time parks acquisition and development cost of$74,030. Mr. Erickson concluded that the annexation proposal is consistent with City policies and furthers City business goals. He noted the potential of flooding in the area, and suggested mitigation when development occurs. In response to Councilman Persson's inquiry,Mr. Erickson confirmed that the City will provide the fire service if the area is annexed. Public comment was invited. There being none, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLAWSON, SECONDED BY LAW,COUNCIL: ACCEPT THE WEDGEWOOD LANE 60%PETITION TO ANNEX, SUPPORT FUTURE R-4 ZONING CONSISTENT WITH THE COMPREHENSIVE PLAN'S RESIDENTIAL LOW DENSITY LAND USE DESIGNATION,AND AUTHORI7F THE ADMINISTRATION TO SUBMIT THE NOTICE OF INTENT PACKAGE TO THE BOUNDARY REVIEW BOARD AND PREPARE THE RELEVANT ORDINANCES. CARRIED. March 14,2005 Renton City Council Minutes Page 82 ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2005 and beyond. Items noted included: * The Specialized Recreation Winter Sports Banquet will be held at the Senior Activity Center on March 16th. This year's event is generously supported by a donation from The Soroptimist International of Renton. • In response to the Governor's declaration of a statewide drought emergency due to expected low water supplies from low snow pack in the mountains, the City recommends that customers use water wisely. The City's water supply is not immediately impacted by the low snow pack because the supply comes from groundwater in the Cedar Valley Aquifer. However, the City recommends that customers try not to use more water than necessary,especially during summer months when water use can double that in winter months. AJLS: Remembering Former Mayor Keolker-Wheeler expressed sadness at the loss of former Mayor Barbara Mayor Barbara Shinpoch Shinpoch who passed away on March 9th. Ms. Shinpoch served as Renton's Mayor from 1980 through 1987. Mayor Keolker-Wheeler relayed that Ms. Shinpoch did not want memorial services,but that anyone who was interested could contribute to the Renton Salvation Army Food Bank and the Renton Historical Society. Mayor Keolker-Wheeler stated that Ms. Shinpoch will be missed by everyone who knew her, and pointed out that she was a mentor and a friend to her and a stellar example of a good leader. AUDIENCE COMMENT Nora Schultz, 540 Williams Ave. N.,#12,Renton, 98055, spoke on the topic of Citizen Comment: Schultz- her Title IV docket item concerning the R-10 zone amendment to allow Development Regulations attached townhouses or flats on pre-existing lots. She indicated that the density (Title IV)Docket,R-10 Zone calculation overrides the zoning of her property on Wells Ave. N., on which she Amendment Request wants to build a duplex. Ms. Schultz expressed disappointment with the staff recommendation to take no action and instead address the issue through the Cedar River Master Plan for 2005/2006, which means that she may be able to obtain a building permit in 2008. Noting that it seems as though the amendment will eventually occur anyway,Ms. Schultz asked Council to expedite the process so she can build on her property sooner rather than later. Councilman Clawson acknowledged Ms. Schultz's concern,but pointed out that careful consideration is necessary when making zoning changes. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of March 7, 2005. Council concur. March 7, 2005 Development Services: Development Services Division recommended acceptance of a deed of Oakesdale Commerce Center- dedication for a 40-foot-wide strip of land known as Tract E on the west side of West Binding Site Plan ROW Springbrook Creek to fulfill a requirement of the Oakesdale Commerce Center- Dedication, Springbrook Creek West Binding Site Plan (LUA-03-089). The land will be used for the development of a trail and open space system. Council concur. Development Services: Trench Development Services Division recommended approval of an ordinance that Restoration&Street Overlay revises the trench restoration and street overlay requirements. Refer to Requirements Transportation (Aviation) Committee. March 14,2005 Renton City Council Minutes Page 83 Plat: Elle Rain, NE 17th St, Development Services Division recommended approval of the Elle Rain Final FP-04-144 Plat; ten single-family lots on 1.78 acres located in the 3400 block area of NE 17th St. (FP-04-144). Council concur. (See page 85 for resolution.) EDNSP: Hotel/Motel Tax Economic Development,Neighborhoods and Strategic Planning Department Revenue Allocation to Renton recommended approval of the Renton Lodging Tax Advisory Committee Visitors Connection,Chamber recommendation to allocate$116,000 of hotel/motel tax collections to the of Commerce Contract Renton Visitors Connection for its 2005 tourism marketing efforts. Approval was also sought to execute a contract with the Greater Renton Chamber of Commerce for management of the campaign. Refer to Finance Committee. Planning: Highlands Sub-Area Economic Development,Neighborhoods and Strategic Planning Department Plan recommended approval to develop the Highlands Sub-Area Plan to stimulate investment and redevelopment in the Highlands area. Refer to Planning and Development Committee and Planning Commission. Municipal Court: Collection Municipal Court recommended approval of an agreement in the approximate Services,AllianceOne revenue amount of$180,000 annually with AllianceOne Receivables Receivables Management Management,Inc. for collection services. Refer to Finance Committee. Vacation: Alley,Burnett Ave Technical Services Division reported receipt of appraisal performed for the S &S 2nd St,McLendon McLendon Hardware alley vacation (VAC-04-004)for portions of the alley Hardware,VAC-04-004 located east of Burnett Ave. S. and north of S. 2nd St., and requested Council accept the appraisal, set compensation at$25,500, and accept the right-of-way dedication across the petitioner's property in lieu of a part of the compensation. Refer to Planning and Development Committee. Transportation: SR-169 Transportation Systems Division recommended approval of a resolution in Corridor Improvements, support of legislative funding from the 2005 Washington State Legislature for Supporting Legislative certain road improvement projects on SR-169 to significantly increase the level Funding of service. Refer to Transportation(Aviation)Committee. MOVED BY BRIERE,SECONDED BY LAW,COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE A letter was summarized from Amy L. Kosterlitz, Buck&Gordon LLP, 2025 Citizen Comment: Kosterlitz- 1st Ave., Suite 500, Seattle,98121,regarding the Amberwood Phase II Amberwood Phase II Preliminary Plat appeal (referred to Planning and Development Committee on Preliminary Plat Appeal,Steve 2/14/2005)that was received after the submission deadline and concerns new Beck,PP-04-117 evidence. A memorandum was also read from Larry Warren, City Attorney, recommending referral of the letter to Planning and Development Committee. His memo stated that if the Committee decides to reject any of the information, it can do so by ruling at the Committee meeting. MOVED BY CLAWSON,SECONDED BY LAW, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Added An e-mail was read from Sandel DeMastus, 1137 Harrington Ave. NE, Renton, Citizen Comment: DeMastus- 98056,describing various problems at Sunset Court Park located at 1150 Sunset Court Park Problems Harrington Ave. NE. Ms. DeMastus relayed the adjacent neighbors'desires for closure of the park at night and enforcement of the park rules. MOVED BY PERSSON, SECONDED BY LAW,COUNCIL REFER THIS CORRESPONDENCE TO THE ADMINISTRATION. CARRIED. Mayor Keolker-Wheeler assured that the Administration is already working on the matter. March 14,2005 Renton City Council Minutes Page 84 UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 235347 -235730 and two wire transfers totaling Finance: Vouchers $3,576,567.39;and approval of Payroll Vouchers 56119-56348, one wire transfer,and 571 direct deposits totaling$1,821,204.14. MOVED BY PERSSON, SECONDED BY LAW,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Lease: Engenio Information Finance Committee Chair Persson presented a report recommending Technologies;200 Mill Bldg concurrence in the staff recommendation to approve the amendment to the lease (3rd Floor),LAG-00-002 with Engenio Information Technologies, Inc. for Suite 300 on the 3rd floor of the 200 Mill Building. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease amendment. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning &Development Planning and Development Committee Chair Clawson presented a report Committee regarding the City Code Title IV(Development Regulations)Docket and Planning: Development related amendments. The Committee recommended concurrence in the staff Regulations(Title N)2004 recommendation for the following items: Docket&Amendments • Title N, Chapter 1: Housekeeping Changes • Title N,Chapter 1: Sureties and Bonds(4-1-230) • Title N, Chapters 2 and 7: Minimum Lot Size and Maximum Density • Title N, Chapters 2 and 4: Green River Valley Landscaping • Title N, Chapter 8: Appeal Process-Growth Management Hearings Board • Title IV, Chapters 8 and 9: Permit and State Environmental Policy Act Process for Nonproject Actions The Committee further recommended that school impact fee code reorganization amendments be approved in concept,but that ordinance preparation be deferred until the Finance Committee considers the Issaquah School District impact fee amount. The Committee further recommended that the R-10 zone not be amended to allow attached townhouses or flats on pre-existing lots. The Committee recommended that the issue of appropriate zoning and unit types for duplex and townhouses uses be addressed through the Cedar River Sub-Area Plat process in a separate work program. The Committee further recommended concurrence in the staff recommendation to deny requested amendments to the binding site plan amendment proposal and support: 1)allowances for condominiums, and 2)revisions to the planned unit development(PUD)regulations (4-9-150). The Committee further recommended concurrence in the staff recommendation for the PUD amendments and to require consistency with Ordinance 5124 regarding nonresidential open space standards. MOVED BY CLAWSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES March 14,2005 Renton City Council Minutes Page 85 Resolution#3741 A resolution was read approving the Elle Rain Final Plat consisting of Plat: Elle Rain,NE 17th St, approximately 1.78 acres located in the vicinity of the 3400 block of NE 17th FP-04-144 St. (FP-04-144). MOVED BY CLAWSON, SECONDED BY PALMER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading and adoption: Ordinance#5129 An ordinance was read amending Chapter 6-1,Abandoned Vehicles, of Title VI Development Services: (Police Regulations)of City Code by outlawing junk vehicles on private real Abandoned &Junk Vehicles, property,revising abatement procedures, adding definitions,declaring certain City Code Amend violations a misdemeanor,establishing a procedure for handling the abandonment of vehicles or junk vehicles from public property, providing a statement of legislative purpose, and declaring an emergency. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council President Briere announced that Council will hold a retreat from 8:00 Council: Retreat(3/28 & a.m. to 9:00 p.m.on March 28th, and from 8:00 a.m. to 3:00 p.m. on March 3/29/2005) 29th, at Renton Technical College,Room 111-C of the Technology Resource Center,3000 NE 4th St. Streets: Closure Ordinance MOVED BY PERSSON,SECONDED BY PALMER, COUNCIL REFER THE STREET CLOSURE ORDINANCE TO THE TRANSPORTATION (AVIATION)COMMITTEE. CARRIED. Community Event: Police Councilman Corman stated that he attended the Police Officers' Guild Annual Officers Guild Dinner Dinner and Silent Auction on March 12th,and the auction raised over$1,000 for the Domestic Violence Victim Advocacy program. ADJOURNMENT MOVED BY PERSSON,SECONDED BY CORMAN,COUNCIL ADJOURN. CARRIED. Time: 8:22 p.m. Bonnie I.Walton, CMC, City Clerk Recorder: Michele Neumann March 14, 2005 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING March 14,2005 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 3/21 CANCEIJED (Briere) COMMUNITY SERVICES (Nelson) FINANCE (Persson) PLANNING &DEVELOPMENT THURS., 3/17 Sunset Bluff Preliminary Plat Appeal (Clawson) 2:00 p.m. *Council Chambers* PUBLIC SAFETY MON., 3/21 CANCELLED (Law) TRANSPORTATION (AVIATION) THURS., 3/17 Temporary Closure of Sunset Blvd. N., (Palmer) 4:00 p.m. NE Sunset Blvd., & Houser Way Tunnel for Sewer Installation; Trench Restoration & Street Overlay Requirements; SR-169 Corridor Improvement Funding UTILITIES THURS., 3/17 Cedar River Broodstock Collection (Corman) 5:00 p.m. Facility NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. GREENJOUWAMISH Draft WRIA 9 AND �� Presentation Outline '.; Salmon I. Salmon recovery in hands of local Habitat Plan: people through "Shared Strategy" CENTRAL PUGET SOUND Ready for II. Rt 's twtr W ATERSHED differentenonplanswo foraedifferentsheds— Dennis Clark City/Public conditions Gordon Thomson Review DWRIA 9 HPready Watershed Coordination III. Services Team wy for reviewraft by City and abitat publiclan -.„.,,,,a. Independent Chmonh Populations I. Salmon Recovery is in Ourbi, M1 Hands :f' '4 Y` ,+• 7 }- ,40iiitimailei.. , _ . Watershed Plans Contribute Habitat is a Key Factor in ,:.175?„.<; G; to Puget Sound Recovery Decline of Salmon: 4 H's "► • Harvest Local people Watershed have no or very Early Actions Health • Hatchery practices limited role in Local these "H's” Watersheds Collective Regional More • Hydropower dams and Citizen Vision and Recovery Fish Groups mo Commitment Plans Amor, Regional / ESA • HabitatLocai people Decisions I ►�+.� have significant > commitment,/ / Coverage —Water quality role // !V / —Riparian V R Yp: q. R n ,, {t v n + •conal visions and results ,, :vegetation.'` . . .. S ...�t.f:?.^ •'.Yr+:. �ry «. .:i4 s.6";",t-r:.. . 'V I,' Tet,?`: t'.'??'sem r n +....—. 1 Salmon Need Clean Water Salmon and People: Both Need Healthy Land and Water A • Drinking water ,r .,, • Food -� • Forest products • Flood protection Ai „,,,k4,,„. .-..°A.,:.,:, -4 $---fin �� • Recreation • Beautiful 4 environment �� Z � ' �- � eQp. . t .Z� ' �� : f7 :�' t t . II. Renton's Two Watersheds i wR A Ds :. f �S�r.nen take Wn"'” "�: <' WRIA 8 !'` CedgrSammam shv r ...,.it ;: S .. milalaer Green DUWa>r:Sh gird WASIf tennat Puget Sound � �' At? k ° 14 y ' vlri:LUViI T., 4, W, WRGfi7 t�lt,6 WRIA 9 MAMISN• Snavnsh �:.a- $t 5Tyr fe V ` GREEN,DM/AMISH F - : ANG r";_ . 1:Nf. �/ Diewidataet .t S 3 agger .. '.,..5i•.t' .r+{.v :.....$k .i.ei}::i.�'a� '¢S:'Sa^" • .- (ANTRAL.A T VII i S0 UN0 *A �„ a R!A s.hlte h +�" "-:'�'_ .WATERS NE O' gP' . °• . WAsxrHN , r Dy x e j p. -• * Duwawish Estuary —""_____ ___ a r Subwatershed �) ,i; t <'5.„ CENTRAL PUGETS0UND ..+ 'r 'ice Middle Green River IDEMECEEI =`CR'^T�o �c4 Rover Subwaterthed . 5!rear:•Qeek /',.r{ m iiia to«:canted Area \ o L' ."/ I-1 Subwatershed '. e lower Green River 1'`�� L- Subwatershed (-/-�_ \� msu.y �«.,....-.........,,.--...-> �-^ ......., Upper Green River ,F'-'�^ ur, v Subwatershed 1 KLoewn7er;Gkiweenna,in, — , ', -..-.,i;... --• , . Same river! .. . *---•- 1,--- ..7,-;.-- -V_ii.iittOvl.47.., ' ,.•-I• - „:.:1--,,44, --70,` ..14)-4..g ' t•-•,, A -0.-,'”" ,-'. ,Ate.4' tr-i..,-`•.;;.' :::"r', ' 's **--•s'1, % „‘. ,-..'^-^.' - „ --- Same river! .1!,' '('",-,NIA. , 1.1`: ..- -'.?4 -431tik-- -7:,'. .. ''.' ''''' •"-:+te.i ji17-47,..,..,':.;.44,11.--- — t ' ''''',4i':•"'''tr",'"', '' le,' , ..:‘,- rn...Back River/ Same nearshore! Creek l _ . . : Springbroo 111 - . ....,.4,,,.4 -1.--,----. , ..„-"A, -34 ,,-.7'41-0 tire" •Atitt_-..„... Duwamish Rive f - * - , ... , . . .. .:. 77 i i' pBulr7pksRtaivroner , STRATECY FOZeV;Ftpr.diA:u:StsALZ:r.slv1!!:Ltl,ATPtNNINC: III. Draft Watershed Habitat Plan 1000 Ready for Review 'Ur sillift Sal.. p \ \ \ . s 'Nearshore Boat Tour off - , Normandy Park .......... , 1;&,\• ...7.-.,--,.;•":,`"-- \ ,,,, SALMON 4 Salmon liabitet Man t . HABITAT ft""' .""."""":-:""-,s°•"',„:',:,,,', PLANS ' /4 .,. - ? • 1.3311. , P-11 ,.:,', ,�� Salmon Habitat Plan: Salmon Habitat Plan: Why a watershed plan? What is it? • Focuses on meeting habitat needs of • Long-term plan with focus on actions salmon across our watershed in next 10 years • More efficient and effective • Ecosystem approach with focus on • Habitat only (not hatcheries, not Chinook salmon needs harvest) • Based on extensive scientific • Key piece of Puget Sound recovery assessment • Both freshwater and Puget Sound Salmon Habitat Plan: Salmon Habitat Plan: What is it? it? What is • List of the most valuable on-the- • Implementation recommendations ground projects to protect and restore still being worked on habitat • City decides whether to adopt • Lists of programs and policies • Reliance on adaptive management over long term Lower Green River: Draft Salmon Habitat Habitat Concernsu`v- Plan: Review Focus • Change in channel form(reduced shallow water habitat and off-channel habitat) P • Reduced water quantity(White River and Howard possible 1 • Hanson Dam) C---- • at Plan Actions ions • Removal of riparian(streamside)vegetation •• • Degradation and filling of wetlands • Degraded tributary habitat and reduced access • Reduced sediment recruitment and transport Screen#1: Screen#2: Technical and Feasibility and �c� wa:- uali �4. Scientific Effectiveness •' �,;-4., �„ a" Evaluation L. Evaluation 3 • Draft Habitat Plan: What ' Plan Differences 3 ,.,�,> should City review? `oma and Similarities u,u1sN',T`V • WRIA 9 Policy Recommendations Differences (p. 6-3 to 6-11) • Restoration and protection projects • Lower Green Policy Similarities Recommendations (p. 6-12) • Policies and programs • Lower Green Actions • Adaptive management (p. 6-59 to 6-69) • 9 • er et; el-, entatio Plan Y .._.x,,......,:..6ux.,.+m, .....,,.i.�.rdGk`,,..................... 71. --..2;.aU'.a. d... .mU.,; a uv....1.76%7..1......J...1.1,:-... ,:i."Ll`rc.;aylsEi....ay. +,+„:c. Implementing Two ,,,-_os Plan Implementation: `'�-'> \` .'t'';, Different Plans s s General '� • Level of detail in plan language should • Continue collaborative approach allow Renton to develop common city- • Monitor to track what works wide approach to implementing recommendations from two watershed • Negotiate assurances from federal plans government in exchange for local government commitments • Seek funding from multiple sources Draft Salmon HabitatDraft Salmon Habitat © Plan: Review Steps Plan: Review Steps • Thursday,March 10:Release of Draft • Steering Committee review: March —June Watershed Salmon Habitat Plan and • Chief Administrative Officer Jay Covington beginning of 45 day comment period represents City on both Steering Committee • Open Houses/Public Meetings: and Forum —Tuesday,March 22:Renton City Hall • Forum of local governments review/possible —Wednesday,March 23:Auburn City Hall adoption: July—September 2005 • Monday, April 25: Green postcard • Final to City for review/possible adoption: Public Comment Period Ends hasmeetingdet bsdeaiis late 2005 and we address 4 • • Draft Habitat Plan: Presentation Summary % ,,. ..„,',:-eAvailability • Six paper copies of draft provided to CAO • Salmon recovery is in our hands and other staff through "Shared Strategy" • Public review copies: • Renton plays a role in two —City Hall watersheds —Renton Downtown Library • Draft WRIA 9 Habitat Plan ready for • CD-ROMs on request review—comment by April 25 • On-line at watershed website Zx° € 7 - c ?N ,� us am salmon 2 �a,d�...:,E�.w. >Ts...,.w.zCr.,'k.:i�nl.,a.�f Via;.....,__ f...::.:6;-.114.*a . ,..ti��e"+ry'.s..;:�-,+. a^,,` � �'� ,sksz !4 .�._,.„Sr�: Contact Information Your Questions Dennis Clark, Public Outreach a 206-296-1909 , b dennis.clark@metrokc.gov CENTRAL',MET SOUND .> Gordon Thomson, Plan Managers �� 206-296-8013 'a '? ,,' e"u Upperx ., � ,a..• Greengordon.thomson@metrokc.gov n. Link from City of Renton"Spotlight"web .-- • „.,4. t.:',..,_,. ed b to or visit: -, Z t 5 5pPcta/ Pre sem. -117o?t 31 ii.J2oo5 It's about people and fish and the time to comment is now! gpie of the Green/Duwamish and Please learn and comment! Central Puget Sound Watershed in southern King County are creating a 1. Visit the Web site at http://dnr.metrokc.gov/Wrias/9/index.htm to: salmon habitat plan. The plan will • read and download the DRAFT habitat plan recommend steps to create a healthier •find the nearest location of public review(paper) copies of the DRAFT plan environment for people and fish.These steps will not be easy or inexpensive, • make comments on-line however, so public input is essential to •view the scientific information that guided the plan recommendations make good recommendations. • view public input received to date •find out what you can do to help salmon and clean water every day The DRAFT habitat plan will be ready for public review on Thursday, March 10. 2. Participate in public meetings: A comment period will last from March 10 Tuesday, March 22, 6 p.m. Open House, 7-9 p.m. Public Meeting to Monday,April 25. --,., ., Renton City Hall, 1055 S. Grady Way te, Comment on-line! ;/--A,_ .__4•-.-1, Wednesday, March 23, 6 p.m. Open House, 7-9 p.m. Public Meeting Too hard to make a meeting but have Auburn City Hall, 25 W. Main something to say? Provide your comments on-line.All who provide their comments using Thursday, March 31, 6:45-9:15 p.m. Public Meeting the on-line form will be entered in a drawing Vashon-Maury Island Land Trust Building, 10014 SW Bank Road (Vashon) for five"Chinook Books"at the end of the P. comment period. Each"Chinook Book"is full3. Contact watershed planning staff for more information: � of coupons worth hundreds of dollars and Dennis Clark at 206-296-1909, toll free at 1-800-325-6165, has lots of tips for environmentally- E or dennis.c/ark@metrokc.gov healthy living. ->,:��,,;,,�..\.�,�,_� , _-.f y 3 Public comment period ends Monday, April 25. WATER AIW PS HNUMD 0 f/ EO p • (-0( O Now, (n:, s + � � + �•Nrc0 WEDGEWOOD LANE (EXPANDED) ANNEXATION PUBLIC HEARING COUNCIL CONSIDERATION OF 60% DIRECT PETITION TO ANNEX AND FUTURE R-4 ZONING March 14, 2005 The City is now in receipt of the 60%Direct Petition to Annex representing a majority of the property owners and assessed value in the expanded 35.68-acre area(see map on back of handout). The subject site is within the City's East Renton Plateau Potential Annexation Area and is designated Residential Low Density(RLD) on the City's Comprehensive Plan Land Use Map. This site currently has the County's R-4 zoning and there are 23 dwelling units within it. The R-4 zoning would allow up to 114 units and unlike the County zoning which allows both attached and detached units, these would all be detached single-family units. • New Pursuant to state law the City is required to hold two public hearings on future zoning for the subject annexation area. Tonight's public hearing would be the first of two such required hearings. The Administration is asking the Council to consider R-4 zoning since it would be consistent with the Comprehensive Plan Land Use Map designation of Residential Low Density. It is also asking asking Council, if it accepts the 60%Direct Petition,to authorize staff to submit the Notice of Intent package to the Boundary Review Board for King County as well as begin preparation of annexation and rezone ordinances for this annexation. Recommendation: The Administration is recommending Council accept the 60%Notice of Intent petition for this expanded annexation area, support future R-4 zoning consistent with the current Comprehensive Plan land use designation, authorize staff to prepare and forward the Notice of Intent package to the Boundary Review Board for King County and authorize staff to prepare annexation and rezone ordinances for future Council consideration. Council Hearing Handout 12-22-03.doc\ MESE Ec--10, .Oilic7P111111 ii?cum !LAI" ,a, \ iii.....„ iii kw I Av. a CI flD .II rip - ; 0 0i l4 a It M1• a1 �' '. . ireilaCD �}© .. •• is10.7 illi, m ,. . ,n„ _, ,,. .,,EL cso #a„ MEI&4111 iiiiIIILJ aM � • -°el) j I ; ' : =�mo � _ 1 ;t 0 r.-., 0) , Y,.:..•. -,vf,:..k.-: - ,, .0 __Ea I - 0 ,.--','iq,i,'`.;,1: t -t2rffl D lin IN c_i ra 15, . . .,„,. ,,, ii a-,24.,':35"f1;:tt A',,:2',.-:,,Y,j;i.,-,,,f fil, i. I' BEIIIIIIpmffi 11:1 0. PAIIIIVAL ,,,,:.: ,,,,,,,-,,, ,:,c,,,,:-:r,,,,:::-'1'Z'.' 11.,,,7',A s ' R-RI I •. - . ,, Eta �IiiIiVIM -.,‘,...--,,,,,--:-.,,,,,,:,,,!,, ,,,,,,,,,,,,,4--,,$ xx.▪r▪ f Y : t t Milli 11111 a Mil m1 MIS �. a o , 9 re , W , :: '''.: .'•ii'l::' .., ::::,:i . . >a 0, NE' o , 0 gl Ci !!, 1J' t .' io ❑ 7J 0 •p ° 0IMINIIIMI 5� IN FD a q , * pm „--,E, ar, c,,,o,u ,r3 a mu D El IS itpi En 0 IIII a 13 nal al emiti!iikr., 12.17;' q• is ow.1 smi Ls 1=30 ID ED 81111millil / a - -- -_ I= fl ° 705 IA illt? `:I 0 r-� p u in. ^ r ' e to document i y g�ende rtoresenta not quoranteed bas~LJI L- to survey the intended Tor iffy ses only and W.a M � ` Thin op the Ee hiy'purposeson stun a as oT Ne date shown. This mop i for display only. Wedgewood Lane Annexation 0 400 800 Figure 3: Existing Structure Map 1 : 4800 1TY 0 Economic Development,Neighborhoods&Strategic Planning '7 Existing Structure ♦ ♦ Alex Pietsch,Administrator — — Renton City Limits r1 G.Del Rosario Note:Annexation boundary may differ from diagram. 'ANT0 $ 8 October 2004 Please see legal description for actual boundary. 1 I Proposed Annexation Area •.\‘ .''''\S' 1.'1 rk , , , • ,,,,,,,ta;i,. I i-.',i,,,,, t,"',71,i -,, 11'1'1'1'41°P,7,1cft1;11,tit1P.'11:,1,1;;''Jitt-til 1 •,,\\.„ ,.., firtf 7•••,' '':.1., _ ' ' I ; l'--, • ' 1111-,-- ,1 ' ' :1 •,,,, , . 1 . , , i 27 If, 1 Nr'-'--.' I.' , • ! ' I,,: ,..... t•,:f(-_,.-1.",•5!„"rt-r-r- lumr,_i r rrafIfyr,Lnnc 2 i, ...., ...- N 1 1;i1-11`111 i )1fir''1'3i i'1;C''14 '11--' ...., ,,J-.._z..,,,,,1, ___.1 , .1_,,g1s_t,,,. f -.) 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C.. ., / II II (I n ., i • .— - •_ • th, hint:f•t P,21111..,n Anhn ZrEttlita • Support futur,„: R-4 ion]n con,1,t,,trit\‘ith ii • (..'ttnipr,th.-tn,tt,:Plan hand \hp',"R1,1;tt11hl Ltt\k D,211,11,-land us dc,..1gn,111,11 ttt. • Audit th,t A t.innnt,tration H lor\\art]111 \,•Itctt Int,:nt p.ttit„1,..:.::to Oh:Rountiart. Board Hr k.ntL: • -: - • - 4 CITY OF RENTON MEMORANDUM DATE: March 14, 2005 TO: Tern Briere, Council President Members of the Renton City Council FROM: Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: COMMUNITY SERVICES DEPARTMENT • Renton youth who placed in the City of Renton Hoop Shoot last month advanced to the Valley Hoop Shoot at Green River Community College last week. In the Girls Division, ages 8 and under,Makala Roper took first place and McKenna Buck took second place. In the Girls Division, ages 9 and 10,Kymber Morrison earned second place, and in the Boys Division, ages 11 and 12,Anthony Adamski earned third place. • The Specialized Recreation Winter Sports Banquet will be held at the Senior Activity Center on March 16`i'at 6:00 p.m. More than 150 athletes,parents,volunteers, and friends are expected to celebrate this year's successful season and members of the Renton Youth Council will be on hand to help serve. This year's event is generously supported by a donation from The Soroptimist International of Renton. • Colleen Miyata, an athlete from Renton's Specialized Recreation Program, will be featured on the FOX Sports Net half-hour television program highlighting the 2005 Special Olympic Washington Winter Games. The show will air Wednesday,March 16th, at 7:30 p.m.; Friday,March 18"', at 12:30 p.m.; and Saturday,March 19th, at 6:30 p.m. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT • hi response to the Governor's declaration of a statewide drought emergency due to expected low water supplies from low snow-pack in the mountains,we recommend that our customers use water wisely. The City's water supply is not immediately impacted by the low snow pack,because our supply comes from groundwater in the Cedar Valley aquifer. However,we recommend that customers try not to use more water than necessary, especially during summer months when water use can double that in winter months. Customers can conserve water use by reducing the frequency of watering yards and gardens; adjusting sprinkler heads and outdoor hoses to avoid watering sidewalks, streets, and driveways;using commercial car wash facilities that recycle water; washing only full loads in the dishwasher; taking shorter showers; and sweeping patios, driveways, and sidewalks rather than hosing them with water. By working together to develop water saving habits and wise water use,the City and its customers should have a reliable and adequate water supply for the anticipated summer drought. Customers with questions may contact the City's Water Utility Engineering Division at 425-430-7287. CITY OF RENTON COUNCIL AGENDA BILL AI#: 9 . 19 Submitting Data: Planning/Building/Public Works For Agenda of: March 14, 2005 Dept/Div/Board.. Development Services Division Staff Contact Carrie K. Olson x7235 Agenda Status Consent X Subject: Public Hearing.. Acceptance of Dedication of right-of-way of Tract E of Correspondence.. Ordinance the Oakesdale Commerce Center-West, Binding Site Resolution Plan. Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Hearing Examiner's Report Information Recommended Action: Approvals: Council concur Legal Dept X moor Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: Oakesdale Commerce Center LLC is required by a Hearing Examiner's decision to dedicate a 40 foot wide strip of land known as Tract E, (approx. 35,592 sq. ft.) on the west side of Springbrook Creek. This land together with the future dedication of Tract F, east of the creek, will provide for an open space system and a paved pedestrian trail to be built by the applicant according to City standards. This dedication is part of the Oakesdale Commerce Center-West,Binding Site Plan,LUA03-089. STAFF RECOMMENDATION: Accept the dedication as presented and authorize the Mayor and City Clerk to execute the dedication document. C:\Documents and Settings\mpetersen\Local Settings\Temp\OakesdaleCommerceCenterBSP 14m Revised AGNBI LL.doc '4110rr Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 125381-0180 and 125381-0190 Project File#: U031301 Street Intersection: NEC of Oakesdale Ave. S.W.and S.W. 34th Street Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantor(s): Grantee(s): 1. Oakesdale Commerce Center,LLC 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 3.) A strip of land,40 feet in width,adjoining and immediately East of Block 7,Burlington Northern Industrial Park Renton II,as per Plat recorded in Volume 111 of Plats,pages 42 through 44,Records of King County, lying North of S.W.34th Street and South of the Easterly extension of the North line of Lot 2,Glacier Park Short Plat No. SHPL-125-89,as recorded under Recording No.9103209006,Records of King County, Washington. Nkomo The Grantor,for and in consideration of mutual benefits conveys,quit claims,dedicates and donates to the Grantee(s)as named above,the above described real estate situated in the County of King,State of Washington. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year as written below. Approved and •• cented By: Grantor(s). Grantee(s): City of Renton •Kirk Johnson A I Mayor City Clerk INDIVIDUAL FORM OF STATE OF WASHINGTON )ss ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: loir►' P:\11000s\11010\doc\deed of dedication form.doc Page 1 FORM 04 0001/bh INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss ` *\\x\'•'. I i 1 it, COUNTY OF KING ) ,M• �F? On this /1 day of a400.5'1F �` '.'� „JAL before me personally appeared V� S1Ok �h++ l a (1747), �dti to me known to G 4-41r-OUR Its I. be �1y�'�tgFI� of the corporation that j 0-u -,, *03 O executed the within instrument,and acknowledge the said instrument to be the free 4 r. = and voluntary act and deed of said corporation,for the uses and purposes therein a s 0 mentioned,and each on oath stated that he/she was authorized to execute said 8 ,��$�et;_ instrument and that the seal affixed is the corporate seal of said corporation. / po igaASA Notary Public in and for the State of Washington Notary(Print) DAR, S.,Alr- , F'( z ii D My appointment expires: e//j—/eJ Dated: /—/I_p S' P:\11000s\11010\doc\deed of dedication form.doc Page 2 FORM 04 000I/bh EXHIBIT "A" LEGAL DESCRIPTION Tract E of the City of Renton Binding Site Plan No. LUA-03-089-BSP (Oakesdale Commerce Center West), as recorded in Volume 226 of Plats at pages 20 and 21, under King County Recording No. 20050112000272, Records of King County, Washington. All situate in the Southeast quarter of Section 25, Township 23 North, Range 4 East, Willamette Meridian, in the City of Renton, King County, Washington. Lot Area: 35,592 square feet of ded i ca ted area. / 1irsrr>�rirlr'r ��.,� �^��at111tt 10 s1. ° ,1�o01 wask� /, _k 4V>4> .tr:‘ ost ,10 "'IFIV' isl Iia•�• . t EXPIRE :1 -15-vim Itoi Project Name: Seattle Times Property-Renton January 20,2005 DJSTjss '" 11010L.007.doc t 1 Nod 2 .. nv�<\0 1^T-)1 to o -200 ,-r nt,l t,t n�\10 l "I) u (1)(:) I nT ' i ,`- \ji\I-II 40\el )A�w \��w 1 v1v 'A A /NI A/'Ir-L) DA EV ^t 1n L)T DI A TI Int 11 , 1 o \)L.n\.,IL_I\ 1 nl\t\ .:11v1\1 I i_n 1 ' Qti Dr_To Aln uan;7nunn� I 91 )320 006 588'29'24 E 40' TRACT C coo' O LOT VU [ LTE TRACT E s '. i L � � — � _-.. l 1 , z, tLOT E 1 1 LOT E4 r N _ ;:. i CO , r�.{\ v�\,1?(No 1\\ 11 p'7--.__._._ 8 LOT W5 LOT C l 1('.�1�\11V"s".;,-13` 1-13`\ 1(11 € C t —; ,. nt(;L 111(1 1\\I A A 1\ N L ., $, coOA \A �l t \vv1 `3 int--C` Aqiiii C • P a. � \.,v\\� ♦1 n1 1 111 i y\.1t•' 1 M O Z 11 ru, ! LOT E1 n f! LOT E�} 9 LOT1 Ft ACTF t& ,51'O41, ' 0 n 4O. t i ,,ii t 1 --S_W_ s741H _ C - b X v _ m Scole: For Job Number Horizontal 1"=200' Vertical OAKESDALE 11010 aH4(, 18215 72ND AVENUE SOUTH COMMERCE CENTER a. KENT, WA 98032 Sheet , (425)251-6222 _!, - (425)251-8782 FAX Title: $1. z CML ENGINEERING, LANDPLANNING, SUNG, TRACT E GDIGR>, ' ENVIRONME TAL SERVICES EXHIBIT' B1 1 of 1 Designed I DrownSRF I Checked RWG I Approved RW I Dote 12-09-04 PORTION OF SE1/4 OF SECTION 25, T23N., R4E, W.M. . AN - OAKESDALE COMMERCE CENTER WEST 0 150 300 600 FND CITY OF RENTON = MON 1551 IN CASE L HELD FOR LINE w o 1R 300' (MAY 2003) m FND MON ,,,r��y! 'apt '► Q ,in, IN CASE ..AMR P ARK LAI I ,SHORT PLAT wrtit:; p4s4 2 %z v (MAY 2003) REC. HO. 9 03 X09006 N� ; ,." r -\_______ _ cNI HH- ' -'Th_..-- RG£ FND CITY OF RENTON ) I ppm 00MON 1861 IN CASE I ,v) TR. B W8 SES HELD FOR POSITION I .,,?I� 1A17 7 ok (MAY 2003) I wp,' ' 1 3 i Iw 0 I";: ill M I F- ;rn F�St I •o Z� t W�� TR. A W3 aort11%Nrw p � o _JrW4 W5W6 �- W lido 4 141 1-1-1 M . - "" p ,� Aar 0 <1 1\ / � WOQ' W2 wi , jI I z Mr 1 ------------------------------------- 7" -11_ ' 'T 981.96,---- --- ------ ---- N87'51'04"W 2266.6R' (MEAS) FND MOND IN CASE FNAONINCASE CITY nF RFNTnNI x/I f1 I.KI I v IA A D (MAY 2003) January 22,2004 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION <...t �. APPLICANT: Oakesdale Commerce Center/ Capstone Partners LLC 1001 4th Avenue Seattle,WA 98165 Contact: Bob Fadden Lance Mueller&Associates/Architects 130 Lakeside, Suite 250 Seattle,WA 98122 File No.: LUA-03-089, SA-H,ECF,BSP,SM LOCATION: Northeast corner of SW 34th Street and Oakesdale Ave SW SUMMARY OF REQUEST: Approval for subdivision of a 33.6-acre(net)site into 13 lots and 6 tracts. SUMMARY OF ACTION: Development Services Recommendation:Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on December 9,2003. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the December 16,2003 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,December 16,2003,at 9:03 a.m.in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No.1: Yellow file containing the original Exhibit No.2: Vicinity Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Site Plan/Notes Exhibit No.4: Building Wl —Floor Plan Exhibit No.5: Building W3—Floor Plan Exhibit No.6: Building El —Floor Plan Exhibit No.7: Building W1 —Exterior Elevations Exhibit No.8: Building W3—Exterior Elevations NIS Exhibit No.9: Building El—Exterior Elevations Exhibit No.10: Overall Landscape Plan Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM January 22,2004 Page 2 Exhibit 11: Zoning Map Exhibit No. 12: Binding Site Plan Exhibit 13: Elevation drawings of Buildings(except Exhibit No. 14: Elevation drawings of Buildings W1, W2,and W6) WI, W2,and W6 The hearing opened with a presentation of the staff report by Susan Fiala,Senior Planner,Development Services,City of Renton, 1055 S Grady Way,Renton, WA 98055. The project is located on the NE corner of SW 34th Street and Oakesdale Avenue SW. The site is comprised of multiple parcels, divided by Springbook Creek which runs north and south. There is approximately 9 acres of land on the east side of the creek and the remaining portion is on the west side. The subject site is zoned IL(Light Industrial),the property to the north is RC(Resource Conservation),the property to the east and south are both Light Industrial,and to the west is Medium Industrial and a Resource Conservation. The Comprehensive Plan designation is Employment Area—Valley(EA-V). The site is 35.3 gross acres(33.6 net acres). The proposed square footage of the new building area is 532,999 square feet. The proposal is to subdivide property into 13 lots and 6 tracts. There are 13 buildings proposed.All proposed lots meet the required size stipulations by the Light Industrial zone. They also meet all setbacks and lot coverage stipulations. Lots and buildings that are west of the creek will be referred to as W1 —W8, and to the east El-E5. There are no street dedications required,however,the applicant is proposing to dedicate a 40-foot width of land to the City along each side of the creek labeled as Tracts E and F. It is recommended that the applicant prepare a dedication statement and place it on the face of the Binding Site Plan. Tract A,located in the western portion of the site to the east of Oakesdale, is the wetland mitigation area. Tract B,north of Tract A is proposed for a detention wet pond area. Tract C is located on the east side of Springbrook Creek in the northeast corner of the parcel. This is a wetland area. Tract D is to the east of the property and is another detention wet pond area. Tract E is located to the west of Springbrook Creek and contains lands proposed to be dedicated to the City. Tract F,on the eastside of Springbrook Creek is land dedicated to the City,which will contain a future trail. The Environmental Review Committee issued a determination of Non-Significance-Mitigated,with 5 mitigation measures. There were no appeals filed. The Examiner questioned the liquefaction factor,the fact that unknown third parties may be on the site when an event occurs. The applicant and the owners know about the high seismic hazard,but future purchasers down the line and tenants and patrons of businesses on the site who could be hurt by allowing development on a site that is subject to liquefaction. What is the liability to the City for approving development on a site that could be hazardous? Ms.Fiala stated that a letter of understanding of their risk of developing on the site has been submitted. The Geotechnical Engineer was not present to answer the questions. The project does comply with all aspects of the Comprehensive Plan as it is developing property in the Renton valley area for commercial office and industrial uses. There is no decrease of the existing wetlands. Offices and retail uses are allowed in the Employment Area-Valley designation. All lots within the building site plan meet the required setbacks from their respective property lines. Existing vegetation within the wetland mitigation area and along Springbrook Creek would remain undisturbed. Tract A does comply with the landscaping policies,Tract B,as submitted does not comply,but it is understood that the architect has resubmitted plans that do comply. Oakesdale Commerce Center . File No.LUA-03-089,SA-H,ECF,BSP, SM January 22,2004 Page 3 The proposed structures vary in heights,the tallest building would be 31'6",measured to the top of the parapet which meets the development standard for building height. A total of 835 parking spaces would be provided throughout the site. The minimum number of parking required is a total of 647 spaces. The development would provide dock high loading doors for 10 of the 13 buildings and ground level service for the remainder. All buildings comply with necessary requirements. Two driveways are proposed along Oakesdale Avenue SW and six driveways on SW 34th Street. The northern driveway on Oakesdale would serve semi truck traffic for Building W7 and W8 and the southern driveway would be for small vehicles. All driveways will be signed and SW 34th Street access will be for passenger vehicles only. The design of the building,with high parapets,would adequately screen any roof-mounted equipment. Refuse and recyclable areas would need to be signed at all locations on the site. They will be screened with 8'high concrete walls that will be painted to match the building base color and chain link fencing with slats. It is recommended that they check with Rainier Waste Management for approval of the location and access to the various areas. Construction Mitigation Plans are required prior to the issuance of any building or construction permits. This proposal is in compliance with the surrounding uses of office,warehouse and distribution. The site would be arranged as a campus with buildings sited with landscaping,parking,varied building heights, pedestrian sidewalks and with a common design theme to coordinate all buildings. The site plan is in compliance with vehicular and pedestrian circulation which is adequately separated with the use of sidewalks. It has been indicated that there is not adequate fire flow available to serve this project,a new looped water main system is required to be installed throughout the project to provide for adequate fire flow. The Fire Department has indicated that an emergency access is required for the eastern section of the property. The applicant is looking at ways to provide this access. The applicant will pay the appropriate Fire and Transportation Mitigation Fees. The binding site plan should clearly identify utility easements providing water, sanitary sewer and storm drainage to each lot. The installation of required street and utility improvements for the entire binding site plan must occur prior to building construction. The lots created by the binding site plan would be subject to private Covenants,Conditions and Restrictions to be established by the property owner. A draft has been submitted and will be reviewed by the City Attorney and Property Services. Staff recommends approval of the Oakesdale Commerce Center Binding Site Plan Review Application subject to five conditions. Robert Wells,Architect,Lance Mueller&Associates, 130 Lakeside,Suite 250,Seattle,98122 stated that they accept the conditions that Ms.Fiala has stated,except for the gating of one drive and closing the other,they would like to have the flexibility to flip which drive is gated and which one would be closed. Mr.Wells presented elevation drawings of the buildings for the site. Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM • January 22,2004 Page 4 Daniel Balmelli,Barghausen Engineers, 18215 721'd Avenue South,Kent 98032 stated that they are the civil engineers for the project. Fire flow is available in 34th Street and Oakesdale Avenue,however,fire hydrants with a loop system need to be provided. Regarding the issue of seismic activity on the site,these types of projects have been developed in the Valley for nearly 20 years. The soils are fairly common,they are a silty, loamy soil which makes them subject to liquefaction. Three to five years ago,the State made a new requirement regarding the design of buildings for liquefaction issues on seismic ground. The structural design of the building is required to accommodate these requirements in this zone. The Examiner stated that his concern is with the fact that the City has been very strict in its requirement for developing near coal mines, and not allowing certain development over potential coal mines. Again,the concern is for innocent third parties rather than those who buy the property and know the problems, it is the people that work there and might visit that are of greater concern. Mr.Balmelli stated that what happens due to liquefaction is the cracking of slabs and concrete walls. It does not say that the building is going to come down, it's just that the buildings could endure some cracking. Kayren Kittrick,Development Services,stated that in regards to the driveway issue,Fire was mainly concerned that there be one driveway expressly for emergency access. It is okay to eliminate one and gate the other, whichever side they want, it can be their choice to accommodate the interflow. There is adequate fire flow to serve this development in 34th and Oakesdale. To provide appropriate fire flow within the development,they will have to,and are required to build a looped fire line. The queuing problem on Oakesdale is because Oakesdale itself has a middle third turning lane that basically ends at that location. The way it is constructed,it was a question,the latest memo from the traffic engineer was that it would be okay to restrict the right in and right out at that location. There was not going to be sufficient trucks coming in from the north on Oakesdale,most of the trucks would be coming from the south and making right turns. The concern is what is going to happen when Strander is built. Recommendation would be that free movement be allowed at this particular location with a condition that in two years it is revisited. It may be required to be right in,right out at that time. Robert Wells stated that there are negotiations ongoing with K&L Distributors to get an emergency access easement along their existing drive. If that fails,we have to shorten two of those buildings to create a loop along one of the lot lines. Daniel Balmelli questioned if it could be conditioned that the applicant work with the fire department for an acceptable turn around on-site should the connection easement not be obtained. There are other options on-site that would satisfy that may not have been talked about at this point. The Examiner stated that a very expensive bridge across the creek was proposed,however,the City does not want one there. It will be up to the Fire Department to make the call. If they want a separate access,not relying on 34th Street,they would probably want something coming in from the east,west or north. The applicant is agreeable to the proposed condition of right in,right out on Oakesdale at a future date,if necessary. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:03 a.m. FINDINGS,CONCLUSIONS&RECOMMENDATION Niow Having reviewed the record in this matter,the Examiner now makes and enters the following: Oakesdale Commerce Center . File No.LUA-03-089, SA-H,ECF,BSP,SM January 22,2004 Page 5 FINDINGS: I. The applicant,Oakesdale Commerce Center/Capstone Partners LLC,filed a request for approval of a subdivision of a 33.6-acre(net)site into 13 lots;and 6 tracts by use of a Binding Site Plan. The lots are intended for future commercial, distribution or office development under a proposed site plan. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC)issued a Determination of Non-Significance-Mitigated (DNS-M)for the proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at the northeast corner of Oakesdale Avenue Southwest and Southwest 34th Street. The site is owned by the Seattle Times which had proposed establishing its printing plant on the site in 1991. That proposal has expired. 6. The subject site is approximately 35.3 acres in area. The subject site straddles Springbrook Creek. There are approximately 9.3 acres east of the creek with access to SW 34th Street. There are approximately 24.3 acres west of the creek and since it is a corner lot it has frontage along both SW 34th Street and Oakesdale Avenue SW. The site is vacant. Wetlands dominate the westernmost quarter of the subject site. 7. The subject site was annexed to the City of Renton with the adoption of Ordinances 1745, 1764 and 1928 enacted in 1959 and 1961,respectively. 8. The site is zoned IL(Light Industrial). 9. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of employment generating uses. The plan does not mandate such development without consideration of other policies of the Plan. 10. The applicant proposes using a Binding Site Plan to divide the subject site into 13 lots and 6 tracts. 11. The western parcel is approximately 1,200 feet wide(east to west)by 821 feet. It would be divided into 8 parcels and 3 tracts. The parcels and proposed buildings would be arranged in three tiers south to north. The southernmost buildings,Buildings WI and W2,would be aligned with their long facades facing SW 34th. The middle tier consisting of four buildings,W3 to W6,would be arranged with their shorter facades facing south. The northernmost or third tier would consist of two buildings,W7 and W8. They would be aligned with their long facades oriented toward SW 34th. The wetlands tract would be located in the western quarter of the western parcel at the corner of 34th and Oakesdale. A greenbelt and pedestrian easement would be located along the eastern edge of the parcel,along the western side of Springbrook Creek. 12. The eastern parcel is approximately 471 feet wide(east to west)by 916 feet deep. It would be divided into 5 parcels. There would be three tiers of buildings and parcels,again arranged south to north. El and E2 would be the southern buildings and they would be oriented with their short facades facing 34th. E3 and E4 would be the second tier and would be oriented in the same fashion,short facade,facing Nord south. E5 would be the sole building in the third tier. It would be oriented with its long facade facing Oakesdale Commerce Center File No.LUA-03-089, SA-H,ECF,BSP,SM January 22,2004 Page 6 wr south. There is a wetland Iocated along the northern edge of this eastern parcel. An easement would again be provided along Springbrook Creek's east side,mirroring the one provided from the western parcel. 13. The parcels are essentially flat. 14. The new buildings will be one and two-stories tall. The tallest building will be approximately 32 feet tall. They will range in size from approximately 24,600 square feet to 82,564 square feet. Three of the buildings, W 1,W2 and W6,are intended for commercial or office uses and would have ordinary facades. The remaining buildings on both sites would have loading docks and rollup doors to accommodate offices, showrooms and distribution services. 15. The total building square footage would be approximately 532,999 square feet. The buildings would be a mix of steel,wood,concrete and glass tilt up walled structures. The buildings would be finished with similar architectural detailing and horizontal and vertical stripping and banding for visual and textural relief. The buildings would also have articulated facades and taller and shorter parapet walls at their tops in addition to the actual building height differences. 16. Landscaping is mainly confined to the exterior or perimeter of the site and buildings but will utilize the wetlands on the northeast and western portion of the site to provide visual landscaped-like amenities in addition to the pedestrian easement and landscape break provided by Springbrook Creek which divides the sites developed features. Staff noted that the applicant will have to meet landscaping setback requirements along both streets. The site also must meet the Valley Area's two percent landscaping requirements and does so by providing 11.8%in its wetland areas and perimeter landscaping. 17. Parking will be provided throughout the site including along 34th and around each of the buildings except where there are service areas or loading docks. Staff calculated parking based on potential uses in the various buildings and derived a range of from 647 to 835 stalls whereas the applicant has proposed 853 stalls. The applicant agreed to eliminate 18 stalls to meet code. Since the property will be divided under the binding site plan, each lot should have its own complement of parking or a shared parking agreement would be necessary. 18. It appears that the loading docks and access meet code. The applicant proposed three driveways to serve the two areas east and west of Springbrook Creek. Staff determined that the eastern frontage should only be served by two driveways and the applicant requested flexibility in locating those two driveways. The three proposed west of the creek were appropriate. In addition,two driveways would be located along Oakesdale in an area north of the wetland to separate large,commercial trucks and passenger vehicles. Staff found those acceptable. Staff noted that turning movements into and out of the site might create potential problems and reserved the right to restrict a driveway or driveways to right-in and right-out movements. 19. There will be an internal series of sidewalks as well as the pedestrian easement for a trail along the creek. 20. The Fire Department determined that the eastern parcel's northern buildings would have insufficient access in the event of an emergency and required a secondary access. The applicant may be able to gain access through neighboring or adjoining property but that is unresolved. As an aside,the original Times project had incorporated a bridge over Springbrook Creek internal to the project. 21. The applicant's plans will create interior parcels that do not have direct access to a public street. Access Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM January 22,2004 Page 7 Nad in such cases would be provided by cross-access easements. The applicant had proposed 24 and 30-foot wide easements while code requires a minimum of 26-foot wide easements. The applicant indicated that they would provide easements meeting code. 22. The applicant proposes dedicating the two easement areas on either side of the creek. The City will require the development of the eastern one with a trail but both will require a dedication statement on the final plan. 23. Storm water detention will be provided in the extreme northeast and northwest portions of the site on Tracts B and D. 24. The site may be subject to earthquake stresses including liquefaction. The ERC imposed a condition requiring the applicant to note the risks on the approved plans. This does not necessarily inform third parties,patrons or employees of potential problems. The applicant indicated that the risks are more directed at building foundations and walls cracking and not severe failure. 25. The IL Zone requires a minimum lot size of 35,000 square feet which controls the way the parcel may be divided. 26. The applicant proposes creating six(6)tracts in addition to the 13 lots. Tracts A and B are located along Oakesdale Avenue and include the wetland and buffer and storm water detention systems, respectively. Tracts C and D are located in the northeast segment of the property and again contain wetland and buffer and storm water detention,respectively. Tracts E and F are located on the west and east side of Springbrook Creek,respectively. They will be dedicated for trail and open space purposes. , 27. The applicant has provided for utility lines to reach each of the parcels but has not defined easements that provide corridors for the utility lines. Staff recommended that easements be defined that correspond with the access/easement roadways the applicant has created. CONCLUSIONS: Site Plan 1. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM January 22,2004 Page 8 h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 2. The proposed Binding Site Plan and "design"site plan appear reasonable although the applicant will have to modify some aspects of the proposal to comply with code or meet Fire Department requirements. The thirteen buildings will provide for a range of commercial tenants needing simple space to those needing larger space and substantial delivery areas. The buildings will provide additional employment opportunities in the City. The suite of buildings have been designed with one theme and will provide a coordinated and well-designed complex compatible with the goals and policies of the Comprehensive Plan. 3. The project meets the requirements of the Zoning Code. The buildings comply with setback,height and landscape provisions. Compliance with the Building and Fire codes will be determined when the applicant submits a building permit application. The applicant will have to provide some means of accessing the buildings and parcels in the"E"part of the complex. At this time,access is too remote. 4. The development will increase traffic in this area but staff has noted that access appears reasonable and can be further controlled by turning limitations if there are any problems. The change in driveway number and location also will help traffic flow in and out of the site as well as along the adjacent roadways. The applicant will be paying mitigation fees to offset its traffic impacts. 5. The development of the site will create construction noise and additional everyday noise once construction ceases. These impacts were anticipated when the Comprehensive Plan and Zoning were err adopted for the site. The one and two-story buildings are low-rise and appear reasonably separated from one another and should not block light and air. The wide separation provided by the creek and the easements will also afford substantial open space between the two portions of the complex. Coupled with the wetlands and internal landscaping,the complex should appear more open even if the fairly rectilinear arrangement of the buildings lacks creativity. 6. While internal landscaping is somewhat limited,there is substantial open space given the creek,wetland areas and the detention ponds. Staff will have to determine if appropriate setback landscaping has been accommodated on the site. 7. The driveways have been reviewed by staff as have the internal pedestrian paths and they appear reasonable. Staff has recommended the elimination of a driveway east of the creek and this appears appropriate given the shorter frontage. This office will allow the applicant and staff to determine which driveway should be eliminated and alter the spacing of the driveways to accommodate this recommendation. 8. The site has access to City utilities. Storm water will be handled on site. Binding Site Plan 1. The provisions of the Binding Site Plan are generally as follows: a: LEGAL LOTS:Lots,parcels,or tracts created through the binding site plan procedure shall be legal lots of record.The number of lots,tracts,parcels,sites,or divisions shall not exceed the number of lots allowed in the applicable zoning district. Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP, SM January 22,2004 Page 9 Noir b: ACCESS:All lots shall provide access to a public street or to a public street by means of an access easement or other recorded instrument approved by the City.New public roads shall be provided for lot access where determined to be appropriate and necessary. c: DEDICATION STATEMENT:Where lands are required or proposed for dedication,the applicant shall provide a dedication statement and acknowledgement on the binding site plan. d: ADEQUATE PROVISION OF UTILITIES: Each parcel created by the binding site plan shall have access to water supply, sanitary sewer,and utilities by means of direct access,access easement, or supporting document approved by the City. e: REQUIRED IMPROVEMENTS:Required improvements shall be provided for,either by actual construction or a construction schedule approved by the City and bonded by the applicant.The Administrator may also authorize the phasing of installation of improvements provided any delay in satisfying requirements will not adversely impact public health, safety,or welfare. f: SHARED CONDITIONS:The Administrator may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan.Conditions of use,maintenance and restrictions on redevelopment of shared open space,parking,access and other improvements shall be identified on the binding site plan and enforced by covenants,easements or other similar mechanisms. 2. The 13 lots all meet the minimum 35,000 square feet required for development in the IL zone. There are no density limitations in the zone. 3. , The applicant has arranged a series of internal easements to provide access to the interior lots. Some of the easements are only 24 feet wide and will have to meet the minimum 26-foot width required by code. At this time,the eastern access is not considered acceptable for Fire Department emergency access. A second means of access or some other method of access will be required and any solution will need approval of the Fire Department. 4. The applicant will be dedicating two 40 foot wide tracts on either side of Springbrook Creek for the development of a trail and open space system. This will require a dedication statement of the proper form. 5. Utility lines are shown providing service to each of the 13 lots. What is not shown are easements that allow the lines and provisions for serving those interior lines. The applicant will have to create appropriate easements for utility lines. 6. The applicant will have to provide appropriate fire flow to the site and all interior roadway easements must be installed prior to building construction to allow appropriate emergency response. 7. Since roads and utility lines will be over private land in easement corridors,there will need to be an agreement allowing cross access and service access. Also maintenance responsibility will need to be defined. Covenants,Conditions and Restrictions will be reviewed by the City Attorney. 8. In conclusion,the Binding Site Plan(property division)and Site Plan, appear reasonable and should be approved subject to a number of conditions enumerated below. Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM January 22,2004 Page 10 err, DECISION: The Binding Site Plan and Building Site Plan are approved subject to the following conditions: 1. The applicant shall comply with the conditions imposed by the ERC. 2. The applicant shall incorporate the required landscape width of 10%of lot depth and plant materials along the Oakesdale Ave. SW street frontage for Tract B. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final binding site plan. 3. The applicant shall gate and shall provide signage for one of the drives within El to allow for emergency vehicle access only and one driveway within Lot E2 shall be removed. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to the issuance of construction/building permits for these subject lots. The applicant and City,with Fire Department approval shall determine which driveway to close and may alter the spacing of the driveways in the eastern parcel. 4. The applicant shall place a dedication statement on the face of the binding site plan stating that Tracts E an F will be dedicated to the City of Renton for trail purposes. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final binding site plan. Name 5. The applicant shall identify and label the location of all utility and access easements provided to each lot on the binding site plan. The satisfaction of this requirement is subject to the review and approval of the Development Services Project Manager prior to recording of the final binding site plan. 6. The applicant shall place and record the following on the face of the binding site plan. Maintenance Provision: The owners of the lots created herein have the right to enter any easement located within other parcels in order to inspect and/or repair existing common private utility and access improvements. 7. All roadway/access easements shall be a minimum of 26 feet wide 8. The applicant shall provide a second means of access or other method of access or emergency protection to the complex of five lots east of Springbrook Creek subject to review and approval by the Fire Department. 9. Each lot shall have its own complement of parking or a shared parking agreement shall be necessary. 10. The applicant shall meet code mandated landscaping provisions for perimeter landscaping,interior parking landscaping and Green River Valley landscaping. 11. The City shall reserve the right to restrict a driveway or driveways to right-in and right-out movements. *owe 12. The City shall determine appropriate language to inform all parties of the potential for ground liquefaction during earthquake events. Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM January 22,2004 Page 11 .44.04 ORDERED THIS 22°'day of January,2004. FRED J.KAUF‘AN HEARING EXAMINER TRANSMI 11 ED THIS 22t day of January,2004 to the parties of record: Susan Fiala Kayren Kittrick Robert Wells 1055 S Grady Way 1055 S Grady Way Lance Mueller&Assoc. Renton,WA 98055 Renton,WA 98055 130 Lakeside,Ste.250 Seattle,WA 98122 Daniel K.Balmelli,P.E. Barghausen Engineers 18215 72nd Avenue South Kent,WA 98032 TRANSMI I"1'ED THIS 22h day of January,2004 to the following: Mayor Kathy Keolker-Wheeler Gregg Zimmerman,Plan/Bldg/PW Admin. Members,Renton Planning Commission Neil Watts,Development Services Director Larry Rude,Fire Marshal Alex Pietsch,Econ.Dev.Administrator Lawrence J.Warren,City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Chief Administrative Officer Utilities System Division Julia Medzegian,Council Liaison Jennifer Henning,Development Services Janet Conklin,Development Services Holly Graber,Development Services King County Journal Pursuant to Title IV,Chapter 8,Section 100Gof the City's Code,request for reconsideration must be filed in writing on or before 5:00 p.m.,February 5,2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8,Section 110,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. Oakesdale Commerce Center File No.LUA-03-089,SA-H,ECF,BSP,SM January 22,2004 Page 12 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. CITY OF RENTON COUNCIL AGENDA BII�LL AI#: ` ' £ ' Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Development Services Division March 14, 2005 Staff Contact Jan Illian, x-7216 Agenda Status Consent X Subject: Public Hearing.. Proposed ordinance amending RMC 9-10-11, City of Correspondence.. Renton Trench Restoration and Street Overlay Ordinance Requirements and Standard Details Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Trench Restoration Revisions List Information Trench Restoration and Street Overlay Requirements Ordinance Recommended Action: Approvals: Refer to Transportation/Aviation Committee Legal Dept X Finance Dept X Other 414101 Fiscal Impact: None Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Amend existing RMC 9-10-11, City of Renton Trench Restoration and Street Overlay Requirements and Standard Details,to establish guidelines for the restoration of City streets disturbed by installation of utilities and other construction activities. The policy will apply to any public or private utilities, general contractors,or others permitted to work in the public rights-of-way. STAFF RECOMMENDATION: Approve amendments to City Code for Trench Restoration and Street Overlay Requirements. • rktire H:/Division.s/Develop.ser/Admin/Temporary Docs/TRS Agenda PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMOR ANDUM DATE: March 1, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: ayor Kathy Keolker-Wheeler FROM: Gregg Zimmerman, Administrator SUBJECT: Trench Restoration and Street Overlay Standards Amendments ISSUE: The City of Renton Trench Restoration and Street Overlay Standards were last adopted by ordinance in September 2000. From time to time amendments to this ordinance have been developed in order to correct problems encountered with its implementation since its original adoption. RECOMMENDATION: Council concur with the proposed revisions to the Trench Restoration and Street Overlay Standards. Staff further recommends that Council approve the ordinance adopting the revised standards. BACKGROUND SUMMARY: Over the past four years, staff has experienced a number of issues related to enforcement and implementation of the Trench Restoration and Overlay Standards. City staff formed a design team over a year ago to address these issues. The design team evaluated the standards from the standpoint of fairness and ease of implementation. The changes made were primarily text clarification to provide clear direction to developers and contractors. The second area evaluated was the fairness standard. In the original standard adopted in 2000, a requirement for what was known as a super patch was included. The intent and purpose of this patch standard was to address previous issues the City had with patch quality, especially within newly paved roadways. As this new standard was implemented, two major __we_ issues came to our attention. First, the cost of this level of patching was excessive for the benefit received,especially for smaller applications such as side sewer patches. Second, although we H:/Division.s/Develop.ser/Admin/Temporary Docs/TRS Issue Paper Trench Restoration and Street Overlay Standards Amendments February 23,2005 Page 2 have seen an overall increase in the quality of patching in the City, Management believes this is mostly due to closer inspection and assurance of quality work by the contractor versus the additional size of the patch. The amended standard retains the intent to ensure that high quality patches are installed as part of work performed on our roadways, while also establishing a standard that requires a level of repairs more proportionate to the actual damage to the pavement. It also retains the requirement to overlay lanes that are affected by construction when it caused damage to a high percentage of that lane. Of equal importance, the standard has been revised to provide better direction to the developer and contractor to assure our inspectors can effectively enforce the standard across the board. CONCLUSION: Staff recommends amending the Trench Restoration and Street Overlay Standard and approval of the ordinance adopting the revised standards. The Standard provides clearer direction for requirements by the City in restoring existing roadways. The Standard also ensures that our roadways are restored in a high quality manner, while at the same time not being overly burdensome on the developer or contractor. cc: Kayren Kittrick,Development Engineering Supervisor Mike Stenhouse,Maintenance Services Director Neil Watts,Development Services Director H:/Division.s/Develop.ser/Admin/Temporary Docs/TRS Issue Paper TRENCH RESTORATION REVISIONS 2005 1. Eliminated super patch in new streets and new Replaced with lane-to-lane overlays. overlays. Was curb to curb. 2. Removed specific street classifications/zoning Provide uniform standards for all city streets within all re•uirements. zones. 3. Section 2. Defined "Engineer"as City project Added inspector. mana_er, elan reviewer or desi: ated re.resentative. a � r 4. No written specifications called out for paving. Added specification for asphalt paver and Layton Box. 5. Standards were confusing and difficult to interpret Simplified and clarified standards by modifying and and to implement. removing unnecessary and redundant text. loapi 6. Standards called out one and half inches(1.5")of Increased depth of asphalt patch to two inches(2"). asphalt for patches and two inches(2")of asphalt for overlays. 7.New streets and overlays had to be tracked for 5 New standard eliminates tracking and mapping. years 8. No potholing language Added potholing section Trench Restoration and Street Overlay Requirements `SY 00e CITY OF RENTON TRENCH RESTORATION AND STREET OVERLAY REQUIREMENTS SECTION 1 PURPOSE The purpose of this code section is to establish guidelines for the restoration of City streets disturbed by installation of utilities and other construction activities. Any public or private utilities, general contractors,or others permitted to work in the public right-of-way will adhere to the procedures set forth in this policy. SECTION 2 DEFINITIONS Engineer: The term engineer shall denote the City project manager, inspector and/or plan reviewer, or their designated representative. SECTION 3 HOURS OF OPERATIONS Hours for work within the roadway for asphalt overlays or trench restoration shall be as directed by the Traffic Control Plan requirements and as approved by the Traffic Operations Engineer. SECTION 4 APPLICATION 1. The following standards shall be followed when doing trench or excavation work within the paved portion of any City of Renton right-of-way. 2. Modifications or exemptions to these standards may be authorized by the Planning/Building/Public Works Administrator, or authorized representative, upon written request by the permittee, their contractor or engineer and demonstration of an equivalent alternative. SECTION 5 INSPECTION The Engineer may determine in the field that a full street-width (edge-of-pavement to edge-of-pavement)overlay is required due to changes in the permit conditions such as,but not limited to the following: 1. There has been damage to the existing asphalt surface due to the contractors equipment. 2. The trench width was increased significantly or the existing pavement is undermined or damaged. 3. Any other construction related activities that require additional pavement restoration. SECTION 6 CITY OF RENTON STANDARDS 1. All materials and workmanship shall be in accordance with the City of Renton Standard and Supplemental Specifications (current adopted version) except where otherwise noted in these Standards. Materials and e workmanship are required to be in conformance with standards for the Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Chapter of the American Public Works Association (APWA)and the Washington State Department of Transportation (WSDOT)and shall comply with the most current edition,as modified by the City of Renton Supplemental Specifications. 1 An asphalt paver shall be used in accordance with Section 5-04.3(3)of Standard Specifications. A"Layton Box"or equal may be used in place of the power-propelled paver. Rollers shall be used in accordance with visid Section 5-04.3(4)of the Standard Specifications. `Plate Compactors"and"Jumping Jacks" SHALL NOT be used in lieu of rollers. 2. Trench backfill and resurfacing shall be as shown in the City of Renton Standard Details, unless modified by the City Permit. Surfacing depths shown in the Standard Details are minimums and may be increased by the Engineer to meet traffic loads or site conditions. SECTION 7 REQUIREMENT FOR PATCHING,OVERLAY,OVERLAY WIDTHS All trench and pavement cuts shall be made by sawcut or by grinding. Sawcuts or grinding shall be a minimum of one foot (1')outside the trench width. The top two inches(2")of asphalt shall be ground down to a minimum distance of one foot(1') beyond the actual outside edges of the trench and shall be replaced with two inches (2") of Class B asphalt, per City of Renton Standards. At the discretion of the engineer,a full street width overlay may be required. Lane-width or a full street-width overlay will be determined based upon the location and length of the proposed trench within the roadway cross-section. Changes in field conditions may warrant implementation of additional overlay requirements. 1. Trenches(Road Crossings): a. The minimum width of a transverse patch(road crossing)shall be six and one-half feet(6.5'). See City of Renton Standard Plan Drawing#HR—23(SP Page: H032A). b. Any affected lane will be ground down two inches(2")and paved for the entire width of the lane. c. Patch shall be a minimum of one foot(1') beyond the excavation and patch length shall be a minimum of an entire traveled lane. d. If the outside of the trenching is within three feet(3')of any adjacent lane line,the entire adjacent traveled lane affected will be repaved e. An area including the trench and one foot(1')on each side of the trench but not less than six and one half feet (6.5') total for the entire width of the affected traveled lanes will be ground down to a depth of two inches(2").A two-inch(2")overlay of Class B asphalt will be applied per City standards. 2. Trenches Running Parallel With the Street: a. The minimum width of a longitudinal patch shall be four and one-half feet (4.5'). See City of Renton Standard Plan Drawing #HR-05(SP Page H032). b. If the trenching is within a single traveled lane,an entire lane-width overlay will be required. c. If the outside of the trenching is within three feet(3')of any adjacent lane line,the entire adjacent traveled lane affected will be overlaid. d. If the trenching is greater than,or equal to 30%of lane per block(660-foot maximum block length),or if the total patches exceed 12 per block,then the lanes affected will be overlaid. Minimum overlay shall include all vvird patches within the block section. 2 e. The entire traveled lane width for the length of the trench and an additional ten feet(10')at each end of the trench will be ground down to a depth of two inches (2"). A two-inch (2") overlay of Class B will be applied ,.,. per City standards. 3. Potholing: Potholing shall meet the same requirements as trenching and pavement restoration. Potholing shall be a minimum of one foot (1') beyond the excavation. All affected lanes will be ground down to a depth of two inches (2") and paved not less than six and one half feet (6.5') wide for the entire width of the lane. Potholes greater than five feet(5') in length,width or diameter shall be restored to trench restoration standards. In all cases, potholes shall be repaired per Renton Standard Plan # HRO5 (SP Page H032). Restoration requirements utilizing vactor equipment will be determined by the engineer. SECTION 8 PAVEMENT REMOVAL IN LIEU OF GRINDING The contractor in all cases can remove the pavement in the replacement area instead of grinding out the specified two inches (2") of asphalt. Full pavement replacement to meet or exceed the existing pavement depth will be required for the area of pavement removal. SECTION 9 TRENCH BACKFILL AND RESTORATION CONSTRUCTION REQUIREMENTS 1. Trench restoration shall be either by a patch or overlay method, as required and indicated on City of Renton Standard Plans#HR-05, HR-23,and HR-22(SP Pages#H032, H032A,and H033). 2. All trench and pavement cuts,which will not be overlaid, shall be made by sawcut or grinding. Sawcuts shall be a minimum of two feet(2')outside the excavated trench width. Nikwy 3. All trenching within the top four feet (4') shall be backfilled with crushed surfacing materials conforming to Section 4-04 of the Standard Specifications. Any trenching over four feet(4') in depth may use materials approved by the Engineer or Materials Lab for backfilling below the four-foot(4')depth. If the existing material (or other material) is determined by the Engineer to be suitable for backfill, the contractor may use the native material, except that the top six inches (6") shall be crushed surfacing top course material. The trench shall be compacted to a minimum ninety-five percent (95%) density, as described in Section 2-03 of the Standard Specifications. In the top six feet (6')of any trench,backfill compaction shall be performed in eight to 12-inch(8-12")lifts. Any trench deeper than six feet(6')may be compacted in 24-inch lifts,up to the top six-foot(6')zone. All compaction shall be performed by mechanical methods. The compaction tests may be performed in maximum four-foot (4') vertical increments. The test results shall be given to the Engineer for review and approval prior to paving. The number and location of tests required shall be determined by the Engineer. 4. Temporary restoration of trenches for overnight use shall be accomplished by using MC mix (cold mix), Asphalt Treated Base (ATB), or steel plates, as approved by the Engineer. ATB used for temporary restoration may be dumped directly into the trench, bladed out and rolled. After rolling, the trench must be filled flush with asphalt to provide a smooth riding surface. 5. Asphalt Concrete Class E or Class B shall be placed to the compacted depth as required and indicated on City of Renton Standard Plans #HR-05, HR-23, and HR-22 (SP Pages #H032, H032A, and H033) or as directed by the Engineer. The grade of asphalt shall be AR-4000W. The materials shall be made in conformance with Section 9- 02.1(4)of the Standard Specifications. 6. Tack coat shall be applied to the existing pavement at edge of saw cuts and shall be emulsified asphalt grade CSS- 1,as specified in Section 9-02.1(6)of the Standard Specifications.Tack shall be applied as specified in Section 5- 04 of the Standard Specifications. 3 7. Asphalt Concrete Class E or Class B, shall be placed in accordance with Section 5-04 of the Standard Specifications; except those longitudinal joints between successive layers of asphalt concrete shall be displaced laterally a minimum of twelve inches(12"), unless otherwise approved by the Engineer. Fine and coarse aggregate shall be in accordance with Section 9-03.8 of the Standard Specifications. All street surfaces, walks or driveways within the street trenching areas shall be feathered and shimmed to an extent that provides a smooth-riding connection and expeditious drainage flow for the newly paved surface. Feathering and shimming shall not decrease the minimum vertical curb depth below four inches(4")for storm water flow. The Engineer may require additional grinding to increase the curb depth available for storm water flow in areas that are inadequate. Shimming and feathering,as required by the Engineer, shall be accomplished by raking out the oversized aggregates from the Class B mix as appropriate. Surface smoothness shall be per Section 5-04.3(13)of the Standard Specifications. The paving shall be corrected by removal and repaving of the trench only. Asphalt patch depths will vary based upon the streets being trenched. The actual depths of asphalt and the work to be performed shall be as required and indicated on City of Renton Standard Plans#HR-05, HR-23,and HR-22(SP Pages#H032, H032A,and H033). Compaction of all lifts of asphalt shall be a minimum ninety-two percent(92%)of density as determined by WSDOT Test Method 705. The number of tests required shall be determined by the Engineer. Testing shall be performed by an independent testing lab with the results being supplied to the Engineer. Testing is not intended to relieve the contractor from any liability for the trench restoration. It is intended to show the inspector,and the City,that the restoration meets these specifications. 8. All joints shall be sealed using paving asphalt AR-4000W. 9. When trenching within the unpaved roadway shoulder(s), the shoulder shall be restored to its original condition, or Ntamoi better. 10. The final patch or overlay shall be completed as soon as possible and shall not exceed fifteen (15) working days after first opening the trench. This time frame may be adjusted if delays are due to inclement paving weather or other adverse conditions that may exist. However, delaying of final patch or overlay work is subject to the Engineer's approval. The Engineer may deem it necessary to complete the work within the fifteen(15)working day time frame and not allow any time extension. Should this occur,the Contractor shall perform the necessary work, as directed by the Engineer. 11. A City of Renton temporary Traffic Control Plan (from Renton Transportation Engineering) shall be submitted and approved by the Engineer a minimum of three(3)working days prior to commencement of work. SECTION 10 REMOVAL OF UTILITY LOCATE MARKINGS FROM SIDEWALKS REQUIRED The Permittee will be required to remove utility locate marks on sidewalks only within the Downtown Core Area. The permittee shall remove the utility locate marks within 14 days of job completion. 4 LANE LINE MARKING 7'-8" STANDARD VEHICLE WHEEL PATH ' I 4.5 ► MIN. L ,_11 ACP CLASS* MIN. MIN. 6" CRUSHED SURFACING 2" CLASS 'B' TOP COURSE 2" SAWCUT AND REMOVE EDGE OF PAVEMENT, OR GRIND, SEAL WITH EDGE OF CURB & GUTTER, AR4000W OR CENTER OF LANE LINE [*-- 2.5' MIN. CRUSHED ROCK, FLOWABLE FILL OR AS REQUIRED BY ENGINEER *MINIMUM ACP CLASS 'E' or 'B' SHALL BE: PRINCIPAL/MINOR/COLLECTOR ARTERIAL STREETS & INDUSTRIAL ACCESS STREETS — 6" ACP CLASS 'E' or 'B'. RESIDENTIAL ACCESS STREETS — 2" ACP CLASS 'E' or 'B'. NOTE: UPON REQUEST OF ENGINEER, NEW ROADWAY PAVEMENT SECTION MAY BE DESIGNED USING AN APPROVED METHOD FOR TYPICAL LONGITUDINAL PATCH AND OVERLAY DETERMINING PAVEMENT THICKNESS. FOR FLEXIBLE PAVEMENT Noe GtiT p, ADOPTED QTY OF RENTON STANDARD PLANS 41\11° LST DATE:02/2005 02/2005 MODIFIED NOTES DCV DC 07/2004 MODIFIED NOTES DCV DATE REVISION BY PR'D cz DWG. NAME: HR-05 SP PAGE:HO32 1' 1' _ 2.5' , 1' 1' MIN MIN MIN MIN MIN 4.1 10. It 4 2" CLASS `B' ��''CFACE OF CURB OR 140 . EDGE OF PAVEMENT woo, CENTER LINE OR *2" TO 6" CLASS E ♦���J1�♦� LANE LINE OR CLASS 'B' �4���♦� 410' 6.5' MIN. 2" DEPTH OF GRIND OR SAWCUT AND REMOVE 6.5' MIN. - 1' 1' 2.5' -.-]MINMIN 1' 1' MIN IMIN f MIN Mai 2" CLASS 'B' `;` � ,� ACP CLASS* 11. 6" CRUSHED SURFACING TOP COURSE CRUSHED ROCK, FLOWABLE FILL OR AS REQUIRED BY ENGINEER TYPICAL TRANSVERSE PATCH * FOR MINIMUM STANDARDS, SEE DWG# HR-05, FOR FLEXIBLE PAVEMENT SP PAGE H032 GtiZY 0 ADOPTED CITY OF RENTON 6 -- - $ STANDARD PLANS �N`� 02/2005 MODIFIED NOTES DCV LST DATE:02/2005 07/2004 MODIFIED NOTES DCV CZ DATE REVISION BY APPR'D DWG. NAME: HR-23 SP PAGE:H032A • ASPHALT CONCRETE OVERLAY SAW CUT SHALL BE VERTICAL 2" MIN. AND IN STRAIGHT LINES AS CEMENT DIRECTED BY THE ENGINEER REMOVE LOOSENEDTRIM CONCRETE EXISTING CONCRETE ASPHALTj , ,//' VERTICALLY PAVEMENT o 3�4"DIA. X 12" LONG DOWEL 6 MIN EPOXY ALL FCOATEDOUR SIDESDOWE L BARS - EP BAR 0 18" ON CENTER 6' EXISTING I EXISTING RIGID BASE' MIN. • ;- ' J 12" F� — ,, COMPACTED TRENCH BACKFILL COMPACTED CRUSHED SURFACING AS DIRECTED BY THE ENGINEER TOP COURSE. CUT AND PANEL REPLACEMENT DETERMINATION: FULL CEMENT CONCRETE PANEL REPLACEMENT: FOR CEMENT CONCRETE SURFACE STREETS, THE MINIMUM RESTORATION SHALL BE FULL PANEL REPLACEMENT, IF ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST: Less thon ten (10) yrs old Ten (10) yrs or older Additionol Requirements Locol Access without Bus Route No No Local Access with Bus Yes Yes Route Intersection (AllYes Yes Plus one ponel beyond Streets) the curb return 402: Removol Yes Yes Excellent Condition (based on visuol and/or Yes Yes non-destructive testing) Principol, Minor, Yes, If twenty-four (24) Yes, If twenty-four (24) Collector Arterio) and squore feet or more of square feet or more of oll streets in CBD and ony pone! needs to be any ponel needs to be oll bus route patched patched *CDF BACKFILL MAY BE USED IN LIEU OF RESTORING EXISTING RIGID BASE AT THE DISCRETION OF THE ENGINEER. TYPICAL PATCH FOR RIGID PAVEMENT PAVEMENT PATCHING ��rr✓ AND RESTORATION DETAIL tiZ Y p ADOPTED 7 CITY OF RENTON f ASTANDARD PLANS ` LS? DATE_12/96 In.-TrI DR/mink' Iav LPPP'J DWG. NAME: HR-22 SP PAGE:H033__ CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 9-10-11 OF CHAPTER 10, STREET EXCAVATIONS, OF TITLE IX, PUBLIC WAYS AND PROPERTY, OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY REVISING TRENCH RESTORATION AND STREET OVERLAY REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 9-10-11 of Chapter 10, Street Excavations, of Title IX, Public Ways and Property, of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: TRENCH RESTORATION AND STREET OVERLAY REQUIREMENTS A. Purpose: The purpose of this code section is to establish guidelines for the restoration of City streets disturbed by installation of utilities, and other construction activities. Any public or private utilities, general contractors, or others permitted to work in the public right-of-way will adhere to the procedures set forth in this policy. B. Definition: Engineer: The term engineer shall denote the City project manager, inspector and/or plan reviewer, or their designated representative. C. Application: The following standards in this Section shall be followed when doing trench or excavation work within the paved portion of any City of Renton right-of-way. Modifications or exemptions to these standards may be authorized by the Planning/Building/Public Works Administrator, or authorized representative, upon written 1 ORDINANCE NO. request by the permittee, the permittee's contractor or engineer, and demonstration of an 14110, equivalent alternative. D. Hours of Operations: Hours for work within the roadway for asphalt overlays or trench restoration shall be as directed by the Traffic Control Plan requirements and as approved by the Traffic Operations Engineer. E. Inspection: The Engineer may determine in the field that a full street-width (edge-of- pavement to edge-of-pavement) overlay is required due to changes in the permit conditions such as,but not limited to the following: 1. There has been damage to the existing asphalt surface due to the contractor's equipment. 2. The trench width was increased significantly or the existing pavement is undermined, or damaged. err, 3. Any other construction related activities that require additional pavement restoration. F. City of Renton Standards: All materials and workmanship shall be in accordance with the City of Renton Standard and Supplemental Specifications (current adopted version) except where otherwise noted in these Standards. Materials and workmanship are required to be in conformance with standards for the Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Chapter of the American Public Works Association (APWA) and the Washington State Department of Transportation (WSDOT) and shall comply with the most current edition, as modified by the City of Renton Supplemental Specifications. *ire 2 ORDINANCE NO. 1. An asphalt paver shall be used in accordance with Section 5-04.3(3) of Standard Specifications. A "Layton Box" or equal may be used in place of the power-propelled paver. Rollers shall be used in accordance with Section 5-04.3(4) of the Standard Specifications. `Plate Compactors"and"Jumping Jacks"SHALL NOT be used in lieu of rollers. 2. Trench backfill and resurfacing shall be as shown in the City of Renton Standard Details, unless modified by the City Permit. Surfacing depths shown in the Standard Details are minimums and may be increased by the Engineer to meet traffic loads or site conditions. 3. Requirement For Patching, Overlay, and Overlay Widths: All trench and pavement cuts shall be made by sawcut or by grinding. Sawcuts or grinding shall be a minimum of one foot (1') outside the trench width. The top two inches (2") of asphalt shall be ground down to a minimum distance of one foot (1') beyond the actual outside edges of the trench and shall be replaced with two inches (2") of Class B asphalt, per City of Renton Standard Plan#HR- 23 (SP Page H032A). At the discretion of the engineer, a full street width overlay may be required. Lane-width or a full street-width overlay will be determined based upon the location and length of the proposed trench within the roadway cross-section. Changes in field conditions may warrant implementation of additional overlay requirements. a. Trenches (Road Crossings): (1) The minimum width of a transverse patch (road crossing) shall be six and one-half feet (6.5'). See City of Renton Standard Plan Drawing #HR-23 (SP Page: H032A). (2) Any affected lane will be ground down two inches (2") and paved for the entire width of the lane. 3 ORDINANCE NO. (3) The patch shall be a minimum of one foot (1') beyond the excavation and patch length shall be a minimum of an entire traveled lane. (4) If the outside of the trenching is within three feet (3') of any adjacent lane line, the entire adjacent traveled lane affected will be repaved. (5) An area including the trench and one foot (1') on each side of the trench but not less than six and one half feet (6.5') total for the entire width of the affected traveled lanes will be ground down to a depth of two inches (2"). A two-inch (2") overlay of Class B asphalt will be applied per City standards. b. Trenches Running Parallel with the Street: (1) The minimum width of a longitudinal patch shall be four and one- half feet(4.5'). See City of Renton Standard Plan Drawing#HR-05 (SP Page H032). (2) If the trenching is within a single traveled lane, an entire lane width overlay will be required. (3) If the outside of the trenching is within three feet (3') of any adjacent lane line,the entire adjacent traveled land affected will be overlaid. (4) If the trenching is greater than, or equal to 30% of lane per block (660 foot maximum block length), or if the total patches exceed 12 per block, then the lanes affected will be overlaid. Minimum overlay shall include all patches within the block section. (5) The entire traveled lane width for the length of the trench and an additional ten feet (10') at each end of the trench will be ground down to a depth of two inches (2"). A two-inch(2") overlay of Class B will be applied per City standards. 4 ORDINANCE NO. c. Potholing - Pot holing shall meet the same requirements as trenching and pavement restoration. Potholing shall be a minimum of one foot (1') beyond the excavation. All affected lanes will be ground down to a depth of two inches (2") and paved not less than six and one half feet (6.5') wide for the entire width of the lane. Potholes greater than five feet (5') in length, width or diameter shall be restored to trench restoration standards. In all cases potholes shall be repaired per Renton Standard Plan #HR05 (SP Page H032). Restoration requirements utilizing vactor equipment will be determined by the engineer. 4. Pavement Removal In Lieu Of Grinding: The contractorin all cases can remove the pavement in the replacement area instead of grinding out the specified two inches (2") of asphalt. Full pavement replacement to meet or exceed the existing pavement depth will be required for the area of pavement removal. 5. Trench Backfill and Restoration Construction Requirements: Nkfiroi a. Trench restoration shall be either by a patch or overlay method, as required and indicated on City of Renton Standard Plans #HR-05, HR-23, and HR-22 (SP Pages #H032,H032A, and H033). b. All trench and pavement cuts, which will not be overlaid, shall be made by sawcut or grinding. Sawcuts shall be a minimum of two feet (2') outside the excavated trench width. c. All trenching within the top four feet (4') shall be backfilled with crushed surfacing materials conforming to Section 4-04 of the Standard Specifications. Any trenching over four feet (4') in depth may use materials approved by the Engineer or Materials Lab for backfilling below the four-foot(4')depth. 5 ORDINANCE NO. If the existing material (or other material) is determined by the Engineer to be suitable for backfill, the contractor may use the native material except that the top six inches (6") shall be crushed surfacing top course material. The trench shall be compacted to a minimum ninety-five percent (95%) density, as described in Section 2-03 of the Standard Specifications. In the top six feet (6') of any trench, backfill compaction shall be performed in 8 to 12-inch lifts. Any trench deeper than six feet (6') may be compacted in 24 inch lifts, up to the top six-foot (6') zone. All compaction shall be performed by mechanical methods. The compaction tests may be performed in four-foot (4') vertical increments maximum. The test results shall be given to the Engineer for review and approval prior to paving. The number and location of tests required shall be determined by the Engineer. d. Temporary restoration of trenches for overnight use shall be accomplished by using MC mix (cold mix), Asphalt Treated Base (ATB), or steel plates, as approved by the Engineer. ATB used for temporary restoration may be dumped directly into the trench, bladed out and rolled. After rolling, the trench must be filled flush with asphalt to provide a smooth riding surface. e. Asphalt Concrete Class E or Class B shall be placed to the compacted depth as required and indicated on City of Renton Standard Plans #HR-05, HR-23, and HR-22 (SP Pages #H032, H032A, and H033) or as directed by the Engineer. The grade of asphalt shall be AR-4000W. The materials shall be made in conformance with Section 9-02.1(4) of the Standard Specifications. 6 ORDINANCE NO. f. Tack coat shall be applied to the existing pavement at edge of saw cuts and shall be emulsified asphalt grade CSS-1, as specified in Section 9-02.1(6) of the Standard Specifications. Tack shall be applied as specified in Section 5-04 of the Standard Specifications. g. Asphalt Concrete Class E or Class B shall be placed in accordance with Section 5-04 of the Standard Specifications; except those longitudinal joints between successive layers of asphalt concrete shall be displaced laterally a minimum of twelve inches (12"), unless otherwise approved by the Engineer. Fine and coarse aggregate shall be in accordance with Section 9-03.8 of the Standard Specifications. All street surfaces,walks or driveways within the street trenching areas shall be feathered and shimmed to an extent that provides a smooth-riding connection and expeditious drainage flow for the newly paved surface. Feathering and shimming shall not decrease the minimum vertical curb depth below four inches (4") for storm water flow. The Engineer may require additional grinding to increase the curb depth available for storm water flow in areas that are inadequate. Shimming and feathering as required by the Engineer shall be accomplished by raking out the oversized aggregates from the Class B mix as appropriate. Surface smoothness shall be per Section 5-04.3(13) of the Standard Specifications. The paving shall be corrected by removal and repaving of the trench only. Asphalt patch depths will vary based upon the streets being trenched. The actual depths of asphalt and the work to be performed shall be as required and indicated on City of Renton Standard Plans #HR-05, HR-23, and HR-22 (SP Pages#H032,H032A, and H033). 7 ORDINANCE NO. Compaction of all lifts of asphalt shall be a minimum ninety-two percent (92%) of Nissow density as determined by WSDOT Test Method 705. The number of tests required shall be determined by the Engineer. Testing shall be performed by an independent testing lab with the results being supplied to the Engineer. Testing is not intended to relieve the contractor from any liability for the trench restoration. It is intended to show the inspector, and the City, that the restoration meets these specifications. h. All joints shall be sealed using paving asphalt AR-4000W. i. When trenching within the unpaved roadway shoulder(s), the shoulder shall be restored to its original condition, or better. j. The final patch shall be completed as soon as possible and shall not exceed fifteen (15) working days after first opening the trench. This time frame may be adjusted if delays are due to inclement paving weather or other adverse conditions that may exist. However, delaying of final patch or overlay work is subject to the Engineer's approval. The Engineer may deem it necessary to complete the work within the fifteen (15) working day time frame and not allow any time extension. Should this occur, the Contractor shall perform the necessary work, as directed by the Engineer. k. A City of Renton Temporary Traffic Control Plan (from Renton Transportation Engineering) shall be submitted and approved by the Engineer a minimum of three(3)working days prior to commencement of work. 44000, 8 ORDINANCE NO. 6. Removal of Utility Locate Markings from Sidewalks Required: The Permittee .4400 will be required to remove utility locate marks on sidewalks only within the Downtown Core Area. The permittee shall remove the utility locate marks within 14 days of job completion. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler,Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1130:2/14/05:ma 9 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Planning/Building/Public Works For Agenda of: March 14, 2005 Dept/Div/Board.. Development Services Division Staff Contact Mike Dotson X7304 Agenda Status Consent X Subject: Public Hearing.. Elle Rain Final Plat Correspondence.. File Number: LUA 04-144 FP (Preliminary Plat LUA Ordinance 02-047) Resolution X Old Business Exhibits: New Business 1. Resolution and legal description- Study Sessions 2. Staff report and Recommendation Information Recommended Action: Approvals: Council Concur Legal Dept X 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 recommendation for approval of the referenced final plat is submitted for Council action. This final plat subdivides 1.78 acres into 10 single-family residential lots with sanitary sewer, storm drainage, street lighting, curb and gutter, sidewalks and street improvements. Design and construction of utilities, lighting and pavement will be approved, accepted or deferred (and a security device posted) as required through the Board of Public Works prior to recording the plat. All conditions placed on the preliminary plat by the City of Renton will be met prior to recording the plat. STAFF RECOMMENDATION: Approve the Elle Rain Final Plat, LUA 04-144FP, with the following conditions and adopt the resolution. 1. All plat fees shall be paid prior to recording the plat. 2. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to recording the plat. C:\Documents and Settings\mdotson\Desktop\AGNBHPII2.doc/ CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT(ELLE RAIN; FILE NO. LUA-04-144FP). WHEREAS, a petition for the approval of a fmal plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department;and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest;and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school;and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The fmal plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate,to wit: See Exhibit"A"attached hereto and made a part hereof as if fully set forth Now 1 RESOLUTION NO. (The property, consistinof approximately 1.78 acres, is located in the vicinity of the 3400 block of NE lr Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions,and recommendation of the Planning/Building/Public Works Department dated January 31,2005. PASSED BY THE CITY COUNCIL this day of ,2005. Bonnie I. Walton,City Clerk APPROVED BY THE MAYOR this day of ,2005. Kathy Keolker-Wheeler,Mayor Approved as to form: Lawrence J. Warren,City Attorney RES.1094:2/8/05:ma NIS 2 • EXHIBIT"A" Legal Description Parcel A: Lot A of City of Renton Lot Line Adjustment No. LUA-03-032LLA, recorded under Recording No. 20030707900006,records of King County,Washington. Parcel B: Lot B of City of Renton Lot Line Adjustment No.LUA-03-032LLA,recorded under Recording No_ 20030707900006,records of King County, Washington. *toe *rr►° Order Number:362943 T' NE 17TH PL Q NE 17TH ST o w c i � Q 0 Lu *4400 deo W z 0 VICINITY MAP +%se DEVELOPMENT SERVICES DIVISION BULIDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Jeff Rieker/Patricia L.Wilson Elle Rain Final Plat (Preliminary Plat LUA 02-047) File: LUA 04-144 FP LOCATION: 3316 and 3420 NE 17th Street. Section 4.Twp.23 N. Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 10 single family residential lots with sewer, storm, streets,and lighting RECOMMENDATION: Approved With Conditions Findings,Conclusions and Recommendations: lirre Having reviewed the record documents in this matter,staff now makes and enters the following: FINDINGS: 1. The Applicant, Jeff Rieker and Patricia Wilson, filed a request for approval of a 10 lot Final Plat. 2. The yellow file containing all the staff reports, State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non-Significance(DNS-M). 4. All departments,with an interest in the matter,reviewed the subject proposal. 5. The subject site is located at 3316 and 3420 NE 17th Place. The site is directly north and straddles Monroe Avenue NE if it were extended. 6. The subject site is approximately 1.78 Acres. 7. The Preliminary Plat received City of Renton Council approval on April 29,2003. 8. The property is located in the R-8 zone(residential—8 dwelling units/acre). 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The preliminary plat was subject to a number of conditions as a result of both the environmental review and plat review. The applicant has complied with the following conditions imposed by the ERC: 1. The applicant shall be required to limit site construction activities (clearing, grading, road and utility installation) during relatively dry months (April through October). If possible, site clearing and grading should be performed in stages, with successive stages not being cleared until erosion control measures of the previous stage are in place. • The applicant adhered to construction activities during the dry months of April through October. 2. The applicant shall install a silt fence along the down slope perimeter of the area that is to be disturbed. The silt fence shall be in place before clearing and grading is initiated, and shall be constructed in conformance with the specifications presented in the King County Surface Water Design Manual. This will be required during the construction of both off-site and on- site improvements as well as building construction. • Silt fence was installed along the down slope perimeter before clearing and grading of the site. 3. Shallow drainage swales shall be constructed to intercept surface water flow and route the flow away from the construction area to a stabilized discharge point. Vegetation growth shall be established in the ditch by seeding or placing sod. Depending on site grades, it may be necessary to line the ditch with rock to protect the ditch from erosion and to reduce flow rates. The design and construction of drainage swales shall conform to the specifications presented in the KCSWDM. Temporary pipe systems can also be used to convey stormwater across the site. This will be required during the construction of both off-site and on-site improvements as well as building construction. • The applicant adhered to construction of shallow drainage swale to intercept surface drainage. These features included in the temporary erosion control plan prepared exclusively for the site. 4. The project contractor shall perform daily review and maintenance of all erosion and sedimentation control measures at the site during the construction of both off-site and on- site improvements as well as building construction. • The contractor adhered to daily review and maintenance of temporary erosion control facilities. S. Weekly reports on the status and condition of the erosion control plan with any recommendations of change or revision to maintenance schedules or installation shall be submitted by the project Engineer of record to the public works inspector. Certification of the installation, maintenance and proper removal of the erosion control facilities shall be required prior to recording of the plat. • Weekly reports were provided to the City Inspector as required. 6. The applicant shall be required to design the project according to the 1998 King County Surface Water Design Manual Level 2 Flow Control. • The storm drainage was designed in accordance with the 1998 KC Surface Water Design Manual,Level 2. 7. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 per new single family lot with credit given for two existing residences. The fee shall be paid prior to the recording of the final plat. r err • The applicant is arranging for payment of the Fire Mitigation Fees. 8. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per each new average daily trip with the project with credit given for two existing residences. The fee shall be paid prior to the recording of the final plat. • The applicant is arranging for payment of the Traffic Mitigation Fees. 9. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single family lot with credit given for two existing residences. The fee shall be paid prior to the recording of the final plat. • The applicant is arranging for payment of the Parks Mitigation Fees. Hearing Examiner Conditions 1. A homeowner's association or maintenance agreement shall be created concurrently with the recording of the final plat in order to establish maintenance responsibilities for all shared improvements. A draft of the document(s), if necessary, shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to recording of the final plat. • The applicant has chosen the maintenance agreement instead of a homeowner's association. A note is placed on the face of the plat to cover this item. 2. New Lot 3 shall be required to utilize the 20 foot access/utility easement located on said lot for vehicular access to and from Monroe Ct. NE. This condition shall be noted on the face of the final plat. 44towrr • A note added to the final plat with respect to the easement across Lot 3 for the benefit of Lot 4. 3. The drainage easement located on Lot 7 shall be required to provide vehicular access to Lot 7 and Tract A. This condition shall be noted on the face of the final plat. • A note added to the final plat with respect to the easement across Lot 7 for vehicular traffic. 4. The applicant shall be required to install a split-rail fence or other approved barrier along the entire edge of the landscape easement(Recording#9108269012) located on Tract A and Lot 7 to denote the designated area prior to recording of the final plat. • There is no longer a landscape easement on the Title Report,thus a split rail fence is not required. 5. The applicant shall comply with the conditions imposed by the ERC. • The applicant complied with the conditions imposed by the ERC(see above). 6. Monroe Court NE shall be moved east to provide for a proper curb return and setback for the existing lot 1 of the Honey Creek Park development. Such alignment shall be done with staff approval. The applicant may consult with staff and determine the best use of the entrance property and whether a `gateway"entrance might best serve the purpose of the plat or whether land should be incorporated into Proposed Lot 9. • Monroe Court NE was designed to comply with this condition. This Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat with the following conditions: 1. All Plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 318`DAY OF JANUARY,2005 -7,4X cide DEVELOPMENT SERVICES DIVISION 1-4.1NE 17TH PL Q NE 17TH ST W 0 o � i � Q rt L4J /tie /NSE�T d�o z VICINITY MAP N I ELLE RAIN PLACE QUA-02-047-FP PORTION OF THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 LND- OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF REN TON, WASHINGTON I ri GRAPHIC SCALE Ns MI IMMO 11111111111•111M IIIII MI MI MEN MIIIMMIIMININIMMINIR (M 1615) 1 loci- 40 IL pz'T::' ,I;F. 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TOUMA ENGINEERS .............................n 7r910PLTADKC 7E* LANO SURVEYORS SHEET 3 OF 3 MAW M11O AMC AMC F-1A.MK MAIA.15 Mt S AN IOW Ag FA.fay IA... CITY OF RENTON COUNCIL AGENDA BILL AI#: g, €, SUBMITTING DATA: FOR AGENDA OF: March 14, 2005 Dept/Div/Board....Economic Development Staff Contact Alex Pietsch x6592 AGENDA STATUS: Consent X SUBJECT: Public Hearing Lodging Tax Advisory Committee Funding Recommendation for the Renton Visitors Connection Ordinance Resolution Old Business New Business EXHIBITS: Study Session Issue Paper Other Contract with Greater Renton Chamber of Commerce Renton Visitors Connection 2005 Tourism Marketing Plan(Exhibit A) Letter from Bill Taylor Draft Lodging Tax Advisory Committee Report RECOMMENDED ACTION: I APPROVALS: Refer to Finance Committee I Legal Dept X I Finance Dept X I Other FISCAL IMPACT: Expenditure Required....$ 116,000 Transfer/Amendment.... $16,000 increase in Fund 110 "Tourism"line item Amount Budgeted $ 100,000 Revenue Generated -0- SUMMARY OF ACTION: The City Council approve the Lodging Tax Advisory Committee recommendation to allocated$116,000 of Lodging Tax collections to the Renton Visitors Connection for its tourism marketing efforts. A$16,000 increase in the fund appropriation will be made in the November Clean-up Ordinance. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign a contract with the Greater Renton Chamber of Commerce for the Renton Visitors Connection 2005 tourism marketing plan and allocate Lodging Tax collections to fund the effort. CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: March 7, 2005 TO: Terri Briere,President Members of the Renton City Council VIA: ‘C' Kathy Keolker-Wheeler, Mayor FROM: ,0161Alex Pietsch, Administrator(x 6592) pc,/(/0 SUBJECT: Renton Visitors Connection Funding Issue: Should the City Council allocate Lodging Tax revenues to the Renton Visitors Connection, the group formerly known as the Renton Lodging Association, for tourism promotion? Recommendation: Recognize the successes of Renton Visitors Connection's tourism promotional efforts and fund the program's sixth full year of operation by allocating$116,000 in Hotel/Motel Tax collections to that end and authorize the Mayor and City Clerk to signs contracts with the Greater Renton Chamber of Commerce for management of the campaign. Background: In 1999,the Greater Renton Chamber of Commerce received Hotel/Motel Tax revenues for promotion of tourism-related activities in Renton. The Renton Lodging Association was born out of this effort. As a committee of the Chamber of Commerce, its membership is made up of 10 Renton hotels. By partnering together and pooling resources through this promotional effort,the Association has been able to enjoy additional successes. The Renton Lodging Association has put together successful promotional events by targeting and marketing to IKEA shoppers who come to Renton from the Portland-area, Eastern Washington residents coming over for Seattle Mariner and Seahawk games, and corporate representatives that book hotel rooms for their clients and employees. In 2003,the group changed its name to Renton Visitors Connection(RVC) and has embraced other groups that benefit from tourism-related activities. Under the new leadership of Chamber CEO Bill Taylor,the RVC regrouped in its planning for 2005, evaluating its annual program and redirecting its efforts with the hopes of higher .1,, impact and return. A complete summary of the 2005 Renton Visitors Connection tourism H:\EDNSP\Economic Development\Hotel-Motel Tax\Council Action-Agenda Bills and Issue Papers\2005\2005 RVC Funding Issue Paper.doc promotion campaign is attached. It is budgeted at just under$111,000. Mr. Taylor has made an additional one-time request for$5,000 to install a internet web camera on top of the ,41400/ Bristol Apartments at Southport. This device will allow internet browsers around the world to view the Renton shoreline via the Chamber website. It is envisioned that the City's website would provide a link to this camera as well. The Lodging Tax Advisory Committee is scheduled to meet March 10, 2005 to review these requests and is expected to recommendation that the City Council to authorize the allocation of$116,000 of lodging tax revenue to the Renton Lodging Association for its 2004 tourism marketing efforts. Attachments: Renton Visitors Connection 2005 Marketing Campaign and budget Greater Renton Chamber of Commerce contract Letter of March 3,2005 from Bill Taylor Lodging Tax Advisory Committee report Ntaid H:\EDNSP\Economic Development\Hotel-Motel Tax\Council Action-Agenda Bills and Issue Papers\2005\2005 RVC Funding Issue Paper.doc Greater BOARD OFRe n to n DIRECTORS , ictor Karpiak,Chair Chamber of Commerce First Savings Bank of Renton Steve Holman,Chair-Elect Holman Real Estate Services Kimberly Searing,Treasurer Shuttle Egress Jay Leviton,Business Development Division Renton School District Dave Hale CONSULTANT AGREEMENT Legislative/Transportation Division Windermere Real Estate Greg Taylor,Community THIS AGREEMENT is made as of the 1st day of March, 2005, between the CITY OF Development Division The Advanced Mortgage Group RENTON, a municipal corporation of the State of Washington, hereinafter referred to King Parker,Member as "CITY" and The Greater Renton Chamber of Commerce, a Washington Non-Profit Services Division Corporation, hereinafter referred to as "CONSULTANT", for their services related to King and Bunny's Appliances Renton Visitors Connection Tourism Marketing Campaign. All information shall be Ron Stroben,Past-Chair made available for use by the City of Renton Staff and City Council. Farmers Insurance Bjorn Bayley The CITY and CONSULTANT agree as set forth below: IKEA David Brumley 1. Scope of Services. The Consultant will rovide all labor necessaryto Merrill Lynch P P John Burak perform all work, which is described in the attached Scope of Services Sound Cash Flow (Exhibit A). This Agreement and Exhibit hereto contain the entire agreement Loogpla Cowden of the parties and supersedes all prior oral or written representation or E-ZAirporiParking understandings. This Agreement may only be amended by written agreement Shaunta Hyde of the parties. The scope of work may be amended as provided herein. The Boeing Company Sydney Johnson 2. Changes in Scope of Services. The City, without invalidating the Consultant Wizards of the Coast Agreement, may order changes in the services consisting of additions, Kirk Merrill deletions or modifications, and adjust the fee accordingly. Such changes in Merrill,Carlson&Company the work shall be authorized by written agreement signed by the City and Alex Pietsch Consultant. If the project scope requires less time, a lower fee will be City of Renton charged. If additional work is required, the consultant will not proceed without Bob Raphael a written change order from the City. If any provision of this Agreement is Service Linen Supply held to be invalid, the remainder of the Agreement shall remain in full force John Russell and effect to serve the purposes and objectives of this Agreement. New Horizon School David Smith 3. Time of Performance. The Consultant shall complete performance of the Valley Medical Center P Consultant Agreement for the items under Consultant's control in accordance Suzanne Thompsonre with Exhibit A. If items not under the Consultant's control impact the time of performance, the Consultant will notify the City. Bill Taylor President 4. Term of Consultant Agreement. The term of this Agreement shall end at completion of the scope of work identified in Exhibit A, but no later than 300 Rainier Ave.N. December 31, 2005. This Agreement may be extended to accomplish Renton,WA 98055 change orders, if required, upon mutual written agreement of the City and the 425.226.4560 Consultant. fax:425.226.4287 fo @ Sleoww.rentor-chamber.com RENTON 1 AHEAD OF THE CURVE 5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the sum of$111,000. Washington State Sales Tax is not required. The Cost Estimate provided by the Consultant to the City specifies total cost. 6. Method of Payment. Payment by the City for services rendered will be made after a voucher or invoice is submitted in the form specified by the City. Payment will be made within thirty (30) days after receipt of such voucher or invoice. The City shall have the right to withhold payment to the Consultant for any work not completed in a satisfactory manner until such time as the Consultant modifies such work so that the same is satisfactory. 7. Record Maintenance and Work Product. The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. The Consultant agrees to provide access to any records required by the City. All originals and copies of work product, exclusive of Consultant's proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to the City, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant the City the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8. Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without express written consent of the City of Renton. Nod 9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant's own employees, or damage to property caused by a negligent act or omission of the Consultant, except for those acts caused by or resulting from a negligent act or omission by the City and its officers, agents, employees and volunteers. It is specifically and expressly understood that the indemnification provided herein constitutes the consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Insurance. The Consultant shall secure and maintain commercial liability insurance in the amount of$1,000,000 in full force throughout the duration of this Consultant Agreement. A certificate of insurance shall be delivered to the City before executing the work of this agreement. The certificate shall name the City as an additional insured, on a separate page attachment. Please note: The cancellation language should read "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 45 days written notice to the certificate holder named to the left. 2 Niirse 12. Independent Contractor. Any and all employees of the Consultant, while engaged in the performance of any work or services required by the Consultant under this agreement, shall be considered employees of the Consultant only and not of the City. The Consultant's relation to the City shall be at all times as an independent contractor. Any and all claims that may or might arise under the Workman's Compensation Act on behalf of said employees, while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Consultant's employees, while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Consultant. 13. Compliance with Laws. The Consultant and all of the Consultant's employees shall perform the services in accordance with all applicable federal, state, county and city laws, codes and ordinances. This agreement is entered into as of the day and year written above. NSULTANT CITY OF RENTON Bit'7Y' President The Great Renton Chamber of Commerce Mayor Kathy Keolker- Wheeler, Mayor 300 Rainier Avenue N Renton, WA 98055 425-226-4560 APPROVED AS TO FORM: ATTEST: City Attorney Bonnie I. Walton, City Clerk '�Arw 3 EXHIBIT A Renton Visitors Connection - 2005 I. Objective To establish Renton as a visitor destination of choice within the Pacific Northwest and build awareness beyond and to demonstrate that a tourism sub-economy can provide direct and indirect benefits throughout Renton's diverse business community. II. Current Situation A. To date, the visitor marketing campaign has built a solid base that will enable an expanded and more aggressive marketing effort to have a reasonable chance of success. An analysis of the interrelationship of retail sales by SIC code, incoming toll free calls and web activity suggests that a more focused and basic marketing effort is in order. B. A series of meetings have been held with Visitor's Connection stakeholders and agreement was reached on: 1)Restructuring the RVC working group to a marketing committee 2) An expanded role for the Chamber 3)A back to basics approach to marketing Renton, and 4) Combining the Chamber and visitor web sites into one. III. 2005 Marketing Plan A. Brand/logo. The"Ahead of the Curve" campaign has been brilliant and has gone a long way toward altering the perceived stereotypical view of Renton held in the immediate Puget Sound market. Its relevance to what stimulates a potential visitors decision process is less clear. It is probable that an appropriate brand will ;w evolve through the planning and implementation phases of the 2005 tourism effort. B. Visitors Guide. An eight-panel visitors guide will be produced in order to have a presence in 2005, while we plan a larger and more complete publication for 2006. This guide will contain no advertising and will feature attractions, activities, and events and will include listings of the more obvious lodging,restaurant and retail Chamber members. Fifty thousand guides will be produced and they will be distributed on the Seattle/Bainbridge, the Vancouver/Victoria and Nanaimo/Vancouver ferry routes,with a combined ridership of 17,000,000. In addition the guide will be distributed in 350 Certified Brochure locations in the Vancouver, WA, Spokane,Yakima and Tri-Cities markets. C. Pocket Calendar. In an effort to stimulate revisits to Renton, we will produce 25,000 folded pocket calendars that will list all of the events that are open to the public and it will be distributed to lodging facilities, restaurants and major retailers for pick-up by visitors. D. Web. A project will be undertaken to combine the Chamber and Go-Renton web sites into a single, user friendly, complete, informative and appealing site. A site naming decision has yet to be made,but it must be relevant to both Chamber members and visitors. Promotion of the web site will occur in all marketing efforts to drive web traffic to our location. E. Media Advertising. 1.Print will include newspaper advertising for upcoming events, the Sound Crossing bi-monthly newsletter for ferry riders, featuring River Days and a '/4 page ad in the "Best of the West"which appears as a bound page in the National Geographic Travel Magazine and in Frommers Travel Magazine. The newspaper advertising will target I-5 and Northwest markets outside of the Everett to Tacoma markets. 2.Radio advertising is intended to "sell"the destination Renton concept,will not be dated and will target markets such as Portland, Salem,Vancouver WA, Bellingham and Spokane. F. Toll Free Telephone Number_The usage of the toll free number would suggest that its availability is not well known. It will be featured on all publications and in all advertising. G. Publicity,The State Department of Community Trade and Economic Development emails media leads to the tourism network. These leads are typically writers and producers of newspapers,magazines,radio and television looking for new and unique tourism fodder. It is up to each recipient to follow through but successful efforts lead to a high level of credible publicity and visitor response. This will be a significant part of our visitor attraction strategy. IV. Chamber involvement A. The recommendation for 2005 is for the Chamber President, Bill Taylor to perform most if not all of the functions normally assigned to a marketing e consultant,but at no charge to the budget. This will result in more dollars available for advertising and promotion and will establish accountability for new program implementation. B. Calandra Childers will be assigned the responsibility of publicity and media relations in order to gain the greatest amount of free exposure of Renton, its attractions and amenities to the broadest possible audience. C. Kathleen Keator will continue to provide staff support and sales activity relevant to an expanded tourism effort. D. It is proposed that the administration of the toll-free number be changed with all incoming calls terminated and handled at the Chamber office. The Chamber staff will respond to all requests for information and make lodging, dining, shopping, attraction and activity referrals based upon pre-set criteria. The Chamber will further maintain a lodging availability spread sheet that will be updated weekly. E. The lobby of the Chamber will be evaluated with probable additions and/or alterations to make it more visibly a visitor's center. The sign on the front of the Chamber building will be redone to include the words "&Visitors Center". V. Proposed Budget The proposed budget was developed based on meeting the objectives of the marketing scheme. The RVC Committee met and approved the budget for submission to the Chamber Board and if approved, on to the Lodging Tax Advisory Committee for consideration. The budget is based on January through December activity so with two months of the year behind it,the actual will be less. Nape 3/8/2005 2 Proposed RVC Budget 2005 Proposed Advertising Newspaper $40,000 Best of West $4,000 Production $5,000 Radio $12,000 Total advertising $61,000 Visitors Guide-8 panell50,000 Design $2,100 Printing $3,209 Freight $350 Distribution $4,721 Total Visitors Guide $10,380 Event pocket calendar $2,250 "Visitor Center" sign on Chamber front $1,000 Nod Web Development $10,000 Hosting $900 Maintenance $750 Total web $11,650 Chamber support Director(Kathleen Keator) $12,000 Misc. $3,169 Publicity/Media $3,500 Postage $400 Printing $500 Receptionist/referrals $2,250 Toll free number $2,500 Total Chamber $24,319 Total $110,599 3/8/2005 3 Greater BOARD OF Renton DIRECTORS VictorKarpiak,Chair Chamber of Commerce ° 1N1`st Savings Bank of Renton = «- Steve Holman,Chair-Elect Holman Real Estate Services Kimberly Searing,Treasurer March 3, 2005 Shuttle Express Jay Leviton,Business Development Division Mr. Alex Pietsch Renton School District City of Renton Dave Hale 1055 South Grady Way Legislative/Transportation Division Renton, WA 98055 Windermere Real Estate Greg Taylor,Community Dear Alex, Development Division The Advanced Mortgage Group King Parker,Member We request a one-time expenditure from the lodging tax reserve account,not to Services Division exceed$5,000.00,to purchase and install a web camera. The attached bid is for King and Bunny's Appliances Ron Stroben,Past-Chair $4,672.96 and the difference between that and the requested amount is to cover Farmers Insurance unanticipated expenses, if any.The camera would be placed on the roof of the Bjorn Bayley easternmost building in the Bristol Apartment complex and would focus primarily IKEA on Gene Coulon Park. The camera features include 340°pan,tilt,zoom and would David Brumley allow us to focus on areas from the swimming beach on the Southeast to the end of Merrill Lynch the runway on the West. A T-1 connection and 110 power are available within a John Burak short distance from thereferred roof location. The camera would be remotely Sound Cash Flow I� Loogpla Cowden controlled from the Chamber. Nikovr E-Z Airport Parking Shaunta Hyde A live web camera will give us the opportunity to showcase one of Renton's The Boeing Company greatest assets on the Chamber/Tourism web site and is expected to add greatly to Sydney Johnson the appeal of Renton as a visitor destination. In addition Chamber members can add Wizards of the Coast links to their web sites thereby enhancing the value of their own web presence. Kirk Merrill There are literallyhundreds of web sites worldwide that will allow us to list and link Merrill,Carlson&Company Alex Pietsch our web camera to their sites at no cost. City of Renton Bob Raphael Attached is: Service Linen Supply 1. An email copy from the contractor with pictures of the camera and John Russell mounting. New Horizon School 2. The sales order and contract offered by Ballard Security. David Smith 3. Factoryspecification sheets for the camera. Valley Medical Center Suzanne Thompson McLendon Hardware We are very excited about this prospect of enhancing Renton's presence on the worldwide web and the role it will play in selling Renton as a destination. Bill Taylor President Sincerely, 300 Rainier Ave.N. Renton,WA 98055 �= .� 425.226.4560 \11116; fax:425.226.4287 Bill Taylor,President r loerenton-chamber.com i, xw.renton-chamber.com RENTON AHEAD OF THE CURVE Bill Taylor From: Jeff Sandine[Jeff@ballardsecurity.com] Sent: Thursday, March 03, 2005 2:09 PM To: btaylor@renton-chamber.com Subject: Network camera quote for Renton Chamber of Commerce 149779.jpg 149793.jpg Renton Chamber of Commerce.pdf... BHI. Attached is our quote for a Sony IP pan/tilt/zoom camera, mounted in a pendant dome, attached to a gooseneck mount and pole, installed on the roof of NE corner of The Bristol apartment building, including cabling for video/power, and system set-up with customer training Here's the link for spec sheet for the Sony IP pan/tilt/zoom camera: http://bssc.sel.sony.com/Professional/docs/brochures/snc-rz30n.pdf Attached are a couple of photos of this camera, installed in a pendant dome, and attached to a gooseneck mount. This is the exact equipment that my proposal consists of, plus a weighted mounting platform to mount pole, for attaching gooseneck mount to. Thanks for the opportunity to earn your business. Thank you. Jeff Sandine Ballard Security 541.390.5142 (cell) 206.782.8493 (Seattle office) 866.707.1110 (toll free) Wei 1 • Ballard Secure Inc. { 111 � T -- 2825 N.W. Market Street#211, Seattle, WA 98107 (206) 782-8493 Toll Free: 1-866-707-1110 Billing address: Shipping address: Renton Chamber of Commerce 300 Rainier Ave. N. Renton, WA 98055 Attn: Bill Taylor Sales Order Qty Description High Performance Network Camera System 1 Sony SNC-RZ3ON IP Network Pan/Tilt/Zoom Color Camera Outdoor pendant housing Gooseneck mount Construct platform with sides to contain cinder block for counterweight. Mount pole for installing gooseneck mount. Position in NE corner of most north easterly apartment building at The Bristol, overlooking park,with views towards downtown Seattle and end of runway. System setup and customer training Installation: Install cable with power to camera, connect camera to network, install camera on mount Notes: Customer to provide internet access via network, 120V power and access to roof via conduit. Cabling will lie on roof, traveling from weatherhead to camera location in NE corner of building. Terms: Net 10 Delivery and Installation: 2-3 weeks from receipt of order Warranty: 1 year full warranty For satisfactory remote viewing performance Sub-Total: $4,295.00 you must have high speed communications service Tax: $377.96 at your host and remote locations. Total: $4,672.96 Ballard Security,Inc. Date For your protection . . I have read and understand the terms and conditions on the following pages. We recommend surge suppressors, UPS,hardware firewall and Accepted by Date anti-virus software 1.TITLE, DELIVERY,INSTALLATION&SECURITY Equipment installation by Ballard Security Inc.does not include the supply or installation of necessary conduit to operate the Equipment for which Subscriber shall be solely responsible, unless included in this quotation.Subscriber shall also supply all electrical outlets,adequate power and suitable space in a controlled environment to enable installation and operation of the Equipment by Ballard Security Inc.. Title to the Equipment shall pass to Subscriber upon delivery,subject to a purchase money security interest that Subscriber hereby grants to Ballard Security Inc.,in addition to any applicable statutory lien,which shall be effective until Ballard Security Inc. receives payment in full.If , Subscriber defaults in payment,Ballard Security Inc. may,in addition to all other remedies,without notice,demand or bond,exercise the rights of a `� secured party under the laws of the state where the Equipment is located.Subscriber agrees to execute and return to Ballard Security Inc.any financing statement or other document and any filing fees required by applicable law in order to perfect Ballard Security Inc.'s security interest in the Equipment. Subscriber grants Ballard Security Inc. a limited power of attorney to execute and file any financing statement necessary to perfect Ballard Security Inc.'s security interest in the Equipment and any proceeds thereof,which power is coupled with an interest and irrevocable. 2.SERVICE Subscriber shall make service requests to Ballard Security Inc.as required. Ballard Security Inc.shall at all times use reasonable efforts to make service calls promptly after receipt of a request from Subscriber. Subscriber shall give Ballard Security Inc.unrestricted access to the Equipment during Subscriber's normal business hours for the purpose of performing Service. If Service is required due to failure to follow maintenance procedures,shipping or moving the Equipment,or any other act or omission outside of the ordinary and proper use of the Equipment by Subscriber, its employees,agents or invitees,then Subscriber shall pay Ballard Security Inc.'s usual and customary repair charges for such service,equipment,and parts.Subscriber shall be solely responsible for the replacement cost of any Equipment which Ballard Security Inc.determines is not feasible to repair because of extensive damage,obsolescence of a part or unavailability of parts for a reasonable cost. 3. OTHER CHARGES AND FEES Unless otherwise set forth on the front page of the Agreement,the balance of the Equipment Purchase Price, installation fees and any other one-time fees are due and payable upon the Installation Date. Late payments shall be subject to an interest charge at the maximum rate permitted by law.Subscriber shall be solely responsible for taxes and other charges assessed by any governing authority on the purchase or maintenance of the Equipment. 4. SALE OR CHANGE OF SUBSCRIBER'S BUSINESS No sale,transfer,closing or change in location of Subscriber's business shall reduce, eliminate or otherwise affect its obligations under the Agreement. Subscriber shall not assign the Agreement or any of its obligations hereunder without the prior written consent of Ballard Security Inc.. 5. REMEDIES UPON SUBSCRIBER DEFAULT Default in payment or violation of any terms of this Agreement by Subscriber shall cause the entire contract balance,including past due amounts,to become immediately due and payable to Ballard Security Inc.as liquidated damages. Ballard Security Inc.shall also have the right to immediately cease providing Service without notice. Subscriber shall reimburse Ballard Security Inc.for all costs and expenses,including reasonable attorney's fees and costs,incurred in connection with Ballard Security Inc.'s exercise of its rights under the Agreement. 6. WARRANTY,DISCLAIMER AND LIMITATION OF LIABILITY NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND(INCLUDING WITHOUT LIMITATION,LOST PROFITS OR LOST SAVINGS)EVEN IF SUCH DAMAGES WERE FORESEEABLE OR A PARTY WAS ADVISED OF SUCH DAMAGES. BALLARD SECURITY INC.DOES NOT REPRESENT OR WARRANT THAT THE EQUIPMENT WILL OPERATE WITHOUT INTERRUPTION OR ERROR-FREE OR THAT THE EQUIPMENT WILL PREVENT OCCURRENCES OR THE CONSEQUENCES THEREFROM WHICH WERE INTENDED BY SUBSCRIBER TO BE MONITORED BY THE EQUIPMENT. THE FEES PAYABLE TO BALLARD SECURITY INC.UNDER THE AGREEMENT ARE BASED ON THE VALUE OF THE EQUIPMENT AND MAINTENANCE SERVICE PROVIDED BY BALLARD SECURITY INC.AND BALLARD SECURITY INC.'S LIMITATION OF LIABILTY SET FORTH IN THIS SECTION 6.NEITHER PARTY INTENDS FOR BALLARD SECURITY INC.TO ASSUME THE RISK Nod OF LIABILITY RESULTING FROM OCCURRENCES OR CONSEQUENCES THEREFROM THAT WERE INTENDED BY SUBSCRIBER TO BE MONITORED BY THE EQUIPMENT, EVEN IF THERE ISA DEFICIENCY IN THE EQUIPMENT OR MAINTENANCE SERVICE. ACCORDINGLY, SUBSCRIBER HEREBY RELEASES BALLARD SECURITY INC.,ITS PARENT COMPANY,AFFILIATES AND SUBSIDIARIES(COLLECTIVELY, "BALLARD SECURITY INC.PARTIES") NOW AND FOREVER FROM ANY LIABILITY FOR LOSS OR INJURY(INCLUDING WITHOUT LIMITATION LOSS OF OR DAMAGE TO REAL OR PERSONAL PROPERTY AND INJURY TO OR DEATH OF ANY PERSON)DIRECTLY OR INDIRECTLY ARISING FROM ANY OCCURRENCE OR CONSEQUENCE THEREFROM WHICH SUBSCRIBER INTENDED TO BE MONITORED WITH THE EQUIPMENT OR FROM ANY DEFICIENCY IN THE EQUIPMENT OR MAINTENANCE SERVICE. IF ANY PERSON NOT A PARTY TO THE AGREEMENT MAKES ANY CLAIM AGAINST A BALLARD SECURITY INC.PARTY DIRECTLY OR INDIRECTLY RELATING TO THE EQUIPMENT OR MAINTENANCE SERVICE,SUBSCRIBER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS SUCH BALLARD SECURITY INC.PARTY AGAINST SUCH CLAIM,INCLUDING THE PAYMENT OF ALL DAMAGES,EXPENSES,COSTS AND ATTORNEYS'FEES. BALLARD SECURITY INC.WARRANTS THAT THE EQUIPMENT SHALL BE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE. BALLARD SECURITY INC.'S ENTIRE LIABILITY UNDER THIS WARRANTY AND CLIENT'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OF THE EQUIPMENT AS DETERMINED BY BALLARD SECURITY INC.IN ITS SOLE DISCRETION. SUBSCRIBER MAY OBTAIN WARRANTY SERVICE BY CALLING BALLARD SECURITY INC.SYSTEMS OPERATIONS CENTER AT 1-866-707-1110 OR BY SUCH OTHER MEANS AS DESIGNATED BY NOTICE FROM BALLARD SECURITY INC.. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW,AND BALLARD SECURITY INC.HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL BALLARD SECURITY INC.'S LIABILITY TO SUBSCRIBER FOR ANY LOSS OR DAMAGE FOR ANY CAUSE WHATSOVER REGARDLESS OF THE FORM OF ACTION EXCEED THE AMOUNTS RECEIVED BY BALLARD SECURITY INC.DURING THE IMMEDIATELY PRIOR SIX MONTHS FOR EQUIPMENT AND SERVICES. NO CLAIM SHALL BE BROUGHT AGAINST BALLARD SECURITY INC.MORE THAN ONE YEAR AFTER THE OCCURRENCE OF THE • EVENT GIVING RISE TO THE CLAIM. BALLARD SECURITY INC.MAKES NO REPRESENTATIONS THAT IDENTIFICATION OF PEOPLE, FACIAL RECOGNITION, OR LICENSE PLATE NUMBERS WILL BE POSSIBLE. BALLARD SECURITY INC.ALSO MAKES NO REPRESENTATIONS REGARDING THE STABILITY OF THE MICROSOFT®WINDOWS OPERATING SYSTEM. CLIENTS INITIALS 7.FORCE MAJEURE Ballard Security Inc.shall not be liable for any delay or failure to perform its obligations hereunder due to Acts of God,strikes, emergencies,regulatory or other governmental action,power failure,lack of transportation,a breach of the Agreement by Subscriber or any other cause •mnd Supplier's control,even if such events were foreseeable. (tvoiENERAL Notices given hereunder shall be in writing and sent by a nationally recognized overnight delivery service or certified mail,postage prepaid,to Subscriber contact noted above and to Ballard Security Inc.at 2825 N.W. Market Street#211,Seattle,WA 98107. The Agreement shall be governed by the laws of the state of Washington(excluding its conflict of laws provisions);however Ballard Security Inc.may enforce the provisions of the Agreement in accordance with the laws of the jurisdiction in which the Equipment is located.The Agreement constitutes the sole and entire understanding between the parties with respect to the subject matter hereof and supersedes all prior conversations, representations and promises,verbal and written. No modification of the Agreement shall be valid unless made in writing and signed by each party. If any provision shall be held invalid or unenforceable, in whole or in part, then such invalidity shall attach only to such provision,or part thereof,and shall not affect any other clause or provision. Ballard Security Inc.may assign this Agreement,in whole or in part,to any third party. 9.REMOTE VIEWING OPTION All applicable phone dial-up or network connections are responsibility of client and must be installed and working at the time of CCTV installation or other charges may apply. Client is responsible for providing a working DSUCABLE connection to the Digital Video Recorder. Additional charges will apply for any revisits to the client site due to incomplete or incorrect DSUCABLE configurations.Client is responsible for understanding the Authorized Usage Policy of their DSUCABLE provider. If Client fails to have DSUCABLE service working at the time of Installation, Client will not withhold payment from Ballard Security Inc. for this reason. 10.SYSTEM RESPONSIBILITY After 1 week of stable operation,we will provide passwords if requested,to allow customer to take over administration of system.Customer will accept full responsibility for maintenance and administration of system. Any requests made by customer,related to the administration of system,that require service/support from us,will be billed at our prevailing standard hourly rates. CLIENTS INITIALS M � r'......,r.r.....-: .- ._ OW.=,4:.):r .?lift -N. : . ' ,, ,: .: ,_''..:,.r..,: ,'..'''P-';:::'-'''''''''."t-j'''''. ... ' -,'.. . _ :-'''.''.1',:tEli. ..ii?2,:- - -' _. - • ..:.-'' 'r ....A:L.--—_— — ' P _ :..-.._,...r,2,-,,,,,,,,,,,,,,,,,----,-„,„--___,-.._, -.. _.-.... . ,. - ; _-.1;it.!.,,,ir.....:..,.,,,-,:p.,,4:-_-. _ , , ..,..-.,„.;..... ., . . _ ... . ___ . .. ., _..".: ,„....„.__ ,,,_ ,:..,__:..i. _,.. .. .. ,.. .. ,:_ . , . :_ . „ . . _ . ....,..„,.., ,... ..... .._ _.. _ _ .. ,_ _ _ . .,.. . . _ - „. ---,..;4,,,,..,..,,,,,,. . k ,,,,,.....„.„. „ .. . _ _... ...._,.....,...„,,,,,,„._. ... .. ....__..,._ ._,:-,_;.,--,,,,,.,„,..„.„,,....._;.. .... ,_.....,,,,...-_,,,,,,-.,.r... - q.,.,„..,.7.,.- - . ...,. . ., . .,7::',':',i'''''':' ,‘, ' l';,.7.4:',,,;,..,,, ,P''"''''''.' ''''' to e�1, dai I t anr' max'_ ,.,_, ... s„12.,....,.,-:,,,, _ — --Jilt. .„4„,,tiiiiik AllFe' III\ L . ... ."}msµ, { �4; x �. 5 '..' . '.. fl.*,',''1..'' fir '. . ,, . 1440 . y��Sf�d,�"'FifiAYi.' - sem' - �n .ate 5a'c x , or The N . ._._ .:„...,,... .- Carnert ; fence � r ' L..-.. '''':'::-.::,.'',::_ ''r.i.:.i;'I::, ' • :.'''::±:1',::::: .i ' '‘,..-.. :. - _ - - 'Anyone, ;,,,,,..:„.,..„._ . . . -....„.2,,,,i,..,,...;...,,,...„,,,-,..„-,.. ..:_.. . . . . A. - - , - A n k v, '.r� r ; a s3 . O � _� ,. �.a. . t cc,turec1nd Benefits „,........0 7.,...,„ Remote Monitoring/Control Over High-Speed, Quiet Pan/Tilt/Zoom Networks Using a Standard Web (PTZ) Browser It's easy to locate almost any position in the viewable The SNC-RZ3ON is equipped with a 10/100 Base-T area surrounding the SNC-RZ3ON using its high-speed Ethernet interface and has a web server capability with PTZ capability. Of all PTZ-capable network cameras,the an assignable IP address. These features coupled with SNC-RZ3ON has one of the widest ranges in its class: a the camera's built-in software allow the user to control pan range of 340°,a tilt range of 115°, plus a 25x optical the camera and view live images over a network. All that /300x digital zoom capability. The full 340° pan range is required is a PC running a standard web browser. can be covered in 2 seconds, and the -90° to +25° tilt No additional software or plug-ins are required. The range can be covered in 1.5 seconds. In addition to the following operating systems and browsers are supported wide range of motion and high-speed movements, the by the SNC-RZ3ON: SNC-RZ3ON incorporates gearless direct-drive motors that ensure exceptionally quiet operation. Operating System Web Browser Microsoft'°Windows'98/985E/ Microsoft Internet ExplcifiP Me/NT4.0/2000/XPversion 5.5 and 6.0 c„:is ,, • SNC-RZ3ON Setting Menu ', ai,r ;+- . z v -a� y > ...;4 . +.; ti _ -_ ._- a' Wig, Ntttn �- - +`` ti,+s, T1s r " '•."--'• '' F `MR. V;i W '' .. .... ... -.' .M -r, . '+�s.v-k, '"tom 25x Optical Zoom(simulated images) • SNC-RZ3ON Viewer N 1.$ " r .. t.-..L - y is Pan/Tilt Range s T ' 340 degrees xr.t; l N ' O �... / 25 degrees �- `�, iir • , _ :: we" - . liri :„,,... .. ;I , , I 90 degrees I Nord '7"`"' High-Quality Image/Selectable Parameters '" Two Type II PCMCIA Expansion Slots The SNC-RZ3ON has a number of selectable parameters that Two Type II PCMCIA card slots are integrated into the make it easy to match the quality of the image with your SNC-RZ3ON. These slots can be used to increase the bandwidth requirements. For example,the SNC-RZ3ON,which storage capacity of the unit by adding either a flash uses the industry-standard JPEG compression format, has a memory card or an ATA Hard Disk Drive (HDD) compression ratio selectable between 1/5 and 1/60. Also,with card: IC recording media such as a Memory Stick a maximum setting of 30 fps'',the frame rate can either be set media card with a Memory Stick/PC card adaptor manually at a fixed frame rate,or at a variable frame rate based can be used as well. on the amount of bandwidth available. Furthermore, the resolution can be selected from a choice of 736 x 480, 640 x 480, 320 x 240, and 160 x 120. With a high-speed network rt connection, you can obtain high-quality video images, and with a limited bandwidth connection, you can set the parameters so that images are still very clear with no image break-up. ' PCMCIA Type II x 2 ni Image Transfer Using FTP/SMTP 'S:Slots cannot be used simultaneously. MEMORY Sncx Because the SNC-RZ3ON supports both FTP and SMTP protocols, JPEG still image data can be transferred, as required, either to an FTP server or to a specified e-mail - Analog Composite Video Output address as a JPEG attachment. The SNC-RZ3ON can output an analog composite video signal via the BNC connector on the unit's rear panel. This is an ideal feature for sending signals to 11045,1 Activity Detection/Alarm Trigger a local recording device or monitor. The SNC-RZ3ON has a built-in activity detection function that can be set to trigger an alarm or a switch. For example, ■REAR PANEL when there is movement in the field-of-view of the camera, the camera could set off an audible alarm or turn on a lamp. In addition to using the built-in activity detection function, the SNC-RZ3ON can be configured with up to three external sensors for expanded functionality. Any or all of these sensors can be set to trigger an alarm, or to send a signal to a solenoid to perform functions such as locking a door. Other functions can also be performed such as sending the image that was captured at the time the alarm was triggered to an e-mail address or to an FTP server. Also, because the SNC-RZ3ON has 8 MB of RAM designated as a buffer and a high-speed data-transfer capability of up to 30 fps, hundreds of images from before and after the alarm was RMAIN RS-232C/485 Transparency Interface triggered can be buffered in the RAM and transferred. External equipment can be connected to the RS-232C/485 interface of the SNC-RZ3ON, and can be controlled by a PC connected to the network on which the SNC-RZ3ON resides. NIS ,, z • Now, '17707'-' Simultaneous Access Network Security Features Up to 50 users can simultaneously access a single IP Filtering - User access to the SNC-RZ3ON can be limited SNC-RZ3ON to monitor images and control the by IP filtering. Up to ten different groups can be established camera. One of two control modes for the camera by defining an IP address range for each group. This allows can be set by the administrator, allowing control of users with IP addresses in a defined range to access the the unit to be shared by a number of users. One camera, while denying access to all other addresses. mode gives priority to the user who last attempted to Password Protection - User names and passwords can control the camera, while the other mode is be assigned to allow four levels of access. Generally, time-based. When this mode is set,priority is given the administrator has complete access/control of the to a user for a specified amount of time and when camera, while the other three levels can be set to time expires, the next person who takes control is limit user privileges to functions such as PTZ control, given priority for that same amount of time. viewing, trigger control, etc. MIWiriCi Other Features Direct Pointing or Vectoring-There is an alternative method of controlling the pan and tilt of the SNC-RZ3ON. When this other method is selected, an on-screen simulated pad appears on the GUI (Graphical User Interface) allowing "direct pointing" or"vectoring" to control the camera. "Tour" Feature - The "tour" feature allows the user to preset up to five scanning patterns with up to 16 positions in each scan. This is useful when you wish to monitor designated areas in a room. Cropping Feature -The administrator can designate an area in the image to be cropped. This feature is particularly useful when you wish to monitor a specific location. In addition, it reduces the size of the image file, making the storage and transfer of images more efficient. Day/Night Mode - The SNC-RZ3ON has a unique day/night mode, which allows images to be viewed even in low light conditions. Sample System Configuration Alarm in LAN }t Passive Infrared t, Sensor(PIR) PCMCIA _r 100 BASE-TX Flash ATM-ID TyPEII x 2 Video W' SNC-RZ3ON (NTSC) Relay out Activity Detection/IR Dont out alpe L 1'�I n or=MG Video Cassette Recorder or Monitor Hard disk Recorder • 3 Y Tr 114 • ; r a `"� h• S 7 •1�1 •.--...1•,,•;;..F.:4,•4-4.1; " .� - � k Network cameras have been steadily making their way into the market over the past few years, yet few have been designed with the thought that went into Sony's color network camera, the SNC-RZ3ON. sy em`' Combining network funcil; rt naiit s � ` '" Caa l►i : the SNC-RZ3ON takes remote monitoring and general IT p$ 3 } ssttep.by offering'the flexibility to see almost anything within the camera's range �ar oxer an ordinary TCP/IP network. Images from the SNC-RZ3ON can be viewed and the PTZ movement can be controlled using a PC running a standard browser without the need for additional software or plug-ins. Moreover,setup is very easy because the setup menu is also browser-based. The SNC-RZ3ON features a 25x optical zoom capability that allows a user to zoom in on small or distant objects with exceptional clarity. Image quality is extremely high because the SNC-RZ3ON uses a high-resolution CCD imager and a newly designed image processor. The SNC-RZ3ON employs JPEG compression and can be set up to transfer these JPEG images to an FTP server or to a specified e-mail address. Also, the frame rate for this camera can be set as high as 30 fps'', which makes for very smooth moving images. The SNC-RZ3ON features built-in PCMCIA card slots to further expand the camera's memory with a flash ATA card, an ATA HDD card, or a Memory Stick" media card with adaptor", allowing you to store tens of thousands of images. Finally, unlike most network cameras, the SNC-RZ3ON has an analog composite video output connector for outputting video to a local recorder,making it ideal for reviewing activity that might have been missed x%hile monitoring in real time. All of this functionality is packaged into one sleek, compact, and lightweight body that can be either ceiling mounted or placed on a flat surface. The feature rich SNC-RZ3ON is an ideal chioce for virtually any IP remote monitoring application. • ' ^ 3'K.2-, .r.a �_ ATA v � ATA UD Ca �- .1 :K Supplied Accessories Optional Accessories . . .. ,.....A I Ceiling Mount Kit ,„w _ s . ` I MSA-8A/16A/32A164A/128A c:. 4. , . ly 7R' r t ttiiag z Memory Stick ; * '2{ 1� . 4Oc (8 MB/16 MB/32 MB/64 MB/128MB) -.,-, S: ,:-, it },titet, tillit4 '4» � se,r 4 ,.,.-%•,-K,?' tic, h ' .uF Y o f int. 0 4:,'!,4'.7..;:':::'''.1,1"''''' IMSAC-PC2 Memory Stick/PC Card Adaptor IAC power adaptor I/O receptacle AC power cable Installation manual Ethernet cable(UTP category 5 cross cable) Ferrite core CD-ROM(setup program and user's guide) Specifications •Camera ■Pan/Tilt Imager 1/6 type Interline Transfer Super HAD CCD Pan angle -170 to+170 degrees Pixels 680,000 pixels(NTSC) Pan speed 2 sec./340 degrees Electronic shutter 1/4 to 1/10,000 sec.(NTSC) TM angle -90 to+25 degrees Exposure Auto(Full Auto(including backlight compensation), Tilt speed 1.5 sec./115 degrees Shutter-priority,Iris-priority)and manual White balance Auto,ATW,Indoor,Outdoor, One-push(trigger command),Manual NI Interfaces EV Compensation -1.75 to+1.75(15 steps) Ethernet 1006ase-TX/1 OBase-T(R)-45) Iris Auto/Manual(F1.6 to close) PCMCIA Type IIx 2 Gain Auto/Manual(-3 dB to 28 dB) Video Output Analog Composite(BNC x1) Ntlille Focus mode Auto/Manual(Near,Far,One-push autofocus) Sensor in 3 Alarm out 2 Serial IF RS-232C/485(transparency only) ■Lens Zoom Ratio 25x optical zoom,300x with digital zoom ■Analog Video Output Horizontal viewing angle 2.0 degrees to 45 degrees Signal system SNC-RZ3ON(NTSC) Focal length f=2.4 mm to 60 mm Sync system Internal F-number F1.6(wide),F2.7(tele) Horizontal resolution 480 TV lines Minimum object distance Tele:800 mm Wide:30 mm S/N ratio 48 dB Min,illumination 3 lx(color) •System/Network ■General CPU 32-bit RISC processor Weight 2 lb 10 oz(1.2 kg) RAM 32 MB(includes 8 MB alarm buffer) Power requirements DC 12 V via AC adaptor(100 to 240 V) Embedded flash memory 8 MB Power consumption 21.6 W(with ATA HDD card) Resolution 736 x 480,640 x 480,320 x 240,160 x 120(NTSC) Operating temperature 32°F to 104°F(0°C to+40°C) Compression JPEG Storage temperature -4°F to 104°f(-20°C to+60°C) Compression ratio 1/s-1/60(10 steps) Operating humidity 20%to 80%Non-condensing Frame rate 30 fps max.(640 x 480)(NTSC)* Storage humidity 20%to 95%Non-condensing Protocols DHCP,TCP/IP,HTTP,ARP,FTP,SMTP,ICMP,and SNMP Dimensions(W x H x D) 5 5/8 x 7 x 5 3/4 inches(140 x 175 x 144 mm) "Depending on network environment ©2002 Sony Electronics Inc. All rights reserved SONY® Reproduction in whole or in part without written permission is prohibited. Features and specifications are subject to change without notice All non-metric weights and measurements are approximate. Sony Electronics Inc. Some images in this catalog are simulated. 1 Sony Drive Sony is a registered trademark of Sony. Park Ridge, NJ 07656 Memory Stick and Memory Stick logo are trademarks of Sony. WWw.sony.comlvideocameras All other trademarks are the property of their respective owners. IS-1153 MK7826V1IWO2JUL Printed in USA(8/02) LODGING TAX ADVISORY COMMITTEE COMMITTEE REPORT March 10, 2005 Renton Visitors Connection Tourism Marketing Campaign 2005 Funding Recommendation The Renton Lodging Tax Advisory Committee recommends to the Renton City Council allocation of$116,000 of Lodging Tax collections to the Renton Visitors Connection for its 2005 tourism marketing campaign. Denis Law, Chair cc: Alex Pietsch Mike Wilson LODGING TAX ADVISORY COMMITTEE COMMITTEE REPORT March 10, 2005 Renton Visitors Connection Tourism Marketing Campaign 2005 Funding Recommendation The Renton Lodging Tax Advisory Committee recommends to the Renton City Council allocation of$116,000 of Lodging Tax collections to the Renton Visitors Connection for its 2005 tourism marketing campaign. , .I ,, s Law, Chair cc: Alex Pietsch Mike Wilson CITY OF RENTON COUNCIL AGENDA BILL AI#: , ubmitting Data: For Agenda of: Dept/Div/Board.. Economic Development March 14, 2005 Neighborhoods and Strategic Planning Staff Contact Rebecca Lind(ext. 6588) Agenda Status Consent X Subject: Public Hearing.. Highlands Subarea Plan Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to the Planning and Development Committee and Legal Dept Planning Commission Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: The City prioritized a planning effort creating a Highlands Subarea Plan (Plan) as part of the 2005 EDNSP department work program. Plan adoption is expected in 2005. This work program supports Business Plan Goal#2 "Promote neighborhood revitalization" and the Business Plan strategy"Create opportunities for new investment in the Highlands and South Renton neighborhoods." The Plan is expected to include land use policies,zoning,and capital investment strategies to stimulate redevelopment in the Highlands. This referral is the initial step needed to begin work on the Plan with the Planning Commission. The Planning and Development Committee and Committee of the Whole will receive periodic briefings throughout the year. STAFF RECOMMENDATION: Initial briefing and subsequent periodic updates ultimately leading to adoption of the Highland Subarea Plan. Rentonnet/agnbill/ bh CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBROHOODS AND STRATEGIC PLANNING MEMORANDUM DATE,: March 3, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: .1f-"„.1 Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch STAFF CONTACT: Rebecca Lind (ext. 6588) SUBJECT: Highlands Sub-Area Plan loaf ISSUE: Redevelopment of portions of the Highlands is a long-standing City goal. Although current comprehensive plan designations and zoning allow some redevelopment to occur, the City does not have a plan in place or a coherent revitalization strategy adopted. Individual property owners can proceed now on the basis of existing regulations but these efforts will result in a smaller scale, piecemeal approach. The small number of proposals made by owners over the last several years indicate that the existing regulations are not likely to offer enough incentive to stimulate desired changes. RECOMMENDATION: Develop a Sub-Area Plan and implementing zoning for the Highlands Study Area as a first step toward stimulating investment in and redevelopment of the Highlands area. BACKGROUND SUMMARY: The City Council adopted two policies in the 2005 Business Plan that directly address priorities for the Highlands. Goal#2 states, "Promote Neighborhood Revitalization", and Strategy#3 states, "Create opportunities for new investment in the Highlands and South Renton neighborhoods." This proposed Sub-Area Plan would begin implementation of these policies. The anticipated Plan will provide a land use, zoning, and infrastructure investment strategy that acts a guide for redevelopment of the study area. Noire The core study area includes the commercial area along Sunset Blvd and existing R-10 and multi-family zoned areas adjacent to it. Single-family areas surrounding the core study area will also be included for a broader evaluation focusing on techniques to maintain quality single- family neighborhoods. A map of the initial Highlands Sub-area Plan study area is shown in Attachment 1. The study area boundary is not set and will be the subject of further review and recommendation. The Plan outline, at this conceptual stage, includes the following components: Chapter One: Introduction This chapter will present the study area boundary, explain the purpose of the sub-area plan approach, and answer the question - what overall change is the City trying to address through this plan? Chapter Two: Background The background section will present data about the study area such as existing land use and zoning,existing ownership patterns, infrastructure,public facilities, view corridors,future land use capacity, and scheduled capital improvements. Chapter Three: Visioning Report The purpose of the report is to present an updated vision for the Highlands, tie it to the overall city vision and the Council business goals. The report will explain the evolution of the urban design and marketing concepts presented to the community in 1999. The vision will be presented as a catalyst for change. Public participation strategies will also be included. Chapter Four: Marketing Report This chapter will explain market feasibility under current zoning assumptions with recommended changes. The information about marketing feasibility will be derived from a completed marketing analysis prepared by the consulting firm,Heartland. Chapter Five: Plan Elements Proposed policies will address the major topics pertinent to redevelopment of this area including Land Use,Transportation,Economic Development, Urban Design/Neighborhood Character, Capital Facilities, and Relocation. Additional topics may be added as a result of public input, Planning Commission, and City Council review. Any necessary zoning map amendments would also be identified. Chapter Six: Implementation/Development Strategies This chapter will present alternatives for project implementation. Chapter Seven: Specific Code Amendments This chapter will identify specific code text needed to implement the Sub-area Plan. Work on the Sub-area Plan will occur at the Planning Commission during 2005. The goal is to complete the Plan and present it for Planning and Development Committee review in the fall. Periodic Committee of the Whole briefings are also anticipated. Review of additional issues and public input may modify the timeline. A more specific schedule will be presented to the Nsid Council as work proceeds. H:\EDNSP\Comp Plan\Sub Area Plans\Highlands\Agenda bill issue paper.doc March 3, 2005 Page 3 Nitro- CONCLUSION: The Highlands Sub-Area Plan can be an initial step toward realization of the City's goal of a revitalized and renewed commercial and residential area outside of the urban center. Referral of this planning effort to the Planning Commission and Planning Development Committee will begin this work program. H:\EDNSP\Comp Plan\Sub Area Plans\Highlands\Agenda bill issue paper.doc CITY OF RENTON COUNCIL AGENDA BILL t AI/f: 9' Submitting Data: For Agenda of: 3/14/05 Dept/Div/Board.. AJLS/Municipal Court Staff Contact Joe McGuire, X6531 Agenda Status Consent X Subject: Public Hearing.. Corresponder Collections Services Agreement with AllianceOne Ordinance.... . Receivables Management, Inc. Resolution............ Old Business......... Exhibits: New Business Issue Paper Study Sessions Agreement with Exhibits A- H Information Recommended Action: Approvals: Legal Dept X Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... None Transfer/Amendment t,,,,r Amount Budgeted N/A Revenue Generated Approximately $180,000 Annually Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Compliance with the monetary portion of court ordered sanctions has lagged the past 14 months. The court needs to retain a collections agent with an extensive history in court business, experienced staff, current technology and proven collections history. AllainceOne Receivables Management, Inc. satisfies those requirements. STAFF RECOMMENDATION: Authorize Mayor and City Clerk to sign Agreement with AllianceOne Receivables Management, Inc. jOkiire Rentonnet/agnbill/ bh Y ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT MEMORANDUM DATE: February 25, 2005 TO: Terri Briere, Council President Members of the Renton City Council VIA: Kathy Keolker-Wheeler, Mayor FROM: ul Tay Covington, Chief Administrative Officer STAFF CONTACT: Joe McGuire, Court Services Director(x6531) SUBJECT: Agreement for Collection Services "or•' ISSUE: Contract for collection services. Renton Municipal Court needs to designate a professional, progressive credit company as the court's collection agent to increase compliance with court ordered sanctions, specifically payment of fines fees and costs imposed as part of the conditions of sentence. RECOMMENDATION: Staff recommends adoption of the attached agreement between the City of Renton and AllianceOne Receivables Management, Inc. to perform collections services as written in the attached King County Contract M10219M and customized for the Renton Municipal Court. BACKGROUND SUMMARY: Renton Municipal Court collections revenue is approximately$180,000 per year. Recent changes in the revenue received from Renton Collections, Inc. vs. accounts referred have been disappointing. Historical returns are about 30% of referrals. Returns the last seven months have been under 11%. The unrealized revenue amounts to approximately$10,000 per month. Upon analyzing collections for Lakewood, Kent and Kirkland, three AllianceOne clients similar to Renton, no such decreases are found. The Renton Municipal Court has contracted with the current collections services vendor, Renton Collections, Inc. (R.C.I.) since 1989. Many significant advances in technology and services offered by the collections industry underscore the need for a change of vendors at this time. King County and the City of Seattle issued a Request for Proposal in 2003 and selected AllianceOne from ten firms responding to the RFP. AllianceOne has a Court Services Department to work with its court clients. They perform collections services for 118 courts in the State of Washington and courts in 15 other states around the country. In King County 11 municipal courts and King County District Court use AllianceOne. Aligning with other courts with a proven vendor will put us in a position to benefit from advances such as "universal cashiering" in the future. AllianceOne performs collections services in return for a collection fee of 19%that is added on to debtors new accounts when they are referred for collection. The current vendor charges 30%. One hundred percent on the interest charged on delinquent accounts will be remitted to the City. The current contract calls for a 50/50 split with the contractor. Adopting this contract with AllianceOne will mean lower costs to the debtor and higher revenues for the city. The 57 collectors at AllianceOne have been collecting for an average of over five years. The most senior collector at R. C. I. has been there over two years. More experienced collectors yield more revenue. Nod The strong information technology staff at AllianceOne allows them to provide electronic downloading of debtor information directly from the State of Washington Judicial Information Services computer system. This will allow more frequent, timely and accurate information for use in the collection process. Revenues will be remitted to the City of Renton on a weekly rather than monthly basis. All printing and mailing of collection notices will be done by AllianceOne saving considerable staff time and postage costs. Our current culture dictates that choosing the best resources available is critical for all city departments. Adopting this agreement contract is consistent with that dictate. City of Renton Vendor Contract AllianceOne Receivables Management, Inc. Agreement Agreement Term: 5/01/05 through 02-28-06 Agreement Between The City of Renton And AllianceOne Receivables Management, Inc. Collection Agency Services for Renton Municipal Court This Agreement ("Agreement"), effective the 1st day of May, 2005 ("Effective Date"), is made by and between The City of Renton, a municipal corporation of the State of Washington ("Renton"), and AllianceOne Receivables Management, Inc., a corporation organized and existing under the laws of the State of Delaware and authorized to do business in the State of Washington ("Contractor). Recitals 1. Pursuant to RCW 3.02.045, Courts of Limited Jurisdiction are authorized to engage the services of a collection agency to collect unpaid penalties on infractions, criminal fines, costs, assessments, civil judgments, or forfeitures that have been imposed by the court. 2. After a competitive bid process, King County District Court entered into Contract M10219M, on December 10, 2003, with AllianceOne Receivables Management, Inc.("Contractor"), to provide collection services; 3. Pursuant to the State of Washington Cooperative Purchasing Act, RCW Chapter 39.34, Renton desires to acquire, and Contractor desires to provide services as a collection agency, as that term is defined in RCW 19.16.100, for the Renton Municipal Court, for terms consistent with Contract M10219M. NOW, THEREFORE, the parties agree as follows: 1. Entire Agreement: King County District Court Contract M10219M, and Exhibits A through G thereto (hereinafter"Contract M10219M"), are hereby incorporated herein by this reference as if fully set forth herein. Where there are conflicts between this Agreement and Contract M10219M, the controlling document will first be this Agreement and then Contract M10219M. This Agreement, Contract M10219M, and Certificates of Insurance and Policy Endorsements constitute the entire agreement between Renton and Contractor. 2. Scope Modification: Except for the following scope modifications necessary to meet needs specific to Renton Municipal Court("Court"), the Contractor shall provide the scope of work contained in Contract M10219M. 2.1 Monthly Payment Services and Fees: The Contractor shall not commence the Signal Credit Management Services Program as outlined in Contract M10219M (Section III, Paragraph E.) until this program is specifically requested by Renton Municipal Court. 3. Indemnification: Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers, from and against any and all claims, losses, or liability, or any portion thereof, including attorneys fees and costs, arising from injury.or death to persons, including injuries, sickness, disease or death to Contractor's own*Mployebs, or damage-'to Page 1 of 3 City of Renton Vendor Contract AllianceOne Receivables Management, Inc. Agreement Agreement Term: 5/01/05 through 02-28-06 property occasioned by a negligent act, omission or failure of the Contractor. 4. Insurance. The insurance requirements set forth in Contract#M10219M Section IX, are expressly incorporated herein by this reference. However, in addition to those provisions, the City of Renton shall be named as an additional insured and shall be provided the endorsement page from Contractor's policy. The insurance endorsement certificate shall be provided to: City of Renton Attn: Joe McGuire, Renton Municipal Court 1055 South Grady Way Renton, WA 98055 4.1 Verification of Insurance Coverage—In addition to the foregoing, the Contractor agrees that prior to the execution of the Agreement, and upon each subsequent insurance policy renewal during the term of this Agreement, the following documents must be provided as evidence of insurance coverage that the City approves as being in compliance with the insurance requirements: a. A copy of each policy's declarations page, showing the Insurer, policy effective dates, limits of liability and the schedule of forms and endorsements. The City reserves the right to require a true and certified complete copy of any policy at any time. b. A copy of the endorsement naming the City of Renton as an Additional Insured for commercial general liability and business automobile liability insurance that shows the policy number and is signed by an authorized representative of the insurance company. c. A copy of an endorsement or policy wording stating that written notice of cancellation must actually be delivered or mailed to the City not less than 45 days prior to the effective date of such cancellation, except for cancellation of insurance policies for non-payment of premiums, which notice shall be not less than 10 days prior to such date. In lieu thereof, a formal written statement by the Contractor's corporate risk manager or chief financial officer stating that it shall provide equivalent written notice will be acceptable. 5. Notices: Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing to: If to City: Joe McGuire, Court Administrator Renton Municipal Court 1055 South Grady Way Renton,WA 98055 Ph: 425-430-6531 Em: imcguire@ci.renton.wa.us If to Contractor: Susie Jensen Assistant Vice President, Government Sales 6565 Kimball Drive, Suite 200 Gig Harbor, WA 98335 Page 2 of 3 City of Renton Vendor Contract AllianceOne Receivables Management, Inc. Agreement Agreement Term: 5/01/05 through 02-28-06 Ph: 253-620-2208 Em: Susie.iensen(a�allianceoneinc.com If notice is by means other than personal service, notice shall be deemed received 3 business days from the date notice is posted in the U.S. Mail. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. 6. Authority: The person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed. AllianceOne Receivables Management, Inc. City of Renton By: By: Title: Title: Mayor Date: Date: By: Title: City Clerk Date: Approved on behalf of Renton Municipal Court By: Title: Presiding Judge Date: Approved as to form: By: Title: Assistant City Attorney Date: Page 3 of 3 CONTRACT NO. M10219M DEPARTMENT District Court FEDERAL TAXPAYER I.D. CONTRACTOR AllianceOne Receivables Management, Inc. SERVICES PROVIDED Collection Agency Services AMOUNT $ FUND SOURCE DURATION eLP_u,rljec \aco3 TO beLe.v-Ape-c- 1b\ aOCxo CONTRACT FOR COLLECTION AGENCY SERVICES FOR KING COUNTY DISTRICT COURT THIS CONTRACT effective the lb* day of X11 ee.ec , 2003, ("Effective Date"), is entered into by KING COUNTY DISTRICT COURT, a court of limited jurisdiction of the State of Washington (the "Court"), and ALLIANCEONE RECEIVABLES MANAGEMENT, INC., a Delaware Corporation authorized to do business in the State of Washington (the "Contractor"), whose local address is 6565 Kimball Drive, Suite 200, Gig Harbor, WA 98335. The Court is undertaking certain court activities related to Collection Agency Services for the Court, and the Court desires to engage the Contractor to render certain services in connection with such undertakings. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: I. ENTIRE AGREEMENT The Court agrees to procure and the Contractor agrees to provide Collection Agency Services for the Court. This Contract, including all Exhibits referenced herein, constitutes the entire agreement between the Court and the Contractor. The Court's Request for Proposals 139- 03RLD and the Contractor's response thereto are specifically included as part of this Contract. Where there are conflicts between these documents, the controlling documents will first be this Contract and any future amendments hereto, then the RFP, and then the Contractor's Response to the RFP. This Contract supersedes any other oral or written representation between the Contractor and the Court with regard to Collection Agency Services for the Court. ❑ Modifications to Scope of Services Attached hereto as Exhibit A • ❑ RFP No. 139-03RLD Attached hereto as Exhibit B ❑ Response to RFP No. 139-03RLD Attached hereto as Exhibit C ❑ Personnel Inventory Report (K.C.C. 12.16) Attached hereto as Exhibit D ❑ Affidavit of Compliance (K.C.C. 12.16) Attached hereto as Exhibit E ❑ Disability Assurance of Compliance/Section 504 Attached hereto as Exhibit F ❑ Statement of Compliance (K.C.0 12.16) Attached hereto as Exhibit G ❑ Certificate(s) of Insurance and Policy Attached hereto as Exhibit H Endorsement Final KCDC Contract 12-03 1 12/04/03 II. DURATION OF CONTRACT The term of this Contract shall be three (3) years from the Effective Date. The term of the Contract may be extended in one (1) year increments for two (2) additional one-year periods for a total Contract duration of five (5) years, in accordance with the Court's best interest and at the sole option of the Court. III. COMPENSATION AND METHOD OF PAYMENT For services provided pursuant to this Contract, the Contractor shall be entitled to compensation as follows: A. Pre-Collection Demand Letter: No Charge. B. Collection Fees: Unless otherwise instructed by the Court, for accounts assigned to collection by the District Court and collected by the Contractor from the debtor, the Contractor shall add a Collection Fee to the principal amount of the debt to each account by category of account as set forth below: 1. A 29% Add-on fee (0.2248 retained) for secondary/historical accounts that are either(a) transferred to the Contractor from former collection agency or (b) aged four years or older from the Effective Date of the Contract. 2. A 24% Add-on fee (0.1935 retained) for secondary/historical accounts that are either (a) first assigned to the Contractor through its previous contract with the County or(b) aged up to four years from the Effective Date of the Contract. 3. A 19%Add-on fee (0.1596 retained) for new accounts assigned to the Contractor on and after the Effective Date of this Contract. C. Partial Payments: Partial payments made on assigned accounts shall be remitted to the Court based upon the same pro rata formula applied to accounts that are paid in full. By way of illustration, and assuming a 19% add-on fee: $100 fine x 19% = $119 new balance to be collected; a $50 payment received would be remitted as follows: $42.02 to the Court; $7.98 to the Contractor($7.98 = .1596 of$50). D. Interest on Accounts: Upon assignment to collections and only while in active collection status, interest shall accrue on unpaid civil judgments, penalties, fines, bail forfeitures, assessments, fees and costs at the rate of twelve percent per annum. The interest shall be added to the account by the Contractor, collected by the Contractor, and remitted in full by the Contractor to the Court. E. Monthly Payment Services and Fees: The Contractor will implement the Signal Credit Management Services Program for Court clients. The Contractor may assess fees for this service ("Service Fees") as follows: Final KCDC Contract 12-03 2 12/04/03 1. $15.00 Account Set-Up Fee: a one-time charge per client per court of limited jurisdiction. 2. $ 4.75 Monthly Fee: one charge per account per client with one case. 3. $ 8.25 Monthly Fee: one charge per account per client with multiple cases. 4. $ 7.75 Monthly Fee: one charge per account per client with one case in "past due status." 5. $11.25 Monthly Fee: one charge per account per client with multiple cases in "past due status." Service Fees shall not be added to the principal amount of the debt for purposes of calculating the Contractor's Collection Fee authorized in paragraph B above. F. Remittance Method: For payments to accounts collected by the Contractor, the Contractor shall deduct the Collection Fee prior to remitting the principal amount to the Court, as presently authorized by state law and an enabling Court Order. G. Change in Law: Should there be changes in laws or Court policy which prescribe/allow a different method for recovering Collection Fees, the Contractor shall modify its methods accordingly, upon instruction from the Court. IV. TERMINATION A. This Contract may be terminated by the Court, without cause, in whole or in part, upon providing the Contractor ten (10) calendar days' advance written notice of the termination. If the Contract is terminated pursuant to this Section IV, paragraph A: (1) the Court will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide further services pursuant to the Contract. B. The Court may terminate this Contract, in whole or in part, upon five (5) calendar days'advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or services required pursuant to this Contract, or(2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the Court pursuant to this Subsection IV(B) (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the Contractor shall return to the Court immediately any funds, misappropriated or unexpended, which have been retained by the Contractor. Final KCDC Contract 12-03 3 12/04/03 C. Prior to termination of this contract, the Court shall provide the Contractor with reasonable procedures regarding the transition of data files (both tape and electronic and/or hardcopy), collection history and notes, bankruptcies and garnishments, disputes in process, equipment removal, and access to data systems. The Contractor shall be liable for any damages, including but not limited to consequential damages, resulting from any delay or failure on the part of the Contractor to comply with these procedures in a commercially reasonable and timely manner. D. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in Section II or in any amendment hereto, the Court may, upon written notice to the Contractor, immediately terminate this Contract in whole or in part. If the Contract is terminated pursuant to this Section IV, paragraph C: (1) the Court will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide further services pursuant to the Contract. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other party. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain, and shall require any subcontractor to maintain, accounts and records, including personnel, property, financial, and programmatic records and other records as may be deemed necessary by the Court to ensure proper accounting for all contract funds and compliance with this Contract. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Contract. The Contractor shall make such documents available to the Court for inspection, copying, and auditing upon request. B. All records referenced in subsection (A) shall be maintained for a period of seven (7) years after completion of work or termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14, or unless a longer retention period is required by law. C. The Contractor shall provide access to its facilities, including those of any sub- contractor, to the Court, the state and/or federal agencies or officials at all Final KCDC Contract 12-03 4 12/04/03 reasonable times in order to monitor and evaluate the services providedwunder,this Contract. D. The Contractor agrees to cooperate with the Court or its designee in the evaluation of the services provided under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluation shall be maintained and disclosed in accordance with RCW Chapter 42.17. VI. CORRECTIVE ACTION If the Court determines that a breach of contract has occurred, that is the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the Court deems said breach to warrant corrective action, the following sequential procedure will apply: A. The Court will notify the Contractor in writing of the nature of the breach. B. The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the Court, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions. C. The Court will notify the Contractor in writing of the Court's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective plan shall be at the sole discretion of the Court. D. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the Court to be insufficient, the Court may commence termination of this Contract in whole or in part pursuant to Section IV.B. E. In addition, the Court may prohibit the Contractor from collecting further payments until the Court is satisfied that corrective action has been taken or completed. F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section IV, Subsections A, B, C, and D. VII. ASSIGNMENT/SUBCONTRACTING A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written Final KCDC Contract 12-03 5 12/04/03 , consent of the Court. Said consent must be sought in writing by the Contractor not less than fifteen (15) calendar days prior to the date of any proposed assignment. The Contractor shall require that any assignee or subcontractor have the same computer systems as the Contractor and the Court and must have the capability to interface with the Court to verify any outstanding account or debt. Subcontracting does not apply to any Contractor corporate entity or office. B. "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or(2) supplies. VIII. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent contractor, and neither the Contractor nor its officers, agents or employees are employees of the Court or King County ("County") for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County or Court employee under state or local law. Neither the Court nor the County assume any responsibility for the payment of any compensation, wages, benefits, or taxes by or on behalf of the Contractor, its employees and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the Court and the County and their officers, agents and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits or taxes; and/or (2) the supplying to the Contractor of work, services, materials, and/or supplies by Contractor employees or other suppliers in connection with or in support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the Court and County all indicated amounts following an audit exception which occurs due to the negligence, intentional act and/or failure for any reason to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract, or the Termination section. C. The Contractor shall protect, defend, indemnify, and save harmless the Court and the County, their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents. The Contractor agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, subcontractors or agents. Final KCDC Contract 12-03 6 12/04/03 • Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. D. For purposes of paragraphs A and C above, the Contractor, by mutual negotiation, hereby waives, as respects the County and Court only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. E. In the event the Court or the County incurs attorney fees and/or costs in the defense of claims within the scope of paragraphs A and C above, such attorney fees and costs shall be recoverable from the Contractor. In addition, the County and Court shall be entitled to recover from the Contractor attorney fees and costs incurred to enforce the provisions of this section. F. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. G. Nothing contained within this section shall affect and/or alter the application of any other section contained within this Agreement. IX. INSURANCE REQUIREMENTS A. By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property, including products-completed operations which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representative, employees, and/or subcontractors. The Contractor or subcontractor shall pay the cost of such insurance. The Contractor may furnish separate certificates of insurance and policy endorsements from each subcontractor as evidence of compliance with the insurance requirements of this Contract. For All Coverages: Each insurance policy shall be written on an "occurrence"form; excepting that insurance for professional liability, errors and omissions when required, may be acceptable on a "claims made"form. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the work which is the subject of this Contract. By requiring such minimum insurance coverage, King County, which for purposes of this Contract includes the Court, its employees, officers and agents, (hereinafter the "County) shall not be deemed or construed to have assessed the risks that may be Final KCDC Contract 12-03 7 12/04/03 applicable to the Contractor under this contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. B. Minimum Scope Of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number(CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY including Products and Completed Operations. 2. Professional Liability: Professional Liability, Errors and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions coverage shall be provided. 3. Automobile Liability: Insurance Services Office form number(CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of symbols 2, 8, and 9. 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington. 5. Employers Liability or"Stop-Gap": The protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the General Liability policy. 6. Crime Fidelity, Theft, Disappearance & Destruction Liability to include Employee Dishonesty, Wire Transfer, Forgery & Mail coverage Final KCDC Contract 12-03 8 12/04/03 C. Minimum Limits of Insurance The Contractor shall maintain limits no less than, for: 1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage, and for those policies with aggregate limits, a $2,000,000.00 aggregate limit. 2. Professional Liability, Errors and Omissions to include Legal/Collection coverage: $1,000,000.00 per claim/aggregate. 3. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Statutory Limits 5. Employers' Liability or"Stop Gap" coverage: $1,000,000.00. 6. Crime Fidelity, Theft, Disappearance & Destruction Liability to include Employee Dishonesty, Wire Transfer, Forgery & Mail coverage: Policy shall contain limits in an amount no less than $1,500,000.00. If Contractor discovers or is made aware of a Crime Fidelity loss of any kind of nature, Contractor shall notify King County within 30 days of discovering or being made aware of such loss. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County . The deductible and/or self-insured retention of the policies shall not limit or apply to the Contractor's liability to the County and shall be the sole responsibility of the Contractor. E. Other Insurance Provisions The insurance coverage(s) required in this Contract are to contain, or be endorsed to contain the following provisions: 1. General and Automobile Liability Policy( ): a. The County , its officers, officials, employees and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. b. The Contractor's insurance coverage shall be primary insurance as respects the County , its officers, officials, employees and agents. Any insurance Final Final Contract 12-05 9 12/05/03 employees or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. c. The Contractor's insurance coverage shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies: a. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) calendar days prior written notice, has been given to the County . F. Acceptability of Insurers Unless otherwise accepted by the County : Insurance coverage is to be placed with insurers with a Bests' rating of no less than A: VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and Omissions insurance coverage may be placed with insurers with a Bests' rating of B+:VII. Any exception must be approved by the County and/or Court. If at any time of the foregoing policies fail to meet minimum requirements, the Contractor shall, upon notice to that effect from the County , promptly, but in any event no more than five (5) days, obtain a new policy, and shall submit the same to the County , with the appropriate certificates and endorsements, for approval. G. Verification of Coverage The Contractor shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County and are to be received and approved by the County prior to the commencement of activities associated with the Contract. The County reserves the rights to require complete, certified copies of all required insurance policies at any time. If Professional Liability coverage is required under this contract, the Certificate of Insurance provided by the Contractor shall specifically state that the activities required under Contract#M10219M are included under this policy. Final KCDC Contract 12-03 10 12/04/03 H. Subcontractors The Contractor shall include all subcontractors as insureds under its policies, or shall furnish separate certificates of insurance and policy endorsements from each sub-contractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. X. CONFLICT OF INTEREST The Contractor agrees to the conditions of King County Code 3.04.120. King County Code Chapter 3.04 is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Further information regarding King County's Ethics policies may be obtained by contacting the King County Ethics Board at the address below: King County Ethics Board 900 Fourth Avenue, Suite 860 Seattle, WA 98164 206-296-1586 XI. PART 1 - NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment and Provision of Services. During the performance of this Contract, neither the Contractor nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. King County Code Chapter 12.16 and 12.17 is incorporated herein by reference, and such requirements shall apply to this Contract. B. Nondiscrimination in Subcontracting Practices. During the solicitation, award and term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in Court contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Compliance with Laws and Regulations. The Contractor shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Final KCDC Contract 12-03 11 12/04/03 RCW Chapter 49.60, Titles VI, VII of the Civil Rights Act of 1964, the American with Disabilities Act and the Restoration Act of 1987. The Contractor shall further comply fully with any affirmative action requirements set forth in any federal regulations; statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprises Opportunities - King County encourages the Contractor to utilize small businesses, including Minority- owned and Women-owned Businesses Enterprises ("M/WBEs") in County contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses, attempting to do business in King County, including M/WBEs, on solicitation, lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements •into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs. 4. Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including M/WBEs. 5. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the contract. 6 Using the services of available community organizations, Contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including MMBEs. 7. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. OMWBE may be reached at (360) 753-9693. E. Equal Employment Opportunity. The Contractor will implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance. F. Fair Employment Practices. King County Code Chapter 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. During the performance of this Contract, neither the Contractor nor any party Final KCDC Contract 12-03 12 12/04/03 subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; 3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4. Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 5. Employer, employment agency or a,labor organization to retaliate against any person because that person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; 6. Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030.C., or to segregate and separately designate advertisements as applying only to men and women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: a. The employer can show that requiring employees speak only English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. G. Record-Keeping Requirements and Site Visits. The Contractor shall maintain, for at least 7 years after completion of all work under this Contract, the following: Final KCDC Contract 12-03 13 12/04/03 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The Court may visit, at any time, the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the Court during such visits. In all other respects, the Contractor shall make the foregoing records available to the Court for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. H. Sanctions for Violations - Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by contract and by applicable law. XII. PART 2 - REQUIRED SUBMITTALS • A. Required Submittals Prior to Contract Execution. Prior to execution Contractor shall complete and submit the forms referenced as Exhibits D, E, F, G and H to this Agreement. Assistance with this Section, and copies of Chapters 12.16, 12.17 and 12.18, are available by contacting the King County Office of Business Relations and Economic Development (OBRED) at the address below. Please include the contract number in all correspondence. Office of Business Relations and Economic Development Business Development& Contract Compliance Section 516 Third Avenue, Mail Stop: KCC-EX-0402 Seattle, WA 98104-3271 Phone: (206) 205-0700 Other assistance is available by contacting the King County Procurement and Contract Services Section at the address below Procurement and Contract Services Section 821 Second Avenue, 8th Floor Seattle, WA 98104 Phone: (206) 263-4266 /263-4267 Final KCDC Contract 12-03 14 12/04/03 The Court will not execute any agreement or contract without prior receipt of fully executed forms listed in paragraph A above. XIII. PART 3 — COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED AND THE AMERICAN WITH DISABILITIES ACT OF 1990 The Contractor has completed a Disability Self-Evaluation Questionnaire for all programs and services offered by the Contractor (including any services not subject to this Contract); and has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504"), and the Americans with Disabilities Act ("ADA"). The Contractor shall complete a 504/ADA Disability Assurance of Compliance and it is attached as an exhibit to this Contract and is incorporated herein by reference. XIV. PROPRIETARY RIGHTS The parties to this Contract hereby mutually`agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Court. The foregoing shall not apply to existing training materials, consulting aids, check lists and other materials and documents of the Contractor, which are modified for use in the performance of this Contract. XV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY In accordance with King County Code 10.16, Contractors are required to use recycled and recyclable products, and both sides of paper sheets for printed and photocopied materials, whenever practicable, in fulfilling contractual obligations to the Court. XVI. WAIVER Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract. XVII. PUBLIC DISCLOSURE OF CONTRACTS This Contract shall be considered a public document and will be available for inspection and copying by the public. If the Contractor considers any portion of the items delivered to the Court to be protected under law, the Contractor shall clearly identify each such portion with words such as "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET." If a request is made for disclosure of such portion, the Court will determine whether the material Final KCDC Contract 12-03 15 12/04/03 should be made available under the law. If the material is not exempt from public disclosure law, the Court will notify the Contractor of the request and allow the Contractor twenty (20) days to take whatever action it deems necessary to protect its interests. If the Contractor fails or neglects to take such action within said period, the Court will release the portions of the Proposal deemed subject to disclosure. By submitting a Contract, the Contractor assents to the procedure outlined in this paragraph and shall have no claim against the Court on account of actions taken under such procedure. Contractor's failure to specifically identify items as "CONFIDENTIAL," "PROPRIETARY" or"BUSINESS SECRET" will not diminish Contractor's proprietary rights in its trade secrets and other confidential information identified in this Contract (including all Attachments and Exhibits), or otherwise identified, as trade secrets and/or confidential information; provided, if Contractor fails to specifically label protected items, the Court will not be liable to Contractor for inadvertently releasing such items pursuant to a disclosure request. XVIII. NOTICES Whenever this Contract provides for notice to be provided by one party to another such notice shall be in writing. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. Notice shall be provided to: King County District Court AllianceOne, Inc. Donna K. Brunner Susie Jensen Director, Budget& New Development Asst. Vice President, Gov't Sales 516 Third Avenue, Room W1034 6565 Kimball Drive, Suite 200 Seattle,WA 98104 Gig Harbor,WA 98335 206-296-3426 253-620-2208 Donna.brunner@metrokc.gov sjensen@alliedcredco.com NOTE:A copy shall also be sent to the Presiding Judge and Chief Administrative Officer at the same King County District Court address as above. XIX. CONTRACT AMENDMENTS Either party may request changes to this contract. Proposed changes, which are mutually agreed upon, shall be incorporated by written amendments to this contract. XX. APPLICABLE LAW Final KCDC Contract 12-03 16 12/04/03 This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXI. CAPTIONS The titles of any parts in this Contract are for convenience only and do not define or limit the contents. )(XII. BINDING EFFECT The provisions, covenants and conditions in this Contract apply to bind the parties, their legal heirs, representatives, successors, and assigns. XXIII. SEVERABILITY Any invalidity, in whole or in part, of any provision of this Contract shall not affect the validity of any other of its provisions. XXIV. REMEDIES CUMULATIVE Remedies under this Contract are cumulative, the use of one remedy shall not be taken to exclude or waive the right to use another. XXV. COOPERATIVE PURCHASING The Contractor may agree to sell additional services at the prices, terms and conditions of this Contract to other governmental agencies. The Court accepts no responsibility for purchases made by other governmental agencies. XXVI. AUTHORITY Each party has full power and authority to enter into and perform this Contract, and the person signing this Contract on behalf of each party has been properly authorized and empowered to enter into this Contract. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. Final KCDC Contract 12-03 17 12/04/03 / KING !/c TY D TRICT • i - : CONTRACTOR: I Ak, 0 g/1"; all204tADttx Signatu -L. _ Tht Signature Name;r3 tyjel .r .lint) �-)/ Name (Please type or print)1 ii.-‘it j Title / Title / Z - /D -Pi ia15)O3 Date Date OFFICE OF THE KING COUNTY P'OSECUTI G ATTORNEY , / ,U ,/,.&)% /4 / G.� ., p.r.... Sign- ure :Aim - 'lease u Air pr't) •. .,' ''_,:v.I -'ill -(74 L Title jc72 A o Date Final KCDC Contract 12-03 18 12/04/03 Exhibit A: MODIFICATIONS TO SCOPE OF WORK This Exhibit A to the Contract for Collection Agency Services for King County District Court("Contract") supplements,and in some cases modifies Section II of the RFP— Project Specifications and Scope of Work and the Contractor's Response to the RFP. It is intended to encompass those specific agreements reached during the course of the Parties' contract negotiations which are not otherwise contained in the Contract. Except to the extent modified by Contract or this Exhibit A, all other provisions of Section II of the RFP and Contractor's Response shall remain unchanged and define the scope of the Contractor's work. Where there are conflicts between these documents, the controlling documents will first be the Contract(including this Exhibit A)and any future amendments thereto,then the RFP and then the Contractor's Response to the RFP. A. District Court Locations The Contractor shall provide pre-collection, collection and collection related services for all locations of District Court. Currently such locations consist of: Shoreline,Redmond, Issaquah,Bellevue, Mercer Island, Seattle,Burien,Vashon Island, Kent, and the Regional Justice Center. These locations may be subject to change during the term of the contract. The services include but are not limited to collecting delinquent accounts, providing a bill pay service for individuals who cannot pay their obligations, including Probation fees,to the Court in full,and participating in the Relicensing Program. B. Customer Service in Collection Efforts Location of Primary Office: The Contractor shall maintain a local presence within the geographical jurisdiction of the Court. The Contractor's staff may be housed in Court locations as mutually agreed upon by the Court and the Contractor. Relicensing Program: The Contractor shall participate in the Court's Relicensing Program as outlined in the RFP and Contractor's Response to the RFP. If changes in the Relicensing Program occur,the Contractor agrees to cooperate with the Court and continue its support of the Program. Compliance with Law: The Contractor shall handle and process all accounts referred by the Court, in strict conformity with all applicable Federal and Washington State laws,and any applicable laws the Court may enact,including but not limited to: Washington State laws enacted or hereinafter amended governing collection agencies and practices,including but not limited to,Revised Code of Washington Chapter 19.16 "Washington State Collection Contractor Act", 1986 and"Unfair Business Practices Act" and 3.02"Use of Collection Agencies". Federal laws enacted or hereinafter amended governing collection agencies and practices, including but not limited to,the"Fair Debt Collection Practices Act"(15 U.S.C. 1692 et Exhibit A–Scope of Work 1 12/4/2003 seq.), and all applicable laws and regulations of the United States Postal Service and the Federal Trade Commission. The Contractor shall not initiate any legal action against debtors without the Court's prior written consent. C. Remittance The Contractor shall remit by electronic transfer to the appropriate court's bank account, the principal amount collected for the Court. Court remittances are to occur on a daily basis, for guaranteed funds,by electronic transfer on each business day following collection. Copies of remittance statements and deposit receipts shall be provided to the Court location. In the event other courts have"piggybacked"on the Court contract and the Contractor receives payment from a debtor who owes money to more than one court using the contract,payment shall be applied to the cases in date order beginning with the oldest case first. In the event that the Contractor receives payment from a debtor who owes money to other parties not related to the Court,the Contractor shall pay the Court first,unless specifically directed otherwise by the debtor. In the specific situations where legal action is pursued(i.e., suits and garnishments),the Contractor may first apply collection proceeds to recover related direct out-of-pocket costs. Where partial payments are involved,the Contractor shall prorate the proceeds between principal and the Contractor's collection fee. D. Bankruptcy,Garnishments,Legal Suits The Contractor will process garnishments for the Court in its name in District or Superior Court as permitted by local Court practice.The Contractor will not proceed to legal action without prior written authorization from the Court. The attorney selected to perform the legal work for King County District Court through the collection Contractor must be approved by the King County Prosecuting Attorney and be appointed a special deputy prosecuting attorney.The special deputy status may be extended or terminated at the discretion of the King County Prosecuting Attorney. E. Bankruptcy Procedures At the discretion of the Court,the Contractor shall process bankruptcy claims on behalf of the Court for those accounts referred to collection.Procedures for validation of the debt and reporting requirements will be agreed upon between the Court and the Contractor. Exhibit A—Scope of Work 2 12/4/2003 F. Personnel The Contractor and the Court will,through mutual agreement, determine an appropriate number of Contractor employees to place on-site in Court facilities. The Court shall provide space,telephone and data lines for Contractor personnel; Contractor shall provide its own hardware and software for connectivity to its system. The Parties will meet periodically to assess the needs of the Court and evaluate Contractor's personnel performance. The Contractor shall require that its on-site personnel be present during the Court's hours of operation,and follow the Court's Code of Ethics,and confidentiality policies(copies of which shall be furnished to the Contractor). The Contractor acknowledges and agrees that all on-site Contractor personnel shall be subject to a background check. Nothing herein is intended to displace the Contractor's obligation to manage and supervise its employees assigned to Court facilities. In the event the Court believes an on- site employee of the Contractor failed to follow the foregoing Code of Ethics and confidentiality policies,the Court shall contact the Contractor and the Contractor shall take all appropriate steps to address the Court's concern. It is also not the intent of the Parties to limit the Contractor from requiring its employees to work at other locations during Court-observed holidays. Exhibit A—Scope of Work 3 12/4/2003 REQUEST FOR PROPOSAL PROPOSAL NUMBER: 139-03RLD Finance and Business Operations Division PROPOSAL August 7, TIME: 2:00 P.M. Procurement and Contract Services Section OPENING DATE: 2003 Department of Executive Services EXC-ES-0825 Exchange Building,8th Floor s� % >�E rrrr p King County 821 Second Avenue t : r --,, I r � 4 , Seattle,WA 98104-1598 �� `°y li 1 ' 206-684-1681 t r 9w4 • www.metrokc.gov 206-684-1147 Fax /'L k ri a TTY Relay: 711 • DATE ADVERTISED: July 17, 2003 REQUISITION#: PP14276 TITLE: COLLECTIONS SERVICES KING COUNTY DISTRICT COURT (IN CONJUNCTION WITH SEATTLE MUNICIPAL COURT) Sealed proposals are hereby solicited and will be received only at the office of the King County Procurement Services Section at 821 Second Avenue, 8th Floor, Seattle, Washington, 98104 no later than 2 p.m. Thursday, August 7, 2003, for Collection Services for the King County District Court(with possible use by the Seattle Municipal Court). These services shall be provided to King County in accordance with the following and the attached instructions, requirements, and specifications. Submittal: King County requires the Proposer to sign and return this entire Request for Proposal(RFP) docu- ment. The Proposer shall provide one unbound original and ten (10) copies of the proposal response, data or attachments offered, for eleven (11) items total. The original shall be noted or stamped "Original". Pre-Proposal Conference: A conference to discuss questions related to this RFP shall be held at 10:00 a.m. on Wednesday, July 30, 2003 at the address above. Questions: After the Pre-Proposal Conference, Proposers will be required to submit any further questions in writing prior to the close of business Wednesday, July 30, 2003 in order for staff to prepare any response re- quired to be answered by Addendum. Questions are best received and most quickly responded to when sent via e-mail directly to the following King County procurement personnel: Primary—Roy L. Dodman, Senior Buyer rov.dodmane,metrokc.gov/Secondary—Cathy Betts, Buyer cathy.bettsa,metrokc.gov Questions may also be sent via fax or mail to the address above. NOTE:INFORMATION WITHIN BORDERED AREA MUST BE COMPLETED AND SIGNED. This document can be made available from the ADA Liaison,at(206)684-1681 or TDD(206)296-0100,in large print,audio cassette,or Braille LEGAL NAME OF OFFEROR/CONTRACTOR(PRINT OR TYPE) NAME OF AUTHORIZED REPRESENTATIVE(PRINT OR TYPE) STREET TITLE CITY STATE ZIP SIGNATURE TELEPHONE NUMBER FAX NUMBER E-MAIL ADDR EXHIBIT B RFP No. 139-03RLD Page 2 • SECTION I - GENERAL INFORMATION A. King County is an Equal Opportunity Employer and does not discriminate against individuals or firms be- cause of their race, color, creed, marital status, religion, age, sex, national origin, sexual orientation, or the presence of any mental, physical or sensory handicap in an otherwise qualified handicapped person. B. All submitted proposals and evaluation materials become public information and may be reviewed by appointment by anyone requesting to do so at the conclusion of the evaluation, negotiation, and award process. This process is concluded when a signed contract is completed between King County and the selected Consultant. Please note that if an interested party requests copies of submitted documents or evaluation materials, a standard King County copying charge per page must be received prior to processing the copies. King County will not make available photocopies of pre-printed brochures, catalogs, tear sheets or audio-visual materials that are submitted as support documents with a proposal. Those materials will be available for review at King County Procurement. C. No other distribution of proposals will be made by the Proposers prior to any public disclosure regarding the RFP, the proposal or any subsequent awards without written approval by King County. For this RFP all pro- posals received by King County shall remain valid for ninety(90) days from the date of submittal. All pro- posals received in response to this RFP will be retained. D. Proposals shall be prepared simply and economically, providing a straightforward and concise but complete and detailed description of the Proposer's abilities to meet the requirements of this RFP. Fancy bindings, colored displays and promotional materials are not desired. Emphasis shall be on completeness of content. E. King County reserves the right to reject any or all proposals that are deemed not responsive to its needs. F. In the event it becomes necessary to revise any part of this RFP, addenda shall be created and posted at the King County Procurement web site. Addenda will also be conveyed to those potential submitters pro- viding an accurate e-mail address. If desired, a hard copy of any addenda may be provided upon request. G. King County is not liable for any cost incurred by the Proposer prior to issuing the contract. H. A contract may be negotiated with the Proposer whose proposal would be most advantageous to King County in the opinion of the King County District Court, all factors considered. King County reserves the right to reject any or all proposals submitted. I. It is proposed that if a selection is made as a result of this RFP, a contract with a fixed price/prices will be negotiated. Negotiations may be undertaken with the Proposer who is considered to be the most suitable for the work. This RFP is primarily designed to identify the most qualified firm. Price and schedule will be nego- tiated with the"first choice" Proposer; negotiations may be instituted with the second choice and subse- quent Proposer until the project is canceled or an acceptable contract is executed. J. This RFP shall be available for use by all King County Departments, Divisions and Agencies. If orders will be placed by the County's Transit Division, the Contractor will be required to sign and comply with the Fed- eral Transit Administration's (FTA)'s required documentation. K. The contents of the proposal of the selected Proposer shall become contractual obligations if a contract en- sues. Failure of the Proposer to accept these obligations may result in cancellation of their selection. L. A contract between the Consultant and King County shall include all documents mutually entered into spe- cifically including the contract instrument, the RFP, and the response to the RFP. The contract must include, and be consistent with, the specifications and provisions stated in the RFP. M. News releases pertaining to this RFP, the services, or the project to which it relates, shall not be made without prior approval by, and then only in coordination with, the King County Department of Executive Ser- vices. N. King County Code 4.16.025 prohibits the acceptance of any proposal after the time and date specified on the Request for Proposal. There shall be no exceptions to this requirement. RFP No. 139-03RLD Page 3 O. King County agencies' staff are prohibited from speaking with potential Proposers about the project during the solicitation. Please direct all questions to: Roy L. Dodman/ Senior Buyer or Cathy M. Betts/ Buyer (206) 263-4266 (206) 263-4267 rov.dodmanmetrokc.gov cathv.betts(c�metrokc.aov NOTE: Documents and other information is available in alternate formats for individuals with disabilities upon advance request by calling Mary Lou Allwine at 206-296-4210 or TTY711. P. Protest Procedure - King County has a process in place for receiving protests based upon either proposals or contract awards. If you would like to receive or review a copy, please contact the Buyer named on the front page of this document or call Procurement Services at 206-684-1681. Q. Term Service Requirement If a contract is awarded based on this RFP, it may contain the following provision: Contract Extension The initial contract period will be for three (3) years from the start date of the contract. The term of the contract may be extended in one (1) year increments for two (2) additional one-year periods for total contract duration of five (5) years, in accordance with the County's best interest and at the sole option of the County. Prices shall remain firm for the duration of the contract period. Reasonable price changes based on market conditions and price/cost analysis may be requested, if such escalations are based on changes in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers ("CPI-U") for the Seattle-Tacoma-Bremerton Statistical Metropolitan Area for the preceding calendar year. You may obtain information about the CPI-U in general and the Seattle area in particular by visiting the United States Bureau of Labor Statistics web site at http://www.bls.aov/cpi/. In the event the CPI-U (or a successor or substitute index) is no longer published, a reliable government or other non-partisan index of inflation selected by the County shall be used to calculate any adjusted amounts. Requests for any such changes are to be made in writing to the King County District Court, and approved by the County Executive or his/her designee. Any agreed-to change shall take effect at the time of the contract extension and shall remain in effect throughout the extension period. The parties hereto recognize that such changes could be increases or decreases in the prices; both parties are entitled to benefit from such price changes. R. Electronic Commerce and Correspondence. King County is committed to reducing costs and facilitating quicker communication to the community by using electronic means to convey information. As such, most Invitations to Bid and Requests for Proposal, as well as related exhibits, appendices, and issued addenda can be found on the King County Internet Web Site, located at http://www.metrokc.gov/finance/procurement. Please refer to the"RFPs, RFQs & ITBs/ New/Consultants" portion of the site (note: some documents or portions thereof may not be posted on the site. Please note any special messages regarding a particular solicitation). This information is posted at the Web Site as a convenience to the public, and is not intended to replace the King County process of formally requesting bid documents and providing the County with contact information for the potential proposer. Each proposer bears the responsibility to confirm the com- pleteness and accuracy of all documents pertaining to a given solicitation, including the receipt of all issued addenda. If a proposer downloads a document from the Web Site and does not contact the Procurement Office to ob- tain a hard copy, the proposer must use the "Feedback" (Envelope) button at the bottom of the Web page to convey the proposer's company name, contact name, mailing address, and phone/fax number to the County. Please note which document/documents were downloaded. RFP No. 139-03RLD Page 4 After proposals have been opened in public, the County will post a listing of the consultants submitting pro- posals at the King County Internet site. Please refer to the "RFPs, RFQs & ITBs/Awarded / Consultants" portion of the site for a listing, as well as a notification of a final award. Unless otherwise requested, letters and other transmittals pertaining to this RFP will be issued to the e-mail address noted in our files, and after submittal, noted on the first page of this document. If other personnel should be contacted via e-mail in the evaluation of this proposal, or to be notified of evaluation results, please complete the information in the table below. Contact Name Title Phone E-mail address Susie Jensen AVP Government Sales (253) 620-2208 sjensen@alliedcredco.com S. Washington State Public Disclosure Act (RCW 42.17) requires public agencies in Washington to promptly make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. T. Proposals submitted under this RFP shall be considered public documents and with limited exceptions pro- posals that are recommended for contract award will be available for inspection and copying by the public. If a Proposer considers any portion of his/her proposal to be protected under the law, the Proposer shall clearly identify on the page(s) effected such words as "CONFIDENTIAL," PROPRIETARY" or BUSINESS SECRET." The Proposer shall also use the descriptions above in the following table to identify the effected page number(s) and location(s) of any material to be considered as confidential (attach additional sheets as necessary). If a request is made for disclosure of such portion, the County will determine whether the mate- rial should be made available under the law. If the material is not exempt from public disclosure law, the County will notify the Proposer of the request and allow the Proposer ten (10) days to take whatever action it deems necessary to protect its interests. If the Proposer fails or neglects to take such action within said period, the County will release the portion of the Proposal deemed subject to disclosure. By submitting a Proposal, the Proposer assents to the procedure outlined in this paragraph and shall have no claim against the County on account of actions taken under such procedure. Type of exemption Beginning Page/Location Ending Page / Location Proprietary—SCMS program 22 22 description Proprietary—SCMS Program Exhibit D Exhibit D Packet Confidential —References 56 59 Proprietary— Innovative 64 64 Solutions U. Proposers are urged to use recycled/recyclable products and both sides of paper for printed and photocop- ied materials, whenever practicable, in preparing responses to this RFP. V. Bid Identification Label: Please see the Bid Identification Label on the last page of this document. • RFP No. 139-03RLD Page 5 SECTION II — PROJECT SPECIFICATIONS AND SCOPE OF WORK. PART 1 — SUMMARY The purpose of this RFP is to solicit proposals from professional collection service agencies, hereinafter referred to as the "Contractor", to provide King County District Court and related services under contract with King County District Court, hereinafter referred to as "District Court", to facilitate payments on pre-collection and delinquent collection accounts owed to the District Court. This is a request for proposal. The specification and scope of work define the Court's needs, as they presently exist. However, the Court is looking for proposals. Contractors may have ideas or systems that allow the Court to meet its goals of having defendants comply with Court orders and have the necessary information to properly handle the cases and monitor performance of the contract. The District Court strongly encourages the Contractor to propose ideas that may be outside the scope of work but may enhance the Court's efficacy and efficiency. Because of parallel goals, the Seattle Municipal Court is actively assisting King County in the procurement process, and strongly intends to use, via cooperative purchasing, the contract resulting from this RFP. Information specific to the Seattle Municipal Court is included for informational purposes beginning with part 6 of this document. Additionally, it is the intent of the RFP process that other public agencies of Washington State may use the results of this RFP, pursuant to Revised Code of Washington Interlocal Cooperation Act, RCW 39.34. Please note that while it is the intention of the agencies cooperating in this solicitation to award individual contracts to a single vendor selected via this RFP, there is no guarantee that all agencies will elect to either contract with the same vendor, nor enter into any contract at all. A. Needs The District Court needs pre-collection, collection and collection related services. The goal of the Court is to keep defendants in compliance with court orders. The Court needs the Contractor to collect delinquent accounts. It also wants the Contractor to help avoid accounts becoming delinquent by providing a bill pay service for individuals who cannot pay their obligations including Probation fees to the Court in full. The King County District Court has developed its own program in conjunction with other jurisdictions to facilitate the reinstatement of Washington State drivers' licenses. The Contractor agrees to participate in the program adopted by King County District Court acting on its own jurisdiction or in conjunction with other jurisdictions. The Relicensing Program includes such measures as release of Failure To Appear(FTA's) on the driving record by the Contractor while regular monthly payments are made to the Contractor subsequent to account referral, or may involve canceling such accounts entirely, without costs, and fully participate in any modifications to the Relicensing Program. The Contractor shall staff all Relicensing Program calendars. B. Collection Efforts The District Court is customer service oriented and respects all its citizens. The District Court firmly believes in a positive approach in dealing with debtors. The Contractor shall not use tactics which may be interpreted as harassment or as demeaning or which may reflect poorly on the District Court's efforts. The District Court will review and disallow any collection enforcement procedures not consistent with the District Court's desires. However, the Contractor shall not construe this as the District Court making a judgment on the legality of methods employed. The District Court requires the collection Contractor to exercise high ethical standards in their collection philosophy and techniques. The Contractor shall conduct its collection business in a professional manner, which will preserve the dignity of the District Court and its relationship with its citizens. King County District Court requires the Contractor to maintain a local primary office within the geographical jurisdiction of the District Court. The Contractor shall assign a specific point of contact for communications between King County District Court and the Contractor. The Contractor shall staff all RFP No. 139-03RLD Page 6 Relicensing Program calendars. The Contractor will keep accounting records in such manner as to be able to identify all accounts and monies collected as a result of participation in the Relicensing Program. The collection Contractor shall exercise its best, prudent and lawful efforts to secure collections on all accounts referred by the District Court. All collection activities shall be in compliance with all Federal and Washington State laws including those set forth in Subsection K of this section below, and any applicable court rules the District Court may enact. The Contractor shall not initiate any legal action against debtors without the District Court's prior written consent. C. Pre-Collection Time Payment Monitoring The Contractor shall provide a pre-collection service whereby defendants are monitored on a monthly payment plan for fines, fees and probation fees imposed by the Court. The charge for this service will be borne by the defendant and should include at a minimum: confirmation of payment plan; monthly payment invoices; action to be performed if a payment becomes delinquent, in default and/or reinstatement; remittance to the Court; and reporting. D. Probation Courts are authorized to assess Probation fees on the Probationer to recover the costs of Probation services. Probation fees are collected pursuant to Section C of this Scope of Services. The Contractor will keep accounting records in such manner as to be able to identify all accounts and monies collected as a result of probation fees. E. Records The Contractor shall maintain a complete, separate and detailed record of each account (using the District Court's case number), including all collection actions taken for related transactions, and communications, for a period of no less than seven (7) years after termination of collection action on each account. The Contractor up to seven (7) years after the termination of the contract for services shall grant inspections by the District Court, or its authorized representative, of these records during reasonable business hours. The Contractor shall employ a Certified Public Accounting firm to perform an annual financial audit of the Contractor. A copy of the audit report and any information, e.g., the management letter or auditor comments, relevant to the Contractor's fiscal/management practices affecting or having the potential to affect the performance of services described in this RFP and resulting contract shall be forwarded to the King County District Court on an annual basis for each year or part thereof covered by the contract for services F. Confidentiality Data files of the District Court are of confidential nature. The Contractor's employees assigned to these cases shall be allowed access to these files as needed for their duties related to the contract. These files shall not be co-mingled with other collection files. The contractor shall maintain positive policies and procedures for safeguarding the confidentiality of such data. Contractor may be liable civilly or criminally under privacy legislation for release of such information. The Contractor shall maintain confidentiality of all documents and information provided to the Contractor by the District Court pursuant to this agreement, except as to disclosure required by State and Federal laws and regulations. All of Contractor's staff working the Relicensing Program calendars shall sign a Confidentiality Agreement for DISCIS use. RFP No. 139-03RLD Page 7 • G. Nature of Referral The Contractor shall not have full rights to the accounts and shall only be able to pursue collections on behalf of the District Court. The District Court will not provide copies of citations, time-pay agreements, or other documentation or accounts to the Contractor. The District Court will make every effort to provide all pertinent information to the Contractor through the account referral data. The Contractor shall have the ability to update account status and balances electronically for canceled accounts which are re-activated and accounts that are increased or adjusted or as required by the District Court. The King County District Court shall provide copies of documentation as required by the Contractor to i respond to debtors' requests. The District Court may, at its sole option, send the 30-day pre-referral notice on selected delinquent accounts. H. District Court The King County District Court will provide copies of documentation as required by the Contractor to respond to debtors' requests. The Court may cancel an account at anytime without any cost incurred, and e-mail/fax a Cancel and Return Form identifying specific case name and case number to District Court, who will coordinate with the Contractor. I. Pre-Referral Notices/Producing & Mailing The District Court locations will notify the Contractor by electronic means of cases in pre-collection status. The Contractor will then print the 30-day pre-referral notices and mail to the debtor at the Contractor's expense. The return address on the 30-day pre-referral notice mailing envelopes will be that of the Contractor. The Contractor will retain all returned mail delivered from the 30-day notices and will update its files with current information. The amount listed for collection will reflect the past due balance. Each account shall have demographic information that lists the name, address, residence and business phone, DOB, case number,jurisdiction code, case type and payment arrangements as established in the court order. The Contractor shall generate a Notice-of Default for each new case listed, with language notifying the debtor that on-going monthly delinquencies shall continue to be transferred from the Court to the Contractor. New monthly delinquencies will transfer to the Contractor and be matched to the existing case on a monthly basis. No other debtor notice shall be necessary for monthly balance updates. Payment arrangements will be for the past due balance in full. Failure to keep payment arrangements may result in garnishment or wage assignment, if assets are located, once entire balance of the delinquent account has been referred. J. Account Referrals/Method for District Court The Contractor shall not automatically roll over accounts from pre-referral status to King County District Court on the 31st day. The Court will generate a file notifying the Contractor of all accounts to be changed RFP No. 139-03RLD Page 8 from pre-referral to active status. The Contractor shall have the ability to receive the information electronically. The Contractor shall have the computer capability to accommodate electronic transfers as well as manual and automated on any electronic media the District Court selects to use. Payments received by the District Court in response to the 30-day pre-referral notices shall not be subject to collection Contractor fees, nor shall the District Court be charged for the Contractor's services for those accounts, which are in pre-referral status. K. Remittance Upon presentation of proof by the debtor to the collection Contractor or to the District Court the check has cleared the bank, the Contractor shall be required to remit the held funds to the District Court immediately. In the event other courts have piggybacked on the District Court contract and the Contractor receives payment from a debtor who owes money to more than one court using the contract, it is the preference that money be applied to the cases in date order beginning with the oldest case first. In the event that the Contractor receives payment from a debtor who owes money to other parties not related to the District Court, the Contractor shall pay the District Court first, unless specifically directed otherwise by the debtor. In the specific situations where legal action is pursued (i.e., suits and garnishments), the Contractor may first apply collection proceeds to recover related direct out-of-pocket costs. Where partial payments are involved, the Contractor shall prorate the proceeds between principal and the Contractor's collection fee. L. Time Payments The District Court requires the Contractor to allow for time payment agreements in its collection procedures and place this statement on all collection notices. The substance of these policies must meet the District Court's standards as well as any statutory requirements and approval as far as scope and time frame. The minimum time payment may be arranged in accordance with statutory requirements provided the debtor provides the Contractor with information required by the American Collectors Association as specified within the Seven Step Collection Call. This information must be stated on the contractor collection notices. Debtors' refusal to provide information requested by the Contractor shall be put in the account memos and made available to the District Court. The debtors of District Court may request payments be applied to a specific District Court location account. The Contractor shall remit by electronic transfer to the appropriate court's bank account, the principal amount collected for the Court. Court remittances are to occur on a daily basis, for guaranteed funds, by electronic transfer on each business day following collection. Copies of remittance statements and deposit receipts shall be provided to the District Court location. M. System Capabilities/Reporting The Contractor shall utilize a comprehensive computerized system to manage and account for actions taken on the accounts referred by the District Court. The Contractor shall have the computer capability to support automated account referrals and reporting on the current status of accounts (e.g., tape-to-tape, disk-to-tape, disk-to-disk, etc.), compatible with the District Court's computer system as required by the District Court. RFP No. 139-03RLD Page 9 • The Contractor, at its own expense, shall install and provide the District Court with the appropriate computer equipment and direct communications link with the Contractor's computer system to allow immediate on- line inquiry on the current status of accounts referred. The Contractor, at its own expense, will also be responsible for meeting the District Court's changing needs, to take advantage of future enhancements, or for technological improvements. The proposal shall provide a description of all essential systems that support the technical processes described in the RFP including: 1. Description of the information and communication technology system's hardware 2. Description of the safeguards utilized to protect sensitive data 3. Description of the information technology's software and its adaptability to King County District Court 4. Description of the communications system proposed to be used by King County District Court to access cases in active collections 5. Description and credentials of the data processing personnel committed to the program 6. Description of operational plan for recovery from a major disaster N. Reporting The Contractor shall have a comprehensive computerized system to report account status, collection statistics and other information as required by the District Court on a daily, weekly, monthly, quarterly and annual basis and additional reports that may be required by the District Court. The Contractor will compile reports in such a manner as to be able to identify all accounts and monies collected as a result of participation in the Relicensing Program and by case jurisdiction. The Contractor shall maintain confidentiality of all documents and information provided to the Contractor by the District Court pursuant to this agreement, except as to disclosure required by State and Federal Laws and regulations. The Contractor shall be flexible in accommodating program changes as required by the District Court. Exhibit B is a list of suggested reports that may be required. Daily remittance reports, in a format responsive to the District Court's needs, shall accompany the payments to District Court. Reports relating to monthly, quarterly and annual statistics shall be available within no more than five (5) working days after completion of the appropriate period. Reports must be system generated and available to District Court through direct communication link with the Contractor's computer system. The District Court shall also have the capability to print these reports at its location as needed. Report information required should include all requirements of appropriate report listed above, but not be limited to the following: The Debtor's Name Account or Case# Date Paid Amount Paid Balance Due Account Status RFP No. 139-03RLD Page 10 O. Report Descriptions Please see "Attachment B" of this document P. Reporting to Credit Bureau - Disputed Accounts The Contractor shall report all uncollected accounts to the major credit bureau(s). Such reporting must be in accordance with all applicable Federal and Washington State laws including, but not limited to, the Fair Debt Collection Practices Act, Federal Equal Credit Opportunity Act, Regulation Z and the Consumer Credit Protection Act, as now in effect or hereafter amended. Accounts cannot be reported to a credit bureau until the Contractor has worked the account for 60 days. In addition, at the request of the District Court, the Contractor is required to remove notification from all affected bureaus and provide a copy of that notification to the District Court on any particular account. In accordance with the Fair Credit Reporting Act, the District Court requires that the District Court will cancel accounts from each credit bureau upon request. • Transunion 400- 112th Ave. N.E. Bellevue, WA 98004 • TRW 1065 E. Hillsdale Blvd. Foster City, CA 94404 • CBI P.O. Box 6999 Bellevue, WA. 98008 Q. Disputed Accounts The Contractor shall accept and process all written disputes in compliance with all Federal and State Statutes. The District Court will work with the Contractor to validate the debt. A Proposers response shall include the Contractor's description of their dispute resolution process. R. Bankruptcy, Garnishments, Legal Suits For all accounts referred, the Contractor shall be responsible for initiating legal actions to reduce to judgment any debt owed to King County District Court that is not already a judgment for filing claims and representing King County District Court in any bankruptcy and for filing garnishments if necessary. The attorney selected to perform the legal work for King County District Court through the collection Contractor must be approved by the King County District Court Prosecuting Attorney and be appointed a special deputy prosecuting attorney. The special deputy status may be extended or terminated at the discretion of the King County District Court Prosecuting Attorney. After all efforts of the collection process have been exhausted, the Contractor may garnish on accounts with judgments. RFP No. 139-03RLD Page 11 S. Procedures for Garnishment Follow procedures as set by District Court in accordance with all statutes, rules and case law. Exhibit C indicates the standard procedures as of today. District Court reserves the right to change the procedures at any time. T. Bankruptcy Procedures 1. The Contractor shall process bankruptcy claims on behalf of King County District Court for those accounts listed with them. 2. The Contractor shall notify King County District Court of claim by request letter for billing information and forward a copy of each request to King County Financial Management Services. 3. The Contractor shall notify King County District Court upon receiving the letter of dismissal or discharge from the bankruptcy court and forward a copy of each letter to King County Financial Management Services. U. Personnel In performing the scope of services, the Contractor shall utilize properly trained staff and adequate facilities capable of properly and expeditiously pursuing all District Court accounts referred. The District Court requires that the Contractor assign a King County District Court service manager to this contract who shall be responsible for the local collection staff and overall performance of the Contractor. No reassignment of the agreed upon project manager will be allowed without a full resume submitted to the District Court and agreement by the District Court. The Contractor shall retain on file a record indicating that all Contractor collection personnel have read and understand all provisions of the Fair Debt Collection Practices Act and any other laws regulating their activities, as now in effect or hereafter amended. All Relicensing Program staff shall sign a Confidentiality Agreement for DISCIS use. V. Legal Requirements The Contractor shall handle and process all accounts referred by the District Court, in strict conformity with all applicable Federal and Washington State laws, and any applicable laws the Court may enact, including but not limited to: Washington State laws enacted or hereinafter amended governing collection agencies and practices, including but not limited to, Revised Code of Washington Chapter 19.16 "Washington State Collection Contractor Act", 1986 and "Unfair Business Practices Act" and 3.02 "Use of Collection Agencies". Federal laws enacted or hereinafter amended governing collection agencies and practices, including but not limited to, the "Fair Debt Collection Practices Act" (15 U.S.C. 1692 et seq.), and all applicable laws and regulations of the United States Postal Service and the Federal Trade Commission. The Contractor shall list in their bid proposal all Federal, State or Local Government Judgment award(s) against the Contractor; it's parent or holding company and or affiliated collection agencies within the last five years. W. Volume The account referred will consist of fines, fees, civil penalties, restitution, abatement costs, past due accounts, and NSF Checks. See Section IV for further details. The following inventory totals are estimates. King County District Court will not be held responsible for their accuracy. RFP No. 139-03RLD Page 12 Below is a table showing the number of accounts transferred and the dollar amounts collected on these same accounts. Year Accounts Referred Dollars Collected 2001 34,493 $4,192,716 2002 30,199 $4,416,394 Jan-May 2003 11,351 $1,863,084 Over the time period of April 2002 through April 2003, District Court has transferred for pre-collection time payment services approximately 8,044 accounts and the current Contractor collected approximately $335,397 during that same time period on these District Court accounts. Transferring probation fees for pre-collection time payment services is a new procedure. District Court has no historical data on collection amounts. District Court anticipates referring approximately 2,800 cases annually for pre-collection time payment services on a monthly basis. The Contractor shall state any restrictions, such as minimum dollar amount per account referred, maximum age of accounts accepted, and types of accounts not accepted in their bid proposal. If a vendor different from the current Contractor is awarded this contract, District Court currently has the intention to: 1) recall existing judgments from the current contractor and reassign them to the new vendor; and 2) refer any accounts that have previously been returned by the current contractor as uncollectible or accounts that the Court has otherwise recalled from the current vendor. X. Subcontractors The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of King County District Court. Said consent must be sought in writing by the Contractor not less than fifteen(15) days prior to the date of any assignment. Any request by the Contractor must be pre-approved in writing by King County District Court fifteen (15) days prior to the date of any assignment. Any assignment or use of a subcontractor shall be required to have the same computer system as the Contractor and the District Court computer systems and must have the capability to interface with the District Court to verify any outstanding account or debt. Y. Performance Capability Agencies responding to this RFP shall submit: • Documentation certifying the Contractor is licensed to successfully perform collection services within the State of Washington, Nationwide, and in Canada. • Documentation which demonstrates that the Contractor has technological capability and resources to perform the scope of services as delineated in this RFP, and the ability to provide services beginning no more than thirty days from the bid award date. The Contractor shall provide a detailed implementation plan. • Information on the type of computer system used to support the scope of services, including but not limited to, automated data transfers to support account referrals and reporting, and automated account status tracking, remote access, systems integration with sub-Contractors and reporting. Review of this information by the District Court shall not be construed as a buy off on the adequacy of the Contractor's computer system. The Contractor shall be solely responsible for meeting the computer automation requirements as delineated in this contract. RFP No. 139-03RLD Page 13 • The Proposer's response shall include an outline of procedures and past experience in garnishment of court accounts; obtaining civil judgments; and filing for bankruptcies for both dischargeable and non- dischargeable debts. • A specific and detailed plan of the collection services to be offered, including the specific procedures to be employed, time frame of the various activities, accounts referral procedures (including the handling of manual referrals), and anticipated recovery at one year and at two year intervals from the date of program inception based on figures listed under W -volume. • A specific and detailed plan of the pre-collection time payment services for both court fines and fees and probation related fees to be offered, including the specific procedures to be employed, time frame of the various activities, accounts referral procedures (including the handling of manual referrals), and anticipated recovery on a monthly basis. Please include any experience your agency has in providing a pre-collection time payment program for a court jurisdiction. • A Proposers response shall include at least three references (with contact names and addresses for District Court verification) of other governmental agencies or private companies for which services, similar to the complexity of services and volume of listings contemplated in this RFP, have been provided. • Information as to success in collection experience (i.e., recovery factor) and time period shall be provided. The recovery factor shall be expressed by the following 4 criteria, state the time frame used in each statistic: 1. Dollars collected to dollars referred 2. Number of accounts fully collected to total accounts referred 3. Number of accounts partially collected to total accounts referred 4. Percentage of collections for referred accounts within 30, 60, 90 days and beyond. Z. Performance Indicators The Contractor shall forward to the District Court performance indicators that reflect 1) an expectation that the Performance Capacity indicated in above-section Y is being realized and 2) comparison of account activity and recovery rates for similar governmental agencies. AA. Contractor Fees/Cost The Proposer shall clearly state the fee for each account or categories of accounts. The stated fee shall cover any and all costs incurred by the Contractor for the performance of comprehensive collection services as contemplated in this contract, e.g., including skip trace costs. No fee shall be charged for accounts not collected. For all accounts referred by the District Court, unless otherwise instructed by the District Court, the Contractor fee shall be added by the Contractor to the principal amount of the debt, collected by the Contractor from the debtor, and deducted by the Contractor prior to remitting the principal amount to the District Court, as presently authorized by state law. Should there be changes in laws or District Court policy which prescribe/allow a different method for recovering collection Contractor fees, the Contractor shall modify its methods accordingly, upon instruction from the District Court. RFP No. 139-03RLD Page 14 The Contractor shall accrue interest on penalties, fines, bail forfeitures, fees and costs at the rate of twelve percent per annum upon assignment to collections from the District Court and only while in active collection status. All interest collected will be retained by the District Court. BB. District Court locations For all District Court locations' accounts referred by the District Court, the Contractor fee shall be added by the Contractor to the principal amount of the debt, collected by the Contractor from the debtor, and deducted by the Contractor prior to remitting the principal amount to the District Court, as presently authorized by State law and an enabling District Court order. CC. District Court locations Accounts Account's Paid In Full Amount owed to the Court $100 Contractor fee (assume 20%) $20 Total amount collected $120 Contractor remits to the District Court $100 Contractor retains $20 Partial Payments Amount owed to the Court $100 Contractor fee (assume 20%) $20 Total amount due $120 Partial payment collected $90 Contractor remits to the District Court (100/120 X 90) $75 Contractor retains (20/120 X 90) $15 DD. Uncollected Accounts The Contractor shall return accounts as uncollectible either at the request of the District Court or when collection authority expires. EE. New and Innovative Programs It is in the best interest of both the District Court and the Contractor that the Court operates in the most efficient manner. The Contractor needs to be a partner in developing new programs and improved operating procedures. PART 2— DESCRIPTION OF ACCOUNTS The following provides a description of the type of accounts presently being referred for billing and collection services. This is not a complete and exhaustive list and the District Court may refer other accounts deemed necessary for billing and collection services. A. District Court Accounts: RFP No. 139-03RLD Page 15 1. Criminal Non-Traffic Violations: Accounts that are not paid in full within 30 days are referred for monthly billing services. Receivables that are 30 days or more past the due date are considered delinquent. Upon receiving notice from the District Court on these accounts, the collection Contractor will mail 30- day pre-referral notices to the debtors in compliance with RCW 19.16.50b.Refer to section III, paragraph d on all accounts that have had no response to the notice at the end of the 30 days. 2. Criminal Traffic Violations: Accounts that are not paid in full within 30 days are referred for monthly billing services. Receivables that are 30 days or more past the due date are to be considered delinquent. Upon receiving notice from the District Court on these accounts, the collection Contractor shall mail 30-day notices to the debtors in compliance with RCW 19.16.500. Refer to section III, paragraph d on all accounts that have had no response to the notice at the end of the 30 days. 3. Traffic Infractions- Civil Penalties: Accounts that are not paid in full within 30 days are referred for monthly billing services. Infractions with "Failure to Respond" (FTR) status are considered delinquent 15 days from the date of the infraction. The Court places the account in FTR status and notifies the Department of Licensing (DOL). Upon receiving notice from the District Court on these accounts, the collection Contractor shall mail 30-day notices to the debtors in compliance with RCW 19.16.500. Refer to section III, paragraph don all accounts that have had no response to the notice at the end of the 30 days. 4. Probation Fees: Probation fees are for services rendered and are imposed on a monthly basis. Accounts are referred for monthly billing services. Receivables that are 30 days or more past the due date are to be considered delinquent. Upon receiving notice from the District Court on these accounts, the collection Contractor shall mail 30-day notices to the debtors in compliance with RCW 19.16.500. Refer to section III, paragraph d on all accounts that have had no response to the notice at the end of the 30 days. B. Non-Sufficient Funds (NSF) Checks: All the NSF checks that the District Court receives will be forwarded for collection. A$25.00 NSF charge is added to the principal amount in accordance with County ordinance. PART 3 - PROPOSAL FORMAT The Proposer shall respond to this RFP in the following format: A. Introduction: Provide general information on the Proposer, which would be helpful for the District Court to obtain a good understanding of the Proposer's background and business operations. Include length of time in business, number of employees, location of headquarters, organizational structure, other site operations, etc. B. Monthly billing and Collection Program: Provide specific information on how the Proposer shall implement the requirements of Section II -Scope of Services. C. Collection Efforts (a complete, detailed description of the collection procedures and techniques that will be used). • Records • Describe your internal control process to maintain confidentiality. • Monthly billing notice • Nature of Referral (as it pertains to the 30-day pre-referral notices) • Referral Method (as it pertains to accepting active collection accounts) • Remittance (as it pertains to King County District Court) RFP No. 139-03RLD Page 16 , • Describe your computer capabilities and ability to interface with present King County District Court Databases. • Reporting (provides copies of agencies standard or proposed reports/formats) • Reporting to Credit Bureau • Bankruptcy, Garnishments, and Legal Suits • Personnel • Legal • SubContractors • Performance Capability • Contractor Fees • Uncollected Accounts • Transfer of Ownership D. Financial Detail: Provide specific information on how the Proposer will implement the requirements of Section II, Paragraph AA. - Contractor Fees/Costs. Provide the proposed sliding fee schedule for non-court accounts if desired. Also provide a description of procedures for controlling the referral of accounts to other Correspondent Agencies including information on the methods employed by the Correspondent Agencies in the collection of accounts referred. E. Standard Forms: Provide copies of Proposer's standard forms that are proposed for use for review. F. Other Information: Provide other information that the Proposer deems pertinent. The District Court reserves the right to make an award without negotiations. For this reason, all Proposers shall submit their best price initially. The District Court also reserves the right to award a contract to those Proposers determined to be in the District Court's best interest, price and other factors considered. PART 4-EVALUATION OF PROPOSALS Criteria used in selecting a collection service Proposer will include the following. Experience, integrity and reputation of the Proposer and other information that has a direct 20 points bearing on the decision to award a contract. Quality, ability, capacity and skill of the Proposer to perform the scope of services 20 points Responsiveness of the proposed program/methods 35 points Fees proposed for services to be performed 15 points Recovery factor for similar collections 10 points If an award is not made based on the written evaluation alone, King County District Court reserves the right to conduct interviews with the top ranked proposers. If interviews are conducted, they shall be worth an additional 40 points. Final award would then be based on the cumulative total of the written evaluation and oral interview. PART 5— EXHIBITS (Included at the end of the RFP document) A. Proposed Venue List B. Suggested Reports List C. Garnishment Procedures RFP No. 139-03RLD Page 17 PART 6- PROJECT SPECIFICATIONS AND SCOPE OF WORK FOR SEATTLE MUNICIPAL COURT (FOR INFORMATIONAL PURPOSES) The following offers a description of the needs of Seattle Municipal Court and is given for informational purposes. Background The Municipal Court of the City of Seattle is a limited jurisdiction court established by law of the State of Washington (RCW 35.20.010). The Municipal Court has jurisdiction over violations of the Seattle Municipal Code, including most traffic offenses that occur within the city limits. It collects all fines and forfeitures arising from these violations. The Municipal Court staff includes 8 elected Judges, six appointed Magistrates, and 240 support employees, including a probation department. Seattle Municipal Court is highly automated. It uses a comprehensive, custom designed case management system, the Municipal Court Information System (MCIS), to manage all cases (criminal, traffic, parking, etc.) filed in the Court. The Municipal Court of Seattle is the busiest trial court in the state. The table below shows the filings by category for the last five years: Year DUI Criminal Criminal Traffic Other Parking Total Traffic Infraction Infraction Filings 1998 1,771 14,115 8,913 78,980 10,808 521,684 636,271 1999 1,838 12,997 7,417 75,682 9,418 490,274 597,572 2000 1,963 12,976 6,838 85,328 24,470 490,274 621,849 2001 1,844 12,948 5,770 77,387 24,475 442,331 564,755 2002 1,809 10,284 5,708 66,549 17,515 428,960 533,758 The following table shows the number of accounts and total dollars referred to the court's collection agency for the last five years and the court's revenue. Year Number of Accounts Amount Referred Court Revenue 1998 182,725 $11,746,926 $5,538,864.77 1999 188,761 $13,022,291 $6,191,614.71 2000 166,298 $12,565,829 $5,851,537.92 2001 137,922 $11,186,715 $4,763,076.99 2002 100,189 $8,030,454.86 $4,600,283.18 1. NEEDS In a manner acceptable to Seattle Municipal Court and using security standards set by the City of Seattle for electronic data transmissions, the Agency must be able to send and/or receive the following automated electronic interfaces using Seattle Municipal Court record formats: • Receive new debtor records, changes to existing debtor records, and other debtor information daily • Confirm receipt of debtor records • Send payment information daily • Provide information on account status changes daily • Return uncollectible accounts weekly • Specified performance reports monthly • Accommodate new and additional system interfaces RFP No. 139-03RLD Page 18 The Agency must refer to all SMC accounts in any interface or other correspondence by SMC's identifier. (I.e. defendant number, case number, citation number) The Agency's technical contact personnel shall be available on a 24-hour, 7 day a week basis. User support shall be available during agreed upon business hours. The Agency's computer system shall be operational during agreed upon business hours. Scheduled downtime shall be outside these hours. SMC will be given 72 hours noticing for any anticipated downtime, and notified immediately in the event of unanticipated down time (e.g. system crash). The Agency will provide a minimum of eighteen (18) ports with read only access to the Agencies computer system for designated Court employees. The Agency must be willing to participate in periodic meetings either at City locations or by teleconferencing. SMC will set the date and time for regularly scheduled meetings. Either party may request a meeting in addition to regularly scheduled meetings. The Agency must have access to a national database of names and addresses as well as access to all major Reporting Bureaus and be capable of meeting trends in the industry. The Agency must have the ability to produce electronic reports for all collection efforts and payment activity in a format determined by SMC Court Compliance Manager. The reports shall be electronically transferred to SMC on a schedule to be determined by SMC. The Agency shall employ a Certified Public Accounting (CPA) firm subject to peer review to perform an annual financial audit of the accounting records of the Agency. A copy of the financial statements will be forwarded to the Court Compliance Manager promptly after the completion of an annual audit. An internal audit report may be submitted at the discretion of the SMC Court Compliance Manager. This determination will be made in the first quarter of each calendar year. The Agency will submit to on-site performance audits by the City when and if desired by the City without prior notices either written or oral. Any exceptions or findings shall be remedied by the Agency within a court- approved timeline from the City's notification to the Contractor. The Agency will be required to pay the City for these audit services. The audit will not be more frequent than every other year and the cost will not exceed an estimated cost of $20,000 per audit. The City audit's scope shall not be limited by the Agency. The City will have access to all Agency records and personnel for the purposes of these audits. The Agency will staff a payment window at the Court's location at their expense. This window must be staffed to coincide with the hours of the court. SMC Compliance Manager must approve all text in correspondence. 2. COLLECTION EFFORTS The Municipal Court of Seattle firmly believes in a positive approach in dealing with debtors. The Agency shall abide by all federal and state laws and regulations and shall not use tactics which may be interpreted as harassment, demeaning or reflect poorly on SMC's collection efforts. SMC will review and disallow any collection enforcement procedure not consistent with SMC's desires. SMC requires that the Agency employ high ethical standards in their collection philosophy and techniques. The Agency shall conduct its collection business in a professional manner, which preserves the dignity of The Municipal Court of Seattle and its RFP No. 139-03RLD Page 19 relationship with its citizens. Dedicated representatives must conduct all collection efforts. These representatives will be trained in appropriate collection efforts. The Court will send the collection agency (1) delinquent judgments resulting from civil infractions, including parking infractions, traffic infractions, and miscellaneous offenses and (2) delinquent fines, penalties, fees and costs related to criminal cases. (The Court will also refer the NSF check fees that the City adds to a defendant's monetary obligations when a bank returns a check for non-sufficient funds.) The Court may send the collection agency delinquent restitution accounts where the Court collects payments from defendants and remits them to victims. The Court may also send delinquent probation fees for collection. Previous Court collection efforts included delinquent notices, pre-collection letters, and holds/suspensions issued by the Washington State Department of Licensing. The Court has an expectation that the chosen collection agency will be committed to the relicensing of our defendants. The efforts expected will include; the allowance of payment plans that will result in the lifting of driver's license suspensions and the assurance that Court collection issues will not be intertwined with non- court collection matters. The Court also is committed to the philosophy of Universal Cashiering. The collection agency will be expected to play an integral role in this process. Collection efforts shall include the following: a.) The Agency shall pursue collection on all judgments the Court refers and remit to the Court all monies the Agency collects on such judgments less any applicable fee. b.) The Agency shall produce and mail a pre-collection letter within three (3) business days after referral from the Court. The letter will inform the debtor that their delinquent judgments will be turned over to a collection agency if not paid. The Court will approve the text of this correspondence. The Agency will also have a means to transfer cases and citations from pre-collection to collection status. c.) The Agency will send a new pre-collection letter to the debtors when the skip tracing efforts (including information contained from DMV searches) result in a more current address or if the Court supplies the Agency with a more current address. d.) The Agency may propose a pre-collection letter fee, which then may be added to the principal amount owed by the debtor. The Court will not pay the Agency for any services related to this pre-collection process. e.) The Agency will return to the Court all pre-collection letters and disputes received as a response to the pre-collection letter. If a dispute is raised, all collection efforts will cease and the Court will provide the necessary research information to address the dispute. f.) The agency will provide skip tracing to any and all judgments or pre-collection accounts that are referred with unknown addresses. Skip tracing will also be provided to judgments or pre-collection accounts that are returned due to insufficient addresses. g.) The Agency shall supply registered owner information (Department of Motor Vehicle searches) using the date of violation in the Court system's format for all out of state plates. h.) All payments received by the collection agency must be electronically remitted to a depository of the Court's choosing on a daily basis. The collection agency must also remit and report to the Court all payments made on any case or citation within 24 hours of receipt by the Agency. i.) The Agency shall return to the Court the accounts in which the Agency reasonably determines to be uncollectible. These accounts will include a record of efforts to collect, last known address, assets, and specific reasons why the account is deemed uncollectible. j.) Synchronization of account records between the Court and the Agency shall be done annually. The purpose of the comparison will be to verify and insure the integrity of data and account information. The cost of comparison will be incurred by the Agency. k.) The Agency will be responsible for all costs and recover said costs after the principal amount has been paid in full to the Court. I.) The Agency will not institute any legal actions on Court referred accounts without prior written approval of the Court Compliance Manager. RFP No. 139-03RLD Page 20 • m.) The Statute of Limitations on the judgments which are to be referred is controlled by RCW Section 4.16.020 which states: "The period prescribed for the commencement of actions shall be as follows: Within ten years:...(2) For an action upon a judgment or decree of any court...of any state...within the United States..." If a vendor different from the current vendor is awarded this contract, SMC currently has the intention to: 1. Recall existing judgments from the current vendor and reassign them to the new vendor. 2. Refer any accounts that have previously been returned by the current vendor as uncollectible or accounts that the Court has otherwise recalled from the current vendor. PART 7 — PROJECT SPECIFICATIONS AND SCOPE OF WORK FOR ADDITIONAL COURTS (FOR INFORMATIONAL PURPOSES) The Contractor shall be willing to provide services to other Courts in the State of Washington that choose to "piggyback" on this contract. SECTION III - NONDISCRIMINATION AND AFFIRMATIVE ACTION If a contract is awarded from this Request for Proposal, it will contain the following contract language: PART 1: NON-DISCRIMINATION A. King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract; provided however, that no specific levels of utilization of minorities and women in the workforce of the Consultant shall be required, and the Consultant is not required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin in its employment practices; and provided further that, notwithstanding the foregoing, any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents shall continue to apply. B. During the performance of this Contract, neither the Consultant nor any party subcontracting under the authority of this Contract shall discriminate nor tolerate harassment on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. C. The Consultant shall, prior to the commencement of the work and during the term of this Contract, furnish the County, upon request and on such forms as may be provided by the County, a report of the affirmative action taken by the Consultant in implementing the terms of this section. The Consultant will permit access by the County to the Consultant's records of employment, employment advertisements, application forms, other pertinent data and records related to this Contract for the purpose of monitoring and investigation to determine compliance with these requirements. D. The Consultant shall implement and carry out the obligations contained in its Affidavit and Certificate of Compliance regarding equal employment opportunity. Failure to implement and carry out such obligations in good faith may be considered by the County as a material breach of this Contract and grounds for withholding payment and/or termination of the Contract and dismissal of the Consultant. E. The Consultant shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. RFP No. 139-03RLD Page 21 F. During the performance of this Contract, neither the Consultant nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; 2. Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; 3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefor, which indicates any discrimination unless based upon a bona fide occupation qualification; 4. Employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; 5. Employer, employment agency or a labor organization to retaliate against any person because this person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; 6. Publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030C., or to segregate and separately designate advertisements as applying only to men and women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; and/or 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. PART 2: REQUIRED SUBMITTALS A. All Consultants entering into a contract or agreement with King County valued at $25,000 or more shall, after the proposer receives written notice of selection, submit the following: 1. A Personnel Inventory Report on the form provided by the County. 2. An Affidavit of Compliance demonstrating the Consultant's commitment to comply with the provisions of KCC Chapter 12.16. 3. A Sworn Statement of Compliance with 12.16 from any labor union or employee referral agency which refers workers or employees or provides or supervises training programs from whom the Consultant ob- tains employees. RFP No. 139-03RLD Page 22 B. The County will not execute any agreement or contract without prior receipt of fully executed forms listed in subparagraph A above. C. Assistance with the requirements of this Section and copies of Chapters 12.16 and 12.18 are available from the Business Development& Contract Compliance (BDCC) Section, phone (206) 205-0700. PART 3: NONDISCRIMINATION IN SUBCONTRACTING PRACTICES A. Compliance with Initiative 200. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE sub-consultant participation or purchase from MNVBE certified vendors is required and no preference will be given by the County to a bidder or Proposer for their M/WBE utilization or M/WBE status. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. B. Non-Discrimination. During the term of this Contract, the Consultant shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with sub-consultants and suppliers, the Consultant shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. C. Record-Keeping Requirements. The Consultant shall maintain, for at least 6 years after completion of all work under this contract, records and information necessary to document its level of utilization of M/WBEs and other businesses as sub-consultants and suppliers in this contract and in its overall public and private business activities for the same period. The Consultant shall also maintain, for at least 6 years after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Consultant by all businesses seeking to participate on this Contract. Consultant shall make such documents available to the County for inspection and copying upon request. If this contract involves federal funds, Consultant shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. D. Open Competitive Opportunities. King County encourages the utilization of minority owned businesses ("MBEs") and women-owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts. The County encourages the following practices to promote open competitive opportunities for small businesses including M/WBEs: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform M/WBEs and other firms of contracting and subcontracting opportunities. 2. Placing all qualified small businesses attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to MNVBEs and all other small businesses capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. 3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses including M/WBEs. 4. Establishing delivery schedules, where the requirements of this contract permit, that encourage participation by small businesses, including M/WBEs. 5. Providing small businesses including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the contract. RFP No. 139-03RLD Page 23 • 6. Utilizing the services of available community organizations, Consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses including M/WBEs. Further, the County encourages small businesses, including M/WBEs, to participate in the following prac- tices to promote open competitive opportunities: 1. Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to receive project information and to inform prime bidders/proposers of contracting and subcontracting capabilities. 2. Requesting placement on solicitation lists, and receipt of written notice of subcontracting opportunities. 3. Utilizing the services of available community organizations, Consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses and M/WBEs. E. Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Consultant may be subject to damages and sanctions provided for by contract and by applicable law. PART 4: REQUIREMENTS DURING WORK A. Site Visits King County may at any time visit the site of the work and the Consultant's office to review records related to actual utilization of and payments to subcontracting firms. The Consultant shall maintain sufficient records necessary to enable King County to review utilization of subcontracting firms. The Consultant shall provide every assistance requested by King County during such visits. PART 5: COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED AND THE AMERICANS WITH DISABILITIES ACT OF 1990 The Consultant shall complete a Disability Self-Evaluation Questionnaire for all programs and services offered by the Consultant (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504"), and the Americans with Disabilities Act of 1990 ("ADA"). The Consultant shall complete a 504/ADA Disability Assurance of Compliance prior to execution of a contract. SECTION IV - GENERAL CONTRACT REQUIREMENTS PART 1: TERMINATION CLAUSES A. This Contract may be terminated by the County without cause, in whole or in part, upon providing the Consultant ten (10) calendar days' advance written notice of the termination. If the Contract is terminated pursuant to this Section IV, paragraph A: (1)the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Consultant shall be released from any obligation to provide further services pursuant to the Contract. B. The County may terminate this Contract, in whole or in part, upon five (5) calendar days' advance written notice in the event: (1) the Consultant materially breaches any duty, obligation, or services required pursuant to this Contract, or(2)the duties, obligations, or services required herein become impossible, illegal, or not feasible. RFP No. 139-03RLD Page 24 If the Contract is terminated by the County pursuant to this Subsection IV(B) (1), the Consultant shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Consultant, including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the Consultant shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Consultant by the County. C. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in Section II or in any amendment hereto, the County may, upon written notice to the Consultant, immediately terminate this Contract in whole or in part. If the Contract is terminated pursuant to this Section IV, paragraph C: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Consultant shall be released from any obligation to provide further services pursuant to the Contract. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other party. PART 2: INDEMNIFICATION AND HOLD HARMLESS A. In providing services under this Contract, the Consultant is an independent contractor, and neither the Con- sultant nor its officers, agents or employees are an employee of the County for any purpose. The Consultant shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits or taxes to, or on behalf of, the Consultant, its employees or others by reason of this Contract. The Consultant shall pro- tect, indemnify and save harmless the County, its officers, agents and employees from and against any and all claims, costs and/or losses whatsoever occurring or resulting from 1) the Consultant's failure to pay any such compensation, wages, benefits or taxes; and 2)the supplying to the Consultant of work, services, ma- terials and/or supplies by Consultant employees or other suppliers in connection with the performance of this Contract. B. The Consultant further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional acts or failure for any reason to comply with the terms of this Contract by the Consultant, its officers, employees, agents and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termina- tion of the Contract pursuant to the Duration of Contract, or the Termination section. C. The Consultant shall protect, defend, indemnify, and save harmless the County, [and the State of Washing- ton (when any funds for this Contract are provided by the State of Washington)] their officers, employees, and agents from any and all costs, claims,judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Consultant, its officers, employees, and/or agents. The Consultant agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, the Consultant RFP No. 139-03RLD Page 25 by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that County incurs attorney fees and/or costs in the defense of claims, for damages within the scope of this sec- tion, such fees and costs shall be recoverable from the Consultant. In addition King County shall be enti- tled to recover from the Consultant fees, and costs incurred to enforce the provisions of this section. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, docu- ment, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in unfair trade practice. Nothing contained within this provision shall affect and/or alter the application of any other provision con- tained within this agreement. PART 3: INSURANCE The selected Consultant shall furnish General Liability(Commercial General Liability, to include Completed Operations) in the amount of$1,000,000 combined single limit; $2,000,000 aggregate. In addition, with the exceptions of sole proprietorships, evidence of Workers'Compensation and Stop-Gap Employer's Liability shall be $1,000,000. Further, the selected consultant shall furnish Automobile Liability with a limit of$1,000,000, and Professional Liability: Errors and Omissions at$1,000,000 Per Claim/Aggregate (to include Legal/Collections coverage). Coverage shall also include Crime Fidelity, Theft, Disappearance & Destruction Liability(to include Employee Dishonesty, wire transfer, forgery& mail coverage) in the amount of$250,000. Such policy/policies shall endorse King County, and its appointed and elected officials and employees as additional insureds. King County reserves the right to approve deductible/self-insured retention levels and the acceptability of insurers. PART 4: CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is the Consultant has failed to comply with any terms or conditions of this Contract or the Consultant has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Consultant in writing of the nature of the breach; B. The Consultant shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten(10)days from the date of the Consultant's response; unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; C. The County will notify the Consultant in writing of the County's determination as to the sufficiency of the Consultant's corrective action plan. The determination of sufficiency of the Consultant's corrective plan shall be at the sole discretion of the County; D. In the event that the Consultant does not respond within the appropriate time with a corrective action plan, or the Consultant's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section IV.B; RFP No. 139-03RLD Page 26 E. In addition, the County may withhold any payment owed the Consultant or prohibit the Consultant from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section IV, Termination Clauses, Subsections A, B, C, and D. PART 5: ASSIGNMENT/SUBCONTRACTING A. The Consultant shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Consultant not less than fifteen (15) calendar days prior to the date of any proposed assignment. B. "Subcontract"shall mean any agreement between the Consultant and a Subcontractor or between Subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(i) support services not related to the subject matter of this contract, or(ii)supplies. SECTION V- ADDITIONAL INFORMATION & REQUIREMENTS A. Disclosure—Conflict of Interest King County Code Chapter 3.04 is incorporated by reference as if fully set forth herein and the Consultant agrees to abide by all the conditions of said Chapter. Failure by the Consultant to comply with any requirements of this Chapter shall be a material breach of contract. 1. The Consultant covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Consultant shall take appropriate steps to assure compliance with this provision. 2. If the Consultant violates the provisions of Section V (1) or does not disclose other interest required to be disclosed pursuant to King County Code Section 3.04.120, as amended, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section IV (B) above as well as any other right or remedy provided in this Contract or law. 3. The King County Board of Ethics maintains a website that provides information regarding King County ethics requirements. To review specific areas of the Code of Ethics that relate to contractors and ven- dors, follow this path: http://www.metrokc.gov/ethics/, and access 1)The Code of Ethics, "Employee Code of Ethics 3.04", and 2)Advice and Guidance "Doing Business with Contractors, Vendors, Clients and Customers". Under"Employee Code of Ethics 3.04", there are two areas of the code that speak specifically to contractors: 3.04.060 B1 (attempting to secure preferential treatment) and 3.04.120 (dis- closure of interests by consultants requirement). There are other sections under conflict of interest, 3.04.030 that are directed to employees and govern their relationships with contractors. B. Recycled/Recyclable Products It is the policy of King County to use recycled materials to the maximum extent practicable (King County Code Chapter 10.16). Consultants able to supply products containing recycled materials that meet RFP No. 139-03RLD Page 27 • performance requirements are encouraged to offer them in bids and proposals and to use them wherever possible in fulfillment of contracts. The Consultant shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Consultant may notify the Contract Administrator, who may waive the recycled paper requirement. The Consultant shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in the fulfillment of this Contract. C. Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The foregoing shall not apply to existing training materials, consulting aids, check lists and other materials and documents of the Consultant which are modified for use in the performance of this Contract. SECTION VI - MAINTENANCE OF RECORDS/AUDITS A. The Consultant shall maintain, and shall require any sub-consultant to maintain, accounts and records, in- cluding personnel, property, financial and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all project funds and compliance with this Con- tract. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature ex- pended and services provided in the performance of this Contract. The Consultant shall make such docu- ments available to the County for inspection, copying, and auditing upon request. B. All records referenced in subsection (A) shall be maintained for a period of six (6) years after completion of work or termination hereof unless permission to destroy them is granted by the Office of the Archivist in ac- cordance with RCW Chapter 40.14, or unless a longer retention period is required by law. C. The Consultant shall provide access to its facilities, including those of any sub-consultant, to the County, the state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the ser- vices provided under this Contract. The County will give advance notice to the Consultant in the case of fis- cal audits to be conducted by the County. D. The Consultant agrees to cooperate with the County or its designee in the evaluation of services provided under this Contract and to make available all information reasonably required by any such evaluation proc- ess. The results and records of said evaluation shall be maintained and disclosed in accordance with RCW Chapter 42.17. E. If the Consultant received a total of$300,000.00 or more in federal financial assistance during its fiscal year from the County, and is a non-profit organization or institution of higher learning or a hospital affiliated with an institution of higher learning, and is, under this Contract, carrying out or administering a program or por- tion of a program, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards), GAO's Stan- dards for Audits of Governmental Organizations, Programs, Activities, and Functions and OMB Circulars A- 133 and A-128, as amended and as applicable. Consultants receiving federal funds from more than one County Department or Division shall be responsible for determining of the combined financial assistance is equal or greater than$300,000.00. The Consultant shall provide one copy of the audit report to each County division providing federal financial assistance to the Consultant no later than six(6) months subse- quent to the end of the Consultant's fiscal year. RFP No. 139-03RLD Page 28 SECTION VII— REQUIRED FORMS The following completed forms will be required from the selected contractor, prior to contract award: A. King County Personnel Inventory Report B. Affidavit and Certificate of Compliance with King County Code 12.16 C. Statement of Compliance - Union or Employee Referral Agency Statement (if applicable) D. King County Code 3.04.120 and Consultant Disclosure Form E. 504/ADA Disability Assurance of Compliance and Corrective Action Plan Copies of these forms are available by contacting the King County Procurement and Contract Services Divi- sion. They are available in paper form, or may be obtained via e-mail. Please contact Cathy Betts at 206-263- 4267 or Roy L. Dodman at 206-263-4266, or by sending an e-mailed request to cathv.bettsmetrokc.qov or rov.dodman(a�metrokc.gov. SECTION VIII — BID PROPOSAL CHECKLIST A. One (1) signed copy of entire RFP package. B. One (1) signed copy of any Addendum that were issued. (If it has signature box at bottom of first page, it must be returned also.) C. One (1) unbound copy of proposal response marked "Original." D. Ten (10) copies of proposal response. E. Complete the Bid Identification Label below (or reasonable facsimile) and attach it to a prominent place on the exterior of the submission envelope, box, etc. O King County Procurement & Contract Services Section F Exchange Building, 8 Floor 821 2nd Ave, EXC-FI-0862 King County Seattle, WA 98104-1598 W Bid No. 139-03RLD Bid Tit a Collection Services Due ▪ Date August 12, 2003 • Vendor AllianceOne Receivables Z Management, Inc. .I EXHIBIT A— PROPOSED VENUE LIST KING COUNTY DISTRICT COURT KING COUNTY, STATE OF WASHINGTON OFFICE OF THE PRESIDING JUDGE ) GENERAL ADMINISTRATIVE ORDER Clerk's Action Required No. 03-90 ) Modifying the Revised Assignments ) Alternate Filing for Civil Collection Agency ) Cases This Order amends GAO 02-87 IT IS HEREBY ORDERED that effective June 13, 2003, all civil collection cases will be filed according to the schedule set forth as follows: CASES ARISING IN: WILL BE FILED IN: Bellevue Area Bellevue Courthouse Burien Area Kent Courthouse, except for those as listed on Schedule A attached Federal Way Area Kent Courthouse, except for those as listed on Schedule A attached Issaquah Area Seattle Courthouse Kent Area Kent Courthouse, except for those as listed on Schedule A attached Redmond Area Seattle Courthouse Renton Area Kent Courthouse, except for those as listed on Schedule A attached Seattle Area Seattle Courthouse Shoreline Area Seattle Courthouse DONE this 13th day of June , 2003 J. Wesley Saint Clair, Presiding Judge King County District Court SCHEDULE A All civil collection cases filed by Robert Friedman, Owen Wales, Andrew Heinegg and Edward P. Weigelt, Jr. which would have been filed at the Kent and Burien Courthouses shall be filed at the Bellevue Courthouse. All civil collection cases filed by Robert Friedman, Owen Wales, Andrew Heinegg and Edward P. Weigel, Jr. which would have been filed at the Federal Way and Renton Divisions shall be filed at the Bellevue Courthouse. All civil collection cases filed by AllianceOne Receivables Management, Inc. or on their behalf, which would have been filed at the Kent and Burien Courthouses shall be filed at the Issaquah Courthouse. All civil collection cases filed by AllianceOne Receivables Management, Inc. or on their behalf, which would have been filed at the Federal Way and Renton Divisions shall be filed at the Issaquah Courthouse. ATTACHMENT B— REPORTS 1. Monthly, Quarterly, Annual & Years Prior Cash Activity Report 2. Monthly& Quarterly Cash Activity Report by Case Type 3. Monthly Cash Activity Report By Case Jurisdiction 4. Monthly, Quarterly, Annual Conversion Report 5. Monthly& Quarterly Suit& Garnishment Report 6. Monthly Aged Trial Balance Report 7. Monthly History Analysis Report 8. Daily Remittance Statements 9. Monthly Cancellation Report 10. Monthly Bankruptcy Report 11. Monthly Adjustment Report 12. Any additional ad hoc reports as requested Report Descriptions: 1. Cash Activity Report—The report tracks by each Court location MDT, QTD, YTD &Years Prior the total dollars collected, commission collected, dollars retained by the District Court, and interest collected. 2. Cash Activity Report by Case Type—The report tracks for each Court location the number of cases collected and the dollars remitted to the District Court for each type of case. (I.e. Infraction traffic, parking, criminal traffic, probation fees, Relicensing Program). 3. Monthly Cash Activity Report by Case Jurisdiction -The report tracks by each Court location all dollars posted during the preceding month. Dollars are broken out for each case jurisdiction type. 4. Monthly, Quarterly,Annual Conversion Report—The report tracks for each Court location the number of cases and dollars for pre-referral, the date of the referral into active collections and the number of cases and dollars transferred 5. Monthly Suit and Garnishment Report -The report tracks new suits and garnishments requested during the month and all garnishments or legal files paid in full during the month. 6. Monthly Aged Trial Balance Report—The report tracks the current balance-owing, amount collected on each account during the previous month and to-date, the date of the last payment received and the age of each account since referral. 7. Monthly History Analysis Report—The report is a 12-month batch track report of total number and dollars assigned and collected, paid in full, canceled and remaining open each month since program inception. 8. Daily Remittance Statements—This report tracks dollars deposited on a daily basis to each Court location. The detail shall include; the debtor's name, the date of payment, the case number, gross dollars collected, dollars retained by the Court, the Contractor fee, the remaining balance, total amount of the check to the Court. Court remittance statements will not include interest retained. Interest retained will be accounted for on the District Court set of remittance statements and shall comprise a second deposit at the end of each month. 9. Monthly Cancellation Report—These reports track account status. The detail shall include; the.debtor's name, the date of payment, the District Court account/case number, agency identifier, gross dollars collected, dollars retained by the District Court, the Contractor fee and remaining balance. 10. Monthly Bankruptcy Report—This report tracks the delinquent accounts that are in bankruptcy process to determine collectability. This report also tracks account status. The detail shall include; the debtor's name, the date of payment, the District Court account/case number, agency identifier, gross dollars collected, dollars deposited to District Court, the Contractor fee and remaining balance. 11. Monthly Adjustment Report—Tracks the number of cases cancelled, adjusted or paid as result of the KCDC Relicensing Program. 12. Ad Hoc Reports as Requested—These may include but are not limited to reports on probation fees and the Relicensing Program. ATTACHMENT C—GARNISHMENT PROCEDURES 1) Approval of Garnishment a) Garnishment requests shall be submitted for approval to Senior Management of the Contractor. b) Upon approval: i) A form for request of docket(s), shall be prepared by the Contractor, and electronically transferred to the District Court. c) The District Court will print the requested dockets and review for accuracy. d) Contractor shall be required to pick up dockets on a weekly basis as assigned. e) Should the Court find good cause to re-call or cancel an account in garnishment, the Court will immediately notify the Contractor via e-mail. The account upon return to the Court shall include the Contractor's actual costs. 2) Venue. a) Venue for garnishment shall be selected using the criteria listed on the "Proposed Venue" list attached hereto as Exhibit"A". 3) Form of Garnishment. a) King County District Court's name shall be used as Plaintiff and the writ of garnishment must be issued by or filed by the Court. b) Infraction paragraphs shall be listed in date order, with the oldest infraction listed first. c) As formal proof of judgment, copies of the docket for each infraction, as provided by the original court, shall accompany the writ. 4) Filing of Garnishment. a) The Court will assign the next available case number in its division to the garnishment. b) The $6.00 garnishment-filing fee will be paid. There will be no case-filing fee required. c) Dockets for each infraction included in the garnishment will be cross-referenced to the case number. The Contractor shall notify the District Court of each action attached as Exhibit A. 5) Process of Garnishment. a) Garnishment will proceed according to normal rules and time frames. b) If the Garnishee Defendant remits payment directly to the Contractor, the Contractor shall apply funds and proceed according to its contract provisions as to remittance. c) The Contractor may first apply collection proceeds to recover related out-of-pocket legal costs, and where partial payments are involved; the Contractor may prorate the proceeds between principal and collection Contractor fee. 6) In addition to the above outlined procedures, the following additional steps will be taken: a) Form of Garnishment. i) Each traffic violation shall be set out as a separate paragraph in the writ, with a total balance on judgment(s) and estimated garnishments costs listed separately. b) Filing of garnishment. i) Garnishment papers shall be forwarded to the designated Court location having venue without an assigned case number. c) Process of Garnishment. • i) The Contractor shall advise the appropriate Court location of the payment through the usual payment procedures. ii) If the Garnishee submits payment directly to the Court location, the Court location will note on the docket the payment and then forward payment to the Contractor. 7) Upon full payment of the judgment and garnishment costs, the Contractor shall prepare a satisfaction of judgment for the garnishment case number so that the Court location may close its file. REQUEST FOR PROPOSAL PROPOSAL NUMBER: 139-03RLD Finance and Business Operations Division REVISED August 12, TIME: 2:00 Procurement and Contract Services Section PROPOSAL ' 2003 P.M. Department of Executive Services OPENING EXC-ES-0825 Exchange Building, 8th Floor DATE: King County 821 Second Avenue ALL PROPOSALS SHALL BE SUBMITTED TO Seattle,WA 98104-1598 THE PURCHASING SECTION NO LATER THAN www.metrokc.gov 206-684-1681 2:00 P.M.EXACTLY 206-684-1147 Fax TTY Relay: 711 BUYER: Roy L. Dodman DATE ISSUED: August 4, 2003 REQUISITION#: PP14276 TITLE: COLLECTION SERVICES KING COUNTY DISTRICT COUR(IN CONJUNCTION WITH SEATTLE MUNICIPAL COURT) ADDENDUM NO. 1 This addendum is issued to revised the original Request for Proposal, dated July 17, 2003 as follows: 1. The proposal opening date has been changed to: Tuesday, August 12, 2003 no later than 2:00 p.m. exactly. 2. The sign in sheet from the July 30, 2003 pre-proposal conference is available by contacting Cathy Betts at cathy.bettst'cr)metrokc.gov or Roy L. Dodman at roy.dodmanta),metrokc.gov. This document is available as ei- ther a fax document or via e-mail. If you wish to have the document faxed to you, please include your fax number in your request. The following information items were discussed at the pre-proposal conference: Q1: How many accounts were canceled at the Relicensing Program calendars? Al: Approximately 1,377 Q2: Will the selected contractor be allowed to report uncollected accounts to one of the major credit bureaus instead of all of the major credit bureaus? A2: Must report in accordance with current laws. Q3: If the selected vendor is required to take garnishment action in Canada, who is named as the plaintiff? NOTE:INFORMATION WITHIN BORDERED AREA MUST BE COMPLETED AND SIGNED. This document can be made available from the ADA Liaison,at(206 296-4210 or TDD(206)296-0100,in Tare print,audio cassette,or Braille. LEGAL NAME OF OI-i-EROR/CONTRAC I OR(PRIN f OR TYPE) E OF AUTHORIZED REPRESENTATIVE(PRINT OR TYPE) SIKEEI 111 LE CI TY S TATE ZIP IGNATURE 1 ELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ADDENDUM 1 — RFP139-03RLD Page 2 A3: If garnishment action in Canada is required the attorney licensed to practice in Canada will be able to sup- ply the answer to this question. The following information is provided in response to questions received: Q1: Related to section II. W., "Volume," what is the average balance of accounts referred by King County District Court? Al: $360 for year to date 2003 $347 for 2002 $319 for 2001 Does not include collection fees Q2: Section F. "Confidentiality," on page 6 states that, "These files shall not be co-mingled with other collection files." Does that mean the Contractor is not allowed to "tie" or cross-reference, within our collection system, accounts referred by the District Court to accounts referred by other courts? If so, how does that affect the Contractor's Time Payment Agreements that we have with multiple court consumers?Also, page 19 of the RFP, under "2. Collection Efforts," states that the District Court is committed to the philosophy of a universal payment program. Not being able to "tie" accounts to accounts referred by other courts would appear to be counter to that goal. A2: The selected contractor shall be allowed access to these files as needed for their duties related to this contract and other court cases. The selected contractor shall maintain positive policies and procedures for safeguarding the confidentiality of court data. Q3: Page 7, section I., "Pre-Referral Notices/Producing & Mailing," states that: "The District Court locations will notify the Contractor by electronic means of cases in pre-collection status. The Contractor will then print the 30-day pre-referral notices and mail to the debtor at the Contractor's expense." Question: Are the pre- collection letters that the Agency sends to be sent in the name of the City or in the name of the Agency? A3: In the name of the Court. Q4: Section J. "Account Referrals/Method for District Court," on page 8 of the RFP states that "The Contractor shall not automatically roll over accounts from pre-referral status to King County District Court on the 31st day." Question: Will the District Court be recalling all pre-referrals at that point and relisting them as collect accounts? A4: The court will generate a file notifying the contractor of all accounts to be changed from pre-referral to collection status. Q5: Page 6, section E., "Records" —There is no period at the end of the second paragraph in this section. Are there any words missing here? A5: Yes— "no later than the following June (or within six months of the Contractor's fiscal year end). Q6: Section W. "Volume," on page 12 of the RFP states: "If a vendor different from the current Contractor is awarded this contract, District Court currently has the intention to: 1) recall existing judgments from the current contractor and reassign them to the new vendor; and 2) refer any accounts that have previously been returned by the current contractor as uncollectible or accounts that the Court has otherwise recalled from the current vendor." Also, on page 20, it states that: "If a vendor different from the current vendor is awarded this contract, SMC currently has the intention to: 1. Recall existing judgments from the current vendor and reassign them to the new vendor. 2. Refer any accounts that have previously been returned ADDENDUM 1 —RFP139-03RLD Page 3 by the current vendor as uncollectible or accounts that the Court has otherwise recalled from the current vendor." Questions: If the winner of the King County District Court and/or Seattle Municipal Court contract(s) inherits the existing inventory from the present vendor(s): a) how many accounts will that be; and b) will the new vendor be required to send a letter to each of those accounts? A6: 302,238 total collection accounts from King County District Court currently in contractor's system. Regarding the Seattle Municipal Court, If the winner of the SMC contract inherits the existing inventory from the present vendor the approximation of accounts could exceed 2,015,351 —the estimated dollar value is $83,078,960. Yes, we would expect the new vendor to send letters to each of these accounts. Q7: Page 16 — section B., "Monthly Billing and Collection Program," states that Proposers are to: "Provide specific information on how the Proposer shall implement the requirements of Section II — Scope of Services." Question: This appears to be redundant to section C., "Collection Efforts," on page 16 of the RFP, which instructs proposers to include "a complete, detailed description of the collection procedures and techniques that will be used," and which goes on to list, in bullet points, most of the sections from the Section II — Project Specifications and Scope of Work," for the Proposer to address in that section. Is it acceptable for Proposers to cross-reference between sections B. and C. of their responses, rather than to address each Scope of Service requirement in BOTH sections B. and C.? A7: Yes— The intent is to have a clear picture of the processes to be used for each of the three pieces of the contract: Monthly billing services for court fines, Monthly billing services for probation fees, and Collection services Q8: Page 16, C. gives a list of bulleted items that the Proposer is to address as part of its "complete, detailed description of the collection procedures and techniques that will be used." Question: Bullet #3, "Monthly billing notice." Please clarify, what requirement in the Statement of Work does this refer to? Does it pertain to Page 6, C. "Pre-Collection Time Payment Monitoring," requirement for monthly payment invoices? A8: It pertains to Section C "Pre-Collection Time Payment Monitoring"and to Section D "Probation." Q9: Re: Part 4 — Evaluation of Proposals," on pages 16-17 of the RFP, what are the District Court's target dates for announcing a decision and for awarding a contract? A9: It is anticipated that a selection will be made by mid to late September and a contract in place by early October. Q10: Page 19 under "1. NEEDS," - How will the City of Seattle determine the amount due from the Agency for the City's bi-ennial performance audit? A 10: For the Seattle Municipal Court, the figure will be based on the actual cost of the audit, not to exceed $20,000, not to be more frequent than every other year. Q11: Page 19, section "2. Collection Efforts," states that, "The Court also is committed to the philosophy of Universal Cashiering." Questions: A.) Could you more specifically define your vision for Universal Cashiering? How would it look? B.) Would the Contractor be allowed to have an add-on fee for providing Universal Cashiering? Or would the cost need to be built into our collections fee? ADDENDUM 1 -RFP139-03RLD Page 4 All: For the Seattle Municipal Court, Universal Cashiering is the ability to pay multiple court obligations at one location and the ability to remit payments to the appropriate jurisdictions. Add-on fees or rolling this in to the cost of collections would be negotiable based on presentations. Q12. Who is the current vendor? Al2. For King County District Court: AllianceOne Receivables Management, Inc. 6565 Kimball Drive, Suite 200 Gig Harbor, WA 98335 For Seattle Municipal Court: OSI- Collection Services, Inc. (Seattle Office) 12201 Tukwila Intl'Blvd Tukwila, WA 98168 Q13. What is the current vendor charging? A13. Add on 24% on Primary Accounts Add on 29% on Secondary Accounts Q14. How long has the current vendor had this contract? A14. Contract effective date was October 9, 2000 Q15. What is the Vendor's current recovery percentage? A15. Approximately 33% Q16: Section II, Part 1, item F, Confidentiality Confidentiality section states, "These files shall not be co-mingled with other collection files." Our agency would like to confirm the County's statement regarding co-mingling. Is there a possibility that these accounts could be co-mingled with existing accounts in the successful vendors database for the sole purpose of information updates? There is a significant benefit in co-mingling accounts as well as compliance with the FDCPA. Our firm understands that this may not be a negotiable item. A 16: The selected contractor shall be allowed access to these files as needed for their duties related to this contract. The contractor shall maintain positive policies and procedures for safeguarding the confidentiality of such data. Q17: Section II, Part 1, item P, Reporting to Credit Bureau-Disputed Accounts This item states in bold and italics following the first paragraph, "In accordance with the Fair Credit Reporting Act, the District Court requires that the District Court will cancel accounts from each credit bureau upon request." (emphasis added). Should this read, "In accordance with the Fair Credit Reporting Act, the District Court requires that the Contractor will cancel accounts from each credit bureau upon request." (emphasis added)? ADDENDUM 1 —RFP139-03RLD Page 5 A 17: The correction noted above is correct. The statement should read "In accordance with the Air Credit Reporting Act, the District Court requires that the Contractor will cancel accounts from each credit bureau upon request." Q18: Section II, Part 3, item D, Financial Detail "Provide the proposed sliding fee schedule for non-court accounts if desired." Please explain what types of accounts will be considered in this category of"non-court" accounts. A18: This is an inadvertent inclusion. Please eliminate the statement "Provide the proposed sliding fee schedule for non-court accounts if desired." Q19: Section II, Part 6, Project Specifications and Scope of Work for Seattle Municipal Court (for informational purposes) Please clarify whether the bidders are supposed to include in their proposal a section/response based upon the information provided for the Seattle Municipal Court. A19: Yes Q20: In Section I (I) it states that price will be negotiated with the "first choice" proposer, however, price is part of the evaluation criteria. Question: Are we expected to provide a proposed fee schedule in our Proposal? A20: Yes Q21: In Section II (A) it states that"Contractor shall staff all Relicensing Program calendars." Question: Could you provide us additional information as to this particular requirement, as well as with estimated staffing numbers? Question: Does your current provider comply with this requirement, and if so how many per- sons do they have staffing the program. A21: One staff person attends each relicensing calendar. Currently the District Court holds one calendar three Monday mornings in the Seattle Courthouse, and two calendars every Thursday(one in the morning and one in the afternoon)in the Burien Courthouse. The staff person is expected to access the contractor's da- tabase in order to assist relicensing participants with time pay arrangements for cases in collection. The cases may originate from King County District Court or any other court doing business with the collections agency and participating in a joint payment program. Yes, our current contractor complies with this re- quirement and has one person staffing each of the three calendars. Regarding the Seattle Municipal Court, the Relicensing Calendar is currently held on each Wednesday evening of the month. Our expectation is that there is one staff member from the provider that is available for any and all operating hours of the court. SMC's operating hours are currently listed as Mondays, 8:00am to 5:00pm, Tuesdays, 8:00am to 9:00pm, Wednesdays, 8:00am to 9:00pm, Thursdays, 8:00am to 5:00pm and Fridays, 8:00am to 5:00pm. Q22: In Section II (I&J)it states that contractor will be responsible for sending "30-day pre-referral notices" and that contractor will do so at no charge to the District Court. Question: Do you have an estimate as to how many of these particular types of notices were mailed in 2002 and/or thus far in 2003? There is an esti- mate given at bottom of page 11 of the RFP, but it is not clear whether that is a monthly estimate or an an- nual estimate (i.e. "2,800 cases annually . . . . on a monthly basis"). Question: Does your current provider provide this service, and if so do they do so at their own expense? Question: Are these notices sent on your letterhead or that of the contractor? A22: The 30-day pre-referral notices referred to in Section Il(l&J) are different notices from the pre-collection time pay services referred to on the bottom of page 11. The 30-day pre-referral notices refer to the notices ADDENDUM 1 — RFP139-03RLD Page 6 sent on delinquent cases as the first step of the collection process. In 2002 the District Court referred ap- proximately 31,000 cases for collection and from Jan-May 2003 the District Court referred approximately 12,000 cases for collection. The current provider does provide this service at its own expense. The notices are sent on the contractor's letterhead referencing the District Court. Q23: In Section II (R) it states "contractor shall be responsible for initiating legal actions to reduce to judgment any debt owed" and "in any bankruptcy and for filing garnishments if necessary." Question: Could you provide us with some historical information related to these various types of legal work? Specifically, how many of each type of action were filed/processed in 2002 and/or thus far in 2003? A23: To date there have been no instances warranting the filing of a lawsuit; all accounts turned over are judg- ments therefore legal action consists of garnishment procedures. Garnishments— Number filed to date— 9,536 Dollars Garnished to date -$4,642,638 Garnishment Dollars Collected to date:$2,016,594 Bankruptcy Cases being monitored— 2002— 1,416 2003 to date - 793 Q24: In Section II (W)there is a table indicating the number of accounts transferred and the dollar amounts col- lected. Question: What was the dollar amount referred for each of those years? Question: Who is your current collection vendor and what is their collection fee for providing the services they currently provide? A24: 2001 Approximately$11 million 2002 Approximately$10.5 million 2003 Approximately$4 million Current vendor is: AllianceOne Receivables Management, Inc. 6565 Kimball Drive, Suite 200 Gig Harbor, WA 98335 Add on 24% on Primary Accounts Add on 29% on Secondary Accounts Q25: In Section II (W)it states that existing referrals/judgments placed with current provider will be pulled and referred to the new provider, as well as all previous accounts returned by current provider as"uncollect- ible". Question: Can you give us the number and dollar value of accounts currently placed with your current pro- vider, as well as an estimate as to the number and dollar value of accounts previously returned as "uncol- lectible" by your current provider? Question: Will there be a separate and higher fee allowed for these previously placed/worked accounts? A25: Number of Accounts Placed—304,707 Dollar Value of Accounts Placed-$105,327,373 Number of Accounts Canceled— 69,929 Dollar Value of Accounts Canceled-$16,344,251 (Note:this is total number of accounts "canceled"rea- son for cancellation, i.e., uncollectible, statute, etc., was not immediately available) A separate and higher fee for previously placed/worked accounts Is acceptable for District Court. ADDENDUM 1 —RFP139-03RLD Page 7 Q26: In Section II (Y), it states that we must provide documentation that "Contractor is licensed . . . in Canada." Question: If our law firm has a relationship with a law firm in Canada that will allow us to successfully per- form any legal services necessary to enforce collection of the cases referred for collection, will that suf- fice? If not, please provide us with some additional guidance as to what is expected. Question: If"licensing" is required, can bidders indicate status of ongoing efforts and projected completion, or rather, must bidder be "licensed" in Canada at time of submission? A26: If your law firm has a relationship with a law firm in Canada that will allow you to successfully perform any legal services necessary to enforce collection of the cases referred for collection that will suffice. Q27: In Part 6 of the RFP it gives some basic information regarding the Seattle Municipal Court"referred to the court's collection agency for the last five years and the court's revenue." Question: Does they use the same collection vendor used by the District Court at this time? If not, whom do they use and what is their current fee for the collection services they provide? Question: Is the "Court Revenue" column indicating amounts collected by the collection vendor on referred accounts? A27: The Seattle Municipal Court currently employees OSI as our collections vendor. Their current fee for ser- vice is 32%. The "Court Revenue"column in question indicates the amount of monies collected that were remitted to SMC. It is not inclusive of fees retained by the vendor. Q28: In Part 6 (2) it states that the contractor will "staff a payment window at the Court's location at their ex- pense." Question: Is this one employee in one location? If not, please explain. A28: The Seattle Municipal Court is requesting one employee who staffs the Seattle Municipal Court location and is available for the operating hours of the Court. (See Q21 for current hours of operation). Q29: In Part 6 (2) reference is made to relicensing programs and "Universal Cashiering"and the fact that con- tractor will "be expected to play an integral role in this process." Question: Could you give us some more information as to what is expected and what your current collection provider is doing in this regard? A29: For the Seattle Municipal Court, it is our vision that the successful vendor will have the capability to receipt payments from varying jurisdictions in the State of Washington. That the vendor would be a "partner"in the establishment of relationships of this type and not an "obstacle." Q30: Section I1.1.A—What is the process for releasing FTA on the driving record by the Contractor? Is this a phone call, a form or electronic data transfer? A30: A form Q31: Section 11.1.B —Please expand on"the Contractor shall staff all Re-licensing Program calendars". Does this refer to the 3 Mondays per month in Seattle and every Thursday in Burien? Does the state require any specific qualifications for this person, or is he/she simply representing the agency in establishing time payment arrangements? A31: See A21 above. The person is required to sign a Confidentiality Agreement with the Court. ADDENDUM 1 —RFP139-03RLD Page 8 The Seattle Municipal Court requires staff available for all operating hours of the Court. The staff person should have the ability to receipt payments and interface with SMC and King County District Court as necessary. Q32: Section II.1.0— Please clarify. Is this Pre-Collection notice confirming a payment plan previously set by the court? Or a plan set by the Agency? If debtor does not stay on plan, does the account automatically go into active collection status with the agency? A32: This pre-collection service is in lieu of a payment plan program in the Court. The Court does not enter into payment agreements with defendants. The payment plan is set by the Agency. If the debtor becomes delinquent the Agency must notify the Court. The Court will then review its case and make the decision as to whether the case will be referred to the contractor for collection services. Q33: Section II.1.W —Your chart provides amount collected. Can you tell us the amount placed, and provide any breakdown as to the amount placed subject to Relicensing Program? A33: See A24 The Relicensing Program was recently totally redone. There are no numbers available at this time. Q34: Section II.1.W —What was the collection rate for 8,044 pre-collection accounts referenced here? A34: Since this is an ongoing payment plan, at this time, we do not track recovery percentages. Q35: Section II.1.W (last paragraph) —What is the estimate of account#and $ volume to be transferred from current vendor, and previously determined uncollectible, to be transferred? (Initial placement info) A35: See A25 above Q36: Section II.1.J— Please clarify. No fee is to be charged to the Court or the debtor for this mailing? What is current run-rate volume of such mailings? A36: This section does not refer to a mailing. If the Question refers to Section 11.1.1, see A22 above. Q37: Must be licensed in all Canadian jurisdictions? A37: At a minimum, British Columbia. Q38: Can you make available the name of the existing vendor, recovery rate experience and fee structure of existing contract? A38: See Al2, A15 and A13 above. Q39: Municipal Court Info—what is meant by"universal cashiering"? A39: Universal Cashiering is the ability to pay multiple court obligations at one location and the ability of the vendor to remit payments to the appropriate jurisdiction. Q40: How many garnishments estimated per year? A40: Do not have this information broken down by year. Total number filed to date is 9,536. Q41: How many garnishments estimated per year? ADDENDUM 1 — RFP139-03RLD Page 9 A41: See A40 above for District Court. For the Seattle Municipal Court, garnishment information as follows: 2000 2362 cases revenue of$483,000 2001 843 cases revenue of$165,000 2002 1048 cases revenue of$246,175 January to June of 2003 1562 cases revenue of$326,094 Q42: (Page 12, item Y) Will the Court accept as "documentation" a state-by-state notation that indicates (a) we do hold a license in that state, or(b) we do not, because the state in question does not require it of us? A42: Yes Q43: (Top of Page 13, 2nd bullet point), Please clarify the Court's requirements here -a description of a 1st party program? a 3rd party "pre-collect," which would include only billing services and related accounting follow-up? A43: Refer to Section II, Part 1(C&D) of the RFP Q44: (Page 16, E) Please elaborate on what the Court would like to see in response to this section-sample management reports? sample letters (unsure about the latter, since the RFP asks for letter samples in an earlier section)? A44: Sample forms/letters that the contractor would use if providing the services of this contract. Q45: (Page 8, L) This says, "The District Court requires the Contractor to allow for time payment agreements in its collection procedures and place this statement on all collection notices." Does the Court want vendor(s) to offer payment arrangements before a determination has been made that they are needed? Our normal procedure would be to try and secure payment in full before offering payment arrangements. A45: The District Court wants the vendor to notify the debtor that time payment agreements are allowed. The Court does not preclude you from requesting payment in full before offering payment arrangements. Q46: Also, the same section says, "the minimum time payment may be arranged in accordance with statutory requirements provided the debtor provides the Contractor with information required by the ACA as speci- fied within the Seven Step Collections Call. This information must be stated on the contractor collection notices." Does this mean the notice should ask for this information, or state that payment arrangements are available? If the latter, same question as above. A46: This information must be stated on the contractor collection notices as well as the statement that time pay- ment agreements are allowed. The Court does not preclude you from requesting payment in full before of- fering payment arrangements. Q47: (Page 17, the amount referred and Court revenue table) Does the "Court Revenue"column equal the amount collected by the collection agency minus the fees charged by the agency? A47: This question was responded to earlier in this document in Q27. Q48: (Section II, Part 1, 2nd¶), This section states: "Please note that while it is the intention of the agencies cooperating in this solicitation to award individual contracts to a single vendor selected via this RFP... ." Does this statement mean that separate contracts will be negotiated for both King County and Seattle Mu- ADDENDUM 1 —RFP139-03RLD Page 10 nicipal Court? Or is the "individual contracts" statement meant only for other County and City agencies outside of those named herein? Will the Seattle Municipal Court definitely be participating under this con- tract, or might they"opt out?" A48: Part 1 of your question, Yes. Part 2, No. Regarding Part 3, it is the intent of this RFP to have individual contracts for Seattle Municipal Court and King County District Court. While it is the goal for there to be one successful vendor to service both Courts, Seattle Municipal Court retains the ability to "opt out"of the proc- ess if a mutually beneficial agreement cannot be reached by both parties. Q49: (Section II, Part 1, A.) Will contractors be compensated for their participation in the Re-licensing Program if their direct participation or administration of the program leads to an account's repayment? A49: If the account is in collections when paid the contractor will receive its fees as in any other case. There is no additional compensation for relicensing program cases or participation in the relicensing program. Q50: (Section II, Part 1, B.) Please clarify the requirement for a "local primary office." Will the establishment of a staffed payment window fulfill this requirement? A50: A local primary office is a location within King County where debtors may appear in person to handle their matters with the selected contractor. If Seattle Municipal Court and King County District Court contract with the same agency, a staffed payment window in Seattle Municipal Court will fulfill this requirement. District Court does not have space in its facilities to provide the contractor with a payment window. Q51: (Section II, Part 1, C.) Please elaborate on, "...whereby defendants are monitored on a monthly payment plan...?" What type of monitoring is the County requesting? Will the establishment of a payment plan and monthly invoices submitted to the defendant fulfill this requirement? Or are there more in-depth needs? A51: Establish the payment plan, mail monthly invoices, receipt payments, and notify court when account be- comes delinquent, ability to reinstate when requested by court, remittance to the court, record keeping, and reports to the court. Q52: (Section II, Part 1, S.) Will the contractor be awarded the quoted collection fee for administrative wage garnished (AWG) accounts, or must the contractor submit a separate collection fee quote for AWG collec- tions? A52: Yes the quoted collection fee is awarded. There is no additional fee or different fee charged. Per Attach- ment C of the RFP, vendor is allowed to recover out-of-pocket expenses. Q53: (Section II, Part 1, W.) Please provide the dollar volumes initially referred by the Court, by year, for accurate interpretation of the liquidation percentage. A53: See A24 above. Q54: (Section II, Part 1, W.) Who is the County's current vendor? What is the current fee structure? A54: See Al2 and A13 above. Q55: (Section II, Part 1, W., last¶) May the contractor propose a separate commission fee for those accounts that previously have been worked by the existing contractor(second placements)? A55: Yes ADDENDUM 1 — RFP139-03RLD Page 11 • Q56: (Section II, Part 1, N, 3rd¶) "The District Court shall also have the capability to print these reports at its location as needed." What would this entail, (e.g., query and printing capabilities)? A56: Reports must be system generated and available to District Court through direct communication link with the Contractor's computer system. The District Court shall also have the capability to print these reports at its location as needed. Q57: (Section II, Part 6, 1.) "The agency will provide a minimum of eighteen (18) ports with read only access to the Agency's computer system for designated Court employees." Please amend to read that Court em- ployees will only have "read only" access to the Court's accounts (as other client accounts are protected by confidentiality clauses and privacy rules and regulations). A57: The Seattle Municipal Court is only requesting "read only"status for Court accounts. We will abide by all confidentiality clauses and privacy rules and regulations. Q58: (Section II, Part 6, 1, 3rd to last¶), this states that vendors must submit to a performance audit at vendor expense ($20,000) every other year, and that the audit may occur without notice. "The City will have ac- cess to all Agency records and personnel for the purpose of these audits." Please amend to require ac- cess only to those personnel and records that are involved in the City's/Court's collection program, due to the privacy and confidentiality issues mentioned above. A58: The Seattle Municipal Court is not requiring access to any files outside of the Court Collection Program. We will abide by all confidentiality and privacy rules and regulations. Q59: (Section IV, Part 1), would the County/Court consider negotiation of a mutual termination clause? A59: No Q60: (Part 6, Paragraph 2. d.): "The Agency may propose a pre-collection letter fee, which then may be added to the principal amount owed by the debtor. The Court will not pay the Agency for any services related to this pre-collection process." If a pre-collection letter fee is proposed, is the Agency entitled to this fee if the account is paid within the 30 day pre-collection time frame? A60: For the Seattle Municipal Court, the pre-collection letter fee goes to the Agency irregardless of the time frame in which the payment is made. Q61: If the account is not paid within the 30 day pre-collect time frame, is the letter fee rolled into the court's principal balance that will be referred to collection? A61: For the Seattle Municipal Court, the letter fee is rolled in to the Court's principal balance that is referred to collections but no interest is allowed on the pre-collect fee. • Q62: fPart 6, Paragraph 2. k.): "The Agency will be responsible for all costs and recover said costs after the principal amount has been paid in full to the Court." What costs does this statement refer to? A62: For the Seattle Municipal Court, it is the expectation that 100% of the principle and 100% of the interest collected will be remitted to the Court. The vendor will retain all monies collected under agreed upon collection rate and pre-collect fee. ADDENDUM 1 — RFP139-03RLD Page 12 • Q63: Has there been an anticipated timeline established for committee review of proposals, interviews (if deemed necessary) and possible award? A63: See A9 above Q64: Can the response date be delayed from August 7, 2003 to Friday, August 15, 2003? Our law firm has many RFP's to process at this time, individuals are on scheduled vacation, and this consideration will ease the workload. Thank you. A64: The proposal opening date has been changed to: Tuesday, August 12, 2003 no later than 2:00 p.m. exactly. Q65: District Court - How many cases have been assigned for collection services with the current vendor program to date for: 1) criminal non traffic violations, 2) criminal traffic violations, 3)traffic infractions, and 4) probation fees? A65: Number of criminal cases assigned—96,071 Number of infraction cases assigned—208,636 Probation fees just implemented 7-1-03—No data available yet Q66: District Court- How many dollars have been assigned for collection services with the current vendor program to date for: 1) criminal non traffic violations, 2) criminal traffic violations, 3) traffic infractions, and 4) probation fees? A66: Dollar value of criminal cases assigned-$38,503,177 Dollar value of infraction cases assigned-$66,824,196 Probation fees just implemented 7-1-03—No data available yet Q67: District Court- How many dollars have been collected by current vendor program to date for: 1) criminal non traffic violations, 2) criminal traffic violations, 3) traffic infractions, and 4) probation fees? A67: See RFP Section ll(149. Breakdown by case type not immediately available. Q68: District Court-What is the average dollar balance of cases assigned for collection broken down by: 1) criminal non traffic violations, 2)criminal traffic violations, 3) traffic infractions, and 4) probation fees? A68: Criminal average account balance-$329.29 Infraction average account balance-$400.77 Probation fees just implemented 7-1-03—No data available yet Q69: Municipal Court-How many cases have been assigned for collection services with the current vendor program to date for: 1) DUI, 2) Criminal, 3) Criminal Traffic, 4)Traffic Infractions, 5) Other Infractions, and 6) Parking? A69: Regarding the Seattle Municipal Court: A listing of cases assigned to our current vendor for 2000, 2001, 2002, and January to June of 2003 is as follows: 1.) DUI 2.) Criminal 3.) Criminal Traffic 2000 74 2000 86 2000 493 2001 68 2001 76 2001 154 2002 261 2002 261 2002 656 2003 56 2003 57 2003 224 ADDENDUM 1 — RFP139-03RLD Page 13 • 4.) Infractions 5.) Other 6.) Parking 2000 14,770 2000 12,030 2000 119,890 2001 14,129 2001 11,461 2001 103,629 2002 12,479 2002 11,732 2002 102,280 2003 7,942 2003 7,462 2003 102,280 Q70: Municipal Court - How many dollars have been assigned for collection services with the current vendor program to date for: 1) DUI, 2) Criminal, 3) Criminal Traffic, 4) Traffic Infractions, 5) Other Infractions, and 6) Parking? A70: Regarding the Seattle Municipal Court: A listing of the average dollar amounts of cases assigned to our current vendor for 2000, 2001, 2002, and January to June of 2003 is as follows: 1.) DUI 2.) Criminal 3.) Criminal Traffic 2000 $500 2000 $133 2000 $124 2001 $600 2001 $180 2001 $135 2002 $600 2002 $242 2002 $175 2003 $600 2003 $170 2003 $169 4.) Infractions 5.) Other 6.) Parking 2000 $316 2000 $225 2000 $50 2001 $318 2001 $ 78 2001 $52 2002 $350 2002 $110 2002 $52 2003 $320 2003 $86 2003 $58 Q71: Municipal Court-How many dollars have been collected by the current vendor program to date for: 1) DUI, 2) Criminal, 3) Criminal Traffic, 4) Traffic Infractions, 5) Other Infractions, and 6) Parking? A71: Regarding the Seattle Municipal Court, monies collected by current vendor and remitted to the Court for 2000, 2001, 2002, and January to June of 2003, are as follows: Criminals Movers 2000 $77,698 2000 $2,204,691 2001 $49,841 2001 $1,863,781 2002 $50,299 2002 $1,820,279 2003 $25,144 2003 $ 890,066 Other Parkers 2000 $308,971 2000 $3,286,332 2001 $271,214 2001 $2,600,736 2002 $215,690 2002 $2,526,575 2003 $104,483 2003 $1,196,940 Q72: Municipal Court—What is the average dollar balance of cases assigned for collection broken down by: 1) DUI, 2) Criminal, 3) Criminal Traffic, 4) Traffic Infractions, 5) Other Infractions, and 6) Parking? A72: See information as supplied above. Q73: Garnishments—How many cases were assigned for wage garnishments, what was the total dollars assigned for garnishment, and how many dollars were collected via garnishment broken down by: 1) District, and 2) Municipal Court program to date with their current vendor? ADDENDUM 1 — RFP139-03RLD Page 14 A73: District— See A23 above. Seattle Municipal Court: See Q41 for response. Q74: How many cases and dollars were assigned for collection that had a Canadian address? A74: No statistics available to answer this question—District Court. Seattle Municipal Court: this data is not available Q75: How many dollars were collected that had a Canadian address? Broken down by District and Municipal Court? A75: No statistics available to answer this question— District Court. Seattle Municipal Court:this data is not available Q76: (Page 7, Section C), does the current vendor(s) pass on a pre-collection charge to those defendants making installments? If so,what is the charge that they currently impose? A76: There is no Section C on Page 7. If question refers to Page 6, Section C the answer is Yes. There is a one- time account set-up fee of$15 and a monthly monitoring fee of$4.75 to 48.25, depending on the status of the account. Q77: (Page 9, Section J), understanding that King County prohibits the vendor from rolling accounts from a pre- collection effort into a delinquent collection recovery effort, what is the policy regarding payments that are made after the 30 day pre-collection effort and prior to the referral of the delinquency? Should the vendor wait for the delinquency to be placed and then post the payment, or post the payment to the pre-collection account and wait for the delinquency to arrive and pursue the accrued interest and collection costs at that time? A 77: Page 9, Section J refers to the pre-referral process not the pre-collection time payment process. Payments made during the 30-day pre-referral process are made to the court and shall not be subject to collection contractor fees, nor shall the District Court be charged for the Contractor's services for those accounts that are in pre-referral status. Q78: (Page 20, Second Paragraph), should restitution cases be assigned for collection, will the vendor be required to remit payment directly to the victim? A78: Regarding the Seattle Municipal Court, monies collected on restitution cases will be remitted to the Court. TO BE ELIGIBLE FOR AWARD, THIS ADDENDUM MUST BE SIGNED AND SUBMITTED TO KING COUNTY PROCUREMENT AND CONTRACT SERVICES 4 Personnel Inventory Report Legal name of business AllianceOne, Inc Contract No: m lace qm dba(if applicable) AllianceOne Receivables Management, Inc. Telephone No:253-620-2344 Street address 6565 Kimball Drive, Suite 200 City Gig Harbor State WA Zip Code 98335 Submitted by: ORVILLE GILBERT Title Dir of Compliance&Licensing Date: December 1,2003 Federal Tax Identification Number: 23-2994246 Do you have any employees? No Yes X Sole Owner/Operator No X Yes If yes,list on the Employment Data Chart below the total number of employees for all businesses located within each location listed belo .Idicate which locale(1,2,3)report covers. This report is for Payroll Period ending (Month/Day/Year): // d3 and covers the following locale: (Check only one box) 1. _Business located within King County 3. XX Business located with U. S. 2._Businesses located within WA State 4. Other(specify) Do any of your employees belong to a union and/or do you use an employee referral agency?No)(Yes_ If yes, list the unions and/or employee referral agencies with whom you have agree- ments: . If you expect to do more than $10,000 worth of public work (construction) or, more than $25,000 worth of business with King County, the unions or employee referral agencies must submit a statement of compliance with King County Code Chapter 12.16. African Native Minority Disabled Job Categories Whites Americans Asians Americans Hispanics Disabled Subtotal Subtotal MF MF MF MT MF MF MF MF Managerial 77 60 b 7 I Professional [ O i%t OC n a . V 3 ,+, 3 Technical O Clerical .e2r5 /3C /55 17 , 1 4 g I 17 47 i%1 Sales 7 Service Labor �( On-Job Trainees Apprentice Skilled Craft Total* 1>1 Nil /a �! Total ;if�z ,1 it gig I V ��77' 148 Journey worker.List by classificationbon reverse,e.g.,carpenter,plumber,eta Total number of employees reported above: /493 If no employees,write"0." EXHIBIT D • • SUPPLEMENTAL FORM Use this section to show your skilled craft workforce. African Native Minority Disabled Job Categories Whites Americans Asians Americans Hispanics Disabled Subtotal Subtotal MF M F MF M F ' M F M F ' M F MF 4 r. • • Apprentice Subtotal* *Transfer subtotal to line to "Skilled Craft Total" on the front page. Contact the King County Procurement Services Section at (206) 684-1681 or the King County Business Development and Contract Compliance Section (206)205-3442 if you have any questions concerning completion of this form. • BDCC PIR FORM Revised 2R)2r1 women and persons with disabilities and validate all tests and and persons with disabilities in the contractor's workforce on other selection requirements where there is an obligation to an annual basis. do so understate or federal law. L During the performanceof this Contract,neither the Contractor 4. Record Referrals:Maintain a current file of applications of nor any party subcontracting under the authority of this Contract each minority,women and persons with disabilities who are shall discriminate nor tolerate harassment on the basis of race, applicants or referrals for employment indicating what action color, sex, religion,nationality, creed, marital status, sexual ori- was taken with respect to each such individual and the rea- entation,age,or the presence of any sensory,mental or physical sons therefor.Contact these people when an opening exists disability in the employment or application for employment or in for which they may be qualified Names may be removed the administration or delivery of services or any other benefits un- from the file after twelve months have elapsed from their last der this Contract application or referral. J Contractor agrees to provide reasonable access upon 5. Notice to Unions:Provide notice to labor unions of the con- the of all places of business and employment,div to P relative to tractor's nondiscrimination and affirmative action obligations work undertaken in this Contract,and to records,files, informa- pursuant to King County Code Chapter 12.16. Contractors tion and employees in connection therewith,to the BD and Con- shall also notify the BD and Contract Compliance Section if tract Compliance Section or agent for purposes of reviewing labor unions fail to comply with the nondiscrimination or af- compliance with the provisions of this Affidavit and agrees to co- f rmative provisions operate in any compliance review. 6. Supervisors: Ensure that all supervisory personnel under- K Should the BD and Contract Compliance Section find, upon stand and are directed to adhere to and implement the non- complaint investigation or review, the Contractor not to be in discrimination and affirmative action obligations of the con- good faith compliance with the provisions contained in this Affi- tractor under King County Code Chapter 12.16. Such direct- davit,it shall notify the County and Contractor in writing of the tion shall include, but not be limited to, adherence to, and funding fully describing the basis of non-compliance.Contractor achievement of affirmative action policies in performance may request withdrawal of such notice of noncompliance at such appraisals of supervisory personnel time as the compliance office has notified in writing the Contrac- 7. Employee Training: When reasonable,develop on-the-job tor and the County that the noncompliance has been resolved training opportunities which expressly include minorities, L. The Contractor agrees that any violation of any term of this Affi- women, and persons with disabilities and sponsor and/or davit,including reporting requirements,shall be deemed a viola- utilize, training/educational opportunities for the advance- tion of King County Code Chapter 12.16. Any such violation ment of women,minorities and persons with disabilities em- shall be further deemed a breach of a material provision of the ployed by the contractor, subject to acceptance by the Contract between the County and the Contractor. Such breach county. may be grounds for implementation of any sanctions provided for & Responsible Person:Designate an employee who shall have hi the Chapter,including but not limited to,cancellation,temnina- the responsibility for implementation of the Contractor's orf- lion or suspension, in whole or part, of the Contractor by the fimnai ive action measures. County;liquidated damages;or disqualification of the Contractor 9. Progress Reporting: Prepare as part of the affirmative ac- PROVIDED,that the implementation of any sanctions is subject tion plan an analysis and report on the progress made toward to the notice and hearing provisions of King County Code Chap- eliminating the underrepresentation of minorities, women, ter 12.16.110. Contractor. AllianceOne Receivables Management,Inc.,6565 Kimball Drive,Suite 200,Gig Harbor,WA 98335 CompanyName Street Address City State Zip I have read and understood the foregoing;and am authorized on behalf of the Contractor to e terms and conditions 's and Affidavit and Certificate of Compliance and therefore,execute the same. Authorized Signer. Orville Gilbert,Director of Compliance and Licensing,253-620-2344 Name(type or Print) The Phone Signature • VALID ONLY IF NOTARIZED SUBSCRIBED AND SWORN TO : FOR MEP1E t l ,',��i14 DAY OF December s 2003. • • Notary 'ublic in and of the state of Washiugtain ._ ,; za.3 ` � L ` Residing at: " �,_ P V.. Ilk OF 441.1' A(f-Comp Rev 02/0211 © Affidavit and Certificate of Compliance with King County Code Chapter 12.16,Discrimination and Affirmative Action in Employment by Contractors,Subcontractors and Vendors The undersigned,being first duly sworn,on oath states,s/he is author- color,creed,religion,sex,age,marital status,sexual orienta- ized by the Contractor, and on the Contractor's behalf; affirms and tion,nationality or the presence of sensory,mental or physi- certifies as follows: cal disability. Definitions: "Contractor" shall mean any contractor, vendor or con- The information required in this section shall be submitted on forms sultant who supplies goods and/or services."Contract"shall mean any provided by the County unless otherwise specified contract,purchase order or agreement with King County Government, F. Subcontractors:For public works projects and contracts over ten hereinafter called the County. thousand dollars($10,000)the prime contractor shall be required A. Contractor recognizes that discrimination in employment is pro- to submit to the County,along with its qualifying documents un- hibited by federal,state and local laws.Contractor recognizes that der the Chapter,employment profiles,Affidavits and Certificates in addition to refzaining Brom discrimination,affirmative action is of Compliance,Reports and Union Statements from its subcon- required to provide equal employment opportunity. Contractor tractors in the same manner as these are required of the prime further recognizes that this Affidavit establishes minimum re- contractor.Reporting requirements of the prime contractor during quireznents for affirmative action and fair employment practices the contract period will apply equally to all subcontractors. and implements the basic nondiscrimination provisions of the G. Employment Goals for Mnorities,Women and Persons with general contract specifications as applied to service, consultant, Disabilities: No specific levels of utilization of minorities and and vendor contracts exceeding$25,000,or public work contracts women in the workforce of the Contractor shall be required,and exceeding$10,000.Contractor herein agrees that this Affidavit is the Contractor is not required to grant any preferential treatment incorporated as an addendum to its general contract,and recog- on the basis of race,sex,color,ethnicity or national origin in its nizes that failure to comply with these.requirements may co ns& employment practices. Notwithstanding the foregoing, any af- tute grounds for application of sanctions as set forth in the general firmative action requirements set forth in any federal regulations, King County Code Chapter 12.16("Chapter')and statutes or rules included or referenced in the contract documents this Affidavit.PROVIDED FURTHER,that in lieu of this Affi- shall continue to apply. davit,the Executive may accept a statement pledging adherence Il: Affirmative Action Measures: Contractor agrees to implement to an existing contractor affirmative action plan where the provi- and/or maintain reasonable good faith efforts to comply with sions of the plan are found by the Executive to substantially fulfill King County Code Chapter 12.16.The evaluation of a contrac- the requirements of the Chapter. ton's compliance with the Chapter shall be based upon the con- B. Contractor shall give notice to their supervisors and employees of tractor's effort to achieve maximum results from its affirmative the requirements for affirmative action to be undertaken prior to action measures.The Contractor shall document these efforts and the commencement of work shall implement affirmative action steps at least as extensive as the C. This person has been designated to represent the Contractor and to following: be responsible for securing compliance with and for reporting on 1. Policy Dissemination: Internal and external dissemination the affirmative actions taken: of the contractor's equal employment opportunity policy; ORVILLE GI BERT posting of nondiscrimination policies and of the requirement D. Contractor will cooperate fully with the BD and Contract Com of the Chapter on bulletin boards clearly visible to all em- pliance Section and appropriate County agents while making ployees: notification to each subcontractor, labor union or every reasonable"good faith"effort to comply with the affirm- representative of workers with which there is a collective five action and nondiscrimination requirements set forth in this bargaining agreement or other contract,subcontract,or un- Affidavit and in King County Code Chapter 12.16. derstanding of the contractor's commitments under the E. Reports: The Contractor agrees to complete and submit as re- Chapter.Inclusion of the equal opportunity policy in adver- tising quired such additional reports and records that may be necessary in the news media and elsewhere. to determine compliance with the Affidavit and to confer with the 2. Recruiting: Adopt and implement recruitment procedures County Compliance Officer at such times as the County shall designed to increase the representation of women,minorities deem necessary. The information required by the Chapter in- and persons with disabilities in the pool of applicants for em- chides but is not limited to the following reports and records: ployment: including, but not limited to establishing and 1. Personnel Inventory Report This report shall include a maintaining a current list of minority,women and disabled breakdown of the employer woicforux showing race, sex recruitment sources,providing these sources written notifi- andhandicappedand other minority data. cation of employment opportunities and advertising vacant 2. Monthly EEO Report This report shall apply to construe- ipin and reaperdership. which have mumor- tion contractors and subcontractors and shall provide the �'women and/or disabled r�eaderslnip. cumber of hours of employment for all employees,including 3. Sett-Assessment and Test Validation:inReview of all eit- minori ty,women and disabled employees by craft and cate- plOYi t policies and procedures, d policies,ng tests, recruit- minority, meat,hiring and training practices and performance • gory. e'er, seniority policies and practices,job classifica 3. Statement from Union or Worker Referral Agency:This tions and job assignments to assure that they do not disc rirni- stateinemt affirms that the signee's aeon has no prac- nate against,or have a impact on,minorities, tics and policies which discriminate on the basis of race, At[-Comp Rev 02102r1 , ,Y TT\TT 1T • • 504/ADA SELF-EVALUATION AND ASSURANCE OF COMPLIANCE Instructions 504/ADA Self-Evaluation Questionnaire Form This form will help you evaluate your organization's or firm's programs and services, employment, and facilities to ensure they are accessible to. people with disabilities. Complete the 504/ADA Self-Evaluation Questionnaire and keep it on file at your office. Do not return it with your contract. "Quick Look" Barriers Checklist Note: This form only pertains to the main office of a construction company, not the construction sites. Firms that provide services outside their office do not need to write a corrective action plan for physical accessibility as long as these services are provided in an accessible location for people with disabilities who cannot access the office. However, physical access must also be reviewed in light of hiring an individual with a disability or accommodating a current employee who becomes disabled. 504/ADA Assurance of Compliance Form • Complete this form. If your organization or firm is out of compliance with any of the 504/ADA requirements, indicate on the 504/ADA Disability Assurance of Compliance form the corrective actions that will be taken to achieve compliance and the date these actions will be completed. • Sign the Assurance of Compliance form and send the original back-with your contract.Keep a copy of the form on file in your office for use during on-site reviews.You will be notified at least one week in advance of any scheduled review.(Note:This form may be used as an exhibit with other IGng County contracts for two years from the date the form is completed.) If you .have questions regarding this process, or if you require this material in an alternate format, please contact a King County 504/ADA Disability Compliance Specialist at 206-296-7592 or 206-296-7596 TTY, or by e-mail: Civil-Rights.00R©metrokc.gov. 504/ADA General Information Federal and State laws prohibit discrimination based on disability. Section 504 of the Rehabilitation Act of 1973, as amended-(504), and the Americans with Disabilities Act of 1990 (ADA) require that King County and all organizations and firms contracting with King County, except those providing tangible goods, comply with the 504/ADA accessibility requirements. Under 504 and ADA, a'qualified individual with a disability' is anyone who has, has a history of, or is perceived as having a physical or mental impairment which substantially limits one or more major life activities. Disabilities include, but are not limited to: mobility, visual, hearing, or speech disabilities; mental illness; epilepsy; learning disability; brain injury; HIV/AIDS; arthritis; cerebral paly; multiple sclerosis; developmental disability; and alcohol and/or drug addiction. • A#####A page 1 of 8 504/ADA Assurance of Compliance 2003 Rev 1(03/03/03) EXHIBIT F • DISABILITY RESOURCE LIST Note: Inclusion in this resource list does not constitute endorsement by King County Government, nor does omission imply non-endorsement. Our goal is to provide you with information on some key resources available. Please contact us if you know of a useful resource missing from this list. King County Office of Civil Rights Enforcement Disability Compliance Specialist, Yesler Building, 400 Yesler Way, Room 260, Seattle, WA 98104-2683; 206-296-7592 V, 206-296-7596 TTY; 206-296-4329 Fax; e-mail: Civil-Rights.00R@metrokc.gov web site: www.metrokc.gov/dias/ocre/ Governor's Committee on Disability Issues and Employment(GCDE) Advises and informs the Governor, state and local governments, the business community, and the disability community on ADA and other issues related to disability policy. Olympia: 360-438-3168 V, 360- 438-3167 TTY; Spokane: 509-532-3149 V, 509-532-3113 TTY. GCDE publishes"Producing Materials in Alternative Formats: A Guide for Agencies"which provides information on producing materials in large print, on audio tape or computer disk, and Braille. Send a written request for a copy. Northwest ADA/IT Center Provides information on the Americans with Disabilities Act and accessible information technology in Alaska, Idaho, Oregon and Washington. Oregon Health&Science University P.O. Box 574, Portland, Oregon 97207-0574 800-949-4232, voice and TTY 503-418-0785, FAX; nwada@ohsu.edu Sprint Washington Telecommunications Relay Service(TRS) Provides free telephone accessibility with TTY users. 500 108th Avenue NE, Suite 800, Bellevue, WA 98004; Relay Services: 800-833-6388 TTY; 800-833-6384 V. ADA Technical Assistance Hotline (U.S. Dept. of Justice) Provides free technical assistance and informational materials to people with disabilities, businesses, state and local government agencies, and the general public on rights and responsibilities under Titles II and Ill of the ADA. 800-514-0301 V/TTY. web site: www.usdoj.gov/crt/ada/ Washington Assistive Technology Alliance(WATA) Information &referral to disability resources, including assistive technology options, funding sources, legal issues, accommodations. • 509-328-9350 V/TTY; 800-214-8731 V/TTY; 509-326-2261 Fax; e-mail: spokane©seals.org web site: wata.org/wata/eatrc/index.htm Job Accommodations Network(JAN) An international toll-free consulting service that provides information regarding the ADA,job accommodations and the employability of people with disabilities. P.O. Box 6080, 918 Chestnut Ridge Road, Suite 1, Morgantown,VW 26506-6080; JAN ADA Information 800-526-7234 V/TTY; 800-ADA- WORK(232-9675)V/TTY; web site:janweb.icdi.wvu.edu/ Emergency Procedures for Employees with Disabilities in Office Occupancies A procedural guideline funded by the US Fire Administration and developed by the National Institute of Standards and Technology with assistance from the National Task Force on Life Safety and People with Disabilities. Write for a copy: United States Fire Administration, 16825 South Seton Avenue, Emmitsburg, MD 21727. Aitti#11#A page 2 of 8 504/ADA Assurance of Compliance 2003 Rev 1 (03103/03)ANIMA page 3 of 8 504/ADA Assurance of Compliance 2003 Rev 1 (03/03103) • 504/ADA SELF-EVALUATION QUESTIONNAIRE General Requirements Please check the appropriate answers. If necessary, attach additional pages of explanation. If you have fewer than 15 employees, please skip the first section and start with "Program Access." YES NO N/A 1 . Do you have a 504/ADA coordinator? If so, who? ® ❑ ❑ Name Orville Gilbert TitleDir. of compiian hone (253 ) 620-2344 and Licensing 2. Do you have an internal grievance procedure that allows for quick and prompt solutions for any complaints based on alleged non- compliance with 504/ADA? a ❑ ❑ 3. Do you have a policy that provides for notifying participants, applicants, employees, unions, and professional organizations holding collective bargaining or professional agreements that you do not discriminate on the basis of disability? a ❑ ❑ 4. Have you notified these individuals of your nondiscrimination policy? t ❑ ❑ 5. Do you provide ongoing staff training to ensure that staff fully understand your policy of nondiscrimination on the basis of disability and can take all appropriate steps to facilitate the participation of individuals with disabilities in agency programs and activities? f ❑ ❑ Program Access • 1. Do you notify the public and other interested parties that agency meetings, board of director meetings, hearings, conferences, public appearances by elected officials, and interviews will be held in accessible locations? 0 0 2. Do you notify the public and other interested parties that auxiliary aids (sign language interpreters, readers)will be provided, upon request, to participants with disabilities? 0 0 El 3. Do you have a Teletypewriter(TTY), or do you use the statewide Telecommunications Relay Service to facilitate communication with individuals who use TTYs for communication purposes? ❑ 0 Ig 4. bo you provide ongoing training to familiarize appropriate staff with the operation of the TTY (or Relay Service) and other effective means of communicating over the telephone with people with disabilities? 0 0 Program Access (continued) YES NO NIA 5. Do you make available, upon request, written material in alternate formats for people who have disabilities? (Alternate formats include large print, Braille, and audiocassette tapes) 0 0 ❑ 6. Are printed posters, announcements, and printed materials (including graphics) clearly legible and placed in physically accessible • locations where print can be read from a wheelchair? ® ❑ ❑ 7. If you have a mailing list for the purposes of information dissemination, does it include various disability groups? ❑ 0 El 8. Are your TTY number and procedures for accessing your services printed on all material distributed to the public? ❑ ❑ 10 9. Do you have a policy and procedure for safe emergency evacuation of people with disabilities from your facility(s)? ® ❑ 0 Employment and Reasonable Accommodation 1. When gathering affirmative action data regarding disabilities, do you make it clear that • the information requested is intended for use solely in connection with reporting requirements; • • the information is voluntary; • the information will be kept confidential; and • refusal to provide or providing the information will not subject the applicant or employee to any adverse treatment? ❑ 0 141 2. If you make pre-employment medical inquiries or conduct pre- employment medical examinations: • Is the inquiry related to the applicant's ability to perform the job? 0 • 0 El • Do.you condition offers of employment on the results of these examinations? 0 0 In • Is the examination required for all employees in the same job classification? 0 ❑ • • Are all applicants in the same job classification asked the same medical and/or interview questions? 0 0 3. Quring the application, interviewing, hiring, and employment process, do you provide reasonable accommodations to applicants and employees with disabilities? ® 0 0 Employment and Reasonable Accommodation (continued) YES NO N/A 4. Do you have a written policy stating the following? 504/ADA requires that information concerning an applicant's medical condition or history must be kept separate from personnel records and may be shared in only three ways: (1) supervisors and managers may be informed of restrictions on the work or duties of individuals with disabilities and informed of necessary accommodation(s); (2)first aid and safety personnel may be informed if the condition might require emergency treatment; and (3) government officials investigating compliance with 504/ADA shall be provided with relevant information upon request. ® 0 0 Physical Accessibility Complete the "Quick Look" Barriers Checklist and then answer the following questions: 1. Is the building(s) where your business is located barrier-free? ® ❑ ❑ 2. If you checked NO to any of the items on the Employment and Reasonable Accommodation checklist above, would these areas prevent an individual with a disability from accessing your program(s) or service(s)? ❑ ❑ k] If access would be impacted, describe on the Corrective Action Plan what steps will be taken to eliminate the barrier(s). If there are extenuating circumstances which would make barrier removal a financial or administrative burden, please explain in the Corrective Action Plan. This 504/ADA Self-Evaluation Questionnaire was completed by: Orville Gilbert November 25, 2003 (253) 620-2344 Print name Date Phone Number A#8 #A page 6 of 8 504/ADA Assurance of Compliance 2003 Rev 1 (03/03103) • "QUICK LOOK" BARRIERS CHECKLIST • This checklist is designed to give a quick appraisal of potential problem areas for accessibility. For detailed review standards, refer to the Washington State Administrative Code (WAC) 51-40-1100, Chapter 11 Accessibility. If you are not located in State of Washington, you may refer to federal ADA Accessibility Guidelines (ADAAG), state or local laws and regulations. YES NO N/A Building Access • Are 96"wide parking spaces designated with a 60" access aisle? ® ❑ 0 • Are parking spaces near main building entrance? ® 0 0 • Is there a "drop off' zone at the building entrance? ❑ ❑ • Is the gradient from parking to building entrance 1:12 or less? ® ❑ ❑ • Does the entrance doorway have at least 32"wide clearance? E ❑ ❑ • Is the door threshold no more than 1/2" high? ® ❑ 0 • Is the door handle easy to grasp? E ❑ ❑ • Are the doors easy to open (building entrance maximum 8.5 lbs. pressure, all internal doors 5 lbs. max.)? N 0 El • Are other than revolving doors available? ® 0 0 • Building Corridors • Is path of travel free of obstruction and at least 36" wide? ® 0 0 • Is floor surface firm and slip resistant? ® ❑ 0 • Do obstacles (phones, fountains) protrude no more than 4"? E 0 0 • Are elevator controls no higher than 48"? ® 0 ❑ • Are elevator markings in Braille? ® ❑ 0 • Does elevator provide audible signals? E 0 ❑ • Elevator interior provides minimum 51"turning area for wheelchairs? E ❑ ❑ Restrooms • Are restrooms near building entrance or personnel office? ® 0 0 • Do doors have lever handles? E 0 0 • Do restroom entrance doors have at least 32"wide clearance? ® 0 0 • Is restroom large enough for wheelchair turnaround (51" minimum)? E 0 0 • Are stall doors at least 32"wide? E 0 0 • Are grab bars provided in toilet stalls? E 0 0 • Are sinks at least 30" high with room for a wheelchair to roll under? E 0 0 • Are sink handles easily reached and used? E 0 0 • Are soap dispensers and towels no more than 48"from the floor? El 0 0 Personnel Office • Do doors provide at least 32"wide clearance? E 0 0 • Is the door easy to open? (max. 5 lbs. pressure) E 0 0 • Is the door threshold no more than 1/2" high? El 0 0 • Is the path of travel between furniture wide enough for wheelchairs? IB 0 0 AMNIA page 7 of 8 504/ADA Assurance of compliance 2003 Rev 1(03103/03) 504/ADA DISABILITY ASSURANCE OF Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified people with disabilities. I understand that federal and state laws prohibit discrimination in public accommodations and employment based solely on disability. In addition, I recognize that Section 504 requires recipients of • federal funds (either directly or through contracting with a governmental entity receiving federal funds) to make their programs, services, and activities, when viewed in their entirety, accessible to qualified and/or.eligible people with disabilities. I agree to comply with, and to require that all subcontractors comply with, the Section 504/ADA requirements. I understand that reasonable accommodation is required in both program services and employment, except where to do so would cause an undue hardship or burden. I agree to cooperate in any compliance review and to provide reasonable access to the premises of all places of business and employment and to records,files, information, and employees therein to King County for reviewing compliance with Section 504 and ADA requirements. I agree that any violation of the specific provisions and terms of the 504/ADA Disability Assurance of Compliance and/or Corrective Action Plan required herein or Section 504 or the ADA, shall be deemed a breath of a material provision of the Contract between the County and the Contractor. Such a breach shall be grounds for cancellation, termination, or suspension, in whole or in part, of this Contract by the County. According to the responses to the questions in the 504/ADA Self-Evaluation YES NO Questionnaire, (company name) All ianceOne Receivables B Management, Inc is in compliance with 504/ADA. If the above response is NO, the following corrective actions will be taken: Corrective Action Plan The following Corrective Action Plan is submitted to comply with Section 504 and ADA requirements. General Requirements Actions To Be Taken Completion Date Program Access Actions To Be Taken Completion Date 504/ADA DISABILITY ASSURANCE OF COMPLIANCE (continued) Employment and Reasonable Accommodation Actions To Be Taken Completion Date Physical Accessibility Actions To Be Taken Completion Date I D• are Under Penalty of ' : jury under the Laws of the State of Washington that the oregoi - is True and Correc Pr Signature of authorized signator Orville Gilbert Director of Ozmpliance & Licensing (253) 620-2344 Type or print name of authorized signator Title Telephone For Notary: State of Washingta , County of Pierce Signed and sworn before me on (date)november 25, 2003 by(print authorized signator name) Orville Gilbert Notary signature: �'� G%// � -►4 Notary (print name):Kevin Underwood My appointment expires: in !3 - J/ Contractor: Alliance0ne Receivables Management, Inc. 6565 Kimball DR, Suite p20T, Gig Harbor, WA 98335 Street Address City State Zip Statement of Compliance Union or Employee Agency Statement Name of Contractor AllianceOne Receivables Management Inc. Contract Numberrn/t92/'111 Please complete Part A.or Part B. below: A. I certify that the contractor is not signatory to any collective bargaining agreement and is a non-union shop. OR / Br ILBERT Director of Compliance&Licensing i O' ,.' ) CO i 'ANY REPRESENT IVE(Please print) TITLE 12-1-03 • S&TURE OF PE' . ►: '' I ABOVE DATE If the contractor is not signatory to a collective bargaining agreement and is a non-union shop,stop here. B. I certify that the contractor is signatory to a collective bargaining agreement AUTHORIZED COMPANY REPRESENTATIVE(Please print) TITLE SIGNATURE OF PERSON NAMED ABOVE DATE Please list all unions with which the contractor has a collective bargaining agreement. 1. 2. 3. 4. 5. 6. If the contractor is signatory to a collective bargaining agreement,the contractor must obtain from each union with which it has such an agreement a completed Statement of Compliance. The Statement of Compliance form is provided on page 2 of this document. Provided below is a letter format which explains the requirements of King County Code,Chapter 12.16. Complete the address blocks below and forward to your union(s)or employee referral agency,with the Statement of Compliance form provide on page 2. TO: FROM: • RE: Compliance with King County Code Chapter 12.16, "Discrimination and Affirmative Action in Employment by Contractors,Subcontractors and Vendors". • King County Code Chapter 12.16 and the supporting Affidavit and Certificate of Compliance require that all public work contractors doing business with King County in an aggregate amount of$10,000 or more per year and all other contractors doing business with King County in an aggregate amount of $25,000 submit a statement of compliance from their union/employee referral agency to the King County Business Development&Contract Compliance Section. The statement of compliance is to ensure that the union/employee referral agency is in compliance with Chapter 12.16 and does not"discriminate against any person on the basis of race,color,creed,religion,sex,age,nationality,marital status,sexual orientation or the presence of any sensory,mental or physical disability"in employment or referral for employment. In an effort to comply with King County Code Chapter 12.16,page 2 provides a form for signature by any authorized officer of your union/employee referral agency. In the event that you refuse to sign this statement of compliance, our compliance report shall so certify,and shall set forth what efforts have been made to secure the signing of this agreement. Your written response is required in this office on or before . Your cooperation in this matter is'greatly appreciated. • AUTHORIZED SIGNER .. DAT EXHIBIT G Page 1 of 1 to a2/2av2d King County District Court conjunctionAilwith Seattle Municipal Court) �anee0ne (in RFP# 139-03RLD-Collections Services Due Date: August 12,2003-2:00 p.m. fs+ of i `�► SECTION PAGE *Note: Certain pages have been left blank to accommodate double-sided printing. Request For Proposal Documents 139-03RLD document 1 complete copy signed and bound separately Addendum 1 1 signed original copy bound separately Copies also enclosed Table of Contents 1 A. Introduction 3 B. Monthly Billing and Collection Program 11 Specific information on how Proposer will implement requirements of Section II 11 A. Needs 11 B. Collection Efforts 18 C. Pre-collection Time Payment Monitoring 22 D. Probation 22 E. Records 23 F. Confidentiality 23 G. Nature of Referral 25 H. District Court 26 I. Pre-referral Notices/Producing & Mailing 26 J. Account Referrals/Method for District Court 27 K. Remittance 28 L. Time Payments 29 M. System Capabilities/Reporting 30 N. Reporting 39 O. Report Descriptions 40 P. Reporting to Credit Bureau—Disputed Accounts 40 Q. Disputed Accounts 41 R. Bankruptcy, Garnishments, Legal Suits 42 S. Procedures for Garnishment 42 T. Bankruptcy Procedures 46 U. Personnel 46 V. Legal Requirements 50 W. Volume 50 X. Subcontractors 51 Y. Performance Capability 51 Z. Performance Indicators 60 AA.Contractor Fees/Cost 61 BB.District Court Locations 62 CC.District Court Locations Accounts 63 DD.Uncollected Accounts 63 EE.New and Innovative Programs 64 1 tutaiJ ExA1 br/- W l l-t' 4k t 5 (. 1 • CITY OF RENTON COUNCIL AGENDA BILL Al N: � ► Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Technical Services March 14, 2005 ilohrol Staff Contact Karen McFarland, x7209 Agenda Status Consent X Subject: Public Hearing.. Determination of Compensation for the McLendon Correspondence.. Alley Vacation Petition (VAC-04-004); Portions of the Ordinance Alley East of Burnett Ave S and North of S 2nd Street Resolution Old Business Exhibits: New Business Issue paper Study Sessions Map Exhibit Information Appraisal Comments (2) Ordinance No. 3272 Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $0.00 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: An appraisal has been submitted by Steven Freidman, on behalf of McLendon Hardware, Inc. and the Tennessee Group, LLC, for acceptance and determination of compensation due the City for the area to be vacated in Alley Vacation VAC-04-004. This appraisal provides an opinion of fair market value for a portion of City alleyway running north and south between Burnett and Williams Avenues South and north of S 2nd Street. STAFF RECOMMENDATION: Accept the appraisal for the portion of the City alley, accept the appraisal for the twenty foot right- of-way dedication, set compensation at $25,500.00 for the Alley Vacation VAC-04-004, and accept the dedication in lieu of a part of the cash compensation that would be paid for the Alley Vacation VAC-04-004. Since City Code calls for the difference between the appraised values of$25,500.00 to be paid to the petitioner, the monies due the City from the petitioner would be zero. Accordingly, the monies due the petitioner from the City would also be zero. H:\File Sys\PRM-Property Services Administration\PRM-25-Street Vacations From 1990 and Forward\0043\compensation\agbil10305.doc\KMtp �rrr CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 1, 2005 TO: Terri Briere, Council President Members of Renton City Council VIA: )' `g)Mayor Kathy Keolker-Wheeler FROM: Gregg Zimmermarf;Administrator STAFF CONTACT: Karen McFarland, Technical Services Specialist (ext. 7209) SUBJECT: Determination of Compensation for the McLendon Alley Vacation Petition (VAC 04-004); Portions of the Alley East of Burnett Avenue South and North of South 2' Street w ISSUE: An appraisal has been submitted by Steven Freidman, on behalf of McLendon Hardware, Inc. and the Tennessee Group, LLC, for acceptance and determination of compensation due the City for the area to be vacated in Alley Vacation VAC-04-004. This appraisal provides an opinion of fair market value for a portion of City alleyway running north and south between Burnett and Williams Avenues South and north of South 2nd Street. RECOMMENDATION: Accept the appraisal for the portion of the City alley, accept the appraisal for the twenty foot right-of-way dedication, set compensation at $25,500.00 for the Alley Vacation VAC-04-004, and accept the dedication in lieu of a part of the cash compensation that would be paid for the Alley Vacation VAC-04-004. Since City Code calls for the difference between the appraised values of$25,500.00 to be paid to the petitioner, the monies due the City from the petitioner would be zero. Accordingly, the monies due the petitioner from the City would also be zero. BACKGROUND SUMMARY: Alley vacation request VAC-04-004 was conditionally approved on October 25, 2004, for the 115' in length and 10' in width alley running east and west between Burnett Avenue South and McLendon/VAC04-004 March 1, 2005 Page 2 of 3 Williams Avenue South just north of South 2nd Street and for the 30' in length and 10' in width alley running north and south in the same location. An appraisal report has been submitted on behalf of McLendon Hardware, Inc. and the Tennessee Group, LLC, for the 10-foot wide alley area to be vacated in Alley Vacation VAC-04- 004. The effective date of this appraisal report is December 16, 2004. This appraisal report presents an opinion of market value of$43,500.00 for the area to be vacated in Alley Vacation VAC-04-004. Staff believes the estimate determined in the appraisal represents a reasonable and fair market value. This appraisal also presents an opinion of market value of$69,000.00 for the area to be dedicated as a condition of approval for Alley Vacation VAC-04-004. State Law and City Code allow for compensation in the amount of the full-appraised value if a street or alley has been a dedicated public right-of-way for twenty-five years or more. All of the alley right-of-way in this vacation has been dedicated public right-of-way for twenty-five years or more. The right-of-way included in this alley vacation was obtained through quitclaim deeds. The west five feet of the alley running north/south were dedicated to the City on July 31, 1925, by John and Josephine Laramie,through a quitclaim deed. The east five feet of the alley running north/south were dedicated to the City on July 31, 1925, by John and Elizabeth Comb, through a quitclaim deed. The ten feet of the alley running east/west were quitclaimed to the City on November 16, 1978, by McLendon Hardware, in partial exchange for the 350 feet of north/south alley vacated in City ,, of Renton Ordinance 3272 which was passed and approved on August 11, 1978. At that time, the petitioner received credit for the full-appraised value of said ten feet against one-half of the appraised value of the vacated alley, which was 10 feet in width and 350 feet in length. The property rights being extinguished by the proposed alley vacation would be functionally equivalent to the property rights that will be obtained through the right-of-way dedication across the petitioner's property. Currently, the City has complete control over the alley and can already use it for vehicular access as well as for the use of public and private utilities. The proposed dedication would provide the City with equivalent control and uses. If Council chooses to accept the Planning/Building/Public Works Department recommendation to accept the December 16, 2004, appraisal of the alley and the proposed dedication area,then City Code requires that the difference between the appraisals of$25,500.00 be paid to the petitioner. Staff notes that although the total square footage of the proposed dedication area is greater than the area of the proposed alley vacation, the use and purpose would be equal. As shown in the attached Ordinance No. 3272 (Passed: 8/11/1978; Effective: 12/20/1978), the area of the alley as initially established was a straight line. The 1978 vacation of 350-foot of the original north/south alley allowed the McLendon's Hardware site to be developed more fully and allowed equivalent access to the remaining alley since the site's parking was constructed alongside the new alley dedication. The area being granted by the petitioner requires a larger area in order to maintain access to the remaining alley that is equivalent to the access as initially created during the alley's establishment and the effective access as developed for the original H:\File Sys\PRM-Property Services Administration\PRM-25-Street Vacations From 1990 and Forward\0043\compensation\IP0305.doc\KLMtp McLendon/VAC04-004 March 1, 2005 Page 3 of 3 McLendon's Hardware site. Staff does not believe the City should pay to obtain equivalent ',owe access. Council would therefore need to set compensation at$25,500.00 for Alley Vacation VAC-04-004 and accept the dedication in lieu of a part of the cash compensation that would be paid for Street Vacation VAC-04-004. If the Council set compensation at $25,500.00, the monies due the City from the petitioner would be zero and the monies due the petitioner from the City would also be zero. CONCLUSION: Staff has reviewed the December 16, 2004, appraisal submitted by Steven Friedman on behalf of McLendon Hardware, Inc. and the Tennessee Group, LLC and concludes that the appraisal meets industry standards. The Planning/Building/Public Works Department recommends that Council accept this appraisal. The Planning/Building/Public Works Department also recommends that Council set compensation at $25,500.00 for Alley Vacation VAC-04-004 and accept the dedication in lieu of a part of the cash compensation that would be paid for Alley Vacation VAC-04-004. Since City Code calls for the difference between the appraised values of$25,500.00 to be paid to the petitioner, the monies due the City from the petitioner would be zero. Accordingly, the monies due the petitioner from the City would also be zero. cc: Lys Hornsby, Utility Systems Director err►' H:\File Sys\PRM-Property Services Administration\PRM-25-Street Vacations From 1990 and Forward\0043\compensation\IP0305.doc\KLMtp EXHIBIT A EXHIBIT MAP ALLEY VACATION NS PLAT OF THE TOWN OF RENTON RENTON, WASHINGT0N 30' 1 - 1 1 tII- ii-31-I IJ 0007200096 WI O F- t cV W 20 1 N10 ( to 0 7231502130 o zl 1 oti�"' — — — I W N I \. Al13 N l'o ;� 2 cw no g , I 19 7231502125 j o rn EXISTING 5' ALLEY, + ( w z REC. NO: 2117471 & 2117484; - yy 'PORTION TO BE VACATED I N88'23'47-W N 'n - "'TJ 41 3 1. it S_ . \ `'a O: (tC\� CO 10`� N N N88'23'4TW 115.00' it %\ ; �' z N ���������������iii%�iiii / oo N 7231502120 V) ili ZI N88'23'47'W 115.00' s Z 4 Ili — I — 1=1- I - I / NO129'20"E 10.00' i I�o a l I— t 50.08' N88'23'47'W I Cl) W Z t 4 EXISTING 10' ALLEY. 7231532030 17 w REC. NO. 7811200482 EXISTING 5' ALLEY, o a m , TO BE VACATED REC. NO. 2117478; 1.4 J 120.00' __ TO BE VACATED 1 N N8873'47'W w \ 16 lz I 3 ' I Nth I 1co -6,,,1 1 0; 1 z• �� -- 1,1 , 30' 120.13' N88'23'4TW P:\PO4\0444110\CAD\4441-EXHIBIT.dw9 07/12/2004 095022 AM PDT l Engineering Plonning Surveying Penhallegon Associates Consulting Engineers, Inc. .-'.. 750 Sixth Street South Kirkland. WA 98033 ww+-Pacee^9rs-corn :_:, PH: (425) 827-2014 1-800-945-8408 - FAX: (425) 827-5043 Kirkland Seattle SCALE: 1' = 50' FILE:\4441-EXHIB1T.DWG DATE: 07/12/04 PROD. NO.: 0444110 . ',mid APPRAISAL REVIEW COMMENTS Reviewed by: Karen McFarland, Utility Systems Division/Technical Services Effective Date of Appraisal: December 16, 2004 Prepared by: Lori E. Safer Integra Realty Resources Property: A portion of Lot 18, Block 24, Town of Renton (Tax Parcel #723150-2120). (Alley Vacation File No.VAC-04-004) GENERAL: The report contained the necessary analysis for the appraiser to form an opinion of the fair market value of that portion of right-of-way to be dedicated. The report indicated that the right-of-way to be dedicated has a highest and best use as a mixed-use or multi-family complex. QUALIFIED APPRAISER The appraiser is experienced and a well-qualified state certified appraiser. PROPERTY VALUATION The land value of the subject property is assessed for taxes by the King County Assessor at $14.00 per square foot. The sales comparison approach was the most appropriate method for valuation and, thus, was the method used for this valuation. The fair market value was based upon direct comparison with recent sales of similar properties. ''err FIELD INSPECTION An inspection of the subject property and all comparables was made by the appraiser. COMPARABLE SALES The fair market value was determined based upon direct comparison with recent sales of similar properties within a reasonable distance of the subject site. The adjustments to the comparable sales were found to be within a reasonable range of the subject site valuation. CONCLUSION The Planning/Building/Public Works Department recommends that the Council accept the appraised value of the subject land of$69,000.00 ($30.00/sf)for the proposed dedication area 20 feet in width and approximately 2,300 square feet. '4rrr+ APPRAISAL REVIEW COMMENTS Reviewed by: Karen McFarland, Utility Systems Division/Technical Services Effective Date of Appraisal: December 16, 2004 Prepared by: Lori E. Safer Integra Realty Resources Property: A portion of alley located northeast of the intersection of Burnett Ave. S and S. 2nd St. (Alley Vacation File No. VAC-04-004) GENERAL: The report contained the necessary analysis for the appraiser to form an opinion of the fair market value of that portion of right-of-way to be vacated. The report indicated that the right-of-way being vacated has a highest and best use of assemblage with the adjoining and surrounding properties and development as a mixed-use or multi-family complex which is a use consistent with current zoning and surrounding land uses. QUALIFIED APPRAISER The appraiser is experienced and a well-qualified state certified appraiser. PROPERTY VALUATION Since the subject property is right-of-way, it is not assessed for taxes by the King County Assessor. The sales comparison approach was the most appropriate method for valuation and, thus, was the method used for this valuation. The fair market value was based upon direct comparison with recent sales of similar properties. Nuid FIELD INSPECTION An inspection of the subject property and all comparables was made by the appraiser. COMPARABLE SALES The fair market value was determined based upon direct comparison with recent sales of similar properties within a reasonable distance of the subject site. The adjustments to the comparable sales were found to be within a reasonable range of the subject site valuation. CONCLUSION The Planning/Building/Public Works Department recommends that the Council accept the appraised value of the subject land of$43,500.00($30.00/ sf)for the right-of-way 10 feet in width and approximately 1,450 square feet. 4 . •::: WO I BEC 14 12 49 PH"I? c , k' • RECORDEDKCRECOROS CITY OF RENTON, WASHINGTON ORDINANCE NO. 3272 . AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON ,... VACATING A PORTION OF ALLEY BETWEEN WILLIAMS SOUTH AND BURNETT AVENUE SOUTH (VAC-4-78) ,',., • , , . ..k...* ..3,.., WHEREAS a proper petition for vacating a portion of an' ..,.'.. alley between Williams South and Burnett Avenue South, Renton, King County, Washington, was duly filed with the City Clerk on or about .. . June 12, 1978, and said petition having been signed by owners , . representing more than two-thirds of the property abutting upon such alley sought to be vacated; and WHEREAS the City Council by Resolution No. 2194 passed and approved on June 26, 1978 and after due investigation, did 00'• io fix and determine the 24th day of July, 1978 at the hour of 8:00 .0, ,;.. P.M. in the City Council Chambers of the City of Renton to be the !,6 time and place for a public hearing thereon, and the City Clerk :: • .0.' 4440, • having given due notice of such hearing in the manner provided 0'• ,,,... by law, and all persons having been heard appearing in favor or 4. in opposition thereto; and '.1. WHEREAS the Department of Public Works and the Planning Department of the City of Renton having duly considered said petition ifor said vacation, and having found same to be in the public interest 0 i • and for the public benefit, and no injury or damage to any person ;,.., or properties will result from such vacation; • Iti NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, '.: WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: The following described portion of alley t .0 to-wit: ' ' t,-1 It ly , „ ,..,•,,, r,!,. 41111111f 164"'''" ,,,, '' . ,,,,.,,,,,,,..,:- ,,.......-. ....- ....•,,\.7 -,.-. • •• --..•-•'• '' ,.-- " ' ,;."'"'.:-."1.4tt''•'.'Z'.j.:-'-'77 * „/R VAW2 r. . S':;:r."'1`'P7P-1'.iijkl'O''' 'r.' t. ' , ' .' '' . ••‘, ,.'-':',:..''''' :"7•-•',',, 1 7. ',. . ''” ''' - •':4` ‘, - — . • , ' ' ', ' •,' ',.:, :: '.,f, - - . '';" ,'-vYis).'2„,7k.g.c,,,, I„ 4.,,,, • ", ''''-;('-':-*,-;',•.•, :: . r'1 That portion of an alley having a width of 10 feet within block 24, Town of Renton as recorded in Volume 41000 1 of Plats, page 135, records of King County, Washington lying southerly of the westerly extension of the north line of Lot 17 said plat; 'situeted within the NE 1/4 of Sec. 18, Twp 23 N. , Range 15 EWM. 4.61 ' BE AND THE SAME IS HEREBY VACATED, SUBJECT TO a dedication to the is City of sufficient property owned by the applicants along the westerly 5t . margin of said property from Burnett Avenue to a point connecting with gr, the existing alleyway immediately to the north of the vacated portion, '` the dedication more particularly described as follows: The North 10 feet of the south 30 feet of Lot 3, Block 24, Town of Renton, as recorded in Volume 1 of plats, page 135 records of King ., County, Washington , r.. i' AND FURTHER SUBJECT to payment to the City of one-half of the appraised value of the vacated ,property less the appraised value of the property required to be dedicated. SECTION II: This Ordinance shall be effective upon its passage, approval and five days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, King County, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 11th day. of';''Au us'C,` it118. Maxine E. Motc$0;('KV:t% Ci ,Y! Clerk °, APPROVED BY THE MAYOR this 11th day of •LL.Ut,,• 1.97$. 1:1' ar es J be auren l, '-yor * ;t App ed as to l/A , ,, , . . ';1S �F". ,a4r4of® a. WaYten, city AttoeneY { !D&ta Pub]icttion: Aaceber 15, 441.0 u f yx 7 1 �• • . � �. Y y�;Rr.,,i�,.�r �•,�,yy�a�;f`n,�.,'•1..•�a"<r.,i. ,. �y ,(�,yi:; PT ,}mgr ,v,'-..crdi 3'-'..:.t-,':', ',v,,4�iy..w' i , y }��kl t, ,t'N to we , r 4 7 F{-+>, F� - . _ . . i. ..S •,,,.I.r A., .^::,1\r ; .,7': 4_1',t'.`'3,1 5� :k:y3 r' 1 • aYJ� . ' ': r' '......,-;;N:641- '• a' ' v If •••:�''•' `;, = PORTION OF ALLEY TO BE VACATED ' �'~ •=.•Sili r PORTION OF LOT 3, TO BE DEEDED TO THE CITY OF RENTON ;, = MC LENDON HAROWARE . =ALEX CUGINI JR. 1 xr - 1 • • (2 4) `•/f • :,'fit 30 1' .`'. // 30 30 it • 4 /7 �•4 NORTH. ':,'I vi r rr — co 11 g 16 0 x . i s • rr • I , P: if Q . . Z .} Q•�0' 14 • iri8 /3 h 0 • j 2cc 4 Q 9 12 • tiv,. \\_... to {.• I! h 5. ri SECOND ST. ,�. .. .. } I. E'til `•,' . �>•f CYT j,'- ,"' S1' ti Al,5 ;: i, =tip; ;t<,1,k.f ..Yiii-•;',',•,1,t,.., .g ,'.5-',:',. a ,, '� n t:.s:1,....,,,,I.:,,,:--,,,i:-•,-•'•0••'.•. -•'•;•7,1**.„, 1.,,,',:.r ?1�,,r, 411111Wy°i�,�1C'.':: F�;�` : � TAY � 1 `'I" -- m?+:," { 'ytr „ �R ,0 , 4 n'0,.c'y af� , Yti ,4"C,,ft hTl ll • • • :,,..A-,:e4:4:.:4”,.` . <ktT 1 It il�f N t 4" 'Sly1.` 1 `3' N ••�y ..4-� if•. CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: tikooi Dept/Div/Board.. Transportation Systems March 14, 2005 Staff Contact Sharon Griffm, Ext.7232 Agenda Status Consent Subject: Public Hearing.. Correspondence.. SR-169 Corridor Improvement Funding Ordinance Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Resolution Information 2005-2010 Six-Year TIP Project Sheet Resolution No. 3696 Resolution No. 3697 Recommended Action: Approvals: Legal Dept X Refer to the Transportation/Aviation Committee Finance Dept Other Fiscal Impact: Expenditure Required... $ 0 Transfer/Amendment Amount Budgeted $ 0 Revenue Generated Total Project Budget $ 0 City Share Total Project.. $ 0 SUMMARY OF ACTION: The SR-169 Improvement Consortium, including the cities of Renton, Maple Valley, Black Diamond, and Enumclaw, are requesting Washington State legislative funding for improvements on the corridor. A resolution would express Renton's continued support for the SR-169 corridor study and for the two non- Renton intersection improvements. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to express the City of Renton's support through resolution for Washington State Legislative funding for critical intersection improvements along SR-169. H:\Division.s\TRANSPOR.TA7\PLANNING\Sharon\Agenda Bills\AB 2005 SR 169 Corridor Improvement Funding.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: March 14, 2005 TO: Terri Briere, Council President Members of Renton City Council VIA: fit)Kathy Keolker-Wheeler, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Sharon Griffin, Program Development Coordinator, (extension 7232) SUBJECT: SR-169 Corridor Improvement Funding ISSUE: The SR-169 Improvement Consortium, including the cities of Renton, Maple Valley, Black Diamond, and Enumclaw, are requesting Washington State legislative funding for improvements on the corridor. A resolution would express Renton's continued support for the SR-169 corridor study and for the two non-Renton intersection improvements. RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to express the City of Renton's support through resolution for Washington State Legislative funding for critical intersection improvements along SR-169. BACKGROUND: There are two previous resolutions approved by Council in June 2004 (No. 3696 and 3697 attached)that are related to this issue. The City of Renton sponsored the cities of Maple Valley and Enumclaw in their efforts to obtain federal funding for a corridor study for State Route-169 from I-405 in Renton to the City of Enumclaw. The SR-169 Improvement Consortium continues to seek state funding for their cities' improvements. The City of Renton, in the meantime, has fortunately secured $2.2 million in Transportation Improvement Board (TIB) grant funding for the SR-169/1-405 Interchange Terri Briere,Council President Members of Renton City Council March 14,2005 Page 2 Re: SR-169 Corridor Improvement Funding Nod improvements and is not asking the legislature for additional funding. The funding available will complete the first two phases of Renton's SR-169 improvements. The Consortium includes members from cities, school districts, fire districts, and chambers of commerce. cc: Sandra Meyer,Transportation Systems Director Nick Afzali,Planning and Programming Manager Sharon Griffin,Project Development Coordinator Project File H:\Division.s\TRANSPOR.TAT\ADMIN\Agenda 2005\IP 2005 SR 169 Corridor Improvement Funding.doc • CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SUPPORTING LEGISLATIVE FUNDING FROM THE 2005 WASHINGTON STATE LEGISLATURE FOR CERTAIN ROAD IMPROVEMENT PROJECTS ON SR-169 TO SIGNIFICANTLY INCREASE THE LEVEL OF SERVICE. WHEREAS, SR-169, the Maple Valley Highway, runs from Renton to Enumclaw and is an important state arterial that moves significant freight and passenger vehicles;and WHEREAS, the SR-169 Improvement Consortium seeks to help focus attention on needed changes to the SR-169 corridor, and Renton is a member of this consortium of cities, school districts, fire districts and chambers of commerce; and WHEREAS, the cities and unincorporated areas along the SR-169 corridor are some of the fastest growing areas in the state, and are growing in accordance with and under Growth **awe Management Act guidelines; and WHEREAS, the added population plus added hauling for construction projects such as the SeaTac Airport Third Runway are leading to significant transportation delays along this important corridor; and WHEREAS,there are recognized transportation bottlenecks, particularly at Four Corners (the intersection of two state highways — SR-516 and SR-169), as well as the SR-169 and SE 416th intersection between Enumclaw and Black Diamond, for which a project has been identified; and WHEREAS,the Cities of Renton and Maple Valley have already put together most of the funding to build improvements that would greatly improve the levels of service on their bottlenecks; 1 RESOLUTION NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The City Council of the City of Renton urges the Washington State Legislature to appropriate $4 million to meet the funding requirements for two well-recognized traffic bottlenecks on SR 169, and to include this appropriation in the 2005 Transportation Budget. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1096:2/22/05 2 • CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS TRANSPORTATION SYSTEMS DIVISION 2005-2010 SIX-YEAR TIP SR 169 Corridor Study Functional Classification: Principal Arterial Fund: 317 Proj.Length: Proj: 12401 RANK: 11 CONTACT: Nick Afzali 425.430.7245 DESCRIPTION: STATUS: The SR 169 corridor starts in Enumclaw and runs north for approximately 25 miles to Renton and terminates adjacent to the SR 169/1-405 interchange. SR 169 is a problematic corridor as it connects I- 405 and SE Renton with Maple Valley and rural Icing County. This planning corridor study will evaluate potential multi-modal improvements along the corridor to enhance mobility for motorist,transit and non- motorized uses,as well as reducing accidents. JUSTIFICATION: CHANGES: There have been sizable increases in traffic volumes,particularly on the north end of the corridor,in and New project. Contributions from partners: City of Renton=$50,000;City of Maple Valley= adjacent to Renton. SR 189 experiences considerable congestion during both the AM and PM peak hours $50,000;King County=$50,000;State Legislature=$400,000. $164,022 in STP in Renton. This study will also consider existing and future land use along SR 189,given the Increasing Countywide funding was applied for through Renton by the Cities of Maple Valley amount of residential development along the corridor. This study was funded in the 2004 WSDOT ($116,200)and Black Diamond($47,822). Supplemental Transportation Budget. Funded:I 50.0001 Unfugded Project Totals Programmed Pre-2005 Six Year Program ITEM Programmed Spent In 2003 2004 Total 2005 2006 2007 2008 2009 2010 EXPENSES: • Project Development 50,000 50,000 50,000 Precon Eng/Admin " R-O-W(includes Admin) Construction Contract Fee Construction Eng/Admin Other TOTAL EXPENSES 50000 50,000 50,000 SOURCES OF FUNDS: 1/2 Cent Gas Tax Business License Fee 9,606 9,606 9,606 Grants In-Hand Mitigation In-Hand 40,394 40,394 40,394 L.I.D.'s Formed Other In-Hand Grants Proposed Mitigation Proposed • L.I.D.'s Proposed Other Proposed Undetermined TOTAL SOURCES 50,000 _ 50,000 50,000_ iwc.ir. Wl2k 4 a+AJ/ 5-11 FINAL �'� --1111111 - - _ RECD -: JUN 2004 CITY OF RENTON, WASHINGTON Transportation systems Div. RESOLUTION NO. 36% A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MAPLE VALLEY CONCERNING APPLICATION FOR PUGET SOUND REGIONAL COUNCIL FUNDS FOR PLANNING FOR S.R. 169 FROM I-405 TO THE CITY OF ENUMCLAW. WHEREAS, the Puget Sound Regional Council (PSRC) has been designated as the Metropolitan Planning Organization for the Central Puget Sound Region with the responsibility for allocating federal transportation grants;and WHEREAS, PSRC has established planning requirements for member jurisdictions to become eligible for transportation grants;and WHEREAS, Maple Valley has not met the planning requirements to be eligible for a - grant from the 2004 grant allocation process, while the City of Renton has met the planning responsibilities;and WHEREAS, the Washington State Legislature has budgeted $400,000 for a corridor • study for State Route 169 from I-405 in Renton to the City of Enumclaw, which sum is minimal given the length of the corridor, requiring King County, Renton, Maple Valley, and Black Diamond to augment the budget provided by the legislature;and WHEREAS, Renton is willing to make an application to PSRC for $116,200 tentatively determined to be available to Maple Valley in competition for a transportation grant, and to make those funds available for the SR 169 corridor study; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. 3696 SECTION I. The above findings are true and correct in all respects. [..7) Niume SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Maple Valley entitled"Memorandum of Understanding." PASSED BY THE CITY COUNCIL this 14th day of June , 2004. /601t4t U,V Waite Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 14th day of June ,2004. 46,-"ZA ' L' '2-eaN Kathy K:$lker-Wheeler, Mayor Approved as to orm: Lawrence J. Warren, City Attorney RES.1047:6/2/04:ma Nome 2 RECEIVED JUN 1 8 2004 CITY OF RENTON, WASHINGTON Transportation Systems Div. *41110 RESOLUTION NO. 3697 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF BLACK DIAMOND CONCERNING APPLICATION FOR PUGET SOUND REGIONAL COUNCIL FUNDS FOR PLANNING FOR S.R. 169 FROM I-405 TO THE CITY OF ENUMCLAW. WHEREAS, the Puget Sound Regional Council (PSRC) has been designated as the Metropolitan Planning Organization for the Central Puget Sound Region with the responsibility for allocating federal transportation grants;and WHEREAS, PSRC has established planning requirements for member jurisdictions to become eligible for transportation grants;and WHEREAS, Black Diamond has not met the planning requirements to be eligible for a _ grant from the 2004 grant allocation process, while the City of Renton has met the planning responsibilities;and WHEREAS, the Washington State Legislature has budgeted $400,000 for a corridor study for State Route 169 from I-405 in Renton to the City of Enumclaw, which sum is minimal given the length of the corridor, requiring King County, Renton, Maple Valley, and Black Diamond to augment the budget provided by the legislature;and WHEREAS, Renton is willing to make an application to PSRC for $47,822 tentatively determined to be available to Black Diamond in competition for a transportation grant, and to make those funds available for the SR 169 corridor study; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, • WASHINGTON, DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. 3697 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, Ns""'' WASHINGTON,DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with the City of Black Diamond entitled"Memorandum of Understanding." PASSED BY THE CITY COUNCIL this 14th day of June 2004. )60-n44,t1.-'‘i 1tz Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 14th day of June 2004. *am, cic2 rbrebi - LOG , Kathy K-.lker-Wheeler, Mayor Approved as t• orm: 'kr seilt&e"- Lawrence J. Warren, City Attorney RES.1048:6/2/04:ma 2 CITY OF RENTON CerUtt413eLiett�t,G� 44 4:2) CITY OF RENTON .a `, MAR 0 4 2005 Office of the City Attorney Kathy Keolker-Wheeler, Mayor RECEIVED Lawrence J.Warren oITY CLErIKT()mei Assistant City Attorneys Mark Barber Zanetta L. Fontes Ann S. Nielsen Sasha P. Alessi MEMORANDUM Whitney A. Faulkner To: Bonnie Walton, City Clerk From: Lawrence J. Warren, City Attorney Date: March 3, 2005 Subject: Correspondence regarding Amberwood II Preliminary Plat Appeal I have had a chance to talk with the Chair of the Planning and Development Committee, Councilman Dan Clawson, about the motion to supplement the record in this matter. Procedurally, he has decided that it would be best if the information was forwarded to the Committee and Council. Parts of the information are subject to judicial notice by the Committee and the information will be conveniently available through the motion. The remainder of the information is information that staff will be relying upon in making its presentation to the Committee. Again, having the information in one place will be convenient for the Committee. If • the Committee decides to reject any of the information, it will do so by ruling at the Planning and Development Committee meeting. Thank you for your diligence in enforcing the City Code. Lawrence J. Warren LJW:tmj T10.42:33 cc: Jay Covington Neil Watts Jennifer Henning Now Post Office Box 626-Renton,Washington 98057- (425)255-8678/FAX(425)255-5474 RENTON _ _ AHEAD OF THE CURVE Y CITY OF RENTON CITY CLERK MEMORANDUM DATE: February 25, 2005 TO: Tern Briere, Council President Members, Renton City Council FROM: b Bonnie Walton, City Clerk, x6502 CC: Kathy Keolker-Wheeler, Mayor Larry Warren, City Attorney SUBJECT: Correspondence regarding Amberwood II Preliminary Plat Appeal (Referred to Planning & Development Committee on 2/14/2005) Correspondence for each Councilmember was received in the mail 2/23/2005 from Amy L. Kosterlitz, attorney for the appellant in the referenced appeal. The subject of Ms. Kosterlitz's letter is "Motion to Supplement the Record in Appeal of Hearing Examiner's Recommendation dated 1/18/2005 regarding the Amberwood Phase II Preliminary Plat." In the letter, Ms. Kosterlitz asks that twelve documents be added to the record. Concern regarding this correspondence includes: the admissibility of the new documentation, and the timeliness of the correspondence, as the deadline for submission of additional letters regarding this appeal was February 14`h. Therefore, upon the advice of the City Attorney office, I am holding this correspondence until the City Attorney has reviewed it. Once the review is complete, the City Attorney office will brief Council regarding the correspondence. If so advised, the correspondence can be placed on the following Council agenda for action. For Council's information, the following section from Renton Municipal Code, 4-8-110.F, regarding appeals to Council is provided: 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. cc: Jay Covington,CAO Jennifer Henning,Principal Planner th Anniversary B k ♦ 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 206-382-9540 G o r o n LLP 206-626-0675 Fax Attorneys at Law www.buckgordon.com CITY OF RENTON February 22, 2005 FEB 2 3 2005 RECEtVED CITY CLERK'S OFFICE Dan Clawson, Chair Denis Law, Vice-Chair Marcie Palmer, Member City Council Planning & Development Committee Renton City Council 1055 South Grady Way Renton, WA 98055 Re: Motion to Supplement the Record in Appeal of Hearing Examiner's Recommendation dated 1/18/2005 regarding the Amberwood Phase II Preliminary Plat (File No. LUA-04-117, PP, ECF, R). Dear'Mr. Clawson, Mr. Law, and Ms. Palmer: Novae We represent Steve Beck and the Bales Family with regard to their request for Preliminary Plat and Rezone approval of the Amberwood Phase II project, a 17-lot subdivision of a three parcel, 4.24-acre site located at 6135 4th Street. The site was recently annexed and zoned by default as Residential — 1 (R-1), from which a rezone to R-5 is requested. The 17 lots are intended for future development of detached single family homes. The Amberwood Phase II site is part of the former Bales Annexation area. This area was designated Residential Low Density (RLD) under Renton's Comprehensive Plan, for which the following zones were allowed: RC, R-1, R-4, and R-5. The proposed prezoning for the Bales Annexation area was R-5. As you may know, at the time of the annexation election Randy and Rosemary Leifer, one of the property owners in the annexation area, misunderstood the process and failed to support R-5 zoning. See Attachments I — K. Since the R-4 zoning regulations were under development, the City was forced to bring the annexation into the City with R-1 zoning with the understanding that the applicants would request a rezone to R-5 zoning in the future. This understanding that the property would be brought in with R-5 zoning is documented in Resolution No. 3624, calling for annexation of the area. See Attachment A. Mr. Beck completed an application for Preliminary Plat and Rezone approval on October 15, 2004. On November 10, 2004, the City Council adopted Ordinance 5100 replacing R-5 zoning with the R-4 Zoning District. See Attachment B. The Ordinance contained a provision that grandfathered the parcels which previously vested an application or developed as R-5 with R-5 zoning. The Amberwood Phase II site could not benefit from this grandfathering provision because the site was only vested to request R-5 at the time the Ordinance was issued, on account of the procedural error made during the annexation election and the default zoning. However, because Mr. Beck's application was completed prior to Y:\W P\CU\BALES\CCLETTE R21505 DOC November 10, he does retain a vested right to request R-5, which all parties found appropriate, as set forth below. Noir Mr. Beck has several documents that show that the City of Renton, including both the City Council and the Planning Department, all felt a rezone of the Amberwood Phase II site to R-5 was appropriate. This is reflected in the Resolution, the Council Hearing Handout, the Preapplication Staff Report, the Staff Report submitted to the Hearing Examiner, the City Council Minutes, and letters drafted by Rebecca Lind to Susan Fiala.1 Mr. Beck's application received the support of the City Planning Department, which recommended approval of the Plat and Rezone to the Hearing Examiner in its Staff Report. The Staff Report found that a rezone to R-5 meets the relevant rezone criteria in part because the properties surrounding the site have already been developed at R-5 densities so a rezone would meet the Community Design Element Objective CD-D which states that "New neighborhood development patterns should be consistent with Renton's neighborhoods and have an interconnected road network." Because Mr. Beck received such widespread support from the City and because the rezone was unopposed by local residents, the Hearing Examiner's recommendation to deny a rezone of the site to R-5 came as a surprise. Mr. Beck was not expecting his right to request R- 5 as opposed to R-4 to be an issue.2 Consequently, we did not include documents relevant to this issue, raised for the first time by the Hearing Examiner, in the record. We hereby submit a Motion to Supplement the Record to include the omitted documents. Because this is not new evidence but represents material in the City's files that responds to a new issue raised by the Hearing Examiner, this matter should not be remanded to the Examiner. Council is the best judge of what it intended in its own Annexation Resolution, which is one of the documents we have submitted. The Amberwood Phase II preliminary plat proposal is designed for the R-5 zoning that was available when Mr. Beck submitted the application. This is the density at which the Amberwood Phase I project, across the street, was developed. In fact, all of the parcels surrounding the site, with the exception of county-owned open space to the South, appear to have been developed at R-5 and R-6 densities. See Attachment H. Mr. Beck is in a unique position (it is our understanding that Amberwood Phase Il is the only site with a vested right to request R-5) so allowing R-5 would not create a precedent, undercutting the R-4 zone. It would be unfair and unnecessary to deny the proposed R-5 rezone after Mr. Beck was advised by the Planning Department to submit his plat application according to R-5 standards. See Attachment D. A rezone to R-5 is already a compromise from the R-8 zoning Mr. Beck originally requested. See Attachment C. A denial of the rezone would require Mr. Beck to draft a new preliminary plat proposal and would reduce the number of lots available to him for development. This is not only unfair to Mr. Beck but is contrary to the City's policies. R-5 zoning of the Amberwood Phase II site is consistent with the City's residential policies in the Comprehensive Plan, which call for infill development, efficient land utilization, and an urban density of at least 4 dwelling units per net acre for most residential uses. See Renton Comprehensive Plan, LU-BB, LU-123, and LU-130. Additionally, Mr. Beck has agreed to the 1 Rebecca Lind explains in a July 3, 2003 letter to Susan Fiala that R-8 zoning would allow for too much density on the site and that R-5 is the appropriate zoning. Nod 2 In fact, R-4 was not even a zoning district at the time of annexation or when Mr. Beck submitted the complete application. Y:\WP\CLJ\BALES\CCLETTER21505.DOC 2 SEPA mitigation measures issued by the Environmental Review Committee, which include "k+'' some of the R-4 development standards. In summary, because the Hearing Examiner introduced discussion in his Recommendation regarding the advisability of a rezone to R-4, we would like to add the documents set forth in the attached Motion to the record for review by the City Council: A. Resolution No. 3624 (annexing the Bales Annexation area) B. Excerpt of Ordinance 5100 (replacing R-5 with R-4) C. Letter from Rebecca Lind to Susan Fiala, July 3, 2003 (discussing R-5 versus R-8 zoning of the site) D. Preapplication Review Report by Susan Fiala, July 10, 2003 E. Council Hearing Handout for Bales Annexation Public Hearing to Consider R-1 Prezoning, March 1, 2004 F. Excerpt of Renton City Council Minutes, January 26, 2004 (discussing eventual rezone of annexation area to R-5) G. Excerpt of Renton City Council Minutes, March 1, 2004 (discussing eventual rezone of annexation area to R-5) H. Map of "built out" surrounding zoning Excerpt of Renton City Council Minutes, November 10, 2003 (correspondence read by Randy and Rosemary Leifer stating they mistakenly voted against R-5 zoning); J. Excerpt of Renton City Council Minutes, December 15, 2003 (discussing assignment by default of R-1 zoning in the annexation area); K. Letter from Randy and Rosemary Leifer to Mayor Tanner explaining how they mistakenly voted against R-5 zoning; and L. Petition by Irvin Leifer to the Renton City Council calling for an annexation election. As mentioned above, these documents are not new evidence but represent material in the City's files that evidence ongoing support by the City of Renton for R-5 zoning of the Amberwood Phase II site. We appreciate your consideration of this matter. Very truly yours, • Noire Amy L. Kosterlitz Y:\WP\CL.ABALES\CCLETTER2150S.DOC 3 \ALK cc: Robin Bales NlaiS Steve Beck Susan Fiala, Planner Jennifer Henning, Planner Lawrence Warren, City Attorney Clerk, Renton City Council Members of City Council ,4100 Y:\WP\CLJ\BALES\CCLETTER21S05.DOC 4 • 1 2 3 4 5 BEFORE THE RENTON CITY COUNCIL 6 ) ) 7 IN RE: ) No. LUA-04-117, PP, ECF, R ) 8 APPEAL OF HEARING EXAMINER ) MOTION TO SUPPLEMENT RECOMMENDATION FOR AMBERWOOD ) THE RECORD 9 PHASE II PROJECT ) ) 10 ) ) 11 ) 12 For reasons set forth below and in the attached letter to the City Council, the 13 14 Appellant, Steve Beck of the Amberwood Phase II project, located at 6135 4th Street, 15 moves to supplement the record to include the following documents: 16 A. Resolution No. 3624 (annexing the Bales Annexation area); 17 B. Excerpt of Ordinance 5100 (replacing R-5 with R-4); 18 C. Letter from Rebecca Lind to Susan Fiala, July 3, 2003 (discussing R-5 19 versus R-8 zoning of the site) 20 D. Preapplication Review Report by Susan Fiala, July 10, 2003; 21 E. Council Hearing Handout for Bales Annexation Public Hearing to Consider 22 R-1 Prezoning, March 1, 2004; 23 F. Excerpt of Renton City Council Minutes, January 26, 2004 (discussing 24 eventual rezone of annexation area to R-5); 25 MOTION TO SUPPLEMENT THE RECORD - 1 Y:\WP\CLJ\BALES\M21605.DOC Buck ►Gordon LLP 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 1 G. Excerpt of Renton City Council Minutes, March 1, 2004 (discussing 2 eventual rezone of annexation area to R-5); and 3 H. Map of"built out" surrounding zoning. 4 I. Excerpt of Renton City Council Minutes, November 10, 2003 5 (correspondence read by Randy and Rosemary Leifer stating they 6 mistakenly voted against R-5 zoning); 7 J. Excerpt of Renton City Council Minutes, December 15, 2003 (discussing 8 assignment by default of R-1 zoning in the annexation area); 9 K. Letter from Randy and Rosemary Leifer to Mayor Tanner explaining how 10 they mistakenly voted against R-5 zoning; and 11 L. Petition by Irvin Leifer to the Renton City Council calling for an 12 annexation election. 13 14 These documents are attached to the letter to City Council as Attachments A- L. 15 This matter should not be remanded to the Hearing Examiner because these documents 16 represent material in the City's files that responds to a new issue raised by the Examiner 17 in his Recommendation and do not present new evidence to the Council. 18 The Appellant Steve Beck respectfully requests that the Council grant this Motion 19 to Supplement the Record to include those documents listed herein and attached to the 20 letter as Attachments A—L. 21 22 23 24 25 MOTION TO SUPPLEMENT THE RECORD - 2 Y:\WP\CLJ\BALES\M21605.DOC Buck Gordon LLP 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)392-9540 1 DATED this 22nd day of February, 2005. 2 BUCK & GORDON LLP 3 . �--Aw • 1 4 By ,V 1 Amy(jcosterlitz, WSBA ! 11710 5 Attorney for Appellant Steve Beck, Amberwood Phase II 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MOTION TO SUPPLEMENT THE RECORD - 3 Y:\WP\CLJ\BALEs\M21605.DOC Buck °Gordon LLP 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 (206)382-9540 CITY OF RENTON, WASHINGTON • RESOLUTION NO. 3624 A RESOLUTION OF Tkt1 CITY OF RENTON, WASHINGTON, CALLING FOR THE ANNEXATION, BY ELECTION, OF CONTIGUOUS UNINCORPORATED TERRITORY TO THE CITY OF RENTON LYING IN AN AREA GENERALLY BOUNDED BY THE CITY OF RENTON CORPORATE BOUNDARY, INCLUDING SE 128T STREET TO THE NORTH; SE 130r STREET, IF EXTENDED, TO THE SOUTH; 156111 AVENUE SE, IF EXTENDED, TO THE EAST; AND THE MIDDLE OF 152 ' AVENUE SE, TO THE WEST. (BALES ANNEXATION) WHEREAS, the City Council of the City of Renton, Washington, has determined that it would be in the best interests and general welfare of the City of Renton to annex the property generally bounded by the City of Renton corporate boundary, including SE'128th Street to the north; SE 130th Street, if extended,to the south; 156th Avenue SE, if extended, to the east; and the middle of 152nd Avenue SE,to the west;legally described in Exhibit"A"attached hereto and incorporated by reference as if fully set forth;and WHEREAS,the City Council is desirous to call for an election for this annexation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO RESOLVE AS FOLLOWS: SECTION L •The above findings are true and correct in all respects. SECTION H. The best interests and general welfare of the City of Renton would be served by the annexation of contiguous unincorporated territory lying generally in the area bounded by the City of Rentor corporate boundary, including SE 128th Street to the north; SE 130th Street, if extended, to the south; 156th Avenue SE, if extended,to the east; and the middle of 152" Avenue SE, to 'the west; legally described in Exhibit. "A" attached hereto and incorporated by reference as if fully set forth. ATTACHMENT A RESOLUTION NO. 3624 SECTION M. As nearly as can be determined the number of voters residing in the aforesaid territory is four. SECTION IV. The City Council hereby calls for an election to be held pursuant to Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for annexation. • - SECTION V. There shall also be submitted to the electorate of the territory • sought to be annexed a proposition that all property located.within the territory to be annexed • shall, upon annexation, be assessed and taxed at the same rate and on the same basis as property located within the City of Renton is assessed and taxed to pay for all or any portion of the outstanding indebtedness of the City of Renton, which indebtedness has been approved by the voters,contracted for,or incurred prior to or existing at,the date of annexation. SECTION VI. There shall also be submitted to the electorate of the territory • sought to be annexed a proposition that all property located within the territory to be annexed shall, simultaneous with the annexation, have imposed the City of Renton.zoning regulations, prepared under RCW 35.A.14.340, with a Comprehensive Plan designation of Residential Rural (RR)and a zoning designation of R-5 (Residential single family, 5 dwelling units per acre). SECTION VII. The cost of said annexation election shall be paid by the City of Renton. • SECTION VIII. The City Clerk shall file a certified copy of this Resolution with the King County Council and with the King County Boundary Review Board. SECTION IX. The City Clerk shall also file with the King County Boundary Review Board a Notice of Intention hereof as required by RCW 36.93.090 et seq. 2 RESOLUTION NO. 3624 PASSED BY THE CITY COUNCIL this 17th day of March . ,2003. • 712,144/4/01/k; •Michele Neu ,n,, Deputy City. Clerk APPROVED BY THE MAYOR this 17th day of March ,2pp3: Jesse annex,Mayor Appro as to form: • aZiltet Lawrence J. Warren, City Attorney • RES.952:11/27/02:ma • • • 3 .... .. a ..... ske-,0 Nara NH. IR INN II iiik, aft sow= Bann MI NI . r. . ►_r■r` . r. ,■ - '' 11111 ► ....::1010:mum r11i11zi11Ir WWI.1 ■■11■ 1.1____111111 •'!J ..11■a■■/.ri/11t1 in :" m 1 4 IMAM •t■ SE 120 h 5 _11 un: u11/� ;�►��+ulzi p i�■`73 �•I111'■ ��: 1�11�*� ►111: j i4vr .� MI■I iii' • - emL. ummummix 4111m., 111111 J : mimi a__ 1111 - ■atlnll$► arm ��� I; Illilk 'i ■_\'111/11 .. i am ■nIi//ut. i 6th St iL,cs •�. i :Ei.1 Ij m $� oz. nnU_�� jjI � _■■ ■�i�i ��.� ea • _ •_ al trt♦�ta�ta�trM � IIII tU GI �w �� L'fJ •'' � � -� mimic um°au �'A ra ' _I■■N = ELT 11111 , ral!a: e�y i �� �IIIIIIE= : III~ == I 1� ' i1i111-Vi �_rx _ma ■ ______O 111. ____ �IE 4tt_ St INC O' ' " • h PI 111 ��u- F. Illi. ar ii ■■■,•• v/11111111 aaR! '� , mi(IfliI1111iJJIIIiUiq ! 1 !: 5 hst ►$tn st min E'I ■ �� I IINN (■ _ • i I'llimp 1� �� IUIU.I�� mi ■Iii i': I —r-- < ■ 11111 �i riresjidst T— ,��„ iEi1■31 ��111111 = ■■av ■■ ,�� 11111111 ►�i��� :1\�►�t■►� t�■► ■■■■��1 „mammon■:I9 1111111111111111 NE 2nd S 6 ii :r -am, 11111111 !■i t.. trani � i► a■�4 inn IIIIMIN Man u) PAI NIL 4.t:m 1 Oft I/ all 111111 Losoraretteli. mu �' �,�� � EMINI 4.'MI gi imp imp 4 II limirom 1111■I.�■■��Z `� " ■� '■■■ 1I I/� �III lis �� a/� '° ►��1/F� .rnum.or fainimin �I I��' — °.) 11111 • SE 134th MI 1■� ■■ ��■yi�auu ���111�■ .91....— .. ///���� •:1�11'Ifi� �,�i��Irinml4 III r WAN Nunn WV I �.�■ ■ten /�'� ... 1■■■1G0 SE 136th St �i �Irrnuu� _ ��������� ����: i �" ■ W mAINE 1111111111 �•. join111111r - Zm it■1t■■ -lug c� ■ _ eta • X111■►�medlialo�� �}�� b�`�� ♦ •�0 WII 101 Val •c ■Al _MI — MEM 0 011 --- _116-t�t.\��llet:�1� 1� ,. 111111■ lEa Ill �,� ,,, imi so MN ��'—...111'1 to ..._ -- _ 1li11i�l1C�l�/ NIII 11111Proposed Bales Annexation Site - "� �el� i ` maw. 0 1000 2000 Figure 1: Vicnity Map --—— Existing City Limits tl • Economic Development Neighborhoods&Strategic Planning ri.ueydd.enmr Proposed Annexation 1 : 12000 a.Del TT 1 `•�. dlta. y• 20Dne.mtr2001 Boundary ORDINANCE NO. 5100f?). to 50 ft 50.1to51ft 11 ft. 51.1to52ft. 12 ft. 52.1 to 53 ft. 13 ft. 53.1to54ft 14 ft 54.1to55ft. 15 ft 55.1 to 56 ft. 16 ft 56.1to57ft. 17 ft. 57.1to58ft. 18 ft 58.1 to59ft 19 ft. 59.1ft.and greater 19 ft. R-4 or R-8 ZONE Less than or equal 10 ft to 50 ft. 50.1to52ft. .11 f. 52.1 to 54 ft 12 ft. 54.1to56ft. 13 ft. 56.1to58ft 14 ft 58.1 ft or greater 15 ft • However,in no case shall a structure over 42"in height intrude into the 20' clear vision area defined in RMC 4-11-030. SECTION XIII. Notes 10, 11, 12 and 13 of Section 4-2-110.D, Conditions for Single Family Residential Zoning Designations, of Chapter 2,Zoning Districts—Uses and Standards,of Title IV (Development Regulations)of Ordinance No.4260 entitled"Code of General Ordinances of the City of Renton,Washington"are hereby added,to read as follows: 10. In order to serve as a transition between the lower density R-4 zone and higher density development, "small lot clusters"of up to a maximum of 50 lots shall be allowed within 600 feet of the Single Family Land Use Designation as shown on the Land Use Map of the Comprehensive Plan,when at least 30%of the site is permanently set aside as "significant open space." Such open space shall be situated to act as a visual buffer between small lot clusters and other development in the zone. The percentage of open space required may be reduced by the reviewing official to 20%of the site when: a) Public access is provided to open space, b) Soft surface trails are provided within wetland buffers, and ATTACHMENT B ORDINANCE NO. 5100 c) Storm water ponds are designed to eliminate engineered slopes requiring fencing and enhanced to allow passive and/or active recreation. Special architectural features shall be provided on all dwelling units in small lot clusters. These shall include decorative hip or gable roofs with a pitch equal to or greater than one to two (1:2),windows and doors with decorative trim at least four inches(4")in width,and eaves projecting at least eighteen inches(18")from the face of the building on at least seventy-five percent(75%)of the building's exterior perimeter with horizontal fascia at least ten inches(10") deep on all sides of the structure. All portions of a site that are not dedicated to platted single-family lots shall be set in a separate tract and/or tracts to preserve existing viable stands of trees or other native vegetation. Such tracts shall be shown and recorded on the face of the plat to be preserved in perpetuity. Such tracts may be included in contiguous open space for the purposes of qualifying for small lot clustered development. Where trees are removed, landscaping designed to replace the functions of existing trees is required. 11. Lot size,width, and depth may be reduced by the Reviewing Official when,due to lot configuration or access,4-dwelling units per net acre cannot be achieved. The reduction shall be the minimum needed to allow 4-dwelling units per net acre and shall be limited to the following minimum dimensions: Lot size- 7,200 sq. ft Lot width—60 feet Lot depth-70 feet 25 ORDINANCE NO. 5100 12. When lot size is reduced for the purpose of achieving maximum density, setbacks may also be reduced by the Reviewing Official. Setback reductions shall be limited to the following: Front—20 feet. Side yard along a street— 15 feet primary structure,20 feet attached garage with access from the side yard. Side-Minimum side yard combined setback— 15 feet. Minimum for one yard—5 feet. 13. For properties vested with a complete plat application prior to Nov. 10,2004,and for the Mosier II,Maplewood East and Anthone,the following standards apply.Vested plats must be developed within 5 years of preliminary plat approval and/or annexation. Maximum Density-5 dwelling units per net acre Minimum Lot Size-7,200 sq.ft • Minimum Lot Width-60 feet for interior lots,70 feet for corner lots Minimum Lot Depth-70 feet Minimum Front Yard- 15 feet for the primary structure,20 feet for an attached or detached garage. For a unit with alley access garage,the front yard setback for the primary structure may be reduced to 10 feet if all parking is provided in the rear yard of the lot with access from a public right of way or alley. Minimum Side Yard Along a Street- 15 feet Minimum Side Yard-5 feet SECTION XIV. Section 4-2-110.E,Illustrations, of Chapter 2, Zoning Districts— Uses and Standards,of Title IV(Development Regulations)of Ordinance No.4260 entitled 26 CITY OF RENTON ;ECONOMIC.DEVELOPMENT NEIGHBOR.IIOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: July 3,2003 TO: Susan Fiala FROM: Rebecca Lind STAFF CONTACT: Don Erickson SUBJECT: Amberwood Division 11 The current proposal is purely speculative'at this point in time since the site is not located within the City of Renton and is part of an 8.52-acre annexation currently being processed by the City. The site is within Renton's Potential Annexation Area and is designated on the Coanprehensive Plan Land Use Map Residential Rural(RR)which would allow R-5.not:R-8,zoning on it at the time it is annexed into.tree City. In fact,Resolution 3624,adopted by the City Council on March 17,2003 stated that the proposed annexation would•be submitted to the electorate to.consider R-5 zoning at the same time they consider whether to support or not the annexation itself. The subject site is also located in the Bast Renton Plateau PAA Study Area where City staff are currently reviewing the existing land use designations for this area as part of the City's Comprehensive Plan update. Analysis: The proposal inconsistent with the City of Renton Comprehensive Plan Land Use Map designation of RR for this site. The 3.73-acre site could theoretically accommodate approximately 15 lots with R-5 zoning rather than the 29 lots shown. As a consequence it is premature to even consider this application or comment on it further_ Recommendation: Do not support this preapplication for the following reasons: 1) it is inconsistent with Renton's Comprehensive Plan land use designation for the area, 2)R-8 zoning is different from what the City submitted to the King County Boundary Review Board which reviewed and approved the 8.52-acre annexation on June 514 of this year,and, 3)k-8 zoning is in conflict with the approved election ballot for the pending Bales Annexation election which is scheduled to held September 16,2003. Attachment: cp. Do Sricksoo ATTACHMENT C H:IEDNSPuatdtatlDevelopment RevicvAPreappACommeab\R,R1An be wood Division Ia.doe d • • CITY OF RE TON Planning/Building/- blic Works MEMORA DUM DATE; July 10,2003 TO: Pre-Application File No. 03-078 FROM: Susan Fiala, Senior Planner, x7382 SUBJECT: Amberwood Division II Preliminary -lat General: We have completed a preliminary review of the pre-application for the above- referenced development proposal, The following ••mments on development and permitting issues are based on the pre-application submittals ade to the City of Renton by the applicant and the codes in effect on the date of, review. T a applicant is cautioned that Information contained in this summary may. be subject to m.•Ification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning A• inistrator, Board of Adjustment, Board of Public Works, and City Council). Review comments .y also need to be revised based on site planning and other design changes required by ' ity staff or made by the applicant. The applicant is encouraged to review all applicable seg tions of the Renton Municipal Code. The Development Regulations are available for purcha e for $55.00 plus tax, from the Finance Division on the first floor of City Hall. . • Project Proposal: The subject property is currently der the jurisdiction of King County. The proposal is currently undergoing the annexatio process to be incorporated into the City Limits of Renton.. Rezoning of the site from King Co my zoning to City of Renton's R-5 would also occur. The applicant has indicated in the pre-application co er letter that the site would be R-8, this is incorrect. The proposed zoning would be R-5. The s •mitted plat is to be re-designed to comply with the R-6 development standards. The proposal is to subdivide a three parcel site, a total of 3.73 gross acres into 29 lots for eventual development of single family homes. All of e existing structures and outbuildings are proposed to be removed. Zoning/Density Requirements: The pre-application aterials submitted are designed to the R- 8 standards, the plat must be redesigned to meet.R-5. This would most likely reduce the proposed number of lots. The subject property will be located Within the Resii,entiel -- 5 dwelling units per acre zoning designation. Net density is calculated after deductin• designated critical areas, areas intended for dedication to public rights-of-way, and/or private treats serving more than three units from the gross area of the site. The R-5 zone has no minimum density but a maxi urn of 5 dwelling units per 1 net acre is required. The net density for this parcel would be cal• lated after deductions for both public and private streets. ATTACHMENT D Development Standards: Minimum Lot Size. Width and Depth — The minimu lot size in the R-5 zone is 7,200 square feet, The minimum lot width is 60 feet for interior lot- and 70 feet for corner lots. A minimum lot depth of 70 feet is also required. Building Standards—The R-5 zone allows a maxim building coverage (includes primary and accessory buildings) of 35% or 2,500 square feet, hichever is greater, for lots greater than 5,000 feet. For lots less than 6,000 square feet,'ma imum building coverage is 50%. Building height is restricted to 30 feet and two stories. Setbacks--Setbacks are measured from the props lines to the nearest point of the structure. The required setbacks in the R-5 zone are as folio s: Minimum front yard with street access garage is 15 feet for the primary structure and 20 fe=t for attached garages which access from the front yard street. For side yards along a street, e•primary structure is setback 15 feet with 20 feet setback for attached garages which access frim the side yard along a street. Side yards (interior lots) have five (5)foot setbacks and the rear and is a minimum of 25 feet setback. Access, Parking and Circulation: Each lot is requir-d to accommodate off street parking for a minimum of two vehicles per lot. In addition, app opriate shared maintenance and access agreement/easements will be required between lots Ith shared access, A formal request for a modification to street standard- would be required to be submitted by the applicant for the proposed reduced right-of-way (fro 50 ft. to 42 ft.).The modification would be reviewed administratively. Private streets are allowed for access to six or les- lots, with no more than 4 of the lots not abutting a public right-of-way. The street is to include a minimum easement width of 26 feet with 20 feet of paving. Private driveways may serve = maximum of two lots and must have a minimum easement width of 20 feet with 12 feet of pa ing. Addresses of lots along private streets are to be visi de from the public street by provision of a sign stating all house numbers and is to be located .t the intersection of the private street and the.public street. Driveway Grades: The maximum driveway slopes can not exceed fifteen percent (15%), provided that driveways exceeding eight percent (80i, are to provide slotted drains at the lower end of the driveway. if the grade exceeds 15%, a ariance from the Board of Adiustment is required. SEPA/Environmental issues: The project would re•uire SEPA review basea on me number of dwelling units of the development (aboVe four unit-). The proposal would be brought to the Environmental Review Committee for review as it is their charge to make threshold determinations for environmental checklists, Sensitive Areas: Based on the City's Critical Areas aps, the site does not appear to contain any critical areas. However, a Geotechnical Repo may be required to be prepared that addresses soils, geology and other pertinent issues. • Permit Requirements: The project would require P eiiminary Plat and Environmental (SEPA) Review. The review of these applications would be process concurrently within an estimated time frame of 12 to 16 weeks. After the required not kation period, the Environmental Review Committee would Issue a Threshold Determination fo the project. When the required two-week appeal period is completed, the project would •o before the Hearing Examiner for a recommendation to the City Council. on the' Pr~-liminary Plat, .The Hearing Examiner's recommendation, as well as the decision issued by e City Council, would be subject to two- week appeal periods. MAEDAr.US\SYSZSHARED\Division.slDovelopserlbev&pian.ing\SAF\PreA ops\2003\076Ambetwood_Idoc • The application fee would be $2,000 for the Prelimi ary Plat and % of full fee for SEPA Review (Environmental Checklist) which is dependent on p eject value: less than $100,000 Is $200 (1/2 of $400.00 full fee) and project value over$100,001 is a $500.00 fee(1/2 of $1000.00 full fee) plus $0,37 per mailing label required for notification to surrounding property owners within 300 feet of the site.The applicant will be required to ins =II a public information sign on the property. Detailed information regarding the land use application submittal requirements is provided in the attached handouts. Once Preliminary Plat approval is obtained, ill.: applicant must complete the required improvements and dedications, as well as satisfy ny conditions of the preliminary approval before submitting for Final Plat review. The Fine Plat process also requires City Council approval. Once final approval is received, the plat ay be recorded. The newly created lots may be sold only after the plat has been recorded. Fees: In addition to the applicable building and con • ction permit fees, the following mitigation fees would be required prior to the recording of the pH.' • A Transportation Mitigation Fee based on $75.00 per each new average daily trip attributable to the prole, ; • A Parks Mitigation Fee based on$530.78 per new single family lot;and, • A Fire Mitigation Fee based on •88.00 per new single family lot. A handout listing all of the City's Development rela d fees is included in the packet for your review. • Additional Comments: Prior to submitting the full a•plication package, applicants are strongly encouraged to bring in one copy of each application aterial for informal review to help ensure that the application is complete. • cc: Jennifer Henning • i1DABAALUSISYS2\SHARED\Division.slDevolop.ser1Dev&planirmlSAMPreA,•A20031076Ambenvood 2.doe • ti�YO • ,+ tife 1‘ BALES ANNEXATION PUBLIC HEARING TO CONSIDER R-1 ?REZONING .March 1,2004 The subject site is within the City's Potential Annexation Area and is designated as Residential Low Density on the City's Comprehensive Plan Land Use Map. Because the site currently has King County R-4 zoning, it was the City's intent to prezone it R-5, 5 units per net acre. Such zoning would have been applied at the time the site was annexed into the City. A special election was held on September 16, 2003 'for residents to approve or reject the annexation, its proposed R-5 prezoning, and whether to assume a proportionate share of the City's outstanding indebtedness. Although residents approved of the annexation and agreed to assume their fair share of the City's outstanding indebtedness, they failed to approve the proposed R-5 prezoning. As a consequence, the City must now consider another zone allowed under the Residential Low Density land use designation for prezoning, since this is required before this annexation can be brought into the City. The RLD land use designation allows four zones: RC — Residential Conservation allowing one unit per ten acres; R-1 allowing one detached unit per net acre; R-4 allowing four units per net acre; and,R-5 allowing five detached units per net acre. Staff is recommending R.-1 prezoning since those voting have already ruled out the R-S zone and the R-4 regulations are currently under development. The site would accommodate approximately 8 single-family dwelling units under this zoning. Tonight's public hearing will be the second of two required hearings on the proposed R-1 prezoning. A map showing the location of the 8.52-acre annexation site is attached to the backside of this handout. It is assumed that once the site is officially within the City the residents within the annexation will file for reclassification to the R-5 zone. • ATTACHMENT E Council Hearing Handout 03-01,04.doa • 4 Elf . U IN i.,1 qii 0131 . a , kill i it_ 11 gm! gill n I - Lii ill ii •/:. 1 , WI ilirgiNal grall sia 61 4 11 mit II or II qk/MR It i-j � a �i I ALM Mitaill NI - IP i 1,. ,n I, . thStiill mi :wail 1 —7 u_ • S 11 i I!I! ■sib ninal 0 -- -_ •,.............___ _______-____ t„ 1 . Ill -- - _..... Mui:11111 . - .. . __ ___, . Ed" . - I . • R. : .. Ifo Lf • ?Il . .4C . , inn. NE 2nc St 1 - rer014,S_ 1)13 �, Lip_ _ t Ig :-1ima Q ft Iiikara...masis Nein rir..r���(arti i rdi ,:--- �I..-1., r �' Proposed Bales Annexation Site ___ Existing City Limits 0 300 600 • Figure 2: Existing Structure Map P _ ._..--._.... MIMIEProposed Annexation ��lr-:-=- '::: -::: O. amiormrn�xdse�suFie Boundary . . �„ I : 3600 - o aiding Structure RENTON CITY COUNCIL Regular Meeting January 26,2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON,Council President;RANDY CORMAN;TOM NELSON; COUNCILMEMBERS DAN CLAWSON; DENIS LAW; TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER,Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer;ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator;NEIL WATTS,Development Services Director;ALEX PIETSCH,Economic Development Administrator; DON ERICKSON, Senior Planner;DEREK TODD,Assistant to the CAO; COMMANDER CHARLES MARSALISI,Police Department. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Bales,SE 128th St accordance with local and State laws,Mayor Keolker-Wheeler opened the public hearing to consider the proposed R-1 prezoning for the Bales Annexation 8.52- acre site, generally bounded by SE 128th St. to the north,SE 130th St., if extended,to the south, 156th Ave. SE,if extended,to the east,and the middle of 152nd Ave. SE,to the west. Don Erickson,Senior Planner,stated that this is the first of two public hearings on the prezoning for the proposed Bales Annexation. He reviewed the location and existing conditions of the site,noting the essentially flat topography and lack • of environmental constraints. In regards to public services,the site is served by Fire District#25,Issaquah School District, Water District#90,Renton sewer, and it abuts 14 acres of King County designated parklands. Mr. Erickson pointed out that current King County zoning is R-4(Residential- four dwelling units per gross acre). The site is designated Residential Low Density(RLD)under Renton's Comprehensive Plan, for which the following zones are allowed: RC(Resource Conservation), R-1 (one dwelling unit per net acre),R-4(four dwelling units per net acre),and R-5 (five dwelling units per net acre). He reported that although voters approved the annexation at the Special Election on September 16, 2003,the proposed R-5 prezoning was defeated. Since R-5 prezoning has been ruled out,staff recommends R-1 prezoning, as the R-4 zoning regulations are currently under development. Upon review of the fiscal impact analysis,Mr. Erickson noted that at full development, assuming a potential of eight single-family homes and a new home value of$300,000, the City will realize a deficit of$462. He concluded that prezoning is required before the site can be brought into the City,and noted that R-1 prezoning is consistent with the RLD land use designation. Mr. Erickson added that property owners within the proposed annexation area can apply for R- 5 zoning once it is officially part of the City. ATTACHMENT F RENTON CITY COUNCIL Regular Meeting March 1,2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF DON PERSSON, Council President; RANDY CORMAN; TONI NELSON; COUNCILMEMBERS DAN CLAWSON; DENIS LAW; TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer;RUSSELL WILSON,Assistant City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator;ALEX PIETSCH, Economic Development Administrator; DON ERICKSON, Senior Planner; COMMANDER TIM TROXEL,Police Department. PUBLIC HEARING This being the date set and proper notices having been posted and published in Annexation: Bales, SE 128th St accordance with local and State laws,Mayor Keolker-Wheeler opened the public &SE 130th St hearing to consider the proposed annexation and R-1 (one dwelling unit per net acre)prezoning of 8.52 acres generally bounded by SE 128th St. to the north,SE 130th St.,if extended,to the south, 155th Ave. SE, if extended,to the east,and the middle of 152nd Ave. SE,to the west(Bales Annexation). Senior Planner Don Erickson noted that this is the second of two public hearings, and explained that the subject site contains four single-family dwellings and an abandoned heavy equipment maintenance facility. The topography of the site is essentially flat with a modest slope to the southwest. Reviewing the public services, Mr. Erickson stated that the area is served by Fire District#25, Issaquah School District, Water District#90,and Renton sewer. He pointed out that 14 acres of King County designated parklands abut the site. Mr. Erickson explained that existing King County zoning is R-4(four dwelling units per gross acre). R-1 zoning is recommended for this Residential Low Density land use designated site, as R-5 (five dwelling units per net acre)zoning was defeated by voters at the September 16,2003, Special Election, and R-4 (four dwelling units per acre)zoning regulations are currently being developed. Continuing,Mr. Erickson reviewed the fiscal impact analysis, assuming a new home value of$300,000 and an increase to eight single-family homes at full development. The City will realize a deficit of$1,083 at current development, and a deficit of$462 at full development. He also noted the estimated one-time parks development expense of$20,245. In conclusion,Mr. Erickson stated that R-1 zoning is consistent with the Residential Low Density land use designation,and would allow the site to come into the City. He reported that property owners within the proposed annexation area are apt to apply for R-5 zoning upon annexation. Public comment was invited. There being none, it was MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ACCEPT THE R-1 PREZONE FOR THE 8.52-ACRE BALES SITE, ACCEPT THE ATTACHMENT G p- , --.. -..... \N ,-1, 32J eu.9/ �y 59.1 S.E. 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AMB 1 Tw .120 '�W❑ I ���,I�,I, ♦ O OeB3PL.5yQ 4,98 '95 441 96 ^a -. 44.. ,v X99 �(� t PH,AS ti P . 4,. 471 s +u' 6.39 40 06 64 42..•. e,-epi r to • •e,,,..J16 , 44 y' a�� 0 � o• 97 •' ti ♦ 4 ; 6 * : &; 4058Eil• I\TI IO IIdm - 53 4' 102. ', (NE,7s " �A ' e TT A u M C T H , a`t� . .a /924 744 ' ',. D".T..n r' "15,7 65 4 � 1"1 A 10 4R AC 1A IM FN 88 4;' November 10, 2003 Renton City Council Minutes Page 399 Airport: Building Utility Transportation Systems Division recommended approval of funds in the amount Conversion, W&H Pacific of$100,000 to convert Airport buildings from the existing Boeing-owned power system to City-owned utilities,and approval of a contract with W&H Pacific, Inc. in the amount of$79,794.76 for this conversion. Refer to Transportation (Aviation)Committee. Utility: ROW Dedication at N Utility Systems Division recommended acceptance of dedication of additional 34th St, Daniel Dahlquist right-of-way for a 20-foot wide by 227-foot long strip of land located near the 1300 block of N. 34th St. from Daniel N. Dahlquist. Council concur. CAG: 97-139,Maplewood Utility Systems Division submitted CAG-97-139,Maplewood Well 12 Well Well 12 Well Head Head Construction; and requested approval of the project, authorization for final Construction, Omega pay estimate in the amount of$207.60,commencement of 60-day lien period,and Contractors release of retained amount of$15,425.45 to Omega Contractors, Inc., contractor, if all required releases are obtained. Council concur. CAG: 02-010,Maplewood Utility Systems Division recommended approval of Addendum#3 to CAG-02- Water Treatment 010, contract with Economic and Engineering Services,Inc.,for unanticipated Improvements Design, additional design work for the Maplewood Water Treatment facility in the Economic&Engineering amount of$90,000. Council concur. Services MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Randy and Rosemary Leifer, 5127 S. Fountain Citizen Comment: Leifer- St.,Seattle, 98178, owners of the property located at 15311 SE 128th St., which Bales Annexation R-5 Zoning is part of the proposed Bales Annexation. They stated that they mistakenly voted against R-5 zoning at the Special Election, and emphasized that they do want the property to be zoned R-5. MOVED BY KEOLKER-WHEELER,SECONDED BY CLAWSON, COUNCIL REFER THIS CORRESPONDENCE TO COMMITTEE OF THE WHOLE. CARRIED. OLD BUSINESS Utilities Committee Vice Chair Briere presented a report recommending Utilities Committee concurrence with the recommendation of staff that City Council authorize the Utility: Wastewater Treatment Mayor and City Clerk to execute the interlocal agreement with King County for Plant Agreements& the South Plant(Wastewater Treatment Plant)electrical cogeneration project, Mitigation,King County and the amendment to the Wastewater Treatment Plant sewage disposal agreement with King County. The Committee also recommended that the$2,216,000 in mitigation funds identified in the electrical cogeneration project agreement be referred to the Committee of the Whole for appropriation. The Committee further recommended that the resolution regarding the amendment to the King County sewage disposal agreement be presented for reading and adoption. MOVED BY BRIERE, SECONDED BY CLAWSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 401 for resolution.) Finance Committee Finance Committee Chair Parker presented a report recommending concurrence Community Services: in the staff and Park Board recommendation to increase golf course fees from Maplewood Golf Course Fees $22 to$24 for 18-hole weekday green fees,from$28 to$30 for weekend(Friday -Sunday) 18-hole green fees,and from$22 to$24 for 18-hole golf cart rental. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PARKER, SECONDED BY PERSSON,COUNCIL CONCUR IN THE COMMITTEE REPORT. ATTACHMENT I December 15,2003 Renton City Council Minutes Page 469 developed as part of permits for other land use activities. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE CONSENT AGENDA ITEM 8.c. AS PRESENTED. CARRIED. (See page 470 for resolution.) OLD BUSINESS Council President Keolker-Wheeler presented a Committee of the Whole report Committee of the Whole regarding Council's 2004 legislative priorities. The Committee met on December Legislature: 2004 Council 15 and concurs with the following basic legislative premises: support for Legislative Priorities flexibility and control by local governments, and opposition to unfunded mandates and/or imposition of new or increased fees on municipal services to fund state regulatory activities. Specific priorities for the 2004 legislative session include: Municipal Finance,Transportation Funding,Economic Development Tools,Annexation Reform,Protection of Water Rights, Growth Management Act,Law and Justice,Liability Reform,Gambling Activities, Parks,Affordable Housing, and Social and Human Services. MOVED BY KEOLKER- WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Annexation: Bales, SE 128th St Council President Keolker-Wheeler presented a Committee of the Whole report regarding the Bales Annexation zoning. The Committee recommended that Council adopt R-1 (Residential-one dwelling unit per acre)zoning under the Residential Low Density Comprehensive Plan land use designation. This recommendation is based upon the City Attorney's letter of September 26, 2003, in which he opines that since the R-5 (Residential -five dwelling units per acre) zoning regulation was rejected by the electorate at the September 16,2003, Special Election,it can no longer be considered as part of the same annexation. If the property owners desire consideration of R-5 zoning after the subject properties are annexed into the City,they can request such a zoning change through the Hearing Examiner. MOVED BY KEOLKER-WHEELER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Nelson presented a report concurring with Committee the staff recommendation to adopt a resolution authorizing the Mayor and City EDNSP:Regional Affordable Clerk to sign the interlocal agreement with King County for the Regional Housing Program(SHB 2060) Affordable Housing Program. MOVED BY NELSON, SECONDED BY Funds),King County PARKER,COUNCIL CONCUR IN THE COMMI 1"1'hE REPORT. CARRIED. (See page 470 for resolution.) Committee on Committees Councilman Persson presented a Committee on Committees report recommending Council: 2004 Committee the following Council committee chairmanships and committee assignments for Assignments 2004: Community Services Committee: Toni Nelson,Chair; Marcie Palmer,Vice Chair;Randy Corman, Member. Finance Committee: Randy Corman, Chair;Denis Law,Vice Chair; Toni Nelson,Member. Planning and Development Committee: Terri Briere,Chair;Dan Clawson,Vice Chair;Denis Law,Member. Public Safety Committee: Denis Law, Chair;Toni Nelson,Vice Chair;Dan Clawson, Member. Transportation(Aviation)Committee: Marcie Palmer,Chair;Randy Corman, ATTACHMENT J 4. . RECEIVED November 3, 2003 N u V 0 5 2003 KftsMayor Jesse Tanner yAYORS OFFICE City of Renton po; 84e6 Atnexalib �d 1055 South Grady Way 1L c�r�OFR �vrcry Renton, WA 98055 .---` f. -, Dear Mayor Tanner, NOV3 VvI)o )5 (L?RECEIVED CINCi-ERK My wife and I are the owners of the property at 15311 SE 128th. I grew up in Renton and worked for the city of Renton for a number of years. My parents were part owners in a 'S OFFICE Renton clothing store. My father taught and coached at Renton High School for thirty years,and my wife currently teaches at Sierra Heights,a Menton school. Our ties to Renton are many. We recently voted to annex to the City of Renton We look forward to the annexation but would like to be annexed at R-5. When we voted against the R-5 zoning, we mistakenly thought we were voting for R-6 zoning. We now realize that this was not the case and would like to request R-5 for our property. Thank you for your consideration,and we look forward to being part of the City of Renton. Sincerely, e,v,,,..47 4..f) Randy Leifer 7C/J-W/wsouvr AJ.+st;Ii Rosemary Leifer 51x7 5 Fountain Sf Sea Ilk WA '1i76 • D7t ' ATTACHMENT K • i PETITION TO THE RENTON CITY COUNCIL CALLING FOR AN ANNEXATION ELECTION Pursuant to' RCW 35A.14.020, the undersigned (the "Petitioner") hereby calls upon the City Council of the City of Renton, a Washington municipal corporation (the "City"), which is a code city, to authorize and arrange for an election to vote upon the annexation to the City of that certain portion of unincorporated King County, Washington the boundaries of which circumscribe the property that is legally-described on Exhibit A j= attached hereto and all existing street rights-of-way adjacent thereto (the "Proposed I. Bales Site Annexation Area"). A map of the Proposed Bales Site Annexation Area and I: surrounding properties is attached hereto as Exhibit B. The Proposed Bales Site Annexation Area is contiguous to the City. I am one of not more than four registered voters currently residing within the Proposed Annexation Area. i nature Name qpd Address Date of Sitning 1 (I A f _ /!/ /r/ /Icy 1 .Z L'J f is WARNING • I: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he is or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. ATTACHMENT L I= _ a II – '43– 5 . SCALE . 1'– 100' S.c. 728TH ST- to �d y•. " .I. .. . ;a�../s: ..• S.E. !2 TI-R ST RA i-,�_.i — al'FYS1 s61,r�.[. 1 �1 .r1._�.a+S'• M11A URn Jia.1, , 1,•--•a #.844*ar.� ate Vf.Yi .rr1/RJ_12r INNMrL. !re sf+r. I`Icr... nMl . .J ITI.li'• •�...• ,.! Ie I. Z 1 I L T. 'y ? a 1 1 I • a too V' l ° 3 w� �r1 41 Lai, 2 L i 1 . i 1 • I i 1 l Q lv (23I h_1eZ 3__ _ - —, s. _ a + � • asea ` vI ._ _ A 4 til _ ..r y •' � # 0 `m _ I _ iii �+I► .rte r ••...n--s,. 0 1 r''. k 'ti ,5 e KC SP 484056– 4OPJ3Odaf !I a i .,i Ix.. as La 3240761-unoron5 It. ir•1 LOT r 4 LO] 2 LOT 3 : L67 t� ; !�! 1713". J. e Z L• Q era. 1 rM•w.u• 3 IIe kt iE 4! rt+• R iii. :I 111 Q flAfi i. i , 'it . 'a' i r 54= . ' he t ' 61 —‘11:141 O V /•.» ' ap a.e+ ,.iw..wai.. R .rs.., 6" C .•ro•....r..• Saeca.A.. q ay....vv.riaie r� I '' s 'n•=r•... wA n.1]15.85 ... 10 y ,.,k260 E. 132 NO et r , r. GI.!1'EA S ES JI ' 01. zly 6 F :11:..« I i4 .: , • eCEOACEa v w 11 ti a.2' SE ! �, —fie . =o� —.a o Q yp r --0 . 4 A TOP ON I LEGAL DESCRIPTION PARCEL A: 14-23-05 9065 6867 14 23 OS LOT 2 KING COUNTY SHORT PLAT 1075010 AF 7611040904 SD PLAT DAF WEST 150 I. FT OF EAST 1166.01 FT OF N %Z OF NE%OF NW '%AS MEASRED ALG N SD SEC PARCEL 8: 14-23-05 9068 6867 14 23 05 PP ACT 39922653 MOBILE HOME N s NE1/4 OF NW '/, LESS EAST 1166.01 FT MEASURED ALD N LN& LESS CO. ROAD i PARCEL C: 1- 14-23-05 9094 6867 14 23 05 LOT I KC SHORT PLAT 10750115 AF 7611040904 SD PLAT DAF WEST 150FT OF EAST j= 1166,01 FT OF N 1/40F NE ' OF NW%a AS MEASURED ALG LN SD SEC LESS CO ROAD I; PARCEL D: STR 142305 TAX LOT 70 WEST 150 OF EAST 1016.01 FT MEASURED ALG NLN OF N1/2 OF NE'A OF NW 'l LESS CO ROAD. PARCEL E: STR 142305 TAX LOT 64 EAST 866.01 FT OF NO 1/4 OF NE'A OF NW ' MEASURED ALG NLNLESS POR INNE/OF NE I is Print View _rage 1 of 2 adda 0/ -/ c ,.3-- ad.pn i-azati; —from: <AngelSandel@aol.com> CCTV or:„-z N QN To: Don PerssonR Date: Wednesday -March 9, 2005 aG5 Subject: Re: Sunset Court Park CITY Recently the City of Renton and Parks dept put brand new Play Equipment in Sunset Court Park located at the end of Harrington Place NE in Renton Highlands. We've had a lot of problems with kids and children doing damage in this park. Right after it was installed There was an arson Fire. No one was caught. Then a week later a Big Fight Broke out in the park with kids 12-13 age range. Shirts we're torn. And then just the other night Graffiti in Bright Green and blue colors we're marked all over the walls on the bldg adjacent to the park entrance located on Harrington Place NE belonging to Morris Phia. I contacted Rob with Morris Phia and we was very greatful I had called and he sent someone right away to paint over it that morning. It looked terrible. Children, Toddlers I've seen 5 years of age or even younger from Sunset Terrace with NO parent supervision in the Park.NONE. They get loud and wild from 4-until sometimes 9pm at night. They never go home. Older kids using the basketball court also are rude and obnoxious to older people in the park. Last Sunday a group came in and turned loud stereos in their cars full blast. people in the Olympic Condos complained. People who live around the park would like to see this park closed at night. A sign was posted by Officer Steve Ritchie to be closed at Sunset. And NO one is observing the rules or signs posted on the park. For NO bikes,NO DOGS OFF leash. We've had pittbulls running wild in the park. The dog catcher has really been trying to catch some of them. But we would like it locked up at night for children's safety because of the homeless, transients in the area. They we're coming back sleeping around the outskirts of the park again. And drinking and doing drugs next to the entrance on Harrington Place NE. https://webmail.ci.renton.wa.us/servlet/webacc?User.context=co6nw9Snbgj 6g191g6&action=... 3/10/05 Print View rage L of l Help would be appreciated from all who live around the park. And officers need to take heed to and be more accountable for what goes on in the park. It should NOT have to be up to the neighbors all the time to watch for vandilisim. And rough goings on. I've seen incidents where a neighbor and I don't feel good judgement was made by some of the new officers in the field. Thank you. Sandel DeMastus Community Activist Renton Highlands 13 7 l/a rr,,i f ors th-. �' e'en-iv/7, u'4 9 2S, https://webmail.ci.renton.wa.us/servlet/webacc?User.context=co6nw9Snbgj 6g19Ig6&action=... 3/10/05 I R m ^ FT'I FINANCE COMMITTEE REPORT Date __/5l DOS March 14, 2005 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS mhteds rap— The Finance C ommitteeeapprovq for payment on March 14, 2005, claim vouchers 235347-235730 and 2 wire transfers, totaling $3,576,567.39 , and 571 direct deposits, payroll vouchers 56119- 56348, and 1 wire transfer, totaling$1,821,204.14 . tfYi Don Persson, Chair Toni Nelson, Vice-Chair Altt()9 41"/ Denis Law, Member c:11'COUNCIL Date 3-/y,gQos FINANCE COMMITTEE COMMITTEE REPORT March 14,2005 200 Mill Building Lease Amendment with Engenio Information Technologies,Inc. (Referred March 7, 2005) The Finance Committee recommends concurrence in the staff recommendation to approve the Lease Amendment with Engenio Information Technologies, Inc. for Suite 300 on the third floor of the 200 Mill Building. The Committee further recommends that the Mayor and City Clerk be authorized to sign the lease amendment with Engenio Information Technologies.t6Y1. -c 6?r7 Don Persson, Chair Toni Nelson, Vice Chair &". e,j, kvir Denis W. Law, Member cc: Peter Renner,Facilities Director Dennis Culp,Community Services Administrator Mike Wilson, Interim F&IS Administrator PLANNING AND DEVELOPMENT COMMITTEE LT:CC...MiCiL COMMITTEE REPORT Date 3- l4/ X005 March 14, 2005 2004 Title IV Code Docket and Related Amendments (Referred May 10, 2004) The Planning & Development Committee recommends concurrence in the staff recommendation for the following items: • Title 4, Chapter 1: Housekeeping Changes • Title 4, Chapter l: 4-1-230 Sureties and Bonds • Title 4, Chapters 2 and 7: Minimum Lot Size and Maximum Density • Title 4, Chapters 2 and 4: Green River Valley Landscaping • Title 4, Chapter 8: Appeal Process-Growth Management Hearings Board • Title 4, Chapters 8 and 9: Permit and SEPA Process For Nonproject Actions The Committeefurther recommends that school impact fee code reorganization amendments be approved in concept, but that ordinance preparation be deferred until the Finance Committee considers the Issaquah School District impact fee amount. The Committee recommends that the R-10 zone not be amended to allow attached townhouses or flats on pre-existing lots. The Committee recommends that the issue of appropriate zoning and unit types for duplex/townhouse uses be addressed through the"Cedar River Subarea Plat"process in a separate work program. The Committee further recommends concurrence in the staff recommendation to deny requested amendments to the binding site plan amendment proposal and support 1) allowances for condominiums and 2) revisions to the PUD Regulations (RMC 4-9-150). The Committee further recommends concurrence in the staff recommendation for the PUD amendments and to require consistency with Ord. 5124 regarding nonresidential open space standards. Dan Clawson, Chair Lez,"„0 ,4,, Denis W. Law, Vice Chair . ydfieA___ Marcie Palmer, Member cc: Alex Pietsch Rebecca Lind &Tata 8-ill-Roes- CITY --iceRoosCITY OF RENTON,WASHINGTON RESOLUTION NO. 374// A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL PLAT (ELLE RAIN; FILE NO. LUA-04-144FP). WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has been duly approved by the Planning/Building/Public Works Department;and WHEREAS, after investigation, the Administrator of the Planning/Building/Public Works Department has considered and recommended the approval of the final plat, and the approval is proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, schoolgrounds, sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and WHEREAS, the City Council has determined that the public use and interest will be served by the platting of the subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The final plat approved by the Planning/Building/Public Works Department pertaining to the following described real estate,to wit: See Exhibit "A"attached hereto and made a part hereof as if fully set forth 1 RESOLUTION NO. (The property, consisting�of approximately 1.78 acres, is located in the vicinity of the 3400 block of NE 17 Street) is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and recommendation of the Planning/Building/Public Works Department dated January 31,2005. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1094:2/8/05:ma 2 EXHIBIT"A" Legal Description Parcel A: Lot A of City of Renton Lot Line Adjustment No. LUA-03-032LLA, recorded under Recording No. 20030707900006,records of King County,Washington. Parcel B: Lot B of City of Renton Lot Line Adjustment No. LUA-03-032LLA,recorded under Recording No. 20030707900006, records of King County, Washington. • Order Number: 362943 NE 17TH PL Q NE 17T',' ST N ' o � � Q I- 0 z cr VICINITY MAP is t reddi y 3/7,42.00 Ke V/ /5f Plc — CITY OF RENTON, WASHINGTON ORDINANCE NO. Jr/off? adopted . - 5/aDDS AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 6-1, ABANDONED VEHICLES, OF TITLE VI (POLICE REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY OUTLAWING JUNK VEHICLES ON PRIVATE REAL PROPERTY, REVISING ABATEMENT PROCEDURES, ADDING DEFINITIONS, DECLARING CERTAIN VIOLATIONS A MISDEMEANOR, ESTABLISHING A PROCEDURE FOR HANDLING THE ABANDONMENT OF VEHICLES OR JUNK VEHICLES FROM PUBLIC PROPERTY, PROVIDING A STATEMENT OF LEGISLATIVE PURPOSE,AND DECLARING AN EMERGENCY. a dew THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L Chapter 6-1, Abandoned Vehicles, of Title VI (Police Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: CHAPTER 1 JUNK VEHICLES OR ABANDONMENT OF VEHICLES SECTION: 6-1-1: Purpose 6-1-2: Definitions 6-1-3: Junk Vehicle Or Vehicle Hulks On Private Property Regulated 6-1-4: Abandonment of Vehicle Or Vehicle Hulks On Streets, Highways Or City Property Regulated 6-1-5: Severability 6-1-1: PURPOSE: 1 ORDINANCE NO. The purpose of this chapter is to preserve the health, safety, welfare, and character of the City's neighborhoods and to reduce blight by eliminating as nuisances,junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240 and RMC 1-3-3.G, as now worded or hereafter amended. It is a further purpose of this chapter to provide a procedure for handling the abandonment of vehicles or vehicle hulks from public property. 6-1-2 DEFINITIONS: DISMANTLED: A vehicle that is in parts or pieces such that it is apparently inoperable or unable to be lawfully operated upon public roads or highways. INOPERABLE: A vehicle that is apparently not functioning or is inoperative or cannot be lawfully operated upon public roads or highways. JUNK VEHICLE: A vehicle that meets at least three of the following requirements: (1) a vehicle that is three years old or older; (2) a vehicle that is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels, tires, motor, or transmission; (3) a vehicle that is apparently inoperable; (4) a vehicle that has an approximate fair market value equal only to the approximate value of the scrap in the vehicle's current condition, or (5) evidence of inoperability or damage that includes, but is not limited to any buildup of debris that obstructs use, or a flat or missing tire or tires, or a nonfunctional motor or transmission, or missing bumpers, or missing license plates, or expired vehicle license plate tabs. LANDOWNER: A legal owner or owners of private real property, or a person in possession or control of private real property. 2 ORDINANCE NO. MAINTAIN or MAINTENANCE: To hold or keep in an existing state or condition, or keep in existence or continuance. RETAIN or RETENTION: To continue to hold, have, keep, own, possess, or to exercise dominion or exercise control over. STORE or STORAGE: To place, accumulate, or leave in a location. VEHICLE: RCW 46.04.670 is hereby adopted by reference, as now worded or hereafter amended, as if fully set forth herein, and shall apply to the interpretation and enforcement of this Chapter. VEHICLE HULK: Any part or portion of the body or chassis of a vehicle that is apparently inoperable or unable to be lawfully operated upon public roads or highways. WRECKED: A vehicle or vehicle hulk, or any part thereof that is disabled, destroyed, apparently inoperable, or extensively damaged. 6-1-3: JUNK VEHICLE OR VEHICLE HULKS ON PRIVATE PROPERTY REGULATED: A. It shall be unlawful to store, maintain,keep or retain: a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any part thereof, on private real property in the City of Renton. B. The storage, maintenance or retention of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, on private real property in the City is hereby declared to be a public nuisance in accordance with this Chapter and RMC 1-3-4, as now worded or hereafter amended, and may be abated in accordance with this Chapter and RMC 1-3-3.G, as now worded or hereafter amended. C. Abatement Costs: Costs of abatement and removal of junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or parts thereof, from private real property in 3 ORDINANCE NO. the City may be first assessed against the last registered owner of the vehicle, vehicle hulk, or any parts thereof, if the identity of such owner can be determined, unless such vehicle owner in the transfer of the ownership of such vehicle or vehicle hulk has complied with RCW 46.12.101, or second, the costs may be assessed against the landowner on which such vehicle, vehicle hulk, or any parts thereof is stored, provided that said vehicle, vehicle hulk, or any parts thereof, is stored, maintained, kept or retained with the landowner's permission or acquiescence and shall constitute a lien thereon. D. Notice: Before the abatement or removal of a junk, wrecked, dismantled or an apparently inoperable vehicle, vehicle hulk, or any parts thereof, notice shall be given by the Police Chief or his or her designee to the last registered vehicle owner and legal vehicle owner of record, if the identity of such owner can be lawfully determined, and the landowner of real property upon which such vehicle or vehicle hulk or any parts thereof is located, that a public hearing may be requested before the Hearing Examiner of the City, by mailing a copy of the notice by certified mail, return receipt requested, to the last known address of the vehicle's last registered and legal owner and landowner of real property on which the vehicle, vehicle hulk or any parts is located, or by personal service upon said owners, and if no hearing is requested within twenty-one (21) days from the date of mailing or personal service, the vehicle, vehicle hulk or any parts thereof may be removed and abated in accordance with this Chapter and RMC 1-3-3.G. E. Request for Hearing: If a request for hearing is received by the Hearing Examiner, a notice giving the time, location and date of such hearing on the question of the abatement and removal of such vehicle, vehicle hulk, or any parts thereof, as a public nuisance shall be mailed by certified mail with a return receipt requested, to the landowner of the real property as shown 4 ORDINANCE NO. on the King County tax assessment roll and to the last registered owner and legal owner of record of such vehicle, vehicle hulk, or any parts thereof, unless the vehicle is in such condition that identification numbers are not available to determine ownership. F. Testimony: The applicant for hearing may either appear in person at such hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If it is determined at the hearing that the vehicle, vehicle hulk, or any parts thereof was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, then the Hearing Examiner shall not assess costs of administration or removal of the vehicle, vehicle hulk or any parts thereof against the landowner of the real property upon which the vehicle, vehicle hulk or any parts thereof is located or otherwise attempt to collect such costs from the landowner. G. Disposal: After notice has been given by the Police Chief of the City or his or her designee, of the intent of the City to abate the vehicle, vehicle hulk, or any parts thereof, and no request for a hearing is received, or a hearing is held and the Hearing Examiner orders the vehicle, vehicle hulk, or any parts thereof removed, the said vehicle, vehicle hulk or parts thereof shall be removed from private real property by the Police Chief or his or her designee and disposed of to a licensed auto wrecker with notice to the Washington State Patrol and the State of Washington Department of Licenses. H. Exceptions: This Chapter shall not apply to: 1) a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private real property, or 2) a vehicle or part thereof which is stored or parked in a lawful manner on private real property zoned for and in connection with the business of a 5 ORDINANCE NO. licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130, or 3) a vehicle or part thereof which is stored or parked in a lawful manner on private real property in an area zoned for and in connection with the business of a licensed auto body repair shop or facility. I. Removal by Landowner: Nothing in this Section shall be construed to prevent any landowner or the person in control of real property, except City property, from immediately removing a vehicle, vehicle hulk, or any parts thereof, which was left on such property without the landowner's permission, irrespective of any time limits specified elsewhere in this Chapter, by means of towing or otherwise, to a garage designated by the Police Department; provided, that the Police Department shall be notified one hour prior to the removal of such a vehicle, vehicle hulk, or any parts thereof. J. Penalties: Any person violating RMC 6-1-2.A shall be guilty of a misdemeanor. Penalties for any violations of any of the provisions of this Section shall be in accord with RMC 1-3-1. 6-1-4 ABANDONMENT OF VEHICLE OR VEHICLE HULKS ON STREETS, HIGHWAYS OR CITY PROPERTY REGULATED: A. Abandonment of Vehicle or Vehicle Hulks on Streets, Highways or City Property Prohibited: No person shall abandon any vehicle or vehicle hulk as hereinabove defined on any street, highway or City property. Any such vehicle or vehicle hulk is hereby declared to be a public nuisance which shall be removed in accordance with this Chapter. B. Presumption of Responsibility of Owner of Record for Abandonment: Any costs incurred in the removal of such vehicle or vehicle hulk may be assessed against the last registered owner of the vehicle or vehicle hulk if the identity of such owner can be determined, 6 ORDINANCE NO. unless such owner in the transfer of such vehicle or vehicle hulk has complied with section 46.12.101 RCW and shall constitute a lien thereon. C. Impoundment After Posted Notice: It shall be the duty of the Chief of Police to remove any abandoned vehicle or vehicle hulk, parked or left on any street, highway or City property as hereinabove defined after notice of removal, indicating his or her authority to impound, has been posted on the vehicle or vehicle hulk for a period of not less than twenty four (24) hours, and no claim has been made by the owner, or on his behalf, during the twenty four (24) hour posting period. Such vehicle or vehicle hulk shall be removed by any tow truck operator or as the City may otherwise determine, and in case of a tow truck operator, such abandoned vehicle or vehicle hulk shall be stored at the established place of business of such operator and he shall have a lien upon such vehicle or vehicle hulk for all services provided in the towing and storage of the same, and shall also have a claim against the last registered owner of such vehicle or vehicle hulk for services provided in the towing and storage of the same. See also Renton Municipal Code Section 10-5-2. D. Charge on Violation: The removal or impound of a vehicle from any street, highway or property shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. E. Reporting Procedure: The tow truck operator, or if none, the Chief of Police, shall complete the required reporting and/or notifications as provided in section 46.90.345 RCW. F. Disposition and Sale: Disposition and sale of an abandoned vehicle or vehicle hulk shall be as provided in RCW 46.55.120(4), RCW 46.55.130 or RCW 46.90.375. 6-1-5 SEVERABILITY: 7 ORDINANCE NO. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. SECTION II. There is hereby declared an emergency and this ordinance shall take effect immediately upon adoption. PASSED BY THE CITY COUNCIL this day of , 2005. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2005. Kathy Keolker-Wheeler, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1167:2/10/05:ma 8