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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, October 21, 2019
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Red Ribbon Week 2019 - October 23 - 31, 2019
4. PUBLIC HEARING
a) 2019-2020 Mid-Biennial Budget Update
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
• All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow‐up.
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of October 14, 2019.
Council Concur
b) AB - 2493 Community & Economic Development Department recommends amending
Renton Municipal Code (RMC) 2-8-6 and 2-8-7 amending City Art Collection regulations,
repealing the One Percent for Arts program, and establishing the Municipal Arts Fund.
Refer to Community Services Committee
c) AB - 2495 Community & Economic Development Department requests authorization to
execute a franchise agreement with New Cingular Wireless PCS, LLC that allows the
franchisee to construct, operate, maintain, replace, relocate, repair, upgrade, remove,
excavate, acquire, and use the Small Cell Facilities for its small cell network within and
through public rights-of-way within the City of Renton.
Refer to Utilities Committee
d) AB - 2492 Utility Systems Division recommends approval of the Water Quality
Stormwater Capacity Grant Agreement No. WQSWCAP-1921-Renton-00019, with the
Department of Ecology, to receive up to $50,000 in non-matching grant funds to assist
with complying with the requirements of the Western Washington Phase II Municipal
Stormwater Permit.
Refer to Utilities Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers, Utility Leak Adjustment-MVP Dental, Symetra Stop Loss
Contract, Sunset Neighborhood Park Bid Award, Capital Projects Coordinator Higher at
Step E, New Judicial Position in Court*, Civil Engineer III in CED Hire at Step E, School
Crossing ILA with WSDOT
9. LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5934: Amending RMC Ch. 3-10 to create a New Judicial Position (See Item
8.a)
Ordinance for second and final reading:
b) Ordinance No. 5933: Renton Regional Fire Authority (RRFA) Governing Board Term
Language (First Reading 10/14/2019)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Conferencing Center
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
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
DenisLawMayorfrt)/iereas,alcoholandotherdrugabuseinthisnationhasreachedepidemicstages;andWfiereas,itisimperativethatvisible,unifiedpreventioneducationeffortsbycommunitymembersbelaunchedtoeliminatethedemandfordrugs;andWIiereas,theNationalRedRibbonCampaignofferscitizenstheopportunitytodemonstratetheircommitmenttodrug-freelifestyles(nouseofillegaldrugs,noillegaluseoflegaldrugs);andWfiereas,theNationalRedRibbonCampaignwillbecelebratedineverycommunityinAmericaduringRedRibbonWeek,October23-31;andWfiereas,businesses,government,patents,lawenforcement,media,medicalorreligiousinstitutions,schools,seniorcitizens,serviceorganizations,andyouthwilldemonstratetheircommitmenttohealthy,drug-freelifestylesbywearinganddisplayingRedRibbonsduringthisweek-longcampaign;andWñereas,theCityofRentonfurthercommitsitsresourcestoensurethesuccessoftheRedRibbonCampaign;Wow,therefore,I,DenisLaw,MayoroftheCityofRenton,doherebyproclaimOctober23-31,2019,tobeRec(Rjb6onWee2O19intheCityofRenton,andIencourageallcitizenstojoinmeinparticipatingindrugpreventioneducationactivities,makingavisiblestatementthatwearestronglycommittedtoadrug-freestate.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis21stdayofOctober,2019.Den/sLaw,MayrCityofRenton,WashingtonProctamationRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a)
MID-BIENNIAL BUDGET
PUBLIC HEARING
OCTOBER 21, 2019
AGENDA ITEM #4. a)
MID-BIENNIUM BUDGET UPDATE
Update General Fund revenue projections with changed conditions
Make housekeeping adjustments to incorporate prior Council actions
Make adjustments for unexpected costs and proposed department
changes
Actions required:
•Set property tax levy for 2020
•Adopt budget amendments
•Update fee schedule
2 AGENDA ITEM #4. a)
MID-BIENNIUM REVIEW PROCESS
3
October 7 (Committee of the Whole)Revenue Update and Proposed 2019-2020
Adjustments
October 21 (Regular Council Meeting)Public Hearing:
2019 Revenue and Property Tax Levy
Mid-biennium Budget Adjustments
November 4 (Committee of the Whole)Follow up to Council questions,as needed
Council Deliberation
Finalize Committee Report
November 4 (Regular Council Meeting)Public Hearing:
2019 Revenue and Property Tax Levy
Mid-biennium Budget Adjustments
Committee Report Adoption
Ordinances -First Reading
November 18 (Regular Council
Meeting)
Ordinances/Resolution -Final
Reading/Adoption AGENDA ITEM #4. a)
PRELIMINARY 2020 PROPERTY TAX
LEVY
4
Property Tax Worksheet Amount
2019 Base Levy 38,092,431$
Limit Factor (the lesser of 1% or CPI)380,924
2020 Property Tax Base Levy 38,473,355
2020 Maximum Statutory Levy 52,653,110
2020 Preliminary Allowable Tax Rate per $1000 AV 2.67917$
2019 Actual Levy 21,300,000$
Prior Year Refunds -
Limit Factor (the lesser of 1% or CPI)380,924
New Construction 132,425
Annexation -
2020 Levy 21,813,349
2020 Estimated Levy Rate 1.10994$ AGENDA ITEM #4. a)
SUMMARY OF GENERAL FUND
ADJUSTMENT –REVENUE
5
General Fund
2019
Adjustment
2020
Adjustment
Revenue
Fund Closings/Shiftings 1,113,671$ 1,210,000$
Utility Tax (650,000) (650,000)
Business and Occupation Tax 1,500,000 1,220,000
Business License 200,000 -
REET 400,000 -
Admissions Tax (100,000) (100,000)
Gambling Tax 500,000 500,000
Building Permits/Development Service Fees (800,000) (800,000)
Public Safety Fees 200,000 200,000
Recreation Fees (200,000) (200,000)
Fines/Forfeit 500,000 500,000
Interest 300,000 -
Miscellaneous Grants 120,990 58,013
Miscellaneous Community Services Sponsorships 73,213 -
Total Revenue Adjustment 3,157,875$ 1,938,013$ AGENDA ITEM #4. a)
SUMMARY OF GENERAL FUND
ADJUSTMENT –EXPENDITURES
6
General Fund
2019
Adjustment
2020
Adjustment
Expenditures
Summary of Position Adjustments 21,962$ 397,482$
Internal Service Fund Costs for New FTEs 31,791 9,030
COLA Adjustment for AFSCME/Non Rep 148,436 328,092
Public Defense Services 50,000 73,000
Fund Closings/Shiftings 1,113,671 1,210,000
Correct Parks/Facilities CIP Funding (2,698,000) (450,000)
Williams & Wells CIP Contribution 2,449,738 -
Grant Funded Expense 137,786 58,013
General Debt Service Reserve Requirement 889,148 -
Police Overtime 600,000 600,000
Updated City Arts Program - 15,000
Sponsorship Funded Programs 79,379 -
Transit Oriented Development Subarea Plan 150,000 -
REACH Center Match/Adendum 74,000 -
Total Expenditure Adjustment 3,047,912$ 2,240,617$ AGENDA ITEM #4. a)
NON-GENERAL FUND ADJUSTMENT -
HIGHLIGHTS
Adjustment for debt service and projects related to Local
Revitalization Funding bonds and Parks Bonds issued in
2019
Transfer to provide full funding for Williams & Wells
Adjustment to provide funding for Duvall Avenue NE
Consolidates City Arts Program into a newly named
Municipal Arts Fund
Corrects previously authorized appropriation for Family
First Community Center
7 AGENDA ITEM #4. a)
UPDATED FEE SCHEDULE
8
Correct “Street Naming (Honorary)” installation
cost ($250)
Update 2020 School Impact Fees as per current
legislation
AGENDA ITEM #4. a)
MID-BIENNIAL BUDGET
UPDATE
9
Public Hearing
AGENDA ITEM #4. a)
October 14, 2019 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, October 14, 2019
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Don Persson, Council President
Randy Corman
Ryan McIrvin
Ruth Pérez
Armondo Pavone
Ed Prince
Councilmembers Absent:
Council Position No. 3 Vacant
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Robert Harrison, Chief Administrative Officer
Leslie Clark, Senior Assistant City Attorney
Jason Seth, City Clerk
Craig Burnell, Building Official
Commander Jeff Eddy, Police Department
PROCLAMATION
a) Indigenous Peoples' Day: A proclamation by May Law was read declaring October 14, 2019
to be Indigenous Peoples' Day in the City of Renton, encouraging all members of the
community to join in this special observation. Councilmember Ryan McIrvin accepted the
proclamation with appreciation.
MOVED BY PERSSON, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
AGENDA ITEM #7. a)
October 14, 2019 REGULAR COUNCIL MEETING MINUTES
ADDED PROCLAMATION
b) Honorary Renton Residents: A proclamation by Mayor Law was read declaring all members of
the Nishiwaki delegation visiting Renton, WA on October 17, 2019 to be Honorary Renton
Residents in the City of Renton, and encouraging the community to join in this special
observance.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
PROCLAMATION. CARRIED.
ADMINISTRATIVE REPORT
Chief Administrative Officer Robert Harrison reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2019 and beyond. Items noted were:
Inclement Weather Response Reminder: The Public Works Department would like to
remind residents to help us prevent local residential street flooding by monitoring
catch basins near your home and keeping them clear of leaves and other debris.
Street sweepers are dispatched daily to clean up debris along major arterials. Also,
snow is not far away. Please remember that during snow and ice events, the
department sanders and snow plows are dispatched to keep major arterials drivable.
Visit our website to view our snow route maps. It is imperative that motorists do not
park or abandon their vehicles within any portion of the traffic lanes. Abandoned
vehicles impair snow and ice removal and impact response of emergency vehicles.
A date has been set for the removal of the elm tree in Jones Park affected by Dutch
Elm Disease. On Tuesday October 15, 2019, Trelstad Tree Service will remove the tree
and grind the stump. No lane closures will be needed, but nearby parking will be
coned off. Properties nearby will also receive courtesy notices of this work.
Preventative treatments for two of the remaining elm trees are already underway.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Kari Marino, Bellevue, spoke on behalf of Verizon Wireless and thanked Council for
supporting the right‐of‐way franchise agreement (AB‐2486). She explained this
agreement will help Verizon boost its cell technology, which in turn increases service
for Renton residents.
Jason Collins, Renton, spoke on a number of topics including food stamps for the
elderly and free P.O. Boxes for homeless residents.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of October 7, 2019. Council Concur.
b) AB ‐ 2491 City Clerk submitted the quarterly list of fully executed contracts between 7/1/2019
‐ 9/30/2019, and a report of agreements expiring between 10/1/2019 – 3/31/2020. Council
Concur.
AGENDA ITEM #7. a)
October 14, 2019 REGULAR COUNCIL MEETING MINUTES
c) AB ‐ 2481 Administrative Services Department recommended approval of a water leak utility
bill adjustment in the amount of $3,957.90 for MVP Dental Holding, LLC, with a service
address of 300 Pelly Ave N. Refer to Finance Committee.
d) AB ‐ 2484 Community & Economic Development Department recommended hiring a Civil
Engineer III at Step E of salary grade a29, effective November 12, 2019. Refer to Finance
Committee.
e) AB ‐ 2486 Community & Economic Development Department requested authorization to
execute a franchise agreement with Seattle SMSA Limited Partnership d/b/a Verizon Wireless
that allows the franchisee to construct, operate, maintain, replace, relocate, repair, upgrade,
remove, excavate, acquire, and use the Small Cell Facilities for its small cell network within
and through public rights‐of‐way within the City of Renton. Refer to Utilities Committee.
f) AB ‐ 2478 Community Services Department requested authorization to hire a Capital Project
Coordinator/Park Planning at Step E of salary grade a28. Refer to Finance Committee.
g) AB ‐ 2489 Human Resources / Risk Management Department recommended approval of the
2020 Excess Loss (Stop Loss) insurance contract with Symetra, in the amount of $429,539
which protects the City from the cost of high‐dollar claims. Refer to Finance Committee.
h) AB ‐ 2485 Public Works Administration requested authorization to purchase six vehicles for
the Community Services Department totaling $185,094. All vehicles will be purchased using
the Washington State Bid Contract Award 05916, and the purchases were approved in the
2019/2020 Biennial Budget. Council Concur.
i) AB ‐ 2476 Transportation Systems Division recommended authorizing the execution of a Local
Agency Agreement with the Washington State Department of Transportation for the
obligation of $66,300 in grant funding, and approval all subsequent agreements necessary to
accomplish the Renton Elementary and Middle School Crossings project. Refer to Finance
Committee.
j) AB ‐ 2482 Utility Systems Division recommended approval of a contract with Otak, Inc., in the
amount of $189,602.40, for design services for the Monroe Ave NE Storm Improvement
Project ‐ Phase I. Refer to Utilities Committee.
k) AB ‐ 2487 Utility Systems Division recommended approval to execute Change Order No. 10 to
CAG‐17‐174, contractor Laser Underground & Earthworks, Inc., in the amount of $216,051.04,
for additional authorized work related to the installation of new water mains for the Renton
Hill Utility Replacement project. Refer to Utilities Committee.
MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Committee of the Whole Chair Persson presented a report concurring in the staff
recommendation to amend Renton Municipal Code (RMC) 2‐21‐4 in order to clarify term
language for Renton Regional Fire Authority board members. The Committee further
recommended that the ordinance regarding this matter be presented for first reading and
subsequent adoption.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #7. a)
October 14, 2019 REGULAR COUNCIL MEETING MINUTES
LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5933: An ordinance was read amending Section 2‐21‐4 of the Renton
Municipal Code, by updating Renton Regional Fire Authority Governing Board term language,
providing for severability, and establishing an effective date.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar
Having heard a presentation on the proposed I‐976 ballot measure, it was
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CANCEL THE PUBLIC
MEETING TO CONSIDER SUPPORTING OR OPPOSING THE PROPOSED I‐976
BALLOT MEASURE CURRENTLY SCHEDULED FOR OCTOBER 21, 2019. CARRIED.
ADJOURNMENT
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME:
7:18 P.M.
Jason A. Seth, CMC, City Clerk
Jason Seth, Recorder
Monday, October 14, 2019
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
October 14, 2019
October 21, 2019 Monday
4:30 PM Finance Committee, Chair Pavone – Council Conference Room
1. Utility Leak Adjustment, MVP Dental
2. Symetra Stop Loss Contract
3. Sunset Neighborhood Park Bid Award
4. Capital Projects Coordinator Hire at Step E
5. New Judicial Position in Court
6. Civil Engineer III in CED Hire at Step E
7. School Crossings ILA
8. Vouchers
9. Emerging Issues in Finance
CANCELLED Transportation Committee, Chair McIrvin
6:00 PM Committee of the Whole, Chair Persson – Conferencing Center
1. Affordable Housing/Senior Housing Brainstorming
2. Emerging Issues
AGENDA ITEM #7. a)
AB - 2493
City Council Regular Meeting - 21 Oct 2019
SUBJECT/TITLE: Update to Municipal Arts Commission Code
RECOMMENDED ACTION: Refer to Community Services Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Chip Vincent, Administrator
EXT.: x6588
FISCAL IMPACT SUMMARY:
$25,000 annually
SUMMARY OF ACTION:
The Administrative Services Department (ASD) began an effort in late 2018 to update the calculation of the 1%
provision which had become very cumbersome to administer. As the process began, staff quickly realized that
the Code provisions needed additional changes, particularly with regard to maintenance of municipal art. As
such, ASD involved Community and Economic Development, Community Services, and Public Works in the
discussion.
As a result of those discussions, staff determined that it would be best to provide a flat dollar amount in lieu of
calculating the “1% for arts,” to clarify maintenance responsibilities, and to address certain procedural
questions.
The City of Renton currently contributes approximately $15,000 annually through the “1% for Arts”
calculation. In lieu of cumbersome calculations, staff recommends that the City replace the calculated figure
with a flat $15,000 annually. In additio n, due to the cost of maintaining art, staff recommends increasing the
Community Services Facilities maintenance budget for $10,000 annually, which may need to be adjusted
depending on the maintenance schedule and the increased art over time.
EXHIBITS:
A. Issue Paper
B. City Art Collection Municipal Art Fund Ordinance
STAFF RECOMMENDATION:
Staff recommends an amendment to the Municipal Arts Commission Code clarifying various provisions and
converting the “1% for Arts” calculation into an annual dollar amount in lieu of calculating the “1% for arts,”
clarifying maintenance responsibilities, and addressing certain procedural questions.
AGENDA ITEM #7. b)
M E M O R A N D U M
DATE:October 10, 2019
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C. E. “Chip” Vincent, CED Administrator
SUBJECT:Update to Municipal Arts Commission Code
ISSUE
Should the City of Renton amend Municipal Code provisions relative to funding for the
Arts?
RECOMMENDATION
Staff recommends an amendment to the Municipal Arts Commission Code clarifying
various provisions and converting the “1% for Arts” calculation into an annual dollar
amount in lieu of calculating the “1% for arts,” clarifying maintenance responsibilities,
and addressing certain procedural questions.
OVERVIEW
The City of Renton adopted Ordinance 2969 on October 6, 1975 creating a special fund
known as the Municipal Arts Fund, providing for expenditure of funds for art in public
facilities funded through 1% of actual total project costs on all public project costing up
to $500,000, and construction of public works and establishing rules and regulations.
Ordinance 2969 has been updated periodically over the years through various
ordinances.
The Administrative Services Department (ASD) began an effort in late 2018 to update
the calculation of the 1% provision which had become very cumbersome to administer.
As the process began, staff quickly realized that the Code provisions needed additional
changes, particularly with regard to maintenance of municipal art. As such, ASD involved
Community and Economic Development, Community Services, and Public Works in the
discussion.
AGENDA ITEM #7. b)
As a result of those discussions, staff determined that it would be best to provide a flat
dollar amount in lieu of calculating the “1% for arts,” to clarify maintenance
responsibilities, and to address certain procedural questions.
FISCAL IMPACT
The City of Renton currently contributes approximately $15,000 annually through the
“1% for Arts” calculation. In lieu of cumbersome calculations, staff recommends that the
City replace the calculated figure with a flat $15,000 annually. In addition, due to the
cost of maintaining art, staff recommends increasing the Community Services Facilities
maintenance budget for $10,000 annually, which may need to be adjusted depending
on the maintenance schedule and the increased art over time.
CONCLUSION
Staff recommends an amendment to the Municipal Arts Commission Code clarifying
various provisions and converting the “1% for Arts” calculation into an annual dollar
amount in lieu of calculating the “1% for arts,” clarifying maintenance responsibilities,
and addressing certain procedural questions.
AGENDA ITEM #7. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 2-8-6 AND 2-8-7 OF THE RENTON MUNICIPAL CODE, BY REORDERING
PROVISIONS, AMENDING THE CITY ART COLLECTION REGULATIONS, REPEALING
THE ONE PERCENT FOR ARTS PROGRAM, ESTABLISHING THE MUNICIPAL ART
FUND, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I.All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II.Sections 2-8-6 and 2-8-7 of the Renton Municipal Code are amended as
shown below. All other provisions in chapter 2-8 RMC remain in effect and unchanged.
2-8-6 ONE PERCENT FOR ARTS PROGRAM:
A. The One Percent for Arts Program shall result in the fabrication or
selection and acquisition of art to be installed and added to the City Art
Collection.
1. The One Percent for Arts Program shall be funded by the amount
equal to one percent (1%) of the actual total project cost of Capital Improvement
Projects, upon budgeting therefor by the City Council and authorization by the
Mayor or designee, with exceptions noted herein.
2. The amount transferred to the One Percent for Art Fund (“Fund”),
shall be based on the Capital Improvement Project’s cost used for budgetary
planning purposes. The amount transferred to the Fund shall be adjusted up or
AGENDA ITEM #7. b)
ORDINANCE NO. ________
2
down from that amount, based on the actual total project cost after it has been
completed.
3. Definition of Capital Improvement Project: For the purpose of this
Chapter, a Capital Improvement Project shall be a reference to any public
building, decorative or commemorative structure, park, street, sidewalk, parking
facility, or any portion thereof, within the City limits, which will be constructed,
renovated or remodeled, and paid for wholly or in part by the City, and the total
project cost of which exceeds ten thousand dollars ($10,000) to construct,
renovate, or remodel.
4. The definition of a Capital Improvement Project shall not include the
City’s water and sewer utility capital projects.
5. In the event any law, rule or regulation establishing a source of funds
for a particular project, including but not limited to grants, loans, or assistance
from Federal, State or other governmental units, specifically prohibits, limits or
excludes artwork as a proper project expenditure, then the amount of funds
from such source shall be specifically excluded in computing the one percent
(1%) amount of the total project cost. Other funds for the project, however, will
be subject to the Fund assessment.
B. Works of art to be funded by the One Percent for Arts Program shall
follow the guidelines of this section.
1. Whenever a work of art is to be funded under this Chapter, the
Commission shall, in consultation with the Mayor, initiate the project by
AGENDA ITEM #7. b)
ORDINANCE NO. ________
3
selecting the appropriate site for a work of art and, following consultation with
the Mayor or designee, recommend the art project to the City Council.
2. The City Council shall consider the recommendation of the
Commission and either approve or reject the recommended art project.
3. Should the City Council approve the art project, then the City shall
proceed to contract with the appropriate artist or artists to acquire or fabricate
the work of art.
4. The contract with the artist or artists will be administered by
Community and Economic Development Department staff.
C. The One Percent for Art Fund shall not be utilized for maintenance,
restoration, or repair of the City Art Collection, including for works of art funded
by the One Percent for Arts Program.
2-8-76 CITY ART COLLECTION:
A. The Commission shall serve as steward of the City Art Collection
(“Collection”). It is the responsibility of the Commission to manage the Collection
by maintaining an accurate inventory of works. The Commission shall, on an
annual basis, inspect the Collection in order to provide verification to the Mayor
or designee and City Council of the location and condition of all works in the
Collection.
B. The Commission shall have authority to rotate, re-site, and display works
from the Collection at its discretion, subject to the requirements of this chapter.
Meaningful access by the public, security of the Collection, and appropriateness
AGENDA ITEM #7. b)
ORDINANCE NO. ________
4
of the location shall be primary considerations of the Commission. Works from
the Collection shall not be located in private offices or other locations not
accessible to the public.
C. Items in the Collection may be loaned to nonprofit or public cultural
organizations or agencies for exhibition purposes when the exhibition will share
the work with new audiences, promote scholarship, or offer new consideration
of the work or art or artist. Loans shall not be made for commercial purposes.
The Commission shall consider each loan request and prepare a
recommendation to the City Council. No loan shall be made unless the City
Council has approved the loan request.
D. The Commission shall, in coordination with the appropriate
departments, maintain a conservation policy from which it may shall prepare
specifications for a maintenance plan for the Collection. Funds budgeted
deposited into the Municipal Art Fund established in RMC 2-8-6.B to the
Commission shall not be used for maintenance of the Collection. Artwork
maintenance and restoration of the Collection shall be performed by the City’s
Facilities Division, unless and prioritized with other City maintenance projects by
the appropriate departments, including when maintenance or restoration is
contracted out to a third party. of artwork in the Collection requires a level of
skill beyond that of Facilities Department personnel, as
AGENDA ITEM #7. b)
ORDINANCE NO. ________
5
E. For purposes of this Section, the “appropriate department” is determined
by the location of the art Commission and the Facilities Department. For art
located in City-owned parks, trails and natural areas, and City buildings,
Community Services shall be the appropriate department. For art located in
rights-of-way, Public Works shall be the appropriate department. For art located
on private property, CED shall be the appropriate department.
EF. The purpose of the Commission is to serve as steward of and advisor
regarding the Collection; however, the City Council makes all final decisions
regarding funds expended on acquisitions to the Collection. Works of art under
consideration to be added to the Collection, whether by purchase, creation, gift,
or other means of acquisition, shall be evaluated by the Commission as to
appropriateness prior to acceptance. Such consideration shall be guided by
Aacquisition Ppolicies as delineated in the Commission bylaws. If the
Commission determines that acquisition is appropriate, it shall prepare a
recommendation to the City Council. The City Council shall have the only
authority to approve or reject the recommended acquisition.
FG.The Commission may occasionally find it necessary to deaccession work
or works from the Collection, which finding shall be done made in accordance
with Deaccession Policies in the Commission’s bylaws. When the Commission
makes a finding that deaccession is appropriate, it shall prepare a
recommendation to the City Council. The City Council shall have the only
AGENDA ITEM #7. b)
ORDINANCE NO. ________
6
authority to approve or reject the recommended deaccession according to City
surplusing policies and processes.
2-8-7 FUNDING FOR THE ARTS:
A. Policy: The City finds that the public experience is enhanced through the
visual arts. Such works of art create a more visually pleasing and humane
environment and add to the overall beautification and cultural climate of the
City and the quality of life of its residents. A policy is therefore established that
anticipates City funding for works of art in places publicly viewable in the City.
Works of art acquired with these funds will become part of the City Art
Collection.
B. Municipal Art Fund: There is hereby created and established a special
purpose interest-bearing fund designated the “Municipal Art Fund” into which
shall be deposited moneys as the City Council shall designate for works of art.
Moneys so budgeted and deposited shall be expended for:
1. The selection, acquisition, and/or display of works of art in the City Art
Collection as approved by the City Council. Such works of art shall be placed and
retained in locations where they are readily accessible for public viewing.
2. Operational and incidental expenditures for the Commission.
3. Grants awarded to local artists and community events to support local
arts.
AGENDA ITEM #7. b)
ORDINANCE NO. ________
7
SECTION III.If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV.This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2019.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2065:10/2/19
AGENDA ITEM #7. b)
AB - 2495
City Council Regular Meeting - 21 Oct 2019
SUBJECT/TITLE: New Cingular Wireless PCS, LLC Small Cell Technology Franchise
Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Jennifer Henning, Planning Director
EXT.: 7286
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, has requested a franchise agreement
with the City of Renton in order to provide a telecommunication network for small cell technology services.
The franchise being sought with the City of Renton would allow for the installation of small cell
communication facilities, in, across, over, along, under, through and below certain designated public rights -of-
way within the City.
The franchise agreement permits New Cingular Wireless, PCS, LLC to construct, operate, maintain, replace,
relocate, repair, upgrade, remove, excavate, acquire, and use the Small Cell Facilities for its small cell network
within and through public rights-of way within the City of Renton.
EXHIBITS:
A. Issue Paper
B. Ordinance
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into a franchise agreement with New Cingular Wireless PCS, LLC
as a purveyor of a telecommunications network for small cell technology within the City of Renton.
AGENDA ITEM #7. c)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:October 21, 2019
TO:Don Persson, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C.E. “Chip” Vincent, CED Administrator, ext. 6588
STAFF CONTACT:Jennifer Henning, Planning Director (ext. 7286)
SUBJECT:New Cingular Wireless PCS, LLC Small Cell Technology
Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with New Cingular Wireless PCS, LLC?
RECOMMENDATION:
Staff recommends that Council authorize the Mayor and City Clerk to enter into a
franchise agreement with New Cingular Wireless PCS, LLC as a purveyor of a
telecommunications network for small cell technology within the City of Renton.
BACKGROUND SUMMARY:
New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, has requested a
franchise agreement with the City of Renton in order to provide a telecommunication
network for small cell technology services. The franchise being sought with the City of
Renton would allow for the installation of small cell communication facilities, in, across,
over, along, under, through and below certain designated public rights-of-way within
the City. The use of the City rights-of-way for this private telecommunications system
requires a franchise agreement with the City and is subject to appropriate fees for the
reduced value of the affected rights-of way.
The franchise agreement permits New Cingular Wireless, PCS, LLC to construct, operate,
maintain, replace, relocate, repair, upgrade, remove, excavate, acquire, and use the
Small Cell Facilities for its small cell network within and through public rights-of way
within the City of Renton.
AGENDA ITEM #7. c)
Don Persson, Council President
Page 2 of 4
October 21, 2019
The length of term agreed to by the City and New Cingular Wireless, PCS, LLC for the
proposed franchise agreement would be effective for a period of five (5) years. A
possible 5-year renewal may allowed for, via the franchise, at the City’s discretion.
The agreement groups similar items together Sections 1-3 cover the basic franchise
approval. Sections 4-13 cover general work activities. Sections 14-15 cover cost
recovery and permitting. Sections 16-38 cover basic legal concerns. Section 39 provides
for final franchise adoption.
OUTLINE FOR New Cingular Wireless, PCS, LLC, Small Cell Technology FRANCHISE
AGREEMENT
1. Franchise Granted: Provides for the grant of the franchise, specifies the five (5) year
term of the franchise, and provides for the franchisee to request an additional
period of five (5) years.
2. Authority Limited to Occupation of Rights-of-Way for Services; Definition of
Facilities: Explains rights of the franchisee to occupy the right-of-way.
3. Non-Exclusive Franchise Grant: Grants basic franchise rights to New Cingular
Wireless PCS, LLC, for a limited, non-exclusive franchise.
4. Location of Telecommunications Network Facilities: Defines where facilities may be
located.
5. Relocation of Telecommunications Network Facilities: Describes situations and
process where the City may require relocation of franchisee’s facilities.
6. Undergrounding of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
7. Maps and Records: Obligates the franchisee to provide accurate plans, maps, and
as-built drawings as requested by the City.
8. Work in the Rights-of-Way: Describes the manner of work and limitations in the
rights-of-way.
9. One Call Locator Service: Requires the franchisee to contact the Utility Notification
Center before commencing work.
10. Safety Requirements: Requires the franchisee to follow industry-standard safety
methods in order to protect the public.
11. Work of Contractors and Subcontractors: Regulates contractors and subcontractors
the same as the franchisee.
12. Restoration after Construction: Requires prompt removal of obstacles in the rights-
of-way, and restoration of disturbed or damaged areas in the rights-of-way.
13. Emergency Work/Dangerous Conditions: Requires immediate and proper
emergency control measures to protect the public in the event the franchisee’s
facilities fall, become damaged, or break.
14. Recovery of Costs, Taxes and Fees: Requires that the franchisee pay for actual
administrative expenses incurred by the City that are directly related to receiving
and approving this Franchise.
AGENDA ITEM #7. c)
Don Persson, Council President
Page 3 of 4
October 21, 2019
15. Permitting and Aesthetics: Confirms that the City retains authority over all small cell
facilities; requires small cell permits; specifies that the City retains approval
authority; specifies design details, including an order of preference for design;
requires concealment techniques, compliance with light and noise requirements;
requires the franchisee to maintain an inventory of facilities; and, requires the
abatement of graffiti.
16. Insurance: Specifies that franchisee must maintain certain levels of insurance.
17. Abandonment of Franchisee’s Telecommunications Facilities: Requires notice to the
City when use ceases or facilities are abandoned.
18. Bonds: Requires that franchisee furnish performance bonds, maintenance bonds,
and franchise bonds.
19. Modification: Provides the rights for the City and franchisee to alter, amend, or
modify the franchise.
20. Revocation: Specifies that the City has the right to revoke the franchise.
21. Remedies to Enforce Compliance: Establishes process for recovering damages and
costs incurred by the City as a result of the franchisee’s failure to comply.
22. Non-Waiver: Specifies process for written amendment to franchise.
23. City Ordinances and Regulations: Clarifies that the City has the authority to adopt
and enforce ordinances that regulate the performance of the conditions of the
franchise.
24. Cost of Publication: Requires the Franchisee pay the cost of the publication of the
Franchise, if applicable.
25. Acceptance: Requires that the franchisee to execute and return the acceptance of
the franchise to the City, along with all applicable fees and bonds.
26. Survival: Specifies that provisions/conditions/requirements of certain sections shall
be in addition to all other obligations.
27. Assignment: States that the franchise may not be transferred or assigned without
approval in writing by the City.
28. Extension: Addresses expiration of the franchise without renewal.
29. Entire Agreement: Explains that the franchise is the entire agreement, and is
binding upon the parties.
30. Eminent Domain: Clarifies that the franchise shall not preclude the City from
acquiring by condemnation franchisee’s facilities for fair market value.
31. Vacation: Discusses vacation of areas affected by the franchise.
32. Notice: Provides contact addresses for both parties to the franchise.
33. Severability: Clarifies that if one portion of the franchise is invalid or
unconstitutional, the other portions remain.
34. Compliance with All Applicable Laws: States that franchisee will comply with
applicable laws, ordinances, rules and regulations.
35. Attorney’s Fees: Specifies that the prevailing party in a suit is entitled to recover all
costs and expenses.
36. Hazardous Substances: Requires that the franchisee not introduce or use any
hazardous substances (chemical or waste).
AGENDA ITEM #7. c)
Don Persson, Council President
Page 4 of 4
October 21, 2019
37. Licenses, Fees and Taxes: Requires a business or utility license from the City.
38. Miscellaneous: Provides that the franchisee will hold harmless the City of Renton.
39. Ordinance Effective Date: Ordinance goes into effect five (5) days after passage and
publication of an approved summary.
New Cingular Wireless, PCS, LLC must file its written acceptance of this franchise with
the City Clerk within 60 days after approval by the mayor in order to claim any right or
benefit under this franchise agreement.
cc: Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Ron Straka, Utility Systems Director
Brianne Bannwarth, Development Engineering Manager
Justin Johnson, Civil Engineer III
Holly Powers, Development Services Representative
AGENDA ITEM #7. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO NEW
CINGULAR WIRELESS PCS, LLC AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS,
THE RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE
YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN,
ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED
PUBLIC RIGHTS-OF-WAY OF THE CITY OF RENTON, WASHINGTON.
WHEREAS, New Cingular Wireless PCS, LLC (the “Franchisee”) has requested that the
Renton City Council grant a nonexclusive franchise (this “Franchise”), and
WHEREAS, the Renton City Council has the authority to grant Franchises for the use of
its streets and other public properties pursuant to RCW 35A.47.040;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section I. Franchise Granted.
Section I.1 Pursuant to RCW 35A.47.040, the City of Renton, a Washington municipal
corporation (hereinafter the “City”), hereby grants to the Franchisee, its affiliates, heirs,
successors, legal representatives and assigns, subject to the terms and conditions hereinafter
set forth, a Franchise for a period of five (5) years, beginning on the effective date of this
ordinance, set forth in Section XXXIX herein. At any time not less than sixty (60) days before the
expiration of the current Franchise term, Franchisee may make a written request for an
additional Franchise term of five (5) years. City shall grant such request to Franchisee, in
accordance with then-applicable laws, unless Franchisee is or has been in default of the terms
of this Franchise beyond applicable notice and cure periods.
Section I.2 This Franchise ordinance grants Franchisee the right, privilege, and authority
to construct, operate, maintain, replace, relocate, repair, upgrade, remove, excavate, acquire,
AGENDA ITEM #7. c)
ORDINANCE NO. ________
2
and use the Small Cell Facilities, as defined in Section II.2, for its telecommunications network,
in, under, on, across, over, through, along or below the public Rights-of-Way located in the City
of Renton, as approved pursuant to the Renton Comprehensive Plan, the City’s design and
construction standards, and the Renton Municipal Code (collectively, the “City’s Codes”), and
permits issued pursuant to this Franchise. Public “Rights-of-Way” means the surface of, and
the space above and below, any public street, highway, freeway, bridge, alley, court, boulevard,
sidewalk, lane, public way, drive, circle, pathways, spaces, utility easements (unless there are
relevant use, structure or other restrictions) or other public right of way which, under City
ordinances or applicable laws, the City has authority to grant franchises, licenses, or leases for
use thereof, or has regulatory authority there over and only to the extent such Rights-of-Way
are opened. Rights-of-Way for the purpose of this Franchise do not include:
(a) any other City property, such as the Renton Municipal Airport and City parks even if
there are access ways over such property;
(b) state highways; (c) land dedicated for roads, streets, and highways not opened and
not improved for motor vehicle use by the public;
(c) federally granted trust lands or forest board trust lands;
(d) lands owned or managed by the state parks and recreation commission; or
(e) federally granted railroad rights-of-way acquired under 43 U.S.C. Section 912 and
related provisions of federal law that are not open for motor vehicle use.
Section I.3 Franchisee intends to initially deploy Facilities in the locations indicated and
using the designs described on attached Exhibit A (the “Initial Deployment Plan”); however, the
Initial Deployment Plan attached hereto is for informational purposes only and in no way limits
or restricts Franchisee’s ability to deploy additional Facilities in additional locations within the
City under this Franchise, nor shall an amendment to this Franchise be required to allow such
additional Facilities and locations. Inclusion of the Initial Deployment Plan in this Franchise is
not a binding commitment to construct the Facilities described in Exhibit A, nor is it a substitute
AGENDA ITEM #7. c)
ORDINANCE NO. ________
3
for any City required approvals to construct Franchisee’s Facilities in the Rights-of-Way (“City
Approvals”).
Section I.4 If a direct conflict exists or arises such that the Franchisee or the City or both
cannot comply with both the terms of this Franchise and the City’s Codes, the terms of this
Franchise shall prevail. This provision shall be narrowly construed.
Section II. Authority Limited to Occupation of Rights-of-Way for Services; Definition of
Facilities.
Section II.1 The authority granted herein is a limited authorization to occupy and use
the Rights-of-Way throughout the City (the “Franchise Area”). The Franchisee is authorized to
place its Facilities in the Rights-of-Way only consistent with this Franchise and the City’s Codes.
Nothing contained herein shall be construed to grant or convey any right, title, or interest in the
Rights-of-Way of the City to the Franchisee other than for the purpose of providing
telecommunications services. Franchisee hereby warrants that it expects to provide the
following services within the City: small cell network consisting of a collection of interrelated
Small Cell Facilities designed to deliver personal wireless services and any other wireless
communications services that Franchisee may lawfully provide (the “Services”).
Section II.2 As used herein, “Small Cell Facilities” or “Facilities” means a personal
wireless services facility that meets both of the following qualifications: (i) each antenna is
located inside an antenna enclosure of no more than three cubic feet in volume or, in the case
of an antenna that has exposed elements, the antenna and all of its exposed elements could fit
within an imaginary enclosure of no more than three cubic feet; and (ii) primary equipment
enclosures are no larger than twenty-eight (28) cubic feet in volume. The following associated
equipment may be located outside the primary equipment enclosure and if so located, are not
included in the calculation of equipment volume (but remain included in the definition of Small
Cell Facilities): Electric meter, concealment, telecomm demarcation box, ground-based
enclosures, battery back-up power systems, grounding equipment, power transfer switch, and
cut-off switch. Small Cell Facilities shall also include all necessary cables, transmitters,
AGENDA ITEM #7. c)
ORDINANCE NO. ________
4
receivers, equipment boxes, backup power supplies, power transfer switches, electric meters,
coaxial cables, wires, conduits, ducts, pedestals, antennas, electronics, and other necessary or
convenient appurtenances used for the specific wireless communications facility. Equipment
enclosures with air conditioning, or other noise generating equipment are excluded from “Small
Cell Facilities.” Except as may be otherwise provided herein, Services do not include personal
wireless services and associated facilities that fall outside of the definition of Small Cell Facilities
(i.e. macro facilities).
Section II.3 This Franchise does not grant Franchisee the right to install and operate
wires and facilities to provide wireline broadband transmission services, whether provided by a
third party provider, Franchisee, or a corporate affiliate of Franchisee. Any entity that provides
such wireline broadband transmission services must have an independent franchise to use the
Rights-of-Way outside of this Franchise. Further, this Franchise does not grant the right to offer
cable internet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6) by
wireline transmission.
Section II.4 No right to install any facility, infrastructure, wires, lines, cables, or other
equipment, on any City property other than a Right-of-Way, or upon private property without
the owner’s consent, or upon any City, public or privately owned poles or conduits is granted
herein. Nothing contained within this Franchise shall be construed to grant or convey any right,
title, or interest in the Rights-of-Way of the City to Franchisee other than for the purpose of
providing the Services, or to subordinate the primary use of the Right-of-Way as a public
thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall
request a written amendment to this Franchise. If Franchisee desires to use City owned
property, including poles and structures within the Rights-of-Way, it shall enter into a separate
lease, site specific agreement, or license agreement with the City.
Section II.5 Franchisee shall have the right, without prior City approval, to offer or
provide capacity or bandwidth to its customers consistent with this Franchise provided:
AGENDA ITEM #7. c)
ORDINANCE NO. ________
5
(a) Franchisee at all times retains exclusive control over its telecommunications system,
Facilities, and Services and remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater than any
rights Franchisee has pursuant to this Franchise;
(c) Such customer or lessee shall not be construed to be a third-party beneficiary under
this Franchise; and
(d) No such customer or lessee may use the telecommunications system or Services for
any purpose not authorized by this Franchise, nor to sell or offer for sale any service to
the citizens of the City without all required business licenses, franchise or other form of
state wide approval.
Section III. Non-Exclusive Franchise Grant. This Franchise is granted upon the express
condition that it shall not in any manner prevent the City from granting other or further
franchises in, along, over, through, under, below, or across any said Rights-of-Way. This
Franchise shall in no way prevent or prohibit the City from using any of said roads, streets, or
other public properties or affect its jurisdiction over them or any part of them, and the City
shall retain power to make all necessary changes, relocations, repairs, maintenance,
establishment, improvement, dedication of same as the City may deem fit, including the
dedication, establishment, maintenance, and improvement of all new Rights-of-Way,
thoroughfares and other public properties of every type and description.
Section IV. Location of Telecommunications Network Facilities.
Section IV.1 Franchisee may locate its Facilities anywhere within the Franchise Area
consistent with this Franchise and the City’s Codes. Franchisee shall not be required to amend
this Franchise to construct or acquire Facilities within the Franchise Area, provided that
Franchisee does not expand its Services beyond those described in Section II.
AGENDA ITEM #7. c)
ORDINANCE NO. ________
6
Section IV.2 To the extent that any Facilities within the Franchise Area are located within
part of the state highway system (“State Highways”) governed by the provisions of Chapter
47.24 RCW and applicable Washington State Department of Transportation (WSDOT)
regulations, Franchisee shall comply fully with said requirements in addition to local ordinances
and other applicable regulations. Without limitation of the foregoing, Franchisee specifically
agrees that:
(a) any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be restored,
repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized to
enforce in an action brought in the name of the State of Washington any condition of
this Franchise with respect to any portion of a State Highway.
Section V. Relocation of Telecommunications Network Facilities.
Section V.1 Relocation Requirement. The City may require Franchisee, and Franchisee
agrees and covenants to protect, support, temporarily disconnect, relocate, or remove its
Facilities within the Right-of-Way when reasonably necessary for construction, alteration,
repair, or improvement of the Right-of-Way for purposes of and for public welfare, health, or
safety or traffic conditions, dedications of new Rights-of-Way and the establishment and
improvement of existing Rights-of-Way, street vacations, freeway construction, change or
establishment of street grade, or the construction of any public improvement or structure by
any governmental agency acting in a governmental capacity or as otherwise necessary for the
operations of the City or other governmental entity, provided that Franchisee shall in all such
cases have the privilege to temporarily bypass in the authorized portion of the same Rights-of-
Way upon approval by the City, which approval shall not unreasonably be withheld or delayed,
AGENDA ITEM #7. c)
ORDINANCE NO. ________
7
any Facilities required to be temporarily disconnected or removed. For the avoidance of doubt,
such projects shall include any Right-of-Way improvement project, even if the project entails, in
part, related work funded and/or performed by or for a third party, provided that such work is
performed for the public benefit and at the request of or contracted by the City, but shall not
include, without limitation, any other improvement or repairs undertaken by or for the benefit
of third party private entities. Collectively all such projects described in this Section V.1 shall be
considered a “Public Project”. Except as otherwise provided by law or as otherwise agreed to in
this Franchise, the costs and expenses associated with relocations or disconnections ordered
pursuant to this Section V.1 shall be borne by Franchisee.
Section V.2 Relocation - Third Party Structures. If the request for relocation from the
City originates due to a Public Project, in which structures or poles are either replaced or
removed, then Franchisee shall relocate or remove its Facilities as required by the City, and at
no cost to the City, subject to the procedure in Section V.5. Franchisee acknowledges and
agrees, that the placement of Small Cell Facilities on third party-owned structures does not
convey an ownership interest in such structures. Franchisee acknowledges and agrees, that to
the extent Franchisee’s Small Cell Facilities are on poles owned by third parties, the City shall
not be responsible for any costs associated with requests for relocation which the City makes
solely for aesthetic purposes and with requests arising out of a Public Project.
Section V.3 Relocation - Franchisee Owned Structures. The cost of relocation of any
Franchisee owned poles or structures shall be determined in accordance with the requirements
of RCW 35.99.060(3)(b), provided, however, that the Franchisee may opt to pay for the cost of
relocating its Small Cell Facilities in order to provide consideration for the City’s approval to site
a Small Cell Facility on Franchisee owned structures or poles in a portion of the Right-of-Way
designated or proposed for a Public Project. For this Section V.3, designation of the Right-of-
Way for a Public Project shall be undertaken in the City’s Comprehensive Plan in accordance
with the requirements of Ch. 35.70A RCW. The Comprehensive Plan includes, but is not limited
to the Transportation element or Transportation Improvement Plan (TIP), Capital Facilities
element, Utilities element and any other element authorized by RCW 36.70A.070 and RCW
AGENDA ITEM #7. c)
ORDINANCE NO. ________
8
36.70A.080. The parties acknowledge that this provision is mutually beneficial to the parties, as
the City may otherwise deny the placement of the Small Cell Facility at a particular site because
of the cost impact of such relocation and the conflict with the City’s Comprehensive Plan.
Section V.4 Locate. Upon request of the City, or a third party performing work in the
Right-of-Way, and in order to facilitate the design of City street and Right-of-Way
improvements, Franchisee agrees, at its sole cost and expense, to locate, and if reasonably
determined necessary by the City, to excavate and expose its Facilities for inspection so that the
Facilities’ location may be taken into account in the improvement design. The decision as to
whether any Facilities need to be relocated in order to accommodate the City’s Public Projects
shall be made by the City upon review of the location and construction of Franchisee’s
Facilities. The City shall provide Franchisee at least thirty (30) days’ written notice prior to any
excavation or exposure of Facilities.
Section V.5 Notice and Relocation Process. If the City determines that a Public Project
necessitates the relocation of Franchisee’s existing Facilities, the City shall:
(a) At least ninety (90) days prior to commencing the Public Project, provide Franchisee
with written notice requiring such relocation; provided, however, that in the event of an
emergency situation, defined for purposes of this Franchise as a condition posing an
imminent threat to property, life, health, or safety of any person or entity, the City shall
give Franchisee written notice as soon as practicable; and
(b) At least ninety (90) days prior to commencing the Public Project, provide Franchisee
with copies of pertinent portions of the plans and specifications for the Public Project
and a proposed location for Franchisee’s Facilities so that Franchisee may relocate its
Facilities in other Rights-of-Way in order to accommodate such Public Project; and
(c) After receipt of such notice and such plans and specifications, Franchisee shall
complete relocation of its Facilities at least ten (10) days prior to commencement of the
Public Project at no charge or expense to the City, except as otherwise provided by law.
AGENDA ITEM #7. c)
ORDINANCE NO. ________
9
Relocation shall be accomplished in such a manner as to accommodate the Public
Project.
Section V.6 Alternative Designs. Franchisee may, within thirty (30) days after receipt of
written notice requesting a relocation of its Facilities, submit to the City written alternatives to
such relocation. Such alternatives must be submitted to the City at least sixty (60) days prior to
commencement of the project. The City shall evaluate the alternatives and advise Franchisee in
writing within ten (10) days after receipt of Franchisee’s alternative if one or more of the
alternatives are suitable to accommodate the work that would otherwise necessitate relocation
of the Facilities. If so requested by the City, Franchisee shall submit at its sole cost and expense
additional information to assist the City in making such evaluation. The City shall give each
alternative proposed by Franchisee full and fair consideration. In the event the City ultimately
determines that there is no other reasonable or feasible alternative, Franchisee shall relocate
its Facilities as otherwise provided in this Section V.
Section V.7 Alternative Arrangements. The provisions of this Section V shall in no
manner preclude or restrict Franchisee from making any arrangements it may deem
appropriate when responding to a request for relocation of its Facilities by any person or entity
other than the City, where the facilities to be constructed by said person or entity are not or
will not become City-owned, operated, or maintained facilities, provided that such
arrangements do not unduly delay a City construction project.
Section V.8 Contractor Delay Claims. If Franchisee breaches its obligations under this
Section with respect to relocating its Facilities, and to the extent such breach causes a delay in
the work being undertaken by the City’s third party contractor(s) that results in a claim by the
third party contractor(s) for actual and documented costs, expenses and/or damages that are
directly caused by such delay and are legally required to be paid by the City (each, a “Contractor
Delay Claim”), the City may at its sole option:
(a) tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with Section V.9 and Section XXXVIII; or
AGENDA ITEM #7. c)
ORDINANCE NO. ________
10
(b) require that Franchisee reimburse the City for any such costs, expenses, and/or
damages that are legally required to be paid by the City to its third party contractor(s) as
a direct result of the Contractor Delay Claim; provided that, if the City requires
reimbursement by Franchisee under Section V.8(b), the City shall first give Franchisee
written notice of the Contractor Delay Claim and give Franchisee the opportunity to
work with the third party contractor(s) to resolve the Contractor Delay Claim for a
period of not less than sixty (60) days prior to the City's payment of the Contractor Delay
Claim.
Section V.9 Locate Indemnification. Franchisee will indemnify, hold harmless, and pay
the costs of defending the City, in accordance with the indemnification provisions of Section
XXXVIII, against any and all claims, suits, actions, damages, or liabilities for delays on City
construction projects caused by or arising out of the failure of Franchisee to remove or relocate
its Facilities in a timely manner; provided, that Franchisee shall not be responsible for damages
due to delays caused by circumstances beyond the control of Franchisee or the sole negligence,
willful misconduct, or unreasonable delay of the City or any unrelated third party.
Section V.10 Moving a Building. Whenever any person shall have obtained permission
from the City to use any Right-of-Way for the purpose of moving any building, Franchisee, upon
thirty (30) days’ written notice from the City, shall raise, remove, or relocate to another part of
the Right-of-Way, at the expense of the person desiring to move the building, any of
Franchisee’s Facilities that may obstruct the removal of such building.
Section V.11 City’s Costs. If Franchisee fails, neglects, or refuses to remove or relocate
its Facilities as directed by the City following the procedures outlined in 5.1 through 5.6 the City
may perform such work or cause it to be done, and the City’s actual and documented costs shall
be paid by Franchisee pursuant to Section XIV.2 and XIV.3.
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Section V.12 Survival. The provisions of this Section V shall survive the expiration or
termination of this Franchise during such time as Franchisee continues to have Facilities in the
Rights-of-Way.
Section VI. Undergrounding of Facilities.
Section V.1 Franchisee hereby acknowledges and agrees that whenever the City
requires the undergrounding of the aerial utilities in any area of the City, and when such
undergrounding includes the removal of structures on which the Facilities are placed (e.g.
electric utility poles) the City may require the Franchisee to remove and relocate its Facilities.
Notwithstanding the foregoing, placing Facilities underground is not intended to preclude the
use of small cell antennas, ground-mounted appurtenances, or other Facilities that must remain
above-ground to function properly. Facilities that may be reasonably altered to function
properly below ground are not Facilities that may remain above-ground, unless such alteration
would create a hazard to people or property.
Section VI.2 Franchisee shall not remove any underground Facilities that require
trenching or other opening of the Rights-of-Way, except as provided in this Section VI.2.
Franchisee may remove any underground Facilities from the Right-of-Way that have been
installed in such a manner that it can be removed without trenching or other opening of the
Right-of-Way, or if otherwise permitted by the City. When the City determines, in the City’s
sole discretion, that Franchisee’s underground Facilities must be removed in order to eliminate
or prevent a hazardous condition, Franchisee shall remove such Facilities at Franchisee’s sole
cost and expense. Franchisee must apply and receive a permit, pursuant to Section VIII.2, prior
to any such removal of underground Facilities from the Right-of-Way and must provide as-built
plans and maps pursuant to Section XVII.1.
Section VI.3 The provisions of this Section VI shall survive the expiration, revocation, or
termination of this Franchise. Nothing in this Section VI shall be construed as requiring the City
to pay any costs of undergrounding any of the Franchisee’s Facilities.
Section VII. Maps and Records.
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Section VII.1 Following the initial construction and installation of Facilities, Franchisee
shall provide the City with accurate copies of as-built plans and maps prepared by Franchisee’s
design and installation contractors. These plans and maps shall be provided at no cost to the
City, and shall include hard copies and digital files in Autocad or other industry standard
readable formats that are acceptable to the City and delivered electronically. Further,
Franchisee shall provide such maps within thirty (30) days following a request from the City.
Franchisee shall warrant the accuracy of all plans, maps and as-builts provided to the City.
Section VII.2 Within thirty (30) days of a written request from the Community and
Economic Development Administrator or designee, Franchisee shall furnish the City with
information sufficient to demonstrate: 1) that the Franchisee has complied with all applicable
requirements of this Franchise; and 2) that all utility taxes due the City in connection with the
Franchisee’s services and Facilities provided by the Franchisee have been properly collected
and paid by the Franchisee.
Section VII.3 All books, records, maps, and other documents maintained by Franchisee
with respect to its Facilities within the Rights-of-Way shall be made available for inspection by
the City at reasonable times and intervals; provided, however, that nothing in this Section VII.3
shall be construed to require Franchisee to violate state or federal law regarding customer
privacy, nor shall this Section VII.3 be construed to require Franchisee to disclose proprietary or
confidential information without adequate safeguards for its confidential or proprietary nature.
Section VII.4 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose
such information that is required under applicable law to comply with a utility tax audit.
Franchisee shall be responsible for clearly and conspicuously identifying the work as
confidential or proprietary, and shall provide a brief written explanation as to why such
information is confidential and how it may be treated as such under State or federal law. In the
event that the City receives a public records request under Chapter 42.56 RCW or similar law
for the disclosure of information Franchisee has designated as confidential, trade secret, or
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proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee
can take appropriate steps to protect its interests.
Section VII.5 Nothing in Section VII.3 or Section VII.4 prohibits the City from complying
with Chapter 42.56 RCW or any other applicable law or court order requiring the release of
public records, and the City shall not be liable to Franchisee for compliance with any law or
court order requiring the release of public records. The City shall comply with any injunction or
court order obtained by Franchisee that prohibits the disclosure of any such confidential
records; however, in the event a higher court overturns such injunction or court order and such
higher court action is or has become final and non-appealable, Franchisee shall reimburse the
City for any fines or penalties imposed for failure to disclose such records as required
hereunder within sixty (60) days of a request from the City.
Section VII.6 On an annual basis, upon thirty (30) days prior written notice, the City shall
have the right to conduct an independent audit of Franchisee’s records reasonably related to
the administration or enforcement of this Franchise, in accordance with GAAP.
Section VIII. Work in the Rights-of-Way
Section VIII.1 During any period of relocation, construction or maintenance, all work
performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike
manner, so to minimize interference with the free passage of traffic and the free use of
adjoining property, whether public or private. Franchisee shall at all times post and maintain
proper barricades, flags, flaggers, lights, flares and other traffic control measures as required
for the safety of all members of the general public and comply with all applicable safety
regulations during such period of construction as required by the ordinances of the City or the
laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety
systems. The provisions of this Section VIII shall survive the expiration or termination of this
Franchise and during such time as Franchisee continues to have Facilities in the Rights-of-Way.
Section VIII.2 Whenever Franchisee shall commence work in any Rights-of-Way for the
purpose of excavation, installation, construction, repair, maintenance, or relocation of its
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Facilities, it shall apply to the City for a right-of-way use permit to do so and, in addition, shall
give the City at least twenty (20) working days prior notice (except in the case of an emergency)
of its intent to commence work in the Rights-of-Way. During the progress of the work, the
Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights-of-Way, and
all work by the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications and warranted for a period of two (2) years. In no case shall any
work commence within any Rights-of-Way without a permit, except as otherwise provided in
this Franchise.
Section VIII.3 The City reserves the right to limit or exclude Franchisee’s access to a
specific route, Right-of-Way or other location when, in the reasonable judgment of the
Community and Economic Development Administrator or designee there is inadequate space
(including but not limited to compliance with ADA clearance requirements and maintaining a
clear and safe passage through the Rights-of-Way), a pavement cutting moratorium,
unnecessary damage to public property, public expense, inconvenience, interference with City
utilities, or for any other reason determined by the Community and Economic Development
Administrator or designee.
Section VIII.4 If the Franchisee shall at any time plan to make excavations in any area
covered by this Franchise, the Franchisee shall afford the City, upon receipt of a written request
to do so, an opportunity to share such excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee causing the
excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section VIII.5 Except for emergency situations, as a courtesy, Franchisee shall give
reasonable advance written (e.g., door hanger or direct mail) notice of intended construction to
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residents within one hundred feet (100’) of the affected area. Such notice shall contain the
Franchisee’s contact number, estimated dates, and nature and location of the work to be
performed. Any disturbance of landscaping, fencing, or other improvements on private
property caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly
repaired and restored to the reasonable satisfaction of the property owner/resident.
Notwithstanding the above, nothing herein shall give Franchisee the right to enter onto private
property without the permission of such private property owner, or as otherwise authorized by
applicable law.
Section VIII.6 Franchisee may trim trees upon and overhanging on public ways, streets,
alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section VIII.6
shall only apply to the extent necessary to protect above ground Facilities. Franchisee shall
ensure that its tree trimming activities protect the appearance, integrity, and health of the
trees to the extent reasonably possible. Franchisee shall be responsible for all debris removal
from such activities. All trimming, except in emergency situations, is to be done after the
explicit prior written notification and approval of the City and at the expense of Franchisee.
Franchisee may contract for such services; however, any firm or individual so retained must
first receive City approval prior to commencing such trimming, which approval shall not be
unreasonably withheld, conditioned, or delayed. Nothing herein grants Franchisee any
authority to act on behalf of the City, to enter upon any private property, or to trim any tree or
natural growth not owned by the City. Franchisee shall be solely responsible and liable for any
damage to any third parties’ trees or natural growth caused by Franchisee’s actions. Franchisee
shall indemnify, defend and hold harmless the City from third-party claims of any nature arising
out of any act or negligence of Franchisee with regard to tree and/or natural growth trimming,
damage, and/or removal. Franchisee shall reasonably compensate the City or the property
owner for any damage caused by trimming, damage, or removal by Franchisee. Except in an
emergency situation, any tree trimming that involves the removal of branches that are six
inches or greater in diameter must be performed under the direction of an arborist certified by
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the International Society of Arboriculture, unless otherwise approved by the Community and
Economic Development Administrator or designee.
Section VIII.7 Franchisee shall meet with the City and other franchise holders and users
of the Rights-of-Way upon written notice as determined by the City, to schedule and coordinate
construction in the Rights-of-Way. All construction locations, activities, and schedules shall be
coordinated, as ordered by the City to minimize public inconvenience, disruption or damages.
Section VIII.8 Franchisee shall inform the City with at least thirty (30) days’ advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights-of-
Way and provide the City with an opportunity to request that Franchisee provide the City with
additional duct or conduit and related structures necessary to access the conduit pursuant to
RCW 35.99.070.
Section IX. One Call Locator Service. Prior to doing any work in the Rights-of-Way, the
Franchisee shall, follow established procedures, including contacting the Utility Notification
Center in Washington and comply with all applicable State statutes regarding the One Call
Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the City or a third
party, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122
RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions
in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its
Facilities within the prescribed time limits and guidelines established by the One Call Locator
Service regardless of whether the City issued a permit.
Section X. Safety Requirements.
Section X.1 Franchisee shall, at all times, employ professional care and shall install and
maintain and use industry-standard methods for preventing failures and accidents that are
likely to cause damage, injuries, or nuisances to the public. All structures and all lines,
equipment, and connections in, over, under, and upon the Rights-of-Ways, wherever situated
or located, shall at all times be kept and maintained in a safe condition. Franchisee shall
comply with all federal, State, and City safety requirements, rules, regulations, laws, and
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practices, and employ all necessary devices as required by applicable law during the
construction, operation, maintenance, upgrade, repair, or removal of its Facilities. Additionally,
Franchisee shall keep its Facilities free of debris and anything of a dangerous, noxious or
offensive nature or which would create hazard or undue vibration, heat, noise or any
interference with City services. By way of illustration and not limitation, Franchisee shall also
comply with the applicable provisions of the National Electric Code, National Electrical Safety
Code, FCC regulations, and Occupational Safety and Health Administration (OSHA) Standards.
Upon reasonable notice to Franchisee, the City reserves the general right to inspect the
Facilities to evaluate if they are constructed and maintained in a safe condition.
Section X.2 If an unsafe condition or a violation of Section X.1 is found to exist, and
becomes known to the City, the City agrees to give Franchisee written notice of such condition
and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start
to make the necessary repairs and alterations within a reasonable time frame specified in such
notice (and pursue such cure to completion), but in no event less than forty-five (45) days, then
the City may make such repairs or contract for them to be made. All actual and documented
costs, including administrative costs, incurred by the City in repairing any unsafe conditions
shall be borne by Franchisee and reimbursed to the City pursuant to Section XIV.1 to XIV.4.
Section X.3 Additional safety standards include:
(a) Franchisee shall endeavor to maintain all Facilities in an orderly manner, including,
but not limited to, the placement of any cables connecting equipment in an orderly
manner.
(b) All installations of equipment, lines, and ancillary facilities shall be installed in
accordance with industry-standard engineering practices and shall comply with all
federal, State, and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights-of-Way or other public places made by
Franchisee in the course of its operations shall be protected by Franchisee at all times by
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the placement of adequate barriers, fences, steel plates, or boarding, the bounds of
which, during periods of dusk and darkness, shall be clearly marked and visible.
Section X.4 Stop Work Order. On notice from the City that any work is being performed
contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined
by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances,
or standards, the work may immediately be stopped by the City. The stop work order shall:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
(e) Establish conditions under which work may be resumed.
Section XI. Work of Contractors and Subcontractors. Franchisee’s contractors and
subcontractors shall be licensed and bonded in accordance with State law and the City’s
ordinances, regulations, and requirements. Work by contractors and subcontractors are
subject to the same restrictions, limitations, and conditions as if the work were performed by
Franchisee. Franchisee shall be responsible for all work performed by its contractors and
subcontractors and others performing work on its behalf as if the work were performed by
Franchisee and shall ensure that all such work is performed in compliance with this Franchise
and applicable law.
Section XII. Restoration after Construction.
Section XII.1 Franchisee shall, after installation, construction, relocation, maintenance,
or repair of its Facilities, or after abandonment approved pursuant to Error! Reference source
not found.7, promptly remove any obstructions from the Rights-of-Way and restore the surface
of the Rights-of-Way to at least the same condition the Rights-of-Way were in immediately
prior to any such installation, construction, relocation, maintenance or repair, reasonable wear
and tear excepted, and provided Franchisee shall not be responsible for any changes to the
Rights-of-Way not caused by Franchisee or anyone doing work for Franchisee. The Community
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and Economic Development Administrator or designee shall have final approval of the
condition of such Rights-of-Way after restoration. All concrete encased survey monuments
that have been disturbed or displaced by such work shall be restored pursuant to federal, state
(such as Chapter 332-120 WAC), and local standards and specifications.
Section XII.2 Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area at its
sole cost and expense and according to the time and terms specified in the construction permit
issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in
accordance with applicable City standards and warranted for a period of two (2) years and for
undiscovered defects as is standard and customary for this type of work.
Section XII.3 If conditions (e.g. weather) make the complete restoration required under
this Section XII impracticable, Franchisee shall temporarily restore the affected Right-of-Way or
property. Such temporary restoration shall be at Franchisee’s sole cost and expense.
Franchisee shall promptly undertake and complete the required permanent restoration when
conditions no longer make such permanent restoration impracticable.
Section XII.4 In the event Franchisee does not repair or restore a Right-of-Way as
required hereunder, within thirty (30) days after notice to Franchisee, the City may repair the
damage and shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to
Franchisee in accordance with the provisions of Section XIV.2 and Section XIV.3. In addition,
and pursuant to Section XIV.2 and Section XIV.3, the City may bill Franchisee for expenses
associated with the inspection of such restoration work. The failure by Franchisee to complete
such repairs shall be considered a breach of this Franchise and is subject to remedies by the City
including the imposition of damages consistent with Section XXI.2.
Section XII.5 The provisions of this Section XII shall survive the expiration or termination
of this Franchise so long as Franchisee continues to have Facilities in the Rights-of-Way and has
not completed all restoration to the City’s standards.
Section XIII. Emergency Work/Dangerous Conditions.
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Section XIII.1 In the event of any emergency in which any of Franchisee’s Facilities
located in the Rights-of-Way breaks, falls, becomes damaged, or if Franchisee’s Facilities is
otherwise in such a condition as to immediately endanger the property, life, health or safety of
any person, entity or the City, Franchisee shall immediately take the proper emergency
measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection
of property, life, health or safety of any person, entity or the City without first applying for and
obtaining a permit as required by this Franchise. However, this shall not relieve Franchisee
from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall
apply for all such permits not later than the next succeeding day during which the Renton City
Hall is open for business. The City retains the right and privilege to cut, move or remove any
Facilities located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate or useful in response to any public health or safety emergency.
Section XIII.2 The City shall not be liable for any damage to or loss of Facilities within
the Rights-of-Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on
behalf of the City, except to the extent caused by the sole negligence or willful misconduct of
the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee
for any direct, indirect, or any other such damages suffered by any person or entity of any type
as a direct or indirect result of the City’s actions under this Section XIII except to the extent
caused by the sole negligence or willful misconduct of the City, its employees, contractors, or
agents.
Section XIII.3 Whenever the construction, installation or excavation of Facilities
authorized by this Franchise has caused or contributed to a condition that appears to
substantially impair the lateral support of the adjoining street or public place, or endangers the
public, an adjoining public place, street, electrical or telecommunications utilities or City
property, the Community and Economic Development Administrator or designee, may direct
Franchisee, at Franchisee’s own expense, to take reasonable action to protect the public,
adjacent public places, City property or street utilities, and such action may include compliance
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within a prescribed time. In the event that Franchisee fails or refuses to promptly take the
actions directed by the City, or fails to fully comply with such directions, or if emergency
conditions exist which require immediate action, before the City can timely contact Franchisee
to request Franchisee effect the immediate repair, the City may access the Facilities and take
such reasonable actions as are necessary to protect the public, the adjacent streets, or street,
electrical, or telecommunications utilities, or to maintain the lateral support thereof, or
reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to
the City for the actual and documented costs thereof.
Section XIV. Recovery of Costs, Taxes and Fees.
Section XIV.1 Franchisee shall pay a fee for the actual administrative expenses incurred
by the City that are directly related to receiving and approving this Franchise pursuant to RCW
35.21.860, including the costs associated with the City’s legal costs incurred in drafting and
processing this Franchise. No permits shall be issued for the installation of authorized Facilities
until such time as the City has received payment of this fee. Franchisee shall further be subject
to all permit fees associated with activities undertaken through the authority granted in this
Franchise or under the laws of the City. Where the City incurs costs and expenses for review,
inspection, or supervision of activities, including but not limited to reasonable fees associated
with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority
granted in this Franchise or any ordinances relating to the subject for which a permit fee is not
established, Franchisee shall pay such costs and expenses directly to the City in accordance with
the provisions of Section XIV.3.
Section XIV.2 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section XIV.3 for any and all costs the City reasonably incurs in response to any
emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the
fault of the City. The City agrees to simultaneously seek reimbursement from any franchisee or
permit holder who caused or contributed to the emergency situation.
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Section XIV.3 Franchisee shall reimburse the City within sixty (60) days of submittal by
the City of an itemized billing for reasonably incurred costs, itemized by project, for
Franchisee’s proportionate share of all actual, identified expenses incurred by the City in
planning, constructing, installing, repairing, altering, or maintaining any City facility as the result
of the presence of Franchisee’s Facilities in the Rights-of-Way. Such costs and expenses shall
include but not be limited to Franchisee’s proportionate cost of City personnel assigned to
oversee or engage in any work in the Rights-of-Way as the result of the presence of
Franchisee’s Facilities in the Rights-of-Way. Such costs and expenses shall also include
Franchisee’s proportionate share of any time spent reviewing construction plans in order to
either accomplish the relocation of Franchisee’s Facilities or the routing or rerouting of any
utilities so as not to interfere with Franchisee’s Facilities.
Section XIV.4 The time of City employees shall be charged at their respective rate of
salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs
will be billed proportionately on an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
reimbursement. A charge for the actual costs incurred in preparing the billing may also be
included in said billing. At the City’s option, the billing may be on an annual basis, but the City
shall provide the Franchisee with the City’s itemization of costs, in writing, at the conclusion of
each project for information purposes. The City does not waive any right to charge an annual
fee by separate permit or agreement for every small cell that is located on a City asset. (Refer
to the City’s Fee Schedule for the applicable fee.)
Section XIV.5 Franchisee hereby warrants that its operations as authorized under this
Franchise are those of a telephone business as defined in RCW 82.16.010, or service provider as
defined in RCW 35.21.860. As a result, the City will not impose a franchise fee under the terms
of this Franchise, other than as described herein. The City hereby reserves its right to impose a
franchise fee on Franchisee if Franchisee’s operations as authorized by this Franchise change
such that the statutory prohibitions of RCW 35.21.860 no longer apply, or if statutory
prohibitions on the imposition of such fees are removed. In either instance, the City also
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reserves its right to require that Franchisee obtain a separate Franchise for its change in use.
Nothing contained herein shall preclude Franchisee from challenging any such new fee or
separate agreement under applicable federal, State, or local laws.
Section XIV.6 Franchisee acknowledges that certain of its operations within the City
constitute a telecommunication business subject to the utility tax imposed pursuant to the
Renton Municipal Code Chapter 5-11. Franchisee stipulates and agrees that certain of its
business activities are subject to taxation as a telecommunication business and that Franchisee
shall pay to the City the rate applicable to such taxable services under Renton Municipal Code
Chapter 5-19, and consistent with state and federal law. The parties agree that if there is a
dispute regarding tax payments, the process set forth under the Renton Municipal Code shall
govern such dispute. The City may not enforce remedies provided for hereunder, or commence
a forfeiture or revocation process permitted hereunder until all remedies afforded the City
under the Renton Municipal Code or other judicial action have been exhausted, and only then if
Franchisee does not comply with any such resolution. The parties agree however, that nothing
in this Franchise shall limit the City's power of taxation as may exist now or as later imposed by
the City. This provision does not limit the City's power to amend the Renton Municipal Code as
may be permitted by law.
Section XV. Permitting and Aesthetics.
Section XV.1 Authority
Section XV.1.1 City Retains Approval Authority. The City shall have the authority at all
times to control by appropriately exercised police powers through ordinance or
regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the
State of Washington, the location, elevation, manner of construction, and maintenance
of any Small Cell Facilities by Franchisee, and Franchisee shall promptly conform with all
such requirements, unless compliance would cause Franchisee to violate other
requirements of law. This Franchise does not prohibit the City from exercising its rights
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under federal, state or local law to deny or give conditional approval to an application
for a permit to construct any individual Small Cell Facility.
Section XV.1.2 Unauthorized Facilities. Any Small Cell Facilities installations in the
Right-of-Way that were not authorized under this Franchise or other required City
Approval (“Unauthorized Facilities”) will be subject to the payment of an Unauthorized
Facilities charge by Franchisee. City shall provide written notice to Franchisee of any
Unauthorized Facilities identified by City staff and Franchisee shall have thirty (30) days
thereafter in which to establish that this site was authorized or obtain the applicable
permit. Or longer than thirty (30) days if necessary upon the City’s consent so long as
Franchisee can demonstrate that it has taken active steps to establish the authorization
or apply for the permit within such thirty (30) day period. Failure to establish that the
site is authorized will result in the imposition of an Unauthorized Facilities charge
according to the City of Renton Fee Schedule starting on the thirty-first (31st) day or the
first day after the expiration of any extended period granted by the City. Franchisee
may submit an application to the City under this Franchise for approval of the
Unauthorized Facilities. If the application for the Unauthorized Facilities is not
approved, Franchisee shall remove the Unauthorized Facilities from the Right-of-Way
within thirty (30) days after the expiration of all appeal periods for such denial. The City
shall not refund any Unauthorized Facilities charges, unless Franchisee is successful in
an appeal. This Franchise remedy is in addition to any other remedy available to the City
at law or equity.
Section XV.2 Permits
Section XV.2.1 Small Cell Permit. Franchisee shall apply for, and is required to obtain a
City small cell permit (“Small Cell Permit”) prior to the construction and installation of
each of its Small Cell Facilities in the Rights-of-Way. In addition to applicable
requirements established by the City’s Codes for the Small Cell Permit, an application for
the deployment of Small Cell Facilities shall include:
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(a) A site plan that includes the property lines, adjacent Rights-of-Way, private
roads, existing utilities, and existing and proposed structures. The City may
require the site plan to include all poles within 100 feet, if necessary. Maps shall
be drawn at 1:20 scale;
(b) Scaled elevations depicting the design, size, and locations of proposed
Small Cell Facilities. The design of the proposed Small Cell Facilities shall comply
with the requirements of Section XV.3 (Design);
(c) Photo simulations of the Small Cell Facility site showing current and
proposed conditions for each proposed location;
(d) A tree plan, shown either on the site plan required in this Section XV.2.1
or on a separate tree plan, but only for those Small Cell Facilities where
Franchisee will prune any trees. The tree plan shall show the location, diameter,
species of all significant trees (defined as conifers greater than 6 feet tall or
deciduous trees greater than 6 inches in diameter at 4 ½ feet above the ground),
clearly designate all eagle perch/nest trees, and draw an X through trees
proposed to be removed or pruned. No trees may be pruned without the City’s
approval provided in the Small Cell Permit, and shall be consistent with the
requirements of Section VIII.6 of this Franchise; and,
(e) Site Specific Traffic Control Plan prepared in accordance with the State of
Washington Manual on Uniform Traffic Control Devices (MUTCD).
Section XV.2.2 City Approvals. The granting of this Franchise is not a substitute for any
City Approvals. The parties agree that City Approvals (except right-of-way use permits
as described in Section VIII.2) are not considered use permits as that term is defined in
RCW 35.99.010. These City Approvals do not grant general authorization to enter and
utilize the Rights-of-Way but rather grant Franchisee permission to build its specific
Small Cell Facilities. Therefore, City Approvals are not subject to the thirty (30) day
issuance requirement described in RCW 35.99.030. The parties recognize that this
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provision is specifically negotiated as consideration for designating the entire City as the
Franchise Area. Such City Approvals shall be issued consistent with the City’s Codes,
state and federal laws governing wireless communication facility siting and shall be in
addition to any permits required under Section VIII.2. This Section does not affect the
thirty (30) day issuance requirement described in RCW 35.99.030 required for use
permits such as right-of-way use permits and traffic control permits.
Section XV.2.3 RF Exposure Compliance. Franchisee’s Small Cell Facilities must comply
with all standards and regulations of the Federal Communications Commission and any
other state or federal government agency with the authority to regulate exposure to
radio frequency (RF) emissions or Electromagnetic Fields (“EMFs”) on or off any poles or
structures in the right-of-way, including all applicable FCC standards, whether such RF or
EMF presence or exposure results from the Small Cell Facility along or from the
cumulative effect of the Small Cell Facility added to all other sources on or near the
specific pole or structure. Franchisee, or its representative, must provide to the City a
copy of the report (the “Emissions Report”) from a duly qualified engineer analyzing
whether RF and EMF emissions at the proposed Small Cell Facility locations would
comply with FCC standards. And, at the City’s written request, must conduct (at its own
cost and expense) on-site post-installation RF emissions testing in accordance with
applicable rules, and certify actual compliance with applicable RF emissions limits for
general population/uncontrolled RF exposure, and provide a copy of such post-
installation compliance report to the City.
Section 15.3 Design
Section XV.3.1 City’s Standard Detail. This Franchise adopts the City’s Standard Detail
117 – as it now exists or is hereafter amended, supplemented, and/or renumbered
(collectively, hereinafter “Standard Detail 117”) – as a pre-authorized design for the
Small Cell Facilities.
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Section XV.3.2 Order of Preference. This Franchise adopts the following order of
preference for the design of Small Cell Facilities:
(a) Small Cell Facilities meeting Standard Detail 117. No conditional use permit
is required to site Small Cell Facilities meeting Standard Detail 117; other City
Approvals may be required, in conformance with the City’s Codes.
(b) Upon Franchisee’s demonstration that the Section XV.3.2(a) design is not
technically feasible: On existing poles within the Right-of-Way, in conformance
with the City’s Codes.
(c) Upon Franchisee’s demonstration that the Section XV.3.2(a) and Section
XV.3.2 (b) designs are not technically feasible: On existing or proposed traffic
signals, provided that safety standards are met, and in conformance with the
City’s Codes.
Section XV.3.3 Existing Infrastructure: Master Lease Agreements and Site Specific
Agreements.
(a) Franchisee acknowledges and agrees that if Franchisee requests to place new
or replacement structures, as described in RCW 35.21.860, in the Rights-of-Way
or place Facilities on City-owned structures, which are not otherwise covered
under a master lease agreement with the City, then Franchisee may be required
to enter into a site specific agreement consistent with RCW 35.21.860 in order to
construct such Facilities in the Right-of-Way. Such agreements may require a site
specific charge payable to the City unless prohibited by law. The approval of a
site specific agreement is at the discretion of each of the parties thereto.
(b) This Section XV.3.3 does not place an affirmative obligation on the City to
allow the placement of new infrastructure on public property or in the Rights-of-
Way, nor does it relieve Franchisee from any provision of the City’s Codes
related to the siting of wireless facilities.
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(c) Replacement poles or structures are permissible provided that Franchisee
removes the old pole or structure promptly, but no more than thirty (30) days
after the installation of the replacement pole or structure.
Section XV.3.4 Concealment. Franchisee shall construct its Facilities consistent with the
applicable concealment or stealth requirements as described in the City’s Codes as the
same exist or are hereinafter amended, or in the applicable permit(s), lease, site specific
agreement or license agreement, in order to minimize the visual impact of such
Facilities.
Section XV.3.5 Light and Noise Requirements. Each Small Cell Facility must comply with
the City’s Codes’ requirements pertaining to light and noise.
Section XV.4 Eligible Facilities Requests. The parties acknowledge that it is the intent of
this Franchise to provide general authorization to use the Rights-of-Way for Small Cell Facilities.
The designs in a Small Cell Permit including the dimensions and number of antennas and
equipment boxes and the pole height are intended and stipulated to be concealment features
when considering whether a proposed modification is a substantial change under Section
6409(a) of the Spectrum Act, 47 U.S.C. 1455(a).
Section XV.5 Inventory. Franchisee shall maintain a current inventory of Small Cell
Facilities throughout the Term of this Franchise. Franchisee shall provide to City a copy of the
inventory report no later than one hundred eighty (180) days after the Effective Date of this
Franchise, and shall be updated within thirty (30) days of a reasonable request by the City. The
inventory report shall include GIS coordinates, date of installation, type of pole used for
installation, description/type of installation for each Small Cell Facility installation and
photographs taken before and after the installation of the Small Cell Facility and taken from the
public street. Small Cell Facilities that are considered Deactivated Facilities, as described in
Section XVII.1, shall be included in the inventory report and Franchisee shall provide the same
information as is provided for active installations as well as the date the Facilities were
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deactivated and the date the Deactivated Facilities were removed from the Right-of-Way. The
City shall compare the inventory report to its records to identify any discrepancies, and the
parties will work together in good faith to resolve any discrepancies. Franchisee is not required
to report on future inventory reports any Deactivated Facilities which were removed from the
Right-of-Way since the last reported inventory and may there after omit reference to the
Deactivated Facilities.
Section XV.6 Graffiti Abatement. As soon as practical, but not later than fourteen (14)
days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove
all graffiti on any of its Small Cell Facilities in which it is the owner of the pole or structure or on
the Small Cells Facilities themselves attached to a third party pole (i.e. graffiti on the shrouding
protecting the radios). The foregoing shall not relieve Franchisee from complying with any City
graffiti or visual blight ordinance or regulation.
Section XVI. Insurance.
Section XVI.1 Franchisee shall procure and maintain for so long as Franchisee has
Facilities in the Public Ways, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of rights, privileges and
authority granted to Franchisee. Franchisee shall require that every subcontractor maintain
substantially insurance coverage with reasonable and prudent policy limits as required of
Franchisee under the Franchise. Franchisee shall endeavor to require that every contractor
maintain substantially the same insurance coverage with substantially the same policy limits as
required of Franchisee, or otherwise reasonably approved by the City, while doing work
hereunder. Franchisee shall procure insurance from insurers with a current A.M. Best rating of
not less than A-. Franchisee shall provide a copy of a certificate of insurance and blanket
additional insured endorsement to the City for its inspection at the time of acceptance of this
Franchise, and such insurance certificate shall evidence a policy of insurance that includes:
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(a) Automobile Liability insurance with limits of $5,000,000 combined single limit per
occurrence for bodily injury and property damage;
(b) Commercial General Liability insurance, written on an occurrence basis with limits of
$5,000,000 per occurrence for bodily injury and property damage and $5,000,000
general aggregate including personal and advertising injury, contractual liability;
premises;-operations; independent contractors; products and completed operations;
and broad form property damage; explosion, collapse and underground (XCU);
(c) Workers’ Compensation coverage or qualified self-insurance as required by the
Industrial Insurance laws of the State of Washington; and
(d) Excess Umbrella liability policy with limits of $5,000,000 per occurrence and in the
aggregate.
Section XVI.2 Payment from a self-insured retention, if applicable, shall be the sole
responsibility of Franchisee. Franchisee may utilize any combination of primary and umbrella
excess liability insurance policies to satisfy the insurance policy limits required in Section XVI.
Section XVI.3 The insurance policies obtained by Franchisee, with the exception of
Workers’ Compensation and Employer’s Liability, shall include the City, its officers, officials,
employees, (“Additional Insureds”), as an additional insured with regard to activities performed
by or on behalf of Franchisee. The coverage shall contain no special limitations on the scope of
protection afforded to the Additional Insureds except of claims solely caused by the Additional
Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall
apply separately to each insured against whom a claim is made or suit is brought, except with
respect to the limits of the insurer’s liability. Franchisee shall provide to the City upon
acceptance a certificate of insurance and blanket additional insured endorsement. Receipt by
the City of any certificate showing less coverage than required is not a waiver of Franchisee’s
obligations to fulfill the requirements. Franchisee’s required insurance shall be primary
insurance with respect to the Additional Insureds. Any insurance maintained by the Additional
Insureds shall be in excess of Franchisee’s required insurance and shall not contribute with it.
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Section XVI.4 Upon receipt of notice from its insurer(s) Franchisee shall provide the City
with thirty (30) days’ prior written notice of any cancellation of any insurance policy, required
pursuant to this Section XVI if coverage is not replaced. Franchisee shall, prior to the effective
date of such cancellation, obtain replacement insurance policies meeting the requirements of
this Section XVI. Failure to provide the insurance cancellation notice and to furnish to the City
replacement insurance policies meeting the requirements of this Section XVI shall be
considered a material breach of this Franchise and subject to the City’s election of remedies
described in Section XXI below. Notwithstanding the cure period described in Section XXI.2, the
City may pursue its remedies immediately upon a failure to furnish replacement insurance.
Section XVI.5 Franchisee’s maintenance of insurance as required by this Section XVI
shall not be construed to limit the liability of Franchisee to the coverage provided by such
insurance, or otherwise limit the City’s recourse to any remedy available at law or equity.
Further, Franchisee’s maintenance of insurance policies required by this Franchise shall not be
construed to excuse unfaithful performance by Franchisee.
Section XVI.6 As of the Effective Date of This Franchise, Franchisee is not self-insured.
Should Franchisee wish to become self-insured at the levels outlined in this Franchise at a later
date, Franchisee shall comply with the following: (i) provide the City, upon request, a copy of
Franchisee or its parent’s most recent audited financial statements if such financial statements
are not otherwise publicly available; (ii) Franchisee or its parent company is responsible for all
payments within the self-insured retention; and (iii) Franchisee assumes all defense and
indemnity obligations as outlined in the indemnification terms of this Franchise.
Section XVII. Abandonment of Franchisee’s Telecommunications Network.
Section XVII.1 Where any Facilities or portions of Facilities are no longer needed and
their use is to be discontinued, the Franchisee shall immediately report such Facilities in writing
(“Deactivated Facilities”) to the Community and Economic Development Administrator or
designee. This notification is in addition to the inventory revisions addressed in Section XV.5
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Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days
and the site, pole or infrastructure restored to its pre-existing condition.
Section XVII.2 If Franchisee leases a structure from a landlord and such landlord later
abandons the structure, for example by building a replacement structure, Franchisee shall
remove or relocate its Facilities within ninety (90) days of such notification from the landlord at
no cost to the City and shall remove the pole if so required by the landlord.
Section XVII.3 Upon the expiration, termination, or revocation of the rights granted
under this Franchise, Franchisee shall remove all of its Facilities from the Rights-of-Way within
ninety (90) days of receiving written notice from the Community and Economic Development
Administrator or designee. The Facilities, in whole or in part, may not be abandoned by
Franchisee without written approval by the City. Any plan for abandonment or removal of
Franchisee’s Facilities must be first approved by the Community and Economic Development
Administrator or designee, and all necessary permits must be obtained prior to such work.
Franchisee shall restore the Rights-of-Way to at least the same condition the Rights-of-Way
were in immediately prior to any such installation, construction, relocation, maintenance or
repair, reasonable wear and tear excepted, provided Franchisee shall not be responsible for any
damages to the Rights-of-Way not caused by Franchisee or any person doing work for
Franchisee. All work performed within the Rights-of-Way shall be performed in accordance with
the City’s Codes. Franchisee shall be solely responsible for all costs associated with removing
its Facilities.
Section XVII.4 Notwithstanding Section XVII.1 above, the City may permit Franchisee’s
Facilities to be abandoned in place in such a manner as the City may prescribe. Upon
permanent abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to
the City, Franchisee shall submit to the City a proposal and instruments for transferring
ownership to the City.
Section XVII.5 Any Facilities that are not removed within one hundred and eighty (180)
days of either the date (i) of termination or revocation of this Franchise, or (ii) the City issued a
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permit authorizing removal, whichever is later, shall automatically become the property of the
City. Any costs incurred by the City in safeguarding such Facilities or removing the Facilities
shall be reimbursed by Franchisee. Nothing contained within this Section XVII shall prevent the
City from compelling Franchisee to remove any such Facilities through judicial action when the
City has not permitted Franchisee to abandon said Facilities in place.
Section XVII.6 The provisions of this Section XVII shall survive the expiration, revocation,
or termination of this Franchise and for so long as Franchisee has Facilities in Rights-of-Way.
Section XVIII. Bonds.
Section XVIII.1 Franchisee shall furnish a performance bond (“Performance Bond”)
written by a corporate surety reasonably acceptable to the City equal to at least 150% of the
estimated cost of constructing Franchisee’s Facilities, excluding materials, within the Rights-of-
Way of the City prior to commencement of any such work. The Performance Bond shall
guarantee the following: (1) timely completion of construction; (2) construction in compliance
with all applicable plans, permits, technical codes, and standards; (3) proper location of the
Facilities as specified by the City; (4) restoration of the Rights-of-Way and other City properties
affected by the construction; (5) submission of as-built drawings after completion of
construction; and (6) timely payment and satisfaction of all claims, demands, or liens for labor,
materials, or services provided in connection with the work which could be asserted against the
City or City property. Said bond must remain in full force until the completion of construction,
including final inspection, corrections, and final approval of the work, recording of all
easements, provision of as-built drawings, and the posting of a Maintenance Bond as described
in Section XVIII.2. Compliance with the Performance Bond requirement of the City’s Codes shall
satisfy the provisions of this Section XVIII.1. In lieu of a separate Performance Bond for
individual projects involving work in the Franchise Area, Franchisee may satisfy the City’s bond
requirements by posting a single on-going performance bond in an amount approved by the
City.
Section XVII.2 Maintenance Bond. Maintenance Bond. Franchisee shall furnish a two
(2) year maintenance bond (“Maintenance Bond”), or other surety acceptable to the City, at the
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time of final acceptance of construction work on Facilities within the Rights-of-Way. The
Maintenance Bond amount will be equal to ten percent (10%) of the documented final cost of
the construction work. The Maintenance Bond in this Section XVIII.2 must be in place prior to
City’s release of the bond required by Section XVIII.1. Compliance with the Maintenance Bond
requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.2. In lieu of a
separate Maintenance Bond for individual projects involving work in the Franchise Area,
Franchisee may satisfy the City’s bond requirements by posting a single on-going maintenance
bond in an amount approved by City.
Section XVIII.3 Franchise Bond. Franchisee shall provide City with a bond in the amount
of Fifty Thousand Dollars ($50,000.00) (“Franchise Bond”) running or renewable for the term of
this Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee
shall fail to substantially comply with any one or more of the provisions of this Franchise
following notice and a reasonable opportunity to cure, then there shall be recovered jointly and
severally from Franchisee and the bond any actual damages suffered by City as a result thereof,
including but not limited to staff time, material and equipment costs, compensation or
indemnification of third parties, and the cost of removal or abandonment of facilities
hereinabove described. Franchisee specifically agrees that its failure to comply with the terms
of this Section XVIII.3 shall constitute a material breach of this Franchise. The amount of the
bond shall not be construed to limit Franchisee's liability or to limit the City's recourse to any
remedy to which the City is otherwise entitled at law or in equity.
Section XIX. Modification. The City and Franchisee hereby reserve the right to alter, amend, or
modify the terms and conditions of this Franchise upon written agreement of both parties to
such alteration, amendment or modification.
Section XX. Revocation. If Franchisee willfully violates or fails to comply with any material
provisions of this Franchise, then at the election of the Renton City Council after at least thirty
(30) days written notice to Franchisee specifying the alleged violation or failure, the City may
revoke all rights conferred and this Franchise may be revoked by the City Council after a hearing
held upon such notice to Franchisee. Such hearing shall be open to the public and Franchisee
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and other interested parties may offer written and/or oral evidence explaining or mitigating
such alleged noncompliance. Within thirty (30) days after the hearing, the Renton City Council,
on the basis of the record, will make the determination as to whether there is cause for
revocation, whether the Franchise will be terminated, or whether lesser sanctions should
otherwise be imposed. The Renton City Council may in its sole discretion fix an additional time
period to cure violations. If the deficiency has not been cured at the expiration of any
additional time period or if the Renton City Council does not grant any additional period, the
Renton City Council may by resolution declare the Franchise to be revoked and forfeited or
impose lesser sanctions. If Franchisee appeals revocation and termination, such revocation
may be held in abeyance pending judicial review by a court of competent jurisdiction, provided
Franchisee is otherwise in compliance with the Franchise.
Section XXI. Remedies to Enforce Compliance.
Section XXI.1 The City may elect, without any prejudice to any of its other legal rights
and remedies, to obtain an order from the superior court having jurisdiction compelling
Franchisee to comply with the provisions of the Franchise and to recover damages and costs
incurred by the City by reason of Franchisee’s failure to comply. In addition to any other
remedy provided herein, the City reserves the right to pursue any remedy to compel or force
Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit
of any right or remedy by the City shall not prevent the City from thereafter declaring a
forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering
into this Franchise, it is not the intention of the City or Franchisee to waive any other rights,
remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing
contained here shall be deemed or construed to effect any such waiver.
Section XXI.2 If Franchisee shall violate, or fail to comply with any of the provisions of
this Franchise, or should it fail to heed or comply with any notice given to Franchisee under the
provisions of this Franchise, the City shall provide Franchisee with written notice specifying with
reasonable particularity the nature of any such breach and Franchisee shall undertake all
commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
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notification. If the parties reasonably determine the breach cannot be cured within (30) thirty
days, the City may specify a longer cure period, and condition the extension of time on
Franchisee's submittal of a plan to cure the breach within the specified period, commencement
of work within the original thirty (30) day cure period, and diligent prosecution of the work to
completion. If the breach is not cured within the specified time, or Franchisee does not comply
with the specified conditions, the City may, at its discretion, (1) revoke this Franchise with no
further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day
against the Franchise Bond set forth in Section XVIII.3, or (3) pursue other remedies as
described in Section XXI.1 above. Liquidated damages described in this Section XXI.2 shall not
be offset against any sums due to the City as a tax or reimbursement pursuant to Section XIV.
Section XXII. Non-Waiver. The failure of the City to insist upon strict performance of any of the
covenants and agreements of this Franchise or to exercise any option herein conferred in any
one or more instances, shall not be construed to be a waiver or relinquishment of any such
covenants, agreements or option or any other covenants, agreements or option.
Section XXIII. City Ordinances and Regulations. Nothing herein shall be deemed to restrict the
City’s ability to adopt and enforce all necessary and appropriate ordinances regulating the
performance of the conditions of this Franchise, including any valid ordinance made in the
exercise of its police powers in the interest of public safety and for the welfare of the public.
The City shall have the authority at all times to reasonably control by appropriate regulations
the location, elevation, manner of construction and maintenance of Facilities by Franchisee,
and Franchisee shall promptly conform with all such regulations, unless compliance would
cause Franchisee to violate other requirements of law. In the event of a conflict between the
provisions of this Franchise and any other generally applicable ordinance(s) enacted under the
City’s police power authority, such other ordinances(s) shall take precedence over the
provisions set forth herein.
Section XXIV. Cost of Publication. The cost of publication of this Franchise shall be borne by
Franchisee, if applicable.
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Section XV. Acceptance. Franchisee shall execute and return to the City its execution and
acceptance of this Franchise in the form attached hereto as Exhibit B. In addition, Franchisee
shall submit proof of insurance obtained and additional insured endorsement pursuant to
Section XVI, any Performance Bond, if applicable, pursuant to Section XVIII.1 and the Franchise
Bond required pursuant to Section XVIII.3. The administrative fee pursuant to Section XIV.1 is
due within thirty (30) days of receipt of the invoice from the City.
Section XXVI. Survival. All of the provisions, conditions, and requirements of Section V, Section
VI, Section VIII, Section XXII, Section XVII, Section XXVI, Section XXVII.3, Sections XXXVIII.1
through XXXVIII.5, and Section XXXVIII.9 of this Franchise shall be in addition to any and all
other obligations and liabilities Franchisee may have to the City at common law, by statute, or
by contract, and shall survive the City’s Franchise to Franchisee for the use of the Franchise
Area, and any renewals or extensions thereof, or as otherwise provided herein. All of the
provisions, conditions, regulations and requirements contained in this Franchise shall further be
binding upon the heirs, successors, executors, administrators, legal representatives and assigns
of Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure
to its heirs, successors and assigns equally as if they were specifically mentioned where
Franchisee is named herein.
Section XXVII. Assignment.
Section XXVII.1 This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law
or otherwise, unless approved in writing by the City, which approval shall not be unreasonably
withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign
this Franchise in whole or in part to a parent, subsidiary, or affiliated entity, unless there is a
change of control as described in Section XXVII.2 below, or for collateral security purposes.
Franchisee shall provide prompt, written notice to the City of any such assignment. In the case
of transfer or assignment as security by mortgage or other security instrument in whole or in
part to secure indebtedness, such consent shall not be required unless and until the secured
party elects to realize upon the collateral. For purposes of this Section XXVII, no assignment or
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transfer of this Franchise shall be deemed to occur based on the public trading of Franchisee’s
stock; provided, however, any tender offer, merger, or similar transaction resulting in a change
of control shall be subject to the provisions of this Franchise.
Section XXVII.2 Any transactions that singularly or collectively result in a change of
more than fifty percent (50%) of the ultimate ownership or working control of Franchisee,
ownership or working control of the Facilities, ownership or working control of affiliated
entities having ownership or working control of Franchisee or of the Facilities, or of control of
the capacity or bandwidth of Franchisee’s Facilities, shall be considered an assignment or
transfer requiring City approval. Transactions between affiliated entities are not exempt from
City approval if there is a change in control as described in the preceding sentence. Franchisee
shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by
any other party of control of Franchisee. Every change, transfer, or acquisition of control of
Franchisee shall cause a review of the proposed transfer. The City shall approve or deny such
request for an assignment or transfer requiring City’s consent within one-hundred twenty (120)
days of a completed application from Franchisee, unless a longer period of time is mutually
agreed to by the parties or when a delay in the action taken by the City is due to the schedule
of the City Council and action cannot reasonably be obtained within the one hundred twenty
(120) day period. In the event that the City adopts a resolution denying its consent and such
change, transfer, or acquisition of control has been affected, the City may revoke this Franchise,
following the revocation procedure described in Section XX above. The assignee or transferee
must have the legal, technical, financial, and other requisite qualifications to own, hold, and
operate Franchisee’s Services. Franchisee shall reimburse the City for all direct and indirect
costs and expenses reasonably incurred by the City in considering a request to transfer or
assign this Franchise, in accordance with the provisions of Section XIV.2 and Section XIV.3, and
shall pay the applicable application fee.
Section XXVII.3 Franchisee may, without prior consent from the City: (i) lease the
Facilities, or any portion, to another person; (ii) grant an indefeasible right of user interest in
the Facilities, or any portion, to another person; or (iii) offer to provide capacity or bandwidth in
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its Facilities to another person, provided further, that Franchisee shall at all times retain
exclusive control over its Facilities and remain fully responsible for compliance with the terms
of this Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such
lease or agreement, provided that Franchisee may redact the name, street address (except for
City and zip code), Social Security Numbers, Employer Identification Numbers or similar
identifying information, and other information considered confidential under applicable laws
provided in such lease or agreement, and the lessee complies, to the extent applicable, with the
requirements of this Franchise and applicable City requirements. Franchisee’s obligation to
remain fully responsible for compliance with the terms under this Section XXVII.3 shall survive
the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still
the owner or has exclusive control over the Facilities used by a third party.
Section XXVIII. Extension. If this Franchise expires without renewal, the City may, subject to
applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month-to-month basis,
provided that Franchisee maintains insurance for such Facilities during such period and
continues to comply with this Franchise; or
(b) The City may order the removal of any and all Facilities at Franchisee’s sole cost and
expense consistent with Section XVII.
Section XXIX. Entire Agreement. This Franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution of this
Franchise.
Section XXX. Eminent Domain. The existence of this Franchise shall not preclude the City from
acquiring by condemnation in accordance with applicable law, all or a portion of the
Franchisee’s Facilities for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the area conferred by this
Franchise.
AGENDA ITEM #7. c)
ORDINANCE NO. ________
40
Section XXXI. Vacation. If at any time the City, by ordinance, vacates all or any portion of the
area affected by this Franchise, the City shall not be liable for any damages or loss to the
Franchisee by reason of such vacation. The City shall notify the Franchisee in writing not less
than ninety (90) days before vacating all or any portion of any such area. The City may, after
ninety (90) days written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
Section XXXII. Notice. Any Notice or information required or permitted to be given to the
parties under this Franchise agreement may be sent to the following addresses unless
otherwise specified:
City:
City of Renton
Attn: Administrator, Community &
Economic Development Department
1055 South Grady Way
Renton, WA 98057
With a copy to:
City of Renton
Attn: City Attorney
1055 South Grady Way
Renton, WA 98057
Franchisee:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Site No. City of Renton Small Cell Franchise Agreement (WA)
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept – Network Operations
Site No. City of Renton Small Cell Franchise Agreement (WA)
AGENDA ITEM #7. c)
ORDINANCE NO. ________
41
208 S. Akard Street
Dallas, TX 75202-4206
Section XXXIII. Severability. If any Section, sentence, clause or phrase of this Franchise should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other Section,
sentence, clause or phrase of this Franchise unless such invalidity or unconstitutionality
materially alters the rights, privileges, duties, or obligations hereunder, in which event either
party may request renegotiation of those remaining terms of this Franchise materially affected
by such court’s ruling.
Section XXXIV. Compliance with All Applicable Laws. Franchisee agrees to comply with all
present and future federal, state and local laws, ordinances, rules and regulations, except to the
extent that the Franchisee has a vested right in accordance with the vested rights doctrine
under Washington case law or as codified at RCW 19.27.095, including all City requirements
relating to the provisions of the State Environmental Policy Act (“SEPA”), unless otherwise
exempt. This Franchise is subject to ordinances of general applicability enacted pursuant to the
City’s police powers. Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair and in a manner suitable to the City. Additionally, Franchisee shall
keep its Facilities free of debris and anything of a dangerous, noxious or offensive nature or
which would create a hazard or undue vibration, heat, noise or any interference with City
services. In the event of a change in applicable law that materially affects any material term of
this Franchise, the rights or obligations of either party hereunder, or the ability of either party
to perform any material provision hereof, the parties shall renegotiate in good faith such
affected provisions with a view toward agreeing to acceptable new terms as may be required or
permitted as a result of such legislative, regulatory, judicial, or other legal action. If, after good
faith negotiations, the parties agree that resolution will not be reached, then either party may
initiate an appropriate action in any regulatory or judicial forum of competent jurisdiction.
Section XXXV. Attorneys’ Fees. If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
AGENDA ITEM #7. c)
ORDINANCE NO. ________
42
its costs and expenses, including such sum as the court may judge as reasonable for attorneys’
fees, costs, expenses and attorneys’ fees upon appeal of any judgment or ruling.
Section XXXVI. Hazardous Substances. Franchisee shall not introduce or use any hazardous
substances (chemical or waste), in violation of any applicable law or regulation, nor shall
Franchisee allow any of its agents, contractors or any person under its control to do the same.
Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and all
claims, costs and liabilities including reasonable attorneys’ fees and costs, arising out of or in
connection with the cleanup or restoration of the property associated with Franchisee’s use,
storage, release, or disposal of hazardous substances, whether or not intentional, and the use,
storage, release, or disposal of such substances by Franchisee’s agents, contractors or other
persons acting under Franchisee’s control, whether or not intentional.
Section XXXVII. Licenses, Fees and Taxes. Prior to constructing any improvements, Franchisee
shall obtain a business or utility license from the City. Franchisee shall pay promptly and before
they become delinquent, all taxes on personal property and improvements owned or placed by
Franchisee and shall pay all license fees and public utility charges relating to the conduct of its
business, shall pay for all permits, licenses and zoning approvals, shall pay any other applicable
tax unless documentation of exemption is provided to the City and shall pay utility taxes and
license fees imposed by the City.
Section XXXVIII. Miscellaneous.
Section XXXVIII.1 Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and
all claims, costs, judgments, awards, or liability to any person, for injury or death of any person,
or damage to property, caused by or arising out of any acts or omissions of Franchisee, its
agents, servants, officers, or employees in the performance of this Franchise and any rights
granted by this Franchise. These indemnification obligations shall extend to claims that are not
AGENDA ITEM #7. c)
ORDINANCE NO. ________
43
reduced to a suit and any claims that may be compromised, with Franchisee’s prior written
consent, prior to the culmination of any litigation or the institution of any litigation.
Section XXXVIII.2 Inspection or acceptance by the City of any work performed by
Franchisee at the time of completion of construction shall not be grounds for avoidance by
Franchisee of any of its indemnification obligations under this Franchise.
Section XXXVIII.3 The City shall promptly notify Franchisee of any claim or suit and
request in writing that Franchisee indemnify the City. Franchisee may choose counsel to
defend the City subject to this Section XXXVIII.3. The City’s failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have, except
to the extent that such failure prejudices Franchisee’s ability to defend such claim or suit. In the
event that Franchisee refuses the tender of defense in any suit or any claim, as required
pursuant to the indemnification provisions within this Franchise, and said refusal is
subsequently determined by a court having jurisdiction (or such other tribunal that the parties
shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee,
Franchisee shall pay all of the City’s reasonable costs for defense of the action, including all
expert witness fees, costs, and attorney’s fees, and including costs and fees incurred in
recovering under this indemnification provision. If separate representation to fully protect the
interests of both parties is necessary, such as a conflict of interest between the City and the
counsel selected by Franchisee to represent the City, then upon the prior written approval and
consent of Franchisee, which shall not be unreasonably withheld, the City shall have the right to
employ separate counsel in any action or proceeding and to participate in the investigation and
defense thereof, and Franchisee shall pay the reasonable fees and expenses of such separate
counsel, except that Franchisee shall not be required to pay the fees and expenses of separate
counsel on behalf of the City for the City to bring or pursue any counterclaims or interpleader
action, equitable relief, restraining order or injunction. The City’s fees and expenses shall
include all out-of-pocket expenses, such as consultants and expert witness fees, and shall also
include the reasonable value of any services rendered by the counsel retained by the City but
shall not include outside attorneys’ fees for services that are unnecessarily duplicative of
AGENDA ITEM #7. c)
ORDINANCE NO. ________
44
services provided the City by Franchisee. Each party agrees to cooperate and to cause its
employees and agents to cooperate with the other party in the defense of any such claim and
the relevant records of each party shall be available to the other party with respect to any such
defense.
Section XXXVIII.4 The obligations of Franchisee under the indemnification provisions of
Section XXXVIII and any other indemnification provision herein shall apply unless the damage or
injury arises from the sole negligence or willful misconduct of the City, its officers, agents,
employees, volunteers, or elected or appointed officials, or contractors. Notwithstanding the
preceding sentence, to the extent the provisions of RCW 4.24.115 are applicable, the parties
agree that the indemnity provisions hereunder shall be deemed amended to conform to said
statute and liability shall be allocated as provided therein. It is further specifically and expressly
understood that the indemnification provided constitutes Franchisee’s waiver of immunity
under Title 51 RCW, solely for the purposes of this indemnification, relating solely to indemnity
claims made by the City directly against the Franchisee for claims made against the City by
Franchisee’s employees. This waiver has been mutually negotiated by the parties.
Section XXXVIII.5 Notwithstanding any other provisions of Section XXXVIII, Franchisee
assumes the risk of damage to its Facilities located in the Public Ways and upon City-owned
property from activities conducted by the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors, except to the extent any such damage or
destruction is caused by or arises from any sole negligence, willful misconduct, or criminal
actions on the part of the City, its officers, agents, employees, volunteers, or elected or
appointed officials, or contractors. In no event shall either party be liable to the other for any
indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of
example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business
opportunity in connection with the performance or failure to perform under this Franchise.
The parties release and waive any and all such claims against the other, and their respective
officers, agents, employees, volunteers, or elected or appointed officials, or contractors, as
applicable. Franchisee further agrees to indemnify, hold harmless and defend the City against
AGENDA ITEM #7. c)
ORDINANCE NO. ________
45
any claims for damages, including, but not limited to, business interruption damages and lost
profits, brought by or under users of Franchisee’s Facilities as the result of any interruption of
service due to damage or destruction of Franchisee’s Facilities caused by or arising out of
activities conducted by the City, its officers, agents, employees or contractors, except to the
extent any such damage or destruction is caused by or arises from the sole negligence or any
willful misconduct on the part of the City, its officers, agents, employees, volunteers, or elected
or appointed officials, or contractors.
Section XXXVIII.6 The indemnification provisions of Sections XXXVIII.1 through XXXVIII.5
shall survive the expiration, revocation, or termination of this Franchise.
Section XXXVIII.7 Franchisee is solely responsible for determining whether its Small Cell
Facilities interfere with telecommunications facilities of utilities and other franchisees within
the Rights-of-Way. Franchisee shall comply with the rules and regulations of the Federal
Communications Commission regarding radio frequency interference when siting its Small Cell
Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights
and obligations under this Franchise shall not physically or technically interfere in any manner
with the existence and operation of any and all existing utilities, sanitary sewers, water mains,
storm drains, gas mains, poles, aerial and underground electrical and telephone wires,
electroliers, cable television, and other telecommunications, utility, or municipal property,
without the express written approval of the owner or owners of the affected property or
properties, except as expressly permitted by applicable law or this Franchise, and as long as
such equipment is operating in accordance with applicable laws and regulations.
Section XXXVIII.8 City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section XXXVIII.9 This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall be the United States
District Court for the Western District of Washington, or King County Superior Court.
AGENDA ITEM #7. c)
ORDINANCE NO. ________
46
Section XXXVIII.10 Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning or interpretation of
the text herein.
Section XXXVIII.11 Where the context so requires, the singular shall include the plural
and the plural includes the singular.
Section XXXVIII.12 Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged and
agreed that the City is making no representation, warranty or covenant whether any of the
foregoing approvals, authorizations or agreements are required or have been obtained by
Franchisee by any person or entity.
Section XXXVIII.13 This Franchise may be enforced at both law and equity.
Section XXXVIII.14 Franchisee acknowledges that it, and not the City, shall be
responsible for the premises and equipment’s compliance with all marking and lighting
requirements of the FAA and the FCC. Franchisee shall indemnify and hold the City harmless
from any fines or other liabilities caused by Franchisee’s failure to comply with such
requirements, except to the extent such failure is due to the actions or inactions of the City.
Should Franchisee or the City be cited by either the FCC or the FAA because the Facilities or the
Franchisee’s equipment is not in compliance and should Franchisee fail to cure the conditions
of noncompliance within the timeframe allowed by the citing agency, the City may either
terminate this Franchise immediately on notice to the Franchisee or proceed to cure the
conditions of noncompliance at the Franchisee’s expense.
Section XXXIX. Ordinance Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title (“Effective Date”).
AGENDA ITEM #7. c)
ORDINANCE NO. ________
47
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019.
____________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2019.
____________________________
Denis Law, Mayor
Approved as to form:
____________________________
Shane Moloney, City Attorney
Date of Publication: ___________
ORD:2094:10/10/19
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
AGENDA ITEM #7. c)
ORDINANCE NO. ________
48
SUMMARY OF ORDINANCE NO. (201_)
City of Renton, Washington
______________________________________________________________________________
On the ___ day of _______, 201__, the City Council of the City of Renton passed
Ordinance No. _____ (_______). A summary of the content of said Ordinance, consisting of the
title, is provided as follows:
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO NEW CINGULAR
WIRELESS PCS, LLC AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE,
AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR TEN YEARS, TO CONSTRUCT, MAINTAIN,
OPERATE, REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL
TECHNOLOGY, IN, ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN
DESIGNATED PUBLIC RIGHTS-OF-WAY OF THE CITY OF RENTON, WASHINGTON.
The full text of this Ordinance will be mailed upon request.
___________________________________
CITY CLERK
FILED WITH THE CITY CLERK: , 201_
PASSED BY THE CITY COUNCIL: _______, 201_
PUBLISHED: ______, 201_
EFFECTIVE DATE: , 201_
ORDINANCE NO.: (201_)
AGENDA ITEM #7. c)
49
EXHIBIT A
FRANCHISEE’S INITIAL DEPLOYMENT PLAN
Design of the small cell facilities will follow the City’s standard detail, as noted in Section XV.3 Design.
AGENDA ITEM #7. c)
50
EXHIBIT B
STATEMENT OF ACCEPTANCE
New Cingular Wireless PCS, LLC, for itself, its successors and assigns, hereby accepts and agrees
to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and
incorporated herein by this reference.
New Cingular Wireless PCS, LLC, a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: ____________________________________ Date: ______________________________
Name: ____________________
Title: ____________________
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 201_, before me the undersigned, a Notary Public in and
for the State of _________________, duly commissioned and sworn, personally appeared,
__________________ of AT&T Mobility Corporation, the company that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said company, for the uses and purposes therein mentioned, and on oath
stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
_____________________________________________
Signature
_____________________________________________
NOTARY PUBLIC in and for the State of __________________, residing at
________________________
MY COMMISSION EXPIRES: ______________________________
AGENDA ITEM #7. c)
AB - 2492
City Council Regular Meeting - 21 Oct 2019
SUBJECT/TITLE: Agreement with the Department of Ecology for the 2019-2021 Water
Quality Stormwater Capacity Grant Agreement No. WQSWCAP-1921-
Renton-00019
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Joe Farah, Surface Water Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The city is eligible to receive up to $50,000 in grant funding from the Department of Ecology’s Capacity Grant
Program. The Surface Water Utility has included in the 2019 -2020 mid-biennium budget adjustment a request
to appropriate the $50,000 capacity grant fund into the Utility’s operating expenditure account
(407.000000.018.531.32.64.010) and associated revenue account for use in meeting the requirements
associated with the Western Washington Phase II Municipal Stormwater Permit.
SUMMARY OF ACTION:
The Washington State Department of Ecology Capacity Grant Agreement will provide the city up to $50,000 in
non-matching grant funds to assist the Surface Water Utility in implementing the requirements associated
with the Western Washington Phase II Municipal Stormwater Permit. The activities eligible for this grant
funding include the implementation of:
1. Stormwater planning program.
2. Public education and outreach program.
3. Public involvement and participation program.
4. Storm sewer system mapping and documentation program.
5. Illicit discharge detection and elimination program.
6. Runoff control program.
7. Operations and maintenance program.
8. Source control program.
The grant is fully funded by the Washington State Department of Ecology and does not require a city match. Per the
agreement, incurred costs are eligible for reimbursement from July 1, 2019 through March 31, 2021.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the Water Quality Stormwater Capacity Grant Agreement No. WQSWCAP-
1921-Renton-00019 with the Department of Ecology for up to $50,000 in non-matching funds to assist the city in
complying with the requirements of the Western Washington Phase II Municipal Stormwater Permit.
AGENDA ITEM #7. d)
Agreement No. WQSWCAP-1921-Renton-00019
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter
referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out with the
provided funds activities described herein.
2019-2021 Biennial Stormwater Capacity Grants
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state
water bodies.
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01/2019
03/31/2021
Capacity Grant
AGENDA ITEM #7. d)
Page 2 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Renton
91-6001271
949697221
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
rstraka@rentonwa.gov
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 3 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
Kristina Lowthian
Civil Engineer II
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Authorized
Signatory
Kristina Lowthian
Civil Engineer II
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Billing Contact
Project Manager
Authorized
Signatory
Denis W Law
Mayor
1055 S. Grady Way
Renton, Washington 98057
Email: dlaw@rentonwa.gov
Phone: (425) 430-6500
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 4 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 5 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions
of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws,
statutes, rules, regulations, and guidelines mentioned in this Agreement . Furthermore, the RECIPIENT has read, understood,
and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or representations
other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Heather R. Bartlett
Mayor
Denis W Law
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 6 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $0.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement .
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and
two-page Outcome Summary Report. <br>
* Properly maintained project documentation.
Recipient Task Coordinator: Kristina Lowthian
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges, and changes in the project schedule. Submitted at least quarterly in
EAGL.
1.2 Recipient Closeout Report (EAGL Form).
1.3 Two-page draft and Final Outcome Summary Reports.
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 7 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $50,000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES)
permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge
Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable . The
following is a list of elements RECIPIENT’s project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges .
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development , redevelopment, and construction sites, including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort .
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or
facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring
funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior
to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement .
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck). Equipment
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 8 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
purchases over $5,000 must be pre-approved by Ecology.
Documentation of all tasks completed is required. Documentation may include: field reports, dates and number of inspections
conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed , summaries of
planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or
source control activities, summaries of how equipment purchases have increased or improved permit compliance. Capital
construction projects, incentives or give-a-ways, grant application preparation, TAPE review for proprietary treatment systems ,
or tasks that do not support Municipal Stormwater Permit implementation are not eligible expenses.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes ,
streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Recipient Task Coordinator: Kristina Lowthian
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 9 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
BUDGET
Funding Distribution EG200238
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Model Toxics Control Operating Account (MTCOA)
100%
Cap Grants-MTC Operating
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
1921 stormwater capacity
07/01/2019 03/31/2021
Grant
1921 stormwater capacity Task Total
Permit Implementation 50,000.00$
50,000.00$Total:
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AGENDA ITEM #7. d)
Page 10 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%50,000.00 50,000.000.000.001921 stormwater capacity
Total $$0.00 50,000.00 $50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for
debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification, they must provide an explanation as to why they cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
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AGENDA ITEM #7. d)
Page 11 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is
required to report the FFATA information for federally funded agreements , including the required DUNS number, at
www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to
the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
Template Version 10/30/2015
AGENDA ITEM #7. d)
Page 12 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 7-1-2019 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ."
(https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement .
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent
and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3.ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188,
Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all
products supplied under the agreement, providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic
documents intended for publishing on Ecology’s public web site .
4.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources .
The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural
artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project :
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor
Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act .
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing
any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
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Page 13 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
•Make the IDP readily available to anyone working at the project site .
•Discuss the IDP with staff and contractors working at the project site .
•Implement the IDP when cultural resources or human remains are found at the project site .
c)If any archeological or historic resources are found while conducting work under this Agreement :
•Immediately stop work and notify the ECOLOGY Program , the Department of Archaeology and Historic Preservation at
(360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement :
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, and then the
ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting cultural resources and human remains.
5.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT .
6.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT .
ECOLOGY must sign the Agreement before any payment requests can be submitted .
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure .
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests .
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk .
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9
form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof,
has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement ,
as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and
other reports required by this agreement. Failure to comply may result in delayed reimbursement.
8.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to
this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of
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AGENDA ITEM #7. d)
Page 14 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
Washington which affect wages and job safety .
b)RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to
conform to that statute or rule of law.
9.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor
affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award
all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion .
11.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a)RECIPIENT notifies the funding program of an appeal request .
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such
decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision
will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
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AGENDA ITEM #7. d)
Page 15 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the
dispute resolution procedure outlined above.
12.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004
(Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at:
http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data
collection files, map products, and all metadata and project documentation.
13.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that party's agents or employees arising out of this Agreement .
15.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other
party.
16.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award
of a subcontract hereunder.
17.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
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Page 16 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned
(WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to
take the following actions, when possible, in any procurement under this Agreement :
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation
by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and
women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate.
18.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g)
General Terms and Conditions.
19.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of
this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior
to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio
tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any
online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the
RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic
requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports .
c)RECIPIENT shall use ECOLOGY’s provided progress report format .
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through
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Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the
quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
21.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive,
and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to
use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ;
present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data
in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific
instructions with respect thereto in this Agreement .
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property
is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property .
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by
this Agreement.
g)Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment ,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition, purchase, or construction costs of such property.
22.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement .
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Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington ,
for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in
order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement .
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to
this end the provisions of this Agreement are declared to be severable .
25.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental
Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to
this provision.
26.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
27.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact
meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
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AGENDA ITEM #7. d)
Page 19 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced
packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY’s web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work .
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of
ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of
ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding
from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no
event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the agreement and any amendments .
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c)By Mutual Agreement
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AGENDA ITEM #7. d)
Page 20 of 20State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1921-Renton-00019
2019-2021 Biennial Stormwater Capacity Grants
City of Renton
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials
prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
29.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
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AGENDA ITEM #7. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
3‐10 OF THE RENTON MUNICIPAL CODE CLARIFYING THE AUTHORITY OF THE
RENTON MUNICIPAL COURT, CREATING A NEW FULL‐TIME JUDICIAL POSITION,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Renton Municipal Court was created pursuant to the authority granted by
Chapter 3.50 of the Revised Code of Washington and is subject to and has all powers authorized
thereby; and
WHEREAS, RCW 3.50.055 requires that any full‐time judicial position as well as additional
judicial positions that are in combination more than one‐half of a full‐time equivalent position be
filled by election; and
WHEREAS, the City’s current and projected caseloads necessitate creation of an
additional elected judicial position and RCW 3.50.070 authorizes the City Council to create such
additional elected position by ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Chapter 3‐10 of the Renton Municipal Code is amended as shown in Exhibit
A, which is attached and incorporated as if fully set forth herein.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
2
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2019.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2089:10/1/19
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
3
Exhibit A
CHAPTER 10
MUNICIPAL COURT
SECTION:
3‐10‐1: Establishment Of Municipal Court
3‐10‐2: Term, Qualifications, Appointment, Duties, Authority, and
Compensation Of Elected Judicial Positions Election, Term And
Qualifications Of Judge
3‐10‐3: Judges Pro Tem And Commissioners
3‐10‐4: Court Sessions
3‐10‐1 ESTABLISHMENT OF MUNICIPAL COURT:
There is hereby created and established the Municipal Court of the City of Renton
(“Municipal Court”), which shall have jurisdiction and exercise all powers vested
in the court by Chapter 3.50 RCW as it now exists or may hereafter be amended,
together with such other powers and jurisdiction as are generally conferred on
such courts in Washington, either by common law or express statute.
3‐10‐2 ELECTION, TERM, AND QUALIFICATIONS, APPOINTMENT, DUTIES,
AUTHORITY, AND COMPENSATION OF ELECTED JUDGE JUDICIAL POSITIONS:
A. Judicial Positions – Term and Qualifications: There shall be two (2) full‐time
judicial positions with regular terms filled by election of City of Renton voters.
Elections shall be made in same manner as other elected City positions with terms
of four (4) years commencing on January 1, 1986, and every four (4) years
thereafter. Judges filling such positions shall be a resident and lawfully registered
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
4
voter in King County, Washington, and an attorney admitted to practice law before
the courts of record of the state of Washington.
B. Appointment: Within thirty (30) days of the creation or vacancy of a judicial
position that is subject to election pursuant to RCW 3.50.055, the Mayor shall
appoint a judge to fill such position with an interim term commencing upon
appointment and terminating upon certification of the next regularly scheduled
judicial election. Upon certification of such election results, the position shall be
filled by the candidate elected to fill the position in the next full four (4)‐year term.
The Mayor’s appointment is subject to confirmation by the City Council.
C. Duties and Authority: Full‐time judges shall devote all of their professional
time to the elected or appointed office and shall not engage in the practice of law.
Before entering upon the duties of office, each judge shall take and subscribe to
the oath or affirmations required by RCW 3.50.097. The judges shall have the
authority and duty to perform the responsibilities conferred upon the positions in
accordance with the jurisdiction granted to the Municipal Court and all applicable
statutes, ordinances, court rules, and other standards regulating such judicial
positions. The Presiding Judge may by court rule or other lawful procedure
establish fines and penalties for civil infractions or other offenses so long as such
fines and penalties are within the range allowed for such fines and penalties by
ordinance, rule, or other law.
D. Presiding Judge: The full‐time judges shall select a Presiding Judge, which
may rotate or otherwise be changed pursuant to agreement of the judges. Absent
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
5
agreement, the judge with the longest term of service as a judge and/or judge pro
tem for the Municipal Court shall act as the Presiding Judge. If each judge has the
same length of service for the Municipal Court, the default Presiding Judge shall
be the judge holding the first numbered judicial position.
E. Compensation: Full‐time Judges shall receive a salary equal to ninety‐five
percent (95%) of the salary for a district court judge as set by the Washington State
Citizens’ Commission on Salaries for Elected Officials. The salary shall
automatically be adjusted on the effective date of the commission’s salary
schedule.
The Judge of the Municipal Court shall be elected to office for a term of four years
commencing on January 1, 1986, and every four years thereafter. Additional part‐
time judges may be appointed by the Judge of the Municipal Court.
3‐10‐3 JUDGES PRO TEM AND COMMISSIONERS:
A. The Presiding Judge shall may appoint Judges Pro Tem or commissioners
who shall act in the absence, disability or temporary disqualification of the regular
Municipal Court Judges, or the need for more additional judicial resources than
one judge. The Judges Pro Tem or Commissions shall be qualified to hold the
position of Judge of the Municipal Court.
B. Such Pro Tem Judges and Commissioners shall receive hourly
compensation for handling the calendar on any regular or special court day and
for any other judicial services assigned by the Presiding Judge. Such compensation
shall may be set by the Presiding judge based upon market rates for Pro Tem
AGENDA ITEM # 9. a)
ORDINANCE NO. ________
6
Judges so long as funds available for such compensation be are available for
expenditure as determined in the City budget.
C. The appointment authority provided in this Section does not apply to
regular full‐ or part‐time positions which are subject to election pursuant to RCW
35.50.055.
3‐11‐4 COURT SESSIONS:
The Municipal Court shall be open for regular session Monday through Friday of
each week, except City and judicial holidays. The time for operation of court and
administrative services on those days shall be established by the Presiding Judge.
The Presiding Judge shall have the authority to establish additional court dates, by
order of the Municipal Court, to provide effective and efficient administration of
justice. This Section shall not act as a limitation of actions of the Municipal Court
Judges regarding items such as telephonic approval of search warrants, issuance
of no contact orders, or determinations as to probable cause.
AGENDA ITEM # 9. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
2‐21‐4 OF THE RENTON MUNICIPAL CODE, BY UPDATING RENTON REGIONAL
FIRE AUTHORITY GOVERNING BOARD TERM LANGUAGE, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, to assure the City has three Council representatives serving on the Renton
Regional Fire Authority Governing Board without a gap between appointments, the regular terms
of appointed City Council representatives should have a starting date of January 1 and an ending
date of December 31;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 2‐21‐4 of the Renton Municipal Code is amended as follows:
2‐21‐4 TERMS OF APPOINTMENT – INITIAL TERM – REGULAR TERMS:
The initial term for the City’s members of the Renton Regional Fire Authority
governing board shall run from July 1, 2016, until the first City Council meeting in
January 2018. All subsequent The governing board representatives appointed
pursuant to RMC 2‐21‐3 shall serve two (2)‐year regular terms running shall run
for approximately two (2) years from January 1 of even numbered years through
December 31 of odd numbered years. starting from the time of appointment by
the City Council at its first January meeting in even numbered years and ending at
the first January meeting the following even numbered year.
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
2
SECTION III. All City Council appointed governing board representatives currently
serving the Renton Regional Fire Authority shall continue to serve in such capacity through
December 31, 2019, unless removed or otherwise replaced pursuant to Chapter 2‐21 RMC.
SECTION IV. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION V. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2019.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2019.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2088:9/24/19
AGENDA ITEM # 9. b)