HomeMy WebLinkAboutREGULAR COUNCIL - 09 Mar 2015 - Agenda - Pdf
AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
March 9, 2015
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.ADMINISTRATIVE REPORT
4.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
first comment period is limited to one-half hour. The second comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
5.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 3/2/2015. Council concur.
b. Community and Economic Development Department recommends appointing Katie Hunter,
General Manager of Hilton Garden Inn Seattle/Renton, to the Lodging Tax Advisory Committee.
Council concur.
c. Community Services Department recommends approval of a six-year Lease & Concession
Agreement transfer, from Barajas Arias, Inc. to Northwest Restaurant Experience, for the
RiverRock Restaurant located at the Maplewood Golf Course. Council concur.
d. Community Services department requests approval to waive picnic shelter fees in the amount of
$280 for the REACH Crop Hunger Walk event on 5/3/2015. Council concur.
e. Fire & Emergency Services Department reports that the 2015 Basic Life Support (BLS) annual
allocation of funds is $1,254,004 (City of Renton - $936,406; KCFD #25 - $107,241; and KCFD
#40 - $210,357). Information.
f. Public Works Division recommends approval of an agreement to accept $200,000 in grant funds
from King County Flood Control District for the construction of the Maplewood Creek Stormwater
Outfall Improvements Project. Council concur.
6.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.
7.RESOLUTIONS AND ORDINANCES
Page 1 of 72
Ordinance for second and final reading:
a. Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Regulations (1st
reading 3/2/2015)
8.NEW BUSINESS
(Includes Council Committee agenda topics; please visit rentonwa.gov for more information.)
9.AUDIENCE COMMENT
10.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
COUNCIL CHAMBERS
March 9, 2015
CANCELED
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY
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Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 72
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Appointment to Lodging Tax Advisory Committee
Meeting:
REGULAR COUNCIL - 09 Mar 2015
Exhibits:
None.
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Cliff Long, ext. 6591
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Resolution No. 3288 established the Renton Lodging Tax Advisory Committee and authorizes Council to
review the membership annually and fill any committee vacancies. Appointment of Katie Hunter,
General Manager of Hilton Garden Inn Seattle/Renton, is requested. Ms. Hunter fills a lodging
representative vacancy.
STAFF RECOMMENDATION:
Appoint Katie Hunter, General Manager of Hilton Garden Inn Seattle/Renton, to the Renton Lodging Tax
Advisory Committee, filling a lodging representative vacancy.
5b. - Community and Economic
Development Department recommends Page 3 of 72
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Barajas Arias, Inc. (RiverRock) Lease Transfer
Meeting:
REGULAR COUNCIL - 09 Mar 2015
Exhibits:
A. Draft Lease and Concession Agreement
B. Exhibits to the Lease/Agreement
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Kelly Beymer, Parks and Golf Course Director, ext.
6617
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $N/A
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Approve the transfer of the lease and concession agreement from Barajas Arias, Inc. (RiverRock
Restaurant located at the Maplewood Golf Course) to a new lease and concession agreement between
the City of Renton and Northwest Restaurant Experience for a six (6) year term (See Exhibits A & B;
Note: Exhibit D of the agreement, Concessionaire owned Kitchen Equipment, is in process of revisions).
The City was notified in November 2014 that the Barajas Arias, Inc. intended to sell the restaurant after
eight years in operations, and had identified a prospective buyer. Under the current concession
agreement the City has agreed to not unreasonably withhold assignment or transfer of the concession.
Staff, including the City Attorney, Finance and Information Services Administrator, Senior Finance
Analyst, and Parks and Golf Course Director, reviewed all requested information extensively from the
prospective buyers and are satisfied with the competency and solvency of their restaurant and business
experience. The City made minor revisions to the concession agreement to reflect current operations and
additional 'Financial Personal Guarantee' requirements. The proposed buyer has agreed to operate within
the concession agreement requirements.
Northwest Restaurant Experience will be utilizing all existing staff and has a solid transition plan in
place. This will minimize any disruption to business, will ensure the current revenue structure to
Maplewood Golf Course, and will appear nearly seamless to the customers. The proposed buyers are
enthusiastic, committed to developing a strong relationship with the City and the community and continuing
the high customer service standards.
STAFF RECOMMENDATION:
Approve the transfer of the Concession Agreement of the RiverRock Restaurant to Northwest
Restaurant Experience and authorize the Mayor and City Clerk to sign the agreement.
5c. - Community Services Department
recommends approval of a six-year Lease Page 4 of 72
1
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
THIS CONCESSION AGREEMENT (“Agreement”) is made between the City of
Renton, hereinafter referred to as “The City,” and Northwest Restaurant Experience, Inc.,
hereinafter referred to as “The Concessionaire.”
A. LEASE PREMISES AND GRANT OF CONCESSION
For and upon the conditions and provisions herein, the City hereby leases to the
Concessionaire the restaurant, lounge, kitchen, kitchen storage, office, a tent pad, and
related areas, banquet rooms, an office and patios adjoining the restaurant and banquet
facilities within the Maplewood Golf Course Clubhouse located on the north side of
Maple Valley Highway (SR 169) at approximately 130th Avenue S.E., a portion of the
City’s municipal golf course, which is legally described in Exhibit A attached hereto.
The rooms included within the lease are described as rooms 111, 111A, 112, 114,
114A, 114B, 115, 115A, 119, 120, 121, 122A through 122D, 123, 124, and 131 on the
floor plan prepared by Calvin Jordan and Associates for the Maplewood Golf Course
Clubhouse, which floor plan is incorporated herein by reference as Exhibit B. Said
rooms and adjoining patios, excluding fountains, are herein referred to as the
“Concession Premises”.
The Concessionaire shall occupy, manage and operate the Concession Premises as a
lounge, restaurant and banquet facility and shall also be entitled to access to and use of
the hallways and restrooms within the clubhouse for the benefit of its customers and
employees. The City further grants the Concessionaire the exclusive right and
privilege to sell food and beverage on the golf course and the driving range and shall
have the right of access to those facilities to operate vending machines, carts and other
means of selling food and beverage, provided that the Concessionaire’s operation does
not interfere with regular operation of the golf course and driving range.
The Concessionaire may use the lobby area to accommodate the Sunday Brunch. Any
decorating of the lobby area must have prior approval of the City, along with a plan as
to how any items will be attached. Such approval shall not be unreasonably withheld.
The Concessionaire shall be responsible for any damage to the lobby caused by the
attachment or removal of decorations or food service operations.
B. TERM
The term of this Agreement shall be for six (6) years commencing on March 1, 2015,
adjusted prior to signing. If Concessionaire has performed during this term, in a
manner acceptable to the City, the Concessionaire shall be given the option for an
additional six (6) year term. The City may determine, that due to changed conditions,
5c. - Community Services Department
recommends approval of a six-year Lease Page 5 of 72
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certain terms in this Agreement must be renegotiated for the extended term, but those
changes must be in writing and agreed to by Concessionaire.
C. CONSIDERATION
The Concessionaire shall provide to the City the following consideration:
1. Certain services to the public under terms of this Agreement.
2. Payment to the City of the following percentages of gross receipts: for the
restaurant/lounge/associated patios/tent and beverage cart, seven percent (7%) up to
$775,000.00; six percent (6%) above $775,000.00; and for the banquet facilities, nine
percent (9%).
D. PAYMENT
1. The term “Gross Receipts” as used herein means all gross revenue received by the
Concessionaire for the sale of food, beverage and other products on the Concession
Premises and golf course, and off-site catering to other public facilities such as the
Community Center or Senior Activity Center. It includes all monies received by the
Concessionaire for food, beverages and other products sold to patrons of the lounge,
restaurant and banquet facility. However, the term Gross Receipts shall not include
tips or charges for Washington State sales tax or other excise taxes imposed by any
government imposed directly on the sale of goods or services to be charged to the
consumer, although collected by the Concessionaire.
2. Concessionaire shall record all funds which are received in a system which records
and identifies the date and amount of each transaction. Records of daily sales shall be
submitted to the Administrative Services Department on a monthly basis along with a
written statement detailing gross and net receipts, signed by the Concessionaire.
3. Concessionaire shall make payment to the City for each calendar month of
operation, said payment being due and payable no later than the tenth (10th) of the
following month, accompanied by the above-described Statement of Gross Receipts.
All payments or reports to the City of Renton shall be paid or delivered to: 1055
South Grady Way, Renton, Washington 98057.
4. If any payment specified herein is not paid to the City within ten (10) days after the
date specified, a late charge of ten percent (10%) of the payment due and unpaid shall
be added to the payment as a penalty, and the total sum shall become immediately due
and payable. Any amount remaining unpaid by the first day of the month following
the due date for payment (i.e. approximately twenty (20) days late) shall bear interest
at the rate of one percent (1%) per month.
5c. - Community Services Department
recommends approval of a six-year Lease Page 6 of 72
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E. CITY OBLIGATIONS
The City shall have the following obligations under this Agreement:
1. To replace the banquet facility’s rectangular, serpentine and round tables, if
destroyed or damaged (unless the damage or destruction was the Concessionaire’s
fault), in a style to be coordinated with the Concessionaire in sufficient quantity to
accommodate a dinner buffet for up to three hundred (300) people.
2. To replace or repair the kitchen floor. The City will use its best efforts to
accomplish this no later than November 18, 2017.
3. To provide office space to Concessionaire for marketing activities.
4. To provide janitorial service for the driving range, clubhouse common areas,
including restrooms, pro shop, golf pro office, and golf course management office.
5. To operate the municipal golf course on a continuous basis, subject to the
interruption for inclement weather, earthquakes and other events beyond the City’s
control.
6. To provide heating and cooling to the Concession Premises to maintain
temperatures within the Concession Premises within a temperature range customary
for the use of the Concession Premises during its normal business hours; provided that
when the air conditioning is on, the Concessionaire will use its best efforts to keep the
doors closed. It is understood that doors may be opened to permit traffic in and out of
the restaurant, including the movement of food and equipment, and that where
portions of the kitchens are hot notwithstanding the air conditioning, the kitchen door
may be opened to provide ventilation and cooling for such areas.
7. To provide utility services to the Concession Premises (i.e., electricity, water,
natural gas, sewer, and trash removal).
8. To maintain the clubhouse building, hallways, restrooms, the parking lot,
sidewalks, and the grounds surrounding the clubhouse in good repair and attractive
condition.
9. To provide and maintain for the use of the Concessionaire, its patrons and
employees, the parking lots on the golf course property, which shall be used in
common with patrons of the golf course driving range from October through March.
Due to parking constraints, April through September it is required that all
Maplewood/RiverRock staff park in the designated area west of the driving range. To
the extent reasonably necessary, the City shall endeavor to remove accumulations of
snow and ice from the parking lot and from sidewalks leading to the clubhouse.
5c. - Community Services Department
recommends approval of a six-year Lease Page 7 of 72
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F. CONCESSIONAIRE’S OBLIGATIONS
Concessionaire shall perform the following tasks:
1. To provide janitorial services for the lounge, restaurant, marketing office,
kitchen, a tent pad, excluding fountain and dumpster area, and banquet facilities
according to the standards set forth in Exhibit E attached hereto.
2. To provide all reservation activities associated with the restaurant and banquet
facilities, and coordinate with the golf course management so as to not conflict with
the golf course activities, particularly parking when there are tournaments or other
heavy usage periods. Parking may be a problem if both the golf course and restaurant
and banquet facilities have scheduled events. Requirements noted in E9 above will be
followed. If problems develop, the Concessionaire and the City will discuss methods
of resolving the difficulties. If the Concessionaire and the City cannot come to an
agreement, then they will resolve this difficulty through binding arbitration. The
parties will attempt to select a single arbitrator to resolve the difficulty, but if they
cannot agree on a single arbitrator, then each party will appoint an arbitrator and those
two will select a third arbitrator. The decision will be by majority vote. The costs of
the arbitration will be equally shared by the City and the Concessionaire.
3. To perform normal and periodic maintenance for the range hood, bar and
refrigerator, but repair and replacement shall be the responsibility of the City. The
Concessionaire acknowledges that the range hood, bar and walk-in refrigerator shall
remain the property of the City. The City acknowledges that the kitchen equipment
listed in Exhibit D (will be updated by concessionaire) has been purchased by the
Concessionaire.
4. To open the restaurant no later than 6:30 a.m. Events may require earlier
opening service to be coordinated by golf course management and concessionaire,
provided that the restaurant may be closed during such times as the golf course is
closed or not being used because of snow, inclement weather or any other reason. The
Take-Out Window shall be open for coffee and limited food service September
through April from 6:00 a.m. until the golf course closes, and open May through
August from 5:00 a.m. until the golf course closes.
5. To provide necessary advertising to publicize the restaurant, lounge, banquet
facilities, and joint promotions with the golf course to include external and club
customers, and to establish an advertising program acceptable to and approved by the
Parks and Golf Course Division Director. However, the City shall not unreasonably
withhold its approval of an advertising program proposed by the Concessionaire.
5c. - Community Services Department
recommends approval of a six-year Lease Page 8 of 72
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6. Concessionaire shall secure all required City permits after setting up the
Banquet Tent. The Tent shall be removed at the time of permit expiration.
7. To operate the beverage cart at least on the following basis: seven (7) days per
week during the months of May through Labor Day in September, Friday through
Sunday commencing the date after Labor Day through September 30, and Friday
through Sunday during the month of April and the Winter Tournament Series events;
provided that the beverage cart need not be operational during inclement weather
unless there is a scheduled event. The City shall provide gasoline for the operation of
the beverage cart, to be paid for by the Concessionaire.
8. To request shuttle service and/or double parking be provided if the
Concessionaire schedules an event that it anticipates will require overflow parking.
The City will make an effort to provide such service, should City staffing not be
available, the Concessionaire will be trained and will serve as the alternate. The labor
and fuel costs will be split equally between the two parties, with the City invoicing the
Concessionaire for such services.
9. To provide seasonal (May through September) patio flowers/pots for the
restaurant, bar and banquet patios approved by the City representative.
10. To monitor and correct banquet guests actions, should they not abide golf
course restrictions, behave in an unacceptable manner, or cause damage to the facility
or its grounds.
G. CONCESSIONAIRE’S STAFF
The Concessionaire shall employ competent, courteous and efficient staff in numbers
to adequately serve its patrons. All Concessionaire staff members shall, while on
duty, be equipped with any apparatus or clothing that may be required by law,
ordinance or regulation.
An experienced on-site manager shall be selected and designated as the
Concessionaire’s authorized representative who shall oversee all concession
operations on the Concession Premises and transmit and receive communications to
and from the City.
The on-site manager or designee shall ensure that the following items are addressed in
a timely manner:
1. Have customer service training plan that is in place, including beverage cart
training. A City representative or designee will provide concessionaire management
with initial beverage cart training and training documents.
5c. - Community Services Department
recommends approval of a six-year Lease Page 9 of 72
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2. Communicate and coordinate tournaments and events with City representative
or designee for use of the banquet facility.
3. Provide monthly calendar of scheduled events in the banquet facility.
4. Provide a weekly beverage cart schedule in season.
5. Attend, at a minimum, two (2) golf course staff meetings monthly.
6. Notify City representative or designee immediately of any repairs needed that
are the City’s responsibility, i.e., plumbing, electrical, doors, lighting, etc.
7. Provide City representative with current management team contact information
for emergency purposes.
8. Ensure that banquet staff is trained on the use and care of the Audio Visual
system.
H. SIGNAGE
All graphics placed upon or affixed to any of the Concession Premises shall be subject
to the prior written approval of the City or its representative, which approval shall not
be unreasonably withheld. The Concessionaire will follow all City sign codes.
The Concessionaire shall submit detailed plans and secure any needed
permits/approvals for all exterior and interior signs. In all cases, signage shall be
consistent in size, color, lettering and theme to regular park signage and specifications.
The Concessionaire must secure prior approval from the City’s representative for all
exterior decorations. Such approval shall not be unreasonably withheld.
I. CAPITAL IMPROVEMENTS/REMODELING
Concessionaire shall, prior to commencing any alterations, improvements, or
construction, submit to the City in writing, plans for alterations, improvements, and
construction along with a breakdown of costs for such improvements.
All plans submitted are subject to the approval of the City or its representative prior to
commencement of any alteration, improvements or construction. The City agrees to
promptly review said plans, and if the alterations, improvements, and construction are
acceptable, to promptly approve the same, and the plans as approved shall be attached
to an executed copy of this Agreement and incorporated herein.
All work performed shall be done to the satisfaction of the City’s representative and
shall be carried out in a manner that minimizes impact upon the use of the golf course
5c. - Community Services Department
recommends approval of a six-year Lease Page 10 of 72
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by the public. Concessionaire shall be responsible for obtaining all governmental
permits and meeting all code requirements and shall submit copies of the same to the
City or its representative prior to commencing any construction on the Concession
Premises.
The City or its representative may conduct inspection of any capital improvement
work at any time to assure itself that such work is in accordance with the plans
approved by the City. In the event any such work is not according to plans as then
approved by the City, the City or its representative shall send a Notice of
Noncompliance to the Concessionaire. In the event the Concessionaire fails to make
corrections within twenty (20) days after the Concessionaire’s receipt of such Notice
of Noncompliance, the Department may make whatever corrections are necessary to
bring such work into compliance with the plans as approved, and shall charge the
Concessionaire for all costs of such corrective work.
Concessionaire shall, prior to commencement of any construction work, provide
payment and performance bond(s) in form(s) approved by the City Attorney, payable
to the City in the full and just value of such capital improvements, conditioned that all
provisions of this Agreement relating to capital improvements shall be faithfully
performed by the Concessionaire, or the surety, if required.
Concessionaire shall furnish the City with a complete set of reproducible 24” x 36”
mylar drawings reflecting the final “as-built” condition of all capital improvements
within thirty (30) days after completion of the construction. Concessionaire shall
furnish to the City copies of all operating manuals, equipment brochures, paint
schedules, and material brochures for such improvements.
Concessionaire will use recycled products whenever possible.
All alterations, fixtures and tenant improvements, and construction shall become the
property of the City upon termination or expiration of this Agreement and shall be
installed solely at the Concessionaire’s expense unless the City expressly agrees in
writing to contribute toward the costs thereof. The Concessionaire shall not be
required to remove or pay the cost of removal of any approved and accepted
alterations, fixtures, or tenant improvements at the expiration or earlier termination of
this Agreement. The kitchen equipment which is the personal property of the
Concessionaire, including, without limitation, the equipment listed on Exhibit D, shall
not be considered “fixtures” for the purpose of this paragraph.
The value of tenant provided improvements is subject to leasehold tax.
J. UTILITIES
5c. - Community Services Department
recommends approval of a six-year Lease Page 11 of 72
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Concessionaire shall pay for all utilities associated with the operation of the
Concession Premises. The Concessionaire shall install and maintain a private
telephone to serve the Concession Premises. The City may decide to install secondary
metering for electricity. The Concessionaire shall be billed the prorated share of
electrical costs, as follows:
Cost sharing formula without the booster pump station in operation:
Customer charge Split 50%/50%
Demand charge Golf course-35%/ concess.-65%
Kilowatt charge Golf course-37%/concess.-63%
With Booster Pump Station in operation, the Concessionaire will pay the following:
. Customer charge 25% of total
Demand charge 65% of 170 (kilowatts)
Energy charge 63% of remaining 30% balance
The City of Renton and Concessionaire will split 50/50 year round the water and
sewer utility costs for the Maplewood Clubhouse. The City will be responsible for
twenty-five percent (25%) of the natural gas expenses (year round) for the Maplewood
Clubhouse. The Concessionaire will be responsible for the remaining seventy-five
percent (75%) (year round) of the natural gas billings for the Clubhouse. If there is a
significant variation in costs for utilities, the City and Concessionaire will revisit these
percentages and costs.
If any payment due under this clause is not paid to the City within ten (10) days after
the date specified, a late charge of ten percent (10%) of the payment due and unpaid
shall be added to the payment as a penalty, and the total sum shall become
immediately due and payable. Any amount remaining unpaid by the first day of the
month following the due date for the payment (i.e. approximately twenty (20) days
late) shall bear interest at the rate of one percent (1%) per month from the due date.
K. TAXES/FEES
The Concessionaire shall pay, before delinquency, all fees, charges, and costs arising
out of the Concessionaire’s use and occupancy of the Concession Premises including,
but not limited to, charges imposed for governmental inspections or examinations,
license and excise fees, taxes on personal property of the Concessionaire and on the
leasehold interest created by this Agreement.
L. EQUALITY OF TREATMENT
5c. - Community Services Department
recommends approval of a six-year Lease Page 12 of 72
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Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard to
race, color, religion, sex, sexual orientation, marital status, age, or national origin. No
person shall be refused service, be given discriminatory treatment or be denied any
privilege, use of facilities, or participation in activities on the Concession Premises on
account of race, color, religion, sex, sexual orientation, marital status, age, or national
origin. Failure to comply with any of the terms of this provision shall be a material
breach of this Agreement.
M. NONDISCRIMINATION
Concessionaire shall comply with all applicable Federal, State, County, and City laws,
ordinances, rules and regulations regarding nondiscrimination in employment, the
provision of services to the public in a nondiscriminatory manner, including, but not
limited to, the provisions of the City of Renton Fair Practices Policy as attached hereto
and incorporated herein by this reference.
The City shall be responsible for making any structural changes to the building and
Concession Premises required by the Americans with Disabilities Act (ADA). The
Concessionaire shall be responsible for complying with the ADA with respect to any
subsequent improvements installed by the Concessionaire, the placement of furniture
and furnishings, and the Concessionaire’s operations.
N. ALL RISK INSURANCE
During the term of this Agreement and any extension thereof, the City shall maintain
an insurance policy on the clubhouse building in the amount of the replacement cost of
the clubhouse building, including the Concession Premises, restrooms and hallways,
for damage from fire, earthquake and other perils. Said insurance policy shall also
insure the replacement value of the kitchen equipment and banquet tables and chairs
provided by the City pursuant to paragraph E.1 above. The Concessionaire shall
reimburse the City annually fifty percent (50%) of the premium charged to the City for
such fire and hazard insurance policy. The proceeds on a claim against said insurance
policy for damage to the clubhouse building, Concession Premises or personal
property provided by the City shall be used to repair damage to the clubhouse building
and the Concession Premises and to repair or replace any damaged personal property
provided by the City.
The Concessionaire shall be responsible for maintaining its own fire and hazard
insurance on personal property and leasehold improvements placed within the
Concession Premises by the Concessionaire.
O. ALL-RISK LIABILITY INSURANCE
5c. - Community Services Department
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The Concessionaire shall secure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the Concessionaire’s operation and use of the leased
premises.
Minimum Scope of Insurance
Concessionaire shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on Insurance Services
Office (ISO) occurrence form CG 00 01 and shall cover premises, products/completed
operations, broad form property damage, independent contractors, personal
injury/advertising liability, and contractual liability. The City shall be named as an
additional insured on Concessionaire’s Commercial General Liability insurance policy
using ISO Additional Insured-Managers or Lessors of Concession Premises Form CG
20 11, or a substitute endorsement providing equivalent coverage.
2. Property insurance shall be written on all risk basis.
3. Automobile Liability insurance covering all owned, nonowned, hired and leased
vehicles. Coverage shall be written on insurance services office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage.
Minimum Amounts of Insurance
Concessionaire shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no less than
one million dollars and no cents ($1,000,000.00) each occurrence, two million dollars
and no cents ($2,000,000.00) general aggregate.
2. Property insurance shall be written covering the full value of Concessionaire’s
property and improvements with no coinsurance provisions.
3. Automobile Liability insurance shall be written with a minimum combined single
limit for bodily injury and property damage of one million dollars and no cents
($1,000,000.00) per accident.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance:
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1. The Concessionaire’s insurance coverage shall be primary insurance as respect to
the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the
City shall be excess of the Concessionaire’s insurance and shall not contribute to it.
2. The Concessionaire’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
Verification of Coverage
Concessionaire shall furnish the City with original certificates and a copy of the
amendatory endorsement, including, but not necessarily limited to, the additional
insured endorsement, evidencing the insurance requirements of the Concessionaire.
Waiver of Subrogation
Concessionaire and City hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by property
insurance on or in connection with the premises of said building. This release shall
apply only to the extent that such claim, loss or liability is covered by insurance.
City’s Property Insurance
City shall purchase and maintain during the term of this Agreement all-risk property
insurance covering the building for their full replacement value without any
coinsurance provisions.
P. INDEMNITY
Concessionaire will indemnify, defend, and hold harmless the City and its respective
officials, officers, employees, agents, attorneys, and assigns from and against all
actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens,
awards, and damages of any kind whatsoever (hereinafter “Claims”), for injury to or
death of any person (including without limitation claims brought be employees or
invitees of Concessionaire or employees, or invitees of any Contractor of
Concessionaire or damage to or loss of any property or clean up of any discharge or
release by Concessionaire or any Contractor of Concessionaire, and expenses, costs of
litigation, and reasonable attorneys’ fees related thereto, or incident to establishing the
right to indemnification, to the extent such Claims arise out of or are in any way
5c. - Community Services Department
recommends approval of a six-year Lease Page 15 of 72
12
related to this Agreement or the presence on the Concession Premises of
Concessionaire, any Contractor of Concessionaire or their respective employees or
invitees. Concessionaire expressly waives any immunity under industrial insurance
whether arising from Title 51 of the Revised Code of Washington or any other statute
or source, to the extent of the indemnity set forth in this paragraph. In the event that
Concessionaire is successful in proving that the foregoing indemnity is limited by
RCW 4.24.115, Concessionaire shall defend, indemnify and hold harmless the
indemnities to the full extent allowed by RCW 4.24.115. In no event shall
Concessionaire’s obligations hereunder be limited to the extent of any insurance
available to it.
The City will indemnify, defend, and hold harmless the Concessionaire and its
respective officers, employees, agents, attorneys, and assigns from and against all
actions, causes of action, liabilities, claims, suit, penalties, fines, judgments, liens,
awards, and damages of any kind whatsoever (hereinafter “Claims”), for injury to or
death of any person (including without limitation claims brought be employees or
invitees of City or employees, or invitees of any Contractor of City or damage to or
loss of any property or clean up of any discharge or release by City or any Contractor
of City, and expenses, costs of litigation, and reasonable attorneys’ fees related
thereto, or incident to establishing the right to indemnification, to the extent such
Claims arise out of or are in any way related to this Agreement or to any acts or
omissions of the City, any Contractor of the City or their respective employees or
invitees. The City expressly waives any immunity under industrial insurance whether
arising from Title 51 of the Revised Code of Washington or any other statute or
source, to the extent of the indemnity set forth in this paragraph. In the event that the
City is successful in proving that the foregoing indemnity is limited by RCW
4.24.115, the City shall defend, indemnify and hold harmless the indemnities to the
full extent allowed by RCW 4.24.115. In no event shall City’s obligations hereunder
be limited to the extent of any insurance available to it.
Neither indemnity obligation shall apply in cases of the sole negligence or wrongful
misconduct of the indemnitee.
Q. MUTUAL RELEASE AND WAIVER
The Concessionaire and City shall not assign to any insurance company any right or
cause of action for damages which the parties now have or may subsequently acquire
against the other party during the term of this Agreement, and shall waive all rights or
subrogation for such damage.
R. STANDARDS
Concessionaire recognizes that although it is operating its facilities as an independent
operator for profit, the City is organized and exists for the purpose of maintaining park
5c. - Community Services Department
recommends approval of a six-year Lease Page 16 of 72
13
and recreation facilities for the use and enjoyment of the general public. The
Concessionaire, its agents and employees, will devote their efforts toward rendering
courteous service to the public as though they were employees of the City, with a view
of adding to the enjoyment of the patrons of this recreational facility.
Concessionaire shall operate and conduct the facilities in the Concession Premises in a
businesslike manner, and will not permit any illegal acts or conduct on the part of the
Concessionaire’s employees which would be detrimental to the City’s operation of the
Maplewood Golf Course.
Concessionaire will not conduct, or allow to be conducted, activities that generate
excessive noise or light or otherwise create a nuisance to the surrounding
neighborhoods. Once informed by the City that it believes such activity is occurring,
or that it has been receiving reasonable complaints from the neighborhood, the City
and Concessionaire will meet to try and arrive at a method of operation by
Concessionaire that will eliminate, or sufficiently ameliorate the problems. The City
retains the right under its police power, or under its ownership interest of the property,
to direct Concessionaire to make changes in its methods of operation that will
eliminate conduct or activities that the City reasonably believes creates a nuisance.
S. CONTINUOUS OPERATION
Concessionaire shall keep the Concession Premises open and use them to transact
business with the public on a continuous basis during hours listed in Section F7
hereof. Subject to the prior written approval of the City, the Concessionaire may close
the Concession Premises or any portion thereof for a reasonable period for repairs or
remodeling, for taking inventory, or to accommodate the construction by the City of
public improvements, provided that a written notice of such impending closure is
posted in a conspicuous place on the Concession Premises or any portion thereof in an
emergency without the approval of the City. In the case of an emergency, the City
reserves and retains the right to close the Concessionaire’s operation or any portion
thereof if necessary to prevent harm caused by the emergency. This closure shall not
continue longer than the least amount of time necessary to prevent such harm.
T. COMPLIANCE WITH LAWS
Concessionaire shall comply with all applicable Federal or State laws and City
ordinances, and with applicable Federal, State, City and local directions, rules and
regulations.
U. UNUSABILITY
In the event the Concession Premises or the clubhouse building is damaged by fire,
flood, earthquake, act of war or other casualty, the City shall promptly repair the same,
5c. - Community Services Department
recommends approval of a six-year Lease Page 17 of 72
14
provided that if the peril causing the damage is not covered by insurance on the
building and Concession Premises required to be maintained by the City pursuant to
paragraph N above, then the City may terminate this Agreement by giving written
notice to the Concessionaire within thirty (30) days of the date of the damage. If the
damages interfere with the operation of the restaurant lounge or banquet facility
operations, the Concessionaire’s obligation to make payments to the City shall abate
until the repairs are completed and the term of this Agreement shall be extended by the
number of days equal to the duration of time from the date of the damage to the date
of completion of the repairs.
V. SURRENDER OF PREMISES AND REMOVAL OF CONCESSIONAIRE’S
PROPERTY
1. Upon termination or expiration of this Agreement, the Concessionaire shall
surrender the Concession Premises to the City and promptly surrender and deliver to
the City all keys that it may have to any and all parts of the Concession Premises.
2. The Concession Premises shall be surrendered to the City in as good a condition as
at the date of execution of this Agreement, except for the effects of reasonable wear
and tear, alterations, and repairs made with concurrence of the City, and property
damage by fire and other perils insured in contracts or policies of all risk insurance.
3. Within thirty (30) days after the termination of this Agreement or the expiration of
its term, Concessionaire shall remove from the Concession Premises, at its sole
expense, all equipment, furnishings, and other personal property owned and placed in
or on the Concession Premises by the Concessionaire, but not including the range
hood, freezer, walk-in cooler, and bar.
4. In the event that after termination or expiration of this Agreement, the
Concessionaire has not removed its equipment, furnishings, and other personal
property within the time allowed, the City may, but need not, remove said personal
property and hold it for the owners thereof, or place the same in storage, all at the
expense and risk of the owners thereof, and the Concessionaire shall reimburse the
City for any expenses incurred by the City in connection with such removal and
storage. The City shall have the right to sell such stored property, without notice to
Concessionaire, after it has been stored for a period of thirty (30) days or more, the
proceeds of such sale to be applied first to the cost of sale, second to payment of any
charges for storage, and third to the payment of any other amounts which may then be
due from Concessionaire to the City, and the balance, if any, shall be paid to the
Concessionaire.
W. LIENS AND ENCUMBRANCES
5c. - Community Services Department
recommends approval of a six-year Lease Page 18 of 72
15
Concessionaire shall keep the Concession Premises free and clear of any liens and
encumbrances arising or growing out of its use and occupancy of the Concession
Premises. At the City’s request, Concessionaire shall furnish the City written proof of
payment of any item which would or might constitute the basis for such a lien on the
Concession Premises if not paid.
X. ENTRY
The City’s representative may enter the Concession Premises during normal operating
hours for the purpose of inspecting or repairing the same except in the case of
emergency, but this right shall impose no obligation upon the City to make inspections
to ascertain the condition of the Concession Premises in addition to the City’s
responsibility to conduct annual inspections.
Y. ACCESS TO BOOKS AND RECORDS; CASH RECEIPTS
The Concessionaire shall provide basic financial statements on a monthly basis to the
City. The basic financial report shall include a detailed income statement that
provides detail sales, costs of sales, wages/benefits, operating expenses, administrative
expenses, internal corporate payments, and depreciation/amortization; a statement of
cash flow; monthly Business and Occupation Tax return filed with the State of
Washington; and a structured balance sheet that show changes in each owners’ equity
position. Additionally, the Concessionaire shall provide the City with annual financial
statements accompanied by its federal income tax return, with all applicable schedules,
within one hundred eighty (180) days of each fiscal year end.
The Concessionaire shall retain all books and records supporting the above financial
reports and transactions covered by this Agreement for a period of four (4) years after
the end of its fiscal year. The City shall have the right, with reasonable notice, to
examine and inspect books and records of the Concessionaire to determine compliance
with the provisions of this Agreement. Concessionaire shall record all sales in a point
of sale system approved by the City that records and identifies the date type of sale,
and the amount of each transaction.
In addition, to assure the Concessionaire is able to fulfill its obligation under this
Agreement and maintain sufficient liquidity for the ongoing operation, the
Concessionaire hereby agrees to provide/maintain the following:
1. Personal Guarantee: Concessionaire shall provide personal guaranty for its
obligation under this Agreement. The guaranty is limited to two hundred thousand
dollars and no cents ($200,000.00) which consists of one (1) year lease payment
5c. - Community Services Department
recommends approval of a six-year Lease Page 19 of 72
16
inclusive of leasehold tax at one hundred forty thousand and no cents ($140,000)
based on 2014 operating income plus one (1) year utility expenses averaging around
$60,000 per year. Upon completion of the second year of the agreement, the Personal
Guarantee will be reviewed annually by both the City and Concessionaire for
adjustments.
2. Working Capital: Concessionaire shall maintain working capital in the form of
cash or cash equivalent in the amount not less than seventy-five thousand dollars and
no cents ($75,000.00) by no later than six (6) months after the effective date of this
Agreement.
Z. APPROVAL OF MENUS AND PRICING.
Menus and pricing at current market prices will be established with the City
representative’s approval after this concession has been awarded. Once established,
the Concessionaire may not change the items on the menu more than twenty-five
percent (25%) or the prices more than an average of ten percent (10%) without the
written approval of the City’s representative.
AA. DELIVERIES
All deliveries are to be made prior to 11:00 a.m. Deliveries made after 11:00 a.m., are
restricted to the southeast portion of the building in order to minimize the impact to
the golfers. Any damage done to the turf by delivery drivers must be repaired at
Concessionaire’s expense.
BB. DEFAULT OR FAILURE OF CONSIDERATION
The City may terminate this Agreement and take immediate possession of the
Concession Premises in the event that the Concessionaire shall have failed to perform
any of the covenants or conditions of this Agreement, and such default or deficiency in
performance was not remedied by the Concessionaire within thirty (30) days after
receiving notice in writing stating the nature of the default or deficiency and the City’s
intention to terminate if not corrected.
CC. ASSIGNMENT OF AGREEMENT
Concessionaire shall not assign or transfer this Agreement nor otherwise convey any
right or privilege granted hereunder or any part of the Concession Premises unless the
written consent of the City be first obtained, which consent shall not be unreasonably
withheld. Neither this Agreement nor any right, privilege or interest therein or
5c. - Community Services Department
recommends approval of a six-year Lease Page 20 of 72
17
thereunder shall be transferable by operation of law or by any process or proceeding of
any court
DD. MODIFICATION
The parties hereto reserve the right to amend this Agreement from time to time as may
be mutually agreed. No amendment hereto shall be effective unless written and signed
by authorized representatives of the parties hereto.
EE. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties.
IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its
proper officers duly authorized this ____ day of __________________, _______, and the
Concessionaire has hereunto set its hand.
CONCESSIONAIRE THE CITY OF RENTON
Northwest Restaurant Experience, Inc.
_______________________________________ _________________________________
By: By: Denis Law, Mayor
Its: ATTEST BY:
_________________________________
Jason A. Seth, City Clerk
5c. - Community Services Department
recommends approval of a six-year Lease Page 21 of 72
I\kbeymer\concess\2003 exhibits title page
EXHIBIT A: LEGAL DESCRIPTION OF THE MAPLEWOOD GOLF
AND COUNTRY CLUB, as described in the attached
Statutory Warranty Deed. See Exhibit A, pages 1, 2, 3, and 4.
EXHIBIT B: FLOOR PLAN FOR THE PREMISES.
EXHIBIT C: AUDIO VISUAL EQUIPMENT (City owned -2014)
EXHIBIT D: KITCHEN EQUIPMENT (Fully executed 9/02 – revised 2/15)
EXHIBIT E: JANITORIAL STANDARDS (Revised 2/2015)
EXHIBIT F: CHANGE ORDERS (No longer included, from original
construction)
EXHIBIT G: SIGNAGE (No longer included- please see City Sign Code)
5c. - Community Services Department
recommends approval of a six-year Lease Page 22 of 72
CCEXHIBITALEGALDESCRIPTIONOFThEMAPLEWOODGOLFANDCOUNTRYCLUE,asdescribedintheattachedStatutoryWarrantyDeed.SeeExhibitA,pages1,2,3,and4.5c. - Community Services Department recommends approval of a six-year Lease Page 23 of 72
ExhibitA,page1of4CIn’3COUNTYWHENHECDEDDRETURNTD:i1.31Warren&Kellogg,P.S.FEB1SttornejsatLaO8Q9’Renton,WA98057-05/02/01STATUTORYWARRANTYDEEDRECDF.00CSHSLMAPLEWOODGOLFANDCOUNTRYCLUB,aWashingtoncorporation,forandinconsiderationof’TenDollars(.1O.O0)andothergoodandvaluableconsiderationinhandpaid,convey(s)andwarrant()toTHECITYOFRENTON,aWashingtonmunicipalcorporation,thefollowingdescribedrealestate,situatedinKingCounty,StateofWashington:PARCELA:ThesouthwestquarterofthesouthwestquarterofthesouthwestauarterofSection15,Township23North,Range5east,W.M.,inKingCounty,Washington.Exceptthatportionlyingwithinthefollowingdescribedtract:CommencingatthenorthwestcornerofSection22,Township23North,flange5east,W.M.,inKingCounty,Washington;thencesouth87°59’20”east1Tfeettothepointofbeginning;thencenorth2f037T50tleast72.02feet;thencesouth57047110Ueast129.38feet;thencesouth27°37’50”west136.17feet;thencenorth57°7’10”west118feet,moreorless,tothecenterlineofexistingcreek;thencenortherlyalongthecenterlineofsaidcreek85feet,moreorless,toapointwhichbearsnorth57°47’1O”westfromthepointofbeginning;thencesouth57°47’lO”east23feet,moreorless,tothepointofbeginning.-PARCELB:ThatportionofGovernmentLot6,Section16,Township23north,range5east,W.M.,inKingCounty,Washington,lyingnortheasterlyofthenortheasterlylineoftheplatofMaplewoodDivisionNo.2,accordingtotheplatrecordedinVolume39ofPlats,Page39,inKingCounty,Washington,asextendednorthwesterlyacrosstheright—of—wayoftheDefensePlantCorporationasindicatedbydottedlinesontheplatofMaplewoodDiv.No.2,andsoutheasterlyofthenorthwesterlylineofDefensePlantCorporationright—of-way;ALSOThesoutheastquarterofthesoutheastquarterofSection16,Township23north,range5east,W.M.,inKingCounty,Washington;STATUTORYWARRANTYDEEDPAGE15c. - Community Services Department recommends approval of a six-year Lease Page 24 of 72
ExhibitA,page2of4ExceptthatportionplattedasapiewoodDiv.No.2,accordingtothepiatrecordedinVolume39of?lats,Page39,inKingCounty,Washington.PARCELC:ThatportionofGovernmentLot1,Section21,Township23north,range5east,W.M.,inKingCounty,.Washington,lyingnortherlyofStateHighwayNo.5;ExceptthatportionplattedasMaplewoodDiv.No.2,accordingtotheplatrecordedinVolume39ofFlats,Page39,inKingCounty,Washington.?ARCEL0:ThatportionofthenorthwestcuarterofthenorthwestDcuarterandofGovernmentLot10inSection22,Township23north,range5east,W.M.,inKingCounty,Washington,lyingnortherlyofStateHighwayNo.5andlyingnortherlyofthePacificCoastCoalRailroadright—of—way;TogetherwiththatportionofCountyRoadNo.J10,vacatedbyorderenteredOctober16,1939inVolume38ofCommissioner’sRecords,page7;Exceptthatportionthereofdescribedasfollows:CommencingatthenorthwestcornerofSection22,Township23north,range5east,W.M.,inKingCounty,Washington;thencesouth87°59’20”east17feettothepointofbeginning;thencenorth27°37’50”east72.02feet;thencesouth57°L7’1OtTeast129.38feet;thencesouth27037150h1west136.17feet;thencenorth57°17’10”west113feet,moreorless,tothecenterlineofexistingcreek;thencenortherlyalongthecenterlineofsaidcreek85feet,moreorless,toapointwhichbearsnorth57°47’lO”westfromthepointofbeginning;thencesouth57°’47’10”east23feet1moreorless,tothepointofbeginning.PARCELI:GovernmentLot6ofSection22,Township23north,range5east,W.M.,inKingCounty,Washington;Exceptthatportionthereofdescribedasfollows:3eginningatthenorthquartercornerofsaidsection;thencesouth1°08’21”westalongthenorthandsouthcenterlineofsaidSection30.00feet;thencenorth87°59’20”west150.51feettothebeginningofacurvetotherightwitharadiusof330.00feet;thencewesterlyalongsaidcurvethroughacentralangleof224°37’12”anarcdistanceof11.80feettointersect.thenorthlineofSTATUTORYWARRANTYDEEDPAGE25c. - Community Services Department recommends approval of a six-year Lease Page 25 of 72
-ExhibitA,page3of4saidseoticn;thencesouth37°55’20”east287.53feettothepointofbeginning.P.RCELF:SouthhalfofthesouthhalfofthenorthwestcuarterofthesouthwestquarterofthesouthwestquarterofSection15,Township23north,range5east,W.M.,inKingCounty,Washington.SUBJECTTO:1.RightsclaimedunderdeedsrecordedunderKingCountyRecordingNos.3413714and4660;2.EasementsrecordedunderKingCountyRecordingèNos.1971852,3332114,4427279,4!27281,57143790,5275717,5155315,5913518,7609030618,7703030695,7305100471,7703030696and7809071072,and7809071068;3.EasementsestablishedbyproceedingsinKingCountySuperiorCourtCauseos.1426190,499210and7148;4.ReservationscontainedininstrumentrecordedunderKingCountyRecordingNo.241250;5.QuestionsthatmayariseduetotheshiftingorchangeinthecourseoftheCedarRiverorthennamedcreekonthepremises,orrightofthestateofWashingtoninandtothatportionofthepremises,ifany,lyingintheoldandnewbedsoftheCedarRiver;6.AgreementrecordedunderKingCountyRecording-No.7502140608.DATED:January31,1985.MAPLEW000GOLFANDCOUNTRYCLUBVaWashingtoncorporationByPresidentBy___cretarySTATUTORYWARRANTYDEEDVPAGE35c. - Community Services Department recommends approval of a six-year Lease Page 26 of 72
ExhibitA,page4of4STATEOFWPSHINGTOU))ssCOUNTYOFKING)OnisdayoersonallyappearedbeforemeandJcjj,,till,2c4Cf’)tomeknowntobethePresidentandSecretary,respectively,ofMAPLEW000GOLFANDCOUNTRYCLUB,thecorporationthatexecutedtheforegoinginstrument,andacknowledgedthesaidinstrumenttobethefreeandvoluntaryactanddeedofthecorporation,fortheusesandpurposesthereinmentioned,andonoathstatedthattheyareauthorizedtoexecutetheinstrument.DATED:January1985.NotaryPublicinandfortheStateofWashington,residingatRenton.STATUTORYWARRANTYDEEDPAGEI5c. - Community Services Department recommends approval of a six-year Lease Page 27 of 72
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KEY PLANT5c. - Community Services Department recommends approval of a six-year Lease Page 28 of 72
Exhibit C
Audio Visual Equipment/ System – City owned
Eight (8) in ceiling speakers w/ transformer
All wall plates, ports, jacks, controllers and wiring
TOA Digital pre-amp mixer
TOA remote switch panel for inputs
All microphone input/output modules
TOA wall rack mount
Two (2) TOA UHF Wireless Tuners
Three (3) wireless handheld microphones
Four (4) TOA Wireless Tuner Module
Wireless transmitter for lapel microphone
One TOA unidirectional lapel microphone
One DA-Lite 9’ x 12’ Recessed Electric Screen
One - NEC Projector - ceiling mount
One Liteshow Wireless adapter
All cabling, installation and permits
5c. - Community Services Department
recommends approval of a six-year Lease Page 29 of 72
Page 1 of 4
H:\Deputy City Clerk\Agenda\Agenda 2015\03 - March\3-9-2015\ConcessionaireExhibit E -
2015.docH:\GOLF\SHARED\ConcessionaireExhibit E.doc
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaire
Concessionaire shall at all times and at no expense to the BoardCity, keep the Concession
Premises in a neat, clean, safe and sanitary condition. The concessionaire shall at all times keep
the glass of all windows and doors clean and presentable (both interior and exterior); furnish all
cleaning supplies, materials and equipment needed to operate the Concession Premises in the
manner prescribed in this Agreement; and provide all necessary janitorial service to adequately
maintain the Concession Premises on the frequency schedule made part of this Exhibit, which by
this reference is incorporated herein.
The Board City through its representative shall conduct periodic inspections of the Premises and
shall notify the Concessionaire in writing to make changes in maintenance methods and/or to
make immediate repairs to area affected by unacceptable maintenance methods. The
Concessionaire shall make changes and/or repairs within the time, or times, indicated by the
BoardCity representative.
The Concessionaire shall contract with a qualified pest control company to control the rodent
population around the Premises. Concessionaire may provide for janitorial services by contract
with a third party, which shall be subject to this Agreement and the prior written approval of the
BoardCity.
Concessionaire shall provide a list of emergency phone numbers including those of any firms
performing contract maintenance to contact in case of emergency, (e.g. fire extinguishing system
maintenance or alarm company).
Concessionaire shall provide fire extinguishers and other items required by Fire Department. All
kitchen equipment must be approved for use by building/fire departments.
5c. - Community Services Department
recommends approval of a six-year Lease Page 30 of 72
Page 2 of 4
H:\Deputy City Clerk\Agenda\Agenda 2015\03 - March\3-9-2015\ConcessionaireExhibit E -
2015.docH:\GOLF\SHARED\ConcessionaireExhibit E.doc
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaire
FREQUENCY SCHEDULE
Including, but not limited to the following:
DAILY
1. Empty all trash including patio receptacles and place in dumpster. Brush and/or wipe
wastebaskets. Wash wastebaskets as needed.
2. Dust all desks, tables, counters, files, telephones and other furniture within reach.
Remove spillage as needed.
3. Wash table tops, counters and all surfaces.
4. Sweep/damp mop all epoxy floors with appropriate cleaner. Remove spillage on all
floors each night.
5. Replace burned out light bulbs except in the kitchen and banquet facility where the
Concessionaire will supply the bulbs to the City for the City to replace. If City purchases
bulbs, the concessionaire will reimburse the City for the cost.
6. Pick up trash, dump trash container to primary dumpster location in the east parking lot.
Keep surrounding area of the dumpster free of debris. In addition, keep area surrounding
the kitchen dumpster and surrounding landscape area free of debris.
7. Spot clean marks and smudges from walls, especially doors, around push plates, and light
fixtures.
8. Keep janitor storage areas neat and clean.
9. Vacuum carpeted areas and all entry mats. Spot clean as required.
10. Empty and wash all outdoor ashtrays.
11. Dust mop hardwood floors followed by wet mopping with a pH neutral cleaner.
12. Sweep/clean patio areas.
5c. - Community Services Department
recommends approval of a six-year Lease Page 31 of 72
Page 3 of 4
H:\Deputy City Clerk\Agenda\Agenda 2015\03 - March\3-9-2015\ConcessionaireExhibit E -
2015.docH:\GOLF\SHARED\ConcessionaireExhibit E.doc
13. Clean door glass.
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaire
14. Provide litter control for any litter generated through use of restaurant lounge and
banquet facilities out to service road.
Weekly
1. Perform high dusting such as upper walls, ventilator grills, except in banquet facility
where the City shall perform high dusting of ventilation grill and upper walls. Perform
high dusting of piping, floor and window casings, and other surfaces not done on a more
frequent basis.
2. Use a damp cloth or dust rag and clean the interior and outer surface of all lights.
3. Dust/clean all papered walls.
4. Clean grease trap and drain. Add microbial drip, vinegar or similar in system to reduce
grease holding tank odor.
5. Maintain area around compactor/dumpster off kitchen area. If utilized, maintain the
compactor/dumpster and area within the fenced enclosure in the parking lot.
6. Remove scuff marks on hardwood floors with a high-speed burnisher or approved
method.
7. Hose down patio areas.
8. Hose down dumpster area off kitchen (daily if needed).
Monthly
Clean interior and exterior window and door glass.
Quarterly to Semi-Annually
Clean carpets in restaurant, bar and banquet facility – or as frequently needed..
5c. - Community Services Department
recommends approval of a six-year Lease Page 32 of 72
Page 4 of 4
H:\Deputy City Clerk\Agenda\Agenda 2015\03 - March\3-9-2015\ConcessionaireExhibit E -
2015.docH:\GOLF\SHARED\ConcessionaireExhibit E.doc
Grease holding tank to be pumped and cleaned. Frequency may be less often at the
discretion of the City.
Exhibit E
MAPLEWOOD GOLF COURSE CLUBHOUSE
LEASE AND CONCESSION AGREEMENT
Janitorial Standards for Concessionaire
Semi-Annually to Annually
1. The City will will light sand and cleanrecoat hardwood floors. with “Envirocare Tech 4”
in accordance with manufacturer’s specifications. The City will invoice the
Concessionaire for 100% of the labor and material costs. (Floor type of finish has
changed. City will light sand and clean, concessionaire will pay all costs.)
2. Pressure wash patio and tent slab prior to season use.
3. Grease holding tank pumped annually moved to quarterly.
Periodic
Range hood, bar, and refrigerator to receive normal periodic maintenance and on as-
needed basis as per manufacturer’s specifications.
5c. - Community Services Department
recommends approval of a six-year Lease Page 33 of 72
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Fee Waiver for Liberty Park and Riverview Park
Picnic Shelters
Meeting:
REGULAR COUNCIL - 09 Mar 2015
Exhibits:
A. Issue Paper
B. Renton Ecumenical Association of Churches
(REACH) Fee Waiver Request
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Casey Stanley, NRE Manager, ext. 6624
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $0
Amount Budgeted: $ 0 Revenue Generated: $0
Total Project Budget: $ 0 City Share Total Project: $ 0
SUMMARY OF ACTION:
The REACH Crop Hunger Walk is an annual fundraising event and helps provide funding for local agency
programs. This event has benefitted the Renton community for 31 years by providing funds for various
food agencies such as the Salvation Army of Renton, ARISE, The Friendly Kitchen, The Margie Williams
Helping Hands Center, and St. Vincent de Paul Food Bank.
REACH provides valuable resources to those in need. The community will benefit by supporting this
effort.
STAFF RECOMMENDATION:
Authorize the Liberty Park and Riverview Park picnic shelter fee waiver for the CROP Hunger Walk
fundraising event scheduled for May 3, 2015.
5d. - Community Services department
requests approval to waive picnic shelter Page 34 of 72
h:\deputy city clerk\agenda\agenda 2015\03 - march\3-9-2015\2015 crop walk ip.docx
COMMUNITY SERVICES
DEPARTMENT
M E M O R A N D U M
DATE: March 16, 2015
TO: Ed Prince, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Terry Higashiyama, Community Services Administrator
STAFF CONTACT: Casey Stanley, NRE Manager, extension 6624
SUBJECT: Fee Waivers for Liberty Park and Riverview Park Picnic Shelters
Issue:
Should Council authorize the Community Services Department to waive the picnic
shelter fees for the Renton Ecumenical Association of Churches (REACH) CROP Hunger
Walk?
Recommendation:
Authorize the Liberty Park and Riverview Park picnic shelter fee waivers for the CROP
Hunger Walk fundraising event scheduled for May 3, 2015.
Background:
The REACH CROP Hunger Walk is an annual fundraising event and helps provide funding
for local food agency programs. This event has benefitted the Renton community for 31
years by providing funds for various food agencies such as the Salvation Army of Renton,
ARISE, The Friendly Kitchen, the Margie Williams Helping Hands Center, and St. Vincent
de Paul Food Bank.
Conclusion:
REACH has provided valuable resources to those in need. The community will benefit by
supporting this effort.
cc: Terry Higashiyama, Community Services Administrator
Kris Stimpson, Community Services Recreation Director
Casey Stanley, Community Services NRE Manager
Jennifer Jorgenson, Community Services Administrative Secretary
5d. - Community Services department
requests approval to waive picnic shelter Page 35 of 72
January 4, 2015
City of Renton Parks Department
Re: fee waiver for shelters
Attention: Elane Rosok, Kris Stimpen, and Casey Stanley
Elane, Kris and Casey,
REACH (Renton Ecumenical Association of Churches) has greatly appreciated having the
shelter fee waived in past years for the Renton CROP Hunger WALK. We are again
humbly asking for waived fees on the Liberty Park and Riverview Park shelters, on
Sunday, May 3, 2015, for the Renton CROP Hunger WALK. The route begins at the Renton
Liberty Park Shelter, goes east along the Cedar River Trail to Ron Regis Park and returns along
same route to the start. Set-up begins around 11:00AM and the walk begins at 1:30PM. The
walk ends at 4:00PM and clean-up ends about 4:30PM or 5:00PM.
This is the Renton CROP Hunger WALK’s 32th walk to help the hungry. We have raised a
total of over $533,000 to help the hungry, of which over $133,000 (25%) has been given to
Renton food agencies. Local food agencies CROP will support this year are the Salvation Army
of Renton, ARISE, Margie Williams Helping Hands Center, and St Vincent de Paul Food Bank.
The Renton CROP Hunger WALK is one of nearly 1,600 CROP Hunger WALKS in the
USA, through Church World Service (CWS), a non-profit world hunger organization. The
Renton CROP Hunger WALK is sponsored by REACH (Renton Ecumenical Association of
Churches), which involves local churches and the community.
As in previous years, we will have checkpoints at shelters and canopy shelters. We will be
needing the shelters at Liberty Park and at Riverview Park for checkpoints, which provide
water, snacks, rest points, first aid and calling for needed rides. The past shelter fees have been
graciously waived by the City of Renton. This is so very appreciated, since all the money
the walk raises goes toward the hungry. The sponsoring organization, REACH, receives no
funds from the walk and is on a very low budget for any expenses.
Also, Bonnie asked me to mention to you that we will also be using an area next to trail at Ron
Regis Park, where we put up a small canopy for the turn around checkpoint. This area is on the
grass between the Cedar River Trail and the Park fence, and just left of the gate going into the
Park. We put the canopy near the fence, to avoid walkers blocking trail.
Thank you for your help.
Sharon Kenyon, Renton CROP Hunger WALK Co-coordinator for REACH
16508 162 Ave S.E., Renton WA 98058
kenyonjs@comcast.net
425- 271-2080 home (if no answer, use cell number)
425-306-7089 (cell)
5d. - Community Services department
requests approval to waive picnic shelter Page 36 of 72
CITYOFRENTONCOMMUNITYSERVICESDEPARTMENTFEEWAIVERORREDUCTIONREQUESTFeeWaiverand/orReductionrequestswillbesubmittedforapprovaltotheCityCouncilviatheFinanceCommittee.NameofGroup:REACHGroupContactPerson:SharonKenyonContactNumber(425)271-2080Address:16508l62AveSEEmailAddress:kenyonjs@comcast.netDateofEvent:May3,2015NumberinParty:250Location:OnthetrailbetweenLibertyParkandRiverviewParkTypeofEvent:CROPHungerWalkStaffContactName/Telephone:CaseyStanleyext:6624Whatisthetotalcostoftherentalandapplicablefees?$28000Whatisthecostofthefeewaiverorreductionrequested?$280.00DescribeeventandexplainwhyareductionorwaiveroffeeswillbenefittheRentoncitizens:Thirtyoneyearsofhelpingthehungry.LocalfoodagenciesthataresupportedintheCityofRentonare:SalvationArmy,TheFriendlyKitchen,ARISEandthey’readdingadditionalagenciesthisyear.TheCropWalkraisesover$500,000inwhich$125,000isdonatedtolocalfoodagencies.StaffRecommendation:Yes,thisisaoositiveeventforthecommunity.CouncilApprovalcc:\\RvFPS-03\Depts\CS\Recreation\RecreationDirector\AgendaBillItems\REACHWaiver2015.docx5d. - Community Services department requests approval to waive picnic shelter Page 37 of 72
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
King County Contract #EMS3342 - 2015 Allocation
of Funds
Meeting:
REGULAR COUNCIL - 09 Mar 2015
Exhibits:
A. King County Funding Allocation Letter
B. Allocation Matrix
Submitting Data: Dept/Div/Board:
Fire & Emergency Services
Staff Contact:
Deputy Chief Erik Wallgren, ext. 7084
Recommended Action:
None; Information Only.
Fiscal Impact:
Expenditure Required: $ N/A Transfer Amendment: $N/A
Amount Budgeted: $ N/A Revenue Generated: $1,254,004
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
Council approved the 2014-2019 Basic Life Support (BLS) services contract on 1/27/2014. The
distribution of funding is the annual entitlement of the 2014-2019 King County Levy funded from real
property taxes. King County no longer requires an amendment to the original contract to receive
the allocated funds.
For 2015, the City of Renton's total allocation is $1,254,004 (City of Renton - $936,406; KCFD #25 -
$107,241; and KCFD #40 - $210,357). The City will be paid the total amount and the two District
contracts will be reduced by their portion in 2015.
STAFF RECOMMENDATION:
N/A
5e. - Fire & Emergency Services
Department reports that the 2015 Basic Page 38 of 72
EmergencyMedicalServicesDivisionPublicHealth401FifthAvenue,Suite1200Seattle,WA98104-1818Seattle&KingCounty206-296-4693Fa206-296-4866TfYRelay:711www.kingcounty.gov/healthDecember3,2014ChiefMarkPetersonRentonFireDepartment1055SGradyWay,6thFlRenton,WA98055RE:ContractEMS3342-2015AltocationofFundsDearBLSEMSAgency:InaccordancewithSectionIIICompensationandMethodofPaymentofyourContract,thisletterservestonotifyyouragencyofyourallocationfor2015.AsidentifiedintheEMS2014-2019StrategicPlantheBLSannualallocationisdeterminedby“addingtheproportionofthetotalincrease,50%basedonassessedvaluationand50%basedoncallvolumes,tothepreviousyear’sallocation.”For2015yourallocationisdeterminedtobe$1254,004.Justasareminder,newtoyourcontract,isasubmissionofayear-endreport(seeattached).Your2014reportwillbeduepriortoMatch31,2015.Pleasenote,youarenolongerrequiredtosubmitanewcontractapplication,howeverinordertobereimbursed,youmustsubmitinvoicesusingtheattachedformwhichmustreflectactualexpenditures.ReimbursementforyourexpendituresmayoccurasprescribedintheContractbysendinganinvoicetoMaryWonattheaddressbelow:4015thAve,Ste1200Seattle,WA98104Forquestions,pleasecontactFelisaAzpitarteat(206)263-8549.Sincerely,JimFogarty,EMSDivisionDirectorAttachments5e. - Fire & Emergency Services Department reports that the 2015 Basic Page 39 of 72
20158LSAllocations$2,139,517$1,457,559$977,958$903,169$1,308,628$382,770$1,386,640$936,406$107,241$210,357$425,735$533,266$787,029$661,877$423,785$363,464$405,792$438,223$360,332$197,337$304,253$55,302$98,478$303,367$760,332$444,267$186,650$101,895$24,263$45,607$26,605$2061,945$1,416,191$943,111$870,877$1,261,773$371,186$1,342,903$901,567$104,972$205,856$411,963$518,714$760,819$640,781$408,656$351,604$392,368$428,761$352,766$192,174$299,405$54,187$94,244$297,342$156,820$434,354$181,847$99,628$23,902$44,845$26,3253.8%2.9%3.7%3.7%3.7%3.1%3.3%3.9%2.2%2.2%3.3%2.8%3.4%3.3%3.6%3.4%3.4%2.2%2.1%2.7%1.6%2.1%4.5%2.0%2.2%2.3%2.6%2.3%1.5%1.7%1.1%Agency2015Amount2014Amount%VarianceBelievueFireDepartmentEastsideFire&RescueRedmondFireDepartmentKirklandFireDepartmentKentRegionalFireAuthority*SeaTacFireDepartmentSouthKingFire&RescueRentonFireDepartmentFireDistrict#25FireDistrict#40MercerIslandFireDepartmentWoodinvilleFire&RescueValleyRegionalFireAuthorityShorelineFireDepartmentFireDistrict#2(Burien)FireDistrict#16-NorthshoreTukwilaFireDepartmentFireDistrict#43-MapleValleyBothellFireDepartmentFireDistrict#13-Vashon/MauryFireDistrict#44-MountainViewCityofBlackDiamondSnoqualmieFireDepartmentEnumclawFireDepartmentFireDistrict#45-DuvallFireDistrict#11-NorthHighlineFireDistrict#20FireDistrict#27FireDistrict#47FireDistrict#50-SkykomishFireDistrict#51-SnoqualmiePassBLSContracts.$16,157,444$15,651,8863.2%*singlecontractunderKentRFA5e. - Fire & Emergency Services Department reports that the 2015 Basic Page 40 of 72
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Agreement for Award of Flood Reduction Grant
Funds Between the City of Renton and King
County (Award No. 4.14.07) for the Maplewood
Creek Stormwater Outfall Improvements Project
Meeting:
REGULAR COUNCIL - 09 Mar 2015
Exhibits:
A. Issue Paper
B. Agreement for Award of Flood Reduction Grant
Funds
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Ron Straka, Surface Water Engineering Manager,
ext. 7248
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 586,918 Transfer Amendment: $N/A
Amount Budgeted: $ 625,000 Revenue Generated: $200,000
Total Project Budget: $ 625,000 City Share Total Project: $ 386,918
SUMMARY OF ACTION:
The City of Renton has been approved to receive $200,000 in grant funds by the King County Flood
Control District Board of Supervisors for the construction of the Maplewood Creek Stormwater Outfall
Improvements Project. The project consists of replacing two aging and failed stormwater outfalls with a
new outfall that will discharge to Maplewood Creek. Both outfalls convey runoff from the Heather
Downs subdivision to the east, down a steep ravine to Maplewood Creek. The failed outfalls have
collapsed due to failure of the pipe joints resulting in significant erosion along the ravine slope in the
vicinity of the outfalls. The new outfall will reduce further erosion of the ravine slope and improve water
quality of Maplewood Creek.
Funding for the Maplewood Creek Stormwater Outfall Improvements Project is included in the 2015
approved Surface Water Utility Capital Improvements Program budget (427.475480). The total 2015
project budget, including the proposed 2014 carry forward and 2015 first quarter budget adjustments, is
$625,000 to complete the design, permitting and construction. The City’s contribution to the total
project cost is approximately $386,918.
STAFF RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute the King County Flood Control District
Agreement for Award of Flood Reduction Grant Funds between the City of Renton and King County, in
the amount of $200,000 in grant funds, for the construction of the Maplewood Creek Stormwater Outfall
Improvements Project.
5f. - Public Works Division recommends
approval of an agreement to accept Page 41 of 72
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE: February 27, 2015
TO: Ed Prince, Council President
Members of the City Council
VIA: Denis Law, Mayor
FROM: Gregg Zimmerman, Administrator
STAFF CONTACT: Ron Straka, Surface Water Utility Manager, x7248
Allen Quynn, Surface Water Utility Engineer, x7247
SUBJECT: Agreement for Award of Flood Reduction Grant Funds
Between City of Renton and King County (Award No. 4.14.07)
for the Maplewood Creek Stormwater Outfall Improvements
Project
ISSUE:
Should Council authorize the Mayor and City Clerk to execute the King County Flood
Control District Agreement for Award of Flood Reduction Grant Funds between the City
of Renton and King County to provide $200,000 in grant funds for the construction of
the Maplewood Creek Stormwater Outfall Improvements Project?
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to execute the Agreement for Award of
Flood Reduction Grant Funds between the City of Renton and King County to provide
$200,000 in grant funds for construction of the Maplewood Creek Stormwater Outfall
Improvements Project.
BACKGROUND:
On September 29, 2014, the King County Flood Control District Board of Supervisors
approved Resolution No. FCD2014-12.1 awarding the City of Renton a $200,000 grant
for the construction of the Maplewood Creek Stormwater Outfall Improvements
Project.
The proposed project will replace two aging and failed stormwater outfalls with a new
outfall that will discharge to Maplewood Creek. Both outfalls convey runoff from the
Heather Downs subdivision to the east, down a steep ravine to Maplewood Creek (see
attached vicinity map). The failed outfalls have collapsed due to failure of the pipe
joints resulting in significant erosion along the ravine slope in the vicinity of the outfalls.
5f. - Public Works Division recommends
approval of an agreement to accept Page 42 of 72
Ed Prince, Council President
Page 2 of 2
February 27, 2015
H:\Deputy City Clerk\Agenda\Agenda 2015\03 - March\3-9-2015\Issue Paper Grant Acceptance.doc \AQtp
Replacing these outfalls is a priority as continued exposure of the ravine slope to storm
runoff from these outfalls will further destabilize the remaining sections of pipe
resulting in more erosion, increased landslide risk, increased sediment loading and
continued water quality problems in Maplewood Creek.
The new outfall will improve water quality by reducing erosion of the ravine slope in the
vicinity of the failed outfalls and subsequently reduce sedimentation discharge in
Maplewood Creek.
The project will be funded through the approved Surface Water 2015 Capital
Improvement Program Budget (427.475580). The 2015 project budget, including the
proposed 2014 carry forward and 2015 first quarter budget adjustments, is $625,000 to
complete the design, permitting and construction. The total project cost is estimated to
be $586,918, which includes approximately $52,000 in staff costs, $1,500 for purchase
of a maintenance access easement, $133,418 in engineering design costs and $400,000
in estimated construction costs. The King County Flood Control District flood reduction
grant of $200,000 will fund half of the estimated construction cost. Including the grant,
the City’s share of the total estimated project cost is $386,918. The awarded grant
amount of $200,000 represents 34% of the total project cost.
Completion of the design is scheduled for May 2015 with construction occurring during
the summer of 2015.
CONCLUSION:
It is recommended that Council authorize the Mayor and City Clerk to execute the King
County Flood Control District Agreement for Award of Flood Reduction Grant Funds
between the City of Renton and King County in the amount of $200,000 in grant funds
for the construction of the Maplewood Creek Stormwater Outfall Improvements
Project.
Attachments
cc: Lys Hornsby, Utility Systems Director
Hai Nguyen, ASD Budget Analyst
Tracy Schuld, ASD Budget Analyst
5f. - Public Works Division recommends
approval of an agreement to accept Page 43 of 72
5,588
466
WGS_1984_Web_Mercator_Auxiliary_Sphere
Project Vicinity Map
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Notes
None
Legend
317 0 158 317 Feet
Information Technology - GIS
RentonMapSupport@Rentonwa.gov
06/05/2014
City and County Boundary
Other
City of Renton
Parcels5f. - Public Works Division recommends approval of an agreement to accept Page 44 of 72
AWARDNUMBER:4.14.07AGREEMENTFORAWARDOFFLOODREDUCTIONGRANTFUNDSBETWEENCITYOfRENTONANDKINGCOUNTYThisAgreementismadebetweenKingCounty,amunicipalcorporation,andCityofRenton(referredtohereinas“Recipient”),forthepurposessetforthherein.ThisAgreementshallbeineffectfromthedateofexecutiontoMarch31,2016.SECTION1.RECITALS1.1Whereas,theKingCountyFloodControlDistrict(“District”)isaquasi-municipalcorporationoftheStateofWashington,authorizedtoprovidefundingforfloodcontrolandstormwaterprotectionprojectsandactivities;and1.2WhereasKingCountyistheserviceprovidertotheDistrictunderthetermsofaninterlocalagreement(“ILA”)byandbetweenKingCountyandtheDistrict,datedFebruary17,2009,asamended,andasserviceproviderimplementstheDistrict’sannualworkprogramandbudget;and1.3Whereas,onNovember11,2013,theBoardofSupervisorsoftheDistrict,theDistrict’sgoverningbody,passedResolutionFCD2O13-14whichauthorizesanallocationof$2.666,329fromtheDistrict’sbtidgetfortheFloodReductionGrantProgram;and1.4Whereas,onSeptember29,2014theKingCountyFloodControlDistrictBoardofSupervisorspassedResolutionFCD2014-12.1,whichestablishedcriteriaforawardinggrantsundertheallocationof$2,666,239fromtheDistrict’sbudget,andapprovedfundingfortheprojectsdescribedinAttachmentAtothatResolution;and1.5Whereas,inaccordancewiththetermsofResolutionsFCD2OI3-14andFCD2014-12.1,andinitscapacityasserviceprovidertotheDistrict,KingCountyhasestablishedagrantawardprogram,calledthefloodReductionGrantProgram,tofundprojectsconsistentwithSection1.4above;and1.6Whereas,theRecipienthaspreviouslysubmittedanapplicationforaprojecttoKingCountyinaccordancewiththefloodReductionGrantProgramPoliciesandProcedures,acopyofwhichhasbeenfurnishedbyKingCountytotheRecipientandwhichareincorporatedhereinbythisreference(“GrantPoliciesandProcedures”);and1.6WhereastheDistrict’sBoardofSupervisorsapprovedfundingofRecipient’sapplicationfortheproject,asdescribedinAttachmentAtoResolutionFCD2O14-12.1intheamountof$200,000(“Award”);and1.7WhereasKingCountyhasreceivedaScopeofWorkandaBudgetfortheProjectfromtheRecipientandhasdeterminedthattheScopeofWork,attachedheretoandPage1of145f. - Public Works Division recommends approval of an agreement to accept Page 45 of 72
incorporatedhereinasExhibitB(“ScopeofWork”),andtheBudget,attachedheretoandincorporatedhereinasExhibitC(“Budget”),areconsistentwiththeGrantPoliciesandProcedures;and1.8‘Whereas,KingCountyandtheRecipientdesiretoenterintothisAgreementforthepurposeofestablishingthetermsandconditionsunderwhichKingCountywillprovidefundingfromtheDistrictinaccordancewiththePoliciesandProcedures,andtheRecipientwillimplementtheProject.SECTION2.AGREEMENT2.1.TheRecitalsareanintegralpartofthisAgreementandareincorporatedhereinbythisreference.2.2.KingCountyagreestoawardtheRecipientanawardinthetotalamountof$200,000fromDistrictfunds(theAward).TheAwardshallbeusedbytheRecipientsolelyfortheperformanceoftheProject,asdescribedinExhibitAofthisAgreement.ExhibitA,attachedheretoandincorporatedhereinbythisreference,containsadescriptionoftheProjectasdescribedinAttachmentAtoResolutionFCD2OI4-12.1.KingCountyshallpaytheRecipientinaccordancewiththeGrantPoliciesandProcedures.2.3.TheRecipientrepresentsandwarrantsthatitwillonlyusetheAwardfortheScopeofWorkofthisAgreementandinaccordancewiththeProjectBudget.TheRecipientshallberequiredtorefundtoKingCountythatportionoftheAwardwhichisusedforworkortasksnotincludedintheScopeofWork.Further,theRecipientagreestoreturntoKingCountyanyportionoftheAwardthatisnotexpendedorremainsaftercompletionoftheScopeofWork.2.4.ActivitiescarriedoutforthisProjectandexpensesincurredbytheRecipientmaypredatetheexecutiondateofthisAgreementprovidedthat1)theyhavebeenidentifiedbyRecipientasbeingwithinthescopesofnos.2)and3)below,andhavebeenapprovedbytheCountyasbeingwithinsuchscopes;2)TheactivitiesarespecifiedintheScopeofWorkofthisAgreement;3)theexpensesareincurredincarryingouttheScopeofWorkandareauthorizedbythisawardasidentifiedintheBudgetofthisAgreement;4)suchactivitiesandexpensesotherwisecomplywithallothertermsofthisAgreement;and5)reimbursementsshallbepaidtotheRecipientonlyafterthisAgreementhasbeenfullyexecuted.2.5.TheRecipientshallinvoiceKingCountyforincurredexpensesusingtheRequestforPaymentformandProgressReport,attachedheretoandincorporatedhereinasExhibitD,forthosedocumentedandallowableexpensesidentifiedintheBudgetandaccordingtotherulessetforthintheGrantPoliciesandProcedures.Aprogressreport(withorwithoutarequestforpayment)shallbemadenolessfrequentlythaneverysixmonthsaftertheeffectivedateofthisAgreementnormorefrequentlythaneverythreemonthsaftertheaforementioneddate.AdvancesareallowableonlyforanticipatedexpensestoPage2of145f. - Public Works Division recommends approval of an agreement to accept Page 46 of 72
beincurredinthenextthreemonthsfromthedateofsubmissionoftheRequestforPaymentforworkthatisincludedintheScopeofWorkofthisAgreement,andidentifiedassuchintheRequest.DocumentationofpaymentsmadefromadvancesshallbesubmittedtoKingCountypriortoanyfurtherrequestsforpayment.Noadvancesshallexceed80%ofthetotalAward.ThefinalrequestforpaymentshallbesubmittedwiththeFinalReportdescribedinSection2.5ofthisAgreementandshallbenolessthan20%oftheAward.2.6.TheRecipientshallberequiredtosubmittoKingCountyafinalreportwhichdocumentstheRecipient’scompletionoftheworkinconformancewiththetermsofthisAgreementwithinthirty(30)daysafterthecompletionoftheworkandsubmitaClose-outReport,theformofwhichisattachedandincorporatedhereinasExhibitEtothisAgreement.Thefinalreportshall,amongotherthings,summarizetheproject’ssuccessesandshalladdressthewatershedbenefitsaccomplishedbytheworkinaformatprovidedbyKingCountyforthispurposeassetforthintheGrantPoliciesandProcedures.2.7.TheRecipient’sexpendituresofAwardfundsshallbeseparatelyidentifiedintheRecipient’saccountingrecords.Ifrequested,theRecipientshallcomplywithotherreasonablerequestsmadebyKingCountywithrespecttothemannerinwhichProjectexpendituresaretrackedandaccountedforintheRecipient’saccountingbooksandrecords.TheRecipientshallmaintainsuchrecordsofexpendituresasmaybenecessarytoconformtogenerallyacceptedaccountingprinciplesfurtherdescribedinSection2.8.belowandtomeettherequirementsofallapplicablestateandfederallaws.2.8.TheRecipientshallberequiredtotrackprojectexpensesusingtheBudgetAccountingandReportingSystemfortheStateofWashington(“BARS”)orGenerallyAcceptedAccountingPrinciplessetforthbytheFinancialAccountingStandardsBoardorbytheGovernmentalAccountingStandardsBoard.2.9.KingCountyoritsrepresentative,andtheDistrictoritsrepresentativeshallhavetherightfromtimetotime,atreasonableintervals,toaudittheRecipient’sbooksandrecordsinordertoverifycompliancewiththetermsofthisAgreement.TheRecipientshallcooperatewithKingCountyandtheDistrictinanysuchaudit.2.10.TheRecipientshallretainallaccountingrecordsandprojectfilesrelatingtothisAgreementinaccordancewithcriteriaestablishedbytheWashingtonStateArchivistLocalGovernmentCommonRecordsRetentionSchedule(CORE)asrevised.2.11.TheRecipientshallensurethatallworkperformedbyitsemployees,agents,contractorsorsubcontractorsisperformedinamannerwhichprotectsandsafeguardstheenvironmentandnaturalresourcesandwhichisincompliancewithlocal,stateandfederallawsandregulations.TheRecipientshallimplementanappropriatemonitoringsystemorprogramtoensurecompliancewiththisprovision.2.12.TheRecipientagreestoindemnify,defendandholdharmlessKingCounty,andtheDistrict,theirelectedorappointedofficials,employeesandagents,fromallclaims,Page3of145f. - Public Works Division recommends approval of an agreement to accept Page 47 of 72
allegedliability,damages,lossestoordeathofpersonordamagetopropertyarisingoutofanyactsoromissionsoftheRecipient,itsemployees,agents,contractorsorsubcontractorsinperformingitsobligationsunderthetermsofthisAgreement.2.13.TheRecipientagreestoacknowledgetheDistrictasasourceoffundingforthisprojectonallliterature,signageorpressreleasesrelatedtosaidproject.SECTION3.GENERALPROVISIONS3.1.ThisAgreementshallbebindinguponandinuretothebenefitofthepartiesheretoandtheirrespectivesuccessorsandassigns.3.2.ThisAgreementconstitutestheentireagreementbetweenthepartieswithrespecttothesubjectmatterhereof.Nopriororcontemporaneousrepresentation,inducement,promiseoragreementbetweenoramongthepartieswhichrelatetothesubjectmatterhereofwhicharenotembodiedinthisAgreementshallbeofanyforceoreffect.3.3.NoamendmenttothisAgreementshallbebindingonanyofthepartiestothisAgreementunlesssuchamendmentisinwritingandisexecutedbytheparties.ThepartiescontemplatethatthisAgreementmayfromtimetotimebemodifiedbywrittenamendmentwhichshallbeexecutedbydulyauthorizedrepresentativesofthepartiesandattachedtothisAgreement.3.4.EachpartywarrantsandrepresentsthatsuchpartyhasfullandcompleteauthoritytoenterintothisAgreementandeachpersonexecutingthisAgreementonbehalfofapartywarrantsandrepresentsthathe/shehasbeenfullyauthorizedtoexecutethisAgreementonbehalfofsuchpartyandthatsuchpartyisboundbythesignatureofsuchrepresentative.3.5.TheProjectshallbecompletedbynolaterthanMarch31,2016.IntheeventthattheProjectisnotcompletedbythisdate,KingCountyhasthediscretion,butnottheobligation,toterminatethisAgreementandrequestandreceiveanyunexpendedAwardfundsthatmaybeheldbytheRecipient.3.6.ThisAgreementmaybesignedinmultiplecounterparts.3.7.IfanyprovisionofthisAgreementorofanyotheragreement,documentorwritingpursuanttoorinconnectionwiththisAgreement,shallbewhollyorpartiallyinvalidorunenforceableunderapplicablelaw,saidprovisionwillbeineffectivetothatextentonly,withoutinanywayaffectingtheremainingpartsorprovisionofsaidagreement,providedthattheremainingprovisionscontinuetoeffectthepurposesofthisAgreement.3.8.TheamountoftheAwardhasbeenfullyfundedbytheDistrict.TotheextentthatfundingoftheAwardrequiresfutureappropriationsbytheKingCountyCouncil,KingCounty’sobligationsarecontingentupontheappropriationofsufficientfundsbytheKingCountyCounciltocompletetheScopeofWork.Ifnosuchappropriationismade,Page4of145f. - Public Works Division recommends approval of an agreement to accept Page 48 of 72
thisAgreementwillterminateatthecloseoftheappropriationyearforwhichthelastappropriationthatprovidesfundsunderthisAgreementwasmade.ThisdocumenthasbeenapprovedastoformbytheKingCountyProsecutingAttorney’sOfficeasofOctober24,2014.KINGCOUNTY:RECIPIENT:By_____________________By________________Name_________________________NameDenisLawTitle______________________________TitleMayorDate____Date__________________Attestto:JasonSeth,CityClerkPage5of145f. - Public Works Division recommends approval of an agreement to accept Page 49 of 72
EXHIBITA:ProjectDescriptionAPPLICANTPROJECTDESCRIPTIONAMOUNTCityofRentonMaplewoodCreekStormwaterOutfallImprovements$200,000Project-ThepurposeoftheprojectistoreplacetwofailedstormwateroutfallswithasingleoutfallthatdischargestoMaplewoodCreek.BothoutfallsconveyrunofffromtheHeatherDownsSubdivisiontotheeastdownasteepravinetoMaplewoodCreek.EXHIBITB:SCOPEOFWORKTASKSACTIVITIESANDDEUVERABLESTOTALDATESSHAREWhenistheOFtaskstartingAWARDandending?FUNDSConsultantConsultanttopreparedesignplansandspecificationsandassist0April2014-DesignandCitywithenvironmentalpermitting.(SeeattachedconsultantfeeFebruary2015PermittingtableExhibitC--1.)ContractRecipientshalldeliver:•AcopyofthefinalProjectDesign(Design)approvedbytheRecipientwithinonemonthofthelastdateofsignatureofthisAgreement.Alldocumentscanbemadeavailableindownloadableelectronicmediaorinpaperformorboth.ConstructionConstructionof40LFof16”dia.abovegroundHOPE,211LFof100%June2015-Contractburied18”dia.CPEP,290CFofburied15”CPEP,512LFof12”of$200,000Decemberburied12”HDPE,4TypeIIcatchbasins,10TypeIcatchbasinsand2015anenergydissipatorstructureRecipientshalldeliver:•Acopyofthefullyexecutedcontract(Contract)betweentheRecipientandtheselectedcontractorpriortoanyworkcarriedoutbythecontractortoinclude,asanintegralpartoraddendumorbyreference,theDesigntobecarriedoutbytheContractor.•DocumentationthatthetermsandconditionsoftheContracthavebeencarriedouttothesatisfactionoftheRecipient(toinclude,butnottobelimitedto,copiesofcontinuationssheets,releaseoffundstocontractorandotherapprovingdocumentsgeneratedbytheRecipient,finalacceptanceofContractordeliverables)•AstheyoccurandastheyareapprovedbytheRecipient,copiesofanychangeordersthatinvolveandincreaseordecreaseoffundstothecontractor,ortransferwithinthescopeoftheContract,fundsgreaterthan10%oftheaward.Page6of145f. - Public Works Division recommends approval of an agreement to accept Page 50 of 72
Alldocumentscanbemadeavailableindownloadableelectronicmediaorinpaperformorboth.Stateallrequiredprojectpermitsandauthorizations(includingright-of-wayaccess)asfollows:Nameofpermit,issuer,recipient,purposeandinclusivedates.Ifnopermitsorauthorizationsarerequired,statethatnonerequired.EnvironmentalDetermination/CityofRenton/CityofRenton/SEPA/Noinclusivedates,CriticalAreaExemption/CityofRenton/CityofRenton/projectisexemptfromrestrictionincriticalareasoftheCity/Syearsfromdateofdecision.Theexpectationisthattheprojectwillbeconstructedinawaytoavoidimpactstocriticalareas.Intheeventthattheprojectwillinvolveworkincriticalareassomeorallthefollowingpermitswillberequired:HPA/WDFW/CityofRenton/workwithintheOHWofMaplewoodCreek/validduringprojectconstructionperiod.Section401/DOE/CityofRenton/waterqualitycertification/validduringprojectconstructionperiod.Section404orNationwidepermit/USACE/CityofRenton/FillorDredgewithinwatersoftheUS/validduringprojectconstructionperiod.ESAConsultation/NOAAFisheries/CityofRenton/Determineifprojectwillimpactendangeredspecies(prepareBE/BA)CulturalResources/HistoricPreservationAct/SHP0/CityofRenton/Determineifprojectwillimpactculturalresourcesorareasofhistoricalsignificance.Easement/PID2816300100/CityofRenton/Constructionandmaintenanceaccesseasement/validinperpetuity.Permits/permission(ifapplicable)CityStaffRecipientwillmanageconsultantdesigncontract,construction0Jan2014-Projectengineeringmanagement,environmentalpermitting,grantFebruary2016Managementadministration,andeasementacquisition.May2014-February20150CreditsAspartofyourprojectdeliverables,provideaplanofhow,whereJune2015-andwhenthisgrantwillbeacknowledged.DecemberTheprojectdesignandspecificationswillincludeaproject2015constructionsigntobeerectedonceconstructionbeginsthatwillincludethefundingsource(KCFD)andgrantawardamount.Additionally,KCFDwillberecognizedontheCityprojectwebsiteoncetheconstructioncontractisawarded.TASK5SubmitafinalreportandthefinancialcloseoutdocumentationnoMarch2016Finalreportlaterthat30daysaftertheenddateoftheproject.Page7of145f. - Public Works Division recommends approval of an agreement to accept Page 51 of 72
EXHIBITC:BUDGETBUDGETITEMTOTALGRANTFINANCIALMATCH(notrequired)MATCHAWARDSOURCESOURCESOURCETOTALSHARERentonAMOUNTSTAFFING$52,0000$52,000$52,000COMMERCIAL$533,418200,000$333,418$333,418(ConsultantContractandConstructionContract)SERVICESANDCREWTIMETRANSPORTATION0000OFFICE0000EXPENSES/OVERHEADOTHER0000REALESTATE-RELATED$1,5000$1,500$1,500COSTS-___________TOTAL$586,918$200,000$386,918$386,918Page8of145f. - Public Works Division recommends approval of an agreement to accept Page 52 of 72
EXHIBITD:REQUESTFORPAYMENTANDPROGRESSREPORTFLOODCONTROLRiverandfloodplainMantSectionDISTRICTKingCountyIKINGCOUNTYFLOODREDUCTIONGRANTPROGRAMPaymentRequestDate______
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_Instructions:Completethisspreadsheetandattachyourfinancial/accountingsystemreportstodocumentallexpensesPROJECTNAMEPROJECTCODEBudgetLineItem(FromExhibitBAmountofallBalanceBudget)BudgetedCurrentRequestPreviousRequestsRemaining$$$$$$$$$TOTAI.S:$-$-$-$AmountfromCurrentRequestaboverequestedasanadvanceIEXPLANATION:Page9of145f. - Public Works Division recommends approval of an agreement to accept Page 53 of 72
KINCCOUNTYFLOODCONTROLDISTRICIWaterandLandResourcesDivisionRiverandFloodplainManagementSectionKingCountyFLOODREDUCTIONGRANTPROGRESSREPORTDate01/00/00PROJECT0PROJECTNUMBER0RecipientName0ContactName0Phone0Address10Address20City,State,ZipCode0Request#0Dates(beginning&enddateforthisclaim)0DELIVERABLES:Progress/Status/percentagecompleted(noteSCOPEOFWORKITEMapproximateoractualdates)1)2)Page10of145f. - Public Works Division recommends approval of an agreement to accept Page 54 of 72
3)4)5)AddmorepagesifnecessaryPleasemailore-mailalldocumentsto:MaureenDahistromWaterandLandResourcesDivisionDepartmentofNaturalResourcesandParksKSc-NR-0600201SouthJacksonStreet,Suite600Seattle,WA98104-3855Maureen.dahstromkingcounty.gov206-477-4777Page11of145f. - Public Works Division recommends approval of an agreement to accept Page 55 of 72
EXHIBITECLOSE-OUTREPORTRecipientProjecttitleProjectstartandenddatesTotalaward$Totalspent$Amountdueatclose-out$Totalunspent$Submitthefollowing:ChecklistPreviouslyPROGRAMMATICCLOSE-OUTSubmittedAttached1.Letter(s)ofcommitmentfromkeypartners2.FinalreportdocumentingthesuccessfulcompletionoftheprojectaccordingtotheexhibitA:ScopeofWork&timelineinyourLILIagreement.3.DocumentationofmeasurementmethodsandtimelinesandanyLILIresultstodate.FOLLOWINGITEMSTOBEINCLUDEDASAPPLICABLEKCFCDacknowledgement4.Selectionofoutreachmaterials,suchas:handouts,brochures,posters,newspaperclippings,pressLILILIreleases,_and_web_page_screen_hard_copies5.Copiesofselectedprintedmaterials,createdfortheprojectoraboutit,&/orotheritemsthatLILILIillustratethe_successful_completion_ofthe_project6.Selectedcopiesofpictures,film,video,PowerPointpresentationinCD,DVD,email&/ordocumentationpresentingyourproject,ifapplicableFINANCIALCLOSE-OUT7.Attachreceipts&/orauditableaccountingdetail(mayinclude:ledger-based_copies,_cancel_checks,_&_payroll_records)8.Documentationofcashandin-kindmatchifanyLILICONTINUEDPage12of145f. - Public Works Division recommends approval of an agreement to accept Page 56 of 72
KingCountyFloodReductionGrantProgramFiscalClose-OutDateRecipientNamePROJECTPROJECTNAME0CODE0AWARDBudgetLineItemAmountofall(FromExhibitBBudget)BudgetedPreviousRequestsBalanceForfeited$$$$$$$$$$$$$-$$-$$-$TOTALS:$-$-$MATCHItemBudgetedActualBalanceSource$$$$$$$$$$$-$-$NOTESPROVISIONSPage13of14CONTINUED5f. - Public Works Division recommends approval of an agreement to accept Page 57 of 72
BysigningthisFinancialCLOSEOUT,I________________________,anauthorizedrepresentativeoftheabovenamedawardrecipient(RECIPIENT),confirmthatIhaveexaminedtheinformationcontainedhereinandthat,tothebestofmyknowledge,itisatrueandaccurateaccountofallthefinancialexpensesandin-kindcontributionsincurredbytheabovenamedprojectinthecourseoffulfillingtheconditionsoftheAGREEMENTbetweenRECIPIENTandKingCounty(COUNTY).Iherebyacknowledgethattherearenofurtherexpensesassociatedwiththisproject,noranypendingorfutureclaimstotheCOUNTYandthattheCOUNTYisnotliableforanyexpensesnotdocumentedinAttachmentB(Budget)oftheAGREEMENT.IunderstandthattheRECIPIENTisfullyboundbytheprovisionsoftheAGREEMENTincluding,butnotlimitedto,thereturnofCOUNTYfundsthatareunspentorwhosespendingisunsubstantiatedaccordingtothetermsoftheAGREEMENTandtherighttoexaminerecords.IfurtherunderstandthattheCOUNTY,uponexaminingthefinancialclose-outandthefinalreportsubmittedbytheRECIPIENTwilldeterminetheamountofthebalanceduetotheRECIPIENT.SIGNED______________________________________________DATEApprovedforClose-OutNotapprovedforclose-outEXAMINERSIGNATURE:______________________DATE:____________Notes:ENDOFEXHIBITEPage14of145f. - Public Works Division recommends approval of an agreement to accept Page 58 of 72
1t(tCtt’L”i%I—/4,tadCITYOFRENTON,WASHINGTON_
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_ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGSECTION1-3-3OFCHAPTER3,REMEDIESANDPENALTIES,OFTITLEI(ADMINISTRATIVE)OFTHERENTONMUNICIPALCODE,BYCLARIFYINGANDUPDATINGNUISANCEDEFINITIONSANDREGULATIONS.THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOESORDAINASFOLLOWS:SECTIONI.Subsection1-3-3.A,Purpose,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:A.Purpose:Unlawful,unkempt,unsafe,unsanitary,improperlymaintainedpremises,properties,sidewalksandeasements,premiseswhereillegaland/orcodeviolatingconductoccur,andnuisancesandchronicnuisancepropertieswithintheCity,createpotentiallygravehabitability,health,safety,sanitation,andwelfareconcernsfortheCity,itsresidentsandguests,andforthevalueandeconomicwell-beingofthepremisesandpropertiesandpremisesand/orpropertyownersinRenton.ThesenuisancesareafinancialburdenontheCitybecauserepeatedcallsforservice,complaintsorrequestsforinvestigationsand/orinspectionsofsuspectednuisancesrequirethetimeandresourcesoftheCityadministration,theRentonPoliceDepartment,theCityAttorneyDepartmentandthecourt.Therefore,itisthepurposeandintentoftheCity,inenactingthisChapter,toamelioratenuisancesandholdthosepersonsresponsiblecriminallyandfinanciallyaccountable.17a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 59 of 72
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__ThepurposeofthisChapteristoprovidetheCity’srepresentativeswiththenecessarypowerstoprevent,remedyand/orabatenuisancesandtochargethoseresponsiblefortheabatementcosts.ThisChapterisareasonableandproperexerciseoftheCity’spolicepowerwitharationalrelationshiptowardfosteringorpreservingthepublicpeace,safety,health,moralsorwelfare(consistcntwithandaexplainedinCountyofSpokanev.ValuMart,69Wn.2d712,719720;419P.2d993(1966)),anditshallbeliberallyconstruedtoeffectthispurpose.ThisChapter’sremediesarenotexclusiveandremediesavailableunderfederal,stateorlocallawmayalsoapply.ConsistentwithRCW35.80.030(7)(entitledPermissibleOrdinances—Appeal),theCityofRentonis(a)prescribingminimumstandardsfortheuseandoccupancyofdwellingsthroughoutthemunicipalityorcounty,(b)prescribingminimumstandardsfortheuseoroccupancyofanybuilding,structure,orpremisesusedforanyotherpurpose,(c)preventingtheuseoroccupancyofanydwelling,building,structure,orpremises,thatisinjurioustothepublichealth,safety,morals,orwelfare,andfd)prescribingpunishmentfortheviolationofanyprovisionofsuchordinance.Renton’sauthorityincludesbutisnotlimitedtoRCW35A.21.160whichgrantstocodecities“allofthepowersofwhichanycityofanyclassmayhave”andRCW35.22.280(30)whichpermitsacitytodeclareandabatenuisances,andtoimposefinesuponthoseresponsiblefornuisances.SECTIONII.Subsection1-3-3.B.1,“Abate”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:27a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 60 of 72
ORDINANCENO.1.“Abate”meanstoclean,eliminate,remove,repairorotherwiseremedyaconditionthatamountstoanuisanceunderthisChapterbysuchmanner,means,andtotheextentasanAdministratororlawenforcementofficerdeterminesisreasonablynecessarytoprotectthegeneralhealth,morals,safetyandwelfareoftheCityofRenton,and/oritscitizensorguests.SECTIONIII.Subsection1-3-3.B.4,“Callsforservice”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:4.“Callsforservice”meanscallsorcommunicationsto911,includingbutnotlimitedtoValleyCommunications,and/orcallsorcommunicationsdirectlytotheRentonPoliceDepartmentoroneofitsofficers,ortheviewingofanoffensebyanofficer.Callsforservice,asthattermisusedinthedefinitionof“chronicnuisancepremises,”doesnotincludeincidentsthathavenonexustoorthatareunrelatedtothechronicnuisancepremises,itsresident(s),owner(s),guests,patrons,orcallsforgeneralinformation.SECTIONIV.Subsection1-3-3.B.5.b,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:b.Anyactionagainsta“chronicnuisancepremises”and/oritsowner,managingagentorpersonincontrolforaviolationunder5ubscctionRMC1-3-3.B.5.a.iofthisSectiondoesnotprecludetheuseofthosenuisancesorcriminalactivitiestofindaviolationofsubsectionRMC1-3-3.B.5.a.iioriiiofthisSection;andaviolationundersubsectionRMC1-3-3.B.5.a.iand/oriiofthisSectiondoesnotprecludetheuseofthosenuisancesorcriminalactivitiestofind37a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 61 of 72
ORDINANCENO.aviolationofsubsectionRMC1-3-3.B.5.a.iiiofthisSectionaslongasallofthenuisancesorcriminalactivitiesoccurredduringtheapplicabletimeperiod.Ifanyoftheincidentsthatmakeupa“chronicnuisance”constituteacriminaloffense,theincidentmaybechargedseparatelyasacriminaloffense.SECTIONV.Subsection1-3-3.B.6,“Criminalviolation”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:6.“Criminalviolation”meansanyviolationpunishableunderRCW9A.20.021(2)or(3)(MaximumsentencesforcrimescommittedJuly1,1984,andafter)asitcurrentlyexistsorishereafteramended.SECTIONVI.Subsection1-3-3.B.10,“Drug-relatedactivity”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:10.“Drug-relatedactivity”meansanyactivityatapremisesthatviolatesChapter69.41RCW(LegendDrugs),Chapter69.50RCW(UniformControlledSubstancesAct),Chapter69.51A(MedicalMarijuana)or69.52RCW(ImitationControlledSubstances),Chapter69.53RCW(UseofBuildingsforUnlawfulDrugs)oranyapplicablefederal,stateorlocallawregulatingthesamegeneralsubject-matter,asitcurrentlyexistsorishereafteramended.SECTIONVII.Subsection1-3-3.B.11,“Emergency”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:11.“Emergency”meansanysituationwhichanAdministratororlawenforcementreasonablybelievesrequiresimmediateactiontopreventoreliminateanimmediatethreattopublichealth,morals,safety,orwelfareof47a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 62 of 72
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_personsorpropertyintheCityofRenton,ortoevaluateaconditionimmediatelyafteralife-threateningoractuallossoflifesituationhasoccurred.SECTIONVIII.Subsection1-3-3.B.13,“Grossmisdemeanor”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:13.“Grossmisdemeanor”meansanycriminalviolationpunishableunderRCW9A.20.021(2),asitcurrcntlycxistsorishcrcaftcramcndcd.SECTIONIX.Subsection1-3-3.8.17,“Misdemeanor”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:17.“Misdemeanor”meansanycriminalviolationpunishableunderRCW9A.20.021(3),asitcurrcntlycxistsorishcrcaftcramcndcd.SECTIONX.Thefirstsentenceofsubsection1-3-3.B.19,“Nuisance”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:19.“Nuisance”(alsorcfcrrcdtohcrcinasor“nuisanceviolation”)meansbutisnotlimitedto:SECTIONXI.Subsection1-3-3.B.19.d,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:d.ViolationofanysectionoftheRMCidentifiedasunlawfuland/oranuisanceunderDevelopmentRegulations(RMCTitleIV),FinanceandBusinessRegulations(RMCTitleV),PoliceRegulations(RMCTitleVI),HealthandSanitation(RMCTitleVIII),PublicWaysandProperty(RMCTitleIX),Traffic(RMC57a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 63 of 72
ORDINANCENO.TitleX),orpublichealthormoralsordinanceorcriminallaw,asitcurrcorishcrcaftcramcndcd;SECTIONXII.Subsection1-3-3.B.19.e,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:e.AnythingdefinedbyRCW7.48.140(Publicnuisancesenumerated),Chapter7.48ARCW(Moralnuisances),orwhichconstitutesamisdemeanorunderRCW9.66.010(Publicnuisance)orRMC6-18-11(BreachofthePublicPeace),asitcurrcntlycxistsorishcrcaftcramcndcd;SECTIONXIII.Subsection1-3-3.B.19.g.iii,DumpinginWaterways,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:iii.DumpinginWaterways:AnyviolationofRMC6-14-10(LitterinLakesandFountains),WAC332-30-117.6(Waterways),WAC332-30-139.3(Marinasandmoorages),WAC332-30-163.9,10and13(Rivermanagement),WAC332-30-166.1and2(Openwaterdisposalsites),WAC332-30-171.4(Residentialusesonstate-ownedaquaticlands),oranydumpingofmaterials,waste,chemicals,orothersubstancesinornearwaterways,asitcurrcntlycxistsorishereafteramenHi’HSECTIONXIV.Subsection1-3-3.B.22,“Personincontrol”,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:22.“Personincontrol”meansanypersonwhopossesses7orhascontroloverthepremises,orwhoisresponsibleforcreating,maintainingorpermitting67a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 64 of 72
ORDINANCENO.thenuisance,whetherasowner,tenant,occupant,orotherwise.TheremaybemorethanonepersonincontrolforpurposesofthisChapter.(“Possess”inthiscontextmeanstojivein,orstayatapremises,and/ortoliterallypossessorhavetheirnameonatitle,deed,mortgageoranagreementrelatedtothepremises.)Ifthepersonincontrolisnotthelegalowner,thepersonincontrolandownerarebothiointlvliableforanychronicnuisance.BoththeownerandpersonincontrolaresubjecttotheprovisionsandremediesofthisChapter.ApplicationofthisChapteragainstonepartydoesnotprecludeapplicationtoanotherpartywhoisanownerorpersonincontrolofachronicnuisancepremises.Thereisapresumptionthatapersonincontrolisawareoforhasknowledgeoftheconditionatapremisesaswellaswhetherthereareanynuisancesorchronicnuisancesatthepremises.Thispresumptionmayberebuttedbysubstantiatedproofofaseriousincapacitatinghealthconcernorseriousmentaldefect.SECTIONXV.Subsection1-3-3.B.27.a,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:a.Whichhasbeendamaged,orisdecayingorfallingby:i.Anycauseincludingbutnotlimitedtofire,uncommonneglect,water,weather,orearthmovement,generaldisrepair,instability,structuraldefects,defectsincreasingthehazardsoffire,accidents,orothercalamities,inadequateventilationanduncleanliness,inadequateelectrical,naturalgas,waterorsanitaryfacilities,inadequatedrainage,overcrowding,and77a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 65 of 72
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___ii.Whichisnotfitforoccupancy,oriii.DuetootherconditionswhichareinimicaltothehealthandwelfareoftheCityofRenton’sresidents.SECTIONXVI.Subsection1-3-3.B.27.f,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isdeletedinitsentirety.SECTIONXVII.Subsection1-3-3.C.1,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:1.Incontrolofapremisestopermit,suffer,maintain,carryonorallowuponsuchpremisesoranyportionofthepremisesthereof:a.Anuisance;orb.Achronicnuisancepremises.Ifthepcrsonincontrolisnotthclegalowner,thepersonincontrolandownerarebothjointlyliableforanychronicnuisance.BoththcownerandpersonincontrolarcsubjecttotheprovisionsandremediesofthisChapter.ApplicationofthisChapteragainstonepartydoesnotprecludeapplicationtoanotherpartywhoisanownerorpersonincontrolofachronicnuisancepremises.SECTIONXVIII.Subsection1-3-3.D,ProsecutionandPenalties,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:D.ProsecutionAndPenalties:WhenanAdministratororlawenforcementofficerinconsultationandwiththeapprovalofa—theCityAttorney’sOfficeprosecutordeterminesthatanuisance,chronicnuisance,orchronicnuisance$7a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 66 of 72
ORDINANCENO.premisesexists,orthatachronicnuisanceoranuisancethatalsoconstitutescriminalconducthasoccurredorisoccurring,theCitymayissueacriminalcitationtothepersoninchargeofthechronicnuisancepropertyandLtoanypersoninvolvedinthechronicnuisanceornuisance.Ifthcpersoninchargeissomeoneotherthantheowner,theCityshouldattempttonotifytheowner,basedontheaddressonfilewiththeKingCountyAssessor,aboutthenatureofthenuisanceandfilecriminalchargesagainstperson(s)incharge.TheCityprosecutor’sapprovalshallnotbeanelementoftheoffenseorabasisforappeal.1.TheCitymayissueacriminalcitationwhenappropriate,includingbutnotlimitedtothefollowingcircumstances:a.Whenanemergencyexists;orb.Whenachronicnuisanceoccurs;orc.Whenthenuisancecannotbequicklyremediedbyvoluntarycorrection;ord.WhenthepersoninchargeknowsorreasonablyshouldhaveknownthatthenuisanceviolatesaCityrule,regulationorordinance;ore.Thepersoninchargerefusestocommunicate,cooperatewiththeCityincorrectingthenuisance,orisunavailabletotheCity1.Whenanuisancethatconstitutesacrimehasoccurredorisoccurring.97a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 67 of 72
ORDINANCENO.2.Theviolationofanyoftheprovisionslistedaboveisamisdemeanorandmayresultincriminalprosecutioninadditiontopossibleadministrativeorcivilpenaltiesorcosts.3.EachsuchpersonshallbeguiltyofaseparateoffenseforeachandeverydayduringanyportionofwhichanyviolationofanyprovisionoftheRMCiscommitted,continued,orpermittedbyanysuchperson,andsuchpersonshallbepunishedaccordinglyandtothefullextentofthelaw.a.Thefirstcriminalviolationshallhaveamandatoryminimumsentenceoffive(5)daysinjailwithouttheoptionofelectronichomedetention,andtheminimumpenaltyforthefirstviolationshallbefivehundreddollars($500),notincludingcosts,courtcosts,fees,andassessments;however,ifsuchpersonbringsthepropertyintofullcomplianceasdeterminedbytheprosecutor,thecourtshallhavetheauthority,attheprosecutor’srequest,toimposeadeferredorsuspendedsentenceinlieuofthemandatoryminimumsentenceoffive(5)daysinjail;b.Thesecondcriminalviolationshallhaveamandatoryminimumsentenceoffifteen(15)daysinjailwithouttheoptionofelectronichomedetention,andtheminimumpenaltyforthesecondviolationshallbesixhundredtwenty-fivedollars($625),notincludingcosts,courtcosts,fees,andassessments;c.Thethirdcriminalviolationforanyindividualshallhaveamandatoryminimumsentenceofthirty(30)daysinjailwithouttheoptionof107a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 68 of 72
ORDINANCENO.electronichomedetention,andtheminimumpenaltyforthethirdviolationshallbesevenhundredfiftydollars($750),notincludingcosts,courtcosts,fees,andassessments;andd.Allothercriminalviolationsshallhaveamandatoryminimumsentenceofforty-live(45)daysinjailwithouttheoptionofelectronichomedetention,andtheminimumpenaltyshallbeonethousanddollars($1,000),notincludingcosts,courtcosts,fees,andassessments.4.PenaltiesAgainstThePersonInControl:Apersonincontrolofapremises,includingbutnotlimitedtolandlords,propertyowners,businessowners,andpropertymanagers,shallensurethat4t&—thepremises,rentalorleasedpropertyisnotusedforcriminalconduct.Thefailuretoeliminateorpreventchroniccriminalconductorchroniccriminaluseofapremisescommittedbyatenant,guest,ownerorapersoninchargeonpremisesmayresultinacriminalcitationtotheownerand/orpersonincontrol.Apersonincontrolofapremisesispresumedtoknowwhatisoccurringin,on,oraroundthepremises.Additionalnoticeisnotrequired.However,ifapersonincontrolisnotifiedbytheCityorbylawenforcementthatcriminalconducthasoccurredonthepremises,thepersonincontrolshalltakereasonablestepstoreducethelikelihoodthatcriminalconductwillreoccuronthepremises.a.Whenpossible,notificationshouldincludethefollowing:i.Thenameandaddressofthepersonincontrol;117a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 69 of 72
ORDINANCENO.ii.Thenameornamesofjythepersonswhowereresponsibleforthenuisance;iii.Theday(s)ofthenuisance;iv.Thestreetaddressorotherdescriptionsufficientforidentificationofthepremisesorpropertyuponorwithinwhichthenuisancehasoccurredorisoccurring;andv.Aconcisedescriptionofthenuisanceandareferencetotheviolatedlaw,ordinance,ruleorregulation.vi.Afailuretotakereasonablestepsshallconstitutenuisance.b.Thenotificationmaybeprovidcdwhcncverthclawenforcementofficerhasatleastareasonable“.nicionthatcriminalconducthasoccurredontherentalproperty.c.iumunrovidcdwhcnitispersonallyservedorivubycertifiedmailtothelastknownaddressoftheperson(s)incharge,landlord,and/orownerofthepremisesorrentalhousingorproperty.d.Itshallbeamisdemeanorfor:i.Apersonincor”ii.Topermit,allow,maintain,failtoeliminatenuisancesand/orsix(6)callsforservicethathaveoccurredorexistduringanysixty(60)dayperiod,ten(10)ormorecallsforservicethathaveoccurredorexistduringanyonehundredandeighty(130)dayperiod,orfourteen(14)ormorecallsforservicethathaveoccurredorexistduringanytwelve(12)monthperiod;and127a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 70 of 72
ORDINANCENO.iii.AftcrbcinscntnoticcbyanA’cnforccmcntofficcr.b.Itshallbeanaffirmativedefensethatthepersonincontrolmustpleadandprovebeyondapreponderanceoftheevidencethat(a)thepersonhastakenreasonablestepstoreducethelikelihoodthatcriminalconductwilloccurinoronthepremisesorrentalhousingorproperty,asorconsistentwiththeconditionsprovidedinsubscctionRMC1-3-3.F.8ofthisScction,or(b)hadnoknowledgeof,wasnotincontemptofcourt,andwillimmediatelyabateanysuchnuisancethatmayexist.SECTIONXIX.Subsection1-3-3.F.1,Applicability,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:1.Applicability:AfteraconvictionorfindingofguiltforaviolationofthisSectionofthecodeoranycriminalRCWorRMCcode,theCityofRentonmayabateorrequestthatthepersonincontrolabatethepremises.Theconvictionorfindingofguiltissufficienttosatisfydueprocessrequirementsandtoestablishthatanuisanceexistsorhasoccurredatthereferencedpremises.SECTIONXX.Subsection1-3-3.F.5,VoluntaryAbatementAgreement,ofChapter3,RemediesandPenalties,ofTitleI(Administrative)oftheRentonMunicipalCode,isamendedasfollows:5.VoluntaryAbatementAgreement:ItisacontractbetweentheCityandatleastone(1)personincontrolwheresuchpersonagreestoabatethe137a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 71 of 72
ORDINANCENO.nuisancewithinaspecifiedtimeandaccordingtospecifiedconditions,inexchange,ifsuccessful,fornothavinganuisanceorcriminalactioninitiated.SECTIONXXI.Thisordinanceshallbeeffectiveuponitspassage,approval,andthirty(30)calendardaysafterpublication.PASSEDBYTHECITYCOUNCILthis_
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,2015.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis___
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__dayof.2015.DenisLaw,MayorApprovedastoform:LawrenceJ.Warren,CityAttorneyDateofPublication:___
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__ORD:1851:12/4/14:scr147a. - Amending RMC 1-3-3 Clarifying and Updating Nuisance Definitions and Page 72 of 72