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REGULAR COUNCIL - 07 Dec 2015 - Agenda - Pdf
AGENDA City Council Regular Meeting 7:00 PM - Monday, December 7, 2015 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 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 30 minutes. The second comment period, later on the agenda, is unlimited in duration. When recognized, please state your name & city of residence for the record. NOTICE to all participants: pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 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 11/23/2015 Council meeting minutes. Council Concur b)City Clerk submits the 11/3/2015 General Election certification from King County Records and Elections. None; Information Only c)Administrative Services Department requests authorization to hire a System Analyst at Step D of salary grade a21, effective upon start date. Council Concur d)Community & Economic Development Department recommends approval of a contract in an amount not to exceed $100,000 with Reid Middleton, Inc. to review structural plans through 12/31/2016. Council Concur e)Community Services Department requests approval of an interlocal agreement with King County to extend the original ILA regarding the Soos Creek Trail for an additional five years and to provide clarifying language. (See 7.a. for resolution.) Council Concur f)Executive Department recommends adopting the 2016 State Legislative Priorities. Council Concur g)Fire & Emergency Services Department recommends approving the joint resolution with King County Fire District #25 regarding the submission of a proposition to qualified electors of the City and District to form a Regional Fire Protection Service Authority effective 7/1/2016. Council Concur h)Human Resources / Risk Management Department recommends approval of actions taken to update the City's 457(b) Plan documents including the City of Renton/TIAA-CREF Plan Document, Adoption Agreement, and Claims and Appeals Procedures. (See 7.b. for resolution.) Council Concur i)Utility Systems Division recommends approval of a Construction Agreement with Century Link to redesign the new storm system in SW 7th St. in exchange for CenturyLink payment of approximately $190,026 for the redesign work and additional construction materials. Council Concur j)Utility Systems Division recommends approval of a grant agreement with Washington State Department of Ecology to accept up to $50,000 between 2015-2017 for Surface Water Utility implementation requirements associated with the Western Washington Phase II Municipal Stormwater Permit. Council Concur k)Utility Systems Division requests authorization to finalize the SE 165th St. Sanitary Sewer Extension Special Assessment District in the amount of $13,000. Refer to Utilities Committee 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. a)Finance Committee: Vouchers b)Transportation Committee: Seaplane Base Dredging & Shoreline Mitigation Supplemental Agreement; Project Agreements with Washington State Department of Transportation (WSDOT)* 7.RESOLUTIONS AND ORDINANCES Resolutions: a)Amending King County Soos Creek Trail Interlocal Agreement (See item 5.e.) b)Amending Resolution No. 4221 and adopting TIAA-CREF 457(b) Plan (See item 5.h.) c)Four Project Agreements with WSDOT (See item 6.b.) Ordinances for second and final reading: d)Street Vacation Request: Portion of a Right-of-Way in the Vicinity of 300 Rainier Ave. N. (Petitioner: City of Renton) (First reading 11/23/15) e)Multi-Family Housing Property Tax Exemption Extension (First reading 11/23/15) f)Owner-Occupied Housing Incentive & Rental Housing Incentive Extension (First reading 11/23/15) 8.NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9.AUDIENCE COMMENTS 10.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Conferencing Center December 7, 2015 Monday, 6:00 p.m. Downtown Revitalization Update Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings November 23, 2015 REGULAR COUNCIL MEETING MINUTES 1 MINUTES City Council Regular Meeting 7:00 PM ‐ Monday, November 23, 2015 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President Randy Corman Armondo Pavone Don Persson Marcie Palmer Councilmembers Absent: Ruth Pérez Greg Taylor MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS RUTH PÉREZ AND GREG TAYLOR. CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Jay Covington, Chief Administrative Officer Lawrence J. Warren, City Attorney Jason Seth, City Clerk Iwen Wang, Administrative Services Administrator Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Cliff Long, Economic Development Director Chief Mark Peterson, Fire & Emergency Services Administrator Commander Kevin Keyes, Police Department AGENDA ITEM #5. a) November 23, 2015 REGULAR COUNCIL MEETING MINUTES 2 PROCLAMATION a) Small Business Saturday ‐ November 28, 2015. A proclamation by Mayor Law was read declaring Saturday, November 28, 2015 to be "Small Business Saturday" in the City of Renton, and all citizens were encouraged to 'buy local' and support small businesses and merchants on Small Business Saturday, and throughout the year. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE PROCLAMATION AS READ. CARRIED. SPECIAL PRESENTATION a) REACH Awareness Week ‐ November 22 through 29, 2015. Maggie Breen from Renton Ecumenical Association of Churches (REACH) updated Council on current events. Due to the State of Emergency (re: Homelessness) that was declared in Seattle and King County by Seattle Mayor Ed Murry and King County Executive Dow Constantine in the beginning of November, combined with November being homelessness awareness month, REACH is taking efforts this week to make the community aware of what the City and REACH have been doing together to combat the issue of homelessness and find solutions in Renton. Additionally, she provided some statistics regarding the homeless issues in Renton and provided information regarding different ways people can help homelessness reduction efforts within Renton. ADMINISTRATIVE REPORT Chief Administrative Officer Jay Covington reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2015 and beyond. Items noted were: The 2015 Independent Salary Commission will be meeting on November 24, 2015 at 9:00 a.m. The purpose of this commission is to review the salaries of Renton’s elected officials and recommend adjustments if needed. The Public Works Department would like to remind residents to help prevent local residential street flooding by monitoring catch basins near your home and keep them clear of leaves and other debris. Also, please remember that during snow and ice events, the department sanders and snow plows are dispatched to keep major arterials drivable. It is imperative that motorists do not park or abandon their vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and ice removal and impact response of emergency vehicles. Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENT a) Dave McCammon, Renton, addressed Council regarding the proposed Renton Fire Authority (RFA), and suggested the RFA Governance Board be comprised of one person from Fire District 25, one person from the City of Renton, and that the following four members be voted in from the RFA area. City Attorney Warren and Chief Administrative Officer Jay Covington clarified that the governing body for an RFA is set forth by a state statute, but that once the board is established it can modify its governance structure. AGENDA ITEM #5. a) November 23, 2015 REGULAR COUNCIL MEETING MINUTES 3 b) Karen Wimberly, Renton, REACH Boardmember, thanked small business owners for their reception of outreach for the REACH Awareness Week. She shared a story from her experience with spreading the word about how REACH and the City are working together to end homelessness in Renton. Additionally, she thanked Council for the City's partnership. CONSENT AGENDA Items listed on the consent agenda were adopted with one motion, following the listing. a) Approval of the November 16, 2015 Council meeting minutes. Council Concur. b) Human Resources / Risk Management Department recommended approval of the reclassification of a Secretary II to Administrative Secretary I position in the Public Works Department Transportation Division/Airport, effective 1/1/2016 with the increased cost of $2,796 to be absorbed by the division budget. Council Concur. c) Transportation Systems Division requested approval of four agreements, in relation to the I‐ 405/I‐5 to SR 169 State 2 ‐ Widening and SR 515 Interchange project, with the Washington State Department of Transportation (WSDOT) regarding operation and maintenance of two State‐owned luminaries, maintenance of the landscape strips and stormwater facilities, and transfer of right‐of‐way operation, maintenance, and ownership back to the City; and to adopt the related resolution. Refer to Transportation (Aviation) Committee. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS a) Council President Prince presented a Committee of the Whole report recommending concurrence in the staff recommendation to adopt the Regional Fire Authority (RFA) Plan and direct the administration to develop a joint resolution with King County Fire District #25 to submit a ballot measure for April 2016 regarding the RFA and Fire Benefit Charge. MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Planning and Development Committee Chair Corman presented a committee report recommending concurrence in staff’s recommendation that Council adopt an ordinance to amend the Property Tax Exemption for Multi‐Family Housing in Residential Targeted Areas in RMC 4‐1‐220 to extend the sunset clause for accepting new applications for the multi‐family housing property tax exemption for three years to December 31, 2018, unless further extended by City Council action. The Committee further recommends placing the ordinance regarding this matter be presented for first reading. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See below for ordinance.) c) Planning and Development Committee Chair Corman presented a committee report recommending concurrence in staff’s recommendation that Council approve the Exemption Agreement that addresses the terms and conditions for The Lofts at Second and Main project to receive a partial property tax exemption upon completion; and authorize the Mayor to execute said agreement in substantially the same form. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #5. a) November 23, 2015 REGULAR COUNCIL MEETING MINUTES 4 d) Planning and Development Committee Chair Corman presented a committee report recommending concurrence in staff’s recommendation that Council adopt an ordinance to amend the Owner‐Occupied Housing Incentive in RMC 4‐1‐210B and the Rental Housing Incentive in RMC 4‐1‐210C to extend the sunset clauses for three years to December 31, 2018, unless further extended by City Council action. The Committee further recommends placing the ordinance regarding this matter be presented for first reading. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. (See below for ordinance.) e) Utilities Committee Vice‐Chair Corman presented a committee report recommending concurrence in the staff recommendation to grant a partial release of an existing utility easement contained and described under King County Recording #8312050539, subject to the collection of the requisite processing fee from the Chris Tonkin of Bellevue TT LLC related to the Renton Highlands Taco Time / Starbucks Redevelopment Project. MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. RESOLUTIONS AND ORDINANCES Ordinances for first reading: a) Ordinance No. 5780: An ordinance was read vacating a portion of right‐of‐way in the vicinity of 300 Rainier Avenue N. (VAC 15‐003). MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/7/2015. CARRIED. b) Ordinance No. 5781: An ordinance was read amending Section 4‐1‐220, Property Tax Exemption For Multi‐Family Housing In Residential Targeted Areas, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, by extending the property tax exemption. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/7/2015. CARRIED. c) Ordinance No. 5782: An ordinance was read amending Section 4‐1‐210, Waived Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, by extending the waiver of certain development and mitigation fees. MOVED BY CORMAN, SECONDED BY PAVONE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 12/7/2015. CARRIED. AGENDA ITEM #5. a) November 23, 2015 REGULAR COUNCIL MEETING MINUTES 5 Ordinance for second and final reading: d) Ordinance No. 5779: An ordinance was read amending Section 4‐1‐160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, setting the impact fee at $4,635 per new single‐family home and $1,534 per new multi‐family in the Issaquah School District; setting the impact fee at $4,990 per new single family home and $2,163 per new multi‐family home in the Kent School District; setting the impact fee at $5,643 per new single family home and $1,385 per new multi‐family home in the Renton School District; and adopting the Capital Facilities Plans of the Issaquah, Kent and Renton School Districts. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS See attached Council committee meeting calendar. ADJOURNMENT MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME 7:29 P.M. Jason A. Seth, CMC, City Clerk Megan Gregor, Recorder Monday, November 23, 2015 AGENDA ITEM #5. a) Council Committee Meeting Calendar November 23, 2015 November 26 & 27, 2015 Thursday and Friday NO MEETINGS CITY HOLIDAY November 30, 2015 Monday NO MEETINGS Fifth Monday, Chair Prince December 1, 2015 Tuesday 11:00 AM Transportation Committee, Chair Palmer, Council Conference Room 1. Seaplane Base Dredging & Shoreline Mitigation Supplemental Agreement 2. Project Agreements with WSDOT 3. Emerging Issues in Transportation December 7, 2015 Monday 4:30 PM Public Safety Committee, Chair Pavone, Council Conference Room 1. Emerging Issues in Public Safety 2. Alcohol Impact Areas Briefing 5:30 PM Finance Committee, Chair Persson, Council Conference Room 1. Vouchers 2. Emerging Issues in Finance 6:00 PM Committee of the Whole, Chair Prince, Conferencing Center 1. Downtown Revitalization Update AGENDA ITEM #5. a) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:General Election Certification RECOMMENDED ACTION:None; Information Only DEPARTMENT:City Clerk STAFF CONTACT:Jason Seth, City Clerk EXT.:6502 FISCAL IMPACT: Expenditure Required:$ 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: The results of the 11/3/2015 General Election from King County Records and Elections are as follows: Mayor Denis W. Law - 96.97% - ELECTED Write-in - 3.03% Council Position No. 3 Marcie Palmer - 26.07% Carol Ann Witschi - 73.28% - ELECTED Write-in - 0.65% Council Position No. 4 Ryan McIrvin - 65.50% - ELECTED Monique Taylor-Swan - 34.09% Write-in - 0.40% Council Position No. 5 Ed Prince - 98.00% - ELECTED Write-in - 2.00% Council Position No. 6 (unexpired 2-year term) Ruth Pérez - 98.32% - ELECTED Write-in - 1.68% Council Position No. 7 Don Persson - 98.20% - ELECTED Write-in - 1.80% AGENDA ITEM #5. b) EXHIBITS: A. Election Certification STAFF RECOMMENDATION: None. AGENDA ITEM #5. b) ‘In.KingCountyCIyyDEC012075RECEIVEDCflyCLEROFFICESTATEOFWASHINGTON)COUNTYOFKING)ThisistocertifythatonNovember3,2015,therewasheldageneralelectionintheCityofRenton,KingCounty,Washington,fortheelectionofcandidates;ThattheresultsoftheelectionweredulycanvassedbytheKingCountyCanvassingBoardonNovember24,2015,andtheresultsofsaidcanvassareasfollows:MayorDenisW.Law9,65996.97%ElectedWrite-in3023.03%CouncilPositionNo.3MarciePalmer2,90926.07%CarolAnnWitschi8,17673.28%ElectedWrite-in720.65%CouncilPositionNo.4RyanMclrvin7,60565.50%ElectedMoniqueTaylor-Swan3,95834.09%Write-in470.40%CouncilPositionNo.5EdPrince9,20498.00%ElectedWrite-in1882.00%ElectedCouncilPositionNo.6unexpired2-yearterm9,14715698.32%1.68%RuthPerezWrite-inDepartmentofElectionsSherdiHuff,Director)SS.RNT-EL-0100I919SWGradyWay,Renton,WA98057-2906I206-296-1540flYRelay:711Iwww.kingcounty.gov/electionsAGENDA ITEM #5. b) 9,11898.20%Elected1671.80%DatedatRenton,KingCounty,Washington,this30thdayofNovember2015.CouncilPositionNo.7DonPerssonWrite-in‘SlierrilHuff,DtorAGENDA ITEM #5. b) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:New Hire Step Increase Authorization RECOMMENDED ACTION:Council Concur DEPARTMENT:Administrative Services Department STAFF CONTACT:Mehdi Sadri, Information Technology Director EXT.:6886 FISCAL IMPACT: Expenditure Required:$ N/A Transfer Amendment:$ N/A Amount Budgeted:$ 73,848 Revenue Generated:$ N/A Total Project Budget:$ N/A City Share Total Project:$ N/A SUMMARY OF ACTION: Information Technology recently completed its third recruitment session for the vacant System Analyst position. The successful candidate comes with experiences in various roles/capacities in the technology field, and is most recently earning about $70,000/yr with an alternative offer of $74,500/yr. In order to compete for a well suited, qualified candidate the closest pay range for this position will be Step D (Grade a21) $73,848 per year. This is an authorized position and the pay will be covered within the department’s budget. EXHIBITS: None. STAFF RECOMMENDATION: Approve of Step D, $73,848, beginning pay rate for the vacant System Analyst position effective upon start date. AGENDA ITEM #5. c) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:2016 Reid Middleton Contract RECOMMENDED ACTION:Council Concur DEPARTMENT:Community & Economic Development STAFF CONTACT:Craig Burnell, Building Official EXT.:7290 FISCAL IMPACT: Expenditure Required:$ 100,000 Transfer Amendment:$ N/A Amount Budgeted:$ 100,000 Revenue Generated:$ N/A Total Project Budget:$ 100,000 City Share Total Project:$ N/A SUMMARY OF ACTION: The City's contract for structural plan review services has expired. Reid Middleton has provided structural and non-structural plan review services, verifying compliance to Renton City Code requirements as a sole source supplier under contract since 1999. The amount of reviews they conduct for the City of Renton has varied, based primarily on the level of projects being presented to the City. EXHIBITS: A. Contract B. Scope of Services STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the consultant contract, not to exceed $100,000, with Reid Middleton to review structural plans submitted to the City. AGENDA ITEM #5. d) CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT (“Agreement”) is made as of the day of December, 2015, (the “Effective Date”) by and between the City of Renton, a noncharter code city under RCW 35A, and a municipal corporation under the laws of the State of Washington (hereinafter “Renton”), and Reid Middleton, (hereinafter “Consultant”), who are collectively referred to as the “Parties”, for structural and non-structural plan review services, verifying compliance to Renton City Code requirements. Renton and Consultant, for full mutual consideration as more specifically detailed below, agree: 1.Scope of Services. The Consultant will provide professional services, including but not limited to all necessary labor and/or supervision, as specified in the attached Scope of Services (Attachment 1), attached and fully incorporated into this Agreement by reference. This Agreement is the entire agreement of the Parties and supersedes all prior oral or written representation or understandings. This Agreement may only be amended by written agreement of the Parties. The Scope of Services may be amended only as provided in this Agreement, in Section 2. “Services” shall mean professional services, work, labor and/or supervision. 2.Changes in Scope of Services. Renton, without invalidating this Agreement, may order changes in the services consisting of additions, deletions or modifications, and adjust the fee accordingly. Such changes in the services shall be authorized by written agreement signed by Renton and Consultant. If the project scope requires less time, a lower fee will be charged. If additional work is required, Consultant will not proceed without a written change order from Renton. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall remain in full force and effect to serve the purposes and objectives of this Agreement. 3.Time of Performance. Consultant shall complete performance for the items under Consultant’s control in accordance with Attachment 1. If items not under Consultant’s control impact the time of performance, Consultant will immediately notify Renton in writing. 4.Term of Consultant Agreement. The term of this Agreement shall end at completion of the Scope of Services identified in Attachment 1, but no later than December 31, 2016. The Parties may, upon mutual written agreement, extend this Agreement to accomplish change orders. AGENDA ITEM #5. d) 5.Consultant Agreement Sum. Renton shall make payment for services to Consultant for completed services consistent with and as provided in the attached estimate Fee Structure (Exhibit A), attached and fully incorporated into this Agreement by reference. Such payment shall be the full compensation for services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the services. The total amount of this Agreement is not to exceed the sum of One Hundred Thousand and no cents ($100,000). Washington State Sales Tax is not required. Renton, in entering into this Agreement, does not guarantee that any services will be requested nor guarantees any specific dollar amount of services during the term of this Agreement. 6.Method of Payment. Payment by Renton for services rendered will be made after a voucher or invoice is submitted in the form specified by Renton. Payment will be made within thirty (30) calendar days after receipt of such voucher or invoice. Renton shall have the right to withhold payment to Consultant for any work not completed in a satisfactory manner until such time as Consultant modifies such services so that the same is satisfactory to Renton. 7.Record Maintenance and Work Product. Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and services provided in the performance of this Agreement. Consultant agrees to provide Renton with access to any records. All originals and copies of work product, exclusive of Consultant’s proprietary items protected by copyright such as computer programs, methodology, methods, materials, and forms, shall belong to Renton, including records, files, computer disks, magnetic media or material which may be produced by Consultant while performing the services. Consultant will grant Renton the right to use and copy Consultant copyright materials as an inseparable part of the work product provided. 8.Assignment Agreement. The Consultant shall not assign any portion of this consultant Agreement without the City of Renton’s express written consent. 9.Hold Harmless. Consultant shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Consultant’s own employees, agents and volunteers, or damage to property caused by Consultant’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Renton agrees to indemnify Consultant from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, legal expenses and litigation costs, arising out of claims by third-parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Renton, Renton’s employees, agents or volunteers in connection with this Consultant Agreement. AGENDA ITEM #5. d) Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and Renton, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this agreement. 10.Insurance. Consultant shall secure and maintain: a.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate throughout the duration of this Agreement. b.Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to Renton that are excluded in the commercial general liability insurance. c.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d.It is agreed that on Consultant’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. e.Subject to Renton’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to Renton before executing the work of this Agreement. f.The Consultant shall provide Renton with written notice of any policy cancellation, within two business days of their receipt of such notice. 11.Independent Contractor. Consultant’s employees, while engaged in the performance of any of Consultant’s services under this Agreement, shall be considered employees of the Consultant and not employees, agents or representatives of Renton. Consultant’s relation to Renton shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Consultant employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of AGENDA ITEM #5. d) Consultant’s employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Consultant’s obligation and responsibility. 12.Compliance with Laws. Consultant and Consultant’s employees and volunteers shall perform the services required in this Agreement in accordance with all applicable federal, state, county and city laws, rules, regulations, and executive orders. A copy of this language must be made a part of any contractor or subcontractor agreement. 13.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the services performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of services or any other benefits under this Agreement, or procurement of materials or supplies. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. In the event of non-compliance by the Consultant with any of the non-discrimination provisions of the contract, Renton shall have the right, at its option, to cancel the Agreement in whole or in part. If this Agreement is canceled after part performance, Renton shall be obligated to pay the fair market value or the contract price, whichever is lower, for good or services which have been received and accepted. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. Renton requires all businesses and individuals doing business in Renton to have and maintain a valid City of Renton business license. (For information contact licensing at 425-430- 6851). 14.Other Provisions: AGENDA ITEM #5. d) a.Administration and Notices. Each individual executing this Agreement on behalf of Renton and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of Renton or Consultant. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. This Agreement shall be administered by and any notices should be sent to: CITY OF RENTON CONSULTANT Craig Burnell, Building Official City of Renton Development Services 1055 South Grady Way Renton, Washington 98057 Reid Middleton 728 134th St SW #200 Everett, WA 98204 b.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. c.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. d.Joint Drafting Effort. This Contract shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. e.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington. f.Severability. A determination by a court of competent jurisdiction that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of such provision of this Agreement, which shall remain in full force and effect. g.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. h.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than AGENDA ITEM #5. d) the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. i.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either Renton or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of Effective Date identified above. CITY OF RENTON _____________________________ CONSULTANT ____________________________ Denis Law, Mayor City of Renton 1055 South Grady Way Renton, Washington 98057 Reid Middleton 728 134th St SW #200 Everett, WA 98204 ______________________________ Date Approved as to Legal Form _______________________________ _____________________________ Date Attest _____________________________ Lawrence J. Warren Renton City Attorney ________________________________ Jason Seth Renton City Clerk ______________________________ Date Date AGENDA ITEM #5. d) Attachment 1 Reid Middleton SCOPE OF WORK On behalf of the Development Services Division, Reid Middleton will perform structural and non-structural plan review for proposed new and remodeled building projects within the City. Qualified consultants subcontracted directly to Reid Middleton may perform the non-structural plan review. Structural plans and non-structural plans are reviewed for compliance with structural provisions of adopted codes and reference standards. Review may include: Geotechnical engineering recommendations related to project features. Plan review relating to architectural and/or fire and life safety project features. Other structural engineering services, such as field evaluation of buildings, client meetings as specifically requested by the Development Services representative. Reid Middleton shall complete the specified work generally within twenty-one (21) calendar days of written notification by the City. (Large and/or complex projects may take longer to review but require concurrence by the City for a time extension.) Upon completion of each plan review, Reid Middleton will furnish a summary plan review letter directly to the City outlining discrepancies in the plans, reports and/or calculations (if any). Reid Middleton will perform a follow-up plan review within fourteen (14) calendar days as required by the City to confirm that plans have been corrected adequately according to the original plan review. In these instances, Reid Middleton will furnish an additional letter directly to the City summarizing the results of the review. AGENDA ITEM #5. d) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:Amendment to 2009 King County Soos Creek Trail Interlocal Agreement RECOMMENDED ACTION:Council Concur DEPARTMENT:Community Services STAFF CONTACT:Leslie Betlach, Parks Planning and Natural Resources Director EXT.:6619 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: King County is the lead agency for the regional Soos Creek Trail which is planned to extend from Lake Meridian in Kent north to the Cedar River Trail at SR 169. The trail has currently been constructed from Kent to the southern Renton City Limits at South East 192nd Street. In 2009, the City of Renton and King County executed an Interlocal Agreement (ILA) designating duties to the County related to acquiring and administering building permits for Phase V construction of the Soos Creek Trail, portions of which are located within the Renton City Limits. In 2014, the City and King County reviewed the 60% design for the trail as well as the executed 2009 ILA. As per the ILA (paragraph 12) the City and King County agreed in writing to extend the ILA for five (5) years through December 31, 2019. The parties also desired to clarify the language previously provided attention in prior correspondence. "Addendum A" provides clarification for the following four items: 1.King County will be responsible for reviewing and issuing all permits related to the ILA and agrees to give the City's comments substantial consideration prior to issuing a final permitting decision. 2.The Renton Municipal Code shall govern areas inside the City of Renton and King County's development regulations shall govern all other areas. 3.The tunnel undercrossing at Petrovitsky Road shall be designed to serve as a regional trail facility. 4.All impacts to critical and shoreline areas within the City of Renton will be mitigated within the City. Executing this Addendum provides clarity to both King County and the City of Renton. EXHIBITS: A. Addendum A to 2009 Interlocal Agreement B. Executed 2009 Interlocal Agreement C. Resolution to Enter into Addendum A STAFF RECOMMENDATION: Authorize the Mayor to execute Addendum A to the 2009 Interlocal Agreement between King County and the City of Renton for the Soos Creek Trail. AGENDA ITEM #5. e) 1 ADDENDUM A TO 2009 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON RELATING TO PROCESSING OF CLEARING/GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL King County (the “County”) and the City of Renton (the “City”) executed an Interlocal Agreement (“ILA”) on January 4, 2009, designating certain duties to the County related to acquiring and administering building permits for Phase V construction of the Soos Creek Trail, portions of which would be located within City limits. Following years of field study, trail design work, and staffing changes, the parties met in November and December 2014 to revisit details of the ILA and sixty percent (60%) design for trail. As a result of these meetings, on December 23, 2014, the parties agreed, in writing, to extend the ILA for a full five (5) years, through December 31, 2019, as provided for in paragraph 12 of the ILA. The parties now desire to acknowledge or clarify language in the ILA that the City has called attention to in prior correspondence. NOW, THEREFORE, the County and the City acknowledge, reiterate, and agree that the intent of the parties to the ILA is as follows: 1. King County will be responsible for reviewing and issuing all permits related to this ILA, but agrees to give the City’s comments substantial consideration before issuing a final permitting decision. 2. The Renton Municipal Code, including the critical area and shoreline development standards, shall govern those areas inside the City of Renton boundaries. King County development regulations shall govern all other areas applicable to the ILA. 3. The tunnel shall be designed to serve as a regional trail facility to include adequate width and height for trail use. The design shall also consider the practical limitations of the trail and roadway elevations and existing utilities. 4. Regarding mitigation monitoring: All impacts to critical and shoreline designated areas resulting from trail construction within the City will be physically mitigated within the City in one of the following manners: (a) all impacts within the City will be mitigated according to City’s standard at the time of construction adjacent to the area of impact; or (b) if mitigation cannot occur adjacent to the impact, mitigation shall occur within the City limits as approved by the City. All other terms and conditions of the ILA shall remain in full force and effect. [The remainder of this page is blank; signatures follow.] AGENDA ITEM #5. e) 2 IN WITNESS WHEREOF, the Parties have executed this Addendum A. KING COUNTY ______________________________ Kevin R. Brown, Director Parks and Recreation Division __________________ Date Signed CITY OF RENTON ______________________________ Denis Law, Mayor __________________ Date Signed Attest: ______________________________ Jason A. Seth, City Clerk AGENDA ITEM #5. e) CAG —O9 —1 8 5 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON RELATING TO PROCESSING OF CLEARING/GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL THIS AGREEMENT is made and entered into this day by and between the City of Renton,a municipal corporation in the State of Washington (hereinafter referred to as the “City”)and King County,a home rule charter County in the State of Washington (hereinafter referred to as the “County”). WHEREAS,the City annexed an area of unincorporated King County described in Attachment 1 and may annex additional areas of unincorporated King County (collectively referred to as the “Annexation Area”);and WHEREAS,all local governmental authority and jurisdiction with respect to the Annexation Area transfered from the County to the City upon the date of annexation;and WHEREAS,the County is proceeding with Phase V of the Soos Creek Trail extension and portions of this extension will be located within the City,and future phases,if any,of the Soos Creek Trail extension will include portions located within the City;and WHEREAS,the Countyand City agree that having County staff process on behalf of the City all clearing/grading and associated building permit applications for the Soos Creek Trail extension, including permitsfor portions located within the City,for a transitional period will assist in an orderly transfer of authority and jurisdiction;and WHEREAS,it is the parties’intent by virtue of this Agreement that any and all discretionary decisions shall be made by the City;and WHEREAS,this Agreement is authorized by the Interlocal Cooperation Act,RCW Chapter 39.34; NOW,THEREFORE,in considerationof the terms and provisions,it is agreed by and between the City and the County as follows: l.Fees.The City shall adopt legislation authorizing the County to charge applicants fees in amounts currently speci?ed or hereafter adopted in King County CodeTitle 27 for applications processed by the County in accordance with the terms of this Agreement. 2.Processing of Permit Applications. 2.1 Except as otherwise provided for herein,the County shall review on behalf of the City all clearing/grading and any associated building permit applications for Phase V of the Soos Creek Trail extension and future phases of the Soos Creek Trail extension,if any.This review includes review of clearing/grading and any associated building permit applications for those portions of the trail which are located within the City.The County’s review of permit applications for those portions of the trail which are located within the City shall occur in accordance with the City’s regulations to which the applications are vested and in accordance with the terms contained in this Agreement.Any decision AGENDA ITEM #5. e) regarding whether or when an application has vested shall be made by the City.The City may rescind this authorization in accordance with the terms contained in Section l6. 2.-2 Except as provided in Section 3 of this Agreement,the County’s review of clearing/grading and associated building permits shall include rendering decisions to approve,condition or deny such applications;conducting inspections;issuing correction notices,permit extensions and completion of extensions;and evaluating compliance with approval conditions that extend beyond issuance of a certi?cate of occupancy.The County agrees to consult with the City prior to rendering any administratively appealable clearing/grading or associated building permit decision.Appeals of clearing/grading and associated building permit decisions,if any,shall be processed by the City; provided that the City and County may agree to have the County conduct such appeals on behalf of the City in particular instances where such processing by the County would further the orderly transition envisioned by this Agreement.At the City’s request the County will provide testimony at public hearings. 2.3 The County shall review and make recommendations to the City’s designated decision maker on applications to vary adopted road or drainage standards that are made in conjunction with a clearing/grading or associated building permit application being reviewed by the County pursuant to this Agreement.All ?nal decisions on such variance applications shall be rendered by the City. 3.Permit Renewal or Extension.The County shall review and make a recommendation to the City on requests to renew permits that are approaching their expiration date without having completed the permitted activity.The City shall render any final decisions on such requests.- 4.Records Management Upon Completion of Review or Termination.The County shall provide the City with a copy of ?les and records of all clearing/grading and associated building permits processed under this Agreement upon completion of permit review or termination of the Agreement under Section 11,whichever comes ?rst. 5.SEPA Compliance. 5.1.In order to satisfy the procedural requirements of the State Environmental Policy Act (SEPA),the City and the County agree that the County will serve as lead agency for all clearing/grading and any associated building permit applications involving the Soos Creek Trail extension.The SEPA responsible official designated pursuant to King County Code section 20.44.0110shall serve as the SEPA responsible of?cial to make threshold determinations and to supervise the preparation and content of environmental review. 5.2.Any and all appeals from SEPA threshold determinations and other SEPA matters relating to permits for the Soos Creek Trail extension processed under this Agreement shall be heard and decided by the County pursuant to the King County Code. 5.3.Any decision whether to condition or deny an application on SEPA grounds shall be made by the County. 6.Administrative and Ministerial Processing.County review speci?ed in this Agreement is intended to be of an administrative and ministerial nature only.Any and all ?nal recommendations on Renton lnterlocal Agreement -2 Permit Processing for Soos Creek Trail Extension AGENDA ITEM #5. e) decisions of a discretionary nature shall be made by the City’s designated decision maker and processed pursuant to the City’s applicable review and appeal procedures. 7.Financial Guarantees.Any ?nancial guarantee that is intended to secure compliance with project conditions that are being or will be reviewed by the City shall be turned over to or posted with the City, which shall have sole authority and discretion over its release and/or enforcement.Any ?nancial guarantee that has been posted or is otherwise required in order to guarantee compliance with conditions that are being reviewed by the County pursuant to this Agreement shall be retained by or posted with the County.On behalf of the City,the County is authorized to accept such ?nancial guarantees and to release them where it determines that conditions for release have been satis?ed.In making such decisions whether to release a ?nancial guarantee instrument,the County may at any time seek direction from the City.The City shall be solely responsible for making any demands or initiating any legal action to enforce ?nancial guarantees. 8.Processing Priority.Within budgetary constraints,the County agrees to process building~ related and land use permit applications in accordance with the County’s administrative procedures,at the same level of service as provided to County applications. 9.Fees and Reimbursement. 9.1 In order to cover the costs of providing services pursuant to the terms of this Agreement, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances adopted by the City pursuant to Section 1 above,or as may be modi?ed at some future date by the County and the City. 9.2 For all applications excluded from County processing or transferred to the City pursuant to the terms of this Agreement,the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application.Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 9.3 In order to cover the costs of providing review,technical and administrativeassistance, and other services not otherwise reimbursed pursuant to this Agreement,including but not limited to providing testimony at public hearings pursuant to the City’s request,the City shall pay the County at such hourly rate as speci?ed in the version of King County Code Title 27 in effect at the time the services are perfonned.The County shall not seek reimbursement under this section for review services performed on an individualpermit application where the County has already been fully compensated for such services by the receipt of permit application review fees.The County shall provide the City with quarterly invoices for assistance and services provided,and the City shall tender payment to the County within thirty days after the invoice is received. 10.Duration.This Agreement shall become effective upon approval by the City and the County and shall continue until December 31,2014,unless otherwise terminated in accordance with Section 11 or extended in accordance with Section 12. ll.Termination.Either party may terminate this Agreement upon providing at least sixty (60)days written notice to the other party.Upon expiration or termination of this Agreement,the County shall Renton Interlocal Agreement 3 Permit Processing for Soos Creek Trail Extension AGENDA ITEM #5. e) cease further processing and related review of applications it is processing under this Agreement.The County shall thereupon transfer to the City those application ?les and records,posted ?nancial guarantee instruments,and unexpended portions of ?ling fees for pending land use and building-related applications.Upon transfer,the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. 12.Extension.The City and County may agree to extend the duration of this Agreement through December 31,2019 or to a date prior thereto.In order for any such extensions to occur,the City shall make a written request to the County not less than sixty (60)days prior to the otherwise applicable expiration date.Any agreement by the County to the proposed extension(s)shall be made in writing.If the parties have not agreed to the extension in writing by the otherwise applicable expiration date,the Agreement shall expire. 13.Indemni?cation,Hold Harmless and Defense. 13.1 The County shall indemnify and hold harmless the City and its of?cers,agents and employees,or any of them from any and all claims,actions,suits,liability,loss,costs,expenses,and damages of any nature whatsoever,by reason or arising out of any negligent action_or omission of the County,its of?cers,agents,and employees,or any of them,in performing obligations pursuant to this Agreement.In the event that any suit based upon such a claim,action,loss,or damage is brought against the City,the County shall defend the same at its sole cost and expense,provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved,and if ?nal judgment be rendered against the City and its of?cers,agents,and employees,or any of them,or jointly against the City and County and their respective of?cers,agents,and employees,or any of them,the County shall satisfy the same. 13.2 The City shall indemnify and hold harmless the County and its of?cers,agents and employees or any of them from any and all claims,actions,suits,liability,loss,costs,expenses,and damages of any nature whatsoever,by reason or arising out of any negligent action or omission of the City,its of?cers,agents,and employees,or any of them,in performing obligations pursuant to this Agreement.In the event that any suit based upon such a claim,action,loss,or damage is brought against the County,the City shall defend the same at its"sole cost and expense,provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved;and if ?nal judgment be rendered against the County and its of?cers,agents,employees,or any of them,or jointly against the City and County and their respective of?cers,agents,and employees or any of them,the City shall satisfy the same. 13.3 The City and the County acknowledge and agree that if such claims,actions,suits, liability,loss,costs,expenses and damages are caused by or result from the concurrent negligence of the City,its agents,employees,and/or officers and the County,its agents,employees,and/or of?cers,this section shall be valid and enforceable only to the extent of the negligence of each party,its agents, employees and/or officers. 13.4 In executing this Agreement,the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part from the existence or effect of City ordinances,rules,regulations,policies or procedures.If any cause,claim, suit,action or proceeding (administrative or judicial),is initiated challenging the validity or applicability Renton Interlocal Agreement 4 Permit Processing for Soos Creek Trail Extension AGENDA ITEM #5. e) of any City ordinance,rule or regulation,the City shall defend the same at its sole expense and if judgment is entered or damages awarded against the City,the County,or both,the City shall satisfy the same,including all chargeable costs and attorneys‘fees. 14.Personnel.Control of County personnel assigned by the County to process applications under this Agreement shall remain with the County.Standards of performance,discipline and all other aspects of performance shall be governed by the County. 15.Administration.This Agreement shall be administered by the County Director of Development and Environmental Services or his/her desi-gnee,and by the City’s designated decision maker or his/her designee. 16.Amendments.This Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded.Any modi?cations to this Agreement shall be in writing and signed by both parties. 17.Legal Representation.The services to be provided by the County pursuant to this Agreement do not include legal services,which shall be provided by the City at its own expense. .18.No Third Party Bene?ciaries.This Agreement is made and entered into for the sole protection and bene?t of the parties hereto.No other person or entity shall have any right of action or interest in this Agreement based upon any provision set forth herein. IN WlTNESSWHEREOF,the parties have causedthis Agreement to be executed. KING COUNTY [C ‘/L‘/0 cl’ KingCounty Executive Dated Approved as to Form: DANIEL T.SATTERBERG King County Prosecuting Attorney By:%13503,U0? Senior eputyP secutingAttorney Dated Renton Interlocal Agreement 5 Permit Processingfor Soos Creek Trail Extension AGENDA ITEM #5. e) CITY OF RENTON ?lm»‘DenisLaw,Mayor ATTEST ®,,“‘g{.44/gggg //«.3~¢2oa7 Bonnie Walton,City Clerk Dated Approved as to Form ’ City Attorney Renton Interlocal Agreement 6 Permit Processing for Soos Creek Trail Extension AGENDA ITEM #5. e) Attachment 1 Benson Hill Annexation Legal Description BENSON HILL ANNEXATION LEGAL DESCRIPTION The lands included within the subject annexation are situated in parts of,Sections 2l ,27,28,29, 31,32 and 33 in Township 23 North,and Sections ‘5and 6 in Township 22 North,all in Range ‘S East,W.M.,in King County,Washington,said annexation area being more particularly described as lying within the following described boundary: Beginning at the southeast corner of those lands annexed to the City of Renton under Ordinance No.1961 in the Southeast quarter of said Section 21 said southeast corner also being the point of intersection of the west line of the Southeast quarter of the Southeast quarter of said Section 21 and the southwesterly right of way margin of the City of Seattle Cedar River Pipe Line; Thence southeasterly along said southwesterly margin,crossing SE 160th Street,to the south line of ‘saidSoutheast quarter; Thence westerly,along said south line to an intersection with the east line of the west halfof the Northeast quarter of said Section 28; Thence southerly along said east line,to the northerly right of way margin of SE 164th Street; Thence easterly along said northerly margin to the point of intersection with the northerly extension of the easterly right of way margin of 128th Ave SE; Thence southerly along said northerly extension and the easterly margin thereof to the north line of the south half of said Northeast quarter; Thence easterly along said north line to an intersection with the east line of said Section 28; Thence southerly along said east line,to the northwest comer of “Tract A”,Fairwood Park Division 7,as recorded under Volume 116 of Plats,Pages 88 through 90,said records,in said Section 27; Thence generally easterly,southerly,westerly and southerly along the various courses of said “Tract A”,to a point on the northerly right’of way margin of SE Petrovitsky Road (Petrovitsky Road Revision,Est.'5-28-62),in the Southwest quarter of the Southwest quarter of ‘saidSection 27; Thence southeasterly perpendicular to the centerline of said SE Petrovitsky Road,a distance of 92'to the southerly margin thereof‘; Thence ‘southwesterly,westerly and northwesterly along the various courses of said southerly right of way margin,crossing 128th Avenue SE,to the northwest corner of that portion of 128th Avenue SE dedicated per deed under King County Rec.No.20000913001594,on the westerly AGENDA ITEM #5. e) right of way margin of 128th Avenue SE; Tience southeasterly and southerly along said westerly right of way margin,to an intersection with the east line of the west half of the Southeast quarter of said Section 28; T ience southerly along said east line,to the southeast corner of said subdivision said southeast corner also being the northeast corner of the Northwest quarter of the Northeast quarter of said Section 33; T 161106 southerly along the east line of said subdivision,to the southeast comer thereof,said southeast corner also being the northwest corner of the Southeast quarter of the Northeastquarter of said Section 33; T 161106 easterly along the north line of said subdivision,to an intersection with the northeasterly right of way margin of a 100‘wide Puget Sound Power &Light Transmission Line right of way; T161106southeasterly along said northeasterly right of way margin,to an intersection with the northeasterly extension of the southeasterly lines of Lots 2 and 3,King County Short Plat No. 7794 63R,recorded under King County Rec.No.8105060679; T161106southwesterly along said extension and the southeasterly lines of said lots,to an intersection with the northeasterly line of Lot 1,King County Short Plat No.C1077001,recorded under King County Rec.No.7806080590; ICDCC northwesterly and southwesterly along the northeasterly and northwesterly lines of said 0t 1,to the most westerly corner thereof,said corner also being a point on the south line of Lot of ‘said short plat; Nl""H T ience westerly along said south line,to the northeast corner of Lot 4,King County Short Plat No.775088,recorded under King County Rec.No.7710200755; T ience southwesterly along the east line of said Lot 4 to the southeast corner thereof,said corner also being on the northwesterly line of Boulevard Lane Division No.2,as recorded under Volume 82 of Plats,Pages 20 and 21,said records; T 16I1C6 continuing southwesterly along said northwesterly line,and southerly along the westerly line of Boulevard Lane Division 1,as recorded under Volume 80 of Plats,Pages 89 and 90, records of King County,Washington,to the westernmost southwest corner of said plat,said southwest corner also being on a line 1073.56 feet north of and parallel with the south line of the Southeast quarter of said Section 33; Thence westerly along said parallel line,to a point 300.00 feet easterly of the west line of said subdivision,as measured perpendicular thereto,said point also being on the north line of Boulevard Lane Park,as deeded to King County under King County Rec.No.1999101 1001557; Thence southeasterly along the east line of said park to the point of intersection of a line 422 feet AGENDA ITEM #5. e) east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel with the south line of said subdivision; Thence continuing southerly along said east line,parallel with the west line of said subdivision, to a point on the northerly right of way margin of SE 192nd Street,said northerly right of way margin being 50 feet northerly of the south line of said Section 33 and the centerline of SE 192nd Street; Thence westerly along the various courses of said northerly right of way margin,crossing 120th Avenue SE,116th Avenue SE,114th Place SE and 1 13th Way SE to its intersection with the easterly right of way margin of State Route 515,said intersection being 40 feet right of Station 270+50 per Washington State Department of Highways,Right of Way Plan SR 515 MP 3.87 to MP 5.15,Renton Vicinity:SE 196th to Carr Road,Sta 2S7+00 to Sta 283+00,Sheet 2 of 4 Sheets in said Section 32; Thence westerly,crossing State Route 515 (108th Avenue SE),to a point 40 feet left of Station 270+40 per said Right of Way Plan; Thence southerly along the various courses of the westerly right of way margin of State Route- 515 (l08th Avenue NE),crossing SB l92nd Street,SE 196th Street and SE 199th Street,to the northerly right of way margin of SE 200th Street in the north west quarter of said Section 5; Thencewesterly along the various courses of said northerly right of way margin,crossing 106th Avenue SE,105th Avenue SE and 104th Avenue SE,to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3885; Thence northerly,easterly and westerly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos.3885 &3109 to the point where said existing limits as annexed under City of Renton Ordinance No.3109 leaves the section line common to Sections 5 &6 and enters said Section 6; Thence northerly along said common section line to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3268; Thence generally northerly and easterly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos.(in order from south to north) 3268,S205,5041,3268,4069,1743,4476,1971,3864,1971,5236,1971,3742,1971,3108, 1909,5208,3730,2224,1871 and 1961 to the Point of Beginning; EXCEPT the north 100 feet of the west 230 feet of the South half of the South half of the Northwest quarter of the Southeast quarter of said Section 29,previously annexed to the City of Renton under Ordinance No.3432. TOGETHER WITH the following: That portion of Lot 3,King County Short Plat 779l63R recorded under King County Rec.No. AGENDA ITEM #5. e) 8105060679,within the South half of the Northeast quarter of the Northeast quarter of said Section 33,if any;and Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said Section '5,lying southerly,westerly,southerly and westerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance Nos.(in order from north to south):3268, 3751,and 3109,and lying northerly of the northerly right of way margin of S.200th Street;and That portion of the Northwest quarter of said Section 5,lying northerly of the northerly right of way margin of S.200th Street,westerly and southerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3885,and easterly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No.3109. AGENDA ITEM #5. e) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM A TO THE 2009 INTERLOCAL AGREEMENT WITH KING COUNTY RELATING TO PROCESSING OF CLEARING, GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL. WHEREAS, King County (the “County”) and the City of Renton (the “City”) executed an Interlocal Agreement (“ILA”) on January 4, 2009, designating certain duties to the County related to acquiring and administering building permits for Phase V construction of the Soos Creek Trail, portions of which would be located within City limits; and WHEREAS, following years of field study, trail design work, and staffing changes, the parties met in November and December 2014 to revisit details of the ILA and design for trail; and WHEREAS, as a result of these meetings, on December 23, 2014, the parties agreed, in writing, to extend the ILA for a full five (5) years, through December 31, 2019, as provided for in paragraph 12 of the ILA; and WHEREAS, the parties now desire to acknowledge or clarify language by entering into an addendum to the ILA that the City has called attention to in prior correspondence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. AGENDA ITEM #5. e) RESOLUTION NO.________ 2 SECTION II. The Mayor and City Clerk are hereby authorized to enter into Addendum A to the 2009 Interlocal Agreement with King County relating to processing of clearing, grading and associated building permit applications for the Soos Creek Trail. PASSED BY THE CITY COUNCIL this ______ day of ________________, 2015. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of ________________, 2015. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1682:9/2/15:scr AGENDA ITEM #5. e) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:2016 Legislative Priorities RECOMMENDED ACTION:Council Concur DEPARTMENT:Executive STAFF CONTACT:Preeti Shridhar, Deputy Public Affairs Administrator EXT.:6569 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: Prior to each state legislative session, the City Council considers documents that summarize the City's position on current state issues. The 2016 State Legislative Priorities and 2016 State Legislative Agenda Support/Oppose Bills serves as a guidance for City staff as it works with the legislature to achieve the city's goals. EXHIBITS: A. 2016 Legislative Priorities and 2016 State Legislature Agenda Support/Oppose Bills STAFF RECOMMENDATION: Adopt the 2016 Legislative Priorities as proposed. AGENDA ITEM #5. f) CITY OF RENTON 2016 Legislative Agenda Fiscal Stability/Infrastructure/Local Needs Renton urges lawmakers to protect critical “state-shared” revenues, to avoid funding cuts for public safety needs, and to provide more tools and authority to address local needs and control costs. Liquor Revolving Account. Renton will strongly support ongoing efforts by the Association of Washington Cities (AWC) and individual cities to remove statutory caps and restore growth in Liquor Revolving Account (“Liquor Profit”) revenues. Public Records. Renton will support 2016 legislation to help cities better manage the rapid growth in public records requests and enact efficiencies in the Public Records Act including options to deal with requests that are more about harassment than transparency, and cost recovery for electronic and commercial requests. Public Works Assistance Account (PWAA). Renton will strongly support 2016 initiatives to either restore funding within the PWAA or to develop a similar program to provide low-interest loans for basic infrastructure needs. Public Safety/Mental Health Renton strongly supports funding and tools that assist local efforts to provide vital public safety service to communities. Looking ahead to 2016, the city also will strongly support efforts related to mental health. Regional Fire Authorities. Renton will support efforts to change the Regional Fire Authority statutes so they align with those for Fire Districts—including a simple majority threshold for levy renewals. Mental Health. Renton will support funding and policy efforts to help local communities address growing burdens in assisting the mentally ill and homeless, including additional beds, facilities, services, and shelters. The city also will strongly support policy bills to better ensure that those with mental health challenges can get the treatment and support they need. AGENDA ITEM #5. f) CITY OF RENTON // 2016 Legislative Agenda Support/Oppose Issues Budgets, Tax-Revenue Supports sustainable funding for local revenue options, including modifying the 1 percent annual growth cap on property tax. Opposes legislation that undermines revenue or removes/ pre-empts local authority. Criminal Justice/Law Enforcement/ Courts/Fire-EMS Supports legislation that would make body cameras more feasible through Public Records Act definitions, including the resolution of issues related to storage and retention. The city also wants to ensure there are clear rules and guidance for when officers in the field should have body cameras turned on/off. Supports any legislative initiative that specifically ties relicensing requirements to decriminalizing of Driving While License Suspended-3rd Degree (3-DWLS). Supports an Operating Budget request being led by the Washington Association of Sheriffs & Police Chiefs (WASPC) and the City of Kent for gangs database funding for training and overtime. Supports ensuring that current levels of Basic Law Enforcement Academy (BLEA) funding be preserved or enhanced. Supports legislation making a 4th DUI a felony. Opposes legislation removing local control on fireworks limits and bans (SB 5914). Economic Development/ Infrastructure Supports HB 2262 on special license plates & funding. Supports ensuring that any flood control/water supply / stormwater infrastructure funding package be equitable to all parts of the state. Supports updates and revisions that ensure the basic structure and unbiased scoring and ranking features, of the 25-year-old Washington Wildlife Recreation Program remains intact. Fiscal (includes Personnel/HR Issues) Opposes any bill that restricts our current local option authority by mandating deferred compensation programs be purchased through the state. Opposes legislation to expand “presumptive disease” assumptions for purposes of Workers’ Compensation responsibilities, if it arises. Housing, Human Services Supports a City of Seattle-promoted initiative that an 8- and 12-year multi-family housing property tax exemption program be extended to renovation of existing housing stock that is deteriorated. Supports establishment of a new “REET 3” with focus on funds toward affordable housing. Land-Use/GMA Supports ensuring current laws and best practices Upholding Urban Growth Areas are maintained. Opposes additional changes to Growth Management Act vesting laws. Local Government (including Public Records Act) Supports any effort to reinforce and clarify the recreational immunity statutes as they relate to multi-purpose trails. Transportation/Transit Supports any legislation to ensure that emergency vehicles not be required to pay tolls to use HOT lanes. AGENDA ITEM #5. f) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:Joint Resolution - RFA Plan RECOMMENDED ACTION:Council Concur DEPARTMENT:Fire & Emergency Services STAFF CONTACT:Chad Michael, Deputy Chief EXT.:7061 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: Council approved a Committee of the Whole report adopting the Regional Fire Authority (RFA) Plan and directing the administration to develop a joint resolution with King County Fire District #25 on 11/23/2015. The resolution has been drafted, and the administration is now requesting a public hearing be set for 12/14/2015, to consider adopting the resolution providing for the submission to qualified electors of the City and the District, a Special Election to be held on 4/26/2015 pursuant to RCW 52.26, of a proposition that approves a plan to form a Regional Fire Protection Service Authority within the boundaries of the City of Renton and King County Fire District #25, effective 7/1/2016, to be funded by a property tax levy and a new six-year benefit charge. EXHIBITS: A. Draft Resolution STAFF RECOMMENDATION: Set a public hearing on 12/14/2015 to consider the joint resolution between the City of Renton and King County Fire District #25 regarding the submission of a proposition to the qualified electors of the City and the District, at a Special Election on 4/26/2016, to approve the plan to form a Regional Fire Protection Service Authority effective 7/1/2016. AGENDA ITEM #5. g) 1 CITY OF RENTON, WASHINGTON KING COUNTY FIRE PROTECTION DISTRICT NO. 25 CITY OF RENTON RESOLUTION NO. ________ KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO. ________ A JOINT RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AND THE BOARD OF COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. 25, PROVIDING FOR THE SUBMISSION TO QUALIFIED ELECTORS OF THE CITY AND THE DISTRICT, A SPECIAL ELECTION TO BE HELD ON APRIL 26, 2016, PURSUANT TO CHAPTER 52.26 OF THE REVISED CODE OF WASHINGTON, OF A PROPOSITION THAT APPROVES A PLAN TO FORM A REGIONAL FIRE PROTECTION SERVICE AUTHORITY WITHIN THE BOUNDARIES OF THE CITY AND THE DISTRICT, EFFECTIVE JULY 1, 2016, TO BE FUNDED BY A PROPERTY TAX LEVY AND A NEW SIX‐YEAR BENEFIT CHARGE. WHEREAS, the ability to respond to emergency situations by fire protection and emergency medical service agencies has not kept up or progressed with community needs and special service demands. Providing an effective fire protection and emergency medical service system requires a collaborative partnership and responsibility among local and regional governments and the private sector; and WHEREAS, the delivery of core emergency services and timely development of significant projects can best be achieved through stable funding options for regional fire protection and emergency services; and WHEREAS, the City of Renton (“the City”), through its Fire and Emergency Services Department, and King County Fire Protection District No. 25 (“the District”) have had a cooperative partnership, striving to provide the highest level of fire and emergency medical services to their citizens within the confines of available resources. This cooperative partnership AGENDA ITEM #5. g) CITY OF RENTON RESOLUTION NO. ________ KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO. ________ 2 began with an interlocal agreement in 1993, when the district transferred its employees to the City and the City started providing fire and emergency medical services in the District; and WHEREAS, in 2014, the City and the District formed the Regional Fire Authority Planning Committee (“Planning Committee”) to review the creation of a regional fire authority and associated service delivery and financing plan to provide fire protection and emergency services within the boundaries of the City and the District. The members of the Planning Committee include three District Commissioners, and three City of Renton Councilmembers. Also invited to the Planning Committee are representatives from Fire District 20, Fire District 40, and union representatives of International Association of Firefighters Local 864. The Planning Committee met between September 2014 and October 2015 and recommended the creation of the “Renton Regional Fire Authority,” and the adoption of a business plan to govern and finance its operation (the “Plan”). The Plan was approved by the District on November 17, 2015, and the City on November 23, 2015, and is formally adopted by each entity pursuant to this joint resolution. Copies of the Plan are available from the administrative offices of the City and the District; and WHEREAS, the City and the District are authorized to form a regional fire protection service authority by Chapter 52.26 RCW, which requires that in the order to create a regional fire protection service authority, the Plan must be approved by the voters of the area affected by the Plan. Therefore, in accordance with the Plan and state law, it is appropriate to place before voters within the proposed service boundaries of the regional fire authority, a proposition for approval to form the Renton Regional Fire Authority, to be funded by a new six‐ year benefit charge and existing property tax levy, and the approval of the Plan; AGENDA ITEM #5. g) CITY OF RENTON RESOLUTION NO. ________ KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO. ________ 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AND THE BOARD OF COMMISSIONERS OF KING COUNTY FIRE PROTECTION DISTRICT NO. 25, DO HEREBY RESOLVE AS FOLLOWS: SECTION I. Adoption of the Plan for the Renton Regional Fire Authority. The City Council of the City of Renton, Washington, and the Board of Commissioners of King County Fire Protection District No. 25 hereby formally adopt the Plan of the Renton Regional Fire Authority, a true and correct copy of which is attached as Exhibit A and incorporated by this reference. SECTION II. Findings of City Council of the City of Renton, Washington, and the Board of Commissioners of King County Fire Protection District No. 25. The City Council of the City of Renton, Washington, and the Board of Commissioners of King County Fire Protection District No. 25 hereby find that it is in the best interest of the City and the District to submit to the qualified electors of the City and the District at a special election to be held on April 26, 2016, a proposition to adopt the Plan creating the Renton Regional Fire Authority, which if approved will be funded by a six‐year benefit charge not to exceed 60% of the Renton Regional Fire Authority’s operating budget, and property tax not to exceed $1.00 per $1,000 of assessed value during such time as the benefit charge is collected, and not to exceed $1.50 per $1,000 of assessed value if the benefit charge is not being collected. If approved by 60% of the voters within the boundaries of the authority as provided in Chapter 52.26 RCW, the authority will be called the “Renton Regional Fire Authority,” with boundaries coextensive with the boundaries of the City of Renton and King County Fire Protection District No. 25, effective July 1, 2016. SECTION III. Submittal of Proposition for Voters. There shall be submitted to the qualified electors of the District and the City for their ratification or rejection, at a special AGENDA ITEM #5. g) CITY OF RENTON RESOLUTION NO. ________ KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO. ________ 4 election on April 26, 2016, the question of whether or not the Renton Regional Fire Authority should be created in accordance with the Plan and funded with a six‐year benefit charge and property tax levy. The Board of Commissioners of King County Fire Protection District No. 25 and the City Council of the City of Renton, Washington, hereby request the Director of Elections of King County, as ex‐officio supervisor of elections to call such election and to submit the following proposition at such election, in the form of a ballot title substantially as follows: PROPOSITION NO. 1 The City of Renton and King County Fire Protection District No. 25 have adopted a Joint Resolution approving the Renton Regional Fire Authority Plan (“Plan”) to create the Renton Regional Fire Authority (“Authority”) with an effective date of July 1, 2016. If approved, this position would create the Authority, in accordance with the Plan, to provide fire protection and emergency medical services in the City and the District. The Authority will be funded by a six‐year fire benefit charge (not to exceed 60% of the operating budget) and property tax (not to exceed $1.00 per $1,000 of assessed value). This funding would replace the District’s existing property tax rate of $1.50 per $1,000 of assessed value, and would reduce Renton’s property tax capacity by the tax rate collected by the Authority. Should the Plan to create a Regional Fire Protection Service Authority be approved? YES [ ] NO [ ] SECTION IV. Authorize Continued Acts of the Regional Fire Authority Planning Committee. The City Council of the City of Renton, Washington, and the Board of Commissioners of King County Fire Protection District No. 25 herby authorize the Renton Regional Fire Authority Planning Committee to continue operating on an as needed basis until the effective date of the Authority. The Regional Fire Authority Planning Committee shall be AGENDA ITEM #5. g) CITY OF RENTON RESOLUTION NO. ________ KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO. ________ 5 considered the governing board for the purposes of RCW 52.26.230 and shall be responsible for conducting a public hearing on the benefit charge consistent with the requirements of RCW 52.26.230. The Planning Committee shall function as the governing board for the purposes of carrying out the requirements of Chapter 52.26 RCW until such time as a new governing board is established on July 1, 2016, pursuant to the Plan. SECTION V. Pro and Con Committee Appointments. The City Council of the City of Renton, Washington, and the King County Fire Protection District No. 25 Board of Commissioners hereby assign to the Renton Regional Fire Authority Planning Committee the task of appointing members to a committee to advocate voters’ approval of the proposition and to a committee to prepare arguments advocating voters’ rejection of the proposition. SECTION VI. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION VII. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION VIII. Effective Date. This resolution shall take effect and be in force immediately upon its passage. SECTION IX. Triplicate Originals. Three originals of this resolution are signed by the City of Renton and King County Fire Protection District No. 25. AGENDA ITEM #5. g) CITY OF RENTON RESOLUTION NO. ________ KING COUNTY FIRE PROTECTION DISTRICT NO. 25 RESOLUTION NO. ________ 6 PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2015. ________________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2015. _________________________________ Denis Law, Mayor ADOPTED by the Board of Commissioners of King County Fire Protection District No. 25, King County, Washington, at a regular open public meeting of such Board on the ________ day of _____________________, 2015, the below commissioners being present and voting. ______________________________ COMMISSIONER ______________________________ COMMISSIONER ______________________________ COMMISSIONER ______________________________ KCFPD No. 25 SECRETARY Approved as to form: Lawrence J. Warren, City Attorney RES.1688:12/2/15:scr AGENDA ITEM #5. g) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:Resolution amending Resolution 4221 and adopting the TIAA-CREF 457(b) Plan documents RECOMMENDED ACTION:Council Concur DEPARTMENT:Human Resources / Risk Management STAFF CONTACT:Nancy A. Carlson, Administrator EXT.:7656 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: In July of 2014, Council adopted Resolution 4221 confirming the transfer of the City's 457(b) Plan assets to TIAA-CREF from the City's former recordkeepers and plan asset custodians, The Hartford and ICMA-RC. At this point in time, updated 457(b) Plan documents need to be adopted, including the City of Renton/TIAA-CREF Plan Document (Appendix A of resolution), City of Renton/TIAA-CREF Adoption Agreement (Appendix B of resolution), and City of Renton/TIAA-CREF Plan Claims and Appeals Procedures (Appendix C of resolution). In addition, Section II(7) of Resolution No. 4221 stated that the Investment Committee shall deliver an annual report on the Plan to the Council for review and ratification. The term "ratification", which is not a usual Council term or practice, shall be changed to "Council concur". EXHIBITS: A. Draft Resolution STAFF RECOMMENDATION: Adopt this resolution amending Resolution 4221, and adopting the TIAA-CREF 457(b) Plan documents. AGENDA ITEM #5. h) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING RESOLUTION NO. 4221 REGARDING ANNUAL REPORTS OF THE DEFERRED COMPENSATION 457(b) PLAN BY THE INVESTMENT COMMITTEE TO THE CITY COUNCIL AND ADOPTING THE TIAA‐CREF FINANCIAL SERVICES COMPANY 457(B) DEFERRED COMPENSATION PLAN DOCUMENT AS AMENDED. WHEREAS, the City Council adopted Resolution No. 4221 ratifying and confirming a number of actions of the Investment Committee of the City’s 457(b) Deferred Compensation Plan (“Plan”); and WHEREAS, in setting up the Plan, the Council deferred certain actions to the Investment Committee; and WHEREAS, Resolution No. 4221, Section II(7), requires in part that the Investment Committee shall deliver an annual report on the Plan to the Council for review and ratification; and WHEREAS, the term “ratification” is ambiguous and not within the normal nomenclature of Council practice; and WHEREAS, the terms “Council concur” or “Refer to Finance Committee” would be more normal terms for use on the Council agenda and minutes; and WHEREAS, no language was contained in Resolution No. 4221 adopting the TIAA‐CREF Financial Services Company 457(b) Deferred Compensation Plan documents, which include the base plan agreement, adoption agreement, plan variables and claim procedures; and WHEREAS, it would be advisable to adopt an internal claims and appeals process and set forth a limitations period for bringing such claims and/or appeals as part of the plan; AGENDA ITEM #5. h) RESOLUTION NO. ________ 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The term “ratification” in Resolution No. 4221 shall be modified to “Council concur”. If Council does not concur, the matter should be referred to the Council’s Finance Committee for further explanation by the Investment Committee. SECTION III. The City Council hereby adopts the TIAA‐CREF Financial Services Company 457(b) Deferred Compensation Plan, attached hereto as Appendix A, the Adoption Agreement, attached hereto as Appendix B, and the Claims and Appeal Procedures and Limitation Procedure, attached hereto as Appendix C, which all shall collectively be known as the Deferred Compensation Plan for the City of Renton. Copies of the Deferred Compensation Plan for the City of Renton shall be available for public review in the City Clerk’s office. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2015. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2015. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1680:9/10/15:scr AGENDA ITEM #5. h) APP 45 CO CIT A G OR PENDIX 7(b) DE OMPEN TY OF GOVER RGANIZ X A EFERRE NSATIO RENTO RNMEN ZATION ED N PLAN ON, NTAL N N OF AGENDA ITEM #5. h) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Contents ARTICLE I - DEFINITIONS ........................................................................................................... 1 1.1 Account Balance ................................................................................................................ 1 1.2 Annual Deferral .................................................................................................................. 1 1.3 Adoption Agreement .......................................................................................................... 1 1.4 Beneficiary ......................................................................................................................... 1 1.5 Code .................................................................................................................................. 1 1.6 Compensation .................................................................................................................... 1 1.7 Deferred Compensation Agreement .................................................................................. 2 1.8 Differential Wage Payment ................................................................................................ 2 1.9 Disabled or Disability ......................................................................................................... 2 1.10 Effective Date ..................................................................................................................... 2 1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan ................................ 2 1.12 Eligible Employee .............................................................................................................. 2 1.13 Employee ........................................................................................................................... 3 1.14 Employer ............................................................................................................................ 3 1.15 Includible Compensation .................................................................................................... 3 1.16 Investment Options ............................................................................................................ 3 1.17 Investment Sponsors ......................................................................................................... 3 1.18 Normal Retirement Age ..................................................................................................... 3 1.19 Participant .......................................................................................................................... 4 1.20 Plan .................................................................................................................................... 4 1.21 Plan Administrator .............................................................................................................. 4 1.22 Plan Year ........................................................................................................................... 4 1.23 Restated Effective Date ..................................................................................................... 4 1.24 Severance from Employment ............................................................................................. 4 1.25 TIAA-CREF ........................................................................................................................ 4 1.26 Valuation Date ................................................................................................................... 4 ARTICLE II - PARTICIPATION IN THE PLAN .............................................................................. 4 2.1 Eligibility ............................................................................................................................. 4 2.2 Enrollment in the Plan ........................................................................................................ 5 2.3 Information Provided by the Participant ............................................................................. 5 2.4 Contributions Made Promptly ............................................................................................. 5 2.5 Leave of Absence .............................................................................................................. 5 2.6 Disability............................................................................................................................. 5 ARTICLE III - DEFERRAL OF COMPENSATION ........................................................................ 5 3.1 Annual Deferrals ................................................................................................................ 5 3.2 Modifications to Amount Deferred ...................................................................................... 6 3.3 Deferral of Special Pay ...................................................................................................... 6 3.4 Termination of Deferral ...................................................... Error! Bookmark not defined. 3.5 Employer Non-Elective Contributions ................................................................................ 6 3.6 Employer Matching Contributions ...................................................................................... 6 3.7 Maximum Deferral .............................................................................................................. 6 3.8 Vesting ............................................................................................................................... 8 3.9 Plan-to-Plan Transfers to the Plan ..................................................................................... 8 3.10 Acceptance of Rollover Contributions ................................................................................ 8 3.11 Qualified Military Service.................................................................................................... 8 AGENDA ITEM #5. h) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 ARTICLE IV - INVESTMENT OF CONTRIBUTIONS ................................................................... 9 4.1 Direction of Investment ...................................................................................................... 9 4.2 Investment Changes .......................................................................................................... 9 ARTICLE V - DISTRIBUTIONS .................................................................................................... 9 5.1 Eligibility for Payment ......................................................................................................... 9 5.2 Small Balance In-Service Distributions ............................................................................ 11 5.3 In-service Distributions from a Rollover Account .............................................................. 11 5.4 Small Balance Distributions at Severance from Employment .......................................... 11 5.5 Distribution Due to an Unforeseeable Emergency ........................................................... 12 5.6 Commencement of Distributions ...................................................................................... 13 ARTICLE VI - FORM OF PAYMENT .......................................................................................... 13 6.1 Form of Payment ............................................................................................................. 13 6.2 Limits on Income Options Under an Annuity Contract ..................................................... 14 6.3 Minimum Amounts to be Distributed ................................................................................ 14 6.4 Minimum Distribution Requirements During Participant's Lifetime ................................... 14 6.5 Election ............................................................................................................................ 15 6.6 Failure to Make Election .................................................................................................. 15 ARTICLE VII - DEATH BENEFITS ............................................................................................. 15 7.1 Form of Payment ............................................................................................................. 15 7.2 Death Distribution Requirements ..................................................................................... 16 7.3 Death of Beneficiary Before Benefits Commence ............................................................ 17 ARTICLE VIII - TRANSFERS AND ROLLOVERS ...................................................................... 17 8.1 Plan-to-Plan Transfers from the Plan ............................................................................... 17 8.2 Permissive Service Credit Transfers ................................................................................ 17 8.3 Direct Rollovers ................................................................................................................ 18 ARTICLE IX - LOANS ................................................................................................................. 19 9.1 Availability ........................................................................................................................ 19 9.2 Maximum Loan Amount ................................................................................................... 20 9.3 Terms of Loan .................................................................................................................. 20 9.4 Extended Loan Term for Leaves of Absence due to Military Service ............................... 20 9.5 Loan Default ..................................................................................................................... 21 ARTICLE X - ROTH ELECTIVE DEFERRALS ........................................................................... 21 10.1 General Application .......................................................................................................... 21 10.2 Separate Accounting ........................................................................................................ 21 10.3 Direct Rollovers ................................................................................................................ 21 10.4 Definition of Roth Elective Deferrals ................................................................................ 22 ARTICLE XI - BENEFICIARY INFORMATION ........................................................................... 22 11.1 Designation ...................................................................................................................... 22 11.2 Failure to Designate a Beneficiary ................................................................................... 23 ARTICLE XII - PLAN ADMINISTRATION ................................................................................... 23 12.1 Plan Administration .......................................................................................................... 23 12.2 Accounts and Expenses .................................................................................................. 23 12.3 Mistaken Contribution ...................................................................................................... 23 12.4 Domestic Relations Orders .............................................................................................. 24 12.5 IRS Levy .......................................................................................................................... 24 AGENDA ITEM #5. h) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 12.6 Procedure When Distributee Cannot be Located ............................................................. 24 12.7 Payments to Minors and Incompetents ............................................................................ 24 ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN .................................................... 25 13.1 Amendment of Plan ......................................................................................................... 25 13.2 Termination of Plan .......................................................................................................... 25 ARTICLE XIV - MISCELLANEOUS ............................................................................................ 25 14.1 Plan Non-Contractual ....................................................................................................... 25 14.2 Claims of Other Persons .................................................................................................. 25 14.3 Non-Assignability ............................................................................................................. 25 14.4 Contracts.......................................................................................................................... 25 14.5 Pronouns.......................................................................................................................... 26 14.6 Representations ............................................................................................................... 26 14.7 Severability ...................................................................................................................... 26 14.8 Applicable Law ................................................................................................................. 26 14.9 Trust Fund ........................................................................................................................ 26 AGENDA ITEM #5. h) 1 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 INTRODUCTION The purpose of the Plan is to provide deferred compensation for Eligible Employees covered under the Plan. The Plan document and the Adoption Agreement are designated as constituting parts of a plan intended to satisfy the requirements of an Eligible Governmental Deferred Compensation Plan within the meaning of Section 457(b) of the Code, the regulations issued thereunder, and other applicable law. ARTICLE I - DEFINITIONS 1.1 Account Balance means the book entry account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, any Compensation deferred under the Plan by non-elective Employer contribution (either matching contributions or non-elective contributions), the earnings or loss of the investment options held in the Investment Options (net of investment option expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. Account Balance includes any account established under Article III for rollover contributions and plan-to-plan transfers made for a Participant, any account established under Article X for Roth Elective Deferrals, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee, as defined in Section 414(p)(8) of the Code. Subject to the terms of the Investment Option, if a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. 1.2 Annual Deferral means the annual amount of Compensation that a Participant elects to defer pursuant to a properly executed Deferred Compensation Agreement. Effective on and after January 1, 2011 and if elected in the Adoption Agreement, Annual Deferral includes a Roth Elective Deferral that is separately accounted for under the Plan. 1.3 Adoption Agreement means the separate agreement that is executed by the Employer which sets forth the elective and certain non-elective provisions of the Plan. The Adoption Agreement and this Plan document collectively constitute the Plan. 1.4 Beneficiary means the individual, trustee, estate, or legal entity entitled to receive benefits under this Plan which become payable in the event of the Participant's death. 1.5 Code means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections, as they may from time to time be amended or renumbered, to the Treasury regulations issued thereunder or to any applicable guidance issued by the IRS. 1.6 Compensation means, unless otherwise set forth in the Adoption Agreement, all cash remuneration for services rendered to the Employer, including salary, wages, fees, commissions, bonuses, overtime pay (collectively referred to as "regular pay") and that is includible in the Participant's gross income for the calendar year plus amounts that would AGENDA ITEM #5. h) 2 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 be cash remuneration for services to the Employer and includible in the Participant's gross income for the calendar year but for an election under Section 457(b), 403(b), 401(k), 125, 132(f)(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer Compensation under Article III) or such other meaning as provided by Section 415(c)(3) of the Code. Such term also includes regular pay received after Severance from Employment if it is received within the later of two and one-half (2 1/2) months following Severance from Employment or the end of the limitation year that includes the date of Severance from Employment. To the extent elected in the Adoption Agreement, such term shall also include unused accrued bona fide sick, vacation, and/or other leave payments provided the Participant would have been entitled to use such leave had employment continued and such amounts are received by the Plan within the later of two and one-half (2 1/2) months after Severance from Employment or the end of the limitation year that includes the date of Severance from Employment. Effective January 1, 2009, the term Compensation includes Differential Wage Payments. 1.7 Deferred Compensation Agreement means the agreement between a Participant and the Employer to defer receipt by the Participant of Compensation not yet paid or otherwise made available. Such agreement shall state the Annual Deferral amount to be withheld from a Participant's Compensation and shall become effective no earlier than the first day of the month following execution of such agreement. Once executed and received by the Plan Administrator, or its designee, the Deferred Compensation Agreement shall be legally binding and irrevocable with regard to amounts paid or otherwise made available while the Agreement is in effect. 1.8 Differential Wage Payment means any payment which is made by the Employer to an Employee with respect to any period during which the Employee is performing service in the uniformed services (as defined in chapter 43 of title 38 of the Code) while on active duty for a period of more than thirty (30) days, and such payment represents all or a portion of the wages the Employee would have received from the Employer if the Employee were performing service for the Employer. 1.9 Disabled or Disability means the definition of disability in Section 72(m)(7) of the Code as determined by the Employer. 1.10 Effective Date means the date set forth in the Adoption Agreement if this is a new Plan. 1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan means a plan that constitutes an eligible governmental deferred compensation plan within the meaning of Section 457(b) of the Code that is established and maintained by an employer that is a Governmental employer and eligible to maintain a 457(b) deferred compensation plan. 1.12 Eligible Employee means any person who performs services for the Employer and who, pursuant to the terms of the Adoption Agreement, is eligible to participate in this Plan. Unless elected in Adoption Agreement, Eligible Employee shall not include any individual who is deemed to be an independent contractor, as determined by the Plan Administrator in its sole and absolute discretion. Eligible Employee shall not include any individual who AGENDA ITEM #5. h) 3 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 is performing services for the Employer pursuant to an agreement that provides that such individual shall not be eligible to participate in this Plan or other benefit plans of the Employer. If any individual is not classified as an Eligible Employee by the Employer and is subsequently reclassified as an Eligible Employee by any overriding governmental or regulatory authority, such individual shall nevertheless be deemed to have become an Eligible Employee prospectively only, effective as of the date of such reclassification (and not retroactive to the date on which he or she was found to have first become eligible for any other purposes), and then only if he or she otherwise satisfies the requirements of this Plan. 1.13 Employee means any person, whether appointed or elected, who is employed by the Employer as a common law employee, excluding any Employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. The term Employee shall include any individual classified by the Employer as an independent contractor of the Employer, in accordance with its general administrative policies. 1.14 Employer means the entity that is a state, a political subdivision of a state, and any agency or instrumentality of a state which has adopted this Plan and is named in the Adoption Agreement. 1.15 Includible Compensation means with respect to a taxable year, the Participant's compensation as defined in Section 415(c)(3) of the Code and the Treasury regulations issued thereunder for services performed for the Employer. The amount of Includible Compensation is determined without regard to any community property laws. Such term shall include any amount that would be cash remuneration for services to the Employer and includible in the Participant's gross income for the calendar year but for an election under Section 457(b), 403(b), 401(k), 125, 132(f)(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer Compensation under Article III). Effective January 1, 2009, Includible Compensation will include Differential Wage Payments made by the Employer to a Participant. 1.16 Investment Options means the annuity contracts, custodial accounts, and other investment options offered by TIAA-CREF and selected by the Plan Administrator as investment options to be offered to Participants and Beneficiaries under the Plan. Investment Options shall also include any other investment alternatives made available by any other Investment Sponsor and designated pursuant to the terms of this Plan document and the Adoption Agreement as being available for the purpose of allocating contributions, rollovers, and/or transfers under this Plan. 1.17 Investment Sponsors means TIAA-CREF, any other insurance company, regulated investment company, or other entity providing Investment Options under the Plan. 1.18 Normal Retirement Age means age 65 unless otherwise provided in the Adoption Agreement. AGENDA ITEM #5. h) 4 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 1.19 Participant means an Eligible Employee who becomes a Participant in the Plan in accordance with Article II hereof. An individual shall cease to become a Participant at such time as he or she no longer has any interest in contracts or accounts under the Plan. An "Active Participant" means a Participant who is currently an Employee. 1.20 Plan means the 457(b) Deferred Compensation Plan set forth herein and in the Adoption Agreement, as amended from time to time. 1.21 Plan Administrator means the individual(s) or committee appointed by the Employer to administer the Plan. If the Employer fails to make such appointment, the Employer shall be the Plan Administrator. 1.22 Plan Year means the twelve (12) consecutive month period designated by the Employer in the Adoption Agreement. 1.23 Restated Effective Date means the date set forth in the Adoption Agreement if the Plan is a restated plan. 1.24 Severance from Employment means the date the Participant dies, retires, or otherwise severs employment with the Employer as determined by the Plan Administrator or its designee (and taking into account guidance issued under the Code). To the extent elected in the Adoption Agreement, such term shall also include a deemed Severance from Employment during any period the Participant is performing services in the uniformed services for a period of more than thirty (30) days. 1.25 TIAA-CREF means Teachers Insurance and Annuity Association and College Retirement Equities Fund. 1.26 Valuation Date means any day that the New York Stock Exchange is open for trading. ARTICLE II - PARTICIPATION IN THE PLAN 2.1 Eligibility. (a) Eligible Employees. If this is a new plan, any Employee who is classified as an Eligible Employee under the terms of the Adoption Agreement as of the Effective Date shall be eligible to participate in the Plan on the Effective Date. If this is a restated plan, each present Participant shall continue to be a Participant in the Plan. Any other Employee who is classified as an Eligible Employee under the terms of the Adoption Agreement as of the Restated Effective Date shall be eligible to participate in the Plan on the Restated Effective Date. (b) Non-Eligible Employees. If this is a new plan, any Employee who is not eligible to participate in the Plan as of the Effective Date pursuant to paragraph (a) above, shall be eligible to participate in the Plan upon classification as an Eligible Employee. If this is a restated plan, any Employee who is not eligible to participate AGENDA ITEM #5. h) 5 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 in the Plan as of the Restated Effective Date pursuant to paragraph (a) above, shall be eligible to participate in the Plan upon classification as an Eligible Employee. 2.2 Enrollment in the Plan. To participate in the Plan, each Eligible Employee shall complete and remit the applicable enrollment forms, including a Deferred Compensation Agreement, to the Plan Administrator or its designee. Enrollment shall be effective on or after the first day of the month following the date the properly completed enrollment forms are remitted to and accepted by the Plan Administrator or its designee. A newly hired Eligible Employee may defer Compensation payable in the calendar month in which he or she becomes an Employee if a Deferred Compensation Agreement is entered into on or before the first day on which the Eligible Employee performs services for the Employer. 2.3 Information Provided by the Participant. Each Eligible Employee enrolling in the Plan should provide to the Investment Sponsor or the Plan Administrator, as required, at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Investment Sponsor or the Administrator, as appropriate, to administer the Plan, including, without limitation, whether the Eligible Employee is a participant in any other Eligible Plan. 2.4 Contributions Made Promptly. Annual Deferrals under the Plan shall be transferred to the applicable Investment Option within a period that is not longer than is reasonable for the proper administration of the Plan. In no event, shall any Annual Deferrals be transferred to the applicable Investment Option later than fifteen (15) days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.5 Leave of Absence. Unless a Deferred Compensation Agreement is otherwise revised, if a Participant is absent from work by paid leave of absence, Annual Deferrals under the Plan shall continue to the extent Compensation continues. 2.6 Disability. A Disabled Participant may elect to make Annual Deferrals during any portion of the period of his or her Disability to the extent that he or she has actual Compensation (not imputed compensation and not disability benefits) from which to make deferrals to the Plan and has not had a Severance from Employment. ARTICLE III - DEFERRAL OF COMPENSATION 3.1 Annual Deferrals. If elected pursuant of the terms of the Adoption Agreement, an Eligible Employee may elect to make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement with the Employer. Annual Deferrals may be made up to the applicable annual limits under the Code or, or if less, the amount set forth in the Adoption Agreement. Subject to the rules of the applicable Investment Sponsor, the Plan Administrator may establish a minimum Annual Deferral amount and may change such amount from time to time. The Deferred Compensation Agreement may also include a designation of Investment Options and a designation of a Beneficiary. Any such election shall remain in effect until a new election is filed. AGENDA ITEM #5. h) 6 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 3.2 Modifications to Amount Deferred. A Participant may elect to change the amount of his or her Annual Deferral with respect to future Compensation by submitting a new and properly executed Deferred Compensation Agreement to the Plan Administrator or its designee. Pursuant to the rules of the Investment Sponsor, if any, unless the new Deferred Compensation Agreement specifies a later effective date, a change in the amount of Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable thereafter. 3.3 Deferral of Special Pay. If elected in the Adoption Agreement, a Participant may elect to defer accumulated bona fide sick, vacation, and/or other leave pay. These amounts may be deferred for any calendar month only if an agreement providing for the Annual Deferral is entered into before the beginning of the month in which the amounts would otherwise be paid or made available. 3.4 Termination of Deferral. A Participant may terminate his or her participation election by so notifying the Plan Administrator or its designee in using the administrative practices specified by the Plan Administrator or its designee. Such administrative practices may include electronic notice, if made available to Participants. Notwithstanding the provisions in Section 3.2 above, any such termination shall take effect as soon as administratively practicable following receipt by the Plan Administrator or its designee of satisfactory notice of such revocation. 3.5 Employer Non-Elective Contributions. If elected in the Adoption Agreement, the Employer shall make non-elective contributions (other than Employer matching contributions, if any, made pursuant to Section 3.6, below) to the Plan on behalf of Active Participants. No Participant shall have the right to elect to receive any amount contributed pursuant to this Section 3.5 as cash in lieu of a contribution. All such non-elective contributions shall be made at the rate or in the amount set forth in the Adoption Agreement. Any non-elective contribution will reduce, dollar for dollar, the annual amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. 3.6 Employer Matching Contributions. If elected in the Adoption Agreement, the Employer shall make matching contributions (other than Employer non-elective contributions, if any, made pursuant to Section 3.5, above) to the Plan on behalf of Active Participants who make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement. No Participant shall have the right to elect to receive any amount contributed pursuant to this Section 3.6 as cash in lieu of a contribution. All such matching contributions shall be made at the rate or in the amount set forth in the Adoption Agreement and shall be based on the amount of Annual Deferrals made by an Active Participant to the Plan during the year. Any matching contribution will reduce, dollar for dollar, the annual amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. 3.7 Maximum Deferral. AGENDA ITEM #5. h) 7 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) Primary Limitation. The maximum amount that may be contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of any Participant, other than by means of a rollover or rollover or plan-to-plan transfer, shall not exceed the lesser of: (1) the annual applicable dollar amount, as set forth in Section 457(e)(15) of the Code, or (2) 100% of the Participant's Includible Compensation for the taxable year. (b) Special Section 457 Catch-Up Limitation. If elected in the Adoption Agreement, for one (1) or more of the last three (3) taxable years ending before the calendar year of a Participant's attainment of Normal Retirement Age ("NRA"), the Participant may utilize the catch-up provision under Section 457(b)(3) of the Code, When special Section 457 catch-up is utilized, the maximum amount that may be contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of a Participant, other than by means of a rollover or plan-to-plan transfer, shall be the lesser of X or Y. X shall be, for any taxable year beginning on or after January 1, 2002, twice (2 times) the applicable dollar amount in effect under Section 457(b)(2)(A) of the Code for such year. Y shall be the sum of (i) the primary limitation amount determined under Section 3.7(a), above, for the year, and (ii) underutilized amounts, which is that portion of the primary limitation amount determined under Section 3.7(a), above, that is not utilized by the Participant in prior taxable years (beginning after 1978) in which the Participant was eligible to participate in the Plan. The special Section 457 catch-up limitation is available to a Participant during one (1) three (3)-year period only. If the Participant uses the special Section 457 catch-up limitation and then postpones retirement or returns to work after retirement, the Participant cannot utilize special Section 457 catch-up again, even if he or she has underutilized amounts in the Plan or only utilized special Section 457 catch-up in less than all of the three (3) years prior to the year the Participant attained his or her NRA. (c) Catch-Up Limitation For Individuals Age 50 or Older. To the extent permitted by law and elected in the Adoption Agreement, the maximum Annual Deferral that may be contributed pursuant to Section 3.1 for any individual who has attained the age of 50, or older, before the close of a taxable year, shall be increased by the applicable amount set forth in Section 414(v) of the Code. Notwithstanding the immediately preceding sentence, contributions shall not be made in accordance with this Section 3.7(c) during any year in which special Section 457 catch-up, described in Section 3.7(b), provides a higher limitation. (d) Coordination with Other Code Section 457(b) Plans. If a Participant participates in more than one (1) Code Section 457(b) plan, all Code Section 457(b) plans are aggregated and the maximum deferral under all such plans shall not exceed the applicable limit described in Section 3.7(a), above, or if the special Section 457 or age 50 catch-up is utilized, the applicable limitation described in Section 3.7(b) or (c), above). AGENDA ITEM #5. h) 8 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (e) Distribution of Excess Deferrals. To the extent that any amount deferred under the Plan for any taxable year exceeds the limitations of this Section 3.7, any excess deferrals will be distributed pursuant to the applicable provisions of the Code, regulations, or other IRS guidance issued thereunder. 3.8 Vesting. A Participant shall be fully vested at all times in his or her accrued benefits under this Plan. Such accrued benefits shall be non-forfeitable at all times. 3.9 Plan-to-Plan Transfers to the Plan. To the extent provided in the Adoption Agreement and pursuant to the rules of each Investment Sponsor, a Participant, but not a Beneficiary, may elect to make contributions that are transferred directly from the Participant's prior employer's Eligible Governmental Deferred Compensation Plan under Section 457(b) of the Code. Notwithstanding the foregoing, transfers shall be permitted only to the extent (i) the transferor plan provides for such direct transfers, (ii) the receiving plan provides for the receipt of plan-to-plan transfers, and (iii) the Participant will have an amount deferred immediately after the transfer at least equal to the amount deferred with respect to that Participant immediately before the transfer, and (iv) the Participant gives written direction to the Employer or its designee in a satisfactory form to make such transfer. The Plan Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Section 457(e)(10) of the Code and Section 1.457-10(b) of the Treasury regulations and to confirm that the other plan is an eligible governmental plan as defined in Section 1.457-2(f) of the Treasury regulations. The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral limit under Section 3.7. Such funds and the accumulation generated from them shall be fully vested and nonforfeitable at all times. 3.10 Acceptance of Rollover Contributions. If so provided in the Adoption Agreement and if an Active Participant is entitled to receive, and elects to receive, an eligible rollover distribution from any eligible retirement plan within the meaning of Section 402(c)(8)(B) of the Code, each Investment Sponsor shall, subject to the rules of such Investment Sponsor, accept such amount under this Plan, provided that the rollover to this Plan is made either directly from another such plan or by the Active Participant within sixty (60) days of the receipt of the distribution. Any such amounts rolled over from any such plan shall be made in the form of cash only and accounted for separately upon acceptance as a rollover under this Plan. Such funds and the accumulation generated from them shall be fully vested and nonforfeitable at all times and shall not be considered when calculating the maximum deferral limit under Section 3.7. 3.11 Qualified Military Service. AGENDA ITEM #5. h) 9 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. (b) A Participant whose employment is interrupted by qualified military service under Section 414(u) of the Code or who is on a leave of absence for qualified military service under Section 414(u) of the Code may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Participant could have elected during that period if the Participant's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Participant during the period of the interruption or leave. This right applies for five (5) years following the resumption of employment (or, if sooner, for a period equal to three (3) times the period of the interruption or leave). ARTICLE IV - INVESTMENT OF CONTRIBUTIONS 4.1 Direction of Investment. A Participant may request that amounts contributed to the Plan on his or her behalf be allocated among the available Investment Options available under the Plan. The Investment Options shall include the Investment Options made available by TIAA-CREF and any other approved Investment Sponsors. The initial allocation request may be made at the time of enrollment. Once made, an investment allocation request shall remain in effect for all subsequent contributions until changed by the Participant. 4.2 Investment Changes. A Participant may change any investment allocation made by such Participant hereunder, or transfer existing accumulations to another Investment Option available under the Plan, by submitting a written request to the Employer or its designee on such form as may be required by the Employer or its designee. Any such changes shall become effective as soon as administratively feasible after the Employer or its designee receives a satisfactory written request. ARTICLE V - DISTRIBUTIONS 5.1 Eligibility for Payment. (a) Subject to the terms of the Investment Options, distribution of benefits from the Plan shall be made no earlier than: (i) when the Participant has a Severance from Employment (other than due to death), (ii) Plan termination, (iii) the Participant has amounts separately held in a rollover account and, if elected in the Adoption Agreement: (iv) the calendar year in which the Participant attains age 70-1/2, (v) in the event of an approved financial hardship due to an Unforeseeable Emergency, or (vi) the Participant is eligible for an in-service distribution of his or her small Account Balance. AGENDA ITEM #5. h) 10 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (b) Notwithstanding the foregoing, if elected in the Adoption Agreement, with respect to amounts payable to a Participant who is classified as an independent contractor, as determined by the Plan Administrator in its sole and absolute discretion, no amount will be paid to the Participant before a date at least twelve (12) months after the day on which the contract expires under which services are performed for the Employer (or, in the case of more than one contract, all such contracts expire); and no amount payable to the Participant on that date will be paid to the Participant if, after expiration of the contract (or contracts) and before that date, the Participant performs services for the Employer as an independent contractor or an Employee. (c) "Severance from Employment" means the termination of a Participant's employment with the Employer for any reason including the Participant's death or retirement. (1) A Participant will be deemed to have incurred a Severance from Employment without regard to whether such Participant continues in the same job for a different employer following liquidation, merger, consolidation, or other similar transaction. (2) Pursuant to an election in the Adoption Agreement, "Severance from Employment" for a Participant classified as an independent contractor shall mean the cessation of services upon expiration of the contract (or in the case of more than one contract, all contracts) under which services are performed for the Employer provided the expiration constitutes a good-faith and complete termination of the contractual relationship. Expiration will not constitute a good-faith and complete termination of the contractual relationship if the Employer anticipates a renewal of the contractual relationship or the independent contractor becoming an Employee. For this purpose, an Employer is considered to anticipate the renewal of the contractual relationship with an independent contractor if it intends to contract again for the services provided under the expired contract, and neither the Employer nor the independent contractor has eliminated the independent contractor as a possible provider of services under any such new contract. Further, an Employer is considered to intend to contract again for the services provided under an expired contract if the Employer's doing so is conditioned only upon incurring a need for the services, the availability of funds, or both. (d) Special Considerations Relating to Military Service. (1) Unless otherwise elected in the Adoption Agreement, a Participant who dies (or becomes Disabled) on or after January 1, 2007, while performing qualified military service will be treated as if he/she had resumed employment with the Employer on the date preceding death (or Disability) and terminated employment on the actual date of death (or Disability). AGENDA ITEM #5. h) 11 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (2) If elected in the Adoption Agreement and notwithstanding anything herein to the contrary, a Participant shall be deemed as have had a Severance from Employment during any period the individual is performing service, for thirty (30) or more days, in the uniformed services described in Section 3401(h)(2)(A) of the Code, thereby enabling the Participant to take a distribution, but if the Participant elects such a distribution, the Participant may not make any Annual Deferrals to the Plan for a six-month period beginning on the date of distribution. (3) Unless otherwise elected in the Adoption Agreement, with respect to deaths occurring on and after January 1, 2007, and in accordance with Section 401(a)(37) of the Code, any additional benefits (other than benefit accruals relating to the period of qualified military service,) made available to the Beneficiary of a Participant who dies while in the active employment of the Employer shall be made available to the Beneficiary of an Active Participant who is on leave and dies while performing qualified military service (as defined in Section 414(u) of the Code). If the Employer elects to credit Participants who die while performing qualified military service with benefit accruals in the Adoption Agreement, any Employer contribution will comply with Section 401(a)(37) of the Code. 5.2 Small Balance In-Service Distributions. Subject to the terms of the Investment Options and if elected in the Adoption Agreement, a Participant may elect to receive an in-service distribution of the Participant's benefit under the Plan if the following requirements are met: (a) excluding rollover contributions held in a separate account, the total amount of the Participant's benefit under the Plan does not exceed $5,000 (or the dollar limit under Section 411(a)(11) of the Code), (b) the Participant has not previously received a distribution under this provision of the Plan, and (c) no amounts have been deferred under the Plan with respect to the Participant during the two (2)-year period ending on the date of the in-service distribution. 5.3 In-service Distributions from a Rollover Account. If a Participant has a separate account attributable to rollover contributions to the Plan, the Participant may at any time elect to receive a distribution of all or any portion of the amount held in the rollover account. 5.4 Small Balance Distributions at Severance from Employment. Subject to the terms of the Investment Option and if elected in the Adoption Agreement, the Employer may direct the Investment Sponsor to distribute the total amount payable to a Participant who has a Severance from Employment in the form of a lump sum payment within sixty (60) days of AGENDA ITEM #5. h) 12 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 the Participant's Severance from Employment, but only if the total amount does not exceed $1,000. Further, unless otherwise elected by the Participant, if a Participant's Account Balance exceeds $1,000 but not $5,000 (or the dollar limit under Section 411(a)(11) of the Code), the Employer may direct the Investment Sponsor to distribute the total amount payable to a Participant in a direct rollover to an individual retirement plan designated by the Employer or its designee. The determination of whether a Participant's Account Balance exceeds the small balance threshold shall be determined by including rollover contributions (and earnings attributable thereto) within the meaning of Sections 402(e), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code. 5.5 Distribution Due to an Unforeseeable Emergency. (a) If elected in the Adoption Agreement, a Participant, but not a Beneficiary after the Participant's death, may request a distribution due to an "Unforeseeable Emergency", as defined by Section 1.457-6(c)(2) of the Treasury regulations, by submitting a written request to the Plan Administrator or its designee, accompanied by evidence to demonstrate that the circumstances being experienced qualify as an Unforeseeable Emergency. The Plan Administrator or its designee shall have the authority to require such evidence, as it deems necessary to determine if a distribution shall be warranted. If an application for a distribution due to an Unforeseeable Emergency is approved, the distribution shall be limited to an amount sufficient to meet the Unforeseeable Emergency. (b) Unless defined otherwise by the Code or regulations, "Unforeseeable Emergency" generally means a severe financial hardship to the Participant resulting from an illness or accident of the Participant, the Participant's spouse, the Participant's dependent (as defined in Section 152 of the Code without regard to Section 152(b)(1), (b)(2), and (d)(1)(B)) or the Participant's primary beneficiary, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that will constitute an Unforeseeable Emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such emergency is or may be relieved: (1) through reimbursement or compensation by insurance or otherwise; (2) by liquidation of the Participant's assets, to the extent that liquidation of such assets would not itself cause severe financial hardship; or (3) by cessation of deferrals under the Plan. The purchase of a home and the payment of college tuition are not considered to be an Unforeseeable Emergency. Imminent foreclosure of or eviction from the Participant's primary residence, the need to pay for medical expenses, including AGENDA ITEM #5. h) 13 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 prescription drug medication, or the need to pay the funeral expenses of the Participant's spouse, the Participant's dependent, or the Participant's primary Beneficiary may constitute an Unforeseeable Emergency. 5.6 Commencement of Distributions. (a) Subject to the terms of the Investment Options, upon Severance from Employment (other than due to death), a Participant may commence distribution of benefits at any time following Severance from Employment by submitting a request to the Investment Sponsor. In the event a Participant fails to make an election during the initial election period, the Participant shall receive a lump sum distribution following the expiration of the initial election period and within ninety (90) days following Severance from Employment, unless an alternate default distribution date and/or distribution option is available and elected in the Adoption Agreement. (b) Notwithstanding the provisions of Section 5.6(a) above, in no event shall distribution of benefits commence with respect to any Participant later than the April 1st of the calendar year following the calendar year in which the Participant attains age 701/2, or if later, the April 1st of the calendar year following the calendar year in which the Participant incurs a Severance from Employment. ARTICLE VI - FORM OF PAYMENT 6.1 Form of Payment. To the extent permitted by the Investment Options, distributions to Participants will be made in a single lump sum unless other distribution options are made available by any Investment Sponsor and selected for use under the Plan. These alternative distribution options may include: (a) Single Life Annuity. An annuity payable in equal installments for the life of the Participant that terminates upon the Participant's death. (b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of the Participant and his or her Beneficiary. (c) Fixed Period Payments. Payments for a fixed period subject to the terms or limitations of the applicable Investment Sponsor or Investment Options. (d) Any other annuity or withdrawal options as provided under the Investment Options available under this Plan. All forms of payments shall be subject to the limitations of the applicable Investment Sponsor and its Investment Options. AGENDA ITEM #5. h) 14 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 6.2 Limits on Income Options Under an Annuity Contract. Distributions from an annuity contract, if not made in a single lump sum, shall be made over a period that does not exceed: (a) the life of the Participant; (b) the lives of the Participant and his or her designated Beneficiary; (c) a period certain not extending beyond the life expectancy of the Participant; or (d) a period certain not extending beyond the life expectancies of the Participant and his or her designated Beneficiary. 6.3 Minimum Amounts to be Distributed. (a) If a Participant's retirement payments are to be distributed in a form other than a single lump sum, the amount to be distributed each year, and the times those amounts are paid, shall satisfy the requirements specified in Section 401(a)(9) of the Code and the regulations issued thereunder. (b) Notwithstanding the foregoing Section 6.3(a), a Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Section 401(a)(9)(h) of the Code ("2009 RMDs"), and who would have satisfied that requirement by receiving distributions that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially equal distributions (that include the 2009 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or joint life expectancy) of the Participant and the Participant's designated Beneficiary, or for a period of at least ten (10) years ("Extended 2009 RMDs"), will receive those distributions for 2009 unless the Participant or Beneficiary chooses not to receive such distributions. Participants and Beneficiaries described in the preceding sentence will be given the opportunity to elect not to receive the distributions described in this Section 6.3(b). 6.4 Minimum Distribution Requirements During Participant's Lifetime. (a) Requirements of Code and Related Regulations Incorporated. All distributions required under this Section 6.4 will be determined and made in accordance with Section 401(a)(9) of the Code and the regulations issued thereunder. (b) Time and Manner of Distribution. (1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the April 1st of the calendar year following the calendar year in which the Participant attains age 701/2, or if later, the April 1st of the calendar year AGENDA ITEM #5. h) 15 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 following the calendar year in which the Participant incurs a Severance from Employment. (2) Amount of Required Minimum Distribution for Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year will be determined under the applicable provisions of Section 401(a)(9) of the Code and the Treasury regulations issued thereunder. (3) Lifetime Required Minimum Distributions Continue through Year of Participant's Death. Required minimum distributions will be determined under this Section 6.4 beginning with the first (1st) distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. Any amount due but untaken in the year of death, must be received by the Beneficiary, even if the Beneficiary elects to delay payments under the five (5) year rule under Section 7.2(b). 6.5 Election. Subject to the rules of the Investment Sponsor and the form(s) of distribution available under the Plan, a Participant or Beneficiary may elect the form of distribution of his or her benefits and may revoke that election at any time at least thirty (30) days before his or her benefits begin, or such other time as permitted by the Plan Administrator or its designee, by notifying the Investment Sponsor in writing of his or her new election. Unless otherwise set forth in the Adoption Agreement, all distributions of benefits paid pursuant to the terms of this Plan shall be paid directly by the applicable Investment Sponsor to the Participant or Beneficiary. 6.6 Failure to Make Election. If a Participant or Beneficiary fails to elect a form of payment in a timely manner, to the extent permitted by the Investment Option, benefits shall be paid in a single lump sum. ARTICLE VII - DEATH BENEFITS 7.1 Form of Payment. Distributions to Beneficiaries will be made in a single lump sum to the designated Beneficiary as soon as administratively feasible following the death of the Participant unless the Beneficiary selects an alternative distribution option that is made available by any other Investment Sponsor and selected for use under the Plan. These alternative distribution options may include: (a) Single Life Annuity. An annuity payable in equal installments for the life of the Beneficiary that terminates upon the Beneficiary's death. (b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of the Beneficiary and his or her beneficiary. (c) Fixed Period Payments. Payments for a fixed period subject to the terms or limitations of the applicable Investment Sponsor or Investment Options. AGENDA ITEM #5. h) 16 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (d) Any other annuity or withdrawal options provided under the Investment Options. All forms of payments shall be subject to the limitations of the applicable Investment Sponsor and its Investment Options. 7.2 Death Distribution Requirements. Notwithstanding any other provisions in this Section, any distribution option selected by a Beneficiary must comply with the following distribution provisions: (a) Death After Distributions Begin. If the Participant dies after distribution of his or her interest has commenced, the remaining portion of such interest shall continue to be distributed at least as rapidly as the method of distribution being used prior to the Participant's death. (b) Death Before Distributions Begin. If the Participant dies before distribution of his or her interest has commenced, distribution of the Participant's entire interest shall be completed by the December 31st of the calendar year containing the fifth (5th) anniversary of the Participant's death, except to the extent that the recipient of such benefits elects to receive distributions in accordance with (1) or (2) below: (1) If any portion of the Participant's interest is payable to a designated Beneficiary, distributions may be made in substantially equal annual payments over the life of the designated Beneficiary, or over a period certain not extending beyond the life expectancy of the designated Beneficiary, and commencing no later than the December 31st of the calendar year immediately following the calendar year in which the Participant died; (2) If the designated Beneficiary is the Participant's surviving spouse, the date distributions are required to begin in accordance with (1) above shall be the December 31st immediately following the calendar year in which the Participant died or, if later, the December 31st of the calendar year in which the Participant would have attained age 701/2. (3) If the Participant has not made an election pursuant to this Section 7.2 by the time of his or her death, the Participant's designated Beneficiary must elect the method of distribution no later than the earlier of (a) the December 31st of the calendar year in which distributions would be required to begin under this Section 7.2, or (b) the December 31st of the calendar year which contains the fifth (5th) anniversary of the date of death of the Participant. If the Participant has no designated Beneficiary, or if the designated Beneficiary does not elect a method of distribution, distribution of the Participant's entire interest must be completed by the December 31st of the calendar year containing the fifth (5th) anniversary of the Participant's death. AGENDA ITEM #5. h) 17 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (c) For purposes of Section 7.2(b), if the surviving spouse dies after the Participant, but before payments to such spouse begins, the provisions of Section 7.2(b) with the exception of paragraph (2) shall be applied as if the surviving spouse were the Participant. (d) For purposes of this Section 7.2, any amount paid to a child of the Participant will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority. (e) For the purposes of this Section 7.2, distribution of a Participant's interest is considered to begin on the Participant's required beginning date (or, if applicable, the date distribution is required to begin to the surviving spouse). If distribution in the form of an annuity irrevocably commences to the Participant before the required beginning date, the date distribution is considered to begin is the date distribution actually commences. 7.3 Death of Beneficiary Before Benefits Commence. In the event that a Beneficiary dies after becoming entitled to receive benefits under this Plan but before distributions to the Beneficiary have commenced, the benefits due such Beneficiary shall be paid to the estate of the Beneficiary in a single lump sum payment as soon as administratively feasible following the Beneficiary's death. No other distribution elections shall be permitted. ARTICLE VIII - TRANSFERS AND ROLLOVERS 8.1 Plan-to-Plan Transfers from the Plan. (a) If elected in the Adoption Agreement and subject to the terms of the Investment Option, any Participant (or Beneficiary upon the Participant's death) can elect to have his or her Account Balance transferred to another Eligible Governmental Deferred Compensation Plan (the "receiving plan") and the transfer satisfies the applicable requirements of Section 1.457-10(b) of the Treasury regulations. (b) Upon the transfer of assets under this Section 8.1, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Plan Administrator or its designee may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section 8.1 (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 8.1, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer. 8.2 Permissive Service Credit Transfers. AGENDA ITEM #5. h) 18 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) If elected in the Adoption Agreement, any Participant who participates in a tax- qualified defined benefit governmental plan (as defined in Code Section 414(d)) that provides for the acceptance of plan-to-plan transfers with respect to the Participant may elect to have any portion of the Participant's Account Balance transferred from this Plan to the defined benefit governmental plan. A transfer under this Section 8.2 may be made before the Participant has had a Severance from Employment. (b) A transfer may be made under this Section 8.2 only if the transfer is either for (i) the purchase of permissive service credit (as defined in Section 415(n)(3) of the Code) under the receiving defined benefit governmental plan; or (ii) the repayment of contributions and earnings related to a previous forfeiture of service credit under the defined benefit governmental plan. 8.3 Direct Rollovers.Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this provision, a "distributee" may elect, at the time and in the manner prescribed by the Employer, to have all, or any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For purpose of implementing the requirements of this provision, certain terms contained in this Section 8.3 shall be defined as follows: (a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the Account Balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and any other exception permitted by law or the Internal Revenue Service. Any amount that is distributed on account of Unforeseeable Emergency shall not be an eligible rollover distribution (and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan). For 2009 only, the following shall also be treated as an eligible rollover distribution: 2009 RMDs and Extended 2009 RMDs as defined in Section 6.4(b) of the Plan. (b) Eligible Rollover Distribution to a Roth IRA. Effective January 1, 2008, a Participant or any designated Beneficiary of the Participant may elect to roll over amounts in accordance with Section 408A(e) of the Code directly to a Roth IRA, provided that for any taxable year prior to January 1, 2010, the provisions of Section 408A(c)(3)(B) of the Code are satisfied. (c) Eligible Retirement Plan. An eligible retirement plan is any plan within the meaning of Section 402(c)(8)(B) of the Code that accepts the distributee's eligible rollover AGENDA ITEM #5. h) 19 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 distribution. An eligible retirement plan shall also mean an Eligible Plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, and which agrees to separately account for amounts transferred into such plan from this Plan. This definition of eligible retirement plan shall also apply in the case of a rollover request for a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order, as defined in Section 414(p) of the Code. (d) Distributee. (1) A distributee includes a Participant, a Participant's surviving spouse, a Participant's former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. Effective beginning January 1, 2010, consistent with the provisions of Code Section 402(c)(11), in the case of a distribution to a designated Beneficiary for purposes of Code Section 401(a)(9) who at the time of the Participant's death was neither the spouse of the Participant nor the spouse or former spouse of the Participant who is an alternate payee under a domestic relations order, a direct rollover is payable only to an individual retirement account, Roth IRA or individual retirement annuity (IRA) that has been established on behalf of the Beneficiary as an inherited IRA (within the meaning of Section 408(d)(3)(C) of the Code). (2) Although a non-spouse Beneficiary may directly rollover a distribution as provided in this subsection (d), any distribution made before January 1, 2010, is not subject to the direct rollover requirements of Code Section 401(a)(31) (including Code Section 401(a)(31)(B), the notice requirements of Code Section 402(f), or the mandatory withholding requirements of Code Section 3405(c)). If a non-spouse Beneficiary receives a distribution from the Plan, the distribution is not eligible for a "60-day" rollover. ARTICLE IX - LOANS 9.1 Availability. If elected in the Adoption Agreement and subject to the terms of the Investment Options, a Participant who is an Active Participant may apply for and receive a loan from his or her Account Balance as provided in this Article IX. All loans must be subject to the terms of the Investment Options available under the Plan from which they are taken and subject to such rules and procedures as the Plan Administrator or its designee may adopt. Any such loan must be available to all Participants on a reasonably equivalent basis and may not be for an amount less than $1,000. All applications for a loan shall be made to the Investment Sponsor sponsoring the Investment Option from which the loan is taken. Absent any contrary provision in the loan agreement with the Investment Sponsor or under the Investment Option, the terms of this Article IX will apply. AGENDA ITEM #5. h) 20 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 9.2 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of: (a) $50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Investment Sponsor (not taking into account any payments made during such one-year period), or (b) one-half of the value of the Participant's vested Account Balance (as of the Valuation Date immediately preceding the date on which such loan is approved by the Investment Sponsor). For purposes of this Section 9.2, any loan from any other plan maintained by the Employer shall be treated as if it were a loan made from the Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this Section 9.2 to exceed the amount that would otherwise be permitted in the absence of this paragraph. 9.3 Terms of Loan. The terms of the loan shall: (a) require level amortization with payments not less frequently than quarterly throughout the repayment period. (b) require that the loan be repaid within five (5) years unless the Participant certifies in writing to the Plan Administrator that the loan is to be used to acquire any dwelling unit which, within a reasonable time, is to be used (determined at the time the loan is made) as a principal residence of the Participant, in which case the loan may be repaid over a period not greater than ten (10) years. (c) provide for interest at a rate to be determined under the terms of the Investment Option or the loan procedures of the Investment Sponsor. 9.4 Extended Loan Term for Leaves of Absence due to Military Service. The Plan may suspend the obligation to repay a loan for any period during which a Participant is performing military service in accordance with Section 414(u)(4) of the Code, even if the service is not qualified military service as defined under the Uniformed Services Employment and Reemployment Rights Act of 1994. Loan repayments must resume upon the completion of the military service, and the loan must be repaid in full (including interest that accrues during the period of military service) by amortization in substantially level payments over a period that ends not later than five (5) years after the origination date of the loan (unless the loan is for the purchase of a principal residence) plus the period of the military service. AGENDA ITEM #5. h) 21 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 9.5 Loan Default. In the event that a Participant fails to make a loan payment under this Article IX by the end of the calendar quarter following the calendar quarter in which the loan payment was due, a default on the loan shall occur. Loan defaults shall be administered in accordance with specific rules documented under the Investment Options and the Code. ARTICLE X - ROTH ELECTIVE DEFERRALS 10.1 General Application. This Article X will apply to contributions beginning with the effective date specified in the Adoption Agreement but in no event, before the first day of the first taxable year beginning on or after January 1, 2011. (a) As of the effective date under Section 10.1, the Plan will accept Roth Elective Deferrals made on behalf of Participants. A Participant's Roth Elective Deferrals will be allocated to a separate account maintained for such deferrals as described in Section 10.2. (b) Unless specifically stated otherwise, Roth Elective Deferrals will be treated as Annual Deferrals for all purposes under the Plan. 10.2 Separate Accounting. (a) Contributions and withdrawals of Roth Elective Deferrals will be credited and debited to the Roth Elective Deferral account maintained for each Participant. (b) The Plan will maintain a record of the amount of Roth Elective Deferrals in each Participant's account. (c) Gains, losses, and other credits or charges must be separately allocated on a reasonable and consistent basis to each Participant's Roth Elective Deferral account and the Participant's other accounts under the Plan. (d) No contributions other than Roth Elective Deferrals and properly attributable earnings will be credited to each Participant's Roth Elective Deferral Account. 10.3 Direct Rollovers. (a) Notwithstanding Section 8.3, a direct rollover of a distribution from a Roth Elective Deferral account under the Plan will only be made to another Roth Elective Deferral account under an Eligible Governmental Deferred Compensation Plan and only to the extent the rollover is permitted under the rules of Section 402(c) of the Code or as otherwise permitted by law. (b) Notwithstanding Section 3.11, unless otherwise provided by the Employer in the Adoption Agreement, the Plan will accept a rollover contribution to a Roth Elective Deferral account only if it is a direct rollover from another Roth Elective Deferral AGENDA ITEM #5. h) 22 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 account under an Eligible Governmental Deferred Compensation Plan and only to the extent the rollover is permitted under the rules of Section 402(c) of the Code or as otherwise permitted by law. (c) Notwithstanding Sections 8.3 and 3.11 and if elected in the Adoption Agreement and subject to the terms of the Investment Options, a Participant may elect an in- plan eligible rollover distribution of Annual Deferrals to the Participant's designated Roth Elective Deferral account if the eligible rollover distribution meets the following requirements: (1) the eligible rollover distribution is from a non-designated Roth account in the Plan; (2) the distribution is because of an event that triggers the availability of an eligible rollover distribution from the Plan; and (3) otherwise meets the rollover requirements of Section 402(c). (d) Any eligible rollover distributions from a Participant's Roth Elective Deferral account are taken into account in determining whether the total amount of the Participant's Account Balances under the Plan exceeds the threshold amount for purposes of distributions from the Plan pursuant to Section 5.4. (e) If subject to any minimum threshold for distributions that are direct rollovers that are imposed by the Plan Administrator or under the Investment Options, any amount distributed from the Participant's Roth Elective Deferral account is treated as a separate distribution from any amount distributed from the Participant's other accounts in the Plan, even if the amounts are distributed at the same time. 10.4 Definition of Roth Elective Deferrals. A Roth Elective Deferral is an elective deferral that is: (a) Designated irrevocably by the Participant in the Deferred Compensation Agreement as a Roth Elective Deferral that is being made in lieu of all or a portion of the pre-tax Annual Deferrals the Participant is otherwise eligible to make under the Plan; and (b) Treated by the Employer as includible in the Participant's income at the time the Participant would have received that amount in cash if the Participant had not made an agreement to defer this Compensation. ARTICLE XI - BENEFICIARY INFORMATION 11.1 Designation. A Participant shall have the right to designate a Beneficiary, and amend or revoke such designation at any time prior to commencement of benefits, in writing and in AGENDA ITEM #5. h) 23 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 a form approved by the Plan Administrator, its designee, or the Investment Sponsor. Such Beneficiary designations, amendments, or revocations will be maintained by the Investment Sponsor and shall be effective upon satisfactory receipt by the Investment Sponsor. 11.2 Failure to Designate a Beneficiary. Absent any procedures set forth by the Investment Sponsor, benefits shall be paid to the Participant's estate if, prior to the date a Participant commences to receive payment of benefits under the Plan, the Participant has not designated a Beneficiary or no designated Beneficiary survives the Participant and benefits are payable following the Participant's death. ARTICLE XII - PLAN ADMINISTRATION 12.1 Plan Administration. The Employer shall be responsible for appointing a Plan Administrator to administer the Plan. The Plan Administrator may authorize a committee comprised (to the extent possible) of not less than three (3) persons, to act collectively with regard to administration of the Plan. The Plan Administrator shall have sole discretionary responsibility for the interpretation of the Plan, enrolling Participants in the Plan, sending contributions on behalf of each Participant to the applicable Investment Sponsor, and for performing other duties required for the operation of the Plan. Any action taken on any matter within the discretion of the Plan Administrator shall be made in its sole and absolute discretion based on this Plan document and the Adoption Agreement, and shall be final, conclusive, and binding on all parties. In order to discharge its duties hereunder, the Plan Administrator shall have the power and authority to delegate ministerial duties and to employ such outside professionals as may be required for prudent administration of the Plan. The Plan Administrator shall also have authority to enter into agreements on behalf of the Employer necessary to implement this Plan. 12.2 Accounts and Expenses. The Employer or the Investment Sponsor shall establish and maintain book entry accounts on behalf of each Participant and Beneficiary after the death of the Participant. Such accounts shall be valued in accordance with the rules of the Investment Option, in which the accounts are invested. Each Participant shall receive a written notice of his or her Account Balance following such valuation or valuations, provided that such notice shall not be required to be given more than one time per calendar quarter. Each Participant's Account Balance shall reflect the aggregate of his or her Annual Deferrals, Employer non-elective contributions, Employer matching contributions, and plan-to-plan transfers and rollovers, if any, and shall also reflect investment experience attributable to such Account Balance and expense charges applied to, and distributions made from, such Account Balance. 12.3 Mistaken Contribution. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one (1) year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Plan Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Plan Administrator, to the Employer. AGENDA ITEM #5. h) 24 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 12.4 Domestic Relations Orders. Notwithstanding Sections 14.3 and 14.9, if a judgment, decree or order (including approval of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the domestic relations law of any State ("domestic relations order" or "DRO"), then, unless otherwise elected in the Adoption Agreement, the amount of the Participant's Account balance shall be paid in the manner and to the person or persons so directed in the domestic relations order provided such domestic relations order is found to be qualified under the provisions of Section 414(p) of the Code ("QDRO"). Payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Investment Sponsor shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the domestic relations order. The Plan Administrator shall establish such procedures, in the absence of any procedures established by the Investment Sponsor. Effective April 6, 2007, a DRO that otherwise satisfies the requirements of a QDRO will not fail to be a QDRO solely because (a) the order is issued after or revises another DRO or QDRO, or (b) at the time the DRO is issued, including issuance after the starting date for the Participant's selected or defaulted form of distribution or the Participant's death. Any such DRO shall be subject to the same requirements and protections as any other QDRO. 12.5 IRS Levy. Notwithstanding Sections 14.3 and 14.9, the Plan Administrator may pay from a Participant's or Beneficiary's book entry account the amount that the Plan Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 12.6 Procedure When Distributee Cannot be Located. Absent any procedures from the Investment Sponsors, the Plan Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary (the "distributee") entitled to benefits under the Plan. For this purpose a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on the Employer's or Plan Administrator's records, (b) notification sent to the Social Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans), and (c) the distributee has not responded within six (6) months. If the Plan Administrator is unable to locate such person entitled to benefits hereunder, or if there has been no claim has been made for such benefits, the Plan shall continue to hold the benefits due such person. 12.7 Payments to Minors and Incompetents. Absent any procedures from the Investment Sponsors, if a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Plan Administrator or the Investment Sponsor, the Investment Sponsor shall make the distribution of benefits to the Participant's or AGENDA ITEM #5. h) 25 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Beneficiary's guardian, conservator, custodian, attorney-in-fact, or to any other legal representative adjudged to be appropriate upon receiving satisfactory evidence of such status or a court order to that effect. ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN 13.1 Amendment of Plan. While it is expected that this Plan will continue indefinitely, the Employer reserves the right at any time to amend or otherwise modify the Plan without any liability for such action. No amendment shall increase the duties or responsibilities of any Investment Sponsor without its prior consent thereto in writing. 13.2 Termination of Plan. The Employer shall have the right at any time to terminate the Plan. No termination shall affect the amounts already deferred under the Plan. In order for the Plan to be considered terminated, funds deferred under the Plan must be distributed to all Plan Participants and Beneficiaries as soon as administratively practicable after termination of the Plan, in accordance with the terms of the Investment Option. ARTICLE XIV - MISCELLANEOUS 14.1 Plan Non-Contractual. Nothing contained in this Plan will be construed as a commitment or agreement on the part of any person to continue his or her employment with the Employer, and nothing contained in this Plan will be construed as a commitment on the part of the Employer to continue the employment or the rate of compensation of any person for any period, and all Employees of the Employer will remain subject to discharge to the same extent as if the Plan had never been put into effect. 14.2 Claims of Other Persons. The provisions of the Plan will in no event be construed as giving any Participant or any other person, firm, corporation or other legal entity, any legal or equitable right against the Employer, its officers, employees, directors or trustees, except the rights as are specifically provided for in this Plan or created in accordance with the terms and provisions of this Plan. 14.3 Non-Assignability. Except as otherwise provided in 12.4 and 12.5, the interest of each Participant or Beneficiary under the Plan is not subject to the claims of the Participant's or Beneficiary's creditors, and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non-assignable and non-transferable. 14.4 Contracts. The terms of each Investment Option offered to Participants as an investment option hereunder, the terms of a custodial agreement, or trust in which an Investment Option may be held, any contract issued on behalf of a Participant, certificate issued to a Participant, and any other written documents or instruments related to any such matters are a part of the Plan as if fully set forth in the Plan document and the provisions of which are hereby incorporated by reference into the Plan. In the case where there is any AGENDA ITEM #5. h) 26 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 inconsistency or ambiguity between the terms of the Plan and those of any contract, certificate, custodial agreement, trust, or other such document or instrument if any, funding the Plan, the terms of the contract, certificate, custodial agreement, trust, or other such document or instrument will control to the extent not inconsistent with the applicable provisions of the Code and any applicable regulations issued thereunder. 14.5 Pronouns. Whenever used herein, the masculine pronoun is deemed to include the feminine. The singular form, whenever used herein, shall mean or include the plural form where applicable, and vice versa. 14.6 Representations. The Employer does not represent or guarantee that any particular Federal or State income, payroll, personal property, or other tax consequence will result from participation in this Plan. A Participant should consult with professional tax advisors to determine the tax consequences of his or her participation. Furthermore, the Employer does not represent or guarantee investment returns with respect to any Investment Option and shall not be required to restore any loss which may result from such investment or lack of investment. 14.7 Severability. This Plan document is intended to comply with the applicable provisions of the Code, Treasury regulations, and other IRS guidance issued thereunder. To the extent not inconsistent with Section 14.4, if any provision in this Plan document is inconsistent therewith, the inconsistent provision shall be struck from the document and replaced with the applicable provision from the Code, Treasury regulation, or any other applicable IRS guidance. In addition, if a court of competent jurisdiction holds any provision of this Plan to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be fully effective. 14.8 Applicable Law. This Plan shall be construed in accordance with applicable Federal law and, to the extent otherwise applicable, the laws of the State in which the Employer is located. 14.9 Trust Fund. To the extent the trust requirements of Section 457(g)(3) of the Code are not satisfied through one or more annuity contracts or custodial agreements satisfying the requirements of Section 401(f) of the Code, all amounts of deferrals and contributions to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the "Trust Fund" in accordance with this Plan and any trust agreement. The Trust Fund, and any subtrust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust under the laws of the state in which the Employer is located. The trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund are held for the exclusive benefit of the Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to a trust agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income AGENDA ITEM #5. h) 27 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. IN WITNESS WHEREOF, this Plan Document has been executed this _______day of ______________, 2015 CITY OF RENTON By: __________________________________ Printed Name: __________________________________ Title: __________________________________ AGENDA ITEM #5. h) Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement APPENDIX B ADOPTION AGREEMENT FOR THE ELIGIBLE 457(b) DEFERRED COMPENSATION PLAN OF CITY OF RENTON, A GOVERNMENTAL EMPLOYER AGENDA ITEM #5. h) 1 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 1. General Information (A) Name of Governmental Employer: City of Renton (B) Address of Governmental Employer: 1055 S. Grady Way Renton, WA 98057 (C) Name of Plan: City of Renton Deferred Compensation Plan (D) Federal Tax ID Number of Governmental Employer: 91-6001271 (E) Plan Administrator's Name and Address: Maria Boggs 1055 S. Grady Way, Renton, WA 98057 2. Effective Date / Restated Effective Date (Article I - Definitions) (Select one) (A) [ ] The Plan is a new plan. The Effective Date is __________ (B) [ X ] The Plan is a restated plan. The Restated Effective Date is 10/01/2015 The Plan's initial Effective Date was 07/01/2013 3. Plan Year (Article I - Definitions) (Select all that apply) Plan Year means: (A) [ X ] The calendar year. (B) [ ] The Plan Year is a twelve (12) month period beginning on __________ and ending on the following __________. (C) [ ] The initial Plan Year is a short Plan Year beginning on __________ and ending on __________. Thereafter, the Plan Year will be the twelve (12) month period selected in Box 3(A) or Box 3(B) above. 4. Definition of Compensation (Article I - Definitions) (Please make a selection in (A) and (B)) (A) [ ] Compensation is defined as W-2 wages (including differential wage payments) [ ] Compensation will be defined as W-2 wages exclusive of the following: __________ [ X ] Compensation will be defined as follows: AGENDA ITEM #5. h) 2 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement Base Pay (B) If so selected, this amount also includes pay for accrued bona fide sick, vacation or other leave pay (but not severance pay). (Note: Any such pay must be paid within the later of 2 ½ months following Severance from Employment or the end of the calendar year which includes the date of Severance from Employment.) [ X ] Yes, include. If yes, select which types of accrued leave pay will apply to the Plan. (1) [ X ] Accrued bona fide sick pay (2) [ X ] Accrued vacation pay (3) [ X ] Other accrued leave pay (describe): Differential wage payment by reason of qualified military service (within meaning of Code Section 404(u). [ ] No, do not include. 5. Eligible Employee (Article I - Definitions) (Select all that apply) (A) [ ] All Employees of the Employer. (B) [ X ] All Employees of the Employer, other than the following excluded Employees: (1) [ X ] Leased Employees (2) [ ] Salaried Employees (3) [ ] Hourly Employees (4) [ X ] Seasonal Employees (5) [ X ] Temporary Employees (6) [ X ] Independent Contractors (7) [ ] Employees whose employment is governed by the terms of a collective bargaining agreement between Employee representatives (within the meaning of Code Section 7701(a)(46)) and the Employer, under which retirement benefits were the subject of good faith bargaining. (8) [ ] Other: ___________________________________________ 6. Contract Selection and Alternate Investment Sponsors (Article I - Definitions) (A) Investment Options are any investments made available by either TIAA-CREF under its contracts (including the use of TIAA-CREF or non-proprietary mutual funds) or any other AGENDA ITEM #5. h) 3 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement Investment Sponsor and selected for use under this Plan by the Employer, or its designee. The contracts that will be offered by TIAA-CREF under the Plan are: (Select all that apply) [ X ] TIAA Retirement Choice Plus Annuity Contract ("TIAA RCP") and CREF Retirement Choice Plus Annuity Contract ("CREF RCP"). [ ] TIAA Retirement Choice Annuity Contract ("TIAA RC") and a CREF Retirement Choice Annuity Contract ("CREF RC"). [ ] TIAA Stable Value Annuity Contract ("TIAA Stable Value") in conjunction with an RC Contract. If this option is selected, the RC Contract will also be included in the selection. [ ] For plans in existence prior to January 1, 2013, TIAA Group Supplemental Retirement Annuity Contract (“TIAA GSRA”) and CREF Group Supplemental Retirement Annuity Contract ("CREF GSRA"). (B) Alternate Investment Sponsors. (Select one) [ X ] No, alternate Investment Sponsors are not available under the Plan. TIAA-CREF is the sole Investment Sponsor under the Plan. [ ] Yes, alternate Investment Sponsors are available under the Plan. (List alternate Investment Sponsors) __________ 7. Normal Retirement Age (Article I - Definitions) (Please make a selection in (A) and if applicable, (B)) (A) General Rule. Other than provided in (B), Normal Retirement Age (“NRA”) can be defined as any age that is on or after the earlier of age 65 or the age at which a Participant can retire and receive an unreduced benefit under the Employer’s defined benefit plan (or if there is no defined benefit plan or if Participants cannot participate in that plan, a money purchase pension plan in which Participants also participate), and that is not later than age 70 ½. Alternatively, an Eligible Plan may choose or permit participants to choose any NRA that is within those ages. (1) [ ] Normal Retirement Age will be age 65. (2) [ ] Normal Retirement Age will be age __________. (3) [ X ] Normal Retirement Age will be the age selected by each Participant. (4) [ ] Normal Retirement Age is defined as follows:__________ (B) Special Rule for Participants who are Police or Firefighters. Those Participants may substitute age 40 for age 65 for the rules in (A). AGENDA ITEM #5. h) 4 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (1) [ ] Normal Retirement Age will be age 40. (2) [ ] Normal Retirement Age will be age __________. (3) [ X ] Normal Retirement Age will be the age selected by each Participant. (4) [ ] Normal Retirement Age is defined as follows:__________ 8. Annual Deferrals (Section 3.1) (Select one) (A) [ X ] Annual Deferrals may be made to the Plan up to the maximum amount permitted by law. (B) [ ] Annual Deferrals may be made to the Plan up to a maximum amount equal to __________ provided that in no event may such deferrals exceed the maximum amount permitted by law. (C) [ ] Annual Deferrals may only be made to this Plan up to the maximum permitted by law after maximizing Elective Deferrals to the Employer's 403(b) plan. (D) [ ] Annual Deferrals may not be made to the Plan. 9. Roth Elective Deferrals (Article X) (Select one) (A) [ X ] Roth Elective Deferrals may be made to the Plan up to the maximum amount permitted by law. (B) [ ] Roth Elective Deferrals may be made to the Plan up to a maximum amount equal to __________, provided that in no event may such deferrals exceed the maximum amount permitted by law. (C) [ ] Roth Elective Deferrals may only be made to this Plan up to the maximum permitted by law after maximizing Elective Deferrals to the Employer's 403(b) plan. (D) [ ] Roth Elective Deferrals may not be made to the Plan. 10. Deferral of Special Pay (Section 3.3) (Select one) If selected below, a Participant may elect to defer accumulated sick pay, accumulated vacation pay and other leave pay provided that in no event shall such deferrals to the Plan exceed the maximum amount permitted by law. [ X ] Yes, apply. (Question 4.(B) must also be checked, Yes.) [ ] No, do not apply. AGENDA ITEM #5. h) 5 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 11. Age 50 Catch-up Contributions (Section 3.7(c)) (Select one) If selected below, age 50 catch-up contributions may be made to the Plan up to the maximum amount permitted by law. [ X ] Yes, apply. [ ] No, do not apply. 12. Special Section 457 Catch-up Limitation (Section 3.7(b)) (Select one) If selected below, the special Section 457 catch-up contributions may be made to the Plan up to the maximum amount permitted by law. [ X ] Yes, apply. [ ] No, do not apply. 13. Employer Non-Elective Contributions (Section 3.5) Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. (Select one) [ ] The Employer will make non-elective contributions to the Plan on behalf of all Active Participants in an amount equal to __________% of the Participant's Compensation. [ X ] The Employer will make non-elective contributions to the Plan as follows (include a description of the class(es) of Active Participants receiving the contribution and the amount or if the contribution will be discretionary and only made to certain Active Participants as designated by the Employer in its discretion): Discretionary amount declared by Employer [ ] The Employer will not make any non-elective contributions to the Plan. 14. Employer Matching Contributions (Section 3.6) Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. (Select one) (A) [ ] The Employer will make matching contributions to the Plan on behalf of Active Participants who make an Annual Deferral pursuant to a Deferred Compensation Agreement in an amount equal to ___ % of the Participant's Compensation that is AGENDA ITEM #5. h) 6 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement contributed to the Plan for the Plan Year. (B) [ ] The Employer will make matching contributions to the Plan on behalf of Active Participants who make an Annual Deferral pursuant to a Deferred Compensation Agreement in an amount equal to ___% of the first ___% of the Participant's Compensation that is contributed to the Plan for the Plan Year. (C) [ ] The Employer will make matching contributions to the Plan as follows (include a description of the class(es) of Active Participants receiving the contribution and the amount or if the contribution will be discretionary and only made to certain Active Participants as designated by the Employer in its discretion): (D) [ X ] The Employer will not make any matching contributions to the Plan. 15. Plan-to-Plan Transfers to the Plan (Section 3.9) (Select one) Please note that, in general, direct plan-to-plan transfers to the Plan can only be made from another Eligible Governmental 457(b) Deferred Compensation Plan and if the Participant is an Eligible Employee of the Employer. No transfers to the Plan can be made by a Beneficiary. (A) [ X ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b) Deferred Compensation Plan to the extent permitted by law. (B) [ ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b) Deferred Compensation Plan, subject to the following limitations: __________ (C) [ ] Direct transfers may not be made to this Plan. 16. Plan-to-Plan Transfers from the Plan (Section 8.1) (Select one) Please note that, in general, direct plan-to-plan transfers from the Plan can only be made to another Eligible governmental 457(b) Deferred Compensation Plan following the Participant's Severance from Employment with the employer that maintained the transferor plan unless the transfer is with respect to a Participant's Beneficiary. (A) [ X ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b) Deferred Compensation Plan to the extent permitted by law. (B) [ ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b) Deferred Compensation Plan, subject to the following limitations: __________ (C) [ ] Direct transfers from the Plan may not be made. 17. Transfers to Purchase Service Credits (Section 8.2) (Select one) AGENDA ITEM #5. h) 7 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement If selected below, a Participant may request a transfer from this Plan to a defined benefit governmental plan to purchase service credit. [ X ] Yes, apply. [ ] No, do not apply. 18. Rollover Contributions (Section 3.10) (Select one) Note: An Eligible Governmental 457(b) Deferred Compensation Plan cannot accept rollovers of after-tax funds from another plan. If Roth Elective Deferrals are elected, an Eligible Governmental 457(b) Deferred Compensation Plan can accept rollovers of Roth Elective Deferrals from another Eligible Governmental 457(b) Deferred Compensation Plan, or as otherwise permitted under the Code. (A) [ X ] Rollovers to the Plan, including rollovers of Roth Elective Deferrals, are permitted to the extent permitted by law. (B) [ ] Rollovers to the Plan, excluding rollovers of Roth Elective Deferrals, are permitted to the extent permitted by law. (C) [ ] Rollovers to the Plan are not permitted. 19. In-Service Distribution at Age 70 ½ (Section 5.1(a)) (Select one) If selected below, a Participant may receive a distribution of all or a portion of his or her benefit upon attainment of age 70 ½ prior to Severance from Employment. [ X ] Yes, apply. [ ] No, do not apply. 20. Unforeseeable Emergency (Section 5.5) (Select one) If selected below, a Participant may receive a distribution due to Unforeseeable Emergency prior to Severance from Employment. (A) [ X ] Yes, apply. If “Yes” is selected, please select who will be making the determination approving an Unforeseeable Emergency: (1) [ X ] Employer/Plan Administrator (2) [ ] Other Investment Sponsor/Third Party Administrator (name): __________ AGENDA ITEM #5. h) 8 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (3) [ ] TIAA-CREF (only Employers with prior approval may elect this option) (B) [ ] No, do not apply. 21. Small Balance In-service Distribution (Section 5.2) (Select one) If selected below, a Participant may receive an in-service distribution of all or a part of his or her benefit if the total amount of the Participant's benefit is less than $5,000 (or the dollar limit under Section 411(a)(11) of the Code) and the requirements of Section 5.2 of the Plan are satisfied. [ X ] Yes, apply. [ ] No, do not apply. 22. Small Balance Distributions (Section 5.4) (Please select an option from (A) and (B)) (A) If selected below, small balance distributions of Account Balances of $1,000 or less will be permitted. [ X ] Yes, apply. [ ] No, do not apply. (B) If selected below, small balance distributions of Account Balances of $5,000 or less will be distributed pursuant to Section 5.4, if permitted by an Investment Option. [ X ] Yes, apply. [ ] No, do not apply. If small balance distributions are permitted, the Account Balance threshold will be determined by including that portion of the Participant’s Account Balance that is attributable to rollover contributions (and earnings allocable thereto). 23. Special Severance from Employment Definition for Independent Contractors (Section 5.1(c)(2)) (Select one) The special definition of "Severance from Employment" contained in Section 5.1(c)(2) of the Plan will be applied to all Participants classified as independent contractors if selected below. [ ] Yes, apply. [ X ] No, do not apply. AGENDA ITEM #5. h) 9 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 24. Special Payment Date Restrictions for Independent Contractors (Section 5.1(b)) (Select one) If selected below, the special payment date restrictions for independent contractors contained in Section 5.1(b) will be applied. [ ] Yes, apply. [ X ] No, do not apply. 25. Loans (Section 9.1) (Select one) If selected below, a Participant will be permitted to receive a loan from the Plan. [ ] Yes, apply. [ X ] No, do not apply. 26. Qualified Domestic Relations Orders (Section 12.4) (Select one) If selected below, distributions pursuant to Qualified Domestic Relations Orders will be permitted under the Plan. [ X ] Yes, apply. [ ] No, do not apply. 27. Special Considerations Relating to Military Service (Section 5.1(d)) (Please make a selection in (A), (B), and (C)) (A) Participants who have died or became Disabled while performing qualified military service shall be treated as if they returned to employment the day preceding the date of death or Disability and had a Severance from Employment on the date of death or Disability. (Select one) [ X ] Yes, apply to both deceased and Disabled Participants. [ ] Yes, apply to deceased Participants. [ ] No, do not apply. (B) Deemed Severance from Employment. If elected below, Participants who have been called to active duty for thirty (30) or more days will be deemed as having a Severance from Employment for purposes of receiving a distribution under the Plan. Any distribution under this Section 5.1(d) requires a suspension of Annual Deferrals under the Plan for six (6) months. AGENDA ITEM #5. h) 10 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (Select one) [ X ] Yes, apply. [ ] No, do not apply. (C) Credit for Benefit Accruals for Deceased Participants. If elected below, Participants who die while performing qualified military service will be credited with service to the Employer for the period of qualified military service. Any Employer contributions made to the Plan for these Participants will comply with Section 401(a)(37) of the Code. (Select one) [ X ] Yes, apply. [ ] No, do not apply. By executing this Adoption Agreement, the Employer adopts the 457(b) Deferred Compensation Plan described herein and in the Plan document. The selections and specifications contained in this Adoption Agreement together with the terms, provisions and conditions provided in the Plan document constitute the Plan. It is understood that TIAA-CREF is not a party to the Plan and shall not be responsible for any tax or legal aspects of the Plan. The Employer assumes responsibility for these matters. The Employer acknowledges that it has counseled, to the extent necessary, with its attorney or other tax advisor. The obligations of the Investment Sponsors shall be governed solely by the provisions of its contracts and policies. TIAA-CREF shall not be required to inquire into any action taken by the Employer or the Plan Administrator and shall be fully protected in taking, permitting or omitting any action on the basis of the actions of the Employer or the Plan Administrator. TIAA-CREF shall incur no liability or responsibility for carrying out actions as directed by the Employer or the Plan Administrator. The provisions you select in completing this Adoption Agreement will apply to your Plan as if they were set forth in the Plan document. In completing this Adoption Agreement, you are urged to consult with your attorney or tax advisor. TIAA-CREF does not and cannot provide legal or tax advice. Failure to properly fill out the Adoption Agreement may result in the failure of your Plan to satisfy the requirements of an eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code of 1986, as amended. AGENDA ITEM #5. h) 11 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement IN WITNESS WHEREOF, this Adoption Agreement has been executed this __________ day of __________, 2015. Employer: City of Renton By: ________________________ Printed Name: ________________________ Title: ________________________ V4.02-4.02 AGENDA ITEM #5. h) APPENDIX C DWT 23603513v4 0017572-000050 CITY OF RENTON 457 (b) PLAN CLAIMS AND APPEAL PROCEDURES AND LIMITATION PERIOD The following sets forth the benefit claims and appeal procedures, limitation periods, and amendment authority under the 457 (b) Deferred Compensation Plan of City of Renton, a governmental employer (“the Plan”). This document is an amendment to the Plan and shall be attached as an Appendix to the Plan. Initial Claim If you are entitled to benefits under the Plan, you need to make a claim to the Plan recordkeeper (currently TIAA-CREF) in order to receive your benefits. However, if you disagree with the information or computations in connection with any of your benefits, or if you disagree with the information concerning your eligibility or any other issues, such as investments or expenses, you must make a claim to the Benefits Manager for the City of Renton (“Plan Administrator”). The Plan Administrator has the sole discretion to decide all issues of fact or law. Any decision by the Plan Administrator that does not constitute an abuse of discretion must be upheld by a court of law. If you make a claim, that claim should be in the form of a letter stating why you disagree and should include all facts and information you want the Plan Administrator to consider. You will be advised of the acceptance or rejection of your claim within 90 days after your claim is received, unless special circumstances require an extension of time for processing the claim. If the Plan Administrator requires an extension, written notice of the extension will be furnished to you prior to the end of the initial 90- day period. The extension will not exceed an additional period of 90 days. The extension notice from the Plan Administrator will state the reason requiring the extension of time and the date by which the Plan Administrator expects to make a final decision. If your claim is denied, it must be denied in writing and the denial must state in detail the specific reasons for the denial, the specific Plan provision s upon which the denial is based, any additional material or information which you may provide which would entitle you to the benefits you claim, and an explanation of why such material or information is necessary. The notice of denial must also explain the steps to be taken if you or your beneficiary wishes to submit a claim for review. Request for Review of Denied Claim If you choose to submit a claim for review by the Plan Administrator, then within 60 days after the date your claim is denied, you or your authorized representative must make a written request to the Plan Administrator for review. Your request for review of your denied claim should include a statement of the reasons your claim should be allowed. You or your representative may examine any documents the Plan Administrator has in its files that will be used in reaching a decision, and you may also submit additional written comments to the Plan Administrator that support your claim. The Plan Administrator will advise you of its decision in writing within 60 days following receipt of your request for review, unless special circumstances require an extension of time for processing. If an extension is necessary, a decision will be made as soon as possible, but not later than 120 days after the Plan Administrator receives your request for review. AGENDA ITEM #5. h) DWT 23603513v4 0017572-000050 If an extension of time for review is required, written notice of the extension and the Plan Administrator’s reasons for needing more time will be furnished to you prior to the commencement of the extension. The decision of review will be in writing and will include specific reasons for the decision, as well as specific references to the plan provisions upon which the decision is based. The decision of the Plan Administrator will be final and will be subject to no further appeal or review. Any decision by the Plan Administrator that does not constitute an abuse of discretion must be upheld by a court of law. Limitation Period: Venue Effective January 1, 2015, claims under this Plan (“Plan Claim”) must be filed with the appropriate court, after exhausting administrative remedies, within three years from the accrual of the cause of action. A Plan Claim will accrue, hereunder, when the claimant knows, or with reasonable diligence should have known, of the underlying facts giving rise to the claim, regardless of whether claimant is aware of the legal significance of such facts. Notwithstanding the foregoing, a Plan Claim will accrue at an earlier point in time when there has been a clear repudiation of the Plan Claim by the Employer, the Plan Administrator, the Retirement Plan Committee or an agent thereof. For example, a claim involving eligibility under will accrue as of the date the employee first became eligible or was first excluded from eligibility under the Plan. A claim involving service or compensation will accrue as of the first day that the employee was aware or should have been aware (for example, by examination of any participant or employee statement or report) of an error involving the service, compensation, or pay. A claim involving an investment return or expense will accrue on the first day that the employee was aware or should have been aware (for example, by examination of the material on the Plan’s web site or on a Participant’s statement) of the investment return or expense. An employee or participant must timely exhaust his or her administrative remedies under the Plan before timely seeking a judicial remedy. If, as of the effective date of this notice, the limitation period has started to run, but has not run in its entirety as of the date of this amendment, an employee or participant shall have the greater of: (i) the limitation periods set forth above, or (ii) six months from the effective date of this amendment, to file an administrative claim, and six months after the final decision on such administrative claim to seek judicial review, or if an administrative claim is currently pending, the claimant must seek judicial review within six months after the final decision on such administrative claim. Venue for any lawsuit under this Plan is expressly limited to Western Washington State. Amendment Authority The Plan may be amended by either the Employer or the Retirement Plan Committee. Administrative amendments, i.e. amendments required by a change in law, may be made by the Plan Administrator. Dated: ________________________, 2015 CITY OF RENTON By: ______ Title: Effective Date of Notice: January 1, 2015 AGENDA ITEM #5. h) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:Construction Agreement with CenturyLink for the SW 7th Street, Powell Avenue SW to Lind Avenue SW Storm System Improvement Project RECOMMENDED ACTION:Council Concur DEPARTMENT:Utility Systems Division STAFF CONTACT:Daniel Carey, Surface Water Engineer EXT.:7293 FISCAL IMPACT: Expenditure Required:$ 0 Transfer Amendment:$ N/A Amount Budgeted:$ 0 Revenue Generated:$ 190,026 Total Project Budget:$ 4,100,000 City Share Total Project:$ N/A SUMMARY OF ACTION: The purpose of the SW 7th Street Storm System Improvement Project is to improve the storm system conveyance capacity in SW 7th Street and Hardie Avenue SW by installing a new 60-inch storm system in SW 7th Street. Phase 1 of the project was constructed in 2014-2015. Construction of Phase 2 of the project is scheduled for 2016. During the design of Phase 2 four CenturyLink fiber optic duct banks crossing SW 7th Street were found to be in vertical conflict with the new 60-inch storm pipe. To avoid relocating the fiber optic duct banks CenturyLink offered to reimburse the Surface Water Utility (SWU) for the extra costs to redesign the project to avoid the duct banks. The proposed construction agreement with CenturyLink includes CenturyLink reimbursing the City about $190,026 for the extra costs needed for the redesign work and materials. The estimated cost will be adjusted for the actual unit bid item prices in the successful low bidder’s proposal. The project is funded by the Surface Water Utility’s 427 Fund Capital Improvement Program (CIP) for the Hardie Avenue SW – SW 7th Street Storm System Improvement Project (427.475475). The 2015 Capital Improvement Program adjusted budget for the project is $4,100,000. The payments from CenturyLink for the redesign will be added to the budget account for the project in the City’s next quarterly budget adjustment. EXHIBITS: A. Issue Paper B. Construction Agreement STAFF RECOMMENDATION: Authorize the construction agreement with CenturyLink to redesign the new storm system in SW 7th Street in exchange for CenturyLink payment of approximately $190,026 for the redesign work and additional construction materials. AGENDA ITEM #5. i) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:November 19, 2015 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ron Straka, Surface Water Utility Manager, ext. 7248 Daniel Carey, Surface Water Utility Engineer, ext. 7293 SUBJECT:Construction Agreement with CenturyLink for the SW 7th Street, Powell Avenue SW to Lind Avenue SW, Storm System Improvement Project ISSUE: Should Council approve the construction agreement with CenturyLink to redesign the new storm system in SW 7th Street to avoid the conflicts with the CenturyLink duct banks in exchange for CenturyLink payment of approximately $190,026 for the redesign work and additional construction materials? RECOMMENDATION: Execute the construction agreement with CenturyLink to redesign the new storm system in SW 7th Street to avoid the conflicts with the CenturyLink duct banks in exchange for CenturyLink payment of approximately $190,026 for the redesign work and additional construction materials. BACKGROUND SUMMARY: The purpose of the SW 7th Street Storm System Improvement Project is to improve storm system conveyance capacity in SW 7th Street and Hardie Avenue SW by installing approximately 4,800 linear feet of new 60-inch storm system pipe in SW 7th Street between the outfall at Naches Avenue SW and Hardie Avenue SW. AGENDA ITEM #5. i) Mr. Ed Prince, Council President Page 2 of 3 November 19, 2015 \DCtp Phase 1 of the project was constructed in 2014-2015 and installed 1,429 linear feet of new 60-inch pipe in Naches Avenue SW to SW 7th Street, and in SW 7th Street from Naches Avenue SW to Powell Avenue SW. Construction of Phase 2 of the project is scheduled for 2016 and will involve installing 2,028 linear feet of new 60-inch pipe in SW 7th Street from Powell Avenue SW to Lind Avenue SW. During the design of Phase 2 four CenturyLink fiber optic duct banks crossing SW 7th Street were found to be in vertical conflict with the new 60-inch storm pipe. CenturyLink estimated that in order to relocate the duct banks the entire street would need to be closed for about two to four days at each duct bank location. The total time the street would need to be closed could range from 8 to 16 days. To avoid the expense and complexity of relocating the fiber optic duct banks CenturyLink offered to reimburse the Surface Water Utility (SWU) for the extra costs to redesign the project to avoid the duct banks. The SWU had its engineering consultant evaluate the feasibility of redesigning the new storm system to cross under the CenturyLink duct banks. A hydraulic analysis showed that using two 36-inch pipes to cross under each duct bank location would have only a small effect on the storm system capacity. After clearing each duct bank the storm system will be changed back to the single 60-inch pipe. Additional manholes will be installed at each duct bank location to make the transition between the 60-inch pipe and the two 36-inch pipes. The Surface Water Utility decided that redesigning the storm system to cross under the duct banks was preferred compared to having the street closed for 8 to 16 days to relocate the duct banks. The construction agreement with CenturyLink is similar to the joint utility trench construction agreements for Rainier Avenue South and NE 4th Street that the City executed with CenturyLink in 2012. The construction agreement includes CenturyLink reimbursing the City for the extra costs needed for the redesign including engineering, project management, administration, construction materials and the difference in construction costs between the original design and the redesign. The estimated cost difference shown in Attachment A to the construction agreement is $190,026. The estimated cost will be adjusted for the actual unit bid item prices in the successful low bidder’s proposal. The project is funded from the Surface Water Utility’s 427 Fund Capital Improvement Program (CIP) for the Hardie Avenue SW – SW 7th Street Storm System Improvement Project (427.475475). The 2015 Capital Improvement Program adjusted budget for the project is $4,100,000. The payments from CenturyLink for the redesign will be added to the budget account for the project in the City’s next quarterly budget adjustment. AGENDA ITEM #5. i) Mr. Ed Prince, Council President Page 3 of 3 November 19, 2015 \DCtp CONCLUSION: The Surface Water Utility recommends that the City Council authorize the Mayor and City Clerk to execute the construction agreement with CenturyLink to redesign the new storm system in SW 7th Street to avoid the conflicts with the CenturyLink duct banks in exchange for CenturyLink payment of approximately $190,026 for the redesign work and additional construction materials. 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N omm AGENDA ITEM #5. i) AGENDA ITEM #5. i) :.8Q?o*238:._um_.:m_9:2 mclmnm<<m»m«c:_:< mm_...8:Q2_._m__ Emamos»?08%<<m<mmznos.S3mmo? mam._um2<3m<nrmsmmEmmco<mmqaqmmmmm3<<:_n_..soznmmmmmm...»3m_<.:mzoznmomman: nrmsmm33m2:2_um2<3mnnoamsnm<<_:..Smu3<.m.o:m3SWmmnzo? m.n..o<m_.:.:m_.m<<. dim>mqmm3m:..<5:cmmo<m3mQc<mag__.:mSqm..ma3mnnoqamznm5...:Sm_m<<momEm mam om<<mm_.::m.8:. PUmmu?m_»mmo_.._:o_... >:<no:2o<mG<own_m_3.<<_..m..:m_.3.23.o:no_.:_.m2.?m?cam.33$.253.m«mu«mmm:.8:o_..9 o:..m«:..mo.‘<\3.38.a__.mn:<o1_.a:mQ_<32......mm«mm3m_.:cmczmmznmzqcm<_._2_AmagSm n:.<<5:cm«mmo_<mac<zmmozmzozcmszmmsSm_um2.mm.m:9._o_man::mmosm:o:1m__3 3%Aomm m.mn:mn_.__m. :5n_._.<_mno_.....:.cn:o_..noz?mnnoa<3:cmqmmco_..m__u_m?owu_m::_:mmag mn_..mn_c__:mEm:So?25.<<___ mags:muqomqmmmmn_..mac_m83m 92.._._..mn_._.<<<___mm:n_nmzEm<:z_A m83 9.3m mn_..mac_m. N23.89 >__zoznmm<5:cm323.5 23.<3:cmam__<m«ma 3 $2.28.3m:SE3 «mama:amncmmema owm:<o§m_.Qm__<m2m<m83<<_.._n_..Wnmumgm3u3<E_:m v39.2 am__<m2.>_..<man:zoznm<5: cmn_mm3mn_mmmn:<mo::..m38 3 3m.__:m.>__soznmm<5:cm8.0.338.3 Sm umammmmmumamma$.25 :.8nmzEx<:z_n m_..m::o_..Umsm mmm_o:m_nos?mn?_<_m_..mmma nmzEm<:z_A Bo z<<_Amm_.:m<><m wmznron3:: 3 :5 n_._.<3m<:mmo.._m.82.9 nmzEm<:z_A Ea m:<noma?ownrmsmmm.O:_<nrmzmmmn_cm8 czmxumnmanmzEm<:2_A $n___28a__&Em»nmz._.cm<:z_A man.Em n_._.<3cEm__<mmqmm<<m_.mso» _n_m2=._mQQczsmEm n_mm_m:uqonmmmmamm__m.c_m?ow«m_3cc_.mm3m:¢m__m_c_mnoma3m<__..n_cn_m nosmqcnzos man3m..m1m_nom$.m:m_:mm1:m~.:m_umQ...o:.mn_3__...m:m...o:.man.2:2 mmmoqmnmqnoma. EV._._..mn:.<mannm2._.cm<_._z_Ammqmm.8 _..mmo.._m.8Sm nom??owm:<nymsmmm3moon.3::3 «man:m: mn_:_$_o_mmm«mm3m_.:.AGENDA ITEM #5. i) AGENDA ITEM #5. i) AGENDA ITEM #5. i) AGENDA ITEM #5. i) AGENDA ITEM #5. i) AGENDA ITEM #5. i) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:FY 2015-2017 Municipal Stormwater Capacity-Building Grant – Ecology Grant Agreement WQSWCAP-1517-Renton-00019 RECOMMENDED ACTION:Council Concur DEPARTMENT:Utility Systems Division STAFF CONTACT:Kristina Lowthian, Civil Engineer I EXT.:7249 FISCAL IMPACT: Expenditure Required:$ 50,000 Transfer Amendment:$ N/A Amount Budgeted:$ 0 Revenue Generated:$ 50,000 Total Project Budget:$ 0 City Share Total Project:$ N/A SUMMARY OF ACTION: The City of Renton is eligible to receive up to $50,000 in non-matching grant funding between 2015 and 2017 from the Washington State Department of Ecology’s Municipal Stormwater Capacity Grant Program. This grant will assist the Surface Water Utility and the City in implementing the requirements associated with the Western Washington Phase II Municipal Stormwater Permit (Permit). The grant funding will be used to update the Surface Water Design Manual and applicable codes to meet the Permit requirements. The grant is fully funded by the Washington State Department of Ecology and does not require the City to match any funds. Per the agreement, the grant funds are effective from July 1, 2015 through March 31, 2017. A maximum limit of $25,000 is available for reimbursement prior to July 1, 2016. If funding is available for State fiscal year 2017, Ecology may reimburse up to another $25,000. Incurred costs are eligible for reimbursement from July 1, 2015 through March 31, 2017 per the agreement. The amendments to the Surface Water Utility 427 fund revenue and expenditure budgets for the grant funding was included in the City’s 2015-2016 mid-biennial budget adjustment. The grant fund amount of $50,000 would be allocated to the Renton Storm Water Manual account (427.475241.018.594.31.63.000). EXHIBITS: A. Issue Paper B. Grant Agreement STAFF RECOMMENDATION: Execute the Washington State Department of Ecology Grant Agreement WQSWCAP-1517-Renton-00019 to receive up to $50,000 in non-matching funds. AGENDA ITEM #5. j) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE:November 24, 2015 TO:Ed Prince, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Gregg Zimmerman, Administrator STAFF CONTACT:Ron Straka, Surface Water Utility Manager, ext. 7248 Kristina Lowthian, Surface Water Utility Engineer, ext. 7249 SUBJECT:Fiscal Year 2015-2017 Municipal Stormwater Capacity- Building Grant – Ecology Grant Agreement WQSWCAP-1517- Renton-00019 ISSUE: Should the City of Renton enter into a grant agreement with the Washington State Department of Ecology for non-matching grant funds, in the amount of up to $50,000 to be used by the City to assist with implementing the Western Washington Phase II Municipal Stormwater Permit requirements? RECOMMENDATION: Execute the Washington State Department of Ecology Grant Agreement WQSWCAP- 1517-Renton-00019 to receive up to $50,000 in non-matching funds. BACKGROUND SUMMARY: The City is eligible to receive up to $50,000 in grant funding from the Washington State Department of Ecology’s Municipal Stormwater Capacity Grant Program. The capacity grant will assist the Surface Water Utility and the City to implement the requirements associated with the Western Washington Phase II Municipal Stormwater Permit (Permit). The activities eligible for this grant funding include the implementation of the public education and outreach program, public involvement program, illicit discharge detection and elimination program, runoff control program and operations and maintenance program. The grant funding will be used to update the Surface Water Design Manual and applicable codes to meet the Permit requirements of the runoff control program. AGENDA ITEM #5. j) Mr. Prince, Council President Page 2 of 2 November 24, 2015 H:\File Sys\SWA - Surface Water Section Administration\SWA 51- Stormwater Grants\FY1517 Capacity Grant\Grant Authorization\Issue Paper_CapacityGrant2015_17.doc\KLtp The grant is fully funded by the Washington State Department of Ecology (Ecology) and does not require the City to match any funds. Ecology will disburse funds on a cost- incurred basis. A maximum limit of $25,000 is available for reimbursement prior to July 1, 2016. If funding is available for state fiscal year 2017, Ecology may reimburse up to another $25,000. Incurred costs are eligible for reimbursement from July 1, 2015 through March 31, 2017 per the agreement. The amendments to the Surface Water Utility 427 fund revenue and expenditure budgets for the grant funding was included in the City’s 2015-2016 mid-biennial budget adjustment. The grant fund amount of $50,000 would be allocated to the Renton Storm Water Manual account (427.475241.018.594.31.63.000). CONCLUSION: The non-matching grant with the Washington State Department of Ecology of up to $50,000 would assist the City in complying with the Western Washington Phase II Municipal Stormwater Permit. cc: Lys Hornsby, Utility Systems Director Hai Nguyen, Senior Finance Analyst Tracy Schuld, Senior Finance Analyst AGENDA ITEM #5. j) Page 1 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton Agreement WQSWCAP-1517-Renton-00019 WATER QUALITY STORMWATER CAPACITY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Renton This is a binding Agreement entered into by and between the State of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY” and City of Renton, hereinafter referred to as the "RECIPIENT" to carry out with the provided funds activities described herein. 2015-2017 Biennial Stormwater Capacity Grants GENERAL INFORMATION Project Title: Total Cost:$50,000.00 Total Eligible Cost:$50,000.00 Ecology Share:$50,000.00 Recipient Share:$0.00 The Effective Date of this Agreement is:07/01/2015 The Expiration Date of this Agreement is no later than 03/31/2017 Project Type:Capacity Grant Project Short Description: This project will assist Phase I and II Permittes in implementation or management of municipal stormwater programs. Project Long Description: N/A Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 2 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton RECIPIENT INFORMATION Organization Name:City of Renton Federal Tax ID:91-6001271 DUNS Number: 949697221 Mailing Address: Renton City Hall, 5th Floor, 1055 South Grady Way Renton, WA, 98057-3232 Physical Address: Renton City Hall, 5th Floor 1055 South Grady Way Contacts Project Manager Kristina Lowthian Civil Engineer I Renton City Hall - 5th Floor 1055 South Grady Way Renton, Washington, 98057 Email: klowthian@rentonwa.gov Phone: (425) 430-7249 Billing Contact Authorized Signatory Kristina Lowthian Civil Engineer I Renton City Hall - 5th Floor 1055 South Grady Way Renton, Washington, 98057 Email: klowthian@rentonwa.gov Phone: (425) 430-7249 Denis W Law Mayor 1055 S. Grady Way Renton, Washington, 98057 Email: dlaw@rentonwa.gov Phone: (425) 430-6500 Organization Email:rstraka@rentonwa.gov WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 3 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive Lacey, WA 98503 Contacts Project Manager Financial Manager Kyle Graunke P.O. Box 47600 Olympia, Washington, 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6638 Kyle Graunke P.O. Box 47600 Olympia, Washington, 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6638 WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 4 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work . RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement . Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement . This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement . IN WITNESS WHEREOF, the parties hereby sign this Agreement Washington State Department of Ecology Water Quality Program Manager Date Date City of Renton Heather Bartlett Mayor Denis W Law WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 5 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton SCOPE OF WORK Task Number:1 Task Cost: $0.00 Task Title:Project Administration/Management Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including photos). B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling project activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, and RECIPIENT closeout report. * Properly maintained project documentation Deliverables Project Administration/Management Number Description Due Date 1.1 Quarterly Progress Reports 1.2 Recipient Closeout Report 1.3 Project Outcome Summary Report WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 6 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton SCOPE OF WORK Task Number:2 Task Cost: $50,000.00 Task Title:Project Administration/Management Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater NPDES permits. The following is a list of elements RECIPIENT’s project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges . d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development , redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance. c) Training for plan review and/or inspection staff. d) Participation in applicable watershed planning effort . 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring . Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement . c) Staff training. 11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 7 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to: a) Illicit discharge testing equipment and materials. b) Vactor truck or sweeper truck or MS4 maintenance activities. c) Electronic devices dedicated to mapping of MS4 facilities and attributes. d) Software dedicated to tracking permit implementation activities. As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to: maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits. Recipient Task Coordinator: Kristina Lowthian Deliverables Project Administration/Management Number Description Due Date 2.1 Documentation of tasks completed WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 8 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton BUDGET Funding Distribution EG160451 Funding Title:Capacity Grant FY16 Funding Type:Grant Funding Effective Date:07/01/2015 Funding Source: Title: ELSA: Environmental Legacy Stewardship Account Type: State CFDA: Assistance Agreement: Description: MTCA Recipient Match %: 0 InKind Interlocal Allowed:No InKind Other Allowed:No Is this Funding Distribution used to match a federal grant? No Funding Expiration Date:03/31/2017 Capacity Grant FY16 Task Total Permit Implementation 25,000.00$ 25,000.00$Total: WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 9 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton BUDGET Funding Distribution EG160452 Funding Title:Capacity Grant FY17 Funding Type:Grant Funding Effective Date:07/01/2016 Funding Source: Title: ELSA: Environmental Legacy Stewardship Account Type: State CFDA: Assistance Agreement: Description: MTCA Recipient Match %: 0 InKind Interlocal Allowed:No InKind Other Allowed:No Is this Funding Distribution used to match a federal grant? No Funding Expiration Date:03/31/2017 Capacity Grant FY17 Task Total Permit Implementation 25,000.00$ 25,000.00$Total: WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 10 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%25,000.00 25,000.000.000.00Capacity Grant FY16 $$$%25,000.00 25,000.000.000.00Capacity Grant FY17 Total $$0.00 50,000.00 $50,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account . “Administrative Requirements” means the effective edition of ECOLOGY 's ADMINISTRATIVE REQUIREMENTS FOR RECIPIENTS OF ECOLOGY GRANTS AND LOANS at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 11 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements . “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the loan. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 12 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account of that name created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed. “Project Schedule” means that schedule for the project specified in the agreement. “Reserve Account” means , for a loan that constitutes Revenue-Secured Debt, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 13 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding . “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due . “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference . A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final negotiated agreement and submit a copy of the agreement to ECOLOGY. B. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . C. Cultural and Historic Resources Protection Compliance with Environmental Laws and Regulations. The RECIPIENT shall: 1) The RECIPIENT shall comply with all applicable federal, state and local environmental laws, statutes, regulations, executive orders, and permits. 2) The RECIPIENT shall comply with Ecology’s Archaeological Resource and Historic Property review process . The RECIPIENT agrees that in no case shall construction activities, ground disturbance, or excavation of any kind, begin until provisions of this process are complied with. The RECIPIENT is responsible for developing a complete Inadvertent Discovery Plan (IDP). The IDP must be immediately available by request by any party . An IDP must be immediately available and be implemented to address any discovery. The RECIPIENT will implement the procedures in the IDP, and immediately notify ECOLOGY, the Department of Archeology and Historic Preservation (DAHP), and tribal representatives if human remains, cultural, or archeological resources are discovered in the course of construction. For more details regarding requirements under this provision, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 14 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton central vendor file for Washington State agency use to process vendor payments . The RECIPIENT can complete the registration process online at http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process also allows The RECIPIENT to sign up for direct deposit payments , also known as electronic fund transfers (EFT). If The RECIPIENT have questions about the vendor registration process or setting up direct deposit payments contact DES at the Payee Help Desk at (360) 664-7779 or payeehelpdesk@des.wa.gov. E. Equipment Purchase: Equipment not included in the scope of work or a construction plan and specification approval must be pre-approved by ECOLOGY’s project manager before purchase . F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3 for Section 319 funded projects or 7 for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request . G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY. I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of this agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends, completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement will be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State. However, ECOLOGY may accept as eligible technical assistance , proposed practices, or project designs that do not meet these standards if approved in writing by the NRCS and ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF SFY15-17 CAPACITY GRANTS ECOLOGY shall reimburse eligible project expenses following the schedule below . WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 15 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton Prior to July 1, 2016: Total reimbursements to the RECIPIENT for eligible project expenses are limited to a maximum $25,000. After July 1, 2016: If funding is available, ECOLOGY will provide written notification via email to the RECIPIENT project manager stating that ECOLOGY may reimburse additional eligible expenses up to the total project eligible cost of $50,000. Eligible project expenses may be incurred at any time between July 1, 2015 and March 31, 2017. If additional funds are not available, total reimbursements for eligible project expenses will be limited to a maximum of $25,000. If the RECIPENT fails to submit two or more consecutive quarterly reports via the EAGL grant management system , ECOLOGY may consider this failure to provide progress reports as non -performance and initiate actions to amend or terminate this agreement. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations .. 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 16 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton Federal Funding Accountability And Transparency Act (FFATA) Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives , using FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award; and ·Receives more than 80 percent of its annual gross revenues from federal funds; and ·Receives more than $25,000,000 in annual federal funds ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form . ECOLOGY is required to report the FFATA information for federally funded agreements , including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov>. GENERAL TERMS AND CONDITIONS 1.ADMINISTRATIVE REQUIREMENTS a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2.AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3.ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY. RECIPIENT shall: a)Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement . WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 17 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton b)Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. c)Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d)Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement , as applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4.ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 5.COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6.COMPENSATION a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted . b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e)ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W -9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.wa.gov. h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j)RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7.COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b)RECIPIENT agrees to be bound by all federal and state laws, regulations, and policies against discrimination. c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 18 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 8.CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation , partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof . 9.CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 10.DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern , although the RECIPIENT shall have the right to appeal decisions as provided for below: a)RECIPIENT notifies the funding program of an appeal request . b)Appeal request must be in writing and state the disputed issue(s). c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d)ECOLOGY reviews the RECIPIENT’s appeal. e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 19 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton Nothing in this contract will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 11.ENVIRONMENTAL STANDARDS a)RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.ecy.wa.gov/eim. b)RECIPIENTS are required to follow ECOLOGY’s data standards when Geographic Information System (GIS) data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. c)RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work . The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort . 12.GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County . 13.INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work . To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 14.INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15.KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 20 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton or services. b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d)Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U .S. Department of Commerce, as appropriate. 17.ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18.PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY’s approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a)Provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution of any documents or materials compiled or produced. b)ECOLOGY reviews draft copy and reserves the right to require changes until satisfied . c)Provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages , blogs, and Twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT must provide a complete description including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY’s review and approval process . RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY . 19.PROGRESS REPORTING a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b)RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c)RECIPIENT shall use ECOLOGY’s provided progress report format . d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e)RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20.PROPERTY RIGHTS a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 21 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton property, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement . Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement . g)Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale , lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition , purchase, or construction costs of such property. 21.RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a)Be kept in a manner which provides an audit trail for all expenditures. b)Be kept in a common file to facilitate audits and inspections. c)Clearly indicate total receipts and expenditures related to this Agreement . d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 22 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 22.RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23.SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable . 24.STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25.SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26.SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 23 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton recycled paper. For more suggestions visit ECOLOGY’s web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. 27.TERMINATION a)For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement , or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement , and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b)For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions . If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c)By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d)In Event of Termination WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) Page 24 of 24Agreement No:WQSWCAP-1517-Renton-00019 Project Title:2015-2017 Biennial Stormwater Capacity Grants Recipient Name:City of Renton All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28.THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 29.WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. WQSWCAP-1517-Renton-00019 AGENDA ITEM #5. j) REGULAR COUNCIL - 07 Dec 2015 SUBJECT/TITLE:Establishment of the SE 165th Street Sanitary Sewer Extension Special Assessment District No. 0048 RECOMMENDED ACTION:Refer to Utilities Committee DEPARTMENT:Utility Systems Division STAFF CONTACT:Mike Benoit, Civil Engineer EXT.:7206 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: The Wastewater Utility has completed construction of the SE 165th Street Sanitary Sewer Extension. At the regular Council meeting on April 27, 2015 Council approved the preliminary Special Assessment District. The final costs and assessments have been determined and the property owners will be notified as directed by City Ordinance No. 4444. There are 11 potential single-family units within the Special Assessment District. The per-unit assessment for the district is $13,000. Per City Code, interest will accrue on the potential assessment at a rate of 0.77% for a period of 10 years beginning 30 days after final approval of the ordinance. EXHIBITS: A.Issue Paper B.Draft Final Notice of Potential Assessment C. Final Assessment District Roll D. Draft Ordinance STAFF RECOMMENDATION: Approve the final SE 165th Street Sanitary Sewer Extension Special Assessment District No. 0048 and present the Ordinance for first reading. AGENDA ITEM #5. k) PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: November 19, 2015 TO: Ed Prince, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Michael Benoit, Wastewater Utility, ext. 7206 SUBJECT: Establishment of the SE 165th Street Sanitary Sewer Extension Special Assessment District No. 0048 ISSUE: Does the City wish to finalize the Special Assessment District for the SE 165th Street Sanitary Sewer Extension Project in order to ensure that the cost of the project is equitably distributed to those who benefit? RECOMMENDATION: Approve the final SE 165th Street Sanitary Sewer Extension Special Assessment District No. 0048 and present the Ordinance for first reading. BACKGROUND SUMMARY: The City has completed work on the SE 165th Street Sanitary Sewer Extension Project. This project installed sanitary sewer in SE 165th Street (aka South 28th Street) between 106th Place SE (aka High Avenue South) and 108th Avenue SE (aka Jones Avenue South). This project provides direct sanitary sewer service to properties adjacent to the new sewer main (map attached). The Wastewater Utility proposes to use a per-connection method of calculating the assessments for the properties within the proposed assessment district. This method takes the size of the existing parcels and anticipates how many single -family equivalent residences could be constructed in accordance with the City’s proposed zoning for the area. There are 11 potential lots within the proposed assessment district boundary. AGENDA ITEM #5. k) Mr. Ed Prince, Council President Page 2 of 2 November 19, 2015 C:\Users\Mgregor\Downloads\A. Issue Paper (1).Doc\MABad The final cost for the project is $143,350, which includes construction, staff cost and survey. The Wastewater Utility is proposing to divide the cost of the project by the number of potential lots that can gain direct benefit to calculate the per-connection charge for the sewer special assessment district. The project cost used to calculate the preliminary assessment was $143,000, which calculated to a per-connection charge of $13,000. Because the final cost is insignificantly higher than the preliminary estimate ($143,350 vs $143,000), we are recommending that we use the preliminary per-connection charge of $13,000. Per City Code, interest will accrue on the potential assessment at a rate of 0.77% for a period of 10 years beginning 30 days after final approval of the ordinance. CONCLUSION: It has been the policy of the City that when sanitary sewer facilities have been installed that the City hold a Special Assessment District in order to ensure each property that benefits from the new facility pays its fair share of the costs. This policy helps ensure the existing ratepayers do not pay a disproportionate share of the costs for these City-installed facilities. Therefore, we recommend that Council approve staff’s recommendation for the establishment of the SE 165th Street Sewer Extension Special Assessment District No. 0048. Attachment cc: Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater Engineering Manager AGENDA ITEM #5. k) AGENDA ITEM #5. k) :u..__. w..ur__‘ Ltu E,.._,..___1.:. m....__m-,._._..r%.,..m:.!..§..,Fy _._#A1¢. .i3_:u.»1.1..x\x_.y1__?v.:|T._....=.4:;x< IFI!.r_. \_r|..:E _ 1..1.!,..5_June. _ x 2:.x_:._.3.q._._ 2F.:4._=_ 15..._ P5..L....,.Jr. ._._..;.J..u=..__ wx.._. 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EmEovmEa:Eazoznm<5:m:m<<m_.30$3 <o_.__,0.52.03.2 <0...no.:o<<m<m::m<mncmmzozm _um3m_:__..m.8.n.m<<m_._:m.B__m:o_._m.Em umnxmwoczq9.Em mmmmmm3m3...:.?_,_n.oo_.Em m_u_omm_Eonmmm. Emmmmnoimn?_<:n:mm_wmzoz:u_,_3m_,$3 ?m?oqmom 3 _um<mQ._1m.nm:mm:?mno:n_ma$m» Sm-$o-§H~. In/Emm<m/<<<<_u.Emnméam./2<<n-3.owmoammEms.M922mx8:m_o_../mumnm_>mmmmm3m:nCain"/m.:m_/mm3_u_mm/moan:Era madman::m_I:o2nm.n_on/._UI€ 22.8 2 _n.:m_>mmmmm3m3\_”_:m_ ._>mOZ .n.m:._.Q2 Qmqx AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) AGENDA ITEM #5. k) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM A TO THE 2009 INTERLOCAL AGREEMENT WITH KING COUNTY RELATING TO PROCESSING OF CLEARING, GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL. WHEREAS, King County (the “County”) and the City of Renton (the “City”) executed an Interlocal Agreement (“ILA”) on January 4, 2009, designating certain duties to the County related to acquiring and administering building permits for Phase V construction of the Soos Creek Trail, portions of which would be located within City limits; and WHEREAS, following years of field study, trail design work, and staffing changes, the parties met in November and December 2014 to revisit details of the ILA and design for trail; and WHEREAS, as a result of these meetings, on December 23, 2014, the parties agreed, in writing, to extend the ILA for a full five (5) years, through December 31, 2019, as provided for in paragraph 12 of the ILA; and WHEREAS, the parties now desire to acknowledge or clarify language by entering into an addendum to the ILA that the City has called attention to in prior correspondence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. AGENDA ITEM # 7. a) RESOLUTION NO.________ 2 SECTION II. The Mayor and City Clerk are hereby authorized to enter into Addendum A to the 2009 Interlocal Agreement with King County relating to processing of clearing, grading and associated building permit applications for the Soos Creek Trail. PASSED BY THE CITY COUNCIL this ______ day of ________________, 2015. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of ________________, 2015. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1682:9/2/15:scr AGENDA ITEM # 7. a) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING RESOLUTION NO. 4221 REGARDING ANNUAL REPORTS OF THE DEFERRED COMPENSATION 457(b) PLAN BY THE INVESTMENT COMMITTEE TO THE CITY COUNCIL AND ADOPTING THE TIAA‐CREF FINANCIAL SERVICES COMPANY 457(B) DEFERRED COMPENSATION PLAN DOCUMENT AS AMENDED. WHEREAS, the City Council adopted Resolution No. 4221 ratifying and confirming a number of actions of the Investment Committee of the City’s 457(b) Deferred Compensation Plan (“Plan”); and WHEREAS, in setting up the Plan, the Council deferred certain actions to the Investment Committee; and WHEREAS, Resolution No. 4221, Section II(7), requires in part that the Investment Committee shall deliver an annual report on the Plan to the Council for review and ratification; and WHEREAS, the term “ratification” is ambiguous and not within the normal nomenclature of Council practice; and WHEREAS, the terms “Council concur” or “Refer to Finance Committee” would be more normal terms for use on the Council agenda and minutes; and WHEREAS, no language was contained in Resolution No. 4221 adopting the TIAA‐CREF Financial Services Company 457(b) Deferred Compensation Plan documents, which include the base plan agreement, adoption agreement, plan variables and claim procedures; and WHEREAS, it would be advisable to adopt an internal claims and appeals process and set forth a limitations period for bringing such claims and/or appeals as part of the plan; AGENDA ITEM # 7. b) RESOLUTION NO. ________ 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The term “ratification” in Resolution No. 4221 shall be modified to “Council concur”. If Council does not concur, the matter should be referred to the Council’s Finance Committee for further explanation by the Investment Committee. SECTION III. The City Council hereby adopts the TIAA‐CREF Financial Services Company 457(b) Deferred Compensation Plan, attached hereto as Appendix A, the Adoption Agreement, attached hereto as Appendix B, and the Claims and Appeal Procedures and Limitation Procedure, attached hereto as Appendix C, which all shall collectively be known as the Deferred Compensation Plan for the City of Renton. Copies of the Deferred Compensation Plan for the City of Renton shall be available for public review in the City Clerk’s office. PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2015. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _______________________, 2015. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1680:9/10/15:scr AGENDA ITEM # 7. b) APP 45 CO CIT A G OR PENDIX 7(b) DE OMPEN TY OF GOVER RGANIZ X A EFERRE NSATIO RENTO RNMEN ZATION ED N PLAN ON, NTAL N N OF AGENDA ITEM # 7. b) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Contents ARTICLE I - DEFINITIONS ........................................................................................................... 1 1.1 Account Balance ................................................................................................................ 1 1.2 Annual Deferral .................................................................................................................. 1 1.3 Adoption Agreement .......................................................................................................... 1 1.4 Beneficiary ......................................................................................................................... 1 1.5 Code .................................................................................................................................. 1 1.6 Compensation .................................................................................................................... 1 1.7 Deferred Compensation Agreement .................................................................................. 2 1.8 Differential Wage Payment ................................................................................................ 2 1.9 Disabled or Disability ......................................................................................................... 2 1.10 Effective Date ..................................................................................................................... 2 1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan ................................ 2 1.12 Eligible Employee .............................................................................................................. 2 1.13 Employee ........................................................................................................................... 3 1.14 Employer ............................................................................................................................ 3 1.15 Includible Compensation .................................................................................................... 3 1.16 Investment Options ............................................................................................................ 3 1.17 Investment Sponsors ......................................................................................................... 3 1.18 Normal Retirement Age ..................................................................................................... 3 1.19 Participant .......................................................................................................................... 4 1.20 Plan .................................................................................................................................... 4 1.21 Plan Administrator .............................................................................................................. 4 1.22 Plan Year ........................................................................................................................... 4 1.23 Restated Effective Date ..................................................................................................... 4 1.24 Severance from Employment ............................................................................................. 4 1.25 TIAA-CREF ........................................................................................................................ 4 1.26 Valuation Date ................................................................................................................... 4 ARTICLE II - PARTICIPATION IN THE PLAN .............................................................................. 4 2.1 Eligibility ............................................................................................................................. 4 2.2 Enrollment in the Plan ........................................................................................................ 5 2.3 Information Provided by the Participant ............................................................................. 5 2.4 Contributions Made Promptly ............................................................................................. 5 2.5 Leave of Absence .............................................................................................................. 5 2.6 Disability............................................................................................................................. 5 ARTICLE III - DEFERRAL OF COMPENSATION ........................................................................ 5 3.1 Annual Deferrals ................................................................................................................ 5 3.2 Modifications to Amount Deferred ...................................................................................... 6 3.3 Deferral of Special Pay ...................................................................................................... 6 3.4 Termination of Deferral ...................................................... 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Bookmark not defined. 3.5 Employer Non-Elective Contributions ................................................................................ 6 3.6 Employer Matching Contributions ...................................................................................... 6 3.7 Maximum Deferral .............................................................................................................. 6 3.8 Vesting ............................................................................................................................... 8 3.9 Plan-to-Plan Transfers to the Plan ..................................................................................... 8 3.10 Acceptance of Rollover Contributions ................................................................................ 8 3.11 Qualified Military Service.................................................................................................... 8 AGENDA ITEM # 7. b) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 ARTICLE IV - INVESTMENT OF CONTRIBUTIONS ................................................................... 9 4.1 Direction of Investment ...................................................................................................... 9 4.2 Investment Changes .......................................................................................................... 9 ARTICLE V - DISTRIBUTIONS .................................................................................................... 9 5.1 Eligibility for Payment ......................................................................................................... 9 5.2 Small Balance In-Service Distributions ............................................................................ 11 5.3 In-service Distributions from a Rollover Account .............................................................. 11 5.4 Small Balance Distributions at Severance from Employment .......................................... 11 5.5 Distribution Due to an Unforeseeable Emergency ........................................................... 12 5.6 Commencement of Distributions ...................................................................................... 13 ARTICLE VI - FORM OF PAYMENT .......................................................................................... 13 6.1 Form of Payment ............................................................................................................. 13 6.2 Limits on Income Options Under an Annuity Contract ..................................................... 14 6.3 Minimum Amounts to be Distributed ................................................................................ 14 6.4 Minimum Distribution Requirements During Participant's Lifetime ................................... 14 6.5 Election ............................................................................................................................ 15 6.6 Failure to Make Election .................................................................................................. 15 ARTICLE VII - DEATH BENEFITS ............................................................................................. 15 7.1 Form of Payment ............................................................................................................. 15 7.2 Death Distribution Requirements ..................................................................................... 16 7.3 Death of Beneficiary Before Benefits Commence ............................................................ 17 ARTICLE VIII - TRANSFERS AND ROLLOVERS ...................................................................... 17 8.1 Plan-to-Plan Transfers from the Plan ............................................................................... 17 8.2 Permissive Service Credit Transfers ................................................................................ 17 8.3 Direct Rollovers ................................................................................................................ 18 ARTICLE IX - LOANS ................................................................................................................. 19 9.1 Availability ........................................................................................................................ 19 9.2 Maximum Loan Amount ................................................................................................... 20 9.3 Terms of Loan .................................................................................................................. 20 9.4 Extended Loan Term for Leaves of Absence due to Military Service ............................... 20 9.5 Loan Default ..................................................................................................................... 21 ARTICLE X - ROTH ELECTIVE DEFERRALS ........................................................................... 21 10.1 General Application .......................................................................................................... 21 10.2 Separate Accounting ........................................................................................................ 21 10.3 Direct Rollovers ................................................................................................................ 21 10.4 Definition of Roth Elective Deferrals ................................................................................ 22 ARTICLE XI - BENEFICIARY INFORMATION ........................................................................... 22 11.1 Designation ...................................................................................................................... 22 11.2 Failure to Designate a Beneficiary ................................................................................... 23 ARTICLE XII - PLAN ADMINISTRATION ................................................................................... 23 12.1 Plan Administration .......................................................................................................... 23 12.2 Accounts and Expenses .................................................................................................. 23 12.3 Mistaken Contribution ...................................................................................................... 23 12.4 Domestic Relations Orders .............................................................................................. 24 12.5 IRS Levy .......................................................................................................................... 24 AGENDA ITEM # 7. b) TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 12.6 Procedure When Distributee Cannot be Located ............................................................. 24 12.7 Payments to Minors and Incompetents ............................................................................ 24 ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN .................................................... 25 13.1 Amendment of Plan ......................................................................................................... 25 13.2 Termination of Plan .......................................................................................................... 25 ARTICLE XIV - MISCELLANEOUS ............................................................................................ 25 14.1 Plan Non-Contractual ....................................................................................................... 25 14.2 Claims of Other Persons .................................................................................................. 25 14.3 Non-Assignability ............................................................................................................. 25 14.4 Contracts.......................................................................................................................... 25 14.5 Pronouns.......................................................................................................................... 26 14.6 Representations ............................................................................................................... 26 14.7 Severability ...................................................................................................................... 26 14.8 Applicable Law ................................................................................................................. 26 14.9 Trust Fund ........................................................................................................................ 26 AGENDA ITEM # 7. b) 1 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 INTRODUCTION The purpose of the Plan is to provide deferred compensation for Eligible Employees covered under the Plan. The Plan document and the Adoption Agreement are designated as constituting parts of a plan intended to satisfy the requirements of an Eligible Governmental Deferred Compensation Plan within the meaning of Section 457(b) of the Code, the regulations issued thereunder, and other applicable law. ARTICLE I - DEFINITIONS 1.1 Account Balance means the book entry account maintained with respect to each Participant which reflects the value of the deferred Compensation credited to the Participant, including the Participant's Annual Deferrals, any Compensation deferred under the Plan by non-elective Employer contribution (either matching contributions or non-elective contributions), the earnings or loss of the investment options held in the Investment Options (net of investment option expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. Account Balance includes any account established under Article III for rollover contributions and plan-to-plan transfers made for a Participant, any account established under Article X for Roth Elective Deferrals, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee, as defined in Section 414(p)(8) of the Code. Subject to the terms of the Investment Option, if a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance shall be maintained for each Beneficiary. 1.2 Annual Deferral means the annual amount of Compensation that a Participant elects to defer pursuant to a properly executed Deferred Compensation Agreement. Effective on and after January 1, 2011 and if elected in the Adoption Agreement, Annual Deferral includes a Roth Elective Deferral that is separately accounted for under the Plan. 1.3 Adoption Agreement means the separate agreement that is executed by the Employer which sets forth the elective and certain non-elective provisions of the Plan. The Adoption Agreement and this Plan document collectively constitute the Plan. 1.4 Beneficiary means the individual, trustee, estate, or legal entity entitled to receive benefits under this Plan which become payable in the event of the Participant's death. 1.5 Code means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections, as they may from time to time be amended or renumbered, to the Treasury regulations issued thereunder or to any applicable guidance issued by the IRS. 1.6 Compensation means, unless otherwise set forth in the Adoption Agreement, all cash remuneration for services rendered to the Employer, including salary, wages, fees, commissions, bonuses, overtime pay (collectively referred to as "regular pay") and that is includible in the Participant's gross income for the calendar year plus amounts that would AGENDA ITEM # 7. b) 2 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 be cash remuneration for services to the Employer and includible in the Participant's gross income for the calendar year but for an election under Section 457(b), 403(b), 401(k), 125, 132(f)(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer Compensation under Article III) or such other meaning as provided by Section 415(c)(3) of the Code. Such term also includes regular pay received after Severance from Employment if it is received within the later of two and one-half (2 1/2) months following Severance from Employment or the end of the limitation year that includes the date of Severance from Employment. To the extent elected in the Adoption Agreement, such term shall also include unused accrued bona fide sick, vacation, and/or other leave payments provided the Participant would have been entitled to use such leave had employment continued and such amounts are received by the Plan within the later of two and one-half (2 1/2) months after Severance from Employment or the end of the limitation year that includes the date of Severance from Employment. Effective January 1, 2009, the term Compensation includes Differential Wage Payments. 1.7 Deferred Compensation Agreement means the agreement between a Participant and the Employer to defer receipt by the Participant of Compensation not yet paid or otherwise made available. Such agreement shall state the Annual Deferral amount to be withheld from a Participant's Compensation and shall become effective no earlier than the first day of the month following execution of such agreement. Once executed and received by the Plan Administrator, or its designee, the Deferred Compensation Agreement shall be legally binding and irrevocable with regard to amounts paid or otherwise made available while the Agreement is in effect. 1.8 Differential Wage Payment means any payment which is made by the Employer to an Employee with respect to any period during which the Employee is performing service in the uniformed services (as defined in chapter 43 of title 38 of the Code) while on active duty for a period of more than thirty (30) days, and such payment represents all or a portion of the wages the Employee would have received from the Employer if the Employee were performing service for the Employer. 1.9 Disabled or Disability means the definition of disability in Section 72(m)(7) of the Code as determined by the Employer. 1.10 Effective Date means the date set forth in the Adoption Agreement if this is a new Plan. 1.11 Eligible Governmental Deferred Compensation Plan or Eligible Plan means a plan that constitutes an eligible governmental deferred compensation plan within the meaning of Section 457(b) of the Code that is established and maintained by an employer that is a Governmental employer and eligible to maintain a 457(b) deferred compensation plan. 1.12 Eligible Employee means any person who performs services for the Employer and who, pursuant to the terms of the Adoption Agreement, is eligible to participate in this Plan. Unless elected in Adoption Agreement, Eligible Employee shall not include any individual who is deemed to be an independent contractor, as determined by the Plan Administrator in its sole and absolute discretion. Eligible Employee shall not include any individual who AGENDA ITEM # 7. b) 3 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 is performing services for the Employer pursuant to an agreement that provides that such individual shall not be eligible to participate in this Plan or other benefit plans of the Employer. If any individual is not classified as an Eligible Employee by the Employer and is subsequently reclassified as an Eligible Employee by any overriding governmental or regulatory authority, such individual shall nevertheless be deemed to have become an Eligible Employee prospectively only, effective as of the date of such reclassification (and not retroactive to the date on which he or she was found to have first become eligible for any other purposes), and then only if he or she otherwise satisfies the requirements of this Plan. 1.13 Employee means any person, whether appointed or elected, who is employed by the Employer as a common law employee, excluding any Employee who is included in a unit of employees covered by a collective bargaining agreement that does not specifically provide for participation in the Plan. The term Employee shall include any individual classified by the Employer as an independent contractor of the Employer, in accordance with its general administrative policies. 1.14 Employer means the entity that is a state, a political subdivision of a state, and any agency or instrumentality of a state which has adopted this Plan and is named in the Adoption Agreement. 1.15 Includible Compensation means with respect to a taxable year, the Participant's compensation as defined in Section 415(c)(3) of the Code and the Treasury regulations issued thereunder for services performed for the Employer. The amount of Includible Compensation is determined without regard to any community property laws. Such term shall include any amount that would be cash remuneration for services to the Employer and includible in the Participant's gross income for the calendar year but for an election under Section 457(b), 403(b), 401(k), 125, 132(f)(4), 401(k), 403(b) or 457(b) of the Code (including an election to defer Compensation under Article III). Effective January 1, 2009, Includible Compensation will include Differential Wage Payments made by the Employer to a Participant. 1.16 Investment Options means the annuity contracts, custodial accounts, and other investment options offered by TIAA-CREF and selected by the Plan Administrator as investment options to be offered to Participants and Beneficiaries under the Plan. Investment Options shall also include any other investment alternatives made available by any other Investment Sponsor and designated pursuant to the terms of this Plan document and the Adoption Agreement as being available for the purpose of allocating contributions, rollovers, and/or transfers under this Plan. 1.17 Investment Sponsors means TIAA-CREF, any other insurance company, regulated investment company, or other entity providing Investment Options under the Plan. 1.18 Normal Retirement Age means age 65 unless otherwise provided in the Adoption Agreement. AGENDA ITEM # 7. b) 4 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 1.19 Participant means an Eligible Employee who becomes a Participant in the Plan in accordance with Article II hereof. An individual shall cease to become a Participant at such time as he or she no longer has any interest in contracts or accounts under the Plan. An "Active Participant" means a Participant who is currently an Employee. 1.20 Plan means the 457(b) Deferred Compensation Plan set forth herein and in the Adoption Agreement, as amended from time to time. 1.21 Plan Administrator means the individual(s) or committee appointed by the Employer to administer the Plan. If the Employer fails to make such appointment, the Employer shall be the Plan Administrator. 1.22 Plan Year means the twelve (12) consecutive month period designated by the Employer in the Adoption Agreement. 1.23 Restated Effective Date means the date set forth in the Adoption Agreement if the Plan is a restated plan. 1.24 Severance from Employment means the date the Participant dies, retires, or otherwise severs employment with the Employer as determined by the Plan Administrator or its designee (and taking into account guidance issued under the Code). To the extent elected in the Adoption Agreement, such term shall also include a deemed Severance from Employment during any period the Participant is performing services in the uniformed services for a period of more than thirty (30) days. 1.25 TIAA-CREF means Teachers Insurance and Annuity Association and College Retirement Equities Fund. 1.26 Valuation Date means any day that the New York Stock Exchange is open for trading. ARTICLE II - PARTICIPATION IN THE PLAN 2.1 Eligibility. (a) Eligible Employees. If this is a new plan, any Employee who is classified as an Eligible Employee under the terms of the Adoption Agreement as of the Effective Date shall be eligible to participate in the Plan on the Effective Date. If this is a restated plan, each present Participant shall continue to be a Participant in the Plan. Any other Employee who is classified as an Eligible Employee under the terms of the Adoption Agreement as of the Restated Effective Date shall be eligible to participate in the Plan on the Restated Effective Date. (b) Non-Eligible Employees. If this is a new plan, any Employee who is not eligible to participate in the Plan as of the Effective Date pursuant to paragraph (a) above, shall be eligible to participate in the Plan upon classification as an Eligible Employee. If this is a restated plan, any Employee who is not eligible to participate AGENDA ITEM # 7. b) 5 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 in the Plan as of the Restated Effective Date pursuant to paragraph (a) above, shall be eligible to participate in the Plan upon classification as an Eligible Employee. 2.2 Enrollment in the Plan. To participate in the Plan, each Eligible Employee shall complete and remit the applicable enrollment forms, including a Deferred Compensation Agreement, to the Plan Administrator or its designee. Enrollment shall be effective on or after the first day of the month following the date the properly completed enrollment forms are remitted to and accepted by the Plan Administrator or its designee. A newly hired Eligible Employee may defer Compensation payable in the calendar month in which he or she becomes an Employee if a Deferred Compensation Agreement is entered into on or before the first day on which the Eligible Employee performs services for the Employer. 2.3 Information Provided by the Participant. Each Eligible Employee enrolling in the Plan should provide to the Investment Sponsor or the Plan Administrator, as required, at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Investment Sponsor or the Administrator, as appropriate, to administer the Plan, including, without limitation, whether the Eligible Employee is a participant in any other Eligible Plan. 2.4 Contributions Made Promptly. Annual Deferrals under the Plan shall be transferred to the applicable Investment Option within a period that is not longer than is reasonable for the proper administration of the Plan. In no event, shall any Annual Deferrals be transferred to the applicable Investment Option later than fifteen (15) days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.5 Leave of Absence. Unless a Deferred Compensation Agreement is otherwise revised, if a Participant is absent from work by paid leave of absence, Annual Deferrals under the Plan shall continue to the extent Compensation continues. 2.6 Disability. A Disabled Participant may elect to make Annual Deferrals during any portion of the period of his or her Disability to the extent that he or she has actual Compensation (not imputed compensation and not disability benefits) from which to make deferrals to the Plan and has not had a Severance from Employment. ARTICLE III - DEFERRAL OF COMPENSATION 3.1 Annual Deferrals. If elected pursuant of the terms of the Adoption Agreement, an Eligible Employee may elect to make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement with the Employer. Annual Deferrals may be made up to the applicable annual limits under the Code or, or if less, the amount set forth in the Adoption Agreement. Subject to the rules of the applicable Investment Sponsor, the Plan Administrator may establish a minimum Annual Deferral amount and may change such amount from time to time. The Deferred Compensation Agreement may also include a designation of Investment Options and a designation of a Beneficiary. Any such election shall remain in effect until a new election is filed. AGENDA ITEM # 7. b) 6 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 3.2 Modifications to Amount Deferred. A Participant may elect to change the amount of his or her Annual Deferral with respect to future Compensation by submitting a new and properly executed Deferred Compensation Agreement to the Plan Administrator or its designee. Pursuant to the rules of the Investment Sponsor, if any, unless the new Deferred Compensation Agreement specifies a later effective date, a change in the amount of Annual Deferrals shall take effect as of the first day of the next following month or as soon as administratively practicable thereafter. 3.3 Deferral of Special Pay. If elected in the Adoption Agreement, a Participant may elect to defer accumulated bona fide sick, vacation, and/or other leave pay. These amounts may be deferred for any calendar month only if an agreement providing for the Annual Deferral is entered into before the beginning of the month in which the amounts would otherwise be paid or made available. 3.4 Termination of Deferral. A Participant may terminate his or her participation election by so notifying the Plan Administrator or its designee in using the administrative practices specified by the Plan Administrator or its designee. Such administrative practices may include electronic notice, if made available to Participants. Notwithstanding the provisions in Section 3.2 above, any such termination shall take effect as soon as administratively practicable following receipt by the Plan Administrator or its designee of satisfactory notice of such revocation. 3.5 Employer Non-Elective Contributions. If elected in the Adoption Agreement, the Employer shall make non-elective contributions (other than Employer matching contributions, if any, made pursuant to Section 3.6, below) to the Plan on behalf of Active Participants. No Participant shall have the right to elect to receive any amount contributed pursuant to this Section 3.5 as cash in lieu of a contribution. All such non-elective contributions shall be made at the rate or in the amount set forth in the Adoption Agreement. Any non-elective contribution will reduce, dollar for dollar, the annual amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. 3.6 Employer Matching Contributions. If elected in the Adoption Agreement, the Employer shall make matching contributions (other than Employer non-elective contributions, if any, made pursuant to Section 3.5, above) to the Plan on behalf of Active Participants who make Annual Deferrals to the Plan pursuant to a Deferred Compensation Agreement. No Participant shall have the right to elect to receive any amount contributed pursuant to this Section 3.6 as cash in lieu of a contribution. All such matching contributions shall be made at the rate or in the amount set forth in the Adoption Agreement and shall be based on the amount of Annual Deferrals made by an Active Participant to the Plan during the year. Any matching contribution will reduce, dollar for dollar, the annual amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. 3.7 Maximum Deferral. AGENDA ITEM # 7. b) 7 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) Primary Limitation. The maximum amount that may be contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of any Participant, other than by means of a rollover or rollover or plan-to-plan transfer, shall not exceed the lesser of: (1) the annual applicable dollar amount, as set forth in Section 457(e)(15) of the Code, or (2) 100% of the Participant's Includible Compensation for the taxable year. (b) Special Section 457 Catch-Up Limitation. If elected in the Adoption Agreement, for one (1) or more of the last three (3) taxable years ending before the calendar year of a Participant's attainment of Normal Retirement Age ("NRA"), the Participant may utilize the catch-up provision under Section 457(b)(3) of the Code, When special Section 457 catch-up is utilized, the maximum amount that may be contributed to the Plan pursuant to Sections 3.1, 3.5, and 3.6 hereof on behalf of a Participant, other than by means of a rollover or plan-to-plan transfer, shall be the lesser of X or Y. X shall be, for any taxable year beginning on or after January 1, 2002, twice (2 times) the applicable dollar amount in effect under Section 457(b)(2)(A) of the Code for such year. Y shall be the sum of (i) the primary limitation amount determined under Section 3.7(a), above, for the year, and (ii) underutilized amounts, which is that portion of the primary limitation amount determined under Section 3.7(a), above, that is not utilized by the Participant in prior taxable years (beginning after 1978) in which the Participant was eligible to participate in the Plan. The special Section 457 catch-up limitation is available to a Participant during one (1) three (3)-year period only. If the Participant uses the special Section 457 catch-up limitation and then postpones retirement or returns to work after retirement, the Participant cannot utilize special Section 457 catch-up again, even if he or she has underutilized amounts in the Plan or only utilized special Section 457 catch-up in less than all of the three (3) years prior to the year the Participant attained his or her NRA. (c) Catch-Up Limitation For Individuals Age 50 or Older. To the extent permitted by law and elected in the Adoption Agreement, the maximum Annual Deferral that may be contributed pursuant to Section 3.1 for any individual who has attained the age of 50, or older, before the close of a taxable year, shall be increased by the applicable amount set forth in Section 414(v) of the Code. Notwithstanding the immediately preceding sentence, contributions shall not be made in accordance with this Section 3.7(c) during any year in which special Section 457 catch-up, described in Section 3.7(b), provides a higher limitation. (d) Coordination with Other Code Section 457(b) Plans. If a Participant participates in more than one (1) Code Section 457(b) plan, all Code Section 457(b) plans are aggregated and the maximum deferral under all such plans shall not exceed the applicable limit described in Section 3.7(a), above, or if the special Section 457 or age 50 catch-up is utilized, the applicable limitation described in Section 3.7(b) or (c), above). AGENDA ITEM # 7. b) 8 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (e) Distribution of Excess Deferrals. To the extent that any amount deferred under the Plan for any taxable year exceeds the limitations of this Section 3.7, any excess deferrals will be distributed pursuant to the applicable provisions of the Code, regulations, or other IRS guidance issued thereunder. 3.8 Vesting. A Participant shall be fully vested at all times in his or her accrued benefits under this Plan. Such accrued benefits shall be non-forfeitable at all times. 3.9 Plan-to-Plan Transfers to the Plan. To the extent provided in the Adoption Agreement and pursuant to the rules of each Investment Sponsor, a Participant, but not a Beneficiary, may elect to make contributions that are transferred directly from the Participant's prior employer's Eligible Governmental Deferred Compensation Plan under Section 457(b) of the Code. Notwithstanding the foregoing, transfers shall be permitted only to the extent (i) the transferor plan provides for such direct transfers, (ii) the receiving plan provides for the receipt of plan-to-plan transfers, and (iii) the Participant will have an amount deferred immediately after the transfer at least equal to the amount deferred with respect to that Participant immediately before the transfer, and (iv) the Participant gives written direction to the Employer or its designee in a satisfactory form to make such transfer. The Plan Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with Section 457(e)(10) of the Code and Section 1.457-10(b) of the Treasury regulations and to confirm that the other plan is an eligible governmental plan as defined in Section 1.457-2(f) of the Treasury regulations. The amount so transferred shall be credited to the Participant's Account Balance and shall be held, accounted for, administered and otherwise treated in the same manner as an Annual Deferral by the Participant under the Plan, except that the transferred amount shall not be considered an Annual Deferral under the Plan in determining the maximum deferral limit under Section 3.7. Such funds and the accumulation generated from them shall be fully vested and nonforfeitable at all times. 3.10 Acceptance of Rollover Contributions. If so provided in the Adoption Agreement and if an Active Participant is entitled to receive, and elects to receive, an eligible rollover distribution from any eligible retirement plan within the meaning of Section 402(c)(8)(B) of the Code, each Investment Sponsor shall, subject to the rules of such Investment Sponsor, accept such amount under this Plan, provided that the rollover to this Plan is made either directly from another such plan or by the Active Participant within sixty (60) days of the receipt of the distribution. Any such amounts rolled over from any such plan shall be made in the form of cash only and accounted for separately upon acceptance as a rollover under this Plan. Such funds and the accumulation generated from them shall be fully vested and nonforfeitable at all times and shall not be considered when calculating the maximum deferral limit under Section 3.7. 3.11 Qualified Military Service. AGENDA ITEM # 7. b) 9 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. (b) A Participant whose employment is interrupted by qualified military service under Section 414(u) of the Code or who is on a leave of absence for qualified military service under Section 414(u) of the Code may elect to make additional Annual Deferrals upon resumption of employment with the Employer equal to the maximum Annual Deferrals that the Participant could have elected during that period if the Participant's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Annual Deferrals, if any, actually made for the Participant during the period of the interruption or leave. This right applies for five (5) years following the resumption of employment (or, if sooner, for a period equal to three (3) times the period of the interruption or leave). ARTICLE IV - INVESTMENT OF CONTRIBUTIONS 4.1 Direction of Investment. A Participant may request that amounts contributed to the Plan on his or her behalf be allocated among the available Investment Options available under the Plan. The Investment Options shall include the Investment Options made available by TIAA-CREF and any other approved Investment Sponsors. The initial allocation request may be made at the time of enrollment. Once made, an investment allocation request shall remain in effect for all subsequent contributions until changed by the Participant. 4.2 Investment Changes. A Participant may change any investment allocation made by such Participant hereunder, or transfer existing accumulations to another Investment Option available under the Plan, by submitting a written request to the Employer or its designee on such form as may be required by the Employer or its designee. Any such changes shall become effective as soon as administratively feasible after the Employer or its designee receives a satisfactory written request. ARTICLE V - DISTRIBUTIONS 5.1 Eligibility for Payment. (a) Subject to the terms of the Investment Options, distribution of benefits from the Plan shall be made no earlier than: (i) when the Participant has a Severance from Employment (other than due to death), (ii) Plan termination, (iii) the Participant has amounts separately held in a rollover account and, if elected in the Adoption Agreement: (iv) the calendar year in which the Participant attains age 70-1/2, (v) in the event of an approved financial hardship due to an Unforeseeable Emergency, or (vi) the Participant is eligible for an in-service distribution of his or her small Account Balance. AGENDA ITEM # 7. b) 10 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (b) Notwithstanding the foregoing, if elected in the Adoption Agreement, with respect to amounts payable to a Participant who is classified as an independent contractor, as determined by the Plan Administrator in its sole and absolute discretion, no amount will be paid to the Participant before a date at least twelve (12) months after the day on which the contract expires under which services are performed for the Employer (or, in the case of more than one contract, all such contracts expire); and no amount payable to the Participant on that date will be paid to the Participant if, after expiration of the contract (or contracts) and before that date, the Participant performs services for the Employer as an independent contractor or an Employee. (c) "Severance from Employment" means the termination of a Participant's employment with the Employer for any reason including the Participant's death or retirement. (1) A Participant will be deemed to have incurred a Severance from Employment without regard to whether such Participant continues in the same job for a different employer following liquidation, merger, consolidation, or other similar transaction. (2) Pursuant to an election in the Adoption Agreement, "Severance from Employment" for a Participant classified as an independent contractor shall mean the cessation of services upon expiration of the contract (or in the case of more than one contract, all contracts) under which services are performed for the Employer provided the expiration constitutes a good-faith and complete termination of the contractual relationship. Expiration will not constitute a good-faith and complete termination of the contractual relationship if the Employer anticipates a renewal of the contractual relationship or the independent contractor becoming an Employee. For this purpose, an Employer is considered to anticipate the renewal of the contractual relationship with an independent contractor if it intends to contract again for the services provided under the expired contract, and neither the Employer nor the independent contractor has eliminated the independent contractor as a possible provider of services under any such new contract. Further, an Employer is considered to intend to contract again for the services provided under an expired contract if the Employer's doing so is conditioned only upon incurring a need for the services, the availability of funds, or both. (d) Special Considerations Relating to Military Service. (1) Unless otherwise elected in the Adoption Agreement, a Participant who dies (or becomes Disabled) on or after January 1, 2007, while performing qualified military service will be treated as if he/she had resumed employment with the Employer on the date preceding death (or Disability) and terminated employment on the actual date of death (or Disability). AGENDA ITEM # 7. b) 11 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (2) If elected in the Adoption Agreement and notwithstanding anything herein to the contrary, a Participant shall be deemed as have had a Severance from Employment during any period the individual is performing service, for thirty (30) or more days, in the uniformed services described in Section 3401(h)(2)(A) of the Code, thereby enabling the Participant to take a distribution, but if the Participant elects such a distribution, the Participant may not make any Annual Deferrals to the Plan for a six-month period beginning on the date of distribution. (3) Unless otherwise elected in the Adoption Agreement, with respect to deaths occurring on and after January 1, 2007, and in accordance with Section 401(a)(37) of the Code, any additional benefits (other than benefit accruals relating to the period of qualified military service,) made available to the Beneficiary of a Participant who dies while in the active employment of the Employer shall be made available to the Beneficiary of an Active Participant who is on leave and dies while performing qualified military service (as defined in Section 414(u) of the Code). If the Employer elects to credit Participants who die while performing qualified military service with benefit accruals in the Adoption Agreement, any Employer contribution will comply with Section 401(a)(37) of the Code. 5.2 Small Balance In-Service Distributions. Subject to the terms of the Investment Options and if elected in the Adoption Agreement, a Participant may elect to receive an in-service distribution of the Participant's benefit under the Plan if the following requirements are met: (a) excluding rollover contributions held in a separate account, the total amount of the Participant's benefit under the Plan does not exceed $5,000 (or the dollar limit under Section 411(a)(11) of the Code), (b) the Participant has not previously received a distribution under this provision of the Plan, and (c) no amounts have been deferred under the Plan with respect to the Participant during the two (2)-year period ending on the date of the in-service distribution. 5.3 In-service Distributions from a Rollover Account. If a Participant has a separate account attributable to rollover contributions to the Plan, the Participant may at any time elect to receive a distribution of all or any portion of the amount held in the rollover account. 5.4 Small Balance Distributions at Severance from Employment. Subject to the terms of the Investment Option and if elected in the Adoption Agreement, the Employer may direct the Investment Sponsor to distribute the total amount payable to a Participant who has a Severance from Employment in the form of a lump sum payment within sixty (60) days of AGENDA ITEM # 7. b) 12 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 the Participant's Severance from Employment, but only if the total amount does not exceed $1,000. Further, unless otherwise elected by the Participant, if a Participant's Account Balance exceeds $1,000 but not $5,000 (or the dollar limit under Section 411(a)(11) of the Code), the Employer may direct the Investment Sponsor to distribute the total amount payable to a Participant in a direct rollover to an individual retirement plan designated by the Employer or its designee. The determination of whether a Participant's Account Balance exceeds the small balance threshold shall be determined by including rollover contributions (and earnings attributable thereto) within the meaning of Sections 402(e), 403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the Code. 5.5 Distribution Due to an Unforeseeable Emergency. (a) If elected in the Adoption Agreement, a Participant, but not a Beneficiary after the Participant's death, may request a distribution due to an "Unforeseeable Emergency", as defined by Section 1.457-6(c)(2) of the Treasury regulations, by submitting a written request to the Plan Administrator or its designee, accompanied by evidence to demonstrate that the circumstances being experienced qualify as an Unforeseeable Emergency. The Plan Administrator or its designee shall have the authority to require such evidence, as it deems necessary to determine if a distribution shall be warranted. If an application for a distribution due to an Unforeseeable Emergency is approved, the distribution shall be limited to an amount sufficient to meet the Unforeseeable Emergency. (b) Unless defined otherwise by the Code or regulations, "Unforeseeable Emergency" generally means a severe financial hardship to the Participant resulting from an illness or accident of the Participant, the Participant's spouse, the Participant's dependent (as defined in Section 152 of the Code without regard to Section 152(b)(1), (b)(2), and (d)(1)(B)) or the Participant's primary beneficiary, loss of the Participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. The circumstances that will constitute an Unforeseeable Emergency will depend upon the facts of each case, but, in any case, payment may not be made to the extent that such emergency is or may be relieved: (1) through reimbursement or compensation by insurance or otherwise; (2) by liquidation of the Participant's assets, to the extent that liquidation of such assets would not itself cause severe financial hardship; or (3) by cessation of deferrals under the Plan. The purchase of a home and the payment of college tuition are not considered to be an Unforeseeable Emergency. Imminent foreclosure of or eviction from the Participant's primary residence, the need to pay for medical expenses, including AGENDA ITEM # 7. b) 13 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 prescription drug medication, or the need to pay the funeral expenses of the Participant's spouse, the Participant's dependent, or the Participant's primary Beneficiary may constitute an Unforeseeable Emergency. 5.6 Commencement of Distributions. (a) Subject to the terms of the Investment Options, upon Severance from Employment (other than due to death), a Participant may commence distribution of benefits at any time following Severance from Employment by submitting a request to the Investment Sponsor. In the event a Participant fails to make an election during the initial election period, the Participant shall receive a lump sum distribution following the expiration of the initial election period and within ninety (90) days following Severance from Employment, unless an alternate default distribution date and/or distribution option is available and elected in the Adoption Agreement. (b) Notwithstanding the provisions of Section 5.6(a) above, in no event shall distribution of benefits commence with respect to any Participant later than the April 1st of the calendar year following the calendar year in which the Participant attains age 701/2, or if later, the April 1st of the calendar year following the calendar year in which the Participant incurs a Severance from Employment. ARTICLE VI - FORM OF PAYMENT 6.1 Form of Payment. To the extent permitted by the Investment Options, distributions to Participants will be made in a single lump sum unless other distribution options are made available by any Investment Sponsor and selected for use under the Plan. These alternative distribution options may include: (a) Single Life Annuity. An annuity payable in equal installments for the life of the Participant that terminates upon the Participant's death. (b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of the Participant and his or her Beneficiary. (c) Fixed Period Payments. Payments for a fixed period subject to the terms or limitations of the applicable Investment Sponsor or Investment Options. (d) Any other annuity or withdrawal options as provided under the Investment Options available under this Plan. All forms of payments shall be subject to the limitations of the applicable Investment Sponsor and its Investment Options. AGENDA ITEM # 7. b) 14 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 6.2 Limits on Income Options Under an Annuity Contract. Distributions from an annuity contract, if not made in a single lump sum, shall be made over a period that does not exceed: (a) the life of the Participant; (b) the lives of the Participant and his or her designated Beneficiary; (c) a period certain not extending beyond the life expectancy of the Participant; or (d) a period certain not extending beyond the life expectancies of the Participant and his or her designated Beneficiary. 6.3 Minimum Amounts to be Distributed. (a) If a Participant's retirement payments are to be distributed in a form other than a single lump sum, the amount to be distributed each year, and the times those amounts are paid, shall satisfy the requirements specified in Section 401(a)(9) of the Code and the regulations issued thereunder. (b) Notwithstanding the foregoing Section 6.3(a), a Participant or Beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Section 401(a)(9)(h) of the Code ("2009 RMDs"), and who would have satisfied that requirement by receiving distributions that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially equal distributions (that include the 2009 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or joint life expectancy) of the Participant and the Participant's designated Beneficiary, or for a period of at least ten (10) years ("Extended 2009 RMDs"), will receive those distributions for 2009 unless the Participant or Beneficiary chooses not to receive such distributions. Participants and Beneficiaries described in the preceding sentence will be given the opportunity to elect not to receive the distributions described in this Section 6.3(b). 6.4 Minimum Distribution Requirements During Participant's Lifetime. (a) Requirements of Code and Related Regulations Incorporated. All distributions required under this Section 6.4 will be determined and made in accordance with Section 401(a)(9) of the Code and the regulations issued thereunder. (b) Time and Manner of Distribution. (1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the April 1st of the calendar year following the calendar year in which the Participant attains age 701/2, or if later, the April 1st of the calendar year AGENDA ITEM # 7. b) 15 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 following the calendar year in which the Participant incurs a Severance from Employment. (2) Amount of Required Minimum Distribution for Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year will be determined under the applicable provisions of Section 401(a)(9) of the Code and the Treasury regulations issued thereunder. (3) Lifetime Required Minimum Distributions Continue through Year of Participant's Death. Required minimum distributions will be determined under this Section 6.4 beginning with the first (1st) distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death. Any amount due but untaken in the year of death, must be received by the Beneficiary, even if the Beneficiary elects to delay payments under the five (5) year rule under Section 7.2(b). 6.5 Election. Subject to the rules of the Investment Sponsor and the form(s) of distribution available under the Plan, a Participant or Beneficiary may elect the form of distribution of his or her benefits and may revoke that election at any time at least thirty (30) days before his or her benefits begin, or such other time as permitted by the Plan Administrator or its designee, by notifying the Investment Sponsor in writing of his or her new election. Unless otherwise set forth in the Adoption Agreement, all distributions of benefits paid pursuant to the terms of this Plan shall be paid directly by the applicable Investment Sponsor to the Participant or Beneficiary. 6.6 Failure to Make Election. If a Participant or Beneficiary fails to elect a form of payment in a timely manner, to the extent permitted by the Investment Option, benefits shall be paid in a single lump sum. ARTICLE VII - DEATH BENEFITS 7.1 Form of Payment. Distributions to Beneficiaries will be made in a single lump sum to the designated Beneficiary as soon as administratively feasible following the death of the Participant unless the Beneficiary selects an alternative distribution option that is made available by any other Investment Sponsor and selected for use under the Plan. These alternative distribution options may include: (a) Single Life Annuity. An annuity payable in equal installments for the life of the Beneficiary that terminates upon the Beneficiary's death. (b) Joint Life Annuity. An annuity payable in equal installments for the joint lives of the Beneficiary and his or her beneficiary. (c) Fixed Period Payments. Payments for a fixed period subject to the terms or limitations of the applicable Investment Sponsor or Investment Options. AGENDA ITEM # 7. b) 16 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (d) Any other annuity or withdrawal options provided under the Investment Options. All forms of payments shall be subject to the limitations of the applicable Investment Sponsor and its Investment Options. 7.2 Death Distribution Requirements. Notwithstanding any other provisions in this Section, any distribution option selected by a Beneficiary must comply with the following distribution provisions: (a) Death After Distributions Begin. If the Participant dies after distribution of his or her interest has commenced, the remaining portion of such interest shall continue to be distributed at least as rapidly as the method of distribution being used prior to the Participant's death. (b) Death Before Distributions Begin. If the Participant dies before distribution of his or her interest has commenced, distribution of the Participant's entire interest shall be completed by the December 31st of the calendar year containing the fifth (5th) anniversary of the Participant's death, except to the extent that the recipient of such benefits elects to receive distributions in accordance with (1) or (2) below: (1) If any portion of the Participant's interest is payable to a designated Beneficiary, distributions may be made in substantially equal annual payments over the life of the designated Beneficiary, or over a period certain not extending beyond the life expectancy of the designated Beneficiary, and commencing no later than the December 31st of the calendar year immediately following the calendar year in which the Participant died; (2) If the designated Beneficiary is the Participant's surviving spouse, the date distributions are required to begin in accordance with (1) above shall be the December 31st immediately following the calendar year in which the Participant died or, if later, the December 31st of the calendar year in which the Participant would have attained age 701/2. (3) If the Participant has not made an election pursuant to this Section 7.2 by the time of his or her death, the Participant's designated Beneficiary must elect the method of distribution no later than the earlier of (a) the December 31st of the calendar year in which distributions would be required to begin under this Section 7.2, or (b) the December 31st of the calendar year which contains the fifth (5th) anniversary of the date of death of the Participant. If the Participant has no designated Beneficiary, or if the designated Beneficiary does not elect a method of distribution, distribution of the Participant's entire interest must be completed by the December 31st of the calendar year containing the fifth (5th) anniversary of the Participant's death. AGENDA ITEM # 7. b) 17 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (c) For purposes of Section 7.2(b), if the surviving spouse dies after the Participant, but before payments to such spouse begins, the provisions of Section 7.2(b) with the exception of paragraph (2) shall be applied as if the surviving spouse were the Participant. (d) For purposes of this Section 7.2, any amount paid to a child of the Participant will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority. (e) For the purposes of this Section 7.2, distribution of a Participant's interest is considered to begin on the Participant's required beginning date (or, if applicable, the date distribution is required to begin to the surviving spouse). If distribution in the form of an annuity irrevocably commences to the Participant before the required beginning date, the date distribution is considered to begin is the date distribution actually commences. 7.3 Death of Beneficiary Before Benefits Commence. In the event that a Beneficiary dies after becoming entitled to receive benefits under this Plan but before distributions to the Beneficiary have commenced, the benefits due such Beneficiary shall be paid to the estate of the Beneficiary in a single lump sum payment as soon as administratively feasible following the Beneficiary's death. No other distribution elections shall be permitted. ARTICLE VIII - TRANSFERS AND ROLLOVERS 8.1 Plan-to-Plan Transfers from the Plan. (a) If elected in the Adoption Agreement and subject to the terms of the Investment Option, any Participant (or Beneficiary upon the Participant's death) can elect to have his or her Account Balance transferred to another Eligible Governmental Deferred Compensation Plan (the "receiving plan") and the transfer satisfies the applicable requirements of Section 1.457-10(b) of the Treasury regulations. (b) Upon the transfer of assets under this Section 8.1, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Plan Administrator or its designee may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section 8.1 (for example, to confirm that the receiving plan is an eligible governmental plan under paragraph (a) of this Section 8.1, and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer. 8.2 Permissive Service Credit Transfers. AGENDA ITEM # 7. b) 18 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 (a) If elected in the Adoption Agreement, any Participant who participates in a tax- qualified defined benefit governmental plan (as defined in Code Section 414(d)) that provides for the acceptance of plan-to-plan transfers with respect to the Participant may elect to have any portion of the Participant's Account Balance transferred from this Plan to the defined benefit governmental plan. A transfer under this Section 8.2 may be made before the Participant has had a Severance from Employment. (b) A transfer may be made under this Section 8.2 only if the transfer is either for (i) the purchase of permissive service credit (as defined in Section 415(n)(3) of the Code) under the receiving defined benefit governmental plan; or (ii) the repayment of contributions and earnings related to a previous forfeiture of service credit under the defined benefit governmental plan. 8.3 Direct Rollovers.Notwithstanding any provision of the Plan to the contrary that would otherwise limit a distributee's election under this provision, a "distributee" may elect, at the time and in the manner prescribed by the Employer, to have all, or any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the distributee in a direct rollover. For purpose of implementing the requirements of this provision, certain terms contained in this Section 8.3 shall be defined as follows: (a) Eligible Rollover Distribution. An eligible rollover distribution is any distribution of all or any portion of the Account Balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated Beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and any other exception permitted by law or the Internal Revenue Service. Any amount that is distributed on account of Unforeseeable Emergency shall not be an eligible rollover distribution (and the distributee may not elect to have any portion of such a distribution paid directly to an eligible retirement plan). For 2009 only, the following shall also be treated as an eligible rollover distribution: 2009 RMDs and Extended 2009 RMDs as defined in Section 6.4(b) of the Plan. (b) Eligible Rollover Distribution to a Roth IRA. Effective January 1, 2008, a Participant or any designated Beneficiary of the Participant may elect to roll over amounts in accordance with Section 408A(e) of the Code directly to a Roth IRA, provided that for any taxable year prior to January 1, 2010, the provisions of Section 408A(c)(3)(B) of the Code are satisfied. (c) Eligible Retirement Plan. An eligible retirement plan is any plan within the meaning of Section 402(c)(8)(B) of the Code that accepts the distributee's eligible rollover AGENDA ITEM # 7. b) 19 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 distribution. An eligible retirement plan shall also mean an Eligible Plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, and which agrees to separately account for amounts transferred into such plan from this Plan. This definition of eligible retirement plan shall also apply in the case of a rollover request for a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order, as defined in Section 414(p) of the Code. (d) Distributee. (1) A distributee includes a Participant, a Participant's surviving spouse, a Participant's former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. Effective beginning January 1, 2010, consistent with the provisions of Code Section 402(c)(11), in the case of a distribution to a designated Beneficiary for purposes of Code Section 401(a)(9) who at the time of the Participant's death was neither the spouse of the Participant nor the spouse or former spouse of the Participant who is an alternate payee under a domestic relations order, a direct rollover is payable only to an individual retirement account, Roth IRA or individual retirement annuity (IRA) that has been established on behalf of the Beneficiary as an inherited IRA (within the meaning of Section 408(d)(3)(C) of the Code). (2) Although a non-spouse Beneficiary may directly rollover a distribution as provided in this subsection (d), any distribution made before January 1, 2010, is not subject to the direct rollover requirements of Code Section 401(a)(31) (including Code Section 401(a)(31)(B), the notice requirements of Code Section 402(f), or the mandatory withholding requirements of Code Section 3405(c)). If a non-spouse Beneficiary receives a distribution from the Plan, the distribution is not eligible for a "60-day" rollover. ARTICLE IX - LOANS 9.1 Availability. If elected in the Adoption Agreement and subject to the terms of the Investment Options, a Participant who is an Active Participant may apply for and receive a loan from his or her Account Balance as provided in this Article IX. All loans must be subject to the terms of the Investment Options available under the Plan from which they are taken and subject to such rules and procedures as the Plan Administrator or its designee may adopt. Any such loan must be available to all Participants on a reasonably equivalent basis and may not be for an amount less than $1,000. All applications for a loan shall be made to the Investment Sponsor sponsoring the Investment Option from which the loan is taken. Absent any contrary provision in the loan agreement with the Investment Sponsor or under the Investment Option, the terms of this Article IX will apply. AGENDA ITEM # 7. b) 20 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 9.2 Maximum Loan Amount. No loan to a Participant hereunder may exceed the lesser of: (a) $50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Investment Sponsor (not taking into account any payments made during such one-year period), or (b) one-half of the value of the Participant's vested Account Balance (as of the Valuation Date immediately preceding the date on which such loan is approved by the Investment Sponsor). For purposes of this Section 9.2, any loan from any other plan maintained by the Employer shall be treated as if it were a loan made from the Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan under this Section 9.2 to exceed the amount that would otherwise be permitted in the absence of this paragraph. 9.3 Terms of Loan. The terms of the loan shall: (a) require level amortization with payments not less frequently than quarterly throughout the repayment period. (b) require that the loan be repaid within five (5) years unless the Participant certifies in writing to the Plan Administrator that the loan is to be used to acquire any dwelling unit which, within a reasonable time, is to be used (determined at the time the loan is made) as a principal residence of the Participant, in which case the loan may be repaid over a period not greater than ten (10) years. (c) provide for interest at a rate to be determined under the terms of the Investment Option or the loan procedures of the Investment Sponsor. 9.4 Extended Loan Term for Leaves of Absence due to Military Service. The Plan may suspend the obligation to repay a loan for any period during which a Participant is performing military service in accordance with Section 414(u)(4) of the Code, even if the service is not qualified military service as defined under the Uniformed Services Employment and Reemployment Rights Act of 1994. Loan repayments must resume upon the completion of the military service, and the loan must be repaid in full (including interest that accrues during the period of military service) by amortization in substantially level payments over a period that ends not later than five (5) years after the origination date of the loan (unless the loan is for the purchase of a principal residence) plus the period of the military service. AGENDA ITEM # 7. b) 21 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 9.5 Loan Default. In the event that a Participant fails to make a loan payment under this Article IX by the end of the calendar quarter following the calendar quarter in which the loan payment was due, a default on the loan shall occur. Loan defaults shall be administered in accordance with specific rules documented under the Investment Options and the Code. ARTICLE X - ROTH ELECTIVE DEFERRALS 10.1 General Application. This Article X will apply to contributions beginning with the effective date specified in the Adoption Agreement but in no event, before the first day of the first taxable year beginning on or after January 1, 2011. (a) As of the effective date under Section 10.1, the Plan will accept Roth Elective Deferrals made on behalf of Participants. A Participant's Roth Elective Deferrals will be allocated to a separate account maintained for such deferrals as described in Section 10.2. (b) Unless specifically stated otherwise, Roth Elective Deferrals will be treated as Annual Deferrals for all purposes under the Plan. 10.2 Separate Accounting. (a) Contributions and withdrawals of Roth Elective Deferrals will be credited and debited to the Roth Elective Deferral account maintained for each Participant. (b) The Plan will maintain a record of the amount of Roth Elective Deferrals in each Participant's account. (c) Gains, losses, and other credits or charges must be separately allocated on a reasonable and consistent basis to each Participant's Roth Elective Deferral account and the Participant's other accounts under the Plan. (d) No contributions other than Roth Elective Deferrals and properly attributable earnings will be credited to each Participant's Roth Elective Deferral Account. 10.3 Direct Rollovers. (a) Notwithstanding Section 8.3, a direct rollover of a distribution from a Roth Elective Deferral account under the Plan will only be made to another Roth Elective Deferral account under an Eligible Governmental Deferred Compensation Plan and only to the extent the rollover is permitted under the rules of Section 402(c) of the Code or as otherwise permitted by law. (b) Notwithstanding Section 3.11, unless otherwise provided by the Employer in the Adoption Agreement, the Plan will accept a rollover contribution to a Roth Elective Deferral account only if it is a direct rollover from another Roth Elective Deferral AGENDA ITEM # 7. b) 22 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 account under an Eligible Governmental Deferred Compensation Plan and only to the extent the rollover is permitted under the rules of Section 402(c) of the Code or as otherwise permitted by law. (c) Notwithstanding Sections 8.3 and 3.11 and if elected in the Adoption Agreement and subject to the terms of the Investment Options, a Participant may elect an in- plan eligible rollover distribution of Annual Deferrals to the Participant's designated Roth Elective Deferral account if the eligible rollover distribution meets the following requirements: (1) the eligible rollover distribution is from a non-designated Roth account in the Plan; (2) the distribution is because of an event that triggers the availability of an eligible rollover distribution from the Plan; and (3) otherwise meets the rollover requirements of Section 402(c). (d) Any eligible rollover distributions from a Participant's Roth Elective Deferral account are taken into account in determining whether the total amount of the Participant's Account Balances under the Plan exceeds the threshold amount for purposes of distributions from the Plan pursuant to Section 5.4. (e) If subject to any minimum threshold for distributions that are direct rollovers that are imposed by the Plan Administrator or under the Investment Options, any amount distributed from the Participant's Roth Elective Deferral account is treated as a separate distribution from any amount distributed from the Participant's other accounts in the Plan, even if the amounts are distributed at the same time. 10.4 Definition of Roth Elective Deferrals. A Roth Elective Deferral is an elective deferral that is: (a) Designated irrevocably by the Participant in the Deferred Compensation Agreement as a Roth Elective Deferral that is being made in lieu of all or a portion of the pre-tax Annual Deferrals the Participant is otherwise eligible to make under the Plan; and (b) Treated by the Employer as includible in the Participant's income at the time the Participant would have received that amount in cash if the Participant had not made an agreement to defer this Compensation. ARTICLE XI - BENEFICIARY INFORMATION 11.1 Designation. A Participant shall have the right to designate a Beneficiary, and amend or revoke such designation at any time prior to commencement of benefits, in writing and in AGENDA ITEM # 7. b) 23 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 a form approved by the Plan Administrator, its designee, or the Investment Sponsor. Such Beneficiary designations, amendments, or revocations will be maintained by the Investment Sponsor and shall be effective upon satisfactory receipt by the Investment Sponsor. 11.2 Failure to Designate a Beneficiary. Absent any procedures set forth by the Investment Sponsor, benefits shall be paid to the Participant's estate if, prior to the date a Participant commences to receive payment of benefits under the Plan, the Participant has not designated a Beneficiary or no designated Beneficiary survives the Participant and benefits are payable following the Participant's death. ARTICLE XII - PLAN ADMINISTRATION 12.1 Plan Administration. The Employer shall be responsible for appointing a Plan Administrator to administer the Plan. The Plan Administrator may authorize a committee comprised (to the extent possible) of not less than three (3) persons, to act collectively with regard to administration of the Plan. The Plan Administrator shall have sole discretionary responsibility for the interpretation of the Plan, enrolling Participants in the Plan, sending contributions on behalf of each Participant to the applicable Investment Sponsor, and for performing other duties required for the operation of the Plan. Any action taken on any matter within the discretion of the Plan Administrator shall be made in its sole and absolute discretion based on this Plan document and the Adoption Agreement, and shall be final, conclusive, and binding on all parties. In order to discharge its duties hereunder, the Plan Administrator shall have the power and authority to delegate ministerial duties and to employ such outside professionals as may be required for prudent administration of the Plan. The Plan Administrator shall also have authority to enter into agreements on behalf of the Employer necessary to implement this Plan. 12.2 Accounts and Expenses. The Employer or the Investment Sponsor shall establish and maintain book entry accounts on behalf of each Participant and Beneficiary after the death of the Participant. Such accounts shall be valued in accordance with the rules of the Investment Option, in which the accounts are invested. Each Participant shall receive a written notice of his or her Account Balance following such valuation or valuations, provided that such notice shall not be required to be given more than one time per calendar quarter. Each Participant's Account Balance shall reflect the aggregate of his or her Annual Deferrals, Employer non-elective contributions, Employer matching contributions, and plan-to-plan transfers and rollovers, if any, and shall also reflect investment experience attributable to such Account Balance and expense charges applied to, and distributions made from, such Account Balance. 12.3 Mistaken Contribution. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one (1) year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Plan Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Plan Administrator, to the Employer. AGENDA ITEM # 7. b) 24 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 12.4 Domestic Relations Orders. Notwithstanding Sections 14.3 and 14.9, if a judgment, decree or order (including approval of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the domestic relations law of any State ("domestic relations order" or "DRO"), then, unless otherwise elected in the Adoption Agreement, the amount of the Participant's Account balance shall be paid in the manner and to the person or persons so directed in the domestic relations order provided such domestic relations order is found to be qualified under the provisions of Section 414(p) of the Code ("QDRO"). Payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Investment Sponsor shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the domestic relations order. The Plan Administrator shall establish such procedures, in the absence of any procedures established by the Investment Sponsor. Effective April 6, 2007, a DRO that otherwise satisfies the requirements of a QDRO will not fail to be a QDRO solely because (a) the order is issued after or revises another DRO or QDRO, or (b) at the time the DRO is issued, including issuance after the starting date for the Participant's selected or defaulted form of distribution or the Participant's death. Any such DRO shall be subject to the same requirements and protections as any other QDRO. 12.5 IRS Levy. Notwithstanding Sections 14.3 and 14.9, the Plan Administrator may pay from a Participant's or Beneficiary's book entry account the amount that the Plan Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 12.6 Procedure When Distributee Cannot be Located. Absent any procedures from the Investment Sponsors, the Plan Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary (the "distributee") entitled to benefits under the Plan. For this purpose a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on the Employer's or Plan Administrator's records, (b) notification sent to the Social Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans), and (c) the distributee has not responded within six (6) months. If the Plan Administrator is unable to locate such person entitled to benefits hereunder, or if there has been no claim has been made for such benefits, the Plan shall continue to hold the benefits due such person. 12.7 Payments to Minors and Incompetents. Absent any procedures from the Investment Sponsors, if a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Plan Administrator or the Investment Sponsor, the Investment Sponsor shall make the distribution of benefits to the Participant's or AGENDA ITEM # 7. b) 25 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Beneficiary's guardian, conservator, custodian, attorney-in-fact, or to any other legal representative adjudged to be appropriate upon receiving satisfactory evidence of such status or a court order to that effect. ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN 13.1 Amendment of Plan. While it is expected that this Plan will continue indefinitely, the Employer reserves the right at any time to amend or otherwise modify the Plan without any liability for such action. No amendment shall increase the duties or responsibilities of any Investment Sponsor without its prior consent thereto in writing. 13.2 Termination of Plan. The Employer shall have the right at any time to terminate the Plan. No termination shall affect the amounts already deferred under the Plan. In order for the Plan to be considered terminated, funds deferred under the Plan must be distributed to all Plan Participants and Beneficiaries as soon as administratively practicable after termination of the Plan, in accordance with the terms of the Investment Option. ARTICLE XIV - MISCELLANEOUS 14.1 Plan Non-Contractual. Nothing contained in this Plan will be construed as a commitment or agreement on the part of any person to continue his or her employment with the Employer, and nothing contained in this Plan will be construed as a commitment on the part of the Employer to continue the employment or the rate of compensation of any person for any period, and all Employees of the Employer will remain subject to discharge to the same extent as if the Plan had never been put into effect. 14.2 Claims of Other Persons. The provisions of the Plan will in no event be construed as giving any Participant or any other person, firm, corporation or other legal entity, any legal or equitable right against the Employer, its officers, employees, directors or trustees, except the rights as are specifically provided for in this Plan or created in accordance with the terms and provisions of this Plan. 14.3 Non-Assignability. Except as otherwise provided in 12.4 and 12.5, the interest of each Participant or Beneficiary under the Plan is not subject to the claims of the Participant's or Beneficiary's creditors, and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non-assignable and non-transferable. 14.4 Contracts. The terms of each Investment Option offered to Participants as an investment option hereunder, the terms of a custodial agreement, or trust in which an Investment Option may be held, any contract issued on behalf of a Participant, certificate issued to a Participant, and any other written documents or instruments related to any such matters are a part of the Plan as if fully set forth in the Plan document and the provisions of which are hereby incorporated by reference into the Plan. In the case where there is any AGENDA ITEM # 7. b) 26 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 inconsistency or ambiguity between the terms of the Plan and those of any contract, certificate, custodial agreement, trust, or other such document or instrument if any, funding the Plan, the terms of the contract, certificate, custodial agreement, trust, or other such document or instrument will control to the extent not inconsistent with the applicable provisions of the Code and any applicable regulations issued thereunder. 14.5 Pronouns. Whenever used herein, the masculine pronoun is deemed to include the feminine. The singular form, whenever used herein, shall mean or include the plural form where applicable, and vice versa. 14.6 Representations. The Employer does not represent or guarantee that any particular Federal or State income, payroll, personal property, or other tax consequence will result from participation in this Plan. A Participant should consult with professional tax advisors to determine the tax consequences of his or her participation. Furthermore, the Employer does not represent or guarantee investment returns with respect to any Investment Option and shall not be required to restore any loss which may result from such investment or lack of investment. 14.7 Severability. This Plan document is intended to comply with the applicable provisions of the Code, Treasury regulations, and other IRS guidance issued thereunder. To the extent not inconsistent with Section 14.4, if any provision in this Plan document is inconsistent therewith, the inconsistent provision shall be struck from the document and replaced with the applicable provision from the Code, Treasury regulation, or any other applicable IRS guidance. In addition, if a court of competent jurisdiction holds any provision of this Plan to be invalid or unenforceable, the remaining provisions of the Plan shall continue to be fully effective. 14.8 Applicable Law. This Plan shall be construed in accordance with applicable Federal law and, to the extent otherwise applicable, the laws of the State in which the Employer is located. 14.9 Trust Fund. To the extent the trust requirements of Section 457(g)(3) of the Code are not satisfied through one or more annuity contracts or custodial agreements satisfying the requirements of Section 401(f) of the Code, all amounts of deferrals and contributions to the Plan, all property and rights purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and invested in the "Trust Fund" in accordance with this Plan and any trust agreement. The Trust Fund, and any subtrust established under the Plan, shall be established pursuant to a written agreement that constitutes a valid trust under the laws of the state in which the Employer is located. The trustee shall ensure that all investments, amounts, property, and rights held under the Trust Fund are held for the exclusive benefit of the Participants and their Beneficiaries. The Trust Fund shall be held in trust pursuant to a trust agreement for the exclusive benefit of Participants and their Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income AGENDA ITEM # 7. b) 27 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. IN WITNESS WHEREOF, this Plan Document has been executed this _______day of ______________, 2015 CITY OF RENTON By: __________________________________ Printed Name: __________________________________ Title: __________________________________ AGENDA ITEM # 7. b) Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement APPENDIX B ADOPTION AGREEMENT FOR THE ELIGIBLE 457(b) DEFERRED COMPENSATION PLAN OF CITY OF RENTON, A GOVERNMENTAL EMPLOYER AGENDA ITEM # 7. b) 1 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 1. General Information (A) Name of Governmental Employer: City of Renton (B) Address of Governmental Employer: 1055 S. Grady Way Renton, WA 98057 (C) Name of Plan: City of Renton Deferred Compensation Plan (D) Federal Tax ID Number of Governmental Employer: 91-6001271 (E) Plan Administrator's Name and Address: Maria Boggs 1055 S. Grady Way, Renton, WA 98057 2. Effective Date / Restated Effective Date (Article I - Definitions) (Select one) (A) [ ] The Plan is a new plan. The Effective Date is __________ (B) [ X ] The Plan is a restated plan. The Restated Effective Date is 10/01/2015 The Plan's initial Effective Date was 07/01/2013 3. Plan Year (Article I - Definitions) (Select all that apply) Plan Year means: (A) [ X ] The calendar year. (B) [ ] The Plan Year is a twelve (12) month period beginning on __________ and ending on the following __________. (C) [ ] The initial Plan Year is a short Plan Year beginning on __________ and ending on __________. Thereafter, the Plan Year will be the twelve (12) month period selected in Box 3(A) or Box 3(B) above. 4. Definition of Compensation (Article I - Definitions) (Please make a selection in (A) and (B)) (A) [ ] Compensation is defined as W-2 wages (including differential wage payments) [ ] Compensation will be defined as W-2 wages exclusive of the following: __________ [ X ] Compensation will be defined as follows: AGENDA ITEM # 7. b) 2 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement Base Pay (B) If so selected, this amount also includes pay for accrued bona fide sick, vacation or other leave pay (but not severance pay). (Note: Any such pay must be paid within the later of 2 ½ months following Severance from Employment or the end of the calendar year which includes the date of Severance from Employment.) [ X ] Yes, include. If yes, select which types of accrued leave pay will apply to the Plan. (1) [ X ] Accrued bona fide sick pay (2) [ X ] Accrued vacation pay (3) [ X ] Other accrued leave pay (describe): Differential wage payment by reason of qualified military service (within meaning of Code Section 404(u). [ ] No, do not include. 5. Eligible Employee (Article I - Definitions) (Select all that apply) (A) [ ] All Employees of the Employer. (B) [ X ] All Employees of the Employer, other than the following excluded Employees: (1) [ X ] Leased Employees (2) [ ] Salaried Employees (3) [ ] Hourly Employees (4) [ X ] Seasonal Employees (5) [ X ] Temporary Employees (6) [ X ] Independent Contractors (7) [ ] Employees whose employment is governed by the terms of a collective bargaining agreement between Employee representatives (within the meaning of Code Section 7701(a)(46)) and the Employer, under which retirement benefits were the subject of good faith bargaining. (8) [ ] Other: ___________________________________________ 6. Contract Selection and Alternate Investment Sponsors (Article I - Definitions) (A) Investment Options are any investments made available by either TIAA-CREF under its contracts (including the use of TIAA-CREF or non-proprietary mutual funds) or any other AGENDA ITEM # 7. b) 3 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement Investment Sponsor and selected for use under this Plan by the Employer, or its designee. The contracts that will be offered by TIAA-CREF under the Plan are: (Select all that apply) [ X ] TIAA Retirement Choice Plus Annuity Contract ("TIAA RCP") and CREF Retirement Choice Plus Annuity Contract ("CREF RCP"). [ ] TIAA Retirement Choice Annuity Contract ("TIAA RC") and a CREF Retirement Choice Annuity Contract ("CREF RC"). [ ] TIAA Stable Value Annuity Contract ("TIAA Stable Value") in conjunction with an RC Contract. If this option is selected, the RC Contract will also be included in the selection. [ ] For plans in existence prior to January 1, 2013, TIAA Group Supplemental Retirement Annuity Contract (“TIAA GSRA”) and CREF Group Supplemental Retirement Annuity Contract ("CREF GSRA"). (B) Alternate Investment Sponsors. (Select one) [ X ] No, alternate Investment Sponsors are not available under the Plan. TIAA-CREF is the sole Investment Sponsor under the Plan. [ ] Yes, alternate Investment Sponsors are available under the Plan. (List alternate Investment Sponsors) __________ 7. Normal Retirement Age (Article I - Definitions) (Please make a selection in (A) and if applicable, (B)) (A) General Rule. Other than provided in (B), Normal Retirement Age (“NRA”) can be defined as any age that is on or after the earlier of age 65 or the age at which a Participant can retire and receive an unreduced benefit under the Employer’s defined benefit plan (or if there is no defined benefit plan or if Participants cannot participate in that plan, a money purchase pension plan in which Participants also participate), and that is not later than age 70 ½. Alternatively, an Eligible Plan may choose or permit participants to choose any NRA that is within those ages. (1) [ ] Normal Retirement Age will be age 65. (2) [ ] Normal Retirement Age will be age __________. (3) [ X ] Normal Retirement Age will be the age selected by each Participant. (4) [ ] Normal Retirement Age is defined as follows:__________ (B) Special Rule for Participants who are Police or Firefighters. Those Participants may substitute age 40 for age 65 for the rules in (A). AGENDA ITEM # 7. b) 4 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (1) [ ] Normal Retirement Age will be age 40. (2) [ ] Normal Retirement Age will be age __________. (3) [ X ] Normal Retirement Age will be the age selected by each Participant. (4) [ ] Normal Retirement Age is defined as follows:__________ 8. Annual Deferrals (Section 3.1) (Select one) (A) [ X ] Annual Deferrals may be made to the Plan up to the maximum amount permitted by law. (B) [ ] Annual Deferrals may be made to the Plan up to a maximum amount equal to __________ provided that in no event may such deferrals exceed the maximum amount permitted by law. (C) [ ] Annual Deferrals may only be made to this Plan up to the maximum permitted by law after maximizing Elective Deferrals to the Employer's 403(b) plan. (D) [ ] Annual Deferrals may not be made to the Plan. 9. Roth Elective Deferrals (Article X) (Select one) (A) [ X ] Roth Elective Deferrals may be made to the Plan up to the maximum amount permitted by law. (B) [ ] Roth Elective Deferrals may be made to the Plan up to a maximum amount equal to __________, provided that in no event may such deferrals exceed the maximum amount permitted by law. (C) [ ] Roth Elective Deferrals may only be made to this Plan up to the maximum permitted by law after maximizing Elective Deferrals to the Employer's 403(b) plan. (D) [ ] Roth Elective Deferrals may not be made to the Plan. 10. Deferral of Special Pay (Section 3.3) (Select one) If selected below, a Participant may elect to defer accumulated sick pay, accumulated vacation pay and other leave pay provided that in no event shall such deferrals to the Plan exceed the maximum amount permitted by law. [ X ] Yes, apply. (Question 4.(B) must also be checked, Yes.) [ ] No, do not apply. AGENDA ITEM # 7. b) 5 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 11. Age 50 Catch-up Contributions (Section 3.7(c)) (Select one) If selected below, age 50 catch-up contributions may be made to the Plan up to the maximum amount permitted by law. [ X ] Yes, apply. [ ] No, do not apply. 12. Special Section 457 Catch-up Limitation (Section 3.7(b)) (Select one) If selected below, the special Section 457 catch-up contributions may be made to the Plan up to the maximum amount permitted by law. [ X ] Yes, apply. [ ] No, do not apply. 13. Employer Non-Elective Contributions (Section 3.5) Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. (Select one) [ ] The Employer will make non-elective contributions to the Plan on behalf of all Active Participants in an amount equal to __________% of the Participant's Compensation. [ X ] The Employer will make non-elective contributions to the Plan as follows (include a description of the class(es) of Active Participants receiving the contribution and the amount or if the contribution will be discretionary and only made to certain Active Participants as designated by the Employer in its discretion): Discretionary amount declared by Employer [ ] The Employer will not make any non-elective contributions to the Plan. 14. Employer Matching Contributions (Section 3.6) Note: Any Employer contribution will reduce, dollar for dollar, the amount the Participant can defer to the Plan and in no event shall the combined total of Participant and Employer contributions exceed the maximum amount permitted by law. (Select one) (A) [ ] The Employer will make matching contributions to the Plan on behalf of Active Participants who make an Annual Deferral pursuant to a Deferred Compensation Agreement in an amount equal to ___ % of the Participant's Compensation that is AGENDA ITEM # 7. b) 6 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement contributed to the Plan for the Plan Year. (B) [ ] The Employer will make matching contributions to the Plan on behalf of Active Participants who make an Annual Deferral pursuant to a Deferred Compensation Agreement in an amount equal to ___% of the first ___% of the Participant's Compensation that is contributed to the Plan for the Plan Year. (C) [ ] The Employer will make matching contributions to the Plan as follows (include a description of the class(es) of Active Participants receiving the contribution and the amount or if the contribution will be discretionary and only made to certain Active Participants as designated by the Employer in its discretion): (D) [ X ] The Employer will not make any matching contributions to the Plan. 15. Plan-to-Plan Transfers to the Plan (Section 3.9) (Select one) Please note that, in general, direct plan-to-plan transfers to the Plan can only be made from another Eligible Governmental 457(b) Deferred Compensation Plan and if the Participant is an Eligible Employee of the Employer. No transfers to the Plan can be made by a Beneficiary. (A) [ X ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b) Deferred Compensation Plan to the extent permitted by law. (B) [ ] Direct transfers may be made to the Plan from another Eligible Governmental 457(b) Deferred Compensation Plan, subject to the following limitations: __________ (C) [ ] Direct transfers may not be made to this Plan. 16. Plan-to-Plan Transfers from the Plan (Section 8.1) (Select one) Please note that, in general, direct plan-to-plan transfers from the Plan can only be made to another Eligible governmental 457(b) Deferred Compensation Plan following the Participant's Severance from Employment with the employer that maintained the transferor plan unless the transfer is with respect to a Participant's Beneficiary. (A) [ X ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b) Deferred Compensation Plan to the extent permitted by law. (B) [ ] Direct transfers from the Plan may be made to another Eligible Governmental 457(b) Deferred Compensation Plan, subject to the following limitations: __________ (C) [ ] Direct transfers from the Plan may not be made. 17. Transfers to Purchase Service Credits (Section 8.2) (Select one) AGENDA ITEM # 7. b) 7 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement If selected below, a Participant may request a transfer from this Plan to a defined benefit governmental plan to purchase service credit. [ X ] Yes, apply. [ ] No, do not apply. 18. Rollover Contributions (Section 3.10) (Select one) Note: An Eligible Governmental 457(b) Deferred Compensation Plan cannot accept rollovers of after-tax funds from another plan. If Roth Elective Deferrals are elected, an Eligible Governmental 457(b) Deferred Compensation Plan can accept rollovers of Roth Elective Deferrals from another Eligible Governmental 457(b) Deferred Compensation Plan, or as otherwise permitted under the Code. (A) [ X ] Rollovers to the Plan, including rollovers of Roth Elective Deferrals, are permitted to the extent permitted by law. (B) [ ] Rollovers to the Plan, excluding rollovers of Roth Elective Deferrals, are permitted to the extent permitted by law. (C) [ ] Rollovers to the Plan are not permitted. 19. In-Service Distribution at Age 70 ½ (Section 5.1(a)) (Select one) If selected below, a Participant may receive a distribution of all or a portion of his or her benefit upon attainment of age 70 ½ prior to Severance from Employment. [ X ] Yes, apply. [ ] No, do not apply. 20. Unforeseeable Emergency (Section 5.5) (Select one) If selected below, a Participant may receive a distribution due to Unforeseeable Emergency prior to Severance from Employment. (A) [ X ] Yes, apply. If “Yes” is selected, please select who will be making the determination approving an Unforeseeable Emergency: (1) [ X ] Employer/Plan Administrator (2) [ ] Other Investment Sponsor/Third Party Administrator (name): __________ AGENDA ITEM # 7. b) 8 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (3) [ ] TIAA-CREF (only Employers with prior approval may elect this option) (B) [ ] No, do not apply. 21. Small Balance In-service Distribution (Section 5.2) (Select one) If selected below, a Participant may receive an in-service distribution of all or a part of his or her benefit if the total amount of the Participant's benefit is less than $5,000 (or the dollar limit under Section 411(a)(11) of the Code) and the requirements of Section 5.2 of the Plan are satisfied. [ X ] Yes, apply. [ ] No, do not apply. 22. Small Balance Distributions (Section 5.4) (Please select an option from (A) and (B)) (A) If selected below, small balance distributions of Account Balances of $1,000 or less will be permitted. [ X ] Yes, apply. [ ] No, do not apply. (B) If selected below, small balance distributions of Account Balances of $5,000 or less will be distributed pursuant to Section 5.4, if permitted by an Investment Option. [ X ] Yes, apply. [ ] No, do not apply. If small balance distributions are permitted, the Account Balance threshold will be determined by including that portion of the Participant’s Account Balance that is attributable to rollover contributions (and earnings allocable thereto). 23. Special Severance from Employment Definition for Independent Contractors (Section 5.1(c)(2)) (Select one) The special definition of "Severance from Employment" contained in Section 5.1(c)(2) of the Plan will be applied to all Participants classified as independent contractors if selected below. [ ] Yes, apply. [ X ] No, do not apply. AGENDA ITEM # 7. b) 9 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement 24. Special Payment Date Restrictions for Independent Contractors (Section 5.1(b)) (Select one) If selected below, the special payment date restrictions for independent contractors contained in Section 5.1(b) will be applied. [ ] Yes, apply. [ X ] No, do not apply. 25. Loans (Section 9.1) (Select one) If selected below, a Participant will be permitted to receive a loan from the Plan. [ ] Yes, apply. [ X ] No, do not apply. 26. Qualified Domestic Relations Orders (Section 12.4) (Select one) If selected below, distributions pursuant to Qualified Domestic Relations Orders will be permitted under the Plan. [ X ] Yes, apply. [ ] No, do not apply. 27. Special Considerations Relating to Military Service (Section 5.1(d)) (Please make a selection in (A), (B), and (C)) (A) Participants who have died or became Disabled while performing qualified military service shall be treated as if they returned to employment the day preceding the date of death or Disability and had a Severance from Employment on the date of death or Disability. (Select one) [ X ] Yes, apply to both deceased and Disabled Participants. [ ] Yes, apply to deceased Participants. [ ] No, do not apply. (B) Deemed Severance from Employment. If elected below, Participants who have been called to active duty for thirty (30) or more days will be deemed as having a Severance from Employment for purposes of receiving a distribution under the Plan. Any distribution under this Section 5.1(d) requires a suspension of Annual Deferrals under the Plan for six (6) months. AGENDA ITEM # 7. b) 10 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement (Select one) [ X ] Yes, apply. [ ] No, do not apply. (C) Credit for Benefit Accruals for Deceased Participants. If elected below, Participants who die while performing qualified military service will be credited with service to the Employer for the period of qualified military service. Any Employer contributions made to the Plan for these Participants will comply with Section 401(a)(37) of the Code. (Select one) [ X ] Yes, apply. [ ] No, do not apply. By executing this Adoption Agreement, the Employer adopts the 457(b) Deferred Compensation Plan described herein and in the Plan document. The selections and specifications contained in this Adoption Agreement together with the terms, provisions and conditions provided in the Plan document constitute the Plan. It is understood that TIAA-CREF is not a party to the Plan and shall not be responsible for any tax or legal aspects of the Plan. The Employer assumes responsibility for these matters. The Employer acknowledges that it has counseled, to the extent necessary, with its attorney or other tax advisor. The obligations of the Investment Sponsors shall be governed solely by the provisions of its contracts and policies. TIAA-CREF shall not be required to inquire into any action taken by the Employer or the Plan Administrator and shall be fully protected in taking, permitting or omitting any action on the basis of the actions of the Employer or the Plan Administrator. TIAA-CREF shall incur no liability or responsibility for carrying out actions as directed by the Employer or the Plan Administrator. The provisions you select in completing this Adoption Agreement will apply to your Plan as if they were set forth in the Plan document. In completing this Adoption Agreement, you are urged to consult with your attorney or tax advisor. TIAA-CREF does not and cannot provide legal or tax advice. Failure to properly fill out the Adoption Agreement may result in the failure of your Plan to satisfy the requirements of an eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code of 1986, as amended. AGENDA ITEM # 7. b) 11 TIAA-CREF Financial Services © Governmental 457(b) Deferred Compensation Plan 6/2013 Adoption Agreement IN WITNESS WHEREOF, this Adoption Agreement has been executed this __________ day of __________, 2015. Employer: City of Renton By: ________________________ Printed Name: ________________________ Title: ________________________ V4.02-4.02 AGENDA ITEM # 7. b) APPENDIX C DWT 23603513v4 0017572-000050 CITY OF RENTON 457 (b) PLAN CLAIMS AND APPEAL PROCEDURES AND LIMITATION PERIOD The following sets forth the benefit claims and appeal procedures, limitation periods, and amendment authority under the 457 (b) Deferred Compensation Plan of City of Renton, a governmental employer (“the Plan”). This document is an amendment to the Plan and shall be attached as an Appendix to the Plan. Initial Claim If you are entitled to benefits under the Plan, you need to make a claim to the Plan recordkeeper (currently TIAA-CREF) in order to receive your benefits. However, if you disagree with the information or computations in connection with any of your benefits, or if you disagree with the information concerning your eligibility or any other issues, such as investments or expenses, you must make a claim to the Benefits Manager for the City of Renton (“Plan Administrator”). The Plan Administrator has the sole discretion to decide all issues of fact or law. Any decision by the Plan Administrator that does not constitute an abuse of discretion must be upheld by a court of law. If you make a claim, that claim should be in the form of a letter stating why you disagree and should include all facts and information you want the Plan Administrator to consider. You will be advised of the acceptance or rejection of your claim within 90 days after your claim is received, unless special circumstances require an extension of time for processing the claim. If the Plan Administrator requires an extension, written notice of the extension will be furnished to you prior to the end of the initial 90- day period. The extension will not exceed an additional period of 90 days. The extension notice from the Plan Administrator will state the reason requiring the extension of time and the date by which the Plan Administrator expects to make a final decision. If your claim is denied, it must be denied in writing and the denial must state in detail the specific reasons for the denial, the specific Plan provision s upon which the denial is based, any additional material or information which you may provide which would entitle you to the benefits you claim, and an explanation of why such material or information is necessary. The notice of denial must also explain the steps to be taken if you or your beneficiary wishes to submit a claim for review. Request for Review of Denied Claim If you choose to submit a claim for review by the Plan Administrator, then within 60 days after the date your claim is denied, you or your authorized representative must make a written request to the Plan Administrator for review. Your request for review of your denied claim should include a statement of the reasons your claim should be allowed. You or your representative may examine any documents the Plan Administrator has in its files that will be used in reaching a decision, and you may also submit additional written comments to the Plan Administrator that support your claim. The Plan Administrator will advise you of its decision in writing within 60 days following receipt of your request for review, unless special circumstances require an extension of time for processing. If an extension is necessary, a decision will be made as soon as possible, but not later than 120 days after the Plan Administrator receives your request for review. AGENDA ITEM # 7. b) DWT 23603513v4 0017572-000050 If an extension of time for review is required, written notice of the extension and the Plan Administrator’s reasons for needing more time will be furnished to you prior to the commencement of the extension. The decision of review will be in writing and will include specific reasons for the decision, as well as specific references to the plan provisions upon which the decision is based. The decision of the Plan Administrator will be final and will be subject to no further appeal or review. Any decision by the Plan Administrator that does not constitute an abuse of discretion must be upheld by a court of law. Limitation Period: Venue Effective January 1, 2015, claims under this Plan (“Plan Claim”) must be filed with the appropriate court, after exhausting administrative remedies, within three years from the accrual of the cause of action. A Plan Claim will accrue, hereunder, when the claimant knows, or with reasonable diligence should have known, of the underlying facts giving rise to the claim, regardless of whether claimant is aware of the legal significance of such facts. Notwithstanding the foregoing, a Plan Claim will accrue at an earlier point in time when there has been a clear repudiation of the Plan Claim by the Employer, the Plan Administrator, the Retirement Plan Committee or an agent thereof. For example, a claim involving eligibility under will accrue as of the date the employee first became eligible or was first excluded from eligibility under the Plan. A claim involving service or compensation will accrue as of the first day that the employee was aware or should have been aware (for example, by examination of any participant or employee statement or report) of an error involving the service, compensation, or pay. A claim involving an investment return or expense will accrue on the first day that the employee was aware or should have been aware (for example, by examination of the material on the Plan’s web site or on a Participant’s statement) of the investment return or expense. An employee or participant must timely exhaust his or her administrative remedies under the Plan before timely seeking a judicial remedy. If, as of the effective date of this notice, the limitation period has started to run, but has not run in its entirety as of the date of this amendment, an employee or participant shall have the greater of: (i) the limitation periods set forth above, or (ii) six months from the effective date of this amendment, to file an administrative claim, and six months after the final decision on such administrative claim to seek judicial review, or if an administrative claim is currently pending, the claimant must seek judicial review within six months after the final decision on such administrative claim. Venue for any lawsuit under this Plan is expressly limited to Western Washington State. Amendment Authority The Plan may be amended by either the Employer or the Retirement Plan Committee. Administrative amendments, i.e. amendments required by a change in law, may be made by the Plan Administrator. Dated: ________________________, 2015 CITY OF RENTON By: ______ Title: Effective Date of Notice: January 1, 2015 AGENDA ITEM # 7. b) CITYOFRENTON,WASHINGTONRESOLUTIONNO.______ARESOLUTIONOFTHECITYOFRENTON,WASHINGTON,AUTHORIZINGTHEMAYORANDCITYCLERKTOENTERINTOFOUR(4)INTERLOCALAGREEMENTSWITHWSDOTREGARDINGTHE1-405/1-5TOSR-169STAGE2WIDENINGANDSR-515INTERCHANGEPROJECT.WHEREAS,theCityandtheWashingtonStateDepartmentofTransportation(WSDOT)areauthorized,pursuanttoRCWChapter39.34,thelnterlocalCooperationAct,toenterintointerlocalgovernmentcooperativeagreements;andWHEREAS,theWSDOT1-405/1-5toSR169Stage2-WideningandSR-515Interchangeprojectbeganin2008;andWHEREAS,WSDOTconstructedimprovementstoSR-515(ThlbotRoadSouth)andSouthRentonVillagePlace,withinlimitedaccessright-of-way,includingtwo(2)state-ownedluminariestobemaintainedbytheCity;andWHEREAS,WSDOTreconstructedaportionofBensonRoadtomitigatestormwaterimpactsfromimprovementsonstate-ownedlimitedaccessright-of-way,andtheCityallowedWSDOTtotreatrunofffromCitystreets;andWHEREAS,theCityrequestedandWSDOTconstructedlandscapestripsalongbothsidesofSR-515(TalbotRoadSouth)alongwithstormwaterfacilitiesaspartoftheproject;andWHEREAS,WSDOTacquiredtherightstoaportionofBensonRoadinordertoreconstructitaspartofthe1-405Stage2project;andWHEREAS,uponcompletionofthe1-405Stage2project,therightstothatcertainportionofBensonRoadshallbetransferredbacktotheCity;and1AGENDA ITEM # 7. c) RESOLUTIONNO.______WHEREAS,itisnecessarytodocumentthetermsandconditionsoftheoperationandmaintenanceofthetwo(2)state-ownedluminaries;themaintenanceofthevariouslandscapestripsandstormwaterfacilities;andtheownership,operationandmaintenanceoftheBensonRoadright-of-waytransferredbacktotheCity;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOESRESOLVEASFOLLOWS:SECTIONI.Theaboverecitalsarefoundtobetrueandcorrectinallrespects.SECTIONII.TheMayorandCityClerkareherebyauthorizedtoenterintothefollowingfour(4)interlocalagreementswithWSDOT:1.CityandStateOperationandMaintenanceofState-OwnedandCity-OwnedLuminaires;2.GeneralMaintenanceAgreementBensonRoad;3.GeneralMaintenanceAgreementforMaintenanceofSR-515LandscapeStripsandStormwaterFacilities;and4.TurnbackAgreement(ConstructionCompleted),andallsubsequentaddenda,amendments,supplementsand/orfutureagreementsregardingtheseprojectsthatdonotmateriallychangethetermsoftheagreementandarewithoutbudgetparameters.PASSEDBYTHECITYCOUNCILthis______dayof,2015.JasonA.Seth,CityClerk2AGENDA ITEM # 7. c) RESOLUTIONNO.APPROVEDBYTHEMAYORthis______dayof_____________________,2015.DenisLaw,MayorApprovedastoform:LawrenceJ.Warren,CityAttorneyRES.1687:11/5/15:scr3AGENDA ITEM # 7. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF RIGHT‐OF‐WAY IN THE VICINITY OF 300 RAINIER AVENUE NORTH (VAC 15‐003). WHEREAS, a proper petition for vacating a portion of right‐of‐way in the vicinity of 300 Rainier Avenue North, was filed with the City Clerk on or about September 18, 2015, and that petition was signed by 100% of the owners of the property abutting upon the portion of right‐of‐ way to be vacated; and WHEREAS, the City Council, by Resolution No. 4266, passed on October 26, 2015, set the 16th day of November, 2015, at the hour of 7:00 p.m. in the City Council Chambers of the City of Renton as the time and place for a public hearing on this matter; and the City Clerk having given proper notice of this hearing as provided by law, and all persons having been heard who appeared to testify in favor or in opposition on this matter, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Administrator of the Public Works Department has considered this petition for vacation, and has found it to be in the public interest and for the public benefit, and that no injury or damage to any person or properties will result from this vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following described portion of right‐of‐way in the vicinity of 300 Rainier Avenue North to wit: AGENDA ITEM # 7. d) ORDINANCE NO. ________ 2 See Exhibit A attached hereto and made a part hereof as if fully set forth herein is hereby vacated. SECTION II. As this is a City of Renton initiated street vacation, the City Council hereby elects to waive all fees and compensation. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. A certified copy of this ordinance shall be filed with the King County Recorder’s Office, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2015. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _______________________, 2015. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1895:11/12/15:scr AGENDA ITEM # 7. d) ORDINANCE NO. ________ 3 EXHBIT A AGENDA ITEM # 7. d) ORDINANCE NO. ________ 4 AGENDA ITEM # 7. d) ORDINANCE NO. ________ 5 AGENDA ITEM # 7. d) CITYOFRENTON,WASHINGTONORDINANCENO._______ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGSECTION4-1-220,PROPERTYTAXEXEMPTIONFORMULTI-FAMILYHOUSINGINRESIDENTIALTARGETEDAREAS,OFCHAPTER1,ADMINISTRATIONANDENFORCEMENT,OFTITLEIV(DEVELOPMENTREGULATIONS)OFTHERENTONMUNICIPALCODE,BYEXTENDINGTHEPROPERTYTAXEXEMPTION.WHEREAS,onDecember22,2003,theRentonCityCouncilapprovedOrdinanceNo.5061(codifiedinRMC4-1-220)toestablishalimitedpropertytaxexemptiontoencouragemulti-familyhousingdevelopmentindesignatedresidentialtargetedareas;andWHEREAS,thepropertytaxexemptionwillsunsetonDecember31,2015,unlessextendedbyCityCouncilaction;andWHEREAS,theprovisionsofSection4-1-220,PropertyTaxExemptionforMulti-FamilyHousinginResidentialTargetedAreas,havebeensuccessfulinencouragingincreasedresidentialopportunitiesandinstimulatingnewconstructionofmulti-familyhousinginresidentialtargetedareas;andWHEREAS,theexistingpurposeandapplicabilityofthepropertytaxexemptionwillremainthesame;andWHEREAS,theCityseekstoamendRMC4-1-220toextendthepropertytaxexemptiontoencourageadditionalfuturemulti-familyhousingprojectsintheresidentialtargetedareas;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOESORDAINASFOLLOWS:1AGENDA ITEM # 7. e) ORDINANCENO.SECTIONI.Subsection4-1-220.M,SunsetofExemptionforApplicationsforConditionalCertificates,ofChapter1,AdministrationandEnforcement,ofTitleIV(DevelopmentRegulations)oftheRentonMunicipalCode,isherebyamendedasfollows:M.SUNSETOFEXEMPTIONFORAPPUCATIONSFORCONDITIONALCERTIFICATES:TheCityshallnotacceptnewapplicationsforconditionalcertificatesasprovidedinRMC4-1-220.EafterthecloseofbusinessonDecember31,20152018,unlessextendedbyCityCouncilaction.TheCityshallprocess(1)pendingcompleteapplicationsforaconditionalcertificatesubmittedbeforethecloseofbusinessonDecember31,20152018,and(2)applicationsforanextensionoftheconditionalcertificateand/orafinalcertificatereceivedafterthecloseofbusinessonDecember31,20152018,asprovidedinsubsectionsDthroughJofthisSection.SubsectionsCandJthroughLofthisSectionshallcontinuetoapplytoallpropertiesthathavebeenorareissuedafinalcertificateoftaxexemptionunderRMC4-1-220untilexpiration,terminationorcancellationofthetaxexemption.IncompleteapplicationsforconditionalcertificatesasofthecloseofbusinessonDecember31,20152018,shallbedeniedand/orreturnedtoowners.SECTIONII.Thisordinanceshallbeeffectiveuponitspassage,approval,andthirty(30)daysafterpublication.2AGENDA ITEM # 7. e) ORDINANCENO.______PASSEDBYTHECITYCOUNCILthis_______dayof________________________,2015.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis_______dayof__________________,2015.DenisLaw,MayorApprovedastoform:LawrenceJ.Warren,CityAttorneyDateofPublication:_______________ORD:1893:11/3/15:scr3AGENDA ITEM # 7. e) CITYOFRENTON,WASHINGTONORDINANCENO._______ANORDINANCEOFTHECITYOFRENTON,WASHINGTON,AMENDINGSECTION4-1-210,WAIVEDFEES,OFCHAPTER1,ADMINISTRATIONANDENFORCEMENT,OFTITLEIV(DEVELOPMENTREGULATIONS)OFTHERENTONMUNICIPALCODE,BYEXTENDINGTHEWAIVEROFCERTAINDEVELOPMENTANDMITIGATIONFEES.WHEREAS,onAugust27,2001,theRentonCityCouncilapprovedOrdinanceNo.4913(codifiedinRMC4-1-210.B)toallowcertaindevelopmentandmitigationfeesforhousingthatisforsaletobewaivedtoencouragenewowner-occupiedhousinginDowntownRenton;andWHEREAS,onFebruary1,2010,theCityCouncilapprovedOrdinanceNo.5524(codifiedinRMC4-1-210.B)toallowcertaindevelopmentandmitigationfeesforhousingthatisforsaletobewaivedtoencouragenewowner-occupiedhousingintheSunsetArea;andWHEREAS,onAugust1,2011,theCityCouncilapprovedOrdinanceNo.5617(codifiedinRMC4-1-210.C)toallowcertaindevelopmentandmitigationfeesforrentalhousingtobewaivedtoencouragenewmulti-familyrentalhousingintheSunsetArea;andWHEREAS,thesedevelopmentandmitigationfeewaiverswillsunsetonDecember31,2015,unlessextendedbyCityCouncilaction;andWHEREAS,theprovisionsofSubsection4-1-210.B,Owner-OccupiedHousingIncentive,andSubsection4-1-210.C,RentalHousingIncentive,havebeensuccessfulinencouragingincreasedresidentialopportunitiesandinstimulatingnewconstructionofmulti-familyhousinginDowntownRentonandtheSunsetArea;andWHEREAS,theexistingpurposeandapplicabilityofthedevelopmentandmitigationfeewaiverswillremainthesame;and1AGENDA ITEM # 7. f) ORDINANCENO.WHEREAS,theCityseekstoamendRMC4-1-210.Band4-1-210.Ctoextendthedevelopmentandmitigationfeewaiverstoencourageadditionalnewowner-occupiedhousinginDowntownRentonandtheSunsetAreaandadditionalnewrentalhousingintheSunsetArea;NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFRENTON,WASHINGTON,DOESORDAINASFOLLOWS:SECTIONI.Subsection4-1-210.B.8,EffectiveDateandSunset,ofChapter1,AdministrationandEnforcement,ofTitleIV(DevelopmentRegulations)oftheRentonMunicipalCode,isherebyamendedasfollows:8.EffectiveDateandSunset:ThesefeewaiversareeffectiveforbuildingpermitsissuedafterAugust13,2001,andwillsunsetatthecloseofbusinessonDecember31,20152018,unlessextendedbyCityCouncilaction.SECTIONII.Subsection4-1-210.C.8,EffectiveDateandSunset,ofChapter1,AdministrationandEnforcement,ofTitleIV(DevelopmentRegulations)oftheRentonMunicipalCode,isherebyamendedasfollows:8.EffectiveDateandSunset:ThesefeewaiversareeffectiveforbuildingpermitsissuedafterSeptember5,2011,andwillsunsetatthecloseofbusinessonDecember31,20152018,unlessextendedbyCityCouncilaction.SECTIONIII.Thisordinanceshallbeeffectiveuponitspassage,approval,andthirty(30)daysafterpublication.2AGENDA ITEM # 7. f) ORDINANCENO.______PASSEDBYTHECITYCOUNCILthis_______dayof____________________,2015.JasonA.Seth,CityClerkAPPROVEDBYTHEMAYORthis_______dayof__________________,2015.DenisLaw,MayorApprovedastoform:LawrenceJ.Warren,CityAttorneyDateofPublication:_______________ORD:1894:11/3/15:scr3AGENDA ITEM # 7. f)