HomeMy WebLinkAboutREGULAR COUNCIL - 17 Nov 2014 - Agenda - PdfAGENDA
RENTON CITY COUNCIL
REGULAR MEETING
November 17, 2014
Monday, 7 p.m.
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATION
a. Renton Reporter's FilmFrenzy People's Choice Award
4.ADMINISTRATIVE REPORT
5.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
first comment period is limited to one-half hour. The second comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
6.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 11/3/2014. Council concur.
b. Court case filed by Jeffrey R. McKee vs. the City of Renton, et al. Refer to City Attorney and
Insurance Services.
c. Administrative Services Department recommends approval of the 2014 year-end 2013/2014
Biennial Budget amendments, increasing appropriations by $6,375,319 with the total amended
budget to be $609,250,946 for the biennium. Refer to Finance Committee.
d. City Attorney Department recommends amending RMC 1-3-1.B, Remedies and Penalties, to
allow the City’s use of South Correctional Entity Regional Jail (SCORE) or another appropriate
facility for the imposition of jail time. Refer to Public Safety Committee.
e. City Attorney Department recommends amending RMC 6-28-6.C, Race Attendance, by updating
the penalties for violation of Stay Out of Areas of Racing (“SOAR”) orders to be consistent with
RMC 1-3-1. Refer to Public Safety Committee.
f. City Attorney Department recommends adoption of the resolutions authorizing the
implementation and operator interlocal agreements for the Public Safety Emergency Radio
Network (PSERN). Council concur. (See 8.a. & 8.b. for resolutions.)
g. Community and Economic Development Department recommends a public hearing be set on
12/1/2014 to consider adopting the amended Sunset Area Planned Action ordinance. Refer to
Committee of the Whole; set public hearing.
h. Community and Economic Development Department recommends setting a public hearing on
12/1/2014 to consider the moratorium on residential development adopted 11/3/2014. Council
concur; set public hearing.
Page 1 of 307
i. Fire & Emergency Services Department recommends approval of an agreement with the
Washington State Military Department to accept Department of Homeland Security Emergency
Management Performance Grant funds in the amount of $53,167 to support the emergency
management program; and recommends adjusting the budget as necessary. Council concur.
j. Transportation Systems Division recommends approval of Amendment No. 1 to LAG-13-005, with
Landing Gear Works, LLC, increasing their leased area and extending the lease expiration date
for an additional 18 months to August 31, 2016. Refer to Transportation/Aviation Committee.
7.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.
8.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Implementation of Puget Sound Emergency Radio Network (PSERN) interlocal
agreement (See 6.f.)
b. Puget Sound Emergency Radio Network (PSERN) Operator interlocal agreement (See 6.f.)
9.NEW BUSINESS
(Includes Council Committee agenda topics; call 425-430-6512 for recorded information.)
10.AUDIENCE COMMENT
11.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
November 17, 2014
CANCELED
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY
COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 2 of 307
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Court Case: McKee vs. City of Renton, et al; CRT-
14-010
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
Summons
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Jason Seth, City Clerk, ext. 6502
Recommended Action:
Refer to City Attorney and Insurance Services
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Summons & Complaint for Public Records filed in Superior Court of Washington in and for the County of
King submitted via legal courier by Jeffrey R. McKee, Plaintiff represented Pro Se, vs. the City of Renton,
et al.
STAFF RECOMMENDATION:
n/a
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 3 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 4 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 5 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 6 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 7 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 8 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 9 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 12 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 13 of 307
6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
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6b. - Court case filed by Jeffrey R.
McKee vs. the City of Renton, et al. Refer
Page 24 of 307
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
2014 Year-End Budget Amendment Ordinance
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
Issue Paper
Budget Adjustment Detail
Ordinance
Submitting Data: Dept/Div/Board:
Administrative Services
Staff Contact:
Iwen Wang, ASD Administrator, x-68858
Recommended Action:
Refer to Finance Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The proposed 2014 year-end budget amendments are primarily housekeeping items in nature. It will 1)
incorporate grants and associated expenditures awarded to the city during the period; 2) make
adjustments to 2013/2014 budget due to updated projections; 3) adjust various capital investment
program (CIP) projects.
STAFF RECOMMENDATION:
Approve an amendment in the 2013/2014 Budget appropriations in the amount of $6,375,319 with the
total amended budget to be $609,250,946 for the biennium and adopt the ordinance.
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 25 of 307
ADMINISTRATIVE SERVICES DEPARTMENT
M E M O R A N D U M
DATE:November 17, 2014
TO:Don Persson, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Iwen Wang, Administrator
SUBJECT:2014 Year-End Budget Amendment Ordinance
ISSUE
Should the 2013/2014 Budget be amended to incorporate items as detailed below?
RECOMMENDATION
Adopt the ordinance amending the 2013/2014 Biennial Budget.
OVERVIEW
The proposed 2014 year-end budget amendments are primarily housekeeping items in nature. It will 1)
incorporate grants and associated expenditures awarded to the city during the period; 2) make
adjustments to 2013/2014 budget due to updated projections; 3) adjust various capital investment
program (CIP) projects. Below is a summary of the changes.
I.PROPOSED GENERAL GOVERNMENTAL ADJUSTMENTS:
The proposed budget amendment to General Fund includes $2.5 million in higher revenue that is
made up of $2.25 million in anticipated higher sales tax, development services fees, and $250k in
grants with corresponding increases in expenditures. The proposed expenditure adjustments total
$2.0 million, all have been previously approved by the City Council, are described in more detail
below. These adjustments will leave $13.7 million in General Fund Balance, which represents 12%
of expenditure budget.
General Fund Expenditure Adjustment:
1.$1.6 million transfer out to Municipal CIP (Fund 316) to partially fund the Sunset EIS Park
Acquisition (the remaining $1.1 million will be funded from additional Real Estate Excise Tax
(REET) revenue projected this year that is accounted in the 316 Fund),
2.$225k for the Main Ave South improvement/Downtown Circulation project (transfer to
Transportation CIP 317 Fund).
3.Police (PD): -$50k correction to carryover of State Seizure Fund balance should have been $100k
instead of $150k.
4.Grant revenues related expenditure: staff overtime during the Oso Mudslide ($119k), 2014
Emergency Management Performance Grant funds/costs ($53k), and $79k in additional
Community Development Block Grant (CDBG) that will be used to augment the forgivable loan
program for downtown façade and code related structure improvements.
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 26 of 307
Don Persson, Council President
Members of the Renton City Council
Page 2 of 2
November 17, 2014
II.OTHER FUNDS:
Combined, all other City funds will require an adjustment of $4.3 million, of which $3.6 million are
for capital purposes, the remaining adjustments are for operating costs.
1.Leased Facilities Fund (108): $285k to recognize costs for the Amazing Grace tenant
improvements ($250k) and associated leasing commission ($35k).
2.Springbrook Wetlands Bank Fund (135): $339k refund for excess mitigation credit purchased by
the SW 27th/Strander Blvd Project. The project purchased 1.12 Acres of credits at $400k per
acre in 2007 to mitigate the project’s impact on the wetlands, and the final credit needed is
determined to be 0.273 acre.
3.Transportation Impact Mitigation Fund (305): $89k transfer to Transportation CIP Fund 317’s S
7th St ($54k) and Intersection Safety ($35k) Projects. This transfer will be funded by updated
projections in impact fees ($160k) and fee-in-lieu of ($30k).
4.Municipal CIP Fund (316): $2.7 million adjustment for the acquisition of Sunset EIS Park. As
mentioned previously, this acquisition will be funded by a $1.6 million transfer from the General
Fund and $1.1 million from higher than budgeted REET. The adjustment will also recognize King
County Proposition 1 Levy funds ($197k) which will be used for North Highland Community
Center project in 2015.
5.Transportation CIP Fund (317): $217k net adjustment for various projects, primarily for
preliminary engineering of Main Ave S project ($150k), NE 31st St Culvert Replacement ($87.5k,
with grant revenue). The adjustments will also set-aside $725k for the Main Street South
improvement project in 2015.
6.Airport Fund (402 & 422): of the $369k net adjustments, $354k is funded by Federal Aviation
Administration (FAA) grants, the difference will be funded by the Airport revenue.
7.Utility Systems: Recognize $200k grant from the King County Flood Control District for the
Maplewood Creek Basin Storm Improvements project for Surface Water Utility. Sewer Utility
will also reallocate $130k from 2014 rehab/replacement account to fund Renton Hill Deep
Manhole ($30k) and the Airport Lift Station Replacement ($100k) projects.
8.Insurance Fund (502): $150k transfer of South Renton Reserve funds to the Main Ave S Project
in Transportation CIP Fund 317. The $125k remaining is to be transferred (to the same project)
in the 2015/2016 Adopted Budget.
CONCLUSION
The 2014 Year-End budget amendment will incorporate grants and associated expenditures awarded to
the city during the period, make corrections and revised projections to 2013/2014 budget, and adjust
various capital investment program (CIP) projects. Staff recommends Council approve the proposed
adjustments.
Attachments: Budget Amendment Ordinance, Exhibit A, and Exhibit B
2014 Year-End Budget Amendment Detail
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 27 of 307
2014 Year‐End Budget Amendment Detail 1/4
GENERAL FUND (Fund 0XX)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 17,454,261 ‐ 17,454,261
REVENUES 108,060,706
CW Sales Tax 1,089,392
CED Bldg Permits & Dev Svcs Fees 1,161,386
FES Reimbursement of OT at Oso 119,294
FES 2014 EMPG Grant 53,167
CED 2014 CDBG Grant Funds 78,717
Total Revenue Adjustment 108,060,706 2,501,956 110,562,662
EXPENDITURES 112,263,485
CW Sunset EIS Park Acquisition 1,600,000
CW Transfer out to 317 ‐ Main Ave S Project 225,000
PD Revised costs for State Seizure Fund (50,000)
FES Reimbursement of OT at Oso 119,294
FES 2014 EMPG Grant 53,167
CED 2014 CDBG Grant Funds 78,717
Total Expenditure Adjustment 112,263,485 2,026,178 114,289,663
Ending Fund Balance 13,251,482 475,778 13,727,260
LEASED FACILITIES (Fund 108)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 549,887 ‐ 549,887
REVENUES 833,071
Total Revenue Adjustment 833,071 ‐ 833,071
EXPENDITURES 853,626
CS Amazing Grace Tenant Improvement ‐ 200 Mill 250,000
CS Amazing Grace Kidder Mathews Leasing Commission 35,286
CS Move to 200 Mill CIP account ‐
Total Expenditure Adjustment 853,626 285,286 1,138,912
Ending Fund Balance 529,332 (285,286) 244,046
SPRINGBROOK WETLANDS BANK (Fund 135)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 667,613 ‐ 667,613
REVENUES ‐
Total Revenue Adjustment ‐ ‐ ‐
EXPENDITURES ‐
PW Transfer out to 317 ‐ Strander Project (Refund wetland credits) 338,800
Total Expenditure Adjustment ‐ 338,800 338,800
Ending Fund Balance 667,613 (338,800) 328,813
H:\Finance\Budget\1CY\2.Budget Adjustments\2014 Year End\2014 Year-End Budget Amendment.xlsx 11/6/2014
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 28 of 307
2014 Year‐End Budget Amendment Detail 2/4
IMPACT MITIGATION FUNDS (Fund 303, 304, 305)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 2,066,968 ‐ 2,066,968
REVENUES 150,000
PW Impact Fees 160,000
PW Fee‐in‐lieu of 30,000
Total Revenue Adjustment 150,000 190,000 340,000
EXPENDITURES 200,000
PW Transfer out to 317 ‐ S 7th St Project 54,000
PW Transfer out to 317 ‐ Intersection Safety Project 35,000
Total Expenditure Adjustment 200,000 89,000 289,000
Ending Fund Balance 2,016,968 101,000 2,117,968
MUNICIPAL CIP FUND (Fund 316)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 5,083,524 ‐ 5,083,524
REVENUES 3,342,827
CS Sunset EIS Park Acquisition ‐ REET 1,100,000
CS Sunset EIS Park Acquisition ‐ Transfer from GF 1,600,000
CS 2013 King County Prop 1 Levy 197,000
Total Revenue Adjustment 3,342,827 2,897,000 6,239,827
EXPENDITURES 8,193,703
CS Boundry, Topographic & Site Survey (20,000)
CS Senior Activity Center Parking Lot Lighting 20,000
CS Urban Forestry Program (20,014)
CS Seattle Tree Preservation Contract Agreement 20,014
CS Sunset EIS Park Acquisition 2,700,000
Total Expenditure Adjustment 8,193,703 2,700,000 10,893,703
Ending Fund Balance 232,648 197,000 429,648
H:\Finance\Budget\1CY\2.Budget Adjustments\2014 Year End\2014 Year-End Budget Amendment.xlsx 11/6/2014
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 29 of 307
2014 Year‐End Budget Amendment Detail 3/4
TRANSPORTATION CIP FUND (Fund 317)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 2,687,303 ‐ 2,687,303
REVENUES 19,250,204
PW S 7th St ‐ Rainier Ave to Talbot Rd ‐ Various Grants (212,659)
PW NE 31st St Culvert Replacement ‐ FEMA/WA Military 87,500
PW SW 27th Street ‐ Transfer from Wetland Bank F 135 338,800
PW SW 27th Street ‐ Claim with Berger/ABAM 250,000
PW Main Ave S ‐ Transfer from S Renton Reserve F 502 150,000
PW Main Ave S ‐ Transfer from CED General Fund 225,000
PW S 7th St ‐ Transfer from Mitigation Fund 305 54,000
PW Intersection Safety ‐ Transfer from Mitigation (fee‐in‐lieu) 35,000
PW Lake WA Blvd: Park to Coulon ‐ Developer Reimburs. 10,000
Total Revenue Adjustment 19,250,204 937,641 20,187,845
EXPENDITURES 21,228,172
PW SW 27th Street/Strander Blvd ‐ Construction 500,000
PW SW 27th Street/Strander Blvd ‐ Const Serv 88,800
PW Main Ave S ‐ Preliminary Engineering 150,000
PW S 7th St ‐ Rainier to Talbot Rd ‐ Construction (153,300)
PW S 7th St ‐ Rainier to Talbot Rd ‐ Const Services (740)
PW Walkway Program ‐ Construction (75,000)
PW Walkway Program ‐ Preliminary Eng. (25,000)
PW Bridge Inspection ‐ Preliminary Eng. (12,500)
PW Intersection Safety ‐ Construction 35,000
PW Traffic Safety Program ‐ Construction 100,000
PW Barrier Free Trans. Plan ‐ Construction (25,000)
PW Project Dev. & Predesign ‐ Planning (60,000)
PW Arterial Circulation Program ‐ Planning (15,000)
PW Lake WA Blvd ‐ Park Coulon ‐ Construction Services 10,000
PW NE 31st St Culvert Replacement ‐Preliminary Engineering 3,000
PW NE 31st St Culvert Replacement ‐ Construction 97,000
PW Rainier Ave ‐ Construction 100,000
PW KC Mitigation Reserve (500,000)
Total Expenditure Adjustment 21,228,172 217,260 21,445,432
Ending Fund Balance 709,335 720,381 1,429,716
AIRPORT FUND (Fund 402/422)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 1,669,564 ‐ 1,669,564
REVENUES 17,384,184
PW Lower Blast Fence 405,438
PW Taxiway Bravo Rehabilitation (155,438)
PW Master Plan Project 103,935
Total Revenue Adjustment 17,384,184 353,935 17,738,119
EXPENDITURES 18,828,270
PW Maintenance Dredging & Shoreline Mitigation (99,000)
PW Airport Office Rehabilitation (100,000)
PW Major Facility Maintenance 100,000
PW 820 Building Demolition (151,000)
PW Lower Blast Fence Project 498,795
PW Master Plan Project 120,000
Total Expenditure Adjustment 18,828,270 368,795 19,197,065
Ending Fund Balance 225,478 (14,860) 210,618
H:\Finance\Budget\1CY\2.Budget Adjustments\2014 Year End\2014 Year-End Budget Amendment.xlsx 11/6/2014
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 30 of 307
2014 Year‐End Budget Amendment Detail 4/4
WASTEWATER UTILITY FUND (Fund 406/416/426)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 8,131,928 ‐ 8,131,928
REVENUES 27,366,270
Total Revenue Adjustment 27,366,270 ‐ 27,366,270
EXPENDITURES 27,801,365
PW Renton Hill Deep Manhole 30,000
PW 2014 Sanitary Sewer Rehab/Replacement (30,000)
PW Airport Lift Station Replacement Project 100,000
PW 2014 Sanitary Sewer Rehab/Replacement (100,000)
Total Expenditure Adjustment 27,801,365 ‐ 27,801,365
Ending Fund Balance 7,696,833 ‐ 7,696,833
SURFACEWATER UTILITY FUND (Fund 407/427)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 7,510,285 ‐ 7,510,285
REVENUES 17,287,807
PW Maplewood Creek Basin Storm ‐ KC Flood 200,000
Total Revenue Adjustment 17,287,807 200,000 17,487,807
EXPENDITURES 21,470,629
PW Maplewood Creek Basin Storm Improvements 200,000
Total Expenditure Adjustment 21,470,629 200,000 21,670,629
Ending Fund Balance 3,327,464 ‐ 3,327,464
INSURANCE FUND (Fund 502)
Adjusted 2014 Adjustment Amended
Beginning Fund Balance 7,630,077 ‐ 7,630,077
REVENUES 7,344,062
Total Revenue Adjustment 7,344,062 ‐ 7,344,062
EXPENDITURES 3,188,983
CW Transfer out to 317 ‐ Main Ave S Project (from South Renton
Reserve funds) 150,000
Total Expenditure Adjustment 3,188,983 150,000 3,338,983
Ending Fund Balance 11,785,156 (150,000) 11,635,156
H:\Finance\Budget\1CY\2.Budget Adjustments\2014 Year End\2014 Year-End Budget Amendment.xlsx 11/6/2014
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 31 of 307
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2013/2014 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5682, AND THEREAFTER AMENDED BY ORDINANCE NOS.
5686, 5692, 5699, 5715, AND 5723 IN THE AMOUNT OF $6,375,319.
WHEREAS, on December 3, 2012, the Council adopted Ordinance 5682 approving the
City of Renton’s 2013/2014 Biennial Budget; and
WHEREAS, on April 29, 2013, the Council adopted Ordinance 5686 carrying forward
funds appropriated in 2012, but not expended in 2012, due to capital project interruptions and
delays in invoice payments, that needed to be carried forward and appropriated for
expenditure in 2013; and
WHEREAS, on August 12, 2013, the Council adopted Ordinance 5692 making minor
corrections, recognizing grants, contributions and associated costs, and new cost items not
included in the budget, which required additional adjustments to the 2013/2014 Biennial
Budget; and
WHEREAS, on December 2, 2013, the Council adopted Ordinance No. 5699 pursuant to
Chapter 35A.34 RCW, which requires the Council to provide for a mid‐biennial review and any
modification to the biennial budget shall occur no sooner than eight months after the start, but
no later than the conclusion of the first year of the biennium; and
WHEREAS, on April 21, 2014, the Council adopted Ordinance 5715 carrying forward
funds appropriated in 2013, but not expended in 2013 due to capital project interruptions and
delays in invoice payments, which needed to be carried forward and appropriated for
expenditure in 2014; and
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 32 of 307
ORDINANCE NO. _______
2
WHEREAS, on September 15, 2014, the Council adopted Ordinance 5723 making minor
corrections, recognizing grants, contributions and associated costs and new cost items not
included in the budget which required additional adjustments to the 2013/2014 Biennial
Budget; and
WHEREAS, supplementary minor corrections, recognition of grants, contributions and
associated costs and new cost items not included in the budget require additional adjustments
to the 2013/2014 Biennial Budget;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Ordinance Nos. 5682, 5686, 5692, 5699, 5715 and 5723 establishing the
City of Renton’s 2013/2014 Biennial Budget are hereby amended in the total amount of
$6,375,319 for an amended total of $609,250,946 over the biennium.
SECTION II. The 2014 Year‐End Budget Adjustment Summary by Fund is hereby
attached as Exhibit A and the 2013 Adjusted Budget Summary by Fund is hereby attached as
Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City
Clerk, Renton City Hall.
SECTION III. This ordinance shall be effective upon its passage, approval, and five (5)
days after publication.
PASSED BY THE CITY COUNCIL this _____ day of ____________________, 2014.
________________________________
Jason A. Seth, City Clerk
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 33 of 307
ORDINANCE NO. _______
3
APPROVED BY THE MAYOR this _____ day of ____________________, 2014.
_________________________________
Denis Law, Mayor
Approved as to form:
______
Lawrence J. Warren, City Attorney
Date of Publication: _____________
ORD:1850:11/7/14:scr
6c. - Administrative Services Department
recommends approval of the 2014 year-Page 34 of 307
ORDINANCE NO. _______ 4 Exhibit A: 2014 Year‐End Budget Adjustment Summary by FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund 2014 Beg Fund Bal Changes 2014 Adj. Fund Bal Budgeted Revenue Changes Adjusted Revenue Budgeted Expenditure Changes Adjusted Expenditure Ending Fund Balance Reserved/ Designated Fund Balance 000 GENERAL12,515,053 ‐ 12,515,053 78,095,984 2,423,239 80,519,223 82,362,345 1,947,461 84,309,806 8,724,470 8,724,470 001 COMMUNITY SERVICES2,124,598 ‐ 2,124,598 11,706,752 ‐ 11,706,752 11,693,059 ‐ 11,693,059 2,138,291 2,138,291 003 STREETS1,667,393 ‐ 1,667,393 9,028,020 ‐ 9,028,020 9,134,763 ‐ 9,134,763 1,560,650 1,560,650 004 COMMUNITY DEVELOPMENT BLOCK GRANT(229,834) ‐ (229,834) 577,004 78,717 655,721 336,973 78,717 415,690 10,197 10,197 005 MUSEUM52,979 ‐ 52,979 226,683 ‐ 226,683 226,683 ‐ 226,683 52,979 52,979 009 FARMERS MARKET98,826 ‐ 98,826 60,400 ‐ 60,400 83,322 ‐ 83,322 75,904 (75,904) ‐ 010 FIRE AND EMERGENCY SVC MEMORIAL‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 011 FIRE AND EMERGENCY SVC HEALTH & WELLNESS55,094 ‐ 55,094 25,000 ‐ 25,000 25,000 ‐ 25,000 55,094 (55,094) ‐ 031 PARK MEMORIAL478 ‐ 478 ‐ ‐ ‐ 478 ‐ 478 ‐ ‐ ‐ 21X GENERAL GOVERNMENT MISC DEBT SVC 1,169,674 ‐ 1,169,674 8,340,863 ‐ 8,340,863 8,400,863 ‐ 8,400,863 1,109,674 ‐ 1,109,674 Total General Governmental Funds17,454,261 ‐ 17,454,261 108,060,706 2,501,956 110,562,662 112,263,485 2,026,178 114,289,663 13,727,260 (130,998) 13,596,261 102 ARTERIAL STREETS192,689 ‐ 192,689 633,000 ‐ 633,000 810,000 ‐ 810,000 15,689 15,689 108 LEASED CITY PROPERTIES549,887 ‐ 549,887 833,071 ‐ 833,071 853,626 285,286 1,138,912 244,046 244,046 110 SPECIAL HOTEL‐MOTEL TAX185,606 ‐ 185,606 265,000 ‐ 265,000 315,693 ‐ 315,693 134,913 134,913 125 ONE PERCENT FOR ART97,771 ‐ 97,771 15,000 ‐ 15,000 50,000 ‐ 50,000 62,771 62,771 127 CABLE COMMUNICATIONS DEVELOPMENT284,632 ‐ 284,632 85,674 ‐ 85,674 85,674 ‐ 85,674 284,632 284,632 135 SPRINGBROOK WETLANDS BANK667,613 ‐ 667,613 ‐ ‐ ‐ ‐ 338,800 338,800 328,813 328,813 303 COMMUNITY SERVICES IMPACT MITIGATION934,618 ‐ 934,618 60,000 ‐ 60,000 ‐ ‐ ‐ 994,618 994,618 304 FIRE IMPACT MITIGATION646,165 ‐ 646,165 50,000 ‐ 50,000 ‐ ‐ ‐ 696,165 696,165 305 TRANSPORTATION IMPACT MITIGATION486,185 ‐ 486,185 40,000 190,000 230,000 200,000 89,000 289,000 427,185 427,185 316 MUNICIPAL FACILITIES CIP5,083,524 ‐ 5,083,524 3,342,827 2,897,000 6,239,827 8,193,703 2,700,000 10,893,703 429,648 429,648 317 CAPITAL IMPROVEMENT2,687,303 ‐ 2,687,303 19,250,204 937,641 20,187,845 21,228,172 217,260 21,445,432 1,429,716 (1,385,000) 44,716 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT9,012 ‐ 9,012 ‐ ‐ ‐ 9,012 ‐ 9,012 ‐ ‐ 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING84,599 ‐ 84,599 1,000,000 ‐ 1,000,000 75,000 ‐ 75,000 1,009,599 (1,000,000) 9,599 336 NEW LIBRARY DEVELOPMENT19,571,748 ‐ 19,571,748 450,000 ‐ 450,000 20,021,748 ‐ 20,021,748 ‐ ‐ 402 AIRPORT OPERATIONS & CIP 1,669,564 ‐ 1,669,564 17,384,184 353,935 17,738,119 18,828,270 368,795 19,197,065 210,618 (149,662) 60,956 403 SOLID WASTE UTILITY1,344,883 ‐ 1,344,883 16,419,820 ‐ 16,419,820 16,508,948 ‐ 16,508,948 1,255,755 (400,000) 855,755 404 GOLF COURSE SYSTEM & CAPITAL 319,161 ‐ 319,161 2,537,449 ‐ 2,537,449 2,715,919 ‐ 2,715,919 140,691 1,131 141,822 405 WATER OPERATIONS & CAPITAL 12,350,952 ‐ 12,350,952 18,150,149 ‐ 18,150,149 19,224,942 ‐ 19,224,942 11,276,159 (2,789,951) 8,486,208 406 WASTEWATER OPERATIONS & CAPITAL 8,131,928 ‐ 8,131,928 27,366,270 ‐ 27,366,270 27,801,365 ‐ 27,801,365 7,696,833 (1,613,544) 6,083,290 407 SURFACE WATER OPERATIONS & CAPITAL 7,510,285 ‐ 7,510,285 17,287,807 200,000 17,487,807 21,470,629 200,000 21,670,629 3,327,464 (1,066,571) 2,260,893 501 EQUIPMENT RENTAL3,935,088 ‐ 3,935,088 4,380,718 ‐ 4,380,718 4,669,709 ‐ 4,669,709 3,646,097 3,646,097 502 INSURANCE7,630,077 ‐ 7,630,077 7,344,062 ‐ 7,344,062 3,188,983 150,000 3,338,983 11,635,156 (11,553,966) 81,190 503 INFORMATION SERVICES2,216,612 ‐ 2,216,612 4,010,222 ‐ 4,010,222 5,358,145 ‐ 5,358,145 868,690 868,690 504 FACILITIES1,167,714 ‐ 1,167,714 4,105,749 ‐ 4,105,749 4,570,541 ‐ 4,570,541 702,922 702,922 505 COMMUNICATIONS347,771 ‐ 347,771 896,374 ‐ 896,374 917,403 ‐ 917,403 326,742 326,742 512 HEALTHCARE INSURANCE6,934,304 ‐ 6,934,304 11,622,068 ‐ 11,622,068 12,062,456 ‐ 12,062,456 6,493,916 (3,618,737) 2,875,179 522 LEOFF1 RETIREES HEALTHCARE7,207,703 ‐ 7,207,703 1,735,684 ‐ 1,735,684 1,738,162 ‐ 1,738,162 7,205,225 (7,205,225) ‐ 611 FIREMENS PENSION4,790,247 ‐ 4,790,247 300,000 ‐ 300,000 225,475 ‐ 225,475 4,864,772 (4,864,772) ‐ Total Other Funds97,037,641 ‐ 97,037,641 159,565,332 4,578,576 164,143,908 191,123,573 4,349,141 195,472,714 65,708,835 (35,646,297) 30,062,538 TOTAL ALL FUNDS 114,491,902 ‐ 114,491,902 267,626,038 7,080,532 274,706,570 303,387,058 6,375,319 309,762,377 79,436,094 (35,777,296) 43,658,799 2 year total 98,282,449 534,929,009 7,080,532 542,009,541 602,875,627 6,375,319 609,250,946 79,436,094 (35,777,296) 43,658,799 6c. - Administrative Services Department
recommends approval of the 2014 year-Page 35 of 307
ORDINANCE NO. _______ 5 Exhibit B: 2013 Adjusted Budget Summary by FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund2013 Adj Fund Bal2013 Actual Fund Bal2013 Adj Budget 2013 Actual2013 Adj Budget 2013 ActualAct Ending Fund BalanceReserved/ DesignatedAct Available Fund Balance 000 GENERAL10,575,369 10,575,369 74,864,505 77,801,319 77,134,850 75,861,635 12,515,053 12,515,053 001 COMMUNITY SERVICES1,891,966 1,891,966 11,080,510 10,921,025 11,320,489 10,688,393 2,124,598 2,124,598 003 STREETS1,585,553 1,585,553 8,677,257 8,372,826 8,873,975 8,290,986 1,667,393 1,667,393 004 COMMUNITY DEVELOPMENT BLOCK GRANT(13,145) (13,145) 460,832 86,317 374,577 303,005 (229,834) (229,834) 005 MUSEUM52,369 52,369 209,903 209,997 217,167 209,387 52,979 52,979 009 FARMERS MARKET90,520 90,520 79,400 65,509 80,414 57,203 98,826 (98,826) ‐ 010 FIRE AND EMERGENCY SVC MEMORIAL‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 011 FIRE AND EMERGENCY SVC HEALTH & WELLNESS55,483 55,483 25,000 29,232 25,000 29,621 55,094 (55,094) ‐ 031 PARK MEMORIAL178,367 178,367 ‐ 478 178,367 178,367 478 (478) ‐ 21X GENERAL GOVERNMENT MISC DEBT SVC 1,159,357 1,159,357 8,040,433 8,058,825 8,073,283 8,048,508 1,169,674 ‐ 1,169,674 Total General Governmental Funds15,575,839 15,575,839 103,437,840 105,545,527 106,278,122 103,667,105 17,454,262 (154,398) 17,299,863 102 ARTERIAL STREETS168,514 168,514 643,000 624,175 600,000 600,000 192,689 192,689 108 LEASED CITY PROPERTIES527,677 527,677 1,181,123 1,090,184 1,135,845 1,067,974 549,887 549,887 110 SPECIAL HOTEL‐MOTEL TAX111,256 111,256 245,000 314,657 291,000 240,307 185,606 185,606 125 ONE PERCENT FOR ART116,142 116,142 16,000 11,429 50,000 29,800 97,771 97,771 127 CABLE COMMUNICATIONS DEVELOPMENT257,372 257,372 85,674 93,131 85,674 65,870 284,632 284,632 135 SPRINGBROOK WETLANDS BANK665,828 665,828 ‐ 1,785 ‐ ‐ 667,613 667,613 303 COMMUNITY SERVICES IMPACT MITIGATION1,540,154 1,540,154 60,000 94,464 700,000 700,000 934,618 934,618 304 FIRE IMPACT MITIGATION797,417 797,417 25,000 98,748 250,000 250,000 646,165 646,165 305 TRANSPORTATION IMPACT MITIGATION292,627 292,627 40,000 247,558 54,000 54,000 486,185 486,185 316 MUNICIPAL FACILITIES CIP3,474,517 3,474,517 4,377,834 3,711,499 7,743,713 2,102,492 5,083,524 5,083,524 317 CAPITAL IMPROVEMENT(391,159) (391,159) 33,586,759 23,827,469 33,146,358 20,749,006 2,687,303 2,687,303 318 SOUTH LAKE WA INFRASTRUCTURE PROJECT52,073 52,073 44,874 44,913 96,947 87,974 9,012 9,012 326 HOUSING OPPORTUNITY84,359 84,359 ‐ 240 75,000 ‐ 84,599 84,599 336 NEW LIBRARY DEVELOPMENT19,143,344 19,143,344 1,830,836 1,850,316 20,974,180 1,421,913 19,571,748 19,571,748 402 AIRPORT OPERATIONS/CAPITAL2,342,924 2,342,924 15,322,540 11,160,693 17,492,945 11,834,053 1,669,564 (150,181) 1,519,382 403 SOLID WASTE UTILITY1,523,881 1,523,881 15,700,852 15,969,959 16,177,073 16,148,957 1,344,883 (400,000) 944,883 404 GOLF COURSE SYSTEM & CAPITAL 539,814 539,814 2,580,619 2,272,097 2,845,664 2,492,750 319,161 (33,445) 285,716 405 WATER OPERATIONS & CAPITAL 9,846,308 9,846,308 17,145,453 17,119,609 19,041,019 14,614,966 12,350,951 (2,636,260) 9,714,691 406 WASTEWATER OPERATIONS & CAPITAL 4,942,621 4,942,621 25,185,348 25,396,442 25,402,819 22,207,136 8,131,928 (1,548,763) 6,583,165 407 SURFACE WATER OPERATIONS & CAPITAL 6,014,474 6,014,474 15,037,641 10,066,864 16,047,448 8,571,053 7,510,285 (916,890) 6,593,396 501 EQUIPMENT RENTAL3,722,501 3,722,501 4,261,224 4,641,985 4,295,028 4,429,397 3,935,088 3,935,088 502 INSURANCE4,986,807 4,986,807 5,713,764 5,846,378 3,060,718 3,203,107 7,630,077 (7,275,000) 355,077 503 INFORMATION SERVICES1,856,972 1,856,972 4,188,823 4,152,765 5,326,336 3,793,125 2,216,612 2,216,612 504 FACILITIES849,472 849,472 4,349,946 4,528,196 4,542,713 4,209,954 1,167,714 1,167,714 505 COMMUNICATIONS303,477 303,477 877,773 911,149 893,249 866,855 347,771 347,771 512 HEALTHCARE INSURANCE7,899,070 7,899,070 9,329,364 9,611,399 10,904,461 10,576,165 6,934,304 (3,172,849) 3,761,454 522 LEOFF1 RETIREES HEALTHCARE6,482,165 6,482,165 1,735,684 1,758,263 1,737,782 1,032,725 7,207,703 (206,545) 7,001,158 611 FIREMENS PENSION4,556,003 4,556,003 300,000 427,661 240,475 193,418 4,790,247 (4,790,247) ‐ Total Other Funds82,706,610 82,706,610 163,865,131 145,874,027 193,210,447 131,542,996 97,037,642 (21,130,180) 75,907,462 TOTAL ALL FUNDS 98,282,449 98,282,449 267,302,971 251,419,555 299,488,569 235,210,100 114,491,903 (21,284,578) 93,207,325 6c. - Administrative Services Department
recommends approval of the 2014 year-Page 36 of 307
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Ordinance Amending RMC 1-3-1.B Allowing for
the use of SCORE
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
Ordinance
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Garmon Newsom II, x6487
Recommended Action:
Refer to Public Safety Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
RCW 9A.20.020 arguably requires that every person convicted of a gross misdemeanor that is
sentenced to jail serve that sentence in a county jail. RMC 1-3-1 mimicked RCW 9A.20.020. Because
Renton utilizes a non-county facility, SCORE, RMC 1-3-1 needed to be modified to permit imprisonment
in SCORE.
STAFF RECOMMENDATION:
Adopt the ordinance amending RMC 1-3-1.B.
6d. - City Attorney Department
recommends amending RMC 1-3-1.B, Page 37 of 307
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 1‐3‐1.B OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I
(ADMINISTRATIVE) OF THE RENTON MUNICIPAL CODE, ALLOWING FOR THE
CITY’S USE OF THE SOUTH CORRECTIONAL ENTITY REGIONAL JAIL OR ANOTHER
APPROPRIATE FACILITY FOR THE IMPOSITION OF JAIL TIME.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 1‐3‐1.B, Violations, of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of the Renton Municipal Code, is amended as follows:
B. Violations: Any person convicted of a criminal violation of any section of
the Renton Municipal Code shall be punished in accordance with RCW
9A.20.021(2) and (3), as now or hereafter amended, for gross misdemeanors and
misdemeanors, with the exception that the imposition of jail time can be at any
appropriate facility and is not limited to a county jail. Whenever a specific
penalty or range of penalties has been established for a crime by the State
Legislature and that crime has been incorporated into the Renton Municipal
Code, either directly or by reference, then the penalty ranges established by the
Legislature shall govern and this provision shall not be enforced.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) calendar days after publication.
6d. - City Attorney Department
recommends amending RMC 1-3-1.B, Page 38 of 307
ORDINANCE NO. ________
2
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2014.
Jason A. Seth, Acting City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2014.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1847:10/23/14:scr
6d. - City Attorney Department
recommends amending RMC 1-3-1.B, Page 39 of 307
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Ordinance Amending RMC 6-28-6.C re Violation of
Stay Out of Areas of Racing ("SOAR") Orders
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
Ordinance
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Garmon Newsom II, x6487
Recommended Action:
Refer to Public Safety Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The state shortened imprisonment for gross misdemeanors from 365 to 364 days a few years ago. RMC
6-28-6 still permitted imprisonment to 365 days for the violation of Stay Out of Areas of Racing
("SOAR") orders which would be unlawful. This amendment conforms RMC 6-28-6 to the state statute.
STAFF RECOMMENDATION:
Adopt the ordinance amending RMC 6-28-6.C.
6e. - City Attorney Department
recommends amending RMC 6-28-6.C, Page 40 of 307
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 6‐28‐6.C OF CHAPTER 28, RACE ATTENDANCE, OF TITLE VI (POLICE
REGULATIONS) OF THE RENTON MUNICIPAL CODE, UPDATING THE PENALTIES
FOR VIOLATING A STAY OUT OF AREAS OF RACING (“SOAR”) ORDER TO BE
CONSISTENT WITH RMC 1‐3‐1.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 6‐28‐6.C of section 6‐28‐6, Violation of SOAR Orders, of
Chapter 28, Race Attendance, of Title VI (Police Regulations) of the Renton Municipal Code, is
amended as follows:
C. A violation of subsection A of this section is a gross misdemeanor and
shall be punishable consistent with the provisions of RMC 1‐3‐1, Criminal
Penalties by a fine not to exceed $5,000 or imprisonment not to exceed more
than one year, or both.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty
(30) calendar days after publication.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2014.
Jason A. Seth, City Clerk
6e. - City Attorney Department
recommends amending RMC 6-28-6.C, Page 41 of 307
ORDINANCE NO. ________
2
APPROVED BY THE MAYOR this _______ day of _____________________, 2014.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1846:10/29/14:scr
6e. - City Attorney Department
recommends amending RMC 6-28-6.C, Page 42 of 307
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Interlocal Agreements regarding the
Implementation and Operation of the Puget Sound
Emergency Radio Network ("PSERN")
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
Issue Paper
Implementation of PSERN Interlocal Agreement
PSERN Operator Interlocal Agreement
Resolution authorizing Implementation Interlocal
Agreement
Resolution authorizing PSERN Operator Interlocal
Agreement
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Zanetta L. Fontes, x6486
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Multiple jurisdictions have been working on creating a new Public Safety Emergency Radio Network
(PSERN) for the King County area. The Implementation of PSERN and the PSERN Operator Interlocal
Agreements will authorize Renton's participation.
STAFF RECOMMENDATION:
Adopt the resolutions authorizing the Implementation Interlocal Agreement and the PSERN Operator
Interlocal Agreement.
6f. - City Attorney Department
recommends adoption of the resolutions Page 43 of 307
Page - 1
CITY ATTORNEY
M E M O R A N D U M
DATE:November 12, 2014
TO:Mayor, Denis Law and All City Council Members
FROM:Zanetta L. Fontes, Sr. Asst. City Attorney
SUBJECT:Public Safety Radio Needs
ISSUES
1.Whether to enter into two ILAs with King County and 10 other cities in King County to
address the need to replace the current emergency radio system in King County; and
2. Whether to create a new non-profit entity to oversee/operate the new system.
BACKGROUND
NEED:
The current system is multi-headed. The south end cities work with Valley Com. The East side
cities work with EPSCA. Seattle has its own self-contained system (which does not interact with
other systems), and the County has its system, which does interact with Valley Com and EPSCA.
The hardware currently in use for the 800 MHz is outdated. Valley Com (and, presumably
EPSCA) has been stockpiling spare parts for the consoles and other hardware, because those
parts are now unavailable from any manufacturers. Further, manufacturers have either
stopped or soon will not service our equipment (even if we do have the spare parts to replace
broken parts).
6f. - City Attorney Department
recommends adoption of the resolutions Page 44 of 307
Page - 2
We have no idea how much longer we can responsibly keep the current system in operation.
At some point some key component will be deemed obsolete beyond the point of repair. At
that point, the communications system would shut down.
RESPONSE TO NEED:
To respond to this need, the County, and the cities of Auburn, Bellevue, Federal Way, Issaquah,
Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila have been working on a
plan to implement a change over to a new system and create a new legal entity to operate the
new system. The plan would involve the cooperation of all of these jurisdictions.
PLAN:
The proposal involves the creation of a NEW radio system (we have called it Puget Sound
Emergency Radio Network, or PSERN). While King County is willing to take on the lead position
for the creation and initial implementation of this new system, the County does not want to
operate it.
Therefore, the proposed path is that the County and the cities enter into two separate ILAs.
The first ILA’s purpose would be to start the process of building the new system, acquiring
licensing from the FCC, as well as acquiring rights to existing towers (those owned by Seattle,
EPSCA, and Valley Com) and acquiring new tower sites, should that be necessary. I will refer to
this as the Implementation ILA. This building process could take as long as 5 years (to take us
through testing and full acceptance of the new system).
Once the system is in place, there needs to be an operator of the new radio network. As I said
before, County does not want to be the operator. So, the County and the cities need to create
a new entity to operate the new system. There would need to be a second ILA that would
establish the guidelines for the new entity. I will refer to this second agreement as the
Operator’s ILA.
FUNDING FOR IMPLEMENTATION:
As the lead agency for the implementation, County would initiate a county-wide funding
measure. PSERN is estimated to cost up to $265 million. The Executive’s Office has performed
an alternatives analysis of the options and believes the most appropriate funding option is a
levy lid lift.
There could be push back from fire districts (or other junior taxing authorities) on the form of
funding measure that is advanced as there could be a negative impact on their taxing authority.
Fire District leaders have written letters to the county council members asking the county to
consider a bond issue instead of a levy lid lift. I don’t know where the county is on this issue.
6f. - City Attorney Department
recommends adoption of the resolutions Page 45 of 307
Page - 3
GENERATION OF ILAs:
A steering committee made up of project personnel, county representatives, as well as
representatives from Seattle, Valley Com, and EPSCA has been working on this need for several
years. The Steering Committee generated a rough draft of one ILA to address implementation
as well as ultimate operation. That draft was circulated to city attorneys in August. Upon
review of that draft, the city attorneys from the south end determined there needed to be two
separate ILAs and started to work on drafting the ILA related to the operation (post
implementation).
County and city attorneys as well as people who are connected to the project have met
numerous times to hammer out language for the two ILAs. The Implementation ILA has been
vetted by all concerned. The Operator’s ILA (after input from the county attorneys and project
representatives) has now gone out to the other city attorneys for comment. We anticipate that
the Operator’s ILA will have minor tweaks to come. As you will see from the comments on the
exhibit of the Operator’s ILA, there are some questions the attorneys need to address. Another
meeting is scheduled for 14 November to discuss the Operator’s ILA.
TIMING:
As you might expect, there is considerable anxiety on the County’s part to place such a measure
on the ballot. Consequently, the County wants to know that there is buy in from all of the cities
and wants formal acceptance by the legislative body of each jurisdiction before initiating a
ballot measure. Working backwards from the deadline that County needs to meet in order to
get this on the April ballot, County will need formal acceptance by the participating jurisdictions
before the end of November.
The County is aiming to place this on the ballot in April, 2015. The County has its reasons for
aiming for this time frame. The bottom line is that if this date is missed there will likely be a
long delay before the next acceptable date. (Of course, considering the dire situation in which
we could find ourselves if any of our systems go down, the sooner this gets before the voters,
the better.)
ASKING OF YOU:
At this time, I am asking you to pass two resolutions authorizing the mayor to sign the two ILAs,
so long as they are substantially the same as the draft ILAs attached to the resolution. I have
attached those two ILAs to this memo as well.
Please feel free to call me if you have any questions, ext. 6486.
Zanetta
6f. - City Attorney Department
recommends adoption of the resolutions Page 46 of 307
1
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
6f. - City Attorney Department
recommends adoption of the resolutions Page 47 of 307
2
TABLE OF CONTENTS
1.0 Rules of Construction and Definitions ................................................................ 4
2.0 Duration of Agreement ....................................................................................... 7
3.0 The Parties’ Responsibilities .............................................................................. 7
4.0 Joint Board ......................................................................................................... 8
5.0 PSERN System Implementation ...................................................................... 12
6.0 Dispatch Center Equipment Implementation .................................................... 15
7.0 Subscriber Radio Equipment Implementation .................................................. 16
8.0 PSERN Project Budget for Implementation Period .......................................... 18
9.0 Transfer of System for Operations Period ........................................................ 20
10.0 Operations and Maintenance Pending Transfer ............................................... 20
11.0 Intellectual Property, Confidential Information and Records ............................ 21
12.0 Force Majeure .................................................................................................. 22
13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party ...... 22
14.0 Legal Relations ................................................................................................. 23
15.0 General ............................................................................................................. 25
EXHIBITS
Ex. 1 Contracting Plan
Ex. 2 List of Party Owned/Controlled Sites
Ex. 3 List of Frequencies
Ex. 4 Cost Allocation Model
Ex. 5 List of User Agencies Eligible for Radio Exchanges
Ex. 6 Contact Information
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PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (“Agreement”) is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County (“County”)
and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer
Island, Redmond, Renton, Seattle and Tukwila, each a political subdivision of the State
of Washington (individually, a “Party,” and collectively, the “Parties”).
RECITALS
A. The Parties, under various interlocal agreements, are responsible for the ownership,
operations and maintenance of various elements in the current King County Emergency
Radio Communications System (KCERCS), a voice radio system that is nearly twenty
years old and is increasingly unsupported by the supplier of the system’s equipment,
software and repairs.
B. The Parties have determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications at a cost-effective price. Said new system is referred
to herein as the “Puget Sound Emergency Radio Network System” or “PSERN System.”
C. The Parties seek to finance the costs of implementing the PSERN System by a
funding measure to be placed on the ballot by the King County Council for consideration
by the qualified electorate in King County.
D. The Parties desire that the County act as the lead agency for planning, procurement,
financing and implementation of the PSERN System and that a new non-profit entity will
be formed to assume the ownership and control of the PSERN System following Full
System Acceptance.
E. The purpose of this Agreement is to establish the terms under which the Parties will
undertake the planning, financing, procurement, site acquisition and development,
equipment installation, and other activities necessary to implement the PSERN System.
F. Concurrent with this Agreement, the Parties have entered into a second interlocal
cooperation agreement, referred to herein as the “PSERN Operations ILA,” to establish
the terms under which the Parties will create a new entity, referred to herein as the
“PSERN Operator”, to be responsible for the ownership, operations, maintenance, and
on-going upgrading/replacing of the PSERN System during its anticipated useful life.
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TERMS AND CONDITIONS OF AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein and other valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to the above Recitals and the following terms and
conditions.
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all statutory or regulatory
provisions consolidating, amending or replacing the statute or regulation
referred to.
1.1.3 References to sections, exhibits, attachments or appendices are to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation”.
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by the County, the due date
shall be deemed to be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry
meanings are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for
convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
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1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the
following terms are defined for this Agreement as follows:
1.2.1 Agreement means this Puget Sound Emergency Radio Network
Implementation Period Interlocal Cooperation Agreement.
1.2.2 Alternate means a person appointed to serve in the absence of a Joint
Board Representative.
1.2.3 Appointing Party(ies) means the City of Seattle, the EPSCA Cities, the
ValleyCom Cities and King County.
1.2.4 Confidential Information means any information in written, graphic, verbal
or machine-recognizable form that: (a) is related to PSERN; (b) is provided to a
Party by another Party, the PSERN Contractor or another person or entity; and
(c) is marked or identified as “confidential”, “proprietary,” “trade secret” or similar
designation.
1.2.5 Cost Allocation Model means the method used for determining the user
rates applicable to Dispatch Centers and User Agencies for fees they will pay to
either the County or the PSERN Operator during the Operations Period.
1.2.6 County means King County, Washington.
1.2.7 Dispatch Center means a facility or an entity that uses PSERN to dispatch
users of Subscriber Radios.
1.2.8 EPSCA means the Eastside Public Safety Communications Agency.
1.2.9 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer
Island and Redmond, Washington.
1.2.10 Full System Acceptance (FSA) means the determination issued to the
PSERN Contractor upon satisfactorily completing the final system development
phase milestone.
1.2.11 Implementation Period means that period of time from the effective date
of this Agreement through and until the beginning of the first full month after
issuance of FSA.
1.2.12 Joint Board means the board formed by the Parties under this
Agreement.
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1.2.13 KCERCS means the existing King County Emergency Radio
Communication System.
1.2.14 NAC means a notice of apparent completion issued under the contract
with the PSERN Contractor.
1.2.15 Operations Budget means the budget funded by fees from Dispatch
Centers and User Agencies to pay for the costs of operating, maintaining and
upgrading PSERN after FSA.
1.2.16 Operations Period means the period that commences with the first full
month after FSA.
1.2.17 Party means a signatory to this Agreement and excludes a signatory that
withdraws from this Agreement.
1.2.18 Project (or PSERN Project) means all authorized activities relating to the
planning, analysis, design, development, acquisition, site development,
installation, testing, training, and operation of the PSERN System until FSA,
starting-up a new PSERN Operator, transferring the PSERN System to same
and any decommissioning, contract close-out and other project completion
activities.
1.2.19 Project Budget means the budget approved by the Joint Board to spend
the funds the County Council has appropriated to carry out PSERN Project
activities. 1.2.20 Project Fund means the funds held by the County to fund the
Project Budget including proceeds from the County-wide levy and proceeds from
any bond or debt instruments.
1.2.21 Project Director means the County employee assigned to lead Project
activities.
1.2.22 PSERN means the Puget Sound Emergency Radio Network.
1.2.23 PSERN Contractor means the prime contractor under County Contract
#________ (or the County Contract) that is responsible, among other things, for
supplying the PSERN System’s equipment and software.
1.2.24 PSERN Operations Period ILA (or Operations Period ILA) means the
interlocal cooperation agreement entered into by the Parties concurrent with this
Agreement to establish the terms under which the Parties will create a new
PSERN Operator to own, operate, maintain, manage and upgrade/replace the
PSERN System during the Operations Period.
1.2.25 PSERN Operator means the new entity formed pursuant to the PSERN
Operations Period ILA.
1.2.26 PSERN Project (see “Project”).
1.2.27 Representative means a person appointed by an Appointing Party(ies) to
serve on the Joint Board.
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1.2.28 Subscriber Radio means an end user radio and includes a mobile
(vehicular) and portable (handheld) radio which has been authorized and
programmed to operate on the System.
1.2.29 System means all the elements constituting the PSERN System,
excluding Subscriber Radios unless the context indicates inclusion.
1.2.30 User Agency means an entity that uses the PSERN System for its
employees’ radio communications.
1.2.31 User Agency Agreement means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the System.
1.2.32 ValleyCom means the Valley Communications Center.
1.2.33 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent,
Renton, and Tukwila, Washington.
2.0 DURATION OF AGREEMENT
2.1 This Agreement shall take effect on the date when last signed by an authorized
representative of each Party.
2.2 Unless extended by written amendment as provided in Section 15.10 or
terminated earlier as provided in Section 13, this Agreement shall expire upon the
issuance of FSA and the County’s written notice to the other Parties that all Project
activities have been completed.
2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter
approved measure prior to January 1, 2018, this Agreement shall terminate on January
1, 2018 unless extended by agreement of the Parties.
3.0 THE PARTIES’ RESPONSIBILITIES
3.1 Appointing Representatives to Joint Board
The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as
provided under Section 4.
3.2 Use of Land and Improvements
To the extent provided in Section 5.3, each Party agrees to make land and
improvements available for PSERN System use.
3.3 Use of Licensed Spectrum
To the extent provided in Section 5.4, each Party agrees to make licensed spectrum
under its direct or indirect control available for PSERN System use.
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3.4 Cooperation on PSERN System Activities
Each Party understands and agrees that it is essential to public safety, within its
jurisdiction and throughout King County, that the PSERN System be implemented
without delay. In support of that objective, each Party agrees to cooperate in good faith
with each other in all activities related to the PSERN System’s implementation, operation
and maintenance, which cooperation shall include: promptly responding to requests for
information among the Parties; exercising best efforts to expedite the processing and
execution of any requested reviews, inspections, approvals, permits, leases and
agreements; and timely performing any construction, installation, testing and
maintenance activities related to the PSERN System.
3.5 Other Responsibilities
The Parties shall be responsible for such other activities and obligations as are specified
herein or arise from a Joint Board action.
4.0 JOINT BOARD
4.1 Creation of Joint Board
By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW
39.34.030(4). The Joint Board is not a separate legal or administrative entity within the
meaning of RCW 39.34.030(3). The Joint Board shall oversee the activities of the
Parties in connection with the PSERN System as provided in this Agreement. The Joint
Board shall act on behalf of all Parties and as may be in the best interests of the PSERN
Project. The Joint Board is not authorized to enter into contracts, own assets, or hire
employees.
4.2 Joint Board Representatives
4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed
as follows by the Parties, or groups of Parties:
a. City of Seattle: one (1) Representative and one (1) Alternate.
b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond
collectively: one (1) Representative and one (1) Alternate.
c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively:
one (1) Representative and one (1) Alternate.
d. King County: one (1) Representative and one (1) Alternate.
4.2.2 The non-voting Chair of the Joint Board shall be the Deputy County
Executive or his/her designee. The Chair or designee shall conduct the Joint
Board’s meetings and supervise the administrative activities related to meetings
including scheduling, preparing the agendas, providing reports and other
information materials to the Representatives and creating records of Joint Board
actions.
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4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of
a fire agency to serve as non-voting participants on the Joint Board, provided
they are from agencies within King County.
4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the
EPSCA Cities, and the Mayors of the ValleyCom Cities shall each provide to the
Joint Board’s Chair a written notice identifying the names of a primary
Representative and an alternative Representative (Alternate) who are authorized
to speak, vote and otherwise act on behalf of their respective Appointing Party or
group of Parties. Such notices shall include the name(s), contact information and
effective date(s) of the appointments.
4.2.5 An Alternate may only speak and vote on behalf of his/her Appointing
Party(ies) if: (a) the Chair has received written notice of the Alternate’s
appointment; and (b) the primary Representative is absent from the meeting.
References in this Agreement to a “Representative” shall include an Alternate
who has been appointed in accordance with this Agreement and is acting in the
absence of the primary Representative.
4.2.6 The Appointing Party or group of Parties shall promptly replace any
vacancy in its positions of Representative and Alternate and may, at any time,
replace its Representative or Alternate by giving the Chair of the Joint Board
written notice of the change including: the name(s), contact information and
effective date(s) of the replacement(s).
4.2.7 Each Representative and each Alternate shall be an employee of his/her
Appointing Party(ies), ValleyCom or EPSCA. No Representative or Alternate
shall be deemed to be an employee of, or entitled to compensation from, any
Party other than his/her Appointing Party.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Joint Board shall be all four (4) voting
Representatives and the Chair or his/her designee.
4.3.2 The Joint Board shall establish procedures for its operations and meetings,
including the establishing of a regular monthly meeting schedule and location
and providing for the scheduling of special and emergency meetings. To the
extent allowed by Washington law, the Joint Board may establish procedures for
conducting meetings by telephonic or other electronic means provided that all
Representatives and members of the public are able to hear each other during
the meeting. If such procedures are established by the Joint Board, any
Representative participating in a meeting by such means is deemed to be
present at the meeting for all purposes including establishing a quorum.
4.3.3 The Joint Board shall take action by the unanimous vote of all four (4)
voting Representatives.
4.3.4 Representatives must be present at a meeting to vote and may not vote by
proxy.
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4.3.5 The voting Representatives may select an acting Chair to serve in the
absence of the Chair or his/her designee.
4.3.6 The Joint Board shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
4.4 Joint Board Actions
4.4.1 The Joint Board shall oversee the implementation, operation and
maintenance of the PSERN System to the extent provided in this Agreement. In
furtherance of that oversight, the Joint Board is specifically authorized to take the
following actions:
a. Amend this Agreement including any exhibits;
b. Establish committees and advisory groups, including an advisory
operations board of emergency radio users, to perform activities related
to the PSERN Project or to provide reports or recommendations to the
Joint Board related to the PSERN Project;
c. Adopt and amend policies, business rules, procedures, standards and
guidelines related to the PSERN System including System access and
use, security, and System and Subscriber Radio maintenance, upgrading
and security;
d. Approve the Project Budget subject to County Council appropriation;
e. Approve contracts related to the Implementation Period;
f. Approve those leases related to the PSERN System for which the
monthly rent exceeds the per site monthly rent authorized in the Project
Budget;
g. Approve changes to PSERN System-related contracts if the cost of the
change exceeds the authority granted to the Project Director under the
Contracting Plan attached hereto and made a part hereof as Exhibit 1;
h. Approve the PSERN System design and any changes to same
affecting System performance;
i. Approve the issuance by the County to the PSERN Contractor of
Notice of Apparent Completion (NAC) of the following milestones:
(i) Milestone 3H: System Optimization and RF Coverage
Testing
(ii) Milestone 3J Operational and Functional System Test
(iii) Milestone 3K Pilot Test with 100 Users
(iv) Milestone 5C Full System Acceptance
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j. Approve a transition plan that defines the tasks, responsibilities and
schedule for transitioning from the KCERCS to the PSERN System
including moving Dispatch Centers and User Agencies onto the PSERN
System;
k. Approve the County’s entering into agreements with User Agencies
and Dispatch Centers establishing the terms and conditions for access to
and use of the PSERN System;
l. Approve such other actions as are specified under this Agreement as
being made by the Joint Board;
m. Delegate the Joint Board's authority under this Agreement subject to
such limitations and conditions as the Joint Board may establish; and
n. Approve a Party’s request to withdraw from this Agreement and the
terms and conditions of such approval in accordance with Section 13.
4.4.2 The PSERN System-related contracts will require prompt review of
deliverables and notices of milestone completion. The Joint Board shall hold
special meetings as needed and take action in a timely manner so as to avoid
delay and other claims by PSERN System-related contractors.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting
but fails for lack of a unanimous vote by all four (4) Representatives, a voting
Representative may submit written notice of an impasse to the other
Representatives and the Joint Board Chair. The notice shall be submitted within
seven (7) days of the Board’s last vote on the matter and shall include a
statement of the action being sought and the history of any Joint Board
deliberation or vote(s) on the matter.
4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his/her
designee shall designate a mediator to assist the Joint Board in resolving the
impasse. The mediator shall be experienced in resolving disputes in public
sector capital projects and may not be an employee of any of the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN Project
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Representatives to cooperate with the mediator in good
faith including expediting responses to any mediator requests for information and
discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Representatives. The mediator may recommend one or
more non-binding alternatives for resolving the impasse. Regardless of the
outcome of the mediation, each Party shall pay an equal percentage share of the
cost of the mediator’s fees and expenses, if any. The County shall pay the
mediator and invoice each Party for its share. Each party shall pay the County
within thirty (30) days after receiving the invoice.
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4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Joint Board to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected official
designated by the ValleyCom Cities. The Joint Board and the EEC shall
convene to consider the matter and attempt to reach a resolution, which may
include re-submitting the matter for a Joint Board vote, not later than twenty (20)
days after the date the mediator provided his/her recommendation(s).
4.6 Emergency Procedures
Consistent with applicable Washington State law, the Joint Board may adopt procedures
for providing direction and decision-making in the event of emergencies that have or
may have direct, significant and material negative effects on the implementation,
operation and maintenance of the PSERN System when consideration of such
emergencies by the Joint Board could not occur in a timely manner, all as determined by
the Chair of the Joint Board. The procedures shall set forth how an emergency is
declared and who declares it. Such procedures may allow expedited procurement and
contracting procedures by the Project Director to address the emergency, as may be
permitted by Washington State law. Each decision made pursuant to such procedures
shall be communicated to the Parties as soon as reasonably possible and shall be
subject to ratification by the Joint Board in a regular or special meeting within two (2)
weeks after the finding of an emergency by the Chair of the Joint Board.
4.7 Record of Action
Actions by the Joint Board shall be memorialized in writing and signed by the Chair or
acting chair of the Joint Board. A copy of each action shall be distributed to each Joint
Board Representative and Alternate within ten (10) Business Days of the action.
4.8 Joint Board Administrative Support
The County shall provide administrative support for the Joint Board. The cost of
providing such support shall be covered by the PSERN Project Budget during the
Implementation Period and by the PSERN Operations Budget during the Operations
Period.
5.0 PSERN SYSTEM IMPLEMENTATION
5.1 Project Management
The County will be responsible for performing all Project management activities
including:
a. all personnel actions related to the Project Director and other County
employees assigned to Project activities;
b. scheduling and management of day-to-day Project activities;
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c. developing a Project Budget and obtaining County Council
appropriation(s), approving expenditures, and tracking expenditures
against the Project Budget including its contingency;
d. developing, tracking, and updating all required Project documentation;
e. developing and performing all financial, accounting and inventory-
control processes including establishing a Project Fund to receive levy
and bond proceeds, processing invoices and making payments and
distributions from the Project Fund, responding to audits, and tracking the
receipt and distribution of equipment and other deliverables in
accordance with applicable laws, regulations and policies;
f. developing and implementing a transition plan for Joint Board approval;
g. coordinating PSERN Project activities with the Parties and the
KCERCS’s users; and
h. providing regular reports to the Joint Board on the Project’s activities
during the Implementation Period.
5.2 Contracting and Equipment Ownership
5.2.1 Subject to Joint Board approval, the County will procure, execute and
administer all contracts, licenses and agreements related to the planning,
analysis, design, development, installation, construction and testing of the
equipment, software, facilities, improvements and other elements of the PSERN
System.
5.2.2 The Project Director shall be responsible for contract procurement and
contract administration activities in accordance with Exhibit 1 and any emergency
contracting procedures approved by the Joint Board.
5.2.3 As the Party entering into the contract(s), the County will become the
owner of the delivered PSERN System equipment except as provided in Section
7 for Subscriber Radios. The County will transfer said ownership to the new
PSERN Operator formed under the PSERN Operations ILA in accordance with
Section 9.
5.3 PSERN System Sites
5.3.1 Subject to Joint Board approval if required under Section 4.4.1(f), the
County will enter into leases and other arrangements to acquire the rights, for
itself and its contractors, successors and assigns, to access, install, use,
develop, or construct towers, structures, equipment, facilities and other
improvements as needed for PSERN System implementation.
5.3.2 The PSERN System sites identified in the List of Party Owned/Controlled
Sites, attached hereto and made a part hereof as Exhibit 2, are controlled directly
or indirectly by those Parties as indicated therein. If and to the extent a Party’s
interest permits, each such listed Party agrees to enter into a lease(s),
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assignment or other appropriate agreement with the County to permit the use by
the PSERN System of the listed site(s) under its control on terms and conditions
no worse than the best terms and conditions (for the lessee) that are then
applicable in a comparable lease, license or agreement with another
governmental entity. Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.3 If during the PSERN System design process, other potential locations for
PSERN System equipment or facilities are identified on any land or any
improvement (such as buildings and towers) in which any Party has an
ownership or tenancy interest, or otherwise controls, directly or indirectly through
EPSCA or ValleyCom, then subject to any legal limitations, such Party agrees to
enter into a lease(s), assignment or other appropriate agreement with the County
to permit the use of such land or improvements by the PSERN System.
Notwithstanding the forgoing, a Party shall not be required to enter into any
lease, assignment, or other agreement that impairs a Party’s right and ability to
use the equipment or facilities as necessary for KCERCS or the Party’s own
purposes. The land and improvements shall be offered to the County:
a. with a right of first refusal; and
b. on terms and conditions no worse than the best terms and
conditions (for the lessee) that are then applicable in a
comparable lease, license or assignment with another
governmental entity. Consideration for such a lease may be
provided as a cash payment, credit, or reciprocal benefit.
5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to
terminate or interfere with an existing lease or use of land or improvements.
5.3.5 The Parties will cooperate with the County in fulfilling its role and
responsibilities under this Agreement. Without limiting the foregoing, the EPSCA
Cities and the ValleyCom Cities shall propose and support measures at the
EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes
and intent of this Section 5.3 and to the extent permitted by law.
5.4 Frequencies
5.4.1 The Parties agree that they will cooperate with the County in any Federal
Communications Commission process or application necessary to make
available, or cause to be made available, for use in the PSERN System the
licensed frequencies identified in the List of Frequencies attached hereto and
made a part hereof as listed in Exhibit 3. As part of the PSERN System design
process, the Parties agree to cooperate in the development of PSERN
Frequency Plans including agreeing to relicensing frequencies from the sites in
which they are currently used to other sites in the PSERN System. Further, the
Parties will consent to use of frequencies by the County and the PSERN
Contractor under the design standards of the PSERN System.
5.4.2 The Parties will cooperate with the County in fulfilling its role and
responsibilities under this Agreement. Without limiting the foregoing, the EPSCA
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Cities and the ValleyCom Cities shall propose and support measures at the
EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes
and intent of this Section 5.4.
5.4.3 In the event a Party withdraws or otherwise terminates its participation in
this Agreement and the PSERN System, it shall surrender all rights and interests
it may have or claim to have in any frequencies determined by the Joint Board to
be necessary for the PSERN System. The provisions and obligations of this
Section 5.4 shall survive any termination of, or a Party’s withdrawal from, this
Agreement.
5.4.4 As more fully described in the PSERN Operations ILA, the Parties agree to
take all steps necessary to ensure that all spectrum used in the PSERN System
is transferred to and licensed in the name of the PSERN Operator to which
ownership of the PSERN System is transferred after FSA. Said transfer and re-
licensing shall be effected within sixty (60) days after ownership of the PSERN
System has been transferred to the PSERN Operator.
5.4.5 Any frequencies currently used in KCERCS which are not reused in the
PSERN System shall remain in the name of the original licensee under KCERCS
and shall not be transferred to the PSERN Operator.
5.4.6 If the PSERN Project is terminated prior to FSA, or if following FSA the
PSERN System is abolished in its entirety, the PSERN Operator (or if it has not
yet been created, the County) will take all steps necessary to transfer the
frequencies surrendered pursuant to this Section 5.4 back to each of the Parties,
EPSCA, and ValleyCom, and/or their successors.
5.5 Transition from KCERCS to the PSERN System
5.5.1 The Parties agree to continue to operate and maintain the central switch,
sub-systems and other elements of KCERCS to the extent the Parties directly or
indirectly control such elements until the issuance of FSA of the PSERN System
or such other time as the Joint Board approves. Nothing in this Agreement shall
be interpreted to require a Party to undertake any action that would adversely
and materially impact a Party’s ability to operate KCERCS as necessary for
public safety through the Implementation Period.
5.5.2 The Parties shall cooperate with each other in implementing the transition
from the KCERCS to the PSERN System including:
a. moving or removing, or causing/permitting such moving or removing, of
KCERCS equipment to accommodate the installation of PSERN System
equipment;
b. consenting to the use by the County of frequency licenses for use in
the PSERN System during the Implementation Period and until the
licenses are transferred to the PSERN Operator, by:
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(1) executing letters of concurrence allowing the County to be a
co-licensee for those frequencies during the Implementation
Period; and
(2) unlicensing those frequencies used by PSERN; and
c. timely performance of all applicable tasks and responsibilities specified
in the Transition Plan adopted by the Joint Board.
5.5.3 The County will serve as the PSERN System manager and enter into
preliminary agreements with Dispatch Centers and User Agencies establishing
the terms and conditions for their transition to and use of the PSERN System, as
more fully described in Sections 6 and 7.
5.5.4 Through their direct or indirect participation on the KCERCS’s Regional
Communications Board, the Parties agree to take such actions as are necessary
to effect the purposes of this section and any other matter necessary to the
transition from the KCERCS to the PSERN System.
5.6 Decommissioning of KCERCS
It is expected that through the PSERN Project, all KCERCS equipment will be
decommissioned and removed. However, to the extent KCERCS equipment is not
decommissioned and removed due to a decision by the Joint Board or a Party, the
Parties shall be responsible for decommissioning the elements of the KCERCS that they
own or are owned by entities in which they participate.
6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION
6.1 Dispatch Center Equipment
The PSERN Project Budget will fund the purchase of certain PSERN System equipment
that will be installed at Dispatch Centers in King County in a like-for-like exchange of
existing KCERCS-related equipment in order to enable the Dispatch Centers to access
and use the PSERN System. The County shall be the owner of said PSERN System
equipment during the Implementation Period and will transfer ownership to the PSERN
Operator as provided in Section 9.
6.2 Dispatch Center Agreements
As a condition of using said new equipment and the PSERN System, each Dispatch
Center shall be required to enter into a Dispatch Center Agreement with the County or
the PSERN Operator. Neither the County nor the PSERN Operator may deny consoles
or console service to any Dispatch Center that enters into and complies with the
provisions of a Dispatch Center Agreement. The Dispatch Center shall include, among
others terms, the following:
a. a grant by the Dispatch Center to the County and its successors and
assigns for the space, access rights, power, fiber connections, internet
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access and other resources necessary for the County and its contractors
to deliver, store, install, test, operate and maintain PSERN System
equipment;
b. the quantities and types of equipment that will be funded by the
PSERN Project Budget and installed at the Dispatch Center;
c. the schedule and locations for installation and testing of said
equipment and training users;
d. the provision that the County or PSERN Operator, as appropriate, will
provide maintenance, updates, and upgrades to consoles for as long as
they shall remain in service and owned by the County or the PSERN
Operator;
e. the process for repairing/replacing/upgrading equipment;
f. the obligations for the Dispatch Center to pay the user fees and other
costs of connecting to the PSERN System during the Operations Period;
g. the Dispatch Center is responsible for theft, damage or other loss after
delivery of equipment to the Dispatch Center’s facility; and
h. a commitment by the Dispatch Center to execute a novation replacing
the County with the new PSERN Operator for the Operations Period.
If a Party or entity is both a Dispatch Center and a User Agency, the above provisions
may be addressed in a single Dispatch Center/User Agency Agreement.
7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION
7.1 County Purchase of Initial Order of Subscriber Radios
Pursuant to an executed User Agency Agreement as provided in Section 7.4, the County
will purchase initial orders of Subscriber Radios on behalf of all User Agencies.
Ownership of said County-purchased Subscriber Radios will be transferred to the User
Agencies following FSA. User Agencies may enter into “piggyback” contracts with the
PSERN Contractor for the direct purchase of additional Subscriber Radios.
7.2 Project Funding for Certain Subscriber Radios
The PSERN Project Budget will be used to fund the initial order of certain types of
Subscriber Radios and accessories for the User Agencies identified in the List of User
Agencies Eligible for Radio Exchanges, which is attached hereto and made a part hereof
as Exhibit 5. A User Agency listed in Exhibit 5 shall be eligible to receive a Project-
funded Subscriber Radio and a kit of standard accessories in exchange for a trade-in
radio used in the KCERCS, provided that each trade-in radio:
a. was an active radio in the KCERCS zone controller within thirty (30)
days prior to the date of the exchange; and
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b. is an operable radio at the time of the exchange.
The new Subscriber Radio funded by the Project Budget shall be the type of radio as
listed in Exhibit 5 that is the nearest equivalent to the trade-in radio.
7.3 Payments by User Agencies
7.3.1 A User Agency that is listed on Exhibit 5 shall pay the County for the
added costs of any Subscriber Radios, features and accessories that are not
covered by the Project Budget under Section 7.2.
7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full
cost, including taxes, of any Subscriber Radio purchased by the County on its
behalf.
7.3.3 The County shall establish the method and timing of such payments in
advance of placing an order with the PSERN Contractor.
7.4 User Agency Agreements
No User Agency may register or use a radio or other device on PSERN unless it has
entered into a User Agency Agreement with the County or the PSERN Operator.
Neither the County nor the PSERN Operator may deny radios or radio service to any
agency permitted to be licensed in the 800 MHz Public Safety Radio Spectrum pursuant
to 47 C.F.R. Part 90 if that agency enters into and complies with the provisions of a User
Agency Agreement. The User Agency Agreements shall include, among other terms,
the following:
a. the quantities and types of Subscriber Radios that will be funded by
the PSERN Project Budget and the amounts to be paid by the User
Agency;
b. designation of the User Agency’s status (primary or secondary) and
priorities at the talkgroup level;
c. a grant of all space, access rights, power and other resources
necessary for the County and its contractors to deliver, store, install, and
test Subscriber Radios;
d. the schedule and locations for installation and testing of Subscriber
Radios and user training;
e. the central management of encryption keys and the template for
programming User Agency radios;
f. the prohibition with applicable timeframes on a User Agency’s re-sale
or transfer of any Subscriber Radios and the requirements for tracking
and reporting all Subscriber Radios to the County;
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g. the terms for use of the System including acceptable equipment
models and features, protocols, maintenance standards and other
conditions;
h. the process for repairing/replacing Project-funded Subscriber Radios
through the end of the warranty period;
i. the obligations for the User Agency to pay the user fees and other
costs of connecting to the PSERN System during the Operations Period;
j. the User Agency is responsible for theft, damage or other loss after
delivery of equipment to the User Agency’s facility; and
k. a commitment by the User Agency to execute a novation replacing the
County with the new PSERN Operator for the Operations Period.
8.0 PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD
8.1 Funding of Project Budget
The PSERN Project Budget will be funded by proceeds from a County-wide property tax
levy and, as needed, proceeds from bond or other debt instruments issued by the
County. The reimbursement and other payments provided under this Section are
conditioned upon voter-approval of the funding levy and the County Council’s adoption
of an appropriation for the PSERN Project Budget. Except as provided in this
Agreement or by action of the Joint Board, the City of Seattle, the EPSCA Cities, and
ValleyCom Cities shall not be required to reimburse the PSERN Project Budget or the
County for costs incurred during the Implementation Period.
8.2 Elective Contract Change
8.2.1 Any Contract Change determined by the Project Director to be elective,
must be approved in advance by the Joint Board. The Joint Board may approve
the Contract Change either as an Elective Contract Change or if the Joint Board
determines the change is not elective, as a Contract Change. At the time the
Joint Board approves an Elective Contract Change, it shall also approve a
reimbursement allocation for the cost of the Elective Contract Change to be paid
by one or more Parties in the event the Project Budget is insufficient to cover
some or all of the cost of the Elective Contract Change as described in Section
8.2.2 below.
8.2.2 At the end of the Implementation Period, if the PSERN Project Budget is
insufficient to pay the reimbursements and payments provided in this Section 8,
the Parties shall reimburse the PSERN Project Budget for all Elective Contract
Changes according to the allocations approved by the Joint Board, up to the
amount of the budget shortfall beginning with the first adopted Elective Contract
Change and proceeding in chronological order.
8.3 Reimbursement of Planning Phase Costs
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8.3.1 The County shall use the Project Budget to reimburse itself, the City of
Seattle, EPSCA and ValleyCom for the following costs incurred from August 1,
2012, through the start of the Implementation Period:
a. the costs of staff labor hours expended on planning, analysis,
procurement, legal and other PSERN System-related activities; and
b. the costs of technical, financial, consultant, legal and other contractor
services related to the PSERN System.
Reimbursement of labor hours shall be at the applicable hourly, monthly or
annual rate that is used in the normal course when the employee’s time is
charged for other purposes. Reimbursement for contractor services shall be at
the reasonable, actual amount paid by the agency seeking reimbursement.
8.3.2 Requests for reimbursement under this Section 8.2 may be submitted to
the County after the County Council’s adoption of a PSERN Project Budget and
appropriation.
8.3.3 Requests shall be submitted on a form prescribed by the County and be
accompanied by such documentation as the County may require including time
records and invoices.
8.4 Administrative, Election and Financing Costs
The Project Budget shall cover the County’s costs of providing administrative support to
the Joint Board and the election, legal, financing, administration and other costs
associated with the levy and the issuance of any bonds or other debt financing.
8.5 Reimbursement of Implementation Period Costs
8.5.1 The Project Budget shall cover all of the County’s costs incurred during the
Implementation Period including:
a. payments to the PSERN Contractor and other contractors
b. County labor and internal charges
c. rents, fees and other costs related to real property access and
development activities
d. insurance
e. equipment, tools, technology, devices, vehicles and supplies
f. travel
g. training
h. fuel
i. freight
j. utilities
k. security systems and services
l. road maintenance
m. cost of claims, litigation and related legal and other expenses.
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8.5.2 The County shall use the Project Budget to reimburse the City of Seattle,
EPSCA and ValleyCom for the costs of staff labor hours expended during the
Implementation Period on the following PSERN System-related activities:
a. preparation for and participation at Joint Board and technical
committee meetings;
b. witnessing the PSERN Contractor’s factory testing, field testing of
infrastructure and coverage testing; and
c. escorting PSERN Contractor personnel to sites at which the City of
Seattle, EPSCA or ValleyCom have current KCERCS maintenance
responsibilities.
Reimbursement of labor hours shall be at the applicable hourly, monthly or
annual rate that is used in the normal course when the employee’s time is
charged for other purposes. Requests for reimbursement shall be submitted on
a calendar quarter basis following the County Council’s adoption of an
appropriation for the PSERN Project Budget. Failure to submit a request within
sixty (60) days after the end of a calendar quarter shall constitute a waiver of any
reimbursement for cost incurred in said quarter. Requests shall be submitted on
a form prescribed by the County and be accompanied by such documentation as
the County may require including time records and invoices.
8.6 Subscriber Radio Purchases
The Project Budget will be used to fund the initial order of certain types of Subscriber
Radios and accessories as provided in Section 7.
8.7 PSERN Operator’s Start-up Costs
Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall
pay to said PSERN Operator the amount specified in the Project Budget for the new
PSERN Operator’s pre-FSA expenses for start-up activities under Section 9.2 and the
Operations Period ILA.
8.8 System Transition Stabilization Fund
The County shall, within the Project Budget, create a PSERN System Transition
Stabilization Fund in the amount of $ _________, the purpose of which shall be to
reduce and phase in the impact of increased rates on PSERN System User Agencies
and Dispatch Centers. By March 31 of the year prior to the expected date for FSA as
projected by the Project Manager, the Joint Board shall adopt a System Transition
Stabilization Fund plan. The plan may include stabilization funding for some or all User
Agencies and Dispatch Centers whose rate under the PSERN System in the first three
years after FSA will be higher than in 2015 under KCERCS.
9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD
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9.1 Creation of a new PSERN Operator
Not later than one year prior to the expected date for FSA as projected by the Project
Manager, the Parties shall create and establish a non-profit corporation as authorized
under RCW 39.34.030 to own, operate, maintain, manage and upgrade/replace the
PSERN System during the Operations Period.
9.2 Start-up of PSERN Operator
As provided in the Operations Period ILA, the Parties shall cause said new PSERN
Operator to hire an Executive Director and staff, train staff, establish facilities, contract
for goods and services, install systems and undertake all other steps necessary for the
PSERN Operator to be able to accept the transfer of the PSERN System from the
County and be fully responsible for the Operations Period upon issuance of FSA by the
Joint Board.
9.3 Transfer and Novation Agreements
The Parties shall cause the PSERN Operator to enter into agreements with the County
and third parties that effect the following upon FSA and after the County has determined
and notified the Parties that all Implementation Period activities have been completed:
a. transfer all PSERN System-related equipment (other than subscriber
radios as provided in Section 7.0); and
b. the novation of the contract with the PSERN Contractor, the Dispatch
Center and User Agency Agreements and all licenses, leases and other
contracts and agreements related to the PSERN System.
The Parties intend and agree that the PSERN Operator shall be deemed to be the
successor to the County for all PSERN System purposes and shall assume all of the
County’s rights, responsibilities and liabilities under said contracts, licenses, leases and
agreements.
10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER
10.1 Interim Operations
If the transfer of the PSERN System is not completed as provided in Section 9.0 above
and the PSERN Operations Period ILA, then the County may continue to operate and
maintain the PSERN System after FSA.
10.2 Cost Allocation Model
10.2.1 In the event the transfer to a new PSERN Operator has not occurred and
if the County continues to act as the lead for operations and maintenance beyond
FSA, the County will be paid monthly user rates by each Dispatch Center and
User Agency, based on the Cost Allocation Model, until the transfer occurs and
the County has closed out its role and incurs no more costs.
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10.2.2 The Cost Allocation Model shall be applied to an annual Operations
Budget developed by either the County or the PSERN Operator for each
calendar year of Operations after FSA. The Dispatch Center and User Agency
rates shall be recalculated annually to reflect cost changes from January 1
through December 31 of each year, and shall be included in the Operations
Budget, which shall be subject to approval by the Joint Board.
10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate
the share of costs to be billed to the Dispatch Centers and User Agencies in
accordance with the Cost Allocation Model and Operations Budget in the coming
year and transmit that information to each Dispatch Center and User Agency.
10.3 The County shall collect fees in accordance with the Dispatch Center and User
Agency Agreements.
11.0 INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND
RECORDS
11.1 Intellectual Property
The Parties may be provided with products, documents or other deliverables related to
the PSERN System that are the subject of copyright, trade secret and other intellectual
property rights of, or claims of such rights. Each Party agrees that it will exercise any
intellectual property license rights in accordance with the license provisions of the
County Contract and any other applicable licenses so long as the Party has prior notice
of the license requirements.
11.2 Confidential Information
11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential
Information to those employees, contractors or other persons who have a
reasonable business need to know such information; and (b) take all reasonable
care, and not less than the care the Party applies to its own confidential
information, to prevent unauthorized use or disclosure of Confidential
Information. Each Party agrees that it will not use, copy, convey or disclose any
Confidential Information to any other person or entity unless expressly authorized
in writing by the person that provided the Confidential Information or as may be
required by law.
11.2.2 Such care shall include: (a) requiring such employees, contractors or
other persons to sign a nondisclosure agreement; (b) requiring any contractors to
also undertake reasonable protection measures; and (c) promptly enforcing any
violations of such agreements.
11.3 Records.
11.3.1 Each Party shall keep records as required by state law and in
accordance with such policies, procedures and retention schedules as may be
established by the Joint Board. To the extent permitted by law, all records,
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accounts and documents relating to matters covered by this Agreement shall be
subject to inspection, copying, review or audit by the Washington State Auditor or
any Party. Upon reasonable notice, during normal working hours, each Party
shall provide auditors from the Washington State Auditor or the other Parties with
access to its facilities for copying said records at their expense.
11.3.2 Each Party shall be responsible for responding to public disclosure
requests addressed to it in accordance with the Washington Public Records Act,
Chapter 42.56 RCW, and such procedures as may be established by the Joint
Board. If a Party receives a public records request for records related to the
PSERN System, the Party receiving the request shall promptly notify the Project
Director and the Joint Board. Absent agreement by the Parties on other
arrangements, the Party receiving the request shall remain responsible for
responding to the requester. In the event a request for records is addressed to
the Joint Board but specifies records of a single Party, such Party shall assume
responsibility for responding to the request. In the event a request for records is
addressed to the Joint Board but does not specify records of a single Party, the
County shall assume responsibility for coordinating the Parties’ response to the
request.
11.3.3 If the requested records include any Confidential Information, the Party
receiving the request shall promptly notify the Party or other person or entity that
designated the information as Confidential Information. Any Party receiving a
public records request that includes Confidential Information shall not disclose
the Confidential Information for ten (10) business days in order to give the
affected Party or third party the opportunity to take whatever action they deem
necessary to protect their interests before disclosure of the Confidential
Information. A Party receiving a public disclosure request shall not be required to
take any legal action in order to prevent disclosure of Confidential Information,
nor shall a Party incur any liability to any other Party for disclosing Confidential
Information in response to a public disclosure request so long as the disclosing
Party has complied with the provisions of this Section 11.
12.0 FORCE MAJEURE
Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents,
shutdowns for purpose of emergency repairs, strikes and other labor disruptions, and
other industrial, civil or public disturbances that are not reasonably within the control of a
Party causing the Party’s inability to perform an obligation under this Agreement are
“Force Majeure Events.” If any Party is rendered unable, wholly or in part, by a Force
Majeure Event, to perform or comply with any obligation or condition of this Agreement,
such obligation or condition shall be suspended for the time and to the extent reasonably
necessary to allow for performance and compliance and restoration of normal
operations.
13.0 TERMINATION OF AGREEMENT; WITHDRAWAL AND REMOVAL OF
A PARTY
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13.1 Termination of Agreement by Joint Board.
The Joint Board may terminate this Agreement in its entirety by the unanimous
affirmative vote of all voting Representatives.
13.2 Withdrawal of a Party.
13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Joint Board including its reasons therefor, a description
of the probable impacts on the other Parties, a description of the probable
impacts to the scope, schedule and budget of the PSERN Project and a
proposed withdrawal work plan that will identify all necessary actions which need
to be undertaken to effect the withdrawal.
13.2.2 Upon receipt of the above-described notice and information, the Joint
Board will consider the request for withdrawal. The Joint Board may in its sole
discretion approve a Party’s request to withdraw from this Agreement and
establish any terms and conditions for approval. Approval requires a unanimous
vote of all voting Representatives on the Joint Board.
13.2.3 A Party that is permitted to withdraw shall remain responsible for any
obligations that arose prior to the effective date of the withdrawal and for any that
are specified under Section 15.14 as surviving a withdrawal. A withdrawing Party
shall be solely liable for any actual costs to the other Parties arising out of or
resulting from the withdrawal. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prior to the effective date of the
withdrawal or, if such amounts are not yet established, then within thirty (30)
days after the amount is established.
14.0 LEGAL RELATIONS
14.1 Independent Contractors and No Third Party Beneficiaries
14.1.1 Each party to this Agreement is an independent contractor with respect to
the subject matter herein. No joint venture or partnership is formed as a result of
this Agreement.
14.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker’s compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party’s
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
14.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties, ValleyCom and EPSCA and gives no right to any other person or
entity.
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14.2 Claims Arising from the Joint Board’s Acts or Omissions
The Parties agree to share the cost, including the costs of defense, in the event of any
claim, lawsuit, demand, judgment, award or liability of any kind against the Joint Board,
any Party, ValleyCom or EPSCA and their respective officials and employees
(“Claim(s)”) arising out of, or in any way resulting from: (a) a Joint Board action or failure
to act; or (b) the County’s acts or omissions arising from a Joint Board action or failure to
act. The Parties agree to share the costs arising from such a Claim(s), including the
costs of defense in the following percentages:
a. King County shall be liable for 25%;
b. City of Seattle shall be liable for 25%;
c. the EPSCA Cities shall be jointly and severally liable for 25%; and
d. the ValleyCom Cities shall be jointly and severally liable for 25%
The Parties agree to cooperate with each other as necessary in responding to and
defending against all such Claims, which may include developing a joint defense plan.
14.3 Other Claims
Except for a Claim covered by Section 14.2, each Party to this Agreement shall protect,
defend, indemnify, and save harmless the other Parties and their respective officials and
employees, from any and all Claims, arising out of, or in any way resulting from, the
indemnifying Party’s negligent acts or omissions. No Party will be required to indemnify,
defend, or save harmless any other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of another Party. Where such claims, suits,
or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party’s own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
14.4 Waiver of Consequential and Certain Other Damages
ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH
LOSSES OR DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST
EPSCA, VALLEYCOM, THE OTHER PARTIES, AND THEIR RESPECTIVE OFFICALS
AND EMPLOYEES FOR ANY: COMMERCIAL LOSS; INCONVENIENCE; LOSS OF
USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY
RELATED TO OR ARISING FROM THIS AGREEMENT, PROVIDED THAT THIS
SECTION SHALL ONLY APPLY TO CLAIMS BETWEEN AND AMONG THE PARTIES,
EPSCA AND VALLEYCOM, AND SHALL NOT BE INTERPRETED TO LIMIT ANY
CLAIMS BROUGHT PURSUANT TO SECTION 14.3.
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14.5 In the event that any of the Parties or combination of the Parties incurs any
judgment, award, and/or cost arising therefrom, including attorney fees, to enforce the
provisions of this Section 14, all such fees, expenses, and costs shall be recoverable
from the responsible Party or combination of the Parties to the extent of that
Party’s/those Parties’ culpability.
14.6 The provisions of this Section 14 shall survive the expiration or termination of this
Agreement.
15.0 GENERAL
15.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder’s Office or, alternatively, listed by subject on a Party’s
web site or other electronically retrievable public source.
15.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other Parties
or any one of them shall have the right to bring an action for specific performance,
damages and any other remedies available under this Agreement, at law or in equity.
15.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
15.5 Parties Not Relieved of Statutory Obligations
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Joint Board, the performance may be offered in
satisfaction of the obligation or responsibility.
15.6 Nondiscrimination
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The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Joint Board.
15.8 Dispute Resolution
If one or more Parties believes another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation in accordance with the process provided in Section 4.5. If the Parties submit
the matter to mediation and the matter is not resolved, then the aggrieved Party shall be
entitled to pursue any legal remedy available.
15.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the Parties
declare and represent that no promise, inducement, or other agreement not expressly
contained in this Agreement has been made conferring any benefit upon them.
15.10 Amendment Only In Writing
This Agreement may be amended by action of the Joint Board in accordance with
Section 4.4.1.
15.11 Notices
15.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Chair of the Joint Board, the Project Director and to each
Party’s Representative. Any notice may be given by certified mail, overnight
delivery, facsimile telegram, or personal delivery. Notice is deemed given when
delivered. Email may be used for notice that does not allege a breach or dispute
under this Agreement.
15.11.2 The names and contact information set forth in Contact Information,
attached hereto and made a part hereof as Exhibit 6, shall apply until amended
in writing by a Party providing new contact information to each other Party.
15.12 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
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15.13 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.14 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal from this Agreement.
Section 11 Intellectual Property, Confidential Information and Records
Section 14 Legal Relations
Section 15.12 Choice of Law; Venue
Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall
survive a Party’s withdrawal from this Agreement.
15.15 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names in the spaces provided below.
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PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (ILA) is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County and the
cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island,
Redmond, Renton, Seattle, and Tukwila, each a political subdivision or municipal
corporation of the State of Washington (individually, a "Party") and, (collectively, the
"Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King
County Emergency Radio Communications System (KCERCS), a voice radio system
that is nearly twenty years old and is increasingly unsupported by the supplier of the
system’s equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications. Said new system is referred to herein as the “Puget
Sound Emergency Radio Network System” or “PSERN System.”
C. The costs of implementing the PSERN System will be financed by a voter
approved funding measure.
D. The Parties have negotiated a separate agreement (“Implementation Period
ILA”) that designates King County to act as the lead agency for planning, procurement,
financing and implementation of the PSERN System with the oversight of a Joint Board
established pursuant to the Implementation Period ILA.
E. When the Implementation Period ILA has achieved its purpose, the Parties
will create a new non-profit entity, formed under Chapter 24.06 RCW, to assume the
ownership and control of the PSERN System following Full System Acceptance. This
new entity, also referred to in the Implementation Period ILA and herein as the “PSERN
Operator”, is to be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to establish the terms under which the
Parties will form the new non-profit entity and undertake the ownership, operations,
maintenance, management and on-going upgrading/replacing of the PSERN System.
NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
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1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all current and future
statutory or regulatory provisions consolidating, amending or replacing the
statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation”.
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by the County, the due date
shall be deemed to be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry
meanings are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for
convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
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construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the
following terms are defined for this Agreement as follows:
“Board of Directors” or “Board” means the board formed by the Parties to govern
the PSERN Operator.
“AGREEMENT " means this lnterlocal Cooperation Agreement.
“BUDGET" means the budget approved by the Board of Directors to pay for the
anticipated costs of operating and maintaining the PSERN System.
“CONSOLIDATED SERVICE AREA” means those geographic areas of King
County, Pierce County and Snohomish County, Washington, previously served
by the emergency radio networks of King County, the City of Seattle, the
Eastside Public Safety Communications Agency (EPSCA) and the Valley
Communications Agency (ValleyCom), and which areas are to be prospectively
served by the PSERN System. The Consolidated Service Area shall also include
those other geographic areas that are added to the area served by the PSERN
System as expanded in accordance with action of the Board of Directors.
“COUNTY " means King County, Washington.
“EXECUTIVE DIRECTOR " means the individual selected by the Board of
Directors to administer the PSERN Operator on a daily basis.
“FULL SYSTEM ACCEPTANCE " or "FSA" means the determination issued to
the PSERN System Contractor upon satisfactorily completing the final system
development phase milestone pursuant to Contract No.
_________________________________.
"KCERS" means the King County Emergency Radio Communication System.
“OPERATIONS PERIOD" means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
“PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR " or "PSERN
Operator" means the non-profit corporation created pursuant to this Agreement
and the Implementation Period ILA to be incorporated in Washington State for
the purpose of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period.
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“PUGET SOUND EMERGENCY RADIO NETWORK SYSTEM" or "PSERN
System" means the land mobile radio system constructed under the
Implementation Period ILA. It also means all equipment, software, and other
work deployed to provide public safety communication service(s) or an addition
to an existing infrastructure to provide new or additional public safety
communication service(s). “System” means an infrastructure that is deployed to
provide public safety communication service(s) or an addition to an existing
infrastructure to provide new or additional public safety communication
service(s).
“SERVICE RATE” means the rate or rates charged to User Agencies in
accordance with the Rate Model appended hereto, or as it may be amended by
action of the Board of Directors.
“SERVICES" means voice, data, video, or other services communication
provided to User Agencies.
“USER AGENCY " means an entity that is authorized under a User Agency
Agreement to use the PSERN System.
“USER AGENCY AGREEMENT" means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the PSERN
System.
2.0 DURATION OF AGREEMENT
2.1 Effective Date and Conditions
Except as provided herein, this Agreement shall be in effect on the date it is last signed
by an authorized representative of each the Parties, and shall remain in effect until
terminated as provided in Section 7. However, Sections 4, 5, and 6 of this Agreement
shall not be effective until the date the articles of incorporation for the PSERN Operator
are filed with the Washington Secretary of State pursuant to Chapter 24.06 RCW.
3.0 PURPOSE OF THE AGREEMENT
Following completion of the Implementation Period ILA and Full System Acceptance,
the purpose of this Agreement is to provide communication services to public safety
users and any other agencies permitted to be licensed in the 800 MHz Public Safety
Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within the boundaries of the
Consolidated Service Area. To effectuate this purpose, the Parties authorize
establishment of a non-profit entity pursuant to Chapter 24.06 RCW, which entity shall
be known as the PSERN Operator, initially consisting of King County, and the cities of
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Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond,
Renton, Seattle and Tukwila.
4.0 BOARD OF DIRECTORS
4.1 Creation of Board of Directors
The affairs of the PSERN Operator shall be governed by a Board of Directors that is
hereby created pursuant to RCW 39.34.030(4) that shall act on behalf of all Parties and
as may be in the best interests of PSERN. The Board of Directors is not a separate
legal or administrative entity within the meaning of RCW 39.34.030(3).
4.2 Composition of the Board of Directors
The Board of Directors shall be composed of four voting members: one member from
King County, one member from the City of Seattle, one member representing the cities
of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, and one member
representing the cities of Auburn, Federal Way, Kent, Renton and Tukwila. Each such
member shall be the Chief Executive Officer of the political subdivision or municipal
corporation from which the representative comes, or his/her designee. The Board of
Directors Chair shall be elected from among its members. The Board of Directors shall
also elect a Vice Chair from among its members to serve in the absence of the Chair.
Each of the Parties shall provide written notice of their initial Board of Directors member
to the Chair of the Joint Board established under the Implementation Period ILA.
Thereafter, notice of a change to a Party’s Board of Directors member shall be effective
upon delivery of written notice by the Party to the Chair of the Board of Directors.
4.2.1 The Board of Directors shall also include two nonvoting members to
comment and participate in discussion but who are not entitled to vote on any
matter and who are selected by the voting members: one member from the law
enforcement public safety profession and one member from the fire or
emergency medical services public safety profession. Each such member shall
be the Chief or his/her designee. These members shall not be employees of one
of the Parties.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be a majority of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of at least three Board members.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three members find either that there
is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, Users, or the
PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors.
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4.2.2 The Board of Directors shall establish by-laws and procedures for its
operations and meetings including the establishing of a regular meeting schedule
and location and providing for the scheduling of special and emergency
meetings.
4.2.3 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process.
4.2.4 Board members must be present at a meeting to vote and may not vote by
proxy, provided that if approved by the Board, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.2.5 Monthly meetings of the Board of Directors shall be scheduled provided
that there shall be a minimum of two (2) meetings held each year. Other
meetings may be held upon request of the Chair or any two members.
4.2.6 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
4.2.7 A designee attending Board of Directors meetings on behalf of a regular
member of the Board shall be entitled to exercise all rights of the member to
participate in such meetings, including participating in discussion, making
motions, and voting on matters coming before the Board.
4.3 Board of Directors Actions
4.3.1 The Board of Directors shall oversee the operation and maintenance of the
PSERN Operator. In furtherance of that oversight, the Parties confer upon the
Board of Directors the broadest power and authority provided to King County and
each member city consistent with the Washington Constitution to achieve the
purpose of this Agreement. Any specific enumeration of municipal power
contained in this Agreement or in any other applicable general law shall not be
construed in any way to limit the general description of power contained in this
Agreement, and any specifically enumerated powers shall be construed as in
addition and supplementary to the powers conferred in general terms through
this Agreement. All grants of municipal power to the municipalities electing to
exercise authority under the provisions of this Agreement, whether the grant is in
specific terms or in general terms, shall be liberally construed in favor of the grant
of powers given by the municipalities that are Parties to this Agreement. By way
of example, some of those powers include:
a. Amend this Agreement, subject to Section 11.10;
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b. Establish committees and advisory groups to perform activities related
to the PSERN System;
c. Adopt and amend budgets and approve expenditures.
d. Adopt and amend policies and bylaws for the administration and
regulation of the PSERN Operator;
e. Approve contracts within the parameters of the established
purchasing and contracting policies;
f. Direct and supervise the activities of the Operating Board and the
Executive Director;
g. Hire, set the compensation for, and terminate the employment of the
Executive Director. The Board shall evaluate the Executive Director's
performance and give the Executive Director a written evaluation of his or
her performance at least annually;
h. Establish a fund or special fund or funds as authorized by RCW
39.34.030;
i. Establish Services Rates and terms of use for User Agencies;
j. Conduct regular and special meetings;
k. Approve PSERN operation and maintenance standards;
l. Determine the services the PSERN Operator shall offer and the terms
under which they will be offered;
m. Approve agreements with third parties;
n. Incur debt in the name of the PSERN Operator to make purchases or
contracts for services to implement the purposes of this Agreement;
o. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the PSERN Operator;
p. Sell, convey, mortgage, pledge, lease, exchange, transfer, and
otherwise dispose of all of its property and assets;
q. Sue and be sued, complain and defend, in all court of competent
jurisdiction;
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r. Hold licenses for radio frequencies;
s. Recommend action to the legislative bodies of the Parties and User
Agencies;
t. Delegate the Board of Directors' authority under this Agreement
subject to such limitations and conditions as the Board of Directors may
establish.
u. Enter into agreements with other agencies to accomplish tasks for the
PSERN Operator such as agreements regarding procurement, employee
benefits, and property leasing;
v. Exercise any powers necessary to further the goals and purposes of
this Agreement that are consistent with the powers of the Parties; and
w. Add parties to this Agreement and concurrently amend the
membership and voting structure of the Board of Directors.
5.0 OPERATING BOARD
Creation of Operating Board
An Operating Board of radio users will be created by the Board of Directors for the
purposes of providing advice and other duties as deemed appropriate by the Board of
Directors.
6.0 EXECUTIVE DIRECTOR
The Executive Director shall report to the Board of Directors and shall advise it from
time to time on matters related to the operation and functions of the PSERN System
and the PSERN Operator, including proposed budgets, financial and liability issues, and
other appropriate matters related to the PSERN System and the PSERN Operator. The
Director may also request assistance from the Operating Board to address tasks calling
for technical and user-related expertise.
6.1 Executive Director Duties
6.1.1 The Executive Director shall:
a. Schedule and manage the PSERN Operator’s day-to-day activities in
consistent with the policies, procedures, and standards adopted by the
Board of Directors;
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b. Hire, evaluate at least annually, and terminate staff in compliance with
the PSERN Operator’s budget;
c. Propose and administer Annual Budgets including its contingency;
d. Approve expenditures and sign contracts in amounts up to $100,000
that are included in the budget without additional approval of the Board
of Directors;
e. Track the performance of PSERN systems and services;
f. Provide support to the Board of Directors;
g. Recommend policies, procedures, and standards, including changes to
these policies, procedures, and standards;
h. Provide written monthly reports to the Board of Directors describing the
PSERN Operator’s budget status, system performance against targets,
partial or full system outages, purchases equal to or greater than
$10,000, and usage statistics;
i. Maintain and manage records in accordance with the state Public
Records Act (Ch. 42.56 RCW) and other applicable state and federal
laws and regulations; and
j. Perform other duties as assigned.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience in the technical, financial and
administrative fields of public safety radio and his or her appointment shall be on the
basis of merit only. The Executive Director is an “at will” position that may not be
modified by any PSERN Agency policy, rule, or regulation regarding discipline or
termination of PSERN Agency employees, and accordingly, the Executive Director may
be terminated from his or her position upon majority vote of the Board of Directors.
7.0 WITHDRAWAL AND REMOVAL
7.1 Withdrawal of a Party.
6.1.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Board before January 1st of the year prior to the year
the withdrawal will be effective. The Party's withdrawal shall become effective on
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the last day of the year following delivery and service of appropriate notice to all
other Parties.
6.1.2 A Party that withdraws shall remain responsible for any obligations that
arose prior to the effective date of the withdrawal and for any that are specified
under Section __________[???] as surviving a withdrawal. A withdrawing Party
shall be solely liable for any actual costs to the other Parties arising out of or
resulting from the withdrawal. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prior to the effective date of the
withdrawal or, if such amounts are not then established, then within thirty (30)
days after the amount is established.
6.1.3 If Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real or personal property, or any
rights to participate in the PSERN Operator, unless otherwise provided by the
Board of Directors.
7.2 Removal of a Party.
The Board of Directors may, for cause, remove a Party from this Agreement and
terminate the Party's rights to participate in PSERN. Cause may include, but is not
limited to, failure to act in good faith in participating in the Board of Directors and willful,
arbitrary failure to approve and appropriate funds necessary to pay the Party's share of
the costs under this Agreement. If a Party brings a charge against another Party under
this Subsection, neither the Party bringing the charge nor the Party against which the
charge is brought shall have any voting rights on the issues raised before the Board of
Directors. To remove a Party under this Subsection, there shall be a unanimous vote in
support of removal by all voting Board Members. A Party that is removed under this
Section shall pay such costs as may be assessed by the Board of Directors taking into
account all costs to the other Parties caused by, arising out of or resulting from such
removal.
8.0 DISSOLUTION AND TERMINATION
Three (3) or more Parties may, at any one time, by written notice provided to all Parties,
call for a complete dissolution of the PSERN Operator and termination of this
Agreement. Upon an affirmative majority vote by the Board of Directors and an
affirmative majority vote of the legislative bodies of each of the Parties for such
dissolution and termination, the Board of Directors shall establish a task force to
determine how the PSERN System assets, liabilities and properties will be divided upon
dissolution. Final approval of the disposition of the PSERN System assets shall require
an affirmative majority vote by the Board of Directors. Upon an affirmative majority vote
by the Board of Directors and upon an affirmative majority vote of the legislative bodies
of each of the Parties, the PSERN Operator shall be directed to wind up business, and
a date will be set for final termination, which shall be at least one (1) year from the date
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of the vote to dissolve and terminate this Agreement. Upon the final termination date,
this Agreement shall be fully terminated.
9.0 LEGAL RELATIONS
9.1 Employees and No Third Party Beneficiaries
9.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party's
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
9.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
9.2 Indemnification.
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all Claims,
arising out of, or in any way resulting from, the indemnifying Party's negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of another Party. Where such claims, suits,
or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party's own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. Any loss or liability resulting from the negligent
acts, errors, or omissions of the Board of Directors, Operating Board, Executive Director
and/or staff, while acting within the scope of their authority under this Agreement, shall
be borne by the PSERN Operator exclusively. The provisions of this Section shall
survive the termination, expiration or withdrawal from of this Agreement.
10.0 PUBLIC RECORDS
10.1 Records Keeping Responsibilities.
10.1.1 The Executive Director shall keep records related to the PSERN System
and PSERN Operator as required by state law and in accordance with the
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policies, procedures and retention schedules as may be established by the
Administrative Board.
10.1.2 Each Party shall keep records related to the PSERN System and PSERN
Operator as required by state law and in accordance with such the policies,
procedures and retention schedules as may be established by the Party, and
each Party shall be responsible for responding to public disclosure requests
addressed to it in accordance with the Washington Public Records Act, Chapter
42.56 RCW, and such procedures as may be established by the Party.
10.1.3 The Executive Director shall be responsible for responding to public
disclosure requests addressed to the PSERN Operator in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as
may be established by the Administration Board.
10.1.4 If a Party or the PSERN Operator or the Executive Director receives a
public records request for records related to the PSERN System or the PSERN
Operator, the recipient of that request shall promptly notify the other parties to
this Agreement, Chair of the Administration Board and the Executive Director.
10.1.5 Absent agreement by the Parties or other arrangements, the recipient of
that request shall remain responsible for responding to the requester. In the
event a request for records is addressed to the PSERN Operator, the Executive
Director or the Board of Directors but specifies records of a single Party, such
Party shall assume responsibility for responding to the request. In the event a
request for records is addressed to the Board of Directors but does not specify
records of a single Party, PSERN shall assume responsibility for coordinating the
Parties' response to the request.
11.0 GENERAL
11.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
11.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
11.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
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performance, damages and any other remedies available under this Agreement, at law
or in equity.
11.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
11.5 Parties Not Relieved of Statutory Obligation
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered
in satisfaction of the obligation or responsibility.
11.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
11.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Administration Board.
11.8 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation. In any event, if the matter is not resolved, then any Party shall be entitled to
pursue any legal remedy available.
11.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
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expressly contained in this Agreement has been made conferring any benefit upon
them.
11.10 Amendment Only In Writing
This Agreement may be amended by an affirmative majority vote the Board of Directors
and unanimity of the Parties.
11.11 Notices
11.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Parties' as listed below. Any notice may be given by certified
mail, overnight delivery, or personal delivery. Notice is deemed given when
delivered. Email, acknowledgement requested, may be used for notice that does
not allege a breach or dispute under this Agreement. Email notice is deemed
given when the recipient acknowledges receipt.
11.11.2 The names and contact information set forth in this Agreement shall
apply until amended in writing by a Party providing new contact information to
each other Party and the date the amendment is effective.
11.12 Conflicts
In the event that any conflict exists between this Agreement and any exhibits hereto, the
Agreement shall control.
11.13 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
11.14 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
11.15 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
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Section 8 Legal Relations
Section 10 Public Records
Section 11.13 Choice of Law; Venue
11.16 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
11.17 Execution and Effective Date.
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such
Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
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Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
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________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
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________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
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________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
P:\Civil\Files\Open Files\0247-ValleyComGeneral\2014 10-18 DRAFT PSERN Agency Creation ILA -BRUBAKER EDITS.docx
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY AND THE CITIES OF AUBURN, BELLEVUE, FEDERAL WAY,
ISSAQUAH, KENT, KIRKLAND, MERCER ISLAND, REDMOND, SEATTLE, AND
TUKWILA REGARDING THE IMPLEMENTATION OF THE PUGET SOUND
EMERGENCY RADIO NETWORK.
WHEREAS, the City and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Seattle, and Tukwila (the “Cities”) and King County (the
“County”) are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
government cooperative agreement; and
WHEREAS, the current public safety radio system is multi‐headed. The south end cities
work with Valley Communications Center (“Valley Com”). The East side cities work with the
Eastside Public Safety Communications Agency (“EPSCA”). Seattle has its own self‐contained
system (which does not interact with other systems), and the County has its system, which does
interact with Valley Com and EPSCA; and
WHEREAS, the hardware currently in use is outdated; and
WHEREAS, it is unknown how long the current system will operate; and
WHEREAS, to respond to the need to modernize the emergency radio system, the
County and the Cities have been working on a plan to implement a change over to a new
system and create a new legal entity to operate the new system. The plan would involve the
cooperation of all of these jurisdictions; and
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RESOLUTION NO. _______
2
WHEREAS, the proposal involves the creation of a new radio system called the Puget
Sound Emergency Radio Network or PSERN; and
WHEREAS, it is in the best interests of the residents of the City of Renton to construct
and implement a new emergency radio system;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with the Cities and the County regarding the implementation of the Puget
Sound Emergency Radio Network, which shall be substantially similar to the form attached
hereto as Exhibit A.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2014.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2014.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Lawrence J. Warren, City Attorney
RES.1651:11/4/14:scr
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RESOLUTION NO. _______
EXHIBIT A ‐ 1
EXHIBIT A
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
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RESOLUTION NO. _______
EXHIBIT A ‐ 2
TABLE OF CONTENTS
1.0 Rules of Construction and Definitions ...................................................... 4
2.0 Duration of Agreement ............................................................................ 7
3.0 The Parties’ Responsibilities ................................................................... 7
4.0 Joint Board .............................................................................................. 8
5.0 PSERN System Implementation ............................................................ 12
6.0 Dispatch Center Equipment Implementation ......................................... 15
7.0 Subscriber Radio Equipment Implementation........................................ 16
8.0 PSERN Project Budget for Implementation Period ................................ 18
9.0 Transfer of System for Operations Period ............................................. 20
10.0 Operations and Maintenance Pending Transfer .................................... 20
11.0 Intellectual Property, Confidential Information and Records .................. 21
12.0 Force Majeure ....................................................................................... 22
13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party22
14.0 Legal Relations ...................................................................................... 23
15.0 General .................................................................................................. 25
EXHIBITS
Ex. 1 Contracting Plan
Ex. 2 List of Party Owned/Controlled Sites
Ex. 3 List of Frequencies
Ex. 4 Cost Allocation Model
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EXHIBIT A ‐ 3
Ex. 5 List of User Agencies Eligible for Radio Exchanges
Ex. 6 Contact Information
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RESOLUTION NO. _______
EXHIBIT A ‐ 4
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (“Agreement”) is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County (“County”)
and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer
Island, Redmond, Renton, Seattle and Tukwila, each a political subdivision of the State
of Washington (individually, a “Party,” and collectively, the “Parties”).
RECITALS
A. The Parties, under various interlocal agreements, are responsible for the ownership,
operations and maintenance of various elements in the current King County Emergency
Radio Communications System (KCERCS), a voice radio system that is nearly twenty
years old and is increasingly unsupported by the supplier of the system’s equipment,
software and repairs.
B. The Parties have determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications at a cost-effective price. Said new system is referred
to herein as the “Puget Sound Emergency Radio Network System” or “PSERN System.”
C. The Parties seek to finance the costs of implementing the PSERN System by a
funding measure to be placed on the ballot by the King County Council for consideration
by the qualified electorate in King County.
D. The Parties desire that the County act as the lead agency for planning, procurement,
financing and implementation of the PSERN System and that a new non-profit entity will
be formed to assume the ownership and control of the PSERN System following Full
System Acceptance.
E. The purpose of this Agreement is to establish the terms under which the Parties will
undertake the planning, financing, procurement, site acquisition and development,
equipment installation, and other activities necessary to implement the PSERN System.
F. Concurrent with this Agreement, the Parties have entered into a second interlocal
cooperation agreement, referred to herein as the “PSERN Operations ILA,” to establish
the terms under which the Parties will create a new entity, referred to herein as the
“PSERN Operator”, to be responsible for the ownership, operations, maintenance, and
on-going upgrading/replacing of the PSERN System during its anticipated useful life.
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RESOLUTION NO. _______
EXHIBIT A ‐ 5
TERMS AND CONDITIONS OF AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein and other valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to the above Recitals and the following terms and
conditions.
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall also mean
and include the plural (and vice versa), and the masculine gender shall also mean and
include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all statutory or regulatory
provisions consolidating, amending or replacing the statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices are to this
Agreement and references to articles or sections followed by a number shall be deemed
to include all subarticles, subsections, subclauses, subparagraphs and other divisions
bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be followed by
the words “without limitation”.
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the specific
provision within which such words appear but shall refer to the entire Agreement taken
as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals, political
subdivisions, governmental agencies, associations, firms, companies, corporations,
partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to be
“Business Days.” If the due date for a task, payment, or any other requirement falls on a
Saturday, Sunday or holiday observed by the County, the due date shall be deemed to
be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry meanings
are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for convenience of
reference only and in no way define, limit, or otherwise describe the scope or intent of
this Agreement, or any provision hereof, or in any way affect the interpretation of this
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RESOLUTION NO. _______
EXHIBIT A ‐ 6
Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the following
terms are defined for this Agreement as follows:
1.2.1 Agreement means this Puget Sound Emergency Radio Network
Implementation Period Interlocal Cooperation Agreement.
1.2.2 Alternate means a person appointed to serve in the absence of a Joint Board
Representative.
1.2.3 Appointing Party(ies) means the City of Seattle, the EPSCA Cities, the ValleyCom
Cities and King County.
1.2.4 Confidential Information means any information in written, graphic, verbal
or machine-recognizable form that: (a) is related to PSERN; (b) is provided to a
Party by another Party, the PSERN Contractor or another person or entity; and
(c) is marked or identified as “confidential”, “proprietary,” “trade secret” or similar
designation.
1.2.5 Cost Allocation Model means the method used for determining the user
rates applicable to Dispatch Centers and User Agencies for fees they will pay to
either the County or the PSERN Operator during the Operations Period.
1.2.6 County means King County, Washington.
1.2.7 Dispatch Center means a facility or an entity that uses PSERN to dispatch users
of Subscriber Radios.
1.2.8 EPSCA means the Eastside Public Safety Communications Agency.
1.2.9 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer
Island and Redmond, Washington.
1.2.10 Full System Acceptance (FSA) means the determination issued to the
PSERN Contractor upon satisfactorily completing the final system development
phase milestone.
1.2.11 Implementation Period means that period of time from the effective date
of this Agreement through and until the beginning of the first full month after
issuance of FSA.
1.2.12 Joint Board means the board formed by the Parties under this Agreement.
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EXHIBIT A ‐ 7
1.2.13 KCERCS means the existing King County Emergency Radio
Communication System.
1.2.14 NAC means a notice of apparent completion issued under the contract
with the PSERN Contractor.
1.2.15 Operations Budget means the budget funded by fees from Dispatch
Centers and User Agencies to pay for the costs of operating, maintaining and
upgrading PSERN after FSA.
1.2.16 Operations Period means the period that commences with the first full
month after FSA.
1.2.17 Party means a signatory to this Agreement and excludes a signatory that
withdraws from this Agreement.
1.2.18 Project (or PSERN Project) means all authorized activities relating to the
planning, analysis, design, development, acquisition, site development, installation,
testing, training, and operation of the PSERN System until FSA, starting-up a new
PSERN Operator, transferring the PSERN System to same and any decommissioning,
contract close-out and other project completion activities.
1.2.19 Project Budget means the budget approved by the Joint Board to spend
the funds the County Council has appropriated to carry out PSERN Project
activities. 1.2.20 Project Fund means the funds held by the County to fund the
Project Budget including proceeds from the County-wide levy and proceeds from
any bond or debt instruments.
1.2.21 Project Director means the County employee assigned to lead Project
activities.
1.2.22 PSERN means the Puget Sound Emergency Radio Network.
1.2.23 PSERN Contractor means the prime contractor under County Contract
#________ (or the County Contract) that is responsible, among other things, for
supplying the PSERN System’s equipment and software.
1.2.24 PSERN Operations Period ILA (or Operations Period ILA) means the interlocal
cooperation agreement entered into by the Parties concurrent with this Agreement to
establish the terms under which the Parties will create a new PSERN Operator to own,
operate, maintain, manage and upgrade/replace the PSERN System during the
Operations Period.
1.2.25 PSERN Operator means the new entity formed pursuant to the PSERN
Operations Period ILA.
1.2.26 PSERN Project (see “Project”).
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1.2.27 Representative means a person appointed by an Appointing Party(ies) to
serve on the Joint Board.
1.2.28 Subscriber Radio means an end user radio and includes a mobile
(vehicular) and portable (handheld) radio which has been authorized and
programmed to operate on the System.
1.2.29 System means all the elements constituting the PSERN System,
excluding Subscriber Radios unless the context indicates inclusion.
1.2.30 User Agency means an entity that uses the PSERN System for its
employees’ radio communications.
1.2.31 User Agency Agreement means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the System.
1.2.32 ValleyCom means the Valley Communications Center.
1.2.33 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent,
Renton, and Tukwila, Washington.
2.0 DURATION OF AGREEMENT
2.1 This Agreement shall take effect on the date when last signed by an authorized
representative of each Party.
2.2 Unless extended by written amendment as provided in Section 15.10 or
terminated earlier as provided in Section 13, this Agreement shall expire upon the
issuance of FSA and the County’s written notice to the other Parties that all Project
activities have been completed.
2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter
approved measure prior to January 1, 2018, this Agreement shall terminate on January
1, 2018 unless extended by agreement of the Parties.
3.0 THE PARTIES’ RESPONSIBILITIES
3.1 Appointing Representatives to Joint Board
The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as
provided under Section 4.
3.2 Use of Land and Improvements
To the extent provided in Section 5.3, each Party agrees to make land and
improvements available for PSERN System use.
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EXHIBIT A ‐ 9
3.3 Use of Licensed Spectrum
To the extent provided in Section 5.4, each Party agrees to make licensed spectrum
under its direct or indirect control available for PSERN System use.
3.4 Cooperation on PSERN System Activities
Each Party understands and agrees that it is essential to public safety, within its
jurisdiction and throughout King County, that the PSERN System be implemented
without delay. In support of that objective, each Party agrees to cooperate in good faith
with each other in all activities related to the PSERN System’s implementation,
operation and maintenance, which cooperation shall include: promptly responding to
requests for information among the Parties; exercising best efforts to expedite the
processing and execution of any requested reviews, inspections, approvals, permits,
leases and agreements; and timely performing any construction, installation, testing and
maintenance activities related to the PSERN System.
3.5 Other Responsibilities
The Parties shall be responsible for such other activities and obligations as are
specified herein or arise from a Joint Board action.
4.0 JOINT BOARD
4.1 Creation of Joint Board
By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW
39.34.030(4). The Joint Board is not a separate legal or administrative entity within the
meaning of RCW 39.34.030(3). The Joint Board shall oversee the activities of the
Parties in connection with the PSERN System as provided in this Agreement. The Joint
Board shall act on behalf of all Parties and as may be in the best interests of the
PSERN Project. The Joint Board is not authorized to enter into contracts, own assets, or
hire employees.
4.2 Joint Board Representatives
4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed
as follows by the Parties, or groups of Parties:
a. City of Seattle: one (1) Representative and one (1) Alternate.
b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond
collectively: one (1) Representative and one (1) Alternate.
c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively:
one (1) Representative and one (1) Alternate.
d. King County: one (1) Representative and one (1) Alternate.
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4.2.2 The non-voting Chair of the Joint Board shall be the Deputy County
Executive or his/her designee. The Chair or designee shall conduct the Joint
Board’s meetings and supervise the administrative activities related to meetings
including scheduling, preparing the agendas, providing reports and other
information materials to the Representatives and creating records of Joint Board
actions.
4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of
a fire agency to serve as non-voting participants on the Joint Board, provided
they are from agencies within King County.
4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the
EPSCA Cities, and the Mayors of the ValleyCom Cities shall each provide to the
Joint Board’s Chair a written notice identifying the names of a primary
Representative and an alternative Representative (Alternate) who are authorized
to speak, vote and otherwise act on behalf of their respective Appointing Party or
group of Parties. Such notices shall include the name(s), contact information and
effective date(s) of the appointments.
4.2.5 An Alternate may only speak and vote on behalf of his/her Appointing
Party(ies) if: (a) the Chair has received written notice of the Alternate’s
appointment; and (b) the primary Representative is absent from the meeting.
References in this Agreement to a “Representative” shall include an Alternate
who has been appointed in accordance with this Agreement and is acting in the
absence of the primary Representative.
4.2.6 The Appointing Party or group of Parties shall promptly replace any
vacancy in its positions of Representative and Alternate and may, at any time,
replace its Representative or Alternate by giving the Chair of the Joint Board
written notice of the change including: the name(s), contact information and
effective date(s) of the replacement(s).
4.2.7 Each Representative and each Alternate shall be an employee of his/her
Appointing Party(ies), ValleyCom or EPSCA. No Representative or Alternate
shall be deemed to be an employee of, or entitled to compensation from, any
Party other than his/her Appointing Party.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Joint Board shall be all four (4) voting
Representatives and the Chair or his/her designee.
4.3.2 The Joint Board shall establish procedures for its operations and meetings,
including the establishing of a regular monthly meeting schedule and location
and providing for the scheduling of special and emergency meetings. To the
extent allowed by Washington law, the Joint Board may establish procedures for
conducting meetings by telephonic or other electronic means provided that all
Representatives and members of the public are able to hear each other during
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EXHIBIT A ‐ 11
the meeting. If such procedures are established by the Joint Board, any
Representative participating in a meeting by such means is deemed to be
present at the meeting for all purposes including establishing a quorum.
4.3.3 The Joint Board shall take action by the unanimous vote of all four (4)
voting Representatives.
4.3.4 Representatives must be present at a meeting to vote and may not vote by
proxy.
4.3.5 The voting Representatives may select an acting Chair to serve in the
absence of the Chair or his/her designee.
4.3.6 The Joint Board shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
4.4 Joint Board Actions
4.4.1 The Joint Board shall oversee the implementation, operation and
maintenance of the PSERN System to the extent provided in this Agreement. In
furtherance of that oversight, the Joint Board is specifically authorized to take the
following actions:
a. Amend this Agreement including any exhibits;
b. Establish committees and advisory groups, including an advisory
operations board of emergency radio users, to perform activities related to
the PSERN Project or to provide reports or recommendations to the Joint
Board related to the PSERN Project;
c. Adopt and amend policies, business rules, procedures, standards and
guidelines related to the PSERN System including System access and
use, security, and System and Subscriber Radio maintenance, upgrading
and security;
d. Approve the Project Budget subject to County Council appropriation;
e. Approve contracts related to the Implementation Period;
f. Approve those leases related to the PSERN System for which the
monthly rent exceeds the per site monthly rent authorized in the Project
Budget;
g. Approve changes to PSERN System-related contracts if the cost of the
change exceeds the authority granted to the Project Director under the
Contracting Plan attached hereto and made a part hereof as Exhibit 1;
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EXHIBIT A ‐ 12
h. Approve the PSERN System design and any changes to same
affecting System performance;
i. Approve the issuance by the County to the PSERN Contractor of Notice
of Apparent Completion (NAC) of the following milestones:
(i) Milestone 3H: System Optimization and RF Coverage
Testing
(ii) Milestone 3J Operational and Functional System Test
(iii) Milestone 3K Pilot Test with 100 Users
(iv) Milestone 5C Full System Acceptance
j. Approve a transition plan that defines the tasks, responsibilities and
schedule for transitioning from the KCERCS to the PSERN System
including moving Dispatch Centers and User Agencies onto the PSERN
System;
k. Approve the County’s entering into agreements with User Agencies
and Dispatch Centers establishing the terms and conditions for access to
and use of the PSERN System;
l. Approve such other actions as are specified under this Agreement as
being made by the Joint Board;
m. Delegate the Joint Board's authority under this Agreement subject to
such limitations and conditions as the Joint Board may establish; and
n. Approve a Party’s request to withdraw from this Agreement and the
terms and conditions of such approval in accordance with Section 13.
4.4.2 The PSERN System-related contracts will require prompt review of
deliverables and notices of milestone completion. The Joint Board shall hold
special meetings as needed and take action in a timely manner so as to avoid
delay and other claims by PSERN System-related contractors.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting
but fails for lack of a unanimous vote by all four (4) Representatives, a voting
Representative may submit written notice of an impasse to the other
Representatives and the Joint Board Chair. The notice shall be submitted within
seven (7) days of the Board’s last vote on the matter and shall include a
statement of the action being sought and the history of any Joint Board
deliberation or vote(s) on the matter.
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4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his/her
designee shall designate a mediator to assist the Joint Board in resolving the
impasse. The mediator shall be experienced in resolving disputes in public
sector capital projects and may not be an employee of any of the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN Project
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Representatives to cooperate with the mediator in good
faith including expediting responses to any mediator requests for information and
discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Representatives. The mediator may recommend one or
more non-binding alternatives for resolving the impasse. Regardless of the
outcome of the mediation, each Party shall pay an equal percentage share of the
cost of the mediator’s fees and expenses, if any. The County shall pay the
mediator and invoice each Party for its share. Each party shall pay the County
within thirty (30) days after receiving the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Joint Board to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected official
designated by the ValleyCom Cities. The Joint Board and the EEC shall
convene to consider the matter and attempt to reach a resolution, which may
include re-submitting the matter for a Joint Board vote, not later than twenty (20)
days after the date the mediator provided his/her recommendation(s).
4.6 Emergency Procedures
Consistent with applicable Washington State law, the Joint Board may adopt
procedures for providing direction and decision-making in the event of emergencies that
have or may have direct, significant and material negative effects on the
implementation, operation and maintenance of the PSERN System when consideration
of such emergencies by the Joint Board could not occur in a timely manner, all as
determined by the Chair of the Joint Board. The procedures shall set forth how an
emergency is declared and who declares it. Such procedures may allow expedited
procurement and contracting procedures by the Project Director to address the
emergency, as may be permitted by Washington State law. Each decision made
pursuant to such procedures shall be communicated to the Parties as soon as
reasonably possible and shall be subject to ratification by the Joint Board in a regular or
special meeting within two (2) weeks after the finding of an emergency by the Chair of
the Joint Board.
4.7 Record of Action
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Actions by the Joint Board shall be memorialized in writing and signed by the Chair or
acting chair of the Joint Board. A copy of each action shall be distributed to each Joint
Board Representative and Alternate within ten (10) Business Days of the action.
4.8 Joint Board Administrative Support
The County shall provide administrative support for the Joint Board. The cost of
providing such support shall be covered by the PSERN Project Budget during the
Implementation Period and by the PSERN Operations Budget during the Operations
Period.
5.0 PSERN SYSTEM IMPLEMENTATION
5.1 Project Management
The County will be responsible for performing all Project management activities including:
a. all personnel actions related to the Project Director and other County
employees assigned to Project activities;
b. scheduling and management of day-to-day Project activities;
c. developing a Project Budget and obtaining County Council
appropriation(s), approving expenditures, and tracking expenditures
against the Project Budget including its contingency;
d. developing, tracking, and updating all required Project documentation;
e. developing and performing all financial, accounting and inventory-
control processes including establishing a Project Fund to receive levy
and bond proceeds, processing invoices and making payments and
distributions from the Project Fund, responding to audits, and tracking the
receipt and distribution of equipment and other deliverables in accordance
with applicable laws, regulations and policies;
f. developing and implementing a transition plan for Joint Board approval;
g. coordinating PSERN Project activities with the Parties and the
KCERCS’s users; and
h. providing regular reports to the Joint Board on the Project’s activities
during the Implementation Period.
5.2 Contracting and Equipment Ownership
5.2.1 Subject to Joint Board approval, the County will procure, execute and administer
all contracts, licenses and agreements related to the planning, analysis, design,
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development, installation, construction and testing of the equipment, software, facilities,
improvements and other elements of the PSERN System.
5.2.2 The Project Director shall be responsible for contract procurement and contract
administration activities in accordance with Exhibit 1 and any emergency contracting
procedures approved by the Joint Board.
5.2.3 As the Party entering into the contract(s), the County will become the owner of
the delivered PSERN System equipment except as provided in Section 7 for Subscriber
Radios. The County will transfer said ownership to the new PSERN Operator formed
under the PSERN Operations ILA in accordance with Section 9.
5.3 PSERN System Sites
5.3.1 Subject to Joint Board approval if required under Section 4.4.1(f), the County will
enter into leases and other arrangements to acquire the rights, for itself and its
contractors, successors and assigns, to access, install, use, develop, or construct
towers, structures, equipment, facilities and other improvements as needed for PSERN
System implementation.
5.3.2 The PSERN System sites identified in the List of Party Owned/Controlled
Sites, attached hereto and made a part hereof as Exhibit 2, are controlled directly
or indirectly by those Parties as indicated therein. If and to the extent a Party’s
interest permits, each such listed Party agrees to enter into a lease(s),
assignment or other appropriate agreement with the County to permit the use by
the PSERN System of the listed site(s) under its control on terms and conditions
no worse than the best terms and conditions (for the lessee) that are then
applicable in a comparable lease, license or agreement with another
governmental entity. Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.3 If during the PSERN System design process, other potential locations for
PSERN System equipment or facilities are identified on any land or any
improvement (such as buildings and towers) in which any Party has an
ownership or tenancy interest, or otherwise controls, directly or indirectly through
EPSCA or ValleyCom, then subject to any legal limitations, such Party agrees to
enter into a lease(s), assignment or other appropriate agreement with the County
to permit the use of such land or improvements by the PSERN System.
Notwithstanding the forgoing, a Party shall not be required to enter into any
lease, assignment, or other agreement that impairs a Party’s right and ability to
use the equipment or facilities as necessary for KCERCS or the Party’s own
purposes. The land and improvements shall be offered to the County:
a. with a right of first refusal; and
b. on terms and conditions no worse than the best terms and
conditions (for the lessee) that are then applicable in a comparable
lease, license or assignment with another governmental entity.
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Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to
terminate or interfere with an existing lease or use of land or improvements.
5.3.5 The Parties will cooperate with the County in fulfilling its role and responsibilities
under this Agreement. Without limiting the foregoing, the EPSCA Cities and the
ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom
boards, respectively, as necessary to effect the purposes and intent of this Section 5.3
and to the extent permitted by law.
5.4 Frequencies
5.4.1 The Parties agree that they will cooperate with the County in any Federal
Communications Commission process or application necessary to make available, or
cause to be made available, for use in the PSERN System the licensed frequencies
identified in the List of Frequencies attached hereto and made a part hereof as listed in
Exhibit 3. As part of the PSERN System design process, the Parties agree to cooperate
in the development of PSERN Frequency Plans including agreeing to relicensing
frequencies from the sites in which they are currently used to other sites in the PSERN
System. Further, the Parties will consent to use of frequencies by the County and the
PSERN Contractor under the design standards of the PSERN System.
5.4.2 The Parties will cooperate with the County in fulfilling its role and responsibilities
under this Agreement. Without limiting the foregoing, the EPSCA Cities and the
ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom
boards, respectively, as necessary to effect the purposes and intent of this Section 5.4.
5.4.3 In the event a Party withdraws or otherwise terminates its participation in this
Agreement and the PSERN System, it shall surrender all rights and interests it may have
or claim to have in any frequencies determined by the Joint Board to be necessary for
the PSERN System. The provisions and obligations of this Section 5.4 shall survive any
termination of, or a Party’s withdrawal from, this Agreement.
5.4.4 As more fully described in the PSERN Operations ILA, the Parties agree to take
all steps necessary to ensure that all spectrum used in the PSERN System is transferred
to and licensed in the name of the PSERN Operator to which ownership of the PSERN
System is transferred after FSA. Said transfer and re-licensing shall be effected within
sixty (60) days after ownership of the PSERN System has been transferred to the
PSERN Operator.
5.4.5 Any frequencies currently used in KCERCS which are not reused in the PSERN
System shall remain in the name of the original licensee under KCERCS and shall not
be transferred to the PSERN Operator.
5.4.6 If the PSERN Project is terminated prior to FSA, or if following FSA the PSERN
System is abolished in its entirety, the PSERN Operator (or if it has not yet been
created, the County) will take all steps necessary to transfer the frequencies surrendered
pursuant to this Section 5.4 back to each of the Parties, EPSCA, and ValleyCom, and/or
their successors.
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5.5 Transition from KCERCS to the PSERN System
5.5.1 The Parties agree to continue to operate and maintain the central switch, sub-
systems and other elements of KCERCS to the extent the Parties directly or indirectly
control such elements until the issuance of FSA of the PSERN System or such other
time as the Joint Board approves. Nothing in this Agreement shall be interpreted to
require a Party to undertake any action that would adversely and materially impact a
Party’s ability to operate KCERCS as necessary for public safety through the
Implementation Period.
5.5.2 The Parties shall cooperate with each other in implementing the transition from the
KCERCS to the PSERN System including:
a. moving or removing, or causing/permitting such moving or removing, of
KCERCS equipment to accommodate the installation of PSERN System
equipment;
b. consenting to the use by the County of frequency licenses for use in the
PSERN System during the Implementation Period and until the licenses are
transferred to the PSERN Operator, by:
(1) executing letters of concurrence allowing the County to be a co-
licensee for those frequencies during the Implementation Period; and
(2) unlicensing those frequencies used by PSERN; and
c. timely performance of all applicable tasks and responsibilities specified in the
Transition Plan adopted by the Joint Board.
5.5.3 The County will serve as the PSERN System manager and enter into preliminary
agreements with Dispatch Centers and User Agencies establishing the terms and
conditions for their transition to and use of the PSERN System, as more fully described
in Sections 6 and 7.
5.5.4 Through their direct or indirect participation on the KCERCS’s Regional
Communications Board, the Parties agree to take such actions as are necessary to
effect the purposes of this section and any other matter necessary to the transition from
the KCERCS to the PSERN System.
5.6 Decommissioning of KCERCS
It is expected that through the PSERN Project, all KCERCS equipment will be decommissioned
and removed. However, to the extent KCERCS equipment is not decommissioned and
removed due to a decision by the Joint Board or a Party, the Parties shall be responsible for
decommissioning the elements of the KCERCS that they own or are owned by entities in which
they participate.
6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION
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6.1 Dispatch Center Equipment
The PSERN Project Budget will fund the purchase of certain PSERN System equipment
that will be installed at Dispatch Centers in King County in a like-for-like exchange of
existing KCERCS-related equipment in order to enable the Dispatch Centers to access
and use the PSERN System. The County shall be the owner of said PSERN System
equipment during the Implementation Period and will transfer ownership to the PSERN
Operator as provided in Section 9.
6.2 Dispatch Center Agreements
As a condition of using said new equipment and the PSERN System, each Dispatch
Center shall be required to enter into a Dispatch Center Agreement with the County or
the PSERN Operator. Neither the County nor the PSERN Operator may deny consoles
or console service to any Dispatch Center that enters into and complies with the
provisions of a Dispatch Center Agreement. The Dispatch Center shall include, among
others terms, the following:
a. a grant by the Dispatch Center to the County and its successors and
assigns for the space, access rights, power, fiber connections, internet
access and other resources necessary for the County and its contractors
to deliver, store, install, test, operate and maintain PSERN System
equipment;
b. the quantities and types of equipment that will be funded by the
PSERN Project Budget and installed at the Dispatch Center;
c. the schedule and locations for installation and testing of said equipment
and training users;
d. the provision that the County or PSERN Operator, as appropriate, will
provide maintenance, updates, and upgrades to consoles for as long as
they shall remain in service and owned by the County or the PSERN
Operator;
e. the process for repairing/replacing/upgrading equipment;
f. the obligations for the Dispatch Center to pay the user fees and other
costs of connecting to the PSERN System during the Operations Period;
g. the Dispatch Center is responsible for theft, damage or other loss after
delivery of equipment to the Dispatch Center’s facility; and
h. a commitment by the Dispatch Center to execute a novation replacing
the County with the new PSERN Operator for the Operations Period.
If a Party or entity is both a Dispatch Center and a User Agency, the above provisions
may be addressed in a single Dispatch Center/User Agency Agreement.
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7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION
7.1 County Purchase of Initial Order of Subscriber Radios
Pursuant to an executed User Agency Agreement as provided in Section 7.4, the
County will purchase initial orders of Subscriber Radios on behalf of all User Agencies.
Ownership of said County-purchased Subscriber Radios will be transferred to the User
Agencies following FSA. User Agencies may enter into “piggyback” contracts with the
PSERN Contractor for the direct purchase of additional Subscriber Radios.
7.2 Project Funding for Certain Subscriber Radios
The PSERN Project Budget will be used to fund the initial order of certain types of
Subscriber Radios and accessories for the User Agencies identified in the List of User
Agencies Eligible for Radio Exchanges, which is attached hereto and made a part
hereof as Exhibit 5. A User Agency listed in Exhibit 5 shall be eligible to receive a
Project-funded Subscriber Radio and a kit of standard accessories in exchange for a
trade-in radio used in the KCERCS, provided that each trade-in radio:
a. was an active radio in the KCERCS zone controller within thirty (30)
days prior to the date of the exchange; and
b. is an operable radio at the time of the exchange.
The new Subscriber Radio funded by the Project Budget shall be the type of radio as
listed in Exhibit 5 that is the nearest equivalent to the trade-in radio.
7.3 Payments by User Agencies
7.3.1 A User Agency that is listed on Exhibit 5 shall pay the County for the
added costs of any Subscriber Radios, features and accessories that are not
covered by the Project Budget under Section 7.2.
7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full
cost, including taxes, of any Subscriber Radio purchased by the County on its
behalf.
7.3.3 The County shall establish the method and timing of such payments in
advance of placing an order with the PSERN Contractor.
7.4 User Agency Agreements
No User Agency may register or use a radio or other device on PSERN unless it has
entered into a User Agency Agreement with the County or the PSERN Operator.
Neither the County nor the PSERN Operator may deny radios or radio service to any
agency permitted to be licensed in the 800 MHz Public Safety Radio Spectrum pursuant to 47
C.F.R. Part 90 if that agency enters into and complies with the provisions of a User
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Agency Agreement. The User Agency Agreements shall include, among other terms,
the following:
a. the quantities and types of Subscriber Radios that will be funded by the
PSERN Project Budget and the amounts to be paid by the User Agency;
b. designation of the User Agency’s status (primary or secondary) and
priorities at the talkgroup level;
c. a grant of all space, access rights, power and other resources
necessary for the County and its contractors to deliver, store, install, and
test Subscriber Radios;
d. the schedule and locations for installation and testing of Subscriber
Radios and user training;
e. the central management of encryption keys and the template for
programming User Agency radios;
f. the prohibition with applicable timeframes on a User Agency’s re-sale or
transfer of any Subscriber Radios and the requirements for tracking and
reporting all Subscriber Radios to the County;
g. the terms for use of the System including acceptable equipment
models and features, protocols, maintenance standards and other
conditions;
h. the process for repairing/replacing Project-funded Subscriber Radios
through the end of the warranty period;
i. the obligations for the User Agency to pay the user fees and other costs
of connecting to the PSERN System during the Operations Period;
j. the User Agency is responsible for theft, damage or other loss after
delivery of equipment to the User Agency’s facility; and
k. a commitment by the User Agency to execute a novation replacing the
County with the new PSERN Operator for the Operations Period.
8.0 PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD
8.1 Funding of Project Budget
The PSERN Project Budget will be funded by proceeds from a County-wide property tax levy
and, as needed, proceeds from bond or other debt instruments issued by the County. The
reimbursement and other payments provided under this Section are conditioned upon voter-
approval of the funding levy and the County Council’s adoption of an appropriation for the
PSERN Project Budget. Except as provided in this Agreement or by action of the Joint Board,
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the City of Seattle, the EPSCA Cities, and ValleyCom Cities shall not be required to reimburse
the PSERN Project Budget or the County for costs incurred during the Implementation Period.
8.2 Elective Contract Change
8.2.1 Any Contract Change determined by the Project Director to be elective, must be
approved in advance by the Joint Board. The Joint Board may approve the Contract
Change either as an Elective Contract Change or if the Joint Board determines the
change is not elective, as a Contract Change. At the time the Joint Board approves an
Elective Contract Change, it shall also approve a reimbursement allocation for the cost
of the Elective Contract Change to be paid by one or more Parties in the event the
Project Budget is insufficient to cover some or all of the cost of the Elective Contract
Change as described in Section 8.2.2 below.
8.2.2 At the end of the Implementation Period, if the PSERN Project Budget is
insufficient to pay the reimbursements and payments provided in this Section 8,
the Parties shall reimburse the PSERN Project Budget for all Elective Contract
Changes according to the allocations approved by the Joint Board, up to the
amount of the budget shortfall beginning with the first adopted Elective Contract
Change and proceeding in chronological order.
8.3 Reimbursement of Planning Phase Costs
8.3.1 The County shall use the Project Budget to reimburse itself, the City of Seattle,
EPSCA and ValleyCom for the following costs incurred from August 1, 2012, through the
start of the Implementation Period:
a. the costs of staff labor hours expended on planning, analysis, procurement,
legal and other PSERN System-related activities; and
b. the costs of technical, financial, consultant, legal and other contractor services
related to the PSERN System.
Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate
that is used in the normal course when the employee’s time is charged for other
purposes. Reimbursement for contractor services shall be at the reasonable, actual
amount paid by the agency seeking reimbursement.
8.3.2 Requests for reimbursement under this Section 8.2 may be submitted to the
County after the County Council’s adoption of a PSERN Project Budget and
appropriation.
8.3.3 Requests shall be submitted on a form prescribed by the County and be
accompanied by such documentation as the County may require including time records
and invoices.
8.4 Administrative, Election and Financing Costs
The Project Budget shall cover the County’s costs of providing administrative support to the
Joint Board and the election, legal, financing, administration and other costs associated with the
levy and the issuance of any bonds or other debt financing.
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8.5 Reimbursement of Implementation Period Costs
8.5.1 The Project Budget shall cover all of the County’s costs incurred during the
Implementation Period including:
a. payments to the PSERN Contractor and other contractors
b. County labor and internal charges
c. rents, fees and other costs related to real property access and
development activities
d. insurance
e. equipment, tools, technology, devices, vehicles and supplies
f. travel
g. training
h. fuel
i. freight
j. utilities
k. security systems and services
l. road maintenance
m. cost of claims, litigation and related legal and other expenses.
8.5.2 The County shall use the Project Budget to reimburse the City of Seattle, EPSCA
and ValleyCom for the costs of staff labor hours expended during the Implementation
Period on the following PSERN System-related activities:
a. preparation for and participation at Joint Board and technical committee
meetings;
b. witnessing the PSERN Contractor’s factory testing, field testing of
infrastructure and coverage testing; and
c. escorting PSERN Contractor personnel to sites at which the City of Seattle,
EPSCA or ValleyCom have current KCERCS maintenance responsibilities.
Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate
that is used in the normal course when the employee’s time is charged for other
purposes. Requests for reimbursement shall be submitted on a calendar quarter basis
following the County Council’s adoption of an appropriation for the PSERN Project
Budget. Failure to submit a request within sixty (60) days after the end of a calendar
quarter shall constitute a waiver of any reimbursement for cost incurred in said quarter.
Requests shall be submitted on a form prescribed by the County and be accompanied
by such documentation as the County may require including time records and invoices.
8.6 Subscriber Radio Purchases
The Project Budget will be used to fund the initial order of certain types of Subscriber Radios
and accessories as provided in Section 7.
8.7 PSERN Operator’s Start-up Costs
Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall pay to
said PSERN Operator the amount specified in the Project Budget for the new PSERN
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Operator’s pre-FSA expenses for start-up activities under Section 9.2 and the Operations Period
ILA.
8.8 System Transition Stabilization Fund
The County shall, within the Project Budget, create a PSERN System Transition Stabilization
Fund in the amount of $ _________, the purpose of which shall be to reduce and phase in the
impact of increased rates on PSERN System User Agencies and Dispatch Centers. By March
31 of the year prior to the expected date for FSA as projected by the Project Manager, the Joint
Board shall adopt a System Transition Stabilization Fund plan. The plan may include
stabilization funding for some or all User Agencies and Dispatch Centers whose rate under the
PSERN System in the first three years after FSA will be higher than in 2015 under KCERCS.
9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD
9.1 Creation of a new PSERN Operator
Not later than one year prior to the expected date for FSA as projected by the Project Manager,
the Parties shall create and establish a non-profit corporation as authorized under RCW
39.34.030 to own, operate, maintain, manage and upgrade/replace the PSERN System during
the Operations Period.
9.2 Start-up of PSERN Operator
As provided in the Operations Period ILA, the Parties shall cause said new PSERN
Operator to hire an Executive Director and staff, train staff, establish facilities, contract
for goods and services, install systems and undertake all other steps necessary for the
PSERN Operator to be able to accept the transfer of the PSERN System from the
County and be fully responsible for the Operations Period upon issuance of FSA by the
Joint Board.
9.3 Transfer and Novation Agreements
The Parties shall cause the PSERN Operator to enter into agreements with the County
and third parties that effect the following upon FSA and after the County has determined
and notified the Parties that all Implementation Period activities have been completed:
a. transfer all PSERN System-related equipment (other than subscriber
radios as provided in Section 7.0); and
b. the novation of the contract with the PSERN Contractor, the Dispatch
Center and User Agency Agreements and all licenses, leases and other
contracts and agreements related to the PSERN System.
The Parties intend and agree that the PSERN Operator shall be deemed to be the
successor to the County for all PSERN System purposes and shall assume all of the
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County’s rights, responsibilities and liabilities under said contracts, licenses, leases and
agreements.
10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER
10.1 Interim Operations
If the transfer of the PSERN System is not completed as provided in Section 9.0 above
and the PSERN Operations Period ILA, then the County may continue to operate and
maintain the PSERN System after FSA.
10.2 Cost Allocation Model
10.2.1 In the event the transfer to a new PSERN Operator has not occurred and
if the County continues to act as the lead for operations and maintenance beyond
FSA, the County will be paid monthly user rates by each Dispatch Center and
User Agency, based on the Cost Allocation Model, until the transfer occurs and
the County has closed out its role and incurs no more costs.
10.2.2 The Cost Allocation Model shall be applied to an annual Operations
Budget developed by either the County or the PSERN Operator for each
calendar year of Operations after FSA. The Dispatch Center and User Agency
rates shall be recalculated annually to reflect cost changes from January 1
through December 31 of each year, and shall be included in the Operations
Budget, which shall be subject to approval by the Joint Board.
10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate
the share of costs to be billed to the Dispatch Centers and User Agencies in
accordance with the Cost Allocation Model and Operations Budget in the coming
year and transmit that information to each Dispatch Center and User Agency.
10.3 The County shall collect fees in accordance with the Dispatch Center and User
Agency Agreements.
11.0 INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND
RECORDS
11.1 Intellectual Property
The Parties may be provided with products, documents or other deliverables related to
the PSERN System that are the subject of copyright, trade secret and other intellectual
property rights of, or claims of such rights. Each Party agrees that it will exercise any
intellectual property license rights in accordance with the license provisions of the
County Contract and any other applicable licenses so long as the Party has prior notice
of the license requirements.
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11.2 Confidential Information
11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential
Information to those employees, contractors or other persons who have a
reasonable business need to know such information; and (b) take all reasonable
care, and not less than the care the Party applies to its own confidential
information, to prevent unauthorized use or disclosure of Confidential
Information. Each Party agrees that it will not use, copy, convey or disclose any
Confidential Information to any other person or entity unless expressly authorized
in writing by the person that provided the Confidential Information or as may be
required by law.
11.2.2 Such care shall include: (a) requiring such employees, contractors or
other persons to sign a nondisclosure agreement; (b) requiring any contractors to
also undertake reasonable protection measures; and (c) promptly enforcing any
violations of such agreements.
11.3 Records.
11.3.1 Each Party shall keep records as required by state law and in
accordance with such policies, procedures and retention schedules as may be
established by the Joint Board. To the extent permitted by law, all records,
accounts and documents relating to matters covered by this Agreement shall be
subject to inspection, copying, review or audit by the Washington State Auditor or
any Party. Upon reasonable notice, during normal working hours, each Party
shall provide auditors from the Washington State Auditor or the other Parties with
access to its facilities for copying said records at their expense.
11.3.2 Each Party shall be responsible for responding to public disclosure
requests addressed to it in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, and such procedures as may be established by the
Joint Board. If a Party receives a public records request for records related to
the PSERN System, the Party receiving the request shall promptly notify the
Project Director and the Joint Board. Absent agreement by the Parties on other
arrangements, the Party receiving the request shall remain responsible for
responding to the requester. In the event a request for records is addressed to
the Joint Board but specifies records of a single Party, such Party shall assume
responsibility for responding to the request. In the event a request for records is
addressed to the Joint Board but does not specify records of a single Party, the
County shall assume responsibility for coordinating the Parties’ response to the
request.
11.3.3 If the requested records include any Confidential Information, the Party receiving
the request shall promptly notify the Party or other person or entity that designated the
information as Confidential Information. Any Party receiving a public records request
that includes Confidential Information shall not disclose the Confidential Information for
ten (10) business days in order to give the affected Party or third party the opportunity to
take whatever action they deem necessary to protect their interests before disclosure of
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the Confidential Information. A Party receiving a public disclosure request shall not be
required to take any legal action in order to prevent disclosure of Confidential
Information, nor shall a Party incur any liability to any other Party for disclosing
Confidential Information in response to a public disclosure request so long as the
disclosing Party has complied with the provisions of this Section 11.
12.0 FORCE MAJEURE
Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents,
shutdowns for purpose of emergency repairs, strikes and other labor disruptions, and other
industrial, civil or public disturbances that are not reasonably within the control of a Party
causing the Party’s inability to perform an obligation under this Agreement are “Force Majeure
Events.” If any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform
or comply with any obligation or condition of this Agreement, such obligation or condition shall
be suspended for the time and to the extent reasonably necessary to allow for performance and
compliance and restoration of normal operations.
13.0 TERMINATION OF AGREEMENT; WITHDRAWAL AND REMOVAL OF
A PARTY
13.1 Termination of Agreement by Joint Board.
The Joint Board may terminate this Agreement in its entirety by the unanimous affirmative vote
of all voting Representatives.
13.2 Withdrawal of a Party.
13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Joint Board including its reasons therefor, a description
of the probable impacts on the other Parties, a description of the probable
impacts to the scope, schedule and budget of the PSERN Project and a
proposed withdrawal work plan that will identify all necessary actions which need
to be undertaken to effect the withdrawal.
13.2.2 Upon receipt of the above-described notice and information, the Joint
Board will consider the request for withdrawal. The Joint Board may in its sole
discretion approve a Party’s request to withdraw from this Agreement and
establish any terms and conditions for approval. Approval requires a unanimous
vote of all voting Representatives on the Joint Board.
13.2.3 A Party that is permitted to withdraw shall remain responsible for any
obligations that arose prior to the effective date of the withdrawal and for any that
are specified under Section 15.14 as surviving a withdrawal. A withdrawing Party
shall be solely liable for any actual costs to the other Parties arising out of or
resulting from the withdrawal. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prior to the effective date of the
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withdrawal or, if such amounts are not yet established, then within thirty (30)
days after the amount is established.
14.0 LEGAL RELATIONS
14.1 Independent Contractors and No Third Party Beneficiaries
14.1.1 Each party to this Agreement is an independent contractor with respect to
the subject matter herein. No joint venture or partnership is formed as a result of
this Agreement.
14.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker’s compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party’s
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
14.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties, ValleyCom and EPSCA and gives no right to any other person or
entity.
14.2 Claims Arising from the Joint Board’s Acts or Omissions
The Parties agree to share the cost, including the costs of defense, in the event of any
claim, lawsuit, demand, judgment, award or liability of any kind against the Joint Board,
any Party, ValleyCom or EPSCA and their respective officials and employees
(“Claim(s)”) arising out of, or in any way resulting from: (a) a Joint Board action or
failure to act; or (b) the County’s acts or omissions arising from a Joint Board action or
failure to act. The Parties agree to share the costs arising from such a Claim(s),
including the costs of defense in the following percentages:
a. King County shall be liable for 25%;
b. City of Seattle shall be liable for 25%;
c. the EPSCA Cities shall be jointly and severally liable for 25%; and
d. the ValleyCom Cities shall be jointly and severally liable for 25%
The Parties agree to cooperate with each other as necessary in responding to and
defending against all such Claims, which may include developing a joint defense plan.
14.3 Other Claims
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Except for a Claim covered by Section 14.2, each Party to this Agreement shall protect,
defend, indemnify, and save harmless the other Parties and their respective officials
and employees, from any and all Claims, arising out of, or in any way resulting from, the
indemnifying Party’s negligent acts or omissions. No Party will be required to indemnify,
defend, or save harmless any other Party if the claim, suit, or action for injuries, death,
or damages is caused by the sole negligence of another Party. Where such claims,
suits, or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party’s own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
14.4 Waiver of Consequential and Certain Other Damages
ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST EPSCA,
VALLEYCOM, THE OTHER PARTIES, AND THEIR RESPECTIVE OFFICALS AND
EMPLOYEES FOR ANY: COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME,
DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT, PROVIDED THAT THIS SECTION SHALL ONLY APPLY
TO CLAIMS BETWEEN AND AMONG THE PARTIES, EPSCA AND VALLEYCOM, AND
SHALL NOT BE INTERPRETED TO LIMIT ANY CLAIMS BROUGHT PURSUANT TO
SECTION 14.3.
14.5 In the event that any of the Parties or combination of the Parties incurs any
judgment, award, and/or cost arising therefrom, including attorney fees, to enforce the
provisions of this Section 14, all such fees, expenses, and costs shall be recoverable
from the responsible Party or combination of the Parties to the extent of that
Party’s/those Parties’ culpability.
14.6 The provisions of this Section 14 shall survive the expiration or termination of this
Agreement.
15.0 GENERAL
15.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder’s Office or, alternatively, listed by subject on a Party’s
web site or other electronically retrievable public source.
15.2 Time of the Essence
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The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
performance, damages and any other remedies available under this Agreement, at law
or in equity.
15.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
15.5 Parties Not Relieved of Statutory Obligations
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Joint Board, the performance may be offered in
satisfaction of the obligation or responsibility.
15.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Joint Board.
15.8 Dispute Resolution
If one or more Parties believes another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation in accordance with the process provided in Section 4.5. If the Parties submit
the matter to mediation and the matter is not resolved, then the aggrieved Party shall be
entitled to pursue any legal remedy available.
15.9 Entire Agreement
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The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
expressly contained in this Agreement has been made conferring any benefit upon
them.
15.10 Amendment Only In Writing
This Agreement may be amended by action of the Joint Board in accordance with
Section 4.4.1.
15.11 Notices
15.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Chair of the Joint Board, the Project Director and to each
Party’s Representative. Any notice may be given by certified mail, overnight
delivery, facsimile telegram, or personal delivery. Notice is deemed given when
delivered. Email may be used for notice that does not allege a breach or dispute
under this Agreement.
15.11.2 The names and contact information set forth in Contact Information,
attached hereto and made a part hereof as Exhibit 6, shall apply until amended
in writing by a Party providing new contact information to each other Party.
15.12 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this Agreement
shall be governed, construed, and enforced in accordance with the substantive and procedural
laws of the State of Washington. The Parties agree that the Superior Court of King County,
Washington shall have exclusive jurisdiction and venue over any legal action arising under this
Agreement.
15.13 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.14 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal from this Agreement.
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Section 11 Intellectual Property, Confidential Information and Records
Section 14 Legal Relations
Section 15.12 Choice of Law; Venue
Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall
survive a Party’s withdrawal from this Agreement.
15.15 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names in the spaces provided below.
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY AND THE CITIES OF AUBURN, BELLEVUE, FEDERAL WAY,
ISSAQUAH, KENT, KIRKLAND, MERCER ISLAND, REDMOND, SEATTLE, AND
TUKWILA ENTITLED PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT.
WHEREAS, the City and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Seattle, and Tukwila and King County (the “Parties”) are
authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative
agreement; and
WHEREAS, the Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King County
Emergency Radio Communications System, a voice radio system that is nearly 20 years old and
is increasingly unsupported by the supplier of the system’s equipment, software and related
repairs; and
WHEREAS, the Parties determined that it is in the public interest that a new public
safety radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high‐quality
emergency radio communications. The new system will be known as the “Puget Sound
Emergency Radio Network System” or “PSERN System”; and
WHEREAS, the Parties have negotiated a separate agreement (“Implementation Period
ILA”) that designates King County as the lead agency for planning, procurement, financing and
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RESOLUTION NO. _______
2
implementation of the PSERN System with the oversight of a Joint Board established pursuant
to the Implementation Period ILA; and
WHEREAS, when the Implementation Period ILA has achieved its purpose, the Parties
agree that they will create a new non‐profit entity, formed under Chapter 24.06 RCW, to
assume the ownership and control of the PSERN System once it is operational. This new entity,
referred to as the “PSERN Operator”, is to be responsible for the ownership, operations,
maintenance, management and on‐going upgrading/replacing of the PSERN System during its
useful life; and
WHEREAS, the purpose of this Agreement is to establish the terms under which the
Parties will form the new non‐profit entity and undertake the ownership, operations,
maintenance, management and on‐going upgrading/replacing of the PSERN System; and
WHEREAS, it is in the best interests of the residents of the City of Renton to have one
entity operate the new emergency radio system,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with the Parties entitled Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement, which shall be substantially similar to the form attached
hereto as Exhibit A.
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RESOLUTION NO. _______
3
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2014.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2014.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Lawrence J. Warren, City Attorney
RES.1652:11/4/14:scr
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RESOLUTION NO. _______
EXHIBIT A ‐ 1
EXHIBIT A
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (ILA) is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County and the
cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island,
Redmond, Renton, Seattle, and Tukwila, each a political subdivision or municipal
corporation of the State of Washington (individually, a "Party") and, (collectively, the
"Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King
County Emergency Radio Communications System (KCERCS), a voice radio system
that is nearly twenty years old and is increasingly unsupported by the supplier of the
system’s equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications. Said new system is referred to herein as the “Puget
Sound Emergency Radio Network System” or “PSERN System.”
C. The costs of implementing the PSERN System will be financed by a voter
approved funding measure.
D. The Parties have negotiated a separate agreement (“Implementation Period
ILA”) that designates King County to act as the lead agency for planning, procurement,
financing and implementation of the PSERN System with the oversight of a Joint Board
established pursuant to the Implementation Period ILA.
E. When the Implementation Period ILA has achieved its purpose, the Parties
will create a new non-profit entity, formed under Chapter 24.06 RCW, to assume the
ownership and control of the PSERN System following Full System Acceptance. This
new entity, also referred to in the Implementation Period ILA and herein as the “PSERN
Operator”, is to be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to establish the terms under which the
Parties will form the new non-profit entity and undertake the ownership, operations,
maintenance, management and on-going upgrading/replacing of the PSERN System.
NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
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1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all current and future
statutory or regulatory provisions consolidating, amending or replacing the
statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation”.
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by the County, the due date
shall be deemed to be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry
meanings are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for
convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
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1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the
following terms are defined for this Agreement as follows:
“Board of Directors” or “Board” means the board formed by the Parties to govern
the PSERN Operator.
“AGREEMENT " means this lnterlocal Cooperation Agreement.
“BUDGET" means the budget approved by the Board of Directors to pay for the
anticipated costs of operating and maintaining the PSERN System.
“CONSOLIDATED SERVICE AREA” means those geographic areas of King
County, Pierce County and Snohomish County, Washington, previously served
by the emergency radio networks of King County, the City of Seattle, the
Eastside Public Safety Communications Agency (EPSCA) and the Valley
Communications Agency (ValleyCom), and which areas are to be prospectively
served by the PSERN System. The Consolidated Service Area shall also include
those other geographic areas that are added to the area served by the PSERN
System as expanded in accordance with action of the Board of Directors.
“COUNTY " means King County, Washington.
“EXECUTIVE DIRECTOR " means the individual selected by the Board of
Directors to administer the PSERN Operator on a daily basis.
“FULL SYSTEM ACCEPTANCE " or "FSA" means the determination issued to
the PSERN System Contractor upon satisfactorily completing the final system
development phase milestone pursuant to Contract No.
_________________________________.
"KCERS" means the King County Emergency Radio Communication System.
“OPERATIONS PERIOD" means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
“PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR " or "PSERN
Operator" means the non-profit corporation created pursuant to this Agreement
and the Implementation Period ILA to be incorporated in Washington State for
the purpose of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period.
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“PUGET SOUND EMERGENCY RADIO NETWORK SYSTEM" or "PSERN
System" means the land mobile radio system constructed under the
Implementation Period ILA. It also means all equipment, software, and other
work deployed to provide public safety communication service(s) or an addition
to an existing infrastructure to provide new or additional public safety
communication service(s). “System” means an infrastructure that is deployed to
provide public safety communication service(s) or an addition to an existing
infrastructure to provide new or additional public safety communication
service(s).
“SERVICE RATE” means the rate or rates charged to User Agencies in
accordance with the Rate Model appended hereto, or as it may be amended by
action of the Board of Directors.
“SERVICES" means voice, data, video, or other services communication
provided to User Agencies.
“USER AGENCY " means an entity that is authorized under a User Agency
Agreement to use the PSERN System.
“USER AGENCY AGREEMENT" means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the PSERN
System.
2.0 DURATION OF AGREEMENT
2.1 Effective Date and Conditions
Except as provided herein, this Agreement shall be in effect on the date it is last signed
by an authorized representative of each the Parties, and shall remain in effect until
terminated as provided in Section 7. However, Sections 4, 5, and 6 of this Agreement
shall not be effective until the date the articles of incorporation for the PSERN Operator
are filed with the Washington Secretary of State pursuant to Chapter 24.06 RCW.
3.0 PURPOSE OF THE AGREEMENT
Following completion of the Implementation Period ILA and Full System Acceptance,
the purpose of this Agreement is to provide communication services to public safety
users and any other agencies permitted to be licensed in the 800 MHz Public Safety
Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within the boundaries of the
Consolidated Service Area. To effectuate this purpose, the Parties authorize
establishment of a non-profit entity pursuant to Chapter 24.06 RCW, which entity shall
be known as the PSERN Operator, initially consisting of King County, and the cities of
Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond,
Renton, Seattle and Tukwila.
4.0 BOARD OF DIRECTORS
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4.1 Creation of Board of Directors
The affairs of the PSERN Operator shall be governed by a Board of Directors that is
hereby created pursuant to RCW 39.34.030(4) that shall act on behalf of all Parties and
as may be in the best interests of PSERN. The Board of Directors is not a separate
legal or administrative entity within the meaning of RCW 39.34.030(3).
4.2 Composition of the Board of Directors
The Board of Directors shall be composed of four voting members: one member from
King County, one member from the City of Seattle, one member representing the cities
of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, and one member
representing the cities of Auburn, Federal Way, Kent, Renton and Tukwila. Each such
member shall be the Chief Executive Officer of the political subdivision or municipal
corporation from which the representative comes, or his/her designee. The Board of
Directors Chair shall be elected from among its members. The Board of Directors shall
also elect a Vice Chair from among its members to serve in the absence of the Chair.
Each of the Parties shall provide written notice of their initial Board of Directors member
to the Chair of the Joint Board established under the Implementation Period ILA.
Thereafter, notice of a change to a Party’s Board of Directors member shall be effective
upon delivery of written notice by the Party to the Chair of the Board of Directors.
4.2.1 The Board of Directors shall also include two nonvoting members to
comment and participate in discussion but who are not entitled to vote on any
matter and who are selected by the voting members: one member from the law
enforcement public safety profession and one member from the fire or
emergency medical services public safety profession. Each such member shall
be the Chief or his/her designee. These members shall not be employees of one
of the Parties.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be a majority of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of at least three Board members.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three members find either that there
is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, Users, or the
PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors.
4.2.2 The Board of Directors shall establish by-laws and procedures for its
operations and meetings including the establishing of a regular meeting schedule
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and location and providing for the scheduling of special and emergency
meetings.
4.2.3 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process.
4.2.4 Board members must be present at a meeting to vote and may not vote by
proxy, provided that if approved by the Board, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.2.5 Monthly meetings of the Board of Directors shall be scheduled provided
that there shall be a minimum of two (2) meetings held each year. Other
meetings may be held upon request of the Chair or any two members.
4.2.6 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
4.2.7 A designee attending Board of Directors meetings on behalf of a regular
member of the Board shall be entitled to exercise all rights of the member to
participate in such meetings, including participating in discussion, making
motions, and voting on matters coming before the Board.
4.3 Board of Directors Actions
4.3.1 The Board of Directors shall oversee the operation and maintenance of the
PSERN Operator. In furtherance of that oversight, the Parties confer upon the
Board of Directors the broadest power and authority provided to King County and
each member city consistent with the Washington Constitution to achieve the
purpose of this Agreement. Any specific enumeration of municipal power
contained in this Agreement or in any other applicable general law shall not be
construed in any way to limit the general description of power contained in this
Agreement, and any specifically enumerated powers shall be construed as in
addition and supplementary to the powers conferred in general terms through
this Agreement. All grants of municipal power to the municipalities electing to
exercise authority under the provisions of this Agreement, whether the grant is in
specific terms or in general terms, shall be liberally construed in favor of the grant
of powers given by the municipalities that are Parties to this Agreement. By way
of example, some of those powers include:
a. Amend this Agreement, subject to Section 11.10;
b. Establish committees and advisory groups to perform activities related
to the PSERN System;
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c. Adopt and amend budgets and approve expenditures.
d. Adopt and amend policies and bylaws for the administration and
regulation of the PSERN Operator;
e. Approve contracts within the parameters of the established
purchasing and contracting policies;
f. Direct and supervise the activities of the Operating Board and the
Executive Director;
g. Hire, set the compensation for, and terminate the employment of the
Executive Director. The Board shall evaluate the Executive Director's
performance and give the Executive Director a written evaluation of his or
her performance at least annually;
h. Establish a fund or special fund or funds as authorized by RCW
39.34.030;
i. Establish Services Rates and terms of use for User Agencies;
j. Conduct regular and special meetings;
k. Approve PSERN operation and maintenance standards;
l. Determine the services the PSERN Operator shall offer and the terms
under which they will be offered;
m. Approve agreements with third parties;
n. Incur debt in the name of the PSERN Operator to make purchases or
contracts for services to implement the purposes of this Agreement;
o. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the PSERN Operator;
p. Sell, convey, mortgage, pledge, lease, exchange, transfer, and
otherwise dispose of all of its property and assets;
q. Sue and be sued, complain and defend, in all court of competent
jurisdiction;
r. Hold licenses for radio frequencies;
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s. Recommend action to the legislative bodies of the Parties and User
Agencies;
t. Delegate the Board of Directors' authority under this Agreement
subject to such limitations and conditions as the Board of Directors may
establish.
u. Enter into agreements with other agencies to accomplish tasks for the
PSERN Operator such as agreements regarding procurement, employee
benefits, and property leasing;
v. Exercise any powers necessary to further the goals and purposes of
this Agreement that are consistent with the powers of the Parties; and
w. Add parties to this Agreement and concurrently amend the
membership and voting structure of the Board of Directors.
5.0 OPERATING BOARD
Creation of Operating Board
An Operating Board of radio users will be created by the Board of Directors for the
purposes of providing advice and other duties as deemed appropriate by the Board of
Directors.
6.0 EXECUTIVE DIRECTOR
The Executive Director shall report to the Board of Directors and shall advise it from
time to time on matters related to the operation and functions of the PSERN System
and the PSERN Operator, including proposed budgets, financial and liability issues, and
other appropriate matters related to the PSERN System and the PSERN Operator. The
Director may also request assistance from the Operating Board to address tasks calling
for technical and user-related expertise.
6.1 Executive Director Duties
6.1.1 The Executive Director shall:
a. Schedule and manage the PSERN Operator’s day-to-day activities in
consistent with the policies, procedures, and standards adopted by the
Board of Directors;
b. Hire, evaluate at least annually, and terminate staff in compliance with
the PSERN Operator’s budget;
c. Propose and administer Annual Budgets including its contingency;
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RESOLUTION NO. _______
EXHIBIT A ‐ 9
d. Approve expenditures and sign contracts in amounts up to $100,000
that are included in the budget without additional approval of the Board
of Directors;
e. Track the performance of PSERN systems and services;
f. Provide support to the Board of Directors;
g. Recommend policies, procedures, and standards, including changes to
these policies, procedures, and standards;
h. Provide written monthly reports to the Board of Directors describing the
PSERN Operator’s budget status, system performance against targets,
partial or full system outages, purchases equal to or greater than
$10,000, and usage statistics;
i. Maintain and manage records in accordance with the state Public
Records Act (Ch. 42.56 RCW) and other applicable state and federal
laws and regulations; and
j. Perform other duties as assigned.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience in the technical, financial and
administrative fields of public safety radio and his or her appointment shall be on the
basis of merit only. The Executive Director is an “at will” position that may not be
modified by any PSERN Agency policy, rule, or regulation regarding discipline or
termination of PSERN Agency employees, and accordingly, the Executive Director may
be terminated from his or her position upon majority vote of the Board of Directors.
7.0 WITHDRAWAL AND REMOVAL
7.1 Withdrawal of a Party.
6.1.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Board before January 1st of the year prior to the year
the withdrawal will be effective. The Party's withdrawal shall become effective on
the last day of the year following delivery and service of appropriate notice to all
other Parties.
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RESOLUTION NO. _______
EXHIBIT A ‐ 10
6.1.2 A Party that withdraws shall remain responsible for any obligations that
arose prior to the effective date of the withdrawal and for any that are specified
under Section __________[???] as surviving a withdrawal. A withdrawing Party
shall be solely liable for any actual costs to the other Parties arising out of or
resulting from the withdrawal. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prior to the effective date of the
withdrawal or, if such amounts are not then established, then within thirty (30)
days after the amount is established.
6.1.3 If Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real or personal property, or any
rights to participate in the PSERN Operator, unless otherwise provided by the
Board of Directors.
7.2 Removal of a Party.
The Board of Directors may, for cause, remove a Party from this Agreement and
terminate the Party's rights to participate in PSERN. Cause may include, but is not
limited to, failure to act in good faith in participating in the Board of Directors and willful,
arbitrary failure to approve and appropriate funds necessary to pay the Party's share of
the costs under this Agreement. If a Party brings a charge against another Party under
this Subsection, neither the Party bringing the charge nor the Party against which the
charge is brought shall have any voting rights on the issues raised before the Board of
Directors. To remove a Party under this Subsection, there shall be a unanimous vote in
support of removal by all voting Board Members. A Party that is removed under this
Section shall pay such costs as may be assessed by the Board of Directors taking into
account all costs to the other Parties caused by, arising out of or resulting from such
removal.
8.0 DISSOLUTION AND TERMINATION
Three (3) or more Parties may, at any one time, by written notice provided to all Parties,
call for a complete dissolution of the PSERN Operator and termination of this
Agreement. Upon an affirmative majority vote by the Board of Directors and an
affirmative majority vote of the legislative bodies of each of the Parties for such
dissolution and termination, the Board of Directors shall establish a task force to
determine how the PSERN System assets, liabilities and properties will be divided upon
dissolution. Final approval of the disposition of the PSERN System assets shall require
an affirmative majority vote by the Board of Directors. Upon an affirmative majority vote
by the Board of Directors and upon an affirmative majority vote of the legislative bodies
of each of the Parties, the PSERN Operator shall be directed to wind up business, and
a date will be set for final termination, which shall be at least one (1) year from the date
of the vote to dissolve and terminate this Agreement. Upon the final termination date,
this Agreement shall be fully terminated.
9.0 LEGAL RELATIONS
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RESOLUTION NO. _______
EXHIBIT A ‐ 11
9.1 Employees and No Third Party Beneficiaries
9.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party's
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
9.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
9.2 Indemnification.
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all Claims,
arising out of, or in any way resulting from, the indemnifying Party's negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of another Party. Where such claims, suits,
or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party's own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. Any loss or liability resulting from the negligent
acts, errors, or omissions of the Board of Directors, Operating Board, Executive Director
and/or staff, while acting within the scope of their authority under this Agreement, shall
be borne by the PSERN Operator exclusively. The provisions of this Section shall
survive the termination, expiration or withdrawal from of this Agreement.
10.0 PUBLIC RECORDS
10.1 Records Keeping Responsibilities.
10.1.1 The Executive Director shall keep records related to the PSERN System
and PSERN Operator as required by state law and in accordance with the
policies, procedures and retention schedules as may be established by the
Administrative Board.
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RESOLUTION NO. _______
EXHIBIT A ‐ 12
10.1.2 Each Party shall keep records related to the PSERN System and PSERN
Operator as required by state law and in accordance with such the policies,
procedures and retention schedules as may be established by the Party, and
each Party shall be responsible for responding to public disclosure requests
addressed to it in accordance with the Washington Public Records Act, Chapter
42.56 RCW, and such procedures as may be established by the Party.
10.1.3 The Executive Director shall be responsible for responding to public
disclosure requests addressed to the PSERN Operator in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as
may be established by the Administration Board.
10.1.4 If a Party or the PSERN Operator or the Executive Director receives a
public records request for records related to the PSERN System or the PSERN
Operator, the recipient of that request shall promptly notify the other parties to
this Agreement, Chair of the Administration Board and the Executive Director.
10.1.5 Absent agreement by the Parties or other arrangements, the recipient of
that request shall remain responsible for responding to the requester. In the
event a request for records is addressed to the PSERN Operator, the Executive
Director or the Board of Directors but specifies records of a single Party, such
Party shall assume responsibility for responding to the request. In the event a
request for records is addressed to the Board of Directors but does not specify
records of a single Party, PSERN shall assume responsibility for coordinating the
Parties' response to the request.
11.0 GENERAL
11.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
11.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
11.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
performance, damages and any other remedies available under this Agreement, at law
or in equity.
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RESOLUTION NO. _______
EXHIBIT A ‐ 13
11.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
11.5 Parties Not Relieved of Statutory Obligation
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered
in satisfaction of the obligation or responsibility.
11.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
11.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Administration Board.
11.8 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation. In any event, if the matter is not resolved, then any Party shall be entitled to
pursue any legal remedy available.
11.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
expressly contained in this Agreement has been made conferring any benefit upon
them.
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RESOLUTION NO. _______
EXHIBIT A ‐ 14
11.10 Amendment Only In Writing
This Agreement may be amended by an affirmative majority vote the Board of Directors
and unanimity of the Parties.
11.11 Notices
11.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Parties' as listed below. Any notice may be given by certified
mail, overnight delivery, or personal delivery. Notice is deemed given when
delivered. Email, acknowledgement requested, may be used for notice that does
not allege a breach or dispute under this Agreement. Email notice is deemed
given when the recipient acknowledges receipt.
11.11.2 The names and contact information set forth in this Agreement shall
apply until amended in writing by a Party providing new contact information to
each other Party and the date the amendment is effective.
11.12 Conflicts
In the event that any conflict exists between this Agreement and any exhibits hereto, the
Agreement shall control.
11.13 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
11.14 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
11.15 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 8 Legal Relations
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RESOLUTION NO. _______
EXHIBIT A ‐ 15
Section 10 Public Records
Section 11.13 Choice of Law; Venue
11.16 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
11.17 Execution and Effective Date.
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such
Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
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RESOLUTION NO. _______
EXHIBIT A ‐ 16
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
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RESOLUTION NO. _______
EXHIBIT A ‐ 17
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
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RESOLUTION NO. _______
EXHIBIT A ‐ 18
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title_____________________________
Date ____________________________ Date ____________________________
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RESOLUTION NO. _______
EXHIBIT A ‐ 19
Attest: Attest:
________________________________ _________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ _________________________________
City Attorney City Attorney
P:\Civil\Files\Open Files\0247-ValleyComGeneral\2014 10-18 DRAFT PSERN Agency Creation ILA -BRUBAKER EDITS.docx
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Sunset Redevelopment Planned Action Ordinance
Amendment
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
1.Issue Paper
2.NEPA Reevaluation and SEPA Addendum
Analysis
3.Parking Analysis
4.Transportation Analysis
5.Noise Analysis
6.Master Site Plan
7.Draft Planned Action Ordinance
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Rocale Timmons, x7219
Recommended Action:
Refer to Committee of the Whole and set Public
Hearing for December 1, 2014
Fiscal Impact:
Expenditure Required: $ 0 Transfer Amendment: $0
Amount Budgeted: $ 0 Revenue Generated: $0
Total Project Budget: $ 0 City Share Total Project: $ 0
SUMMARY OF ACTION:
In May 2011, the City of Renton completed a Record of Decision (ROD) in accordance with the National
Environmental Policy Act (NEPA), and adopted a Planned Action Ordinance in accordance with the State
Environmental Policy Act (SEPA) for redevelopment of the Sunset Terrace area. The NEPA/SEPA Final
Environmental Impact Statement (FEIS) supporting both milestones was issued April 1, 2011. The
number of total dwellings currently under consideration exceeds the number of dwellings studied in the
FEIS and considered in the ROD and Planned Action Ordinance. Further, building heights would be
increased beyond City maximums for the applicable zone, which would require a discretionary
conditional use permit. Setbacks of buildings from the future SR 900 improvement boundaries are less
than for the FEIS Preferred Alternative. Last, the City is considering reclassifying some local streets
serving the Sunset Area to allow a more efficient roadway cross-section while still facilitating
circulation. The City of Renton is proposing to amend its Planned Action Ordinance applicable to the
Sunset Area pursuant to SEPA. An Addendum to the Final EIS has been prepared to evaluate any changes
to impacts associated with the revised master site plan.
STAFF RECOMMENDATION:
Set public hearing on December 1, 2014 to consider adopting the amended Sunset Area Planned Action,
and authorize preparation of the amended Sunset Area Planned Action Ordinance for first and second
reading and adoption on December 8, 2014.
6g. - Community and Economic
Development Department recommends a Page 150 of 307
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
ISSUE PAPER
DATE:November 17, 2014
TO:Don Persson, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Chip Vincent, CED Administrator
STAFF CONTACT:Rocale Timmons, Senior Planner x 7219
SUBJECT:Sunset Redevelopment Planned Action Amendments
ISSUE:
Should the City adopt the Sunset Area Planned Action Amendments?
RECOMMENDATION:
Adopt the amended Sunset Area Planned Action and authorize preparation of the
amended Sunset Area Planned Action Ordinance for first and second reading.
BACKGROUND SUMMARY:
In May 2007, Council adopted land use and zoning changes for the Sunset Area
consistent with the work of the Highland Citizen’s Taskforce on Land Use and Zoning.
Building upon this work the Highlands Phase II Task Force recommended a series of
community and City actions to revitalize this neighborhood. After these
recommendations were adopted by Council in 2009, the City commissioned consultants
to develop the Sunset Area Community Investment Strategy to focus on how the City
could best leverage public investments. One of the recommendations of the
Community Investment Strategy was to complete a Planned Action and Environmental
Impact Statement.
In May 2011, the City of Renton completed a Record of Decision (ROD) in accordance
with the National Environmental Policy Act (NEPA) and adopted a Planned Action
Ordinance in accordance with the State Environmental Policy Act (SEPA) for
redevelopment of the Sunset Terrace area. The NEPA/SEPA Final Environmental Impact
Statement (FEIS) supporting both milestones was issued on April 1, 2011. The Planned
Action included the redevelopment of Sunset Terrace and adjacent properties with
mixed-income, mixed-use residential and commercial space, and public amenities.
6g. - Community and Economic
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November 17, 2014
Page 2 of 3
Since 2011, the redevelopment of the Sunset Terrace area has evolved. The number of
total dwellings currently under consideration exceeds the number of dwellings studied
in the FEIS and considered in the ROD and Planned Action Ordinance. Further, building
heights would be increased beyond City maximums for the applicable zone, which
would require a discretionary conditional use permit. Setbacks of buildings from the
future SR 900 improvement boundaries are less than the FEIS Preferred Alternative.
Last, the City is considering reclassifying some local streets serving the Sunset Area to
allow a more efficient roadway cross-section while still facilitating circulation.
It is expected that, with the Sunset Terrace property and associated properties owned
or purchased by RHA or by private developers (e.g. Colpitts Development Company,
LLC), up to 554 additional new units could be constructed in the Sunset Terrace
Redevelopment Subarea; and there would be up to 722 total units on the Sunset
Terrace property including nearby land swap/housing replacement sites. Public
amenities would be integrated with the development and could include a community
gathering space; civic facilities; a new park/open space; retail shopping and commercial
space; and green infrastructure. As a result of enlarging the park, some buildings would
develop at a greater height and density.
The City, RHA, and Colpitts have prepared a revised Master Site Plan including a new
Conceptual Plan to be developed and approved pursuant to the Renton Municipal Code
(RMC) Title IV (LUA14-001475). This Master Site Plan would facilitate the preparation of
phased detailed Site Plans over time and allow the City to determine consistency with
applicable regulations. The Public Hearing for the Master Site Plan before the City’s
Hearing Examiner has been tentatively scheduled for December 16, 2014 at 11:00 am.
The changes to the development proposal to add more units and height and to address
street standards also require a NEPA Re-evaluation, pursuant to Section 58.47 of US
Department of Housing and Urban Development’s (HUD’s) NEPA regulations,
demonstrating that the original conclusions of the FEIS remain valid.
SEPA also provides a process, using an Addendum to the prior FEIS where new
information or analysis does not substantially change prior conclusions about impacts
(WAC 197-11-706).
An Addendum to the Final EIS has been prepared to evaluate any changes to impacts
associated with the revised Master Site Plan (Attachment A-D). The re-evaluation, after
considering the effects of the revised Master Site Plan and existing and supplemental
environmental documentation, concludes that no substantive change to the findings in
the Record of Decision would occur. The Sunset Area Community Planned Action
NEPA/SEPA EIS adequately examines the impacts of the overall project, and the
proposed changes in the Master Site Plan would not result in modification to those
conclusions.
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Development Department recommends a Page 152 of 307
November 17, 2014
Page 3 of 3
The Re-evaluation and Addendum would result in minor revisions of the ROD and
Planned Action Ordinance to reflect the revised Master Site Plan. Staff is proposing to
amend its Planned Action Ordinance applicable to the Sunset Area pursuant to SEPA.
CONCLUSION:
Adoption of the amended Sunset Area Planned Action ordinance will continue to
implement the recommendations of the Sunset Community Investment Strategy.
Attachment
cc:
Jay Covington, CAO
Gregg Zimmerman, Public Works Administrator
Terry Higashiyama, Community Services Administrator
Mark Peterson, Fire Chief
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September 2014 1
REEVALUATION / ADDENDUM
Renton Sunset Terrace Redevelopment | September 2014
Prepared By: BERK Consulting in association with CH2MHill, Mithun, and Weinman Consulting LLC
1.0 Need for Reevaluation ......................................................................................................................2
2.0 Sunset Area Alternatives ..................................................................................................................3
2.1 Study Area ....................................................................................................................................3
2.2 Land Use Proposals .......................................................................................................................7
2.3 Building Height, Density, Parking and Other Standards .............................................................10
2.4 Facility and Infrastructure Proposals ..........................................................................................12
2.5 Impervious Area..........................................................................................................................15
2.6 Master Plan and Other Discretionary Applications ....................................................................17
2.7 Phasing........................................................................................................................................19
3.0 Environmental Analysis ..................................................................................................................19
3.1 Land Use .....................................................................................................................................19
3.2 Aesthetics ...................................................................................................................................20
3.3 Transportation ............................................................................................................................24
3.4 Noise ...........................................................................................................................................25
3.5 Parks and Recreation ..................................................................................................................25
3.6 Public Services ............................................................................................................................26
3.7 Utilities........................................................................................................................................27
3.8 Other FEIS Topics ........................................................................................................................27
4.0 Conclusions .....................................................................................................................................27
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 2
1.0 NEED FOR REEVALUATION
In May 2011, the City of Renton completed a Record of Decision (ROD) in accordance with the National
Environmental Policy Act (NEPA), and adopted a Planned Action Ordinance in accordance with the State
Environmental Policy Act (SEPA) for redevelopment of the Sunset Terrace area. The NEPA/SEPA Final
Environmental Impact Statement (FEIS)1 supporting both milestones was issued April 1, 2011.
The ROD and Planned Action established a range of growth and associated facility and infrastructure
investments (e.g. park, library, “green streets,” etc.) for the Sunset Area Community Planned Action
Study Area, for the neighborhood as a whole and for the Sunset Terrace Redevelopment, a site then
fully owned by the Renton Housing Authority (RHA). Since May 2011, redevelopment efforts have
continued, including the Demolition and Disposition permit for a Mixed Use Library redevelopment on a
portion of the property and a purchase and sale agreement with a private developer. This has been
followed by a Demolition and Disposition permit for the balance of the Sunset Terrace property allowing
for both market rate and affordable dwellings. RHA has developed plans or has constructed units in the
Sunset Area that could serve as replacement units for Sunset Terrace when redeveloped. There would
be no net loss of affordable units.
The number of total dwellings currently under consideration exceeds the number of dwellings studied in
the FEIS and considered in the ROD and Planned Action Ordinance. Further, building heights would be
increased beyond City maximums for the applicable zone, which would require a discretionary
conditional use permit. Setbacks of buildings from the future SR 900 improvement boundaries are less
than for the FEIS Preferred Alternative. Last, the City is considering reclassifying some local streets
serving the Sunset Area to allow a more efficient roadway cross-section while still facilitating circulation.
As a result of these potential changes, the City is preparing a revised Master Plan including a new
Conceptual Plan to be developed and approved under the Renton Municipal Code (RMC) Title IV. This
Master Plan would facilitate the preparation of phased detailed Site Plans over time and allow the City
to determine consistency with applicable regulations. This will also provide more certainty for members
of the public and private developers.
The changes to the development proposal to add more units and height and to address street standards
also require a NEPA Reevaluation, pursuant to Section 58.47 of US Department of Housing and Urban
Development’s (HUD’s) NEPA regulations, demonstrating that the original conclusions of the FEIS remain
valid.
SEPA also provides a process, using an Addendum to the prior FEIS where new information or analysis
does not substantially change prior conclusions about impacts (WAC 197-11-706).
The purpose of this document is to provide analysis that meets the requirements of both a NEPA
Reevaluation and a SEPA Addendum and that demonstrates the FEIS original conclusions are valid. This
analysis would also provide the basis for ROD or Planned Action Ordinance amendments, if any. This
Reevaluation and Addendum document is structured as follows:
1 CH2MHill and ICF International. 2011. Sunset Area Community Planned Action NEPA/SEPA Environmental Impact Statement.
Final. April. (ICF 00593.10.) Bellevue and Seattle, WA. Prepared for City of Renton and the Renton Housing Authority, Renton,
WA.
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 3
1.Introduction
2.Sunset Area Alternatives
3.Environmental Analysis
4.Conclusions
2.0 SUNSET AREA ALTERNATIVES
2.1 Study Area
The primary study area consists of the original Sunset Terrace Public Housing Boundary (approximately
7.3 parcel acres) plus several sites that are planned (or were constructed) for housing redevelopment
either on Master Plan sites or on housing replacement sites or “swap sites” (approximately 6.8 parcel
acres).
Exhibit 1 shows active Sunset Area Revitalization Projects. Sites A through O and X are a primary focus of
this Reevaluation and Addendum; of these, sites D, E, and G through O are included in a Master Plan
Application.
All sites on Exhibit 1 were evaluated in the EIS for the Sunset Area Community Planned Action Area
shown in Exhibit 2. Additionally all of the Master Plan Sites were considered in the Potential Sunset
Redevelopment Study Area (shaded in purple) shown in Exhibit 3.
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 4
Exhibit 1. Revitalization Projects
X – Library Site (2013)
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 5
Exhibit 2. Planned Action Area
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Exhibit 3. Renton Sunset Terrace Redevelopment Area and Swap Sites
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2.2 Land Use Proposals
In total, 722 dwelling units are proposed on sites A through O and X. About 544 of these units are
proposed on Master Plan sites D, E, and G through O. See Exhibit 4 for a summary and Exhibit 6 for a
detailed breakdown by site. Additionally, there is a range of commercial space with a low end of 19,500
consistent with more recent planning efforts, and an upper range established in the FEIS of 59,000.
Exhibit 4. Summary of Total Units Proposed for Study in Reevaluation
Location
Land Area
(acres)
Total
Dwelling
Units
Commercial
Square Feet
Master Plan Sites
Master Plan Sites: Sunset Terrace Redev. A-C, Sunset Terrace Apts, Sunset Park
Townhomes E and W (Sites D, E, and H to J)
5.06 544 4,500-39,500
Library (Site K)15,000
Sunset Park and Regional Stormwater Facility (Sites L and M)3.2 -
NE 10th and Sunset Lane Loop (Site N and O)1.61 -
Other Sunset Terrace Study Area Sites: Edmonds-Glenwood (Sites A and C)2.35 120
Swap Sites: Kirkland Avenue (B), Sunset Court (F), Library Site for Future
Surplus (X)
3.06 58
Total 15.28 722 19,500-59,000
Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, MIthun, BERK 2014
Two alternatives were addressed in the NEPA Record of Decision (ROD) and the Planned Action
Ordinance as selected alternatives: Alternative 3 and a Preferred Alternative. See Exhibit 5. These
alternatives represented the higher growth levels studied in the EIS. The mitigation documents in the
ROD and Planned Action Ordinance were based on the range of growth of the two Selected Sunset Area
Alternatives.
Exhibit 5. Comparison of Net Growth in Sunset Terrace and Neighborhood Alternatives
Net New Growth
Alternative 3 Preferred Alternative Reevaluation Alternative
Dwelling Units/Jobs
Neighbor-
hood
Sunset
Terrace
Neighbor-
hood
Sunset
Terrace
Neighbor-
hood
Sunset
Terrace
Dwelling units 2,506 479 2,339 266a 2,506 554b
Population 5,789 1,106 5,403 614a 5,789 1,279
Employment SF 1,310,113 59,000 1,247,444–
1,259,944
38,100 1,310,113 19,500-
59,000
Jobs 3,330 182 3,154–3,192 117 3,330 60-182
a Does not include approximately 90-100 units to be developed on land swap/housing replacement sites.
b Similar to the FEIS, the Sunset Terrace study area Master Plan sites D, E, G to J and L to O, plus sites A and C.
Source: FEIS 2011, BERK 2014
The purpose of identifying two “Selected Sunset Area Alternatives” was to define a range of acceptable
growth and designs considering the conceptual nature of the Sunset Terrace redevelopment plans as
well as the 20-year time horizon of the broader neighborhood planned action. The Preferred Alternative
was similar to Alternative 3 with slightly lower growth and a reconfiguration of park space and road
network. The two alternatives were similar in terms of potential beneficial and adverse impacts and
required mitigation measures.
Since the original FEIS analysis, additional site planning has occurred and some changes in units are
proposed (~ 90 more units than Alternative 3 in the Sunset Terrace area; neighborhood totals remain
the same). See Exhibit 7 for the Master Plan Proposals. The City is also proposing a larger park than was
considered under either of the selected alternatives, and commensurately some buildings have
increased in height or numbers of units. Some streets are proposed for reclassification to achieve the
circulation proposals and “green streets” in the EIS. Setbacks of buildings from the future SR 900
improvement boundaries are less than for the Preferred Alternative. As the analysis in this document
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shows, no substantive changes in conclusions or required mitigation are needed as a result of the
revised alternative, which is termed the “Reevaluation Alternative”.
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Exhibit 6. Study Area and Master Site Plan Properties – Total Units Under Review
Site Name EIS Study Area Status Acres
Proposed
Units
Added
Reevaluation
Units
Total Units
Reviewed in
Reevaluation
A Glennwood Townhomes Sunset Terrace Redevelopment Constructed RHA 0.65 8 8
B Kirkland Avenue Townhomes Swap Site, North Study Area Under Construction RHA 0.77 18 18
C Edmonds Apartments Sunset Terrace Redevelopment Future Development RHA 1.70 99 13 112
D Sunset Terrace Apartments Sunset Terrace Redevelopment Part of Master Site Plan 0.51 41 13 54
E Sunset Park West Townhomes Sunset Terrace Redevelopment Part of Master Site Plan 0.55 10 10
F Sunset Court Townhomes Swap Site, Central Study Area Future Development RHA 0.88 15 15
G Sunset Park East (Piha) Townhomes & Apts Sunset Terrace Redevelopment Part of Master Site Plan 1.09 56 1 57
H Sunset Terrace Dev. Building A Sunset Terrace Redevelopment Part of Master Site Plan 0.99 111 6 117
I Sunset Terrace Dev. Building B Sunset Terrace Redevelopment Part of Master Site Plan 1.18 188 8 196
J Sunset Terrace Dev. Building C Sunset Terrace Redevelopment Part of Master Site Plan 0.74 104 6 110
K Renton Highlands Library Sunset Terrace Redevelopment Part of Master Site Plan See H
L Regional Stormwater Facility Sunset Terrace Redevelopment Part of Master Site Plan See M
M Sunset Park Sunset Terrace Redevelopment Part of Master Site Plan 3.2
N Sunset Lane Loop Improvements Sunset Terrace Redevelopment Part of Master Site Plan 1.41
O NE 10th Street Extension Improvements Sunset Terrace Redevelopment Part of Master Site Plan 0.20
X Library Site (2013)Swap Site, Central Study Area Future Development 1.41 25 25
Totals 15.28 675 47 722
Total Units: Difference Master Plan Proposals with EIS Preferred Alternative +162 +209
Total Units: Difference with EIS Alternative 3 +43 +90
Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, MIthun, BERK 2014
Notes: Shaded sites = Master Plan Sites.
Note: Units may be redistributed among sites provided the Reevaluation conclusions are maintained.
Re-evaluation units are 90 units more than the Alternative 3 total and are spread generally to reflect: 1) Development of Sunset Court at 15 units (not originally part of Alternative
3 though considered to be part of the Preferred Alternative); 2) 13 units to the Edmonds Apartments to match the level studied in Alternative 3; 3) RHA preferences for share and
distribution (10 units to Site D Sunset Terrace Apartments, 1 unit to Site G Sunset Park East (Piha), and 3 to spread as wished, but applied for a conservative analysis to Site D to
consider highest possible density above the individual zone limit); and 4) distributed roughly in proportion to proposed units and rounded to even numbers for analysis purposes
only since the proposed 20 units may be spread in any combination to Sites H, I, and J .
Parcel acres for properties along SR 900 assume dedication of ROW per the 2011 SR 900 Conceptual Plan and 0 feet front yard setback. Lot depths are 125 feet east of Harrington
Avenue NE for Lots 9/10, and 130 west of Harrington Avenue NE to allow for sufficient depths of buildings that have underbuilding parking, odd geometries and a small setback
from Sunset Lane NE. 6g. - Community and Economic Development Department recommends a Page 162 of 307
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Exhibit 7. Reevaluation Alternative: Master Plan Sites
Note: Site 7/8 may be Residential or Mixed Use.Prepared by: Mithun6g. - Community and Economic Development Department recommends a Page 163 of 307
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2.3 Building Height, Density, Parking and Other Standards
Four locations in the Master Plan, all zoned Center Village (CV) and lying south and west on the original
Sunset Terrace public housing property, now propose plans that are different than standard code
requirements for building height, density, onsite open space, setbacks, and building coverage: Sites D, H,
I, and J. Other code interpretations are needed for clarity, such as parking for civic uses (Site M, Park) or
to allow the potential for joint parking arrangements (Sites H and I). Some of these variations require
additional permits while others require modification through site plan review. Each topic is addressed
below. See also Section 2.5 regarding building coverage.
Building Height
The FEIS Preferred Alternative and Alternative 3 assumed that the heights in the zoning districts would
be the maximum height of future development. In four locations, the Reevaluation Alternative would
exceed the maximum height of the zone (see Exhibit 8):
Site D Sunset Terrace Apartments, Property 5: A multifamily building is proposed at 60 feet instead
of the zone maximum of 50 feet attaining an additional story.
Site H Sunset Terrace Dev. Building A, Property 9: A mixed use building is proposed at 68 feet
instead of 60 feet allowed for buildings with ground floor commercial.
Site I Sunset Terrace Dev. Building B, Property 7/8: A multifamily residential building is proposed at
62 feet instead of 50 feet allowed for single use development.
Site J Sunset Terrace Dev. Building C, Property 6/7: A multifamily residential building is proposed at
58 feet instead of 50 feet allowed for single use development.
The increases in height are proposed to accommodate the larger park site, which has increased beyond
the range of alternatives in the FEIS; in exchange for the larger open space the buildings have increased
in height to accommodate additional dwelling units. The increased height would require approval of a
conditional use permit (RMC 4-9-030 Conditional Use Permits), addressed in the Master Plan
Application, under separate cover. The potential aesthetic effects are addressed in Reevaluation Section
3.0.
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Exhibit 8. Height Analysis
Project Name
Total
Proposed
Units with
Reevaluation
Proposed
Building
Height in Feet
RHA Sunset Terrace- Sunset Area Replacement and Affordable Housing Units
D Sunse t Te rrace Apartments 0.51 54 60.0 50.00 10.0
E Sunse t Park West Townhome s 0.55 10 30.0 30.00 -
G Sunse t Park East (Piha) Townhomes and Apartments 1.09 57 48.0 50.00 (2.0)
Othe r Sunset Te rrace Public and Private Projects -
H Sunse t Te rrace Dev. Building A 0.99 117 68.0 60.00 8.0
I Sunse t Te rrace Dev. Building B 1.18 196 62.0 50.00 12.0
J Sunse t Te rrace Dev. Building C 0.74 110 58.0 50.00 8.0
K Renton Highlands Library See lot 9 27.0 60.00 (33.0)
L Regional Stormwate r Faci lity See park
M Sunse t Park 3.20
N Sunse t Lane Loop Improvements 1.41
O NE 10th Street Ex te nsion, Improveme nts 0.20
Total Sunset Terrace Improvement Projects 9.87 544
Density Exlcluding Rights of Way 544
Greater or
Lesser Than
Maximum
Height
Property Area
per Site Plans
Zone
Maximum
Height
Note: On Site I, if the building included mixed uses, the zone maximum height would be 60 feet, which would alter the
amount by which the building exceeds the height.
Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, BERK 2014
Density
The same four sites exceeding height would individually exceed the maximum density of the CV Zone as
shown in Exhibit 9. Viewed in the context of the overall Sunset Terrace public housing site (Sites D, H, I, J
and M), which since 2011 has been planned comprehensively as a coordinated mixed use
redevelopment project with park amenities, the density would equal about 65 units an acre, which is
less than the 80 units per acre maximum.
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Exhibit 9. Density Analysis
Project Name
Total
Proposed
Units with
Reevaluation
Density
Reeval uation
Zone
Maximum
Density
Greater or
Lesser than
Maximum
Density
RHA Sunset Terrace- Sunset Area Replacement and Affordable Housing Units
D Sunse t Te rrace Apartments 0.51 54 106.8 80.0 26.8
E Sunse t Park West Townhome s 0.55 10 18.3 18.0 0.3
G Sunse t Park East (Piha) Townhomes and Apartments 1.09 57 52.2 80.0 (27.8)
Othe r Sunset Te rrace Public and Private Projects
H Sunse t Te rrace Dev. Building A 0.99 117 118.2 80.0 38.2
I Sunse t Te rrace Dev. Building B 1.18 196 166.0 80.0 86.0
J Sunse t Te rrace Dev. Building C 0.74 110 148.3 80.0 68.3
K Renton Highlands Library See lot 9
L Regional Stormwate r Faci lity See park
M Sunse t Park 3.20
N Sunse t Lane Loop Improvements 1.41
O NE 10th Street Ex te nsion, Improveme nts 0.20
Total Sunset Terrace Improvement Projects 9.87 544 55.1
Density Exlcluding Rights of Way 544 62.8
Note : Densi ty for sites part of ori ginal Sunset Terrace, including Park (D, H-M)7.3 477 65.3
Property Area
per Site Plans
Note: Parcel acres for properties along SR 900 assume dedication of ROW per the 2011 SR 900 Conceptual Plan and 0 feet
front yard setback. Lot depths are 125 feet east of Harrington Avenue NE consistent with the VEER site plan for Lots 9/10, and
130 west of Harrington Avenue NE to allow for sufficient depths of buildings that have underbuilding parking, odd geometries
and a small setback from Sunset Lane NE.
Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, BERK 2014
Site E, Sunset Park West Townhomes proposes a density of 18.3 units. The R-14 zone allows a maximum
of 18 units per net acre subject to criteria such as providing affordable housing plus site amenities or
well-designed parking. The density of 18.3 units per acre is slightly above 18 units per acre; however the
definition of net density in RMC Chapter 4-11 allows the City to round down when fractional density
numbers are less than 0.5.
Parking
In total, across all Master Plan sites, 745 parking stalls are proposed. See Attachment A. On Site H if the
number of units is slightly increased per Exhibit 6 above, about 6 more stalls would be needed on that
block; however there is more than needed parking on Site I. A Joint Parking Agreement could be
developed prior to future site plan approval addressing any shared parking arrangements, provided
parking is within 750 feet of the intended site (4-4-080(E)(3)).
RMC4-4-080(F)(10) does not specify a parking standard for parks, and a Director’s determination would
be needed; as a neighborhood park primarily serving adjacent development, non-motorized travel
would be the primary mode of arriving at the park. Both the park and the regional storm water facility
require maintenance access and load/unload areas which have been identified and located through the
master planning process.
Regarding the library, there appears to be a mis-print in the code requiring 40 stalls per 1,000 square
feet of cultural space, but the likely required rate was intended to be 4 per 1,000 square feet; this topic
was addressed in the Site Plan Review approval previously issued for the library site.
Onsite Open Space
In the CV zone, common open space is required to be provided at a rate of fifty (50) square feet per unit.
The City may allow substitutions in light of the public park provided adjacent to the properties. See RMC
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4-1-240 for Common Open Space Substitutions. This would likely require payment of a Fee in Lieu of
Common Open Space. This would be addressed in future Site Plan Review applications.
Private open space is required to be provided for each dwelling unit. A preponderance of the future
dwelling units will have private open space such as in the form of decks. However, at the time of Site
Plan Review, the Director may approve modifications such as a percentage of units that may have
alternative private open space standards if meeting the overall intent of design standards and other
criteria at 4-3-100(F) and RMC 4-9-250(D).
Setbacks
The CV zone setback requires a minimum 10 foot setback which may be reduced to 0 feet as part of the
site plan development review process, provided blank walls are not located within the reduced setback.
The conceptual Master Plan reflects the future boundary of SR 900 once improvements are made per
the plans in the 2011 FEIS. With the difficult property configuration along SR 900 (a “U”dip) and the
Sunset Lane to the north, the depth of the lots is constrained particularly at Site H. Therefore, as part of
this Master Plan approval, the City will allow setbacks of 0 feet matched to the future right of way line
needed to accommodate SR 900 improvements. The City may also allow 0 foot setbacks from Sunset
Lane NE; the library site has already been partly under construction and has at least a five foot setback
from NE Sunset Lane.
2.4 Facility and Infrastructure Proposals
Sunset Park and Regional Stormwater Facility
Considering the need to address the future boundary of SR 900 and the desire to meet recreational
needs of the future residents, the Sunset Park space was increased from the Preferred Alternative range
of 2.1-2.65 acres (FEIS Chapter 2 and Appendix C) to 3.2 acres. The future 3.2 acre (approximate) Sunset
Neighborhood Park in the current Master Plan Application is in a public master planning phase and is the
subject of ongoing public meetings. A regional stormwater facility will be co-located within the future
park site, (the location of which has been determined through soils analysis), and is also included as part
of the master planning process (Preferred Concept-Storm Water Facility). Potential recreation amenities
to be included will be consistent with the Design Guidelines for Neighborhood Parks as adopted in the
Parks, Recreation and Natural Areas Plan (2012).
A perimeter park sidewalk (on park property) will not be included; curbs will be provided. Specific
design details for either the Sunset Neighborhood Park or the Regional Stormwater Facility will be
determined during the design phase. The anticipated final park conceptual master plan adoption date is
December 2014.
See parking section above regarding load and unload spaces.
Street Reclassifications
The City is considering street reclassifications and two new street sections for roads that have 60-foot
rights of way presently: Green Collector and Neighborhood Collector. See the preliminary Exhibit 10.
Based on a review by CH2MHill, the 60 foot right of way is consistent with the “Green Connections”
cross section in the Sunset Area Surface Water Master Plan. However, the Green Connections can only
be implemented in some locations and therefore a 60 foot cross-section for a Neighborhood Collector is
also proposed.
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Exhibit 10. Street Reclassification Map
Source: City of Renton CED 2014; BERK 2014
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Sunset Lane NE and the extension of NE 10th would consist of a local access loop road, and have a width
of 49 feet. See Exhibit 11.
Exhibit 11. Sunset Lane NE and NE 10th Typical Section
Source: CH2MHill 2014
2.5 Impervious Area
Land Cover Analysis
In support of the NEPA/SEPA process, an analysis of change in impervious surfaces was addressed in the
FEIS. Additionally, consistent with the requirements of Section 7 of the Endangered Species Act (ESA),
the proposal has been evaluated with respect to its potential effects on species listed or proposed for
listing under the ESA. A biological assessment was prepared and submitted to the National Marine
Fisheries Service (NMFS) in December 2010 for its concurrence with a finding that the proposal may
affect, but is not likely to adversely affect, anadromous fish protected under the ESA, and would have no
effect on any ESA-protected species under U.S. Fish and Wildlife Service jurisdiction. The City and NMFS
corresponded in January, February, and April 2011 on NMFS questions. The City received a letter of
concurrence in May 2011.
Exhibit 12 shows the land cover analysis associated with FEIS Alternative 3, and Exhibit 13 shows the
analysis associated with the Preferred Alternative.
Exhibit 12. FEIS Alternative 3 Land Cover Analysis
Location
Total Area
(acres)
Total
Impervious
Area (acres)
Total
Pervious Area
(acres)
Total PGIS
(acres)
Total
Untreated
PGIS (acres)
Effective
Impervious
(acres)
Potential Replacement Sites 3.06 2.28 0.78 0.62 0.26 2.14
Potential Sunset Terrace
Redevelopment Subarea
12.64 7.04 6.02 2.43 0 4.22
Total 15.70 9.32 6.80 3.05 0.26 6.36
Source: CH2MHill, April 29, 2011, memo to Erika Conkling, City of Renton, Summary of Sunset Terrace Land Coverage Analysis
in Response to NMFS Comments
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Exhibit 13. FEIS Preferred Alternative Land Cover Analysis
Location
Total Area
(acres)
Total Impervious
Area (acres)
Total Pervious
Area (acres)
Total PGIS
(acres)
Total Untreated
PGIS (acres)
Effective
Impervious
(acres)
Potential Replacement Sites 3.06 2.57 0.49 0.41 0 2.39
Potential Sunset Terrace
Redevelopment Subareaa
12.64 6.1 6.54 1.7 0 3.66
Total 15.70 8.67 7.03 2.11 0 6.15
Source: CH2MHill, April 29, 2011, memo to Erika Conkling, City of Renton, Summary of Sunset Terrace Land Coverage Analysis
in Response to NMFS Comments
A preliminary analysis of land cover in the Potential Sunset Terrace Redevelopment Subarea has been
prepared in Exhibit 14, relying on preliminary site plans for Master Plan sites (D, E, G, H, I, J, K, L, M, N,
and O) plus built conditions for the Glennwood Townhomes (Site A; using Google Earth measurements)
and the Alternative 3 layout for Edmonds Apartments (Site C). An assumption for the Park/Regional
Stormwater area (Site L and M) is that 35% of the 3.2 acre area would be impervious; however the
property is in the design phase and this is speculative.
In comparison to Alternative 3, the preliminary analysis indicates that total acres within the Potential
Sunset Terrace Redevelopment Subarea is slightly lower due to adjustments in rights-of-way needs, and
the total impervious area is also a little lower due to the lesser Sunset Terrace Right-of-Way and larger
park. While total pervious is a little lower, there are also less pollutant generating impervious surfaces
(PGIS) as there appears to be less surface parking in the Master Plan than in Alternative 3. Effective
impervious area is also a little lower than Alternative 3. Therefore the Reevaluation Alternative is in the
range of the prior analysis and no further analysis or conditions are needed in association with the
Master Plan. NMFS was contacted on April 7, 2014 (pers com Janet Curran, NMFS) and indicated that
informal communication with information demonstrating no new impacts would suffice for the record.
The City has contacted NMFS with documentation as part of this review process in September 2014.
Exhibit 14. Preliminary Land Cover Analysis Master Plan and Related Sites
Location
Total Area
(acres)
Total Impervious
Area (acres)
Total Pervious
Area (acres)
Total PGIS
(acres)
Total Untreated
PGIS (acres)
Effective
Impervious
(acres)*
Potential Sunset Terrace
Redevelopment Subarea
12.22 6.87 5.35 1.21 0 4.12
Source: Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, CH2MHill, BERK 2014
Note: *Per FEIS & BA, assumes that 40% of the impervious area in the site would be mitigated with flow control BMPs.
Assumes that 35% of the 3.2 acre park site would be impervious.
The regional stormwater facility in Sunset Park will address flow control for SR 900 roadway water
quality treatment. Onsite developments would provide for their own water quality treatment. The
regional facility in the Park is designed for SR 900 and is not designed to receive any stormwater from
the Master Plan area, and per the grant funding, this site cannot be used for mitigation.
Lot Coverage Analysis
The Renton Zoning Code includes standards for building cover in the CV and R-14 zones and maximum
impervious surface levels in the R-14 zone. All sites meet lot coverage standards, except for Sites D, H/K,
I, and J individually. See Exhibit 15. However, collectively, with the Park site the CV zone sites do meet
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the CV zone requirements, and is consistent with the overall Master Plan approach to the sites. Site E
meets the maximum 85% impervious coverage with only 53% in coverage.
Exhibit 15. Lot Coverage Analysis
Site Letter Building Name Zone Total Acres
Total Lot /Site
Area (sq ft)
Total Bldg Area
Foot print(s) ( sq ft )
Lot Coverage
Percent Zone Standard*Difference
D Suns et Ter ra ce Apa rtments CV 0.51 22,024 11,250 51%65%-23.9%
75%
E Suns et Park Townhomes Wes t R-14 0.55 23,779 6,000 25%None -39.8%
G
Suns et Park Townhomes Eas t
(Pi ha Si te)CV 1.09 47,602 22,105 46%65%-28.6%
75%
H
Suns et Terra ce Devel opments Lots
9/10 CV 0.99 43,124 38,680 90%65%14.7%
K Li bra ry
I ncl udes 15K
l i bra ry 75%
I
Suns et Terra ce Devel opments Lots
7/8 CV 1.18 51,418 41,799 81%65%6.3%
75%
J
Suns et Terra ce Devel opments Lots
6/7 CV 0.74 32,300 28,017 87%65%11.7%
75%
M Suns et Nei ghborhood Pa rk CV 3.20 139,392 0%65%-75%
L i ncl udi ng Stormwater Fa ci l i ty 75%
Total Al l Ma s ter Pl an Lots , excl udi ng Ri ghts of Wa y 8.26 359,639 147,851 41%
Total CV Zone Onl y 7.71 335,860 141,851 42%
Source: Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, CH2MHill, BERK 2014
Note: *CV Zone: 65% of total lot area or 75% if parking is provided within the building or within an on-site parking garage.
Parcel acres for properties along SR 900 assume dedication of ROW per the 2011 SR 900 Conceptual Plan and 0 feet front yard
setback. Lot depths are 125 feet east of Harrington Avenue NE consistent with the VEER site plan for Lots 9/10, and 130 west of
Harrington Avenue NE to allow for sufficient depths of buildings that have underbuilding parking, odd geometries and a small
setback from Sunset Lane NE.
2.6 Master Plan and Other Discretionary Applications
Most immediately, the City is intending to consider a Master Plan per RMC 4-9-200. For each Master
Plan site, a number of current and future permits are also anticipated. See Exhibit 16. Additionally, in
association with the Master Plan approval, a conditional use permit to exceed height standards
consistent with RMC 4-9-030 is proposed. Administrative allowances for 0 foot front yard setbacks are
under consideration. Interpretations of cumulative density and lot coverage in light of the park area, and
the Director’s determination regarding parking for the Sunset Park site are also being addressed in
association with the Master Plan.
The Reevaluation and Addendum also result in minor revisions of the ROD and Planned Action
Ordinance to reflect the revised master plan.
Other permits and approvals would also follow, such as lot line adjustments/subdivisions, right of way
dedications and easements, phased / detailed site plans and associated design modifications where
appropriate. Last, building and construction permits would be sought.
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Exhibit 16. Matrix of Permits
Site Project Name Master PlanHeight CUPDensity InterpretationParking Rate InterpretationStreet Reclass-ificationsNEPA/SEPA ReevaluationROD/Planned Action AmendmentLot Line Adjustment or SubdivisionROW Dedication / EasementsSite Plan ReviewDensity BonusMod: Open SpaceMod: TransparencyMod: Blank WallMod: ModulationBuilding & Construction PermitsRHA Sunset Terrace- Sunset Area Replacement and Affordable Housing Units
D Sunset Terrace Apartments X X X X X X X X
E Sunset Park West Townhomes X X X X X X X X
G Sunset Park East (Piha) Townhomes and Apartments X X X X X
Other Sunset Terrace Public and Private Projects
H Sunset Terrace Dev. Building A X X X X X X X X X X X
I Sunset Terrace Dev. Building B X X X X X X X X X X X X
J Sunset Terrace Dev. Building C X X X X X X X X X X X X
K Renton Highl ands Library X X X X
L Regional Stormwater Facility X X X X
M Sunset Park X X X X X
N Sunset Lane Loop Improvements X X X X
O NE 10th Street Extensi on, Improvements X X X X
Not Appl icable: Al ready approved
Permits with Site Plan ReviewApprovals and Permits Summer 2014 Future Permits
Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, BERK 20146g. - Community and Economic Development Department recommends a Page 172 of 307
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2.7 Phasing
The redevelopment of the study area and broader neighborhood was anticipated to occur over a
number of years. The Master Plan sites will generally be phased over a 10 year period in approximately 5
phases. See Exhibit 17.
Exhibit 17. Site Phasing
Phasing
RHA Sunset Terrace- Sunset Are a Replacement and Affordable Housing Units
A Glennwood Townhomes 1141-47 Gle nnwood Ave NE Compl ete d
B Ki rkland Avenue Townhomes 1508-22 Ki rkl and Ave Phase 1
C Edmonds Apartments Edmonds Ave NE Site Phase 5
D Sunset Te rrace Apartme nts Sunset Terrace Lot 5 Phase 4
E Sunset Park West Townhomes Node Lots Phase 5
F Sunset Court Townhomes 1104 Harrington Ave NE
G Sunset Park East (Piha) Townhomes and Apartments NE 10th Site Phase 5
Other Sunse t Terrace Public and Private Projects
H Sunset Te rrace Dev. Building A Sunset Terrace Lot 9 Phase 1
I Sunset Te rrace Dev. Building B Sunset Terrace Lots 7/8 Phase 2
J Sunset Te rrace Dev. Building C Sunset Terrace Lots 6/7 Phase 3
K Renton Highlands Li brary Sunset Terrace Lot 10 Phase 1
L Regional Stormwater Facili ty Sunset Terrace Lot 12 Phase 2
M Sunset Park Sunset Terrace Lot 12 Phase 4
N Sunset Lane Loop Improve ments Sunset Lane NE Ex tended with Utili ti es
O NE 10th Street Ex tensi on, Improvements 2800-2900 NE 10th St Ex tended with Utili ti es
X Li brary Site 2902 NE 12TH ST Phase 5
Sources: Veer, Schemata, Colpitts, City of Renton, Renton Housing Authority, BERK 2014
3.0 ENVIRONMENTAL ANALYSIS
The analysis of each element of the environment below compares the conclusions from the FEIS
selected alternatives (Alternative 3 / Preferred Alternative) to the Reevaluation Alternative. It concludes
that the revised Master Plan would not change impacts significantly from those identified in the FEIS.
3.1 Land Use
The Land Use analysis in the FEIS concluded that the Sunset Area subarea would advance the
Comprehensive Plan and zoning code Center Village (CV) concept. . It would serve as an incentive for
other redevelopment opportunities near the study area. Anticipated growth would also help the City
meet its 2031 housing and employment targets. These conclusions are still valid for the Reevaluation
Alternative which promotes a mixed use redevelopment with open space and civic amenities.
Selected Sunset Area Alternatives anticipated a range of 266-479 more dwelling units than existing
conditions in a mixed-use development that integrates commercial and civic spaces. The Reevaluation
Alternative would provide a maximum of 554 net units in the Potential Sunset Terrace Redevelopment
subarea; a, greater number of units would be located in the immediate study area, but net growth in the
overall Sunset Area neighborhood would not change from that evaluated in the FEIS. The Reevaluation
Alternative would continue to implement the overall vision for the Sunset Area neighborhood in City
plans and codes. Where there are differences between the Revaluation Alternative and specifics of the
Renton Municipal Code (RMC), application for modifications or conditional uses would be made; the City
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will evaluate such proposals based on the City’s adopted criteria, which promote compliance with the
intent of standards. Therefore, no changes in overall FEIS conclusions are anticipated.
FEIS mitigation measures would still be applicable and appear to be well implemented by the
Reevaluation alternative since it provides a “protected” large open space, the most intensive
development along SR 900, and less intense development on the north side of the loop road:
The City shall require construction plans to:
Locate the majority of the most intensive non-residential development along or near NE Sunset
Boulevard, where possible.
Implement proposed open space and landscape features to offset the proposed intensification of
land uses on the site.
Provide new opportunities for public open space area.
As part of site design, emphasize transitions in density, with less intense densities where abutting
lower-intensity zones. (ROD Attachment C, Table 16)
The City’s site plan review and construction review processes are in place to coordinate dedications and
easements:
The City and RHA should coordinate on future Sunset Terrace redevelopment and Planned Action Study
Area streetscape improvements to ensure that property acquisition that affects buildings is minimized.
(ROD Attachment C, Table 16)
3.2 Aesthetics
As described in Sections 2.2 and 2.3, the Reevaluation Alternative will incorporate approximately 90
more housing units than the number proposed under FEIS Alternative 3. Reconfiguration of the central
park has reduced the footprints of adjacent buildings, commensurately increasing height and density at
these locations. The following sections provide an overview of existing conditions and evaluate the
aesthetic impacts associated with these changes.
Environmental Context
Existing aesthetic conditions are documented in detail in Chapter 3.12.1 of the Draft NEPA/SEPA EIS. As
described in that document, the built environment in the study area generally consists of one- and two-
story single-family, multifamily, and commercial buildings at relatively low development intensity,
though some three-story apartment buildings are present, as well. Much of the housing stock in the area
is older, and many of the structures, both residential and commercial, are in need of repair.
Overall, visual bulk, as well as light and glare, are quite low. Most of the light and glare present in the
study area is generated by vehicular traffic on NE Sunset Boulevard. Sidewalks in the area are often
narrow or not present, and the streetscape is generally lacking in pedestrian amenities, though mature
street trees are present in many areas.
Impacts
As described in Section 2.0, the construction of additional housing units in the Sunset Terrace
Redevelopment Area, combined with reconfiguration of the park, would result in additional building
height beyond the level studied under Alternative 3 or the Preferred Alternative studied in the
NEPA/SEPA EIS, specifically at Sites H, I, and J proposed for development along NE Sunset Boulevard.
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See Exhibit 18 which shows proposed maximum heights under consideration (depending on location 52-
68 feet in building heights are proposed; the diagram shows elevations at 50, 60, and 70 feet). The focus
is on the subject site; while current buildings on adjacent sites to the south are lower scale presently,
they have similar CV zoning and ability to achieve 50-60 feet in height.
Visual Character
Relative to Alternative 3 and the Preferred Alternative, the Reevaluation Alternative would represent
very minor additional changes to the visual character of the Sunset Terrace Redevelopment Area. The
overall character of the neighborhood would continue its transition from a low-rise, low-intensity land
use pattern to a higher-density, mixed-use, pedestrian-oriented village. Though the Reevaluation
Alternative would further intensify this pattern, improvements to the streetscape and pedestrian
environment that will accompany future development, such as bicycle lanes, planted medians, and
enlarged sidewalks, will provide aesthetic improvements over the current visual character of the area.
With application of required design standards and implementation of the mitigation measures
established in the NEPA/SEPA EIS, no additional significant adverse impacts to visual character are
anticipated.
Height and Bulk
The Reevaluation Alternative would introduce additional building height in the Sunset Terrace
Redevelopment, beyond the level evaluated in the NEPA/SEPA EIS. Alternative 3 evaluated building
heights of 2-4 stories, which was within the range of current zoning regulations. The Reevaluation
Alternative would introduce building heights of 5-6 stories along NE Sunset Boulevard, which would
exceed the current maximum height allowed by zoning. This would increase the visual prominence of
development in the Sunset Terrace Redevelopment Area, particularly given the location of future
buildings on Sites H, I, and J along NE Sunset Boulevard, which is a high-traffic street. Site D with an
additional story would be greater in height than development to the west. Exceeding the maximum
allowed building height would require a conditional use permit from the City, to which conditions may
be applied to mitigate potential impacts of views from public spaces such as SR 900 and the future
Sunset Park.
The Reevaluation Alternative would also, however, include a larger amount of park space in the
Redevelopment Area, which would provide a substantial amenity to area residents and reduce the
overall visual impression of height and bulk from viewers located further northward of the loop road or
in development west of the site. For park users, who would be closer to the proposed buildings,
increased height could create a perception for park uses of being surrounded by buildings looming over
them, depending on design treatments. There would be increased height and bulk from the perspective
of pedestrians on NE Sunset Boulevard. Thus small adjustments to reduce height and bulk related to the
increased height and intensity of the structures would reduce impacts. Current city design standards
address some aspects of this through standards addressing building modulation and roofline variation;
additional consideration of City design standards regarding upper story setbacks is recommended.
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Exhibit 18. Heights allowed with Conditional Use Permit
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Shade and Shadow
While the Reevaluation Alternative would introduce greater building heights in the Sunset Terrace
Redevelopment Area, the incremental effect on shading conditions would be minor. The nearby
pedestrian areas are already likely to experience some moderate shading from buildings and street trees
under Alternative 3 and the Preferred Alternative, as described in the NEPA/SEPA EIS.
Increased height on Sites D, H, I, and J at the southern and western end of the Redevelopment Area
would have the potential to slightly increase the length of shadows cast on the interior park to the
north. However, reconfiguration of the park to increase its size as part of the updated Master Site Plan
process would ameliorate this to some degree, and the application of design standards would further
reduce shading impact from increased building height.
Mitigation Measures
Incorporated Plan Features
The Reevaluation Alternative provides for a larger park space than originally proposed with the
Preferred Alternative and Alternative 3 in the FEIS.
Adopted Regulations
All development under the Reevaluation Alternative will be required to comply with adopted City of
Renton development regulations, as described in the FEIS, including standards regarding site design,
open space, residential design, pedestrian amenities, architectural features, and exterior lighting. Of
particular relevance to the proposed height increase is RMC 4-3-100E.1.
RMC 4-3-100E.1, Transition to Surrounding Development, requires:
At least one of the following design elements shall be used to promote a transition to surrounding uses:
1. Building proportions, including step-backs on upper levels in accordance with the surrounding planned
and existing land use forms; or
2. Building articulation to divide a larger architectural element into smaller increments; or
3. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing
development.
Additionally, the Administrator may require increased setbacks at the side or rear of a building in order to
reduce the bulk and scale of larger buildings and/or so that sunlight reaches adjacent and/or abutting
yards.”
Based on this reevaluation, this analysis recommends application of items 1 and 3. Application of these
recommendations would be considered during the height-based conditional use permit review and
during future detailed Site Plan Review.
3.3 Transportation
Based on the results of the traffic analysis, the Reevaluation Alternative is expected to operate similarly
to the FEIS Preferred Alternative and Alternative 3. The intersection LOS at each study location is
expected to be the same between each of the alternatives, in both 2015 and 2030. The average vehicle
delay difference at most of the study intersections in the Reevaluation Alternative is expected to be
negligible compared to the delay with Alternative 3 or the Preferred Alternative. Similar mitigation
measures as identified in the FEIS would still be required. See Attachment B.
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3.4 Noise
There is no change in the overall neighborhood growth and therefore no change in projected traffic
volumes and associated noise from the prior 2011 FEIS. As the Reevaluation Alternative makes some site
plan changes (e.g. different arrangement of market rate and affordable units), setbacks of buildings
from the future SR 900 improvement boundaries are less than for the FEIS Preferred Alternative; the
Master Plan continues to encircle the park with buildings. A review of recommended noise mitigation
measures is provided in Attachment C. Based on the Reevaluation Alternative and the mitigation
measures from the FEIS, where applicable, there are no changes to conclusions about impacts.
3.5 Parks and Recreation
Since the time of the FEIS, the City has adopted a Parks, Recreation and Natural Areas Plan and modified
its level of service (LOS) standards. Based on an ESRI demographic summary of the Renton Sunset area
of nearly 0.44 square miles, the average household size in 2010 was shown at 2.40. Applying this to the
proposed net increase in dwellings of 554 dwellings in the Sunset Terrace the population would equal
nearly 1,330 persons. The City’s developed park standard is 1 acre of parkland per 200 people which
would mean the area considered in isolation from the rest of the neighborhood (not necessarily the
intent of the citywide parks plan) would produce a demand for 6.7 acres of developed parks. There are
additional standards for natural areas that are not necessarily intended to be applied in an urban setting
absent critical areas.
While the proposed Sunset Park is less than 6.6 acres, it is at 3.2 acres in the Reevaluation Alternative,
which is the largest public space considered compared to FEIS alternatives. Further, if the full City
standard were applied on this site, the park space would essentially take up nearly all of the original 7.3
acres of the Sunset Terrace public housing site, also not intended by City plans.
In sum, the results of the FEIS Selected Alternatives apply to the Reevaluation alternative, as follows,
except that the Reevaluation Alternative reduces the potential under-serving of the area with City parks:
Similar to Alternative 3, without additional park and recreation facilities added to the Potential
Sunset Terrace Redevelopment Subarea, the forecast population in this subarea would remain
underserved with respect to parks and recreation facilities. However, under the Preferred
Alternative and the Reevaluation Alternative, Sunset Court Park would be relocated to the Potential
Sunset Terrace Redevelopment Subarea. Additionally, this park would be expanded from 0.5 acre to
2.65 acres under the Preferred Alternative and would be even larger under the Reevaluation
Alternative at 3.2 acres. This would increase the acreage in neighborhood parkland for this subarea
and the Planned Action Study Area.
Similar to Alternative 3, NE Sunset Boulevard would be improved to include bike lanes, intersection
improvements, and sidewalks, providing a more walkable corridor and more direct access route
between residential areas and parkland.
Under the Preferred Alternative and the Reevaluation Alternative, the Potential Sunset Terrace
Redevelopment Subarea would be underserved, according to the results when applying the City’s
parks and recreation LOS standards.
Stormwater elements would be incorporated into park and recreation facilities within the Planned
Action Study Area under the Preferred Alternative. See the water resources analysis (Final EIS
Section 3.3) for a discussion of combining facilities. However, stormwater management facilities
cannot be counted toward park/recreation acreage for purposes of meeting park LOS.
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Some original mitigation measures addressed in the FEIS and resulting ROD have been implemented
previously to reduce impacts, including:
A new Parks, Recreation, Open Space and Natural Resources Plan addressing parks and recreation
services citywide.
The City adopted amendments to its development codes that would provide for payment of a fee-
in-lieu for required common open space.
Other mitigation measures identified in the FEIS would still be applicable broadly in the neighborhood
benefiting the study area:
The City and Renton School District could develop a joint-use agreement for public use of school
grounds for parks and recreation purposes during non-school hours. Joint-use agreements between
the City and Renton School District could also be used to, at least partially, address the LOS
deficiencies in existing recreation facilities.
The City could add parks and recreation facilities such as:
o The City could convert current public properties no longer needed for their current uses to parks
and recreation uses, such as the Highlands Library that is intending to move and expand off site.
Draft EIS Figure 4.15-2 shows properties in public use.
o The City could purchase private property for parks and recreation use. An efficient means would be
to consider properties in the vicinity of existing parks and recreation facilities or where additional
population growth would be greatest. Draft EIS Figure 4.15-2 shows locations where future demand
could be greater and where the City could focus acquisition efforts.
3.6 Public Services
The overall conclusions of the FEIS for Selected Alternatives is expected to be similar for the
Reevaluation Alternative, except that patterns of growth and demand may shift somewhat to have
slightly greater need in the Potential Sunset Terrace Redevelopment Area and slightly less in the overall
neighborhood:
The Renton Police Department could experience an increase in calls for service related to
construction site theft, vandalism, or trespassing relating to construction.
Construction impacts on fire protection and emergency medical services could include increased
calls for service related to inspection of construction sites and potential construction-related
injuries.
There may be temporary changes to nonmotorized and motorized access to health care services
during infrastructure construction (e.g., NE Sunset Boulevard), but alternative routes would be
established.
There may be temporary changes to nonmotorized and motorized access to social services during
infrastructure construction (e.g., NE Sunset Boulevard), but alternative routes would be established.
Redevelopment of the Sunset Terrace housing development would displace the existing on-site
community meeting space that is currently used for on-site social service programs. However, the
space would be replaced onsite or nearby with a larger and more modern facility, and with
appropriate phasing of development, disruption to on-site social service programs can be minimized
or avoided.
Selected Sunset Area Alternatives would result in construction-related waste generation.
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When the library is relocated, library services may be temporarily unavailable in the study area, but
services would be available at other branches.
The FEIS identified specific demand ratios for all of the above services and calculated the number of
personnel, space, etc. that would result from the growth in the neighborhood as a whole and in the
Potential Sunset Terrace Redevelopment Subarea. There would be an increase in dwellings and
population in the Potential Sunset Terrace Redevelopment Subarea, but no change to the growth in
overall neighborhood dwellings and population, under the Reevaluation Alternative. Therefore, it is
anticipated that the share of demand for services and space would slightly increase in the Potential
Sunset Terrace Redevelopment Subarea, but not in the neighborhood as a whole. No significantly
different impacts would occur and FEIS mitigation measures are still applicable.
3.7 Utilities
Water
A conceptual water main improvements layout for the proposed developments identified in the
conceptual master plan is presented in Exhibit 19. For this portion of the Sunset Terrace Redevelopment
area, the diagram updates the information contained in the Final EIS but is intended to meet City
standards as described in the Final EIS.
The City will require 12-inch water mains in all new public streets (Harrington Avenue NE, Sunset Lane
NE, NE 10th Street, Glennwood Avenue NE) to provide the estimated fire flow demand ranging from
3,000 gallons per minute (gpm) to 4,000 gpm based on the City Fire Prevention’s review of various pre-
application submittals.
Portions of the water mains in SR 900 were installed by prior projects in the area.
The section of the 12-inch main in Harrington Ave between Glennwood Avenue NE and NE 10th street
will be installed by the City in 2014 as part of the Harrington Ave Green Connection stormwater and
water improvements project. Another section will be installed by the KCLS library project in NE 10th
Street and in Sunset Lane NE up to the west property line of the KCLS project.
A developer’s extension of the section of 12-inch water main in SR 900 will be required to be a looped
water system because the estimated fire flow demand for the proposed development on sites 6/7 and
on site 7/8 is above 2,500 gpm.
The location of the new water main in SR 900 west of Harrington, whether it will be installed in the
existing roadway pavement or in the future unimproved right-of-way must be carefully evaluated as part
of the pre-design/design of the roadway improvements projects, and consider the need to
accommodate existing and future public and private utilities, rockery/retaining walls, street trees, etc.
Adequate horizontal separation (5-ft minimum and up to 10-feet) must be provided between the new
water main and other utilities, structures, or trees.
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Exhibit 19. Water Main Improvements
Note: See Exhibit for approved Master Plan. While the Master Plan has been updated since the above base map was
prepared, the concept for water mains remains intact.
Sewer
Sites plans will be required to show the location of the existing sewer system in order to determine the
potential re-use of existing sewer (conditioned on lining the existing sewer mains and manholes)
provided the location does not interfere with the ultimate roadway/building alignments.
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Where a sewer main exists in the current Harrington Av NE alignment that will become the new park it
will be retained; the City will eliminate manholes where needed and where feasible. The park
connection is likely to occur at NE 10th, or at the west end, where new private development may be
able to can shorten the existing sewer to keep it within the roadway.
Where the section of Glenwood Avenue NE reconnects with Harrington Avenue NE the sewer main will
need to be rerouted.
Approved plans indicate the Library will connect to the existing sewer in NE 10th Street.
3.8 Other FEIS Topics
Generally, regarding natural environment topics (earth, air quality, water resources, plants and animals),
there are no anticipated changes to overall conclusions or mitigation measures identified in the ROD and
Planned Action EIS since the proposed mixed use development activities are essentially occurring within
the same footprint and the impervious estimates in the FEIS and ROD are maintained.
Conditions, mitigation measures, and conclusions regarding Environmental Health and Historic/Cultural
Features are likewise unchanged. No environmental health conditions or cultural resources features are
known in the Potential Sunset Terrace Redevelopment Subarea, but in case such features are uncovered
mitigation measures would apply.
Built environment topics that are more suited to analysis under cumulative growth conditions include air
quality and energy. The level of potential greenhouse gas emissions and energy use may be slightly
higher in the Potential Sunset Terrace Redevelopment Subarea, but not in the neighborhood as a whole,
and overall FEIS conclusions and mitigation measures are still applicable.
Last, regarding socio-economics, housing, and environmental justice, it is anticipated that the overall
conditions and impacts regarding the potential for change in the neighborhood, need for relocation
assistance, etc. identified in the FEIS are still valid, as the study area would still redevelop from present
conditions to a mixed use, amenity-rich environment.
3.9 Monitoring and Review
The Planned Action Ordinance includes monitoring and review measures to be considered within five
years of the ordinance adoption with some measures considered at the time of a NEPA Reevaluation
(compliance with neighborhood goals and Leadership in Environmental and Energy Design rating system
for Neighborhood Development [LEED-ND] criteria or equivalent), though monitoring and review are
directed to the Planned Action area as a whole. The City has not reached a 5 year milestone (based on
effective date in 2011 would occur in 2016); the evaluation would be extended to 5-years from the new
effective date of the ordinance. At that point more development in the area would have occurred and
there would be results to monitor.
Nevertheless, this Reevaluation provides a review of the Planned Action Study Area Goals and
Objectives and to the LEED-ND criteria in relation to the Reevaluation Alternative to contribute to the
City’s future 5-year review effort. See Exhibit 20 and Exhibit 21. In general, the Reevaluation Alternative
continues to promote a public and private effort to create a mixed use, mixed income neighborhood
supported by park, library, road, and stormwater improvements that increase quality of life.
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Exhibit 20. Goals and Objectives Reevaluation
FEIS Goals and Objectives Reevaluation Alternative: Potential Sunset Terrace
Redevelopment Subarea
Transformation of private and public properties in the
Planned Action Study Area …is expected to meet the Sunset
Area Community vision, as expressed in the Highlands
Phase II Task Force Recommendations (City of Renton
2008a) and the CIS (City of Renton 2009b).
The Highlands is a destination for the rest of the city and
beyond.
The neighbors and businesses here are engaged and
involved in the community.
Neighborhood places are interconnected and walkable.
The neighborhood feels safe and secure.
Neighborhood growth and development is managed in a
way that preserves quality of life.
The neighborhood is an attractive place to live and
conduct business.
The neighborhood is affordable to many incomes.
The neighborhood celebrates cultural and ethnic
diversity.
The Reevaluation Alternative is based on the prior studied
alternatives and continues to promote a mixed income,
mixed use development with parks, library, and
greenstreets to promote an affordable, connected,
walkable, and attractive area for residents and businesses.
The proposed park would be larger than prior studied
alternatives.
For each of the major components of the proposal, the
following specific goals and objectives were developed to
be consistent with this vision.
1. Through designation of a Planned Action and
infrastructure investments, support and stimulate public
and private development.
The Planned Action Ordinance, as amended, remains in
effect. The Reevaluation/Addendum demonstrates that the
Planned Action EIS conclusions remain valid. City
infrastructure investments for the planned action area
continue. For example, regional stormwater and
greenstreets are expected to be accomplished in earlier
phases. A loop road would be implemented as development
occurs and utilities are extended, with the Library site an
early phase of that investment. The proposed park is
enlarged and would be implemented when funding is
secured.
2. Ensure that redevelopment is planned to conform to the
City’s Comprehensive Plan.
The Reevaluation Alternative furthers the intent of the CV
zone for a mixed use center, providing housing, civic, retail,
and park uses.
3. Through the Planned Action and early environmental
review, accelerate the transformation of the Potential
Sunset Terrace Redevelopment Subarea with mixed-
income housing and mixed uses together with places for
community gathering. This will also be accomplished in
part by using this EIS to achieve a NEPA Record of Decision,
which will enable RHA to submit a HUD Demolition and
Disposition application in 2011.
See Response to #1. A Demolition and Disposition permit
was obtained for the Library site and a second permit was
obtained for the balance of the site.
4. Ensure that the Planned Action covers environmental
review of Sunset Area roadway, drainage, parks and
recreation, and other infrastructure improvements, and
analyze impacts of anticipated private development in
addition to Sunset Terrace.
See Response to #1. The total amount of growth studied
across the Planned Action study area remains intact under
the Reevaluation Alternative, with some redistribution to
the Potential Sunset Terrace Redevelopment Subarea. Both
public and private development is promoted in the
Potential Sunset Terrace Redevelopment Subarea as well
as the broader neighborhood.
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FEIS Goals and Objectives Reevaluation Alternative: Potential Sunset Terrace
Redevelopment Subarea
5. Build on previous City, RHA, and Renton School District
efforts and current projects. Leverage relationships and
partner with existing community outreach activities and
resources. Recognize community desires documented in:
Report and Recommendation of the Highlands Area
Citizen’s Zoning Task Force (City of Renton 2006),
Report and Recommendation of the Highlands Phase II
Task Force (City of Renton 2008a),
Highlands Action Plan (City of Renton 2009c),
Sunset Area Community Investment Strategy (City of
Renton 2009b),
Renton Trails and Bicycle Master Plan (City of Renton
2009d),
Renton Parks, Recreation, Open Space and Natural
Resources Plan (estimated completion date September
2011),
Utility system plans, and
Library replacement (in process).
The Reevaluation Alternative continues to further the prior
planning efforts. The library is under construction. The
parks plan has been adopted, and the subject park site in
the subarea is larger than in prior alternatives. The subarea
will have a mixed income, mixed use development as
anticipated in the Community Investment Strategy.
Elsewhere in the neighborhood an early childhood
education center has been redeveloped and expanded in
partnership with the School District.
6. Create a Great Street on NE Sunset Boulevard, as
described in the CIS. Implement the City Complete Streets
policy for the NE Sunset Boulevard corridor and the Sunset
Area green connections. Extend conceptual design of
improvements between the Interstate 405 limited access
right-of-way and Monroe Avenue NE, and include them in
the Planned Action effort.
The Reevaluation Alternative master plan concept
anticipates and recognizes the multimodal design of NE
Sunset Boulevard by matching the future right of way
boundary studied in the Final EIS.
7. Encourage low-impact stormwater management
methods and areawide solutions as part of a master
drainage plan to support development.
The Reevaluation Alternative would be developed
consistent with the Sunset Area drainage plan. Regional
stormwater in the central park and greenstreets (e.g.
Harrington Avenue NE) are expected to be accomplished in
earlier phases.
8. Engage the community in a transparent process using
available outreach opportunities and tools successfully
used in prior planning efforts.
The Reevaluation Alternative is similar to prior studied
alternatives that were developed with public engagement
opportunities. The proposed Master Plan and Height
Conditional Use applications would be the subject of a
Hearing Examiner public hearing.
9. Optimize funding strategies by leveraging partnerships,
innovation and sustainable development for a healthy
community. Recognize the importance and timing of
integrating housing, transportation, infrastructure,
expanded economic opportunity, parks and recreation, and
the environment.
The Reevaluation Alternative has resulted from a
public/private Master Plan coordination effort. See
response to #1 regarding infrastructure and civic
investments.
Source: Final EIS, Appendix A, 2011; BERK 2014
The official 2009 LEED ND project scorecard2 published by the U.S. Green Building Council is used as a
guide to address green design issues in relation to the proposed redevelopment. For each criteria group
on the scorecard, a brief discussion of how the proposed redevelopment is consistent with the principles
of LEED ND is provided in Exhibit 21.
2 See: LEED for Neighborhood Development (LEED-ND), available: http://www.cnu.org/leednd. Accessed: August 25, 2014.
6g. - Community and Economic
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 34
Exhibit 21. LEED for Neighborhood Development Criteria
Summary of Criteria Reevaluation Alternative: Potential Sunset Terrace
Redevelopment Subarea
The intent of the Smart Location and Linkage criteria of the
LEED ND rating system is to encourage development to
occur within and near existing communities and
established public transit infrastructure, as well as reduce
vehicle trips. Development in smart locations also
encourages a greater degree of walking of bicycling, which
has personal health benefits.
The Sunset Terrace site is located along a major
transportation and transit corridor within the City of
Renton. Redevelopment of the site under the Reevaluation
Alternative would create a mixed-use, mixed-income
development already served by the full range of public
services on a previously developed infill site on a major
transit corridor – a “smart location.” The Reevaluation
Alternative master plan concept anticipates and recognizes
the multimodal design of NE Sunset Boulevard by matching
the future right of way boundary studied in the Final EIS.
The intent of the Neighborhood Pattern and Design criteria
of the LEED ND rating system is to promote safe, diverse,
walkable, compact neighborhoods with high-quality design
with a mix of land uses.
The Reevaluation Alternative furthers the intent of the CV
zone for a mixed use center, providing housing, civic, retail,
and park uses. The neighborhood is compact, and furthers
walkability and quality design with a loop road,
greenstreets, and a new park and library.
The intent of the Green Infrastructure and Buildings
criteria is to encourage development that implements
green building practices or introduces green infrastructure.
This includes using certified green building techniques,
increasing building water and energy efficiency, controlling
pollution from construction activities, implementing
adaptive reuse of historic buildings, and using green
methods of stormwater management.
The Reevaluation Alternative would implement Final EIS
mitigation measures and retain green features of prior
studied alternatives, including:
Construction Emission Control: The Final EIS
recommends that the City require all construction
contractors to implement air quality control plans for
construction activities in the study area, including
measures for reducing engine emissions and fugitive
dust.
Green Connections for Stormwater Management: The
Reevaluation Alternative would include public
investment in Green Connections, a regional stormwater
facility, and would comply with a drainage master plan
for the study area.
Energy Efficiency: The Final EIS recommends that the
City encourage or require implementation of energy and
greenhouse gas reduction measures in the study area
such as compliance with the Northwest ENERGY STAR
Homes program and the Seattle Energy Code for non-
residential buildings.
Source: Final EIS, Appendix A, 2011; BERK 2014
4.0 CONCLUSIONS
The City of Renton (City) is the Responsible Entity and lead agency for NEPA purposes. In accordance
with specific statutory authority and the U.S. Department of Housing and Urban Development’s (HUD’s)
regulations at 24 Code of Federal Regulations (CFR) part 58, the City is authorized to assume
responsibility for environmental review, decision-making, and action that would otherwise apply to HUD
under NEPA. Additionally, the City is the proponent of the broader Planned Action for the Sunset area
which has had environmental review under Washington State Environmental Policy Act (SEPA) Revised
Code of Washington [RCW] 43.21C).
The City has performed joint NEPA/SEPA environmental review in cooperation with the Recipient, the
Renton Housing Authority (RHA). Accordingly, the City prepared a Draft and Final EIS to analyze
potential impacts of redevelopment of the Sunset Terrace public housing community. The Final
Environmental Impact Statement (FEIS) supporting both milestones was issued April 1, 2011.
6g. - Community and Economic
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 35
The City initiated consultation with agencies and tribes regarding permit requirements and to identify
any areas of concerns regarding the Sunset Terrace public housing redevelopment as well as the overall
Planned Action. Federal and state agencies were notified of comment opportunities through the scoping
process and were offered comment opportunity on the Draft EIS. Two agencies were particularly
consulted consistent with NEPA, the National Historic Preservation Act (Section 106), and the
Endangered Species Act (Section 7). As documented in the ROD and Environmental Review Record, the
City received a letter of concurrence from NMFS in May 2011. The Biological Assessment and NMFS
memoranda are included in the Environmental Review Record. The City also completed Section 106
consultation for Sunset Terrace redevelopment and all properties fronting NE Sunset Boulevard as
documented in the ROD and Environmental Review Record. In addition, consistent with the federal
Coastal Zone Management Act, the City received a letter of consistency from the State of Washington
Department of Ecology (16 U.S.C. 1451-1464).
In May 2011, the City of Renton completed a ROD in accordance with the National Environmental Policy
Act, and a Planned Action Ordinance in accordance with the State Environmental Policy Act.
The ROD and Planned Action Ordinance identified mitigation measures from the FEIS. The ROD
concluded that “With the application of City-adopted development regulations and recommended
mitigation measures, and application of other federal and state requirements, no significant
unavoidable adverse impacts are anticipated. Pursuant to 40 CFR 1505.3, this decision to proceed with
Sunset Terrace and actions in the broader area will be implemented and mitigation measures imposed
through appropriate conditions in any land use or related permits or approvals issued by the City of
Renton and through conditions of federal funding.” This Reevaluation and Addendum maintains the
mitigation measures from the ROD and Planned Action and identifies where the application of such
mitigation measures (e.g. design guidelines) is particularly relevant and could be included in permit
conditions.
The City finds by this re-evaluation, after considering the effects of the revised Master Plan and existing
and supplemental environmental documentation, that no substantive change to the findings in the
Record of Decision would occur. The Sunset Area Community Planned Action NEPA/SEPA EIS adequately
examines the impacts of the overall project, and the proposed changes in the Master Plan would not
result in modification to those conclusions. No new or significantly different impacts to the environment
would occur. Mitigation measures incorporated in the proposal and identified in the EIS, and additional
consultation and mitigation documented in the Record of Decision, represent reasonable steps to
reduce adverse environmental effects of the proposed project. Together, these measures and would
reduce effects to acceptable levels. No additional mitigation is warranted as a result of changes
proposed in the Master Plan.
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RENTON SUNSET COMMUNITY AREA
REEVALUATION AND ADDENDUM
September 2014 36
Responsible Entity Certifying Officer
City of Renton Environmental Review Committee (ERC)
Date: Signature:
Signature:
Signature:
Signature:
6g. - Community and Economic
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Reevaluation: September 2014 1
ATTACHMENT A: RENTON SUNSET TERRACE REDEVELOPMENT: PARKING ANALYSIS
Building Name Total Res
Units:
Orig
Proposal
Total
Proposed
Units with
Reevaluation
Use Proposed Parking
Spaces for Use
Type (Orig
Proposal)
Total Proposed
Parking Spaces
for Project
Zoning Renton Municipal Code: Use/ Min - Max of
Required Spaces
City Min for
Use
City Max
for Use
Additional
Parking
Needed
beyond
Proposal
Sunset Terrace Site 5 41 54 Residential (low income)41 41 CV low income .25 - 1.75 per DU 13.5 94.5
Allowed Range: 13.5 94.5 None
Sunset Terrace Site 6/7 104 110 Residential 190 190 CV Attached dwellings within all other zones/ 1
- 1.75 per DU
110 192.5
Allowed Range:110 192.5 None
Sunset Terrace Site 7/8 188 196 Residential 271 271 CV Attached dwellings within all other zones/ 1
- 1.75 per DU
196 343
Allowed Range:196 343 None
Sunset Terrace Site 9/10 111 117 Library (15,000 sq ft)51 182 CV cultural: 4 per 1000 sf 60 60
Commercial (4,489 sq ft)11 Retail (2.5 stall/1,000 sq ft), Services (3/1000
sq ft), Office (2/1000 s ft)
11 11
Residential 111 Attached dwellings within all other zones/ 1
- 1.75 per DU
117 205
Allowed Range:188 276 Need 6
Sunset Terrace Site 11 56 57 Residential (low-income)51 CV low income .25 - 1.75 per DU 14.25 98
Allowed Range:14.25 98 None
Sunset Terrace Site 16/17 10 10 Residential: 3-bedroom
townhomes
10 10 R-14 low income .25 - 1.75 per DU 2.5 17.5
Allowed Range: 2.5 17.5 None6g. - Community and Economic Development Department recommends a Page 190 of 307
SUNSET AREA COMMUNITY PLANNED ACTION UPDATE:
1
Sunset Area Community Planned Action Update:
Traffic Analysis Results – May 2014 Redevelopment
Master Site Plan Alternative
INTRODUCTION
This memorandum provides traffic analysis results for the May 2014 Redevelopment Master
Site Plan Alternative, or Reevaluation Alternative, of the Sunset Area Community Planned
Action, and compares these results with operations for Alternative 3 and the Preferred
Alternative as documented in the Final NEPA/SEPA EIS.
Compared to Alternative 3, the Reevaluation Alternative includes a maximum of 90 additional
units in the Potential Sunset Terrace Redevelopment Subarea. These 90 additional units are
shifted out of the North, South, and Sunset Mixed Use areas of the Planned Action study area.
This analysis focuses on the intersection operations expected as a result of this shift.
TRIP GENERATION AND DISTRIBUTION
Trips generated by Alternative 3 and the Preferred Alternative in the Planned Action study area
were estimated using the City’s version of the PSRC regional travel forecasting model with
applied future-year proposed land uses. The Alternative 3 traffic volumes, as analyzed in the
Final NEPA/SEPA EIS, were used as a base to develop the Reevaluation Alternative volumes.
Trips generated by the 90 additional units were removed from the North, South, and Sunset
Mixed Use areas, and re-routed to the Potential Sunset Terrace Redevelopment. Assuming the
90 shifted housing units consist of medium to high density low-rise apartment dwellings,
approximately 61 trips1 would be generated during the weekday PM peak hour. (Source:
Institute of Transportation Engineers, Trip Generation Manual, 9th Edition, Institute of
Transportation Engineers.)
Approximately half of the units (47 units) would be shifted from the North subarea, 37 percent
(33 units) would be shifted from the South subarea, and the remaining 11 percent (10 units)
would come from the northeast end of the Sunset Mixed Use subarea.
TRAFFIC ANALYSIS RESULTS
Traffic analysis results were calculated for the PM peak hour for the years 2015 and 2030. In
general, future traffic patterns in the Reevaluation Alternative would differ slightly from both
the Preferred Alternative and Alternative 3.
1 These would be new trips to the Potential Sunset Terrace Redevelopment area, but shifted from other areas of the Planned
Action neighborhood.
6g. - Community and Economic
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2
On eastbound NE Sunset Boulevard fewer trips would turn left at Kirkland Avenue NE (since
they would no longer be accessing housing units in the North subarea). These trips would likely
turn left onto Harrington Avenue NE or NE 10th Street instead to reach the 90 units that have
shifted into the Potential Sunset Terrace Redevelopment Subarea.
Fewer trips on southbound Edmonds Avenue NE would turn left to eastbound NE 12th Street,
and would instead be likely to continue south to NE Sunset Boulevard. At NE Sunset Boulevard,
these vehicles would turn left and continue to Harrington Avenue NE or NE 10th Street to reach
the housing units.
As a result of the shift in units from the South subarea, fewer trips would turn right from
eastbound NE Sunset Boulevard to Edmonds Avenue NE, Harrington Avenue NE, or NE 10th
Street. Instead, these trips would likely turn left at Harrington Avenue NE or NE 10th Street
from NE Sunset Boulevard.
Traffic operations for the Reevaluation Alternative are analyzed assuming the same signal
timing as currently employed by the City. This existing signal timing and phasing provides a
conservative analysis of future operations. The expected operational levels of service (LOS) and
delay results in 2015 with Reevaluation Alternative are compared to the operations results of
the Preferred Alternative and Alternative 3 in Table 1. Table 2 shows the operational results
comparison for the year 2030.
Table 1. 2015 Intersection Operations—Alternative 3 Revised (Compared to Preferred
Alternative and Alternative 3)
2015 PM Peak
#Intersection Control
Preferred
Alt Alt 3 Reevalu-
ation
LOS
Delay
(s)LOS
Delay
(s)LOS
Delay
(s)
1 NE Sunset Blvd & NE Park Dr Signalized A 9.2 A 9.3 A 9.3
2 NE Sunset Blvd & Edmonds Ave NE Signalized B 12.0 B 12.4 B 12.0
3 NE Sunset Blvd & Harrington Ave NE Signalized A 6.6 A 6.7 A 7.5
4 NE Sunset Blvd & NE 10th St Signalized B 14.6 B 16.2 B 16.3
5 NE Sunset Blvd & Kirkland Ave NE OWSC B 10.3 B 10.3 B 10.3
6 NE Sunset Blvd & NE 12th St Signalized C 24.1 C 24.3 C 24.3
7 NE Sunset Blvd & Monroe Ave NE OWSC B 15.0 B 15.0 B 15.0
8 Edmonds Ave NE & NE 12th St AWSC F 54.2 F 55.8 F 54.3
9 Harrington Ave NE & NE 12th St AWSC D 34.6 D 35.0 D 32.4
10 Kirkland Ave NE & NE 12th St AWSC B 12.8 B 12.8 B 12.6
OWSC = one-way stop control; AWSC = all-way stop control; LOS = level of service
Delay is measured in average seconds per vehicle.
Bold type indicates results worse than City LOS D threshold.
6g. - Community and Economic
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3
Table 2. 2030 Intersection Operations—Alternative 3 Revised (Compared to Preferred
Alternative and Alternative 3)
2030 PM Peak
#Intersection Control
Preferred
Alt Alt 3 Reeval-
uation
LOS
Delay
(s)LOS
Delay
(s)LOS
Delay
(s)
1 NE Sunset Blvd & NE Park Dr Signalized B 11.5 B 11.9 B 11.9
2 NE Sunset Blvd & Edmonds Ave NE Signalized B 13.7 B 13.7 B 13.6
3 NE Sunset Blvd & Harrington Ave NE Signalized A 8.2 A 8.3 A 8.7
4 NE Sunset Blvd & NE 10th St Signalized C 20.2 C 20.6 C 20.5
5 NE Sunset Blvd & Kirkland Ave NE OWSC B 11.0 B 11.1 B 11.1
6 NE Sunset Blvd & NE 12th St Signalized D 36.9 D 38.8 D 38.9
7 NE Sunset Blvd & Monroe Ave NE OWSC C 15.6 C 15.6 C 15.6
8 Edmonds Ave NE & NE 12th St AWSC F 96.3 F 99.6 F 97.4
9 Harrington Ave NE & NE 12th St AWSC F 67.1 F 68.9 F 64.8
10 Kirkland Ave NE & NE 12th St AWSC B 14.2 B 14.4 B 14.0
OWSC = one-way stop control; AWSC = all-way stop control; LOS = level of service
Delay is measured in average seconds per vehicle.
Bold type indicates results worse than City LOS D threshold.
Based on the results of the traffic analysis, the Reevaluation Alternative is expected to operate
similarly to the Preferred Alternative and Alternative 3.
The intersection LOS at each study location is expected to be the same between each of the
alternatives, in both 2015 and 2030. The average vehicle delay difference at most of the study
intersections in the Reevaluation Alternative is expected to be negligible compared to the delay
with Alternative 3 or the Preferred Alternative.
At the stop-controlled intersection of NE 12th Street and Edmonds Avenue NE, the average
vehicle delay with Reevaluation Alternative is slightly better than the delay in Alternative 3 but
slightly worse than with the Preferred Alternative. This nominal improvement over Alternative
3 would not affect the LOS F condition, but would reduce the average delay per vehicle by
approximately 2 seconds. This slight reduction is likely due to fewer vehicles making left turns
at this location. Trips generated by the 90 shifted units would likely access the Potential Sunset
Terrace Redevelopment Subarea directly from NE Sunset Boulevard, and would no longer have
to travel through the intersection at NE 12th Street and Edmonds Avenue NE to reach their
destination.
The stop-controlled intersection of NE 12th Street and Harrington Avenue NE would operate at
LOS F in each alternative in 2030 but would experience minor delay improvements with
6g. - Community and Economic
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4
Reevaluation Alternative compared to Alternative 3 (approximately 4 seconds per vehicle) and
the Preferred Alternative (approximately 2 seconds per vehicle on average). Due to the shift in
housing units from the north, fewer trips would travel through the NE 12th Street at Harrington
Avenue NE intersection, which reduces the overall delay, because they would likely remain on
NE Sunset Boulevard to access their destination.
Vehicles accessing the 90 additional housing units in the Potential Sunset Terrace
Redevelopment Subarea would likely come from both directions of NE Sunset Boulevard.
Harrington Avenue NE and NE 10th Street would provide direct access to these units; therefore
both these intersections on NE Sunset Boulevard would experience slightly higher turning
traffic volumes in Reevaluation Alternative compared to Alternative 3 and the Preferred
Alternative.
The increase in vehicle demand is not expected to affect the LOS in Reevaluation Alternative
compared to Alternative 3; both intersections are expected to operate at LOS B or better in both
horizon years. The additional vehicles are not expected to significantly worsen the average
delay per vehicle since both locations are signalized and are expected to have ample capacity to
accommodate increases in vehicle demand resulting from 90 additional housing units.
The mitigation measures identified in the ROD would still be appropriate, as follows:
6g. - Community and Economic
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5
Table 28. Transportation Mitigation Measures
Planned Action Study Area
Potential Sunset Terrace Redevelopment
Subarea
Operational Mitigation
Planned Action applicants shall pay a Transportation
Impact Fee as determined by the Renton Municipal
Code at the time of payment, payable to the City as
specified in the Renton Municipal Code.
Planned Action applicants shall provide a traffic
analysis estimating trips generated by their
proposed development and demonstrate
conformance with the Planned Action Ordinance trip
ranges and thresholds in Section 3(d) (4) as well as
demonstrate conformance with the City’s
concurrency requirements in RMC 4-6-070. When
demonstrated by an applicant’s analysis that
operational LOS standards reviewed in the EIS are
exceeded at the following locations, intersection
improvements shall be made by planned action
applicants as appropriate to meet LOS D and in
conformance with the City’s street standards in RMC
4-6-060:
Edmonds Avenue NE and NE 12th Street: an
additional southbound left-turn pocket and
westbound right-turn pocket would improve
operations to LOS E, while added pedestrian- and
bicycle-oriented paths or multi-use trails to
encourage mode shifts would likely improve
operations to LOS D.
At the Harrington Avenue NE and NE 12th Street
intersection: the eastbound and westbound
approaches could be restriped to increase the
number of lanes and, therefore, the capacity of the
intersection. With implementation, this
intersection would improve to LOS D.
Construction Mitigation
Temporary mitigation during construction may be
necessary to ensure safe travel and manage traffic
delays. The following mitigation measures shall be
implemented prior to or during construction within
the Planned Action Study Area.
Prior to construction:
o Assess pavement and subsurface condition
of roadways being proposed for transport of
construction materials and equipment.
Ensure pavement can support loads.
Adequate pavement quality would likely
reduce the occurrence of potholes and
would help maintain travel speeds.
o Alert landowners and residents of potential
construction. Motorists may be able to
adjust schedules and routes to avoid
No permanent mitigation measures are
recommended within Potential Sunset Terrace
Redevelopment Subarea. The intersection
operations under action alternatives are
expected to be within the LOS D threshold.
During construction, mitigation measures are
those described for the Planned Action Study
Area. Flaggers, advance warning signage to
alert motorists of detours or closures, and
reduced speed zones would likely benefit
traffic operations.
6g. - Community and Economic
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6
Planned Action Study Area
Potential Sunset Terrace Redevelopment
Subarea
construction areas and minimize
disruptions.
o Develop traffic control plans for all affected
roadways. Outline procedures for
maintenance of traffic, develop detour plans,
and identify potential reroutes.
o Place advance warning signage on roadways
surrounding construction locations to
minimize traffic disturbances.
During construction:
o Place advance warning signage on NE
Sunset Boulevard and adjacent arterials to
warn motorists of potential vehicles
entering and exiting the roadway. Signage
could include “Equipment on Road,” “Truck
Access,” or “Slow Vehicles Crossing.”
o Use pilot cars as dictated by the Washington
State Department of Transportation
(WSDOT).
o Encourage carpooling among construction
workers to reduce traffic volume to and
from the construction site.
o Employ flaggers, as necessary, to direct
traffic when vehicles or large equipment are
entering or exiting the public road system to
minimize risk of conflicts between trucks
and passenger vehicles.
o Maintain at least one travel lane at all times,
if possible. Use flaggers to manage
alternating directions of traffic. If lane
closures must occur, adequate signage for
potential detours or possible delays should
be posted.
o Revisit traffic control plans as construction
occurs. Revise traffic control plans to
improve mobility or address safety issues if
necessary.
6g. - Community and Economic
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BERK Consulting September 2014 1
Attachment C. Summary of Reevaluation Approach – Noise
EIS Impact Analysis: Development would result in a noise increase from vehicles traveling on NE Sunset
Boulevard and local streets. As disclosed in the EIS, the estimated day-night noise levels from NE Sunset
Boulevard at the adjacent buildings indicates they would be exposed to “normally unacceptable” noise
levels exceeding U.S. Department of Housing and Urban Development’s (HUD’s) outdoor day-night noise
criterion of 65 dBA. The noise levels at these first row residential dwellings currently exceed the HUD
noise criterion and would continue to exceed the criterion under Selected Sunset Area Alternatives.
Noise levels would be below the “unacceptable” criteria.
Conclusions: Portions of the Potential Sunset Terrace Redevelopment Subarea, even under existing
conditions and the No Action Alternative, would be deemed “normally unacceptable” under the HUD
noise criteria without implementation of noise attenuation mitigation, due to traffic noise from the
adjacent street (NE Sunset Boulevard). No significant unavoidable adverse noise impacts are anticipated
in this subarea, if the noise control measures noted below are implemented to reduce anticipated future
traffic noise to levels suitable for residential uses under the HUD criteria.
ROD and Planned Action Mitigation Measures and Status with Master Plan Proposals:
Original Mitigation Measure Approach in Master Plan
Site design approaches shall be incorporated to
reduce potential noise impacts including the
following.
Market rate units would be placed along SR 900. The
City’s design standards for building modulation
together with topography, especially west of
Harrington would reduce the number of units that
abut SR 900.1 2
Concentrating park and open space uses away
from NE Sunset Boulevard.
This measure is implemented by the design of the
mixed use development generally encircling a
public open space that is located well away from
SR 900. The master plan design maximizes the
park size to the extent feasible.
Where park and open space uses must be located
near NE Sunset Boulevard, avoiding activities that
require easily understood conversation (e.g.,
instructional classes), or other uses where quiet
conditions are required for the primary function
of the activity.
Some private open space associated with market
rate residential units may be located near SR 900,
but the primary open space will be the public
park noted above as located well away from SR
900.
1 It is a conceptual master plan assumption that based on City design standards and the nature of the property dimensions
fronting SR900 that building footprints would reflect modulation and that most units would be oriented away from the street
right of way.
2 Based on a review of preliminary sites plans, the arrangement of buildings and likely distances of buildings to the future SR
900 centerline appear to be in the range of EIS assumptions studied for Alternatives 1, 2 and 3 and the Preferred Alternative.
Therefore EIS results would not appreciably change; as described in the chart, the master plan approach appears to address EIS
mitigation measures.
6g. - Community and Economic
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SUMMARY OF REEVALUATION APPROACH – NOISE
BERK Consulting September 2014 2
Original Mitigation Measure Approach in Master Plan
Allowing for balconies on exterior facing units
only if they do not open to a bedroom.
At a conceptual level, the placement of balconies
is not known at this time. At the time of site plan
review or building permits this may be addressed.
Units that are to be supported with public funding
are placed north of the proposed park, the
furthest distance from SR 900.
According to HUD noise guidebook, noise
attenuation from various building materials are
calculated using sound transmission class (STC)
rating. Although the standard construction
approaches can normally achieve the STC rating of
more than 24 dBA as demonstrated in Final EIS
Appendix E, the City shall require a STC rating of 30
dBA reduction for these first row residential
dwellings because the HUD noise guidebook shows
that the sound reduction achieved by different
techniques may be a little optimistic3.
The City will apply construction standards via the
International Building Code and the State Energy
Code. These codes would likely lead to building
materials and practices that could meet the
standard STC rating and likely beyond. For
example, compared to assumptions included in
FEIS Appendix F, page 4, February 23, 2011
memo, the City’s adopted Energy Code insulation
standards are much higher than the assumptions
considered: 1. A standard exterior wall is actually
2x6 studs with R-21 insulation. 2. Windows are
double pane not single pane. (pers com, Jan
Conkling, Energy Plans Reviewer, City of Renton)
Other Mitigation Previously Considered and Rejected, Appendix F of FEIS: The noise analysis in Draft
EIS Section 3.6/4.6 and Final EIS Section 3.6 shows that sound walls are not feasible due to the height
and location and lack of benefit to upper storey uses; the mixed use character of the development close
to sidewalks and roads is intended to invite community use. The shallow nature of the property,
topography, lot pattern, and the road system as well as zoning requirements mean that the [Preferred
Alternative] building setbacks from NE Sunset Boulevard are the most that can be reasonably achieved
and are greater than the current development.
3 HUD noise guidebook, Chapter 4, page 33”… use the STC ratings with a bit of caution and remain aware of the possible 2-3 dB
overstating that you may get with the STC rating system.”
6g. - Community and Economic
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KEY
RESIDENTIAL
MIXED-USE
COMMUNITY
SITE AREA
Sunset Terrace Master Site Plan
0’50’100’200’N
NEIGHBORHOOD
PARK
9
7/8
6/7
5
14, 16/17
11
10HARRINGTON AVE NESUNSET LN NESUNSET LN NENE
1
0
T
H
S
TSUNSET B
LVD
NE
(SR
9
0
0
)SUNSET BLVD NE (SR 900) GLENWOOD AVE NEAugust 19, 2014
Attachment C
Note: This map is a conceptual guide to redevelopment in that portion of the Planned Action area,
together with the land use studied in the NEPA reevaluation/SEPA addendum published October 2014,
and the use allowances of the Renton Municipal Code.6g. - Community and Economic Development Department recommends a Page 199 of 307
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5610 6/13/11XXX
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A
PLANNED ACTION FOR THE SUNSET AREA PURSUANT TO THE STATE
ENVIRONMENTAL POLICY ACT.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I.Findings. The Council finds as follows:
A.The City is subject to the requirements of the Growth Management Act, RCW
36.70A (“GMA”) and is located within an Urban Growth Area;
B.The City has adopted a Comprehensive Plan complying with the GMA, and is
amending has amended the Comprehensive Plan to address transportation improvements and
capital facilities specific to the Sunset Area;
C.The City has adopted a Community Investment Strategy, development
regulations and design guidelines specific to the Sunset Area which will guide growth and
revitalization of the area, including the Sunset Terrace public housing project;
D.The City has prepared an environmental impact statement (EIS) for the Sunset
Area, and the EIS, as supplemented by an addendum, adequately addresses the probable
significant environmental impacts associated with the type and amount of development
planned to occur in the designated Planned Action area;
E.The mitigation measures identified in the Planned Action EIS and attached to this
ordinance as Attachment B, together with adopted City development regulations, will
adequately mitigate significant impacts from development within the Planned Action area;
6g. - Community and Economic
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ORDINANCE NO. ________
2
F.The Comprehensive Plan and Planned Action EIS identify the location, type and
amount of development that is contemplated by the Planned Action;
G.Future projects that are implemented consistent with the Planned Action will
protect the environment, benefit the public and enhance economic development;
H.The City has provided numerous opportunities for meaningful public
involvement in the proposed Planned Action, including comment periods, meetings, and
hearings during and after the preparation of the EIS, has considered all comments received,
and, as appropriate, has modified the proposal or mitigation measures in response to
comments;
I.The Sunset Area Planned Action is not an essential public facility as defined by
RCW 36.70A.200(1);
J.The Planned Action area applies to a defined area that is smaller than the overall
City boundaries; and
K.Public services and facilities are adequate to serve the proposed Planned Action.;
L.A revised master plan for the Sunset Terrace area was prepared and submitted
to the City on October 27, 2014;
M.A reevaluation pursuant to the National Environmental Policy Act (NEPA), as
authorized by U.S. Department of Housing and Urban Development regulations, and an
addendum pursuant to SEPA were prepared to consider the environmental effects of the
revised Sunset Terrace master plan; and
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ORDINANCE NO. ________
3
N.The City Council held a public hearing on December 1, 2014 regarding
housekeeping amendments to the Planned Action applicable to the Sunset Area in order to
integrate the Reevaluation Alternative.
SECTION II.Procedures and Criteria for Evaluating and Determining Projects as
Planned Actions.
A.Planned Action Area. The Planned Action designation shall apply to the area
shown in Attachment A.
B.Environmental Document. A Planned Action determination for a site-specific
implementing project application shall be based on the environmental analysis contained in the
Draft EIS issued by the City on December 17, 2010, and the Final EIS published on April 1, 2011,
and the NEPA reevaluation/SEPA addendum published on _November 21 2014. The Draft and
Final EISs and the NEPA reevaluation/SEPA addendum shall comprise the Planned Action EIS.
The mitigation measures contained in Attachment B are based upon the findings of the above
mentioned environmental documentsPlanned Action EIS and shall, along with adopted City
regulations, provide the framework that the City will use to impose appropriate conditions on
qualifying Planned Action projects.
C.Planned Action Designated. Land uses and activities described in the Planned
Action EIS, subject to the thresholds described in subsection II.D and the mitigation measures
contained in Attachment B, are designated Planned Actions or Planned Action Projects
pursuant to RCW 43.21C.031. A development application for a site-specific Planned Action
project located within the Sunset Area shall be designated a Planned Action if it meets the
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criteria set forth in subsection II.D of this ordinance and applicable laws, codes, development
regulations and standards of the City.
D.Planned Action Qualifications. The following thresholds shall be used to
determine if a site-specific development proposed within the Sunset Area is contemplated by
the Planned Action and has had its environmental impacts evaluated in the Planned Action EIS:
(1)Land Use.
(a)The following general categories/types of land uses are
considered Planned Actions: Single family and multi-family residential; schools; parks;
community and public facilities; office and conference; retail; entertainment and recreation;
services; utilities; and mixed-use development incorporating more than one use category
where permitted.
(b)Individual land uses considered as Planned Actions shall include
those uses specifically listed in RMC 4-2-060 as permitted or conditionally permitted in the
zoning classifications applied to properties within the Planned Action area provided they are
consistent with the general categories / types of land uses in (1)(a).
(2)Development Thresholds.
(a)The following amount of various new land uses are anticipated by
the Planned Action:
Land Use Development Amount
Alternative 3 /
Reevaluation Alternative
FEIS Preferred Alt
Residential 2,506 units 2,339 units
Schools 57,010 gross square feet 57,010 gross square feet
Parks 0.25 -3.2 acres 3 acres
Office/Service 776,805 gross square 745,810 gross square
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ORDINANCE NO. ________
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feet feet
Retail 476,299 gross square
feet
457,119 gross square
feet
(b) The following infrastructure and utilities are considered planned
actions: roadways, water, wastewater, and stormwater facilities identified and studied in the
EIS.
(c) Shifting development amounts between categories of uses may
be permitted so long as the total build-out does not exceed the aggregate amount of
development and trip generation reviewed in the EIS, and so long as the impacts of that
development have been identified in the Planned Action EIS and are mitigated consistent with
Attachment B.
(d)The Renton Sunset Area Master Site Plan is included in
Attachment C and is to be used as a conceptual guide to redevelopment in that portion of the
Planned Action area, together with the land use studied in the NEPA reevaluation/SEPA
addendum published on November 21, 2014, and the use allowances of the Renton Municipal
Code.
(de) If future development proposals in the Planned Action area
exceed the development thresholds specified in this ordinance, further environmental review
may be required pursuant to WAC 197-11-172. Further, if proposed development would alter
the assumptions and analysis in the Planned Action EIS, further environmental review may be
required.
(3)Transportation - Trip Ranges and Thresholds. The number of new PM
Peak Hour Trips anticipated in the Planned Action area and reviewed in the EIS are as follows:
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Alternative/Period PM Peak Hour Trips*
2006 2,082 trips
2030 Alternative 3 / Reevaluation
Alternative
5,555 trips
2030 Preferred Alt 5,386 trips
Net increase from 2006 -> 2030
Alternative 3 / Reevaluation Alternative
3,473 trips
Net increase from 2006 -> 2030 Preferred
Alternative
3,304 trips
*all P.M. peak hour trips with at least one end (origin, destination, or both) in TAZs
containing the study area
Uses or activities that would exceed the range of maximum trip levels will require
additional SEPA review.
(4)Changed Conditions. Should environmental conditions change
significantly from those analyzed in the Planned Action EIS, the City’s SEPA Responsible Official
may determine that the Planned Action designation is no longer applicable until supplemental
environmental review is conducted.
E.Planned Action Review Criteria.
(1)The City’s Environmental Review Committee may designate as “planned
actions”, pursuant to RCW 43.21C.030, applications that meet all of the following conditions:
(a)The proposal is located within the Planned Action area identified
in Attachment A of this ordinance;
(b)The proposed uses and activities are consistent with those
described in the Planned Action EIS and subsection II.D of this ordinance;
(c)The proposal is within the Planned Action thresholds and other
criteria of subsection II.D of this ordinance;
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(d)The proposal is consistent with the City of Renton Comprehensive
Plan and applicable zoning regulations;
(e)The proposal’s significant adverse environmental impacts have
been identified in the Planned Action EIS;
(f)The proposal’s significant impacts have been mitigated by
application of the measures identified in Attachment B, and other applicable City regulations,
together with any modifications or variances or special permits that may be required;
(g)The proposal complies with all applicable local, state and/or
federal laws and regulations, and the Environmental Review Committee determines that these
constitute adequate mitigation; and
(h)The proposal is not an essential public facility as defined by RCW
36.70A.200(1).
(2)The City shall base its decision on review of a SEPA checklist, or an
alternative form approved by the Department of Ecology, and review of the application and
supporting documentation.
(3)A proposal that meets the criteria of this section shall be considered to
qualify and be designated as a planned action, consistent with the requirements of RCW
43.21C.030, WAC 197-11-164 et seq, and this ordinance.
F. Effect of Planned Action.
(1)Designation as a planned action project means that a qualifying proposal
has been reviewed in accordance with this ordinance and found to be consistent with its
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development parameters and thresholds, and with the environmental analysis contained in the
Planned Action EIS.
(2)Upon determination by the City’s Environmental Review Committee that
the proposal meets the criteria of subsection II.D and qualifies as a planned action, the proposal
shall not require a SEPA threshold determination, preparation of an EIS, or be subject to further
review pursuant to SEPA.
G.Planned Action Permit Process. Applications for planned actions shall be
reviewed pursuant to the following process:
(1)If the project is determined to qualify as a Planned Action, it shall
proceed in accordance with the applicable permit review procedures specified in RMC 4-8-080G
and 4-9, except that no SEPA threshold determination, EIS or additional SEPA review shall be
required. The decision of the Environmental Review Committee regarding qualification as a
Planned Action shall be final.
(2)Public notice and review for projects that qualify as Planned Actions shall
be tied to the underlying permit. The review process for the underlying permit shall be as
provided in RMC 4-8-080G and 4-9 as modified by RCW 43.21C.440(3)(b). If notice in addition to
that required by RCW 43.21C.440(3)(b) is otherwise required for the underlying permit, the
notice shall state that the project has qualified as a Planned Action. If notice is not otherwise
required for the underlying permit, no special notice is required by this ordinance.
(3)If a project is determined to not qualify as a Planned Action, the
Environmental Review Committee shall so notify the applicant and prescribe a SEPA review
procedure consistent with the City’s SEPA regulations and the requirements of state law. The
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notice shall describe the elements of the application that result in failure to qualify as a Planned
Action.
(4)Projects that fail to qualify as Planned Actions may incorporate or
otherwise use relevant elements of the Planned Action EIS, as well as other relevant SEPA
documents, to meet their SEPA requirements. The Environmental Review Committee may limit
the scope of SEPA review for the non-qualifying project to those issues and environmental
impacts not previously addressed in the Planned Action EIS.
SECTION III.Monitoring and Review.
A.The City shall monitor the progress of development in the designated Planned
Action area to ensure that it is consistent with the assumptions of this ordinance and the
Planned Action EIS regarding the type and amount of development and associated impacts, and
with the mitigation measures and improvements planned for the Sunset Area.
B.This Planned Action ordinance shall be reviewed no later than five (5) years from
its effective date by the Environmental Review Committee to determine the continuing
relevance of its assumptions and findings with respect to environmental conditions in the
Planned Action area, the impacts of development, and required mitigation measures. Based
upon this review, the City may propose amendments to this ordinance and/or may supplement
or revise the Planned Action EIS.
C. At the following time periods, the City shall evaluate the overall sustainability of
the Sunset Area Planned Action area defined in Attachment A consistent with Final EIS
Appendix A review of Goals and Objectives and LEED-ND qualitative evaluation, or an
equivalent approach:
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(1) At the time of the five (5)-year review in subsection IV.B above.
(2) At the time of a NEPA re-evaluation pursuant to 24 CFR Part 58.53, for
the Sunset Community Planned Action Area.
D. The City shall conduct a Greenroads evaluation or its equivalent at the time the
NE Sunset Boulevard design is at the 30% design level and at the 60% design level.
E. The City shall review the Potential Sunset Terrace Redevelopment Subarea at the
time of the five (5)-year review in subsection III.B in relation to the following evaluation criteria:
(1) Contribution of final conceptual designs to 2030 Regional Vehicle Miles
Travelled (VMT) consistent with Final EIS Table 3.2-4, Sunset Terrace Redevelopment Subarea
Contribution to Forecast 2030 Regional VMT.
(2) Changes in land use and population growth and resulting greenhouse gas
emissions of final conceptual designs compared to Tables 3.2-5 and 3.2-6 of the Final EIS, titled
respectively Assumed Land Use and Population Growth for Greenhouse Gas Emission
Calculations—Potential Sunset Terrace Redevelopment Subarea and Comparison of
Greenhouse Gas Emissions—Potential Sunset Terrace Redevelopment Subarea.
(3) Change in effective impervious area for Sunset Terrace Redevelopment
Subarea compared with Final EIS Preferred Alternative and Alternative 3 which resulted in a
decrease of approximately 0.51 acre (11%) to 1.07 acres (23%) compared to existing conditions
per Table 7 of the Planned Action ordinance Attachment B.
SECTION IV.Conflict. In the event of a conflict between this ordinance or any
mitigation measure imposed thereto, and any ordinance or regulation of the City, the
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provisions of this ordinance shall control except that the provision of any Uniform Code shall
supersede.
SECTION V.Severability.Should any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application be declared to be unconstitutional or invalid
by a court of competent jurisdiction, such decision shall not affect the constitutionality or
validity of the remaining portions of this ordinance or its application to any other person or
situation.
SECTION VI.Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect five (5)
days after its passage, approval and publication as provided by law.
PASSED BY THE CITY COUNCIL this _____ day of __________________, 20112014.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this _____ day of __________________, 20112014.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: _______________
ORD.1705:5/13/11:scr
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Moratorium on Residential Development within
the CA and RMF Zones
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits: Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Chip Vincent, x6588
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
On November 3, 2014, Council adopted a resolution establishing a moratorium on residential
development within the CA and RMF zones, except within the City Center Community Plan Area and for
previously approved and valid land use applications. A public hearing must be held within 60 days of
the adoption date.
STAFF RECOMMENDATION:
Set public hearing on December 1, 2014 to consider the moratorium on residential development.
6h. - Community and Economic
Development Department recommends Page 211 of 307
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
2014 Emergency Management Performance Grant
(EMPG)
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
2014 EMPG Contract E15-147
Submitting Data: Dept/Div/Board:
Fire & Emergency Services
Staff Contact:
Deborah Needham, Emergency Mgmt Director,
x7027
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ $0 Transfer Amendment: $$0
Amount Budgeted: $ $35,000.00 Revenue Generated: $$88,167.00
Total Project Budget: $ N/A City Share Total Project: $ N/A
SUMMARY OF ACTION:
The purpose of the Emergency Management Performance Grant (EMPG) is to improve local emergency
management programs. The EMPG provides supplemental funding to support the key components of a
comprehensive national emergency management system for disasters and emergencies. Grant funds
will be expended during FY2014, per requirements of the EMPG. Of the $88,167.00 grant amount,
$35,000.00 is already included in the budget. Therefore, a budget adjustment of the $53,167.00
difference is needed to reflect the actual grant amount awarded. Council had previously accepted the
award letter since the grant contract itself was delayed this year.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to sign the Washington State Military Department and the
Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract E15-
147 and approve the budget adjustment.
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Landing Gear Works, LLC Amendment 01-14 to
LAG 13-005
Meeting:
REGULAR COUNCIL - 17 Nov 2014
Exhibits:
Issue Paper
Amendment 01-014 to LAG 13-005
Submitting Data: Dept/Div/Board:
Public Works
Staff Contact:
Jonathan Wilson, Airport Manager (ext. 7477)
Recommended Action:
Refer to Transportation/Aviation Committee
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $19,000.95/yr
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Landing Gear Works, LLC is requesting to increase their leased area in the 295 East Perimeter Road
building (old control tower) by 1878 square feet under lease LAG 13-005. They operate an aircraft parts
manufacturing facility and will be expanding their business, adding staff and equipment. In addition
Landing Gear Works, LLC is requesting to extend the lease expiration date for an additional 18 months,
from February 28, 2015 to August 31, 2016.
STAFF RECOMMENDATION:
Approve lease amendment #1-14 to LAG-13-005 with Landing Gear Works, LLC and authorize the Mayor
and City Clerk to sign.
6j. - Transportation Systems Division
recommends approval of Amendment No. Page 246 of 307
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:November 17, 2014
TO:Don Persson, Council President
Members of the Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Public Works Administrator
STAFF CONTACT:Jonathan Wilson, Airport Manager (ext. 7477)
SUBJECT:Landing Gear Works, LLC Amendment 01-14 to LAG 13-005
ISSUE:
Should Council approve an increase of 1878 square feet in the area leased by Landing
Gear Works, LLC in the 295 East Perimeter Road building (old control tower), extend the
term of the lease for an additional 18 months, from February 28, 2015 to
August 31, 2016 and authorize the Mayor and City Clerk to sign Amendment 01-14 to
LAG 13-005?
RECOMMENDATION:
Approve an increase of 1878 square feet in the area leased by Landing Gear Works, LLC
in the 295 East Perimeter Road building (old control tower), extend the term of the
lease for an additional 18 months, from February 28, 2015 to August 31, 2016 and
authorize the Mayor and City Clerk to sign Amendment 01-14 to LAG 13-005.
BACKGROUND:
Landing Gear Works, LLC has been leasing 3502 square feet of space in the 295 East
Perimeter Road building (old control tower) since September 1, 2013 for their aircraft
parts manufacturing operation. They have been successfully managing their business
and will be increasing the number of employees and equipment to keep up with
industry demands. Landing Gear Works is requesting to increase their leased area to
add 600 square feet of office space for employees and 1278 square feet of storage
space for new equipment. They are also requesting to extend the term of their lease for
an additional 18 months, from February 28, 2015 to August 31, 2016.
6j. - Transportation Systems Division
recommends approval of Amendment No. Page 247 of 307
Don Persson, Council President
Members of the Renton City Council
Page 2 of 2
November 17, 2014
H:\File Sys\AIR - Airport, Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\2014 Agenda Bills\Ag Bill
- Landing Gear Works Amendment 1
The annual increase to the Airport leasehold revenue is $3241.95 ($19,000.95 new
annual leasehold vs. $15,759 existing annual leasehold), for the additional 1878 square
feet of leased area. The original term of the lease was for 18 months and expires on
February 28, 2015. Landing Gear Works is requesting to extend the term of the lease for
an additional 18 month period to expire on August 31, 2016. Kaynan’s leased area is
adjacent to the Landing Gear Works leased area and has a lease termination date of
August 31, 2016. Any further extensions of the Landing Gear Works lease would
coincide with any lease term changes to Kaynan’s lease.
cc:Doug Jacobson, Deputy PW Administrator – Transportation
Jonathan Wilson, Airport Manager
Hai Nguyen, Financial Analyst
6j. - Transportation Systems Division
recommends approval of Amendment No. Page 248 of 307
LAG13-005Amendment01-14AMENDMENTTOBUILDINGLEASEAGREEMENTCityofRentontoLandingGearWorks,LLCTHISAMENDMENTNo.itoLeaseAgreementLAG13-005isenteredintoasofNovember1,2014bytheCityofRenton,aMunicipalCorporation(Landlord)andLandingGearWorks,alimitedliabilitycompany(Tenant)andamendsthatcertainleaseagreementLAG13-005datedSeptember1,2013.RECITALS:WHEREAS,theTenantisleasing3,502squarefeetinthebuildinglocatedat295EastPerimeterRoad,underLeaseLAG13-005;andWHEREAS,Tenantdesirestoincreasetheleasedareainthebuildingbyadding600squarefeetofofficespaceand1,278squarefeetofstoragespace,asshownintheamendedExhibitA(LeaseMapandLegalDescription);andWHEREAS,thestandardbuildingleaserateis$4.50persquarefootperyearforthe4,102(3,502+600=4,102)squarefeetofofficespace;andWHEREAS,thestandardstorageleaserateis$0.42406persquarefootperyearforthe1,278squarefeetofstoragespace;andWHEREAS,theTenantdesirestoextendthetermoftheleaseforanadditionaleighteen(18)monthperiodtoexpireonAugust31,2016.NOW,THEREFORE,INCONSIDERATIONOFTHETERMSANDCONDITIONSHEREINCONTAINEDANDFOROTHERGOODANDVALUABLECONSIDERATION,THERECEIPTANDSUFFICIENCYOFWHICHISHEREBYACKNOWLEDGED,LANDLORDANDTENANTAGREETOAMENDTHELEASEASSETFORTHBELOW:WITNESSETH:1.TheLandlordandTenantdoherebyagreetoamendsectionlb.LegalDescriptionandReservationofEasementtoincreasethesquarefootageofthebuildingleasedareatobe4,102squarefeetofoffice/industrialuseand1,278squarefeetofstorageuse,asidentifiedintheamendedExhibitA,LeaseMapandLegalDescriptionofLeaseLAG13-005.ORIGINALLeaseAgreementLAG13-005CityofRentontoLandingGearWorksLLC6j. - Transportation Systems Division recommends approval of Amendment No. Page 249 of 307
City Clerk
6j. - Transportation Systems Division
recommends approval of Amendment No. Page 250 of 307
LAG13-005Amendment01-14AMENDEDEXHIBITALeaseAgreementLAG13-0053CityofRentontoLandingGearWorksLLC6j. - Transportation Systems Division recommends approval of Amendment No. Page 251 of 307
6j. - Transportation Systems Division
recommends approval of Amendment No. Page 252 of 307
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY AND THE CITIES OF AUBURN, BELLEVUE, FEDERAL WAY,
ISSAQUAH, KENT, KIRKLAND, MERCER ISLAND, REDMOND, SEATTLE, AND
TUKWILA REGARDING THE IMPLEMENTATION OF THE PUGET SOUND
EMERGENCY RADIO NETWORK.
WHEREAS, the City and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Seattle, and Tukwila (the "Cities") and King County (the
"County") are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal
government cooperative agreement; and
WHEREAS, the current public safety radio system is multi-headed. The south end cities
work with Valley Communications Center ("Valley Com"). The East side cities work with the
Eastside Public Safety Communications Agency ("EPSCA"). Seattle has its own self-contained
system (which does not interact with other systems), and the County has its system, which does
interact with Valley Com and EPSCA; and
WHEREAS, the hardware currently in use is outdated; and
WHEREAS, it is unknown how long the current system will operate; and
WHEREAS, to respond to the need to modernize the emergency radio system, the
County and the Cities have been working on a plan to implement a change over to a new
system and create a new legal entity to operate the new system. The plan would involve the
cooperation of all of these jurisdictions; and
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RESOLUTION NO.
WHEREAS, the proposal involves the creation of a new radio system called the Puget
Sound Emergency Radio Network or PSERN; and
WHEREAS, it is in the best interests of the residents of the City of Renton to construct
and implement a new emergency radio system;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION f. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with the Cities and the County regarding the implementation of the Puget
Sound Emergency Radio Network, which shall be substantially similar to the form attached
hereto as Exhibit A.
PASSED BY THE CITY COUNCILthis day of , 2014.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2014.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1651:ll/4/14:scr
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RESOLUTION NO.
EXHIBIT A
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
EXHIBIT A - 1
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Emergency Radio Network Page 255 of 307
RESOLUTION NO.
TABLE OF CONTENTS
I. 0 Rules of Construction and Definitions 4
2.0 Duration of Agreement 7
3.0 The Parties' Responsibilities 7
4.0 Joint Board 8
5.0 PSERN System Implementation 12
6.0 Dispatch Center Equipment Implementation 15
7.0 Subscriber Radio Equipment Implementation 16
8.0 PSERN Project Budget for Implementation Period 18
9.0 Transfer of System for Operations Period 20
10.0 Operations and Maintenance Pending Transfer 20
II. 0 Intellectual Property, Confidential Information and Records 21
12.0 Force Majeure 22
13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party22
14.0 Legal Relations 23
15.0 General 25
EXHIBITS
Ex. 1 Contracting Plan
Ex. 2 List of Party Owned/Controlled Sites
Ex. 3 List of Frequencies
Ex. 4 Cost Allocation Model
EXHIBIT A-2
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RESOLUTION NO.
Ex. 5 List of User Agencies Eligible for Radio Exchanges
Ex. 6 Contact Information
EXHIBIT A-3
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RESOLUTION NO.
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County ("County")
and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer
Island, Redmond, Renton, Seattle and Tukwila, each a political subdivision of the State
of Washington (individually, a "Party," and collectively, the "Parties").
RECITALS
A. The Parties, under various interlocal agreements, are responsible for the ownership,
operations and maintenance of various elements in the current King County Emergency
Radio Communications System (KCERCS), a voice radio system that is nearly twenty
years old and is increasingly unsupported by the supplier of the system's equipment,
software and repairs.
B. The Parties have determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications at a cost-effective price. Said new system is referred
to herein as the "Puget Sound Emergency Radio Network System" or "PSERN System."
C. The Parties seek to finance the costs of implementing the PSERN System by a
funding measure to be placed on the ballot by the King County Council for consideration
by the qualified electorate in King County.
D. The Parties desire that the County act as the lead agency for planning, procurement,
financing and implementation of the PSERN System and that a new non-profit entity will
be formed to assume the ownership and control of the PSERN System following Full
System Acceptance.
E. The purpose of this Agreement is to establish the terms under which the Parties will
undertake the planning, financing, procurement, site acquisition and development,
equipment installation, and other activities necessary to implement the PSERN System.
F. Concurrent with this Agreement, the Parties have entered into a second interlocal
cooperation agreement, referred to herein as the "PSERN Operations I LA," to establish
the terms under which the Parties will create a new entity, referred to herein as the
"PSERN Operator", to be responsible for the ownership, operations, maintenance, and
on-going upgrading/replacing of the PSERN System during its anticipated useful life.
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TERMS AND CONDITIONS OF AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein and other valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to the above Recitals and the following terms and
conditions.
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall also mean
and include the plural (and vice versa), and the masculine gender shall also mean and
include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all statutory or regulatory
provisions consolidating, amending or replacing the statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices are to this
Agreement and references to articles or sections followed by a number shall be deemed
to include all subarticles, subsections, subclauses, subparagraphs and other divisions
bearing the same number as a prefix.
1.1.4 The words "including," "includes" and "include" shall be deemed to be followed by
the words "without limitation".
1.1.5 The words "shall" or "will" shall be deemed to require mandatory action.
1.1.6 Words such as "herein," "hereof and "hereunder" are not limited to the specific
provision within which such words appear but shall refer to the entire Agreement taken
as a whole.
1.1.7 Words such as "person" or "party" shall be deemed to include individuals, political
subdivisions, governmental agencies, associations, firms, companies, corporations,
partnerships, and joint ventures.
1.1.8 References to "days" shall mean calendar days unless expressly stated to be
"Business Days." If the due date for a task, payment, or any other requirement falls on a
Saturday, Sunday or holiday observed by the County, the due date shall be deemed to
be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry meanings
are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for convenience of
reference only and in no way define, limit, or otherwise describe the scope or intent of
this Agreement, or any provision hereof, or in any way affect the interpretation of this
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Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the following
terms are defined for this Agreement as follows:
1.2.1 Agreement means this Puget Sound Emergency Radio Network
Implementation Period Interlocal Cooperation Agreement.
1.2.2 Alternate means a person appointed to serve in the absence of a Joint Board
Representative.
1.2.3 Appointing Party(ies) means the City of Seattle, the EPSCA Cities, the ValleyCom
Cities and King County.
1.2.4 Confidential Information means any information in written, graphic, verbal
or machine-recognizable form that: (a) is related to PSERN; (b) is provided to a
Party by another Party, the PSERN Contractor or another person or entity; and
(c) is marked or identified as "confidential", "proprietary," "trade secret" or similar
designation.
1.2.5 Cost Allocation Model means the method used for determining the user
rates applicable to Dispatch Centers and User Agencies for fees they will pay to
either the County or the PSERN Operator during the Operations Period.
1.2.6 County means King County, Washington.
1.2.7 Dispatch Center means a facility or an entity that uses PSERN to dispatch users
of Subscriber Radios.
1.2.8 EPSCA means the Eastside Public Safety Communications Agency.
1.2.9 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer
Island and Redmond, Washington.
1.2.10 Full System Acceptance (FSA) means the determination issued to the
PSERN Contractor upon satisfactorily completing the final system development
phase milestone.
1.2.11 Implementation Period means that period of time from the effective date
of this Agreement through and until the beginning of the first full month after
issuance of FSA.
1.2.12 Joint Board means the board formed by the Parties under this Agreement.
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1.2.13 KCERCS means the existing King County Emergency Radio
Communication System.
1.2.14 NAC means a notice of apparent completion issued under the contract
with the PSERN Contractor.
1.2.15 Operations Budget means the budget funded by fees from Dispatch
Centers and User Agencies to pay for the costs of operating, maintaining and
upgrading PSERN after FSA.
1.2.16 Operations Period means the period that commences with the first full
month after FSA.
1.2.17 Party means a signatory to this Agreement and excludes a signatory that
withdraws from this Agreement.
1.2.18 Project (or PSERN Project) means all authorized activities relating to the
planning, analysis, design, development, acquisition, site development, installation,
testing, training, and operation of the PSERN System until FSA, starting-up a new
PSERN Operator, transferring the PSERN System to same and any decommissioning,
contract close-out and other project completion activities.
1.2.19 Project Budget means the budget approved by the Joint Board to spend
the funds the County Council has appropriated to carry out PSERN Project
activities. 1.2.20 Project Fund means the funds held by the County to fund the
Project Budget including proceeds from the County-wide levy and proceeds from
any bond or debt instruments.
1.2.21 Project Director means the County employee assigned to lead Project
activities.
1.2.22 PSERN means the Puget Sound Emergency Radio Network.
1.2.23 PSERN Contractor means the prime contractor under County Contract
# (or the County Contract) that is responsible, among other things, for
supplying the PSERN System's equipment and software.
1.2.24 PSERN Operations Period I LA (or Operations Period I LA) means the interlocal
cooperation agreement entered into by the Parties concurrent with this Agreement to
establish the terms under which the Parties will create a new PSERN Operator to own,
operate, maintain, manage and upgrade/replace the PSERN System during the
Operations Period.
1.2.25 PSERN Operator means the new entity formed pursuant to the PSERN
Operations Period I LA.
1.2.26 PSERN Project (see "Project").
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1.2.27 Representative means a person appointed by an Appointing Party(ies) to
serve on the Joint Board.
1.2.28 Subscriber Radio means an end user radio and includes a mobile
(vehicular) and portable (handheld) radio which has been authorized and
programmed to operate on the System.
1.2.29 System means all the elements constituting the PSERN System,
excluding Subscriber Radios unless the context indicates inclusion.
1.2.30 User Agency means an entity that uses the PSERN System for its
employees' radio communications.
1.2.31 User Agency Agreement means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the System.
1.2.32 ValleyCom means the Valley Communications Center.
1.2.33 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent,
Renton, and Tukwila, Washington.
2.0 DURATION OF AGREEMENT
2.1 This Agreement shall take effect on the date when last signed by an authorized
representative of each Party.
2.2 Unless extended by written amendment as provided in Section 15.10 or
terminated earlier as provided in Section 13, this Agreement shall expire upon the
issuance of FSA and the County's written notice to the other Parties that all Project
activities have been completed.
2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter
approved measure prior to January 1, 2018, this Agreement shall terminate on January
1, 2018 unless extended by agreement of the Parties.
3.0 THE PARTIES' RESPONSIBILITIES
3.1 Appointing Representatives to Joint Board
The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as
provided under Section 4.
3.2 Use of Land and Improvements
To the extent provided in Section 5.3, each Party agrees to make land and
improvements available for PSERN System use.
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3.3 Use of Licensed Spectrum
To the extent provided in Section 5.4, each Party agrees to make licensed spectrum
under its direct or indirect control available for PSERN System use.
3.4 Cooperation on PSERN System Activities
Each Party understands and agrees that it is essential to public safety, within its
jurisdiction and throughout King County, that the PSERN System be implemented
without delay. In support of that objective, each Party agrees to cooperate in good faith
with each other in all activities related to the PSERN System's implementation,
operation and maintenance, which cooperation shall include: promptly responding to
requests for information among the Parties; exercising best efforts to expedite the
processing and execution of any requested reviews, inspections, approvals, permits,
leases and agreements; and timely performing any construction, installation, testing and
maintenance activities related to the PSERN System.
3.5 Other Responsibilities
The Parties shall be responsible for such other activities and obligations as are
specified herein or arise from a Joint Board action.
4.0 JOINT BOARD
4.1 Creation of Joint Board
By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW
39.34.030(4). The Joint Board is not a separate legal or administrative entity within the
meaning of RCW 39.34.030(3). The Joint Board shall oversee the activities of the
Parties in connection with the PSERN System as provided in this Agreement. The Joint
Board shall act on behalf of all Parties and as may be in the best interests of the
PSERN Project. The Joint Board is not authorized to enter into contracts, own assets, or
hire employees.
4.2 Joint Board Representatives
4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed
as follows by the Parties, or groups of Parties:
a. City of Seattle: one (1) Representative and one (1) Alternate.
b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond
collectively: one (1) Representative and one (1) Alternate.
c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively:
one (1) Representative and one (1) Alternate.
d. King County: one (1) Representative and one (1) Alternate.
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4.2.2 The non-voting Chair of the Joint Board shall be the Deputy County
Executive or his/her designee. The Chair or designee shall conduct the Joint
Board's meetings and supervise the administrative activities related to meetings
including scheduling, preparing the agendas, providing reports and other
information materials to the Representatives and creating records of Joint Board
actions.
4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of
a fire agency to serve as non-voting participants on the Joint Board, provided
they are from agencies within King County.
4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the
EPSCA Cities, and the Mayors of the ValleyCom Cities shall each provide to the
Joint Board's Chair a written notice identifying the names of a primary
Representative and an alternative Representative (Alternate) who are authorized
to speak, vote and otherwise act on behalf of their respective Appointing Party or
group of Parties. Such notices shall include the name(s), contact information and
effective date(s) of the appointments.
4.2.5 An Alternate may only speak and vote on behalf of his/her Appointing
Party(ies) if: (a) the Chair has received written notice of the Alternate's
appointment; and (b) the primary Representative is absent from the meeting.
References in this Agreement to a "Representative" shall include an Alternate
who has been appointed in accordance with this Agreement and is acting in the
absence of the primary Representative.
4.2.6 The Appointing Party or group of Parties shall promptly replace any
vacancy in its positions of Representative and Alternate and may, at any time,
replace its Representative or Alternate by giving the Chair of the Joint Board
written notice of the change including: the name(s), contact information and
effective date(s) of the replacement(s).
4.2.7 Each Representative and each Alternate shall be an employee of his/her
Appointing Party(ies), ValleyCom or EPSCA. No Representative or Alternate
shall be deemed to be an employee of, or entitled to compensation from, any
Party other than his/her Appointing Party.
Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Joint Board shall be all four (4) voting
Representatives and the Chair or his/her designee.
4.3.2 The Joint Board shall establish procedures for its operations and meetings,
including the establishing of a regular monthly meeting schedule and location
and providing for the scheduling of special and emergency meetings. To the
extent allowed by Washington law, the Joint Board may establish procedures for
conducting meetings by telephonic or other electronic means provided that all
Representatives and members of the public are able to hear each other during
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the meeting. If such procedures are established by the Joint Board, any
Representative participating in a meeting by such means is deemed to be
present at the meeting for all purposes including establishing a quorum.
4.3.3 The Joint Board shall take action by the unanimous vote of all four (4)
voting Representatives.
4.3.4 Representatives must be present at a meeting to vote and may not vote by
proxy.
4.3.5 The voting Representatives may select an acting Chair to serve in the
absence of the Chair or his/her designee.
4.3.6 The Joint Board shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
Joint Board Actions
4.4.1 The Joint Board shall oversee the implementation, operation and
maintenance of the PSERN System to the extent provided in this Agreement. In
furtherance of that oversight, the Joint Board is specifically authorized to take the
following actions:
a. Amend this Agreement including any exhibits;
b. Establish committees and advisory groups, including an advisory
operations board of emergency radio users, to perform activities related to
the PSERN Project or to provide reports or recommendations to the Joint
Board related to the PSERN Project;
c. Adopt and amend policies, business rules, procedures, standards and
guidelines related to the PSERN System including System access and
use, security, and System and Subscriber Radio maintenance, upgrading
and security;
d. Approve the Project Budget subject to County Council appropriation;
e. Approve contracts related to the Implementation Period;
f. Approve those leases related to the PSERN System for which the
monthly rent exceeds the per site monthly rent authorized in the Project
Budget;
g. Approve changes to PSERN System-related contracts if the cost of the
change exceeds the authority granted to the Project Director under the
Contracting Plan attached hereto and made a part hereof as Exhibit 1;
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h. Approve the PSERN System design and any changes to same
affecting System performance;
i. Approve the issuance by the County to the PSERN Contractor of Notice
of Apparent Completion (NAC) of the following milestones:
(i) Milestone 3H: System Optimization and RF Coverage
Testing
(ii) Milestone 3J Operational and Functional System Test
(iii) Milestone 3K Pilot Test with 100 Users
(iv) Milestone 5C Full System Acceptance
j. Approve a transition plan that defines the tasks, responsibilities and
schedule for transitioning from the KCERCS to the PSERN System
including moving Dispatch Centers and User Agencies onto the PSERN
System;
k. Approve the County's entering into agreements with User Agencies
and Dispatch Centers establishing the terms and conditions for access to
and use of the PSERN System;
I. Approve such other actions as are specified under this Agreement as
being made by the Joint Board;
m. Delegate the Joint Board's authority under this Agreement subject to
such limitations and conditions as the Joint Board may establish; and
n. Approve a Party's request to withdraw from this Agreement and the
terms and conditions of such approval in accordance with Section 13.
4.4.2 The PSERN System-related contracts will require prompt review of
deliverables and notices of milestone completion. The Joint Board shall hold
special meetings as needed and take action in a timely manner so as to avoid
delay and other claims by PSERN System-related contractors.
Impasse Resolution Procedure
4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting
but fails for lack of a unanimous vote by all four (4) Representatives, a voting
Representative may submit written notice of an impasse to the other
Representatives and the Joint Board Chair. The notice shall bo submitted within
seven (7) days of the Board's last vote on the matter and shall include a
statement of the action being sought and the history of any Joint Board
deliberation or vote(s) on the matter.
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4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his/her
designee shall designate a mediator to assist the Joint Board in resolving the
impasse. The mediator shall be experienced in resolving disputes in public
sector capital projects and may not be an employee of any of the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN Project
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Representatives to cooperate with the mediator in good
faith including expediting responses to any mediator requests for information and
discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Representatives. The mediator may recommend one or
more non-binding alternatives for resolving the impasse. Regardless of the
outcome of the mediation, each Party shall pay an equal percentage share of the
cost of the mediator's fees and expenses, if any. The County shall pay the
mediator and invoice each Party for its share. Each party shall pay the County
within thirty (30) days after receiving the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Joint Board to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected official
designated by the ValleyCom Cities. The Joint Board and the EEC shall
convene to consider the matter and attempt to reach a resolution, which may
include re-submitting the matter for a Joint Board vote, not later than twenty (20)
days after the date the mediator provided his/her recommendation(s).
4.6 Emergency Procedures
Consistent with applicable Washington State law, the Joint Board may adopt
procedures for providing direction and decision-making in the event of emergencies that
have or may have direct, significant and material negative effects on the
implementation, operation and maintenance of the PSERN System when consideration
of such emergencies by the Joint Board could not occur in a timely manner, all as
determined by the Chair of the Joint Board. The procedures shall set forth how an
emergency is declared and who declares it. Such procedures may allow expedited
procurement and contracting procedures by the Project Director to address the
emergency, as may be permitted by Washington State law. Each decision made
pursuant to such procedures shall be communicated to the Parties as soon as
reasonably possible and shall be subject to ratification by the Joint Board in a regular or
special meeting within two (2) weeks after the finding of an emergency by the Chair of
the Joint Board.
4.7 Record of Action
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Actions by the Joint Board shall be memorialized in writing and signed by the Chair or
acting chair of the Joint Board. A copy of each action shall be distributed to each Joint
Board Representative and Alternate within ten (10) Business Days of the action.
4.8 Joint Board Administrative Support
The County shall provide administrative support for the Joint Board. The cost of
providing such support shall be covered by the PSERN Project Budget during the
Implementation Period and by the PSERN Operations Budget during the Operations
Period.
5.0 PSERN SYSTEM IMPLEMENTATION
5.1 Project Management
The County will be responsible for performing all Project management activities including:
a. all personnel actions related to the Project Director and other County
employees assigned to Project activities;
b. scheduling and management of day-to-day Project activities;
c. developing a Project Budget and obtaining County Council
appropriation(s), approving expenditures, and tracking expenditures
against the Project Budget including its contingency;
d. developing, tracking, and updating all required Project documentation;
e. developing and performing all financial, accounting and inventory-
control processes including establishing a Project Fund to receive levy
and bond proceeds, processing invoices and making payments and
distributions from the Project Fund, responding to audits, and tracking the
receipt and distribution of equipment and other deliverables in accordance
with applicable laws, regulations and policies;
f. developing and implementing a transition plan for Joint Board approval;
g. coordinating PSERN Project activities with the Parties and the
KCERCS's users; and
h. providing regular reports to the Joint Board on the Project's activities
during the Implementation Period.
5.2 Contracting and Equipment Ownership
5.2.1 Subject to Joint Board approval, the County will procure, execute and administer
all contracts, licenses and agreements related to the planning, analysis, design,
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development, installation, construction and testing of the equipment, software, facilities,
improvements and other elements of the PSERN System.
5.2.2 The Project Director shall be responsible for contract procurement and contract
administration activities in accordance with Exhibit 1 and any emergency contracting
procedures approved by the Joint Board.
5.2.3 As the Party entering into the contract(s), the County will become the owner of
the delivered PSERN System equipment except as provided in Section 7 for Subscriber
Radios. The County will transfer said ownership to the new PSERN Operator formed
underthe PSERN Operations ILA in accordance with Section 9.
PSERN System Sites
5.3.1 Subject to Joint Board approval if required under Section 4.4.1(f), the County will
enter into leases and other arrangements to acquire the rights, for itself and its
contractors, successors and assigns, to access, install, use, develop, or construct
towers, structures, equipment, facilities and other improvements as needed for PSERN
System implementation.
5.3.2 The PSERN System sites identified in the List of Party Owned/Controlled
Sites, attached hereto and made a part hereof as Exhibit 2, are controlled directly
or indirectly by those Parties as indicated therein. If and to the extent a Party's
interest permits, each such listed Party agrees to enter into a lease(s),
assignment or other appropriate agreement with the County to permit the use by
the PSERN System of the listed site(s) under its control on terms and conditions
no worse than the best terms and conditions (for the lessee) that are then
applicable in a comparable lease, license or agreement with another
governmental entity. Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.3 If during the PSERN System design process, other potential locations for
PSERN System equipment or facilities are identified on any land or any
improvement (such as buildings and towers) in which any Party has an
ownership or tenancy interest, or otherwise controls, directly or indirectly through
EPSCA or ValleyCom, then subject to any legal limitations, such Party agrees to
enter into a lease(s), assignment or other appropriate agreement with the County
to permit the use of such land or improvements by the PSERN System.
Notwithstanding the forgoing, a Party shall not be required to enter into any
lease, assignment, or other agreement that impairs a Party's right and ability to
use the equipment or facilities as necessary for KCERCS or the Party's own
purposes. The land and improvements shall be offered to the County:
a. with a right of first refusal; and
b. on terms and conditions no worse than the best terms and
conditions (for the lessee) that are then applicable in a comparable
lease, license or assignment with another governmental entity.
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Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to
terminate or interfere with an existing lease or use of land or improvements.
5.3.5 The Parties will cooperate with the County in fulfilling its role and responsibilities
under this Agreement. Without limiting the foregoing, the EPSCA Cities and the
ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom
boards, respectively, as necessary to effect the purposes and intent of this Section 5.3
and to the extent permitted by law.
Frequencies
5.4.1 The Parties agree that they will cooperate with the County in any Federal
Communications Commission process or application necessary to make available, or
cause to be made available, for use in the PSERN System the licensed frequencies
identified in the List of Frequencies attached hereto and made a part hereof as listed in
Exhibit 3. As part of the PSERN System design process, the Parties agree to cooperate
in the development of PSERN Frequency Plans including agreeing to relicensing
frequencies from the sites in which they are currently used to other sites in the PSERN
System. Further, the Parties will consent to use of frequencies by the County and the
PSERN Contractor underthe design standards of the PSERN System.
5.4.2 The Parties will cooperate with the County in fulfilling its role and responsibilities
under this Agreement. Without limiting the foregoing, the EPSCA Cities and the
ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom
boards, respectively, as necessary to effect the purposes and intent of this Section 5.4.
5.4.3 In the event a Party withdraws or otherwise terminates its participation in this
Agreement and the PSERN System, it shall surrender all rights and interests it may have
or claim to have in any frequencies determined by the Joint Board to be necessary for
the PSERN System. The provisions and obligations of this Section 5.4 shall survive any
termination of, or a Party's withdrawal from, this Agreement.
5.4.4 As more fully described in the PSERN Operations ILA, the Parties agree to take
all steps necessary to ensure that all spectrum used in the PSERN System is transferred
to and licensed in the name of the PSERN Operator to which ownership of the PSERN
System is transferred after FSA. Said transfer and re-licensing shall be effected within
sixty (60) days after ownership of the PSERN System has been transferred to the
PSERN Operator.
5.4.5 Any frequencies currently used in KCERCS which are not reused in the PSERN
System shall remain in the name of the original licensee under KCERCS and shall not
be transferred to the PSERN Operator.
5.4.6 If the PSERN Project is terminated prior to FSA, or if following FSA the PSERN
System is abolished in its entirety, the PSERN Operator (or if it has not yet been
created, the County) will take all steps necessary to transfer the frequencies surrendered
pursuant to this Section 5.4 back to each of the Parties, EPSCA, and ValleyCom, and/or
their successors.
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5.5 Transition from KCERCS to the PSERN System
5.5.1 The Parties agree to continue to operate and maintain the central switch, sub-
systems and other elements of KCERCS to the extent the Parties directly or indirectly
control such elements until the issuance of FSA of the PSERN System or such other
time as the Joint Board approves. Nothing in this Agreement shall be interpreted to
require a Party to undertake any action that would adversely and materially impact a
Party's ability to operate KCERCS as necessary for public safety through the
Implementation Period.
5.5.2 The Parties shall cooperate with each other in implementing the transition from the
KCERCS to the PSERN System including:
a. moving or removing, or causing/permitting such moving or removing, of
KCERCS equipment to accommodate the installation of PSERN System
equipment;
b. consenting to the use by the County of frequency licenses for use in the
PSERN System during the Implementation Period and until the licenses are
transferred to the PSERN Operator, by:
(1) executing letters of concurrence allowing the County to be a co-
licensee for those frequencies during the Implementation Period; and
(2) unlicensing those frequencies used by PSERN; and
c. timely performance of all applicable tasks and responsibilities specified in the
Transition Plan adopted by the Joint Board.
5.5.3 The County will serve as the PSERN System manager and enter into preliminary
agreements with Dispatch Centers and User Agencies establishing the terms and
conditions for their transition to and use of the PSERN System, as more fully described
in Sections 6 and 7.
5.5.4 Through their direct or indirect participation on the KCERCS's Regional
Communications Board, the Parties agree to take such actions as are necessary to
effect the purposes of this section and any other matter necessary to the transition from
the KCERCS to the PSERN System.
5.6 Decommissioning of KCERCS
It is expected that through the PSERN Project, all KCERCS equipment will be decommissioned
and removed. However, to the extent KCERCS equipment is not decommissioned and
removed due to a decision by the Joint Board or a Party, the Parties shall be responsible for
decommissioning the elements of the KCERCS that they own or are owned by entities in which
they participate.
6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION
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6.1 Dispatch Center Equipment
The PSERN Project Budget will fund the purchase of certain PSERN System equipment
that will be installed at Dispatch Centers in King County in a like-for-like exchange of
existing KCERCS-related equipment in order to enable the Dispatch Centers to access
and use the PSERN System. The County shall be the owner of said PSERN System
equipment during the Implementation Period and will transfer ownership to the PSERN
Operator as provided in Section 9.
6.2 Dispatch Center Agreements
As a condition of using said new equipment and the PSERN System, each Dispatch
Center shall be required to enter into a Dispatch Center Agreement with the County or
the PSERN Operator. Neither the County nor the PSERN Operator may deny consoles
or console service to any Dispatch Center that enters into and complies with the
provisions of a Dispatch Center Agreement. The Dispatch Center shall include, among
others terms, the following:
a. a grant by the Dispatch Center to the County and its successors and
assigns for the space, access rights, power, fiber connections, internet
access and other resources necessary for the County and its contractors
to deliver, store, install, test, operate and maintain PSERN System
equipment;
b. the quantities and types of equipment that will be funded by the
PSERN Project Budget and installed at the Dispatch Center;
c. the schedule and locations for installation and testing of said equipment
and training users;
d. the provision that the County or PSERN Operator, as appropriate, will
provide maintenance, updates, and upgrades to consoles for as long as
they shall remain in service and owned by the County or the PSERN
Operator;
e. the process for repairing/replacing/upgrading equipment;
f. the obligations for the Dispatch Center to pay the user fees and other
costs of connecting to the PSERN System during the Operations Period;
g. the Dispatch Center is responsible for theft, damage or other loss after
delivery of equipment to the Dispatch Center's facility; and
h. a commitment by the Dispatch Center to execute a novation replacing
the County with the new PSERN Operator for the Operations Period.
If a Party or entity is both a Dispatch Center and a User Agency, the above provisions
may be addressed in a single Dispatch Center/User Agency Agreement.
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7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION
7.1 County Purchase of Initial Order of Subscriber Radios
Pursuant to an executed User Agency Agreement as provided in Section 7.4, the
County will purchase initial orders of Subscriber Radios on behalf of all User Agencies.
Ownership of said County-purchased Subscriber Radios will be transferred to the User
Agencies following FSA. User Agencies may enter into "piggyback" contracts with the
PSERN Contractor for the direct purchase of additional Subscriber Radios.
7.2 Project Funding for Certain Subscriber Radios
The PSERN Project Budget will be used to fund the initial order of certain types of
Subscriber Radios and accessories for the User Agencies identified in the List of User
Agencies Eligible for Radio Exchanges, which is attached hereto and made a part
hereof as Exhibit 5. A User Agency listed in Exhibit 5 shall be eligible to receive a
Project-funded Subscriber Radio and a kit of standard accessories in exchange for a
trade-in radio used in the KCERCS, provided that each trade-in radio:
a. was an active radio in the KCERCS zone controller within thirty (30)
days prior to the date of the exchange; and
b. is an operable radio at the time of the exchange.
The new Subscriber Radio funded by the Project Budget shall be the type of radio as
listed in Exhibit 5 that is the nearest equivalent to the trade-in radio.
7.3 Payments by User Agencies
7.3.1 A User Agency that is listed on Exhibit 5 shall pay the County for the
added costs of any Subscriber Radios, features and accessories that are not
covered by the Project Budget under Section 7.2.
7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full
cost, including taxes, of any Subscriber Radio purchased by the County on its
behalf.
7.3.3 The County shall establish the method and timing of such payments in
advance of placing an order with the PSERN Contractor.
7.4 User Agency Agreements
No User Agency may register or use a radio or other device on PSERN unless it has
entered into a User Agency Agreement with the County or the PSERN Operator.
Neither the County nor the PSERN Operator may deny radios or radio service to any
agency permitted to be licensed in the 800 MHz Public Safety Radio Spectrum pursuant to 47
C.F.R. Part 90 if that agency enters into and complies with the provisions of a User
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Agency Agreement. The User Agency Agreements shall include, among other terms,
the following:
a. the quantities and types of Subscriber Radios that will be funded by the
PSERN Project Budget and the amounts to be paid by the User Agency;
b. designation of the User Agency's status (primary or secondary) and
priorities at the talkgroup level;
c. a grant of all space, access rights, power and other resources
necessary for the County and its contractors to deliver, store, install, and
test Subscriber Radios;
d. the schedule and locations for installation and testing of Subscriber
Radios and user training;
e. the central management of encryption keys and the template for
programming User Agency radios;
f. the prohibition with applicable timeframes on a User Agency's re-sale or
transfer of any Subscriber Radios and the requirements for tracking and
reporting all Subscriber Radios to the County;
g. the terms for use of the System including acceptable equipment
models and features, protocols, maintenance standards and other
conditions;
h. the process for repairing/replacing Project-funded Subscriber Radios
through the end of the warranty period;
i. the obligations for the User Agency to pay the user fees and other costs
of connecting to the PSERN System during the Operations Period;
j. the User Agency is responsible for theft, damage or other loss after
delivery of equipment to the User Agency's facility; and
k. a commitment by the User Agency to execute a novation replacing the
County with the new PSERN Operator for the Operations Period.
8.0 PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD
8.1 Funding of Project Budget
The PSERN Project Budget will be funded by proceeds from a County-wide property tax levy
and, as needed, proceeds from bond or other debt instruments issued by the County. The
reimbursement and other payments provided under this Section are conditioned upon voter-
approval of the funding levy and the County Council's adoption of an appropriation for the
PSERN Project Budget. Except as provided in this Agreement or by action of the Joint Board,
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the City of Seattle, the EPSCA Cities, and ValleyCom Cities shall not be required to reimburse
the PSERN Project Budget or the County for costs incurred during the Implementation Period.
8.2 Elective Contract Change
8.2.1 Any Contract Change determined by the Project Director to be elective, must be
approved in advance by the Joint Board. The Joint Board may approve the Contract
Change either as an Elective Contract Change or if the Joint Board determines the
change is not elective, as a Contract Change. At the time the Joint Board approves an
Elective Contract Change, it shall also approve a reimbursement allocation for the cost
of the Elective Contract Change to be paid by one or more Parties in the event the
Project Budget is insufficient to cover some or all of the cost of the Elective Contract
Change as described in Section 8.2.2 below.
8.2.2 At the end of the Implementation Period, if the PSERN Project Budget is
insufficient to pay the reimbursements and payments provided in this Section 8,
the Parties shall reimburse the PSERN Project Budget for all Elective Contract
Changes according to the allocations approved by the Joint Board, up to the
amount of the budget shortfall beginning with the first adopted Elective Contract
Change and proceeding in chronological order.
8.3 Reimbursement of Planning Phase Costs
8.3.1 The County shall use the Project Budget to reimburse itself, the City of Seattle,
EPSCA and ValleyCom for the following costs incurred from August 1, 2012, through the
start of the Implementation Period:
a. the costs of staff labor hours expended on planning, analysis, procurement,
legal and other PSERN System-related activities; and
b. the costs of technical, financial, consultant, legal and other contractor services
related to the PSERN System.
Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate
that is used in the normal course when the employee's time is charged for other
purposes. Reimbursement for contractor services shall be at the reasonable, actual
amount paid by the agency seeking reimbursement.
8.3.2 Requests for reimbursement under this Section 8.2 may be submitted to the
County after the County Council's adoption of a PSERN Project Budget and
appropriation.
8.3.3 Requests shall be submitted on a form prescribed by the County and be
accompanied by such documentation as the County may require including time records
and invoices.
8.4 Administrative, Election and Financing Costs
The Project Budget shall cover the County's costs of providing administrative support to the
Joint Board and the election, legal, financing, administration and other costs associated with the
levy and the issuance of any bonds or other debt financing.
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8.5 Reimbursement of Implementation Period Costs
8.5.1 The Project Budget shall cover all of the County's costs incurred during the
Implementation Period including:
a. payments to the PSERN Contractor and other contractors
b. County labor and internal charges
c. rents, fees and other costs related to real property access and
development activities
d. insurance
e. equipment, tools, technology, devices, vehicles and supplies
f. travel
g. training
h. fuel
i. freight
j. utilities
k. security systems and services
I. road maintenance
m. cost of claims, litigation and related legal and other expenses.
8.5.2 The County shall use the Project Budget to reimburse the City of Seattle, EPSCA
and ValleyCom for the costs of staff labor hours expended during the Implementation
Period on the following PSERN System-related activities:
a. preparation for and participation at Joint Board and technical committee
meetings;
b. witnessing the PSERN Contractor's factory testing, field testing of
infrastructure and coverage testing; and
c. escorting PSERN Contractor personnel to sites at which the City of Seattle,
EPSCA or ValleyCom have current KCERCS maintenance responsibilities.
Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate
that is used in the normal course when the employee's time is charged for other
purposes. Requests for reimbursement shall be submitted on a calendar quarter basis
following the County Council's adoption of an appropriation for the PSERN Project
Budget. Failure to submit a request within sixty (60) days after the end of a calendar
quarter shall constitute a waiver of any reimbursement for cost incurred in said quarter.
Requests shall be submitted on a form prescribed by the County and be accompanied
by such documentation as the County may require including time records and invoices.
8.6 Subscriber Radio Purchases
The Project Budget will be used to fund the initial order of certain types of Subscriber Radios
and accessories as provided in Section 7.
8.7 PSERN Operator's Start-up Costs
Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall pay to
said PSERN Operator the amount specified in the Project Budget for the new PSERN
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Operator's pre-FSA expenses for start-up activities under Section 9.2 and the Operations Period
I LA.
8.8 System Transition Stabilization Fund
The County shall, within the Project Budget, create a PSERN System Transition Stabilization
Fund in the amount of $ , the purpose of which shall be to reduce and phase in the
impact of increased rates on PSERN System User Agencies and Dispatch Centers. By March
31 of the year prior to the expected date for FSA as projected by the Project Manager, the Joint
Board shall adopt a System Transition Stabilization Fund plan. The plan may include
stabilization funding for some or all User Agencies and Dispatch Centers whose rate under the
PSERN System in the first three years after FSA will be higher than in 2015 under KCERCS.
9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD
9.1 Creation of a new PSERN Operator
Not later than one year prior to the expected date for FSA as projected by the Project Manager,
the Parties shall create and establish a non-profit corporation as authorized under RCW
39.34.030 to own, operate, maintain, manage and upgrade/replace the PSERN System during
the Operations Period.
9.2 Start-up of PSERN Operator
As provided in the Operations Period I LA, the Parties shall cause said new PSERN
Operator to hire an Executive Director and staff, train staff, establish facilities, contract
for goods and services, install systems and undertake all other steps necessary for the
PSERN Operator to be able to accept the transfer of the PSERN System from the
County and be fully responsible for the Operations Period upon issuance of FSA by the
Joint Board.
9.3 Transfer and Novation Agreements
The Parties shall cause the PSERN Operator to enter into agreements with the County
and third parties that effect the following upon FSA and after the County has determined
and notified the Parties that all Implementation Period activities have been completed:
a. transfer all PSERN System-related equipment (other than subscriber
radios as provided in Section 7.0); and
b. the novation of the contract with the PSERN Contractor, the Dispatch
Center and User Agency Agreements and all licenses, leases and other
contracts and agreements related to the PSERN System.
The Parties intend and agree that the PSERN Operator shall be deemed to be the
successor to the County for all PSERN System purposes and shall assume all of the
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County's rights, responsibilities and liabilities under said contracts, licenses, leases and
agreements.
10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER
10.1 Interim Operations
If the transfer of the PSERN System is not completed as provided in Section 9.0 above
and the PSERN Operations Period I LA, then the County may continue to operate and
maintain the PSERN System after FSA.
10.2 Cost Allocation Model
10.2.1 In the event the transfer to a new PSERN Operator has not occurred and
if the County continues to act as the lead for operations and maintenance beyond
FSA, the County will be paid monthly user rates by each Dispatch Center and
User Agency, based on the Cost Allocation Model, until the transfer occurs and
the County has closed out its role and incurs no more costs.
10.2.2 The Cost Allocation Model shall be applied to an annual Operations
Budget developed by either the County or the PSERN Operator for each
calendar year of Operations after FSA. The Dispatch Center and User Agency
rates shall be recalculated annually to reflect cost changes from January 1
through December 31 of each year, and shall be included in the Operations
Budget, which shall be subject to approval by the Joint Board.
10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate
the share of costs to be billed to the Dispatch Centers and User Agencies in
accordance with the Cost Allocation Model and Operations Budget in the coming
year and transmit that information to each Dispatch Center and User Agency.
10.3 The County shall collect fees in accordance with the Dispatch Center and User
Agency Agreements.
11.0 INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND
RECORDS
11.1 Intellectual Property
The Parties may be provided with products, documents or other deliverables related to
the PSERN System that are the subject of copyright, trade secret and other intellectual
property rights of, or claims of such rights. Each Party agrees that it will exercise any
intellectual property license rights in accordance with the license provisions of the
County Contract and any other applicable licenses so long as the Party has prior notice
of the license requirements.
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11.2 Confidential Information
11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential
Information to those employees, contractors or other persons who have a
reasonable business need to know such information; and (b) take all reasonable
care, and not less than the care the Party applies to its own confidential
information, to prevent unauthorized use or disclosure of Confidential
Information. Each Party agrees that it will not use, copy, convey or disclose any
Confidential Information to any other person or entity unless expressly authorized
in writing by the person that provided the Confidential Information or as may be
required by law.
11.2.2 Such care shall include: (a) requiring such employees, contractors or
other persons to sign a nondisclosure agreement; (b) requiring any contractors to
also undertake reasonable protection measures; and (c) promptly enforcing any
violations of such agreements.
11.3 Records.
11.3.1 Each Party shall keep records as required by state law and in
accordance with such policies, procedures and retention schedules as may be
established by the Joint Board. To the extent permitted by law, all records,
accounts and documents relating to matters covered by this Agreement shall be
subject to inspection, copying, review or audit by the Washington State Auditor or
any Party. Upon reasonable notice, during normal working hours, each Party
shall provide auditors from the Washington State Auditor or the other Parties with
access to its facilities for copying said records at their expense.
11.3.2 Each Party shall be responsible for responding to public disclosure
requests addressed to it in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, and such procedures as mav be established bv the
Joint Board. If a Party receives a public records request for records related to
the PSERN System, the Party receiving the request shall promptly notify the
Project Director and the Joint Board. Absent agreement by the Parties on other
arrangements, the Party receiving the request shall remain responsible for
responding to the requester. In the event a request for records is addressed to
the Joint Board but specifies records of a single Party, such Party shall assume
responsibility for responding to the request. In the event a request for records is
addressed to the Joint Board but does not specify records of a single Party, the
County shall assume responsibility for coordinating the Parties' response to the
request.
11.3.3 If the requested records include any Confidential Information, the Party receiving
the request shall promptly notify the Party or other person or entity that designated the
information as Confidential Information. Any Party receiving a public records request
that includes Confidential Information shall not disclose the Confidential Information for
ten (10) business days in order to give the affected Party or third party the opportunity to
take whatever action they deem necessary to protect their interests before disclosure of
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the Confidential Information. A Party receiving a public disclosure request shall not be
required to take any legal action in order to prevent disclosure of Confidential
Information, nor shall a Party incur any liability to any other Party for disclosing
Confidential Information in response to a public disclosure request so long as the
disclosing Party has complied with the provisions of this Section 11.
12.0 FORCE MAJEURE
Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents,
shutdowns for purpose of emergency repairs, strikes and other labor disruptions, and other
industrial, civil or public disturbances that are not reasonably within the control of a Party
causing the Party's inability to perform an obligation under this Agreement are "Force Majeure
Events." If any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform
or comply with any obligation or condition of this Agreement, such obligation or condition shall
be suspended for the time and to the extent reasonably necessary to allow for performance and
compliance and restoration of normal operations.
13.0 TERMINATION OF AGREEMENT; WITHDRAWAL AND REMOVAL OF
A PARTY
13.1 Termination of Agreement by Joint Board.
The Joint Board may terminate this Agreement in its entirety by the unanimous affirmative vote
of all voting Representatives.
13.2 Withdrawal of a Party.
13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Joint Board including its reasons therefor, a description
of the probable impacts on the other Parties, a description of the probable
impacts to the scope, schedule and budget of the PSERN Project and a
proposed withdrawal work plan that will identify all necessary actions which need
to be undertaken to effect the withdrawal.
13.2.2 Upon receipt of the above-described notice and information, the Joint
Board will consider the request for withdrawal. The Joint Board may in its sole
discretion approve a Party's request to withdraw from this Agreement and
establish any terms and conditions for approval. Approval requires a unanimous
vote of all voting Representatives on the Joint Board.
13.2.3 A Party that is permitted to withdraw shall remain responsible for any
obligations that arose prior to the effective date of the withdrawal and for any that
are specified under Section 15.14 as surviving a withdrawal. A withdrawing Party
shall be solely liable for any actual costs to the other Parties arising out of or
resulting from the withdrawal. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prior to the effective date of the
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RESOLUTION NO.
withdrawal or, if such amounts are not yet established, then within thirty (30)
days after the amount is established.
14.0 LEGAL RELATIONS
14.1 Independent Contractors and No Third Party Beneficiaries
14.1.1 Each party to this Agreement is an independent contractor with respect to
the subject matter herein. No joint venture or partnership is formed as a result of
this Agreement.
14.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party's
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
14.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties, ValleyCom and EPSCA and gives no right to any other person or
entity.
14.2 Claims Arising from the Joint Board's Acts or Omissions
The Parties agree to share the cost, including the costs of defense, in the event of any
claim, lawsuit, demand, judgment, award or liability of any kind against the Joint Board,
any Party, ValleyCom or EPSCA and their respective officials and employees
("Claim(s)") arising out of, or in any way resulting from: (a) a Joint Board action or
failure to act; or (b) the County's acts or omissions arising from a Joint Board action or
failure to act. The Parties agree to share the costs arising from such a Claim(s),
including the costs of defense in the following percentages:
a. King County shall be liable for 25%;
b. City of Seattle shall be liable for 25%;
c. the EPSCA Cities shall be jointly and severally liable for 25%; and
d. the ValleyCom Cities shall be jointly and severally liable for 25%
The Parties agree to cooperate with each other as necessary in responding to and
defending against all such Claims, which may include developing a joint defense plan.
14.3 Other Claims
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RESOLUTION NO.
Except for a Claim covered by Section 14.2, each Party to this Agreement shall protect,
defend, indemnify, and save harmless the other Parties and their respective officials
and employees, from any and all Claims, arising out of, or in any way resulting from, the
indemnifying Party's negligent acts or omissions. No Party will be required to indemnify,
defend, or save harmless any other Party if the claim, suit, or action for injuries, death,
or damages is caused by the sole negligence of another Party. Where such claims,
suits, or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party's own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims underthe Industrial
Insurance provisions of Title 51 RCW.
14.4 Waiver of Consequential and Certain Other Damages
ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST EPSCA,
VALLEYCOM, THE OTHER PARTIES, AND THEIR RESPECTIVE OFFICALS AND
EMPLOYEES FOR ANY: COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME,
DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR
ARISING FROM THIS AGREEMENT, PROVIDED THAT THIS SECTION SHALL ONLY APPLY
TO CLAIMS BETWEEN AND AMONG THE PARTIES, EPSCA AND VALLEYCOM, AND
SHALL NOT BE INTERPRETED TO LIMIT ANY CLAIMS BROUGHT PURSUANT TO
SECTION 14.3.
14.5 In the event that any of the Parties or combination of the Parties incurs any
judgment, award, and/or cost arising therefrom, including attorney fees, to enforce the
provisions of this Section 14, all such fees, expenses, and costs shall be recoverable
from the responsible Party or combination of the Parties to the extent of that
Party's/those Parties' culpability.
14.6 The provisions of this Section 14 shall survive the expiration or termination of this
Agreement.
15.0 GENERAL
15.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
15.2 Time of the Essence
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The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
performance, damages and any other remedies available under this Agreement, at law
or in equity.
15.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
15.5 Parties Not Relieved of Statutory Obligations
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Joint Board, the performance may be offered in
satisfaction of the obligation or responsibility.
15.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Joint Board.
15.8 Dispute Resolution
If one or more Parties believes another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation in accordance with the process provided in Section 4.5. If the Parties submit
the matter to mediation and the matter is not resolved, then the aggrieved Party shall be
entitled to pursue any legal remedy available.
15.9 Entire Agreement
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The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
expressly contained in this Agreement has been made conferring any benefit upon
them.
15.10 Amendment Only In Writing
This Agreement may be amended by action of the Joint Board in accordance with
Section 4.4.1.
15.11 Notices
15.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Chair of the Joint Board, the Project Director and to each
Party's Representative. Any notice may be given by certified mail, overnight
delivery, facsimile telegram, or personal delivery. Notice is deemed given when
delivered. Email may be used for notice that does not allege a breach or dispute
under this Agreement.
15.11.2 The names and contact information set forth in Contact Information,
attached hereto and made a part hereof as Exhibit 6, shall apply until amended
in writing by a Party providing new contact information to each other Party.
15.12 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this Agreement
shall be governed, construed, and enforced in accordance with the substantive and procedural
laws of the State of Washington. The Parties agree that the Superior Court of King County,
Washington shall have exclusive jurisdiction and venue over any legal action arising under this
Agreement.
15.13 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.14 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal from this Agreement.
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Section 11 Intellectual Property, Confidential Information and Records
Section 14 Legal Relations
Section 15.12 Choice of Law; Venue
Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall
survive a Party's withdrawal from this Agreement.
15.15 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names in the spaces provided below.
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CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
KING COUNTY AND THE CITIES OF AUBURN, BELLEVUE, FEDERAL WAY,
ISSAQUAH, KENT, KIRKLAND, MERCER ISLAND, REDMOND, SEATTLE, AND
TUKWILA ENTITLED PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT.
WHEREAS, the City and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Seattle, and Tukwila and King County (the "Parties") are
authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative
agreement; and
WHEREAS, the Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King County
Emergency Radio Communications System, a voice radio system that is nearly 20 years old and
is increasingly unsupported by the supplier of the system's equipment, software and related
repairs; and
WHEREAS, the Parties determined that it is in the public interest that a new public
safety radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications. The new system will be known as the "Puget Sound
Emergency Radio Network System" or "PSERN System"; and
WHEREAS, the Parties have negotiated a separate agreement ("Implementation Period
I LA") that designates King County as the lead agency for planning, procurement, financing and
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RESOLUTION NO.
implementation of the PSERN System with the oversight of a Joint Board established pursuant
to the Implementation Period I LA; and
WHEREAS, when the Implementation Period I LA has achieved its purpose, the Parties
agree that they will create a new non-profit entity, formed under Chapter 24.06 RCW, to
assume the ownership and control of the PSERN System once it is operational. This new entity,
referred to as the "PSERN Operator", is to be responsible for the ownership, operations,
maintenance, management and on-going upgrading/replacing of the PSERN System during its
useful life; and
WHEREAS, the purpose of this Agreement is to establish the terms under which the
Parties will form the new non-profit entity and undertake the ownership, operations,
maintenance, management and on-going upgrading/replacing of the PSERN System; and
WHEREAS, it is in the best interests of the residents of the City of Renton to have one
entity operate the new emergency radio system,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an
interlocal agreement with the Parties entitled Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement, which shall be substantially similar to the form attached
hereto as Exhibit A.
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RESOLUTION NO.
PASSED BY THE CITY COUNCILthis day of , 2014.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2014.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
RES.1652:ll/4/14:scr
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RESOLUTION NO.
EXHIBIT A
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (ILA) is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County and the
cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island,
Redmond, Renton, Seattle, and Tukwila, each a political subdivision or municipal
corporation of the State of Washington (individually, a "Party") and, (collectively, the
"Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King
County Emergency Radio Communications System (KCERCS), a voice radio system
that is nearly twenty years old and is increasingly unsupported by the supplier of the
system's equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high-quality
emergency radio communications. Said new system is referred to herein as the "Puget
Sound Emergency Radio Network System" or "PSERN System."
C. The costs of implementing the PSERN System will be financed by a voter
approved funding measure.
D. The Parties have negotiated a separate agreement ("Implementation Period
I LA") that designates King County to act as the lead agency for planning, procurement,
financing and implementation of the PSERN System with the oversight of a Joint Board
established pursuant to the Implementation Period I LA.
E. When the Implementation Period I LA has achieved its purpose, the Parties
will create a new non-profit entity, formed under Chapter 24.06 RCW, to assume the
ownership and control of the PSERN System following Full System Acceptance. This
new entity, also referred to in the Implementation Period I LA and herein as the "PSERN
Operator", is to be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to establish the terms under which the
Parties will form the new non-profit entity and undertake the ownership, operations,
maintenance, management and on-going upgrading/replacing of the PSERN System.
NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
EXHIBIT A -1 8b. - Puget Sound Emergency Radio
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1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all current and future
statutory or regulatory provisions consolidating, amending or replacing the
statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all sub-articles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words "including," "includes" and "include" shall be deemed to be
followed by the words "without limitation".
1.1.5 The words "shall" or "will" shall be deemed to require mandatory action.
1.1.6 Words such as "herein," "hereof and "hereunder" are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as "person" or "party" shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to "days" shall mean calendar days unless expressly stated to
be "Business Days." If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by the County, the due date
shall be deemed to be the next Business Day.
1.1.9 Words not otherwise defined that have well-known technical industry
meanings are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for
convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
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1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the
following terms are defined for this Agreement as follows:
"Board of Directors" or "Board" means the board formed by the Parties to govern
the PSERN Operator.
"AGREEMENT" means this Interlocal Cooperation Agreement.
"BUDGET" means the budget approved by the Board of Directors to pay for the
anticipated costs of operating and maintaining the PSERN System.
"CONSOLIDATED SERVICE AREA" means those geographic areas of King
County, Pierce County and Snohomish County, Washington, previously served
by the emergency radio networks of King County, the City of Seattle, the
Eastside Public Safety Communications Agency (EPSCA) and the Valley
Communications Agency (ValleyCom), and which areas are to be prospectively
served by the PSERN System. The Consolidated Service Area shall also include
those other geographic areas that are added to the area served by the PSERN
System as expanded in accordance with action of the Board of Directors.
"COUNTY" means King County, Washington.
"EXECUTIVE DIRECTOR " means the individual selected by the Board of
Directors to administer the PSERN Operator on a daily basis.
"FULL SYSTEM ACCEPTANCE " or "FSA" means the determination issued to
the PSERN System Contractor upon satisfactorily completing the final system
development phase milestone pursuant to Contract No.
"KCERS" means the King County Emergency Radio Communication System.
"OPERATIONS PERIOD" means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
"PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR " or "PSERN
Operator" means the non-profit corporation created pursuant to this Agreement
and the Implementation Period ILA to be incorporated in Washington State for
the purpose of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period.
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"PUGET SOUND EMERGENCY RADIO NETWORK SYSTEM" or "PSERN
System" means the land mobile radio system constructed under the
Implementation Period ILA. It also means all equipment, software, and other
work deployed to provide public safety communication service(s) or an addition
to an existing infrastructure to provide new or additional public safety
communication service(s). "System" means an infrastructure that is deployed to
provide public safety communication service(s) or an addition to an existing
infrastructure to provide new or additional public safety communication
service(s).
"SERVICE RATE" means the rate or rates charged to User Agencies in
accordance with the Rate Model appended hereto, or as it may be amended by
action of the Board of Directors.
"SERVICES" means voice, data, video, or other services communication
provided to User Agencies.
"USER AGENCY " means an entity that is authorized under a User Agency
Agreement to use the PSERN System.
"USER AGENCY AGREEMENT" means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the PSERN
System.
2.0 DURATION OF AGREEMENT
2.1 Effective Date and Conditions
Except as provided herein, this Agreement shall be in effect on the date it is last signed
by an authorized representative of each the Parties, and shall remain in effect until
terminated as provided in Section 7. However, Sections 4, 5, and 6 of this Agreement
shall not be effective until the date the articles of incorporation for the PSERN Operator
are filed with the Washington Secretary of State pursuant to Chapter 24.06 RCW.
3.0 PURPOSE OF THE AGREEMENT
Following completion of the Implementation Period ILA and Full System Acceptance,
the purpose of this Agreement is to provide communication services to public safety
users and any other agencies permitted to be licensed in the 800 MHz Public Safety
Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within the boundaries of the
Consolidated Service Area. To effectuate this purpose, the Parties authorize
establishment of a non-profit entity pursuant to Chapter 24.06 RCW, which entity shall
be known as the PSERN Operator, initially consisting of King County, and the cities of
Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond,
Renton, Seattle and Tukwila.
4.0 BOARD OF DIRECTORS
EXHIBIT A-4
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4.1 Creation of Board of Directors
The affairs of the PSERN Operator shall be governed by a Board of Directors that is
hereby created pursuant to RCW 39.34.030(4) that shall act on behalf of all Parties and
as may be in the best interests of PSERN. The Board of Directors is not a separate
legal or administrative entity within the meaning of RCW 39.34.030(3).
4.2 Composition of the Board of Directors
The Board of Directors shall be composed of four voting members: one member from
King County, one member from the City of Seattle, one member representing the cities
of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, and one member
representing the cities of Auburn, Federal Way, Kent, Renton and Tukwila. Each such
member shall be the Chief Executive Officer of the political subdivision or municipal
corporation from which the representative comes, or his/her designee. The Board of
Directors Chair shall be elected from among its members. The Board of Directors shall
also elect a Vice Chair from among its members to serve in the absence of the Chair.
Each of the Parties shall provide written notice of their initial Board of Directors member
to the Chair of the Joint Board established under the Implementation Period ILA.
Thereafter, notice of a change to a Party's Board of Directors member shall be effective
upon delivery of written notice by the Party to the Chair of the Board of Directors.
4.2.1 The Board of Directors shall also include two nonvoting members to
comment and participate in discussion but who are not entitled to vote on any
matter and who are selected by the voting members: one member from the law
enforcement public safety profession and one member from the fire or
emergency medical services public safety profession. Each such member shall
be the Chief or his/her designee. These members shall not be employees of one
of the Parties.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be a majority of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of at least three Board members.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three members find either that there
is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, Users, or the
PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors.
4.2.2 The Board of Directors shall establish by-laws and procedures for its
operations and meetings including the establishing of a regular meeting schedule
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and location and providing for the scheduling of special and emergency
meetings.
4.2.3 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process.
4.2.4 Board members must be present at a meeting to vote and may not vote by
proxy, provided that if approved by the Board, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.2.5 Monthly meetings of the Board of Directors shall be scheduled provided
that there shall be a minimum of two (2) meetings held each year. Other
meetings may be held upon request of the Chair or any two members.
4.2.6 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
4.2.7 A designee attending Board of Directors meetings on behalf of a regular
member of the Board shall be entitled to exercise all rights of the member to
participate in such meetings, including participating in discussion, making
motions, and voting on matters coming before the Board.
4.3 Board of Directors Actions
4.3.1 The Board of Directors shall oversee the operation and maintenance of the
PSERN Operator. In furtherance of that oversight, the Parties confer upon the
Board of Directors the broadest power and authority provided to King County and
each member city consistent with the Washington Constitution to achieve the
purpose of this Agreement. Any specific enumeration of municipal power
contained in this Agreement or in any other applicable general law shall not be
construed in any way to limit the general description of power contained in this
Agreement, and any specifically enumerated powers shall be construed as in
addition and supplementary to the powers conferred in general terms through
this Agreement. All grants of municipal power to the municipalities electing to
exercise authority under the provisions of this Agreement, whether the grant is in
specific terms or in general terms, shall be liberally construed in favor of the grant
of powers given by the municipalities that are Parties to this Agreement. By way
of example, some of those powers include:
a. Amend this Agreement, subject to Section 11.10;
b. Establish committees and advisory groups to perform activities related
to the PSERN System;
EXHIBIT A-6
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c. Adopt and amend budgets and approve expenditures.
d. Adopt and amend policies and bylaws for the administration and
regulation of the PSERN Operator;
e. Approve contracts within the parameters of the established
purchasing and contracting policies;
f. Direct and supervise the activities of the Operating Board and the
Executive Director;
g. Hire, set the compensation for, and terminate the employment of the
Executive Director. The Board shall evaluate the Executive Director's
performance and give the Executive Director a written evaluation of his or
her performance at least annually;
h. Establish a fund or special fund or funds as authorized by RCW
39.34.030;
i. Establish Services Rates and terms of use for User Agencies;
j. Conduct regular and special meetings;
k. Approve PSERN operation and maintenance standards;
I. Determine the services the PSERN Operator shall offer and the terms
under which they will be offered;
m. Approve agreements with third parties;
n. Incur debt in the name of the PSERN Operator to make purchases or
contracts for services to implement the purposes of this Agreement;
o. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the PSERN Operator;
p. Sell, convey, mortgage, pledge, lease, exchange, transfer, and
otherwise dispose of all of its property and assets;
q. Sue and be sued, complain and defend, in all court of competent
jurisdiction;
r. Hold licenses for radio frequencies;
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s. Recommend action to the legislative bodies of the Parties and User
Agencies;
t. Delegate the Board of Directors' authority under this Agreement
subject to such limitations and conditions as the Board of Directors may
establish.
u. Enter into agreements with other agencies to accomplish tasks for the
PSERN Operator such as agreements regarding procurement, employee
benefits, and property leasing;
v. Exercise any powers necessary to further the goals and purposes of
this Agreement that are consistent with the powers of the Parties; and
w. Add parties to this Agreement and concurrently amend the
membership and voting structure of the Board of Directors.
5.0 OPERATING BOARD
Creation of Operating Board
An Operating Board of radio users will be created by the Board of Directors for the
purposes of providing advice and other duties as deemed appropriate by the Board of
Directors.
6.0 EXECUTIVE DIRECTOR
The Executive Director shall report to the Board of Directors and shall advise it from
time to time on matters related to the operation and functions of the PSERN System
and the PSERN Operator, including proposed budgets, financial and liability issues, and
other appropriate matters related to the PSERN System and the PSERN Operator. The
Director may also request assistance from the Operating Board to address tasks calling
for technical and user-related expertise.
6.1 Executive Director Duties
6.1.1 The Executive Director shall:
a. Schedule and manage the PSERN Operator's day-to-day activities in
consistent with the policies, procedures, and standards adopted by the
Board of Directors;
b. Hire, evaluate at least annually, and terminate staff in compliance with
the PSERN Operator's budget;
c. Propose and administer Annual Budgets including its contingency;
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d. Approve expenditures and sign contracts in amounts up to $100,000
that are included in the budget without additional approval of the Board
of Directors;
e. Track the performance of PSERN systems and services;
f. Provide support to the Board of Directors;
g. Recommend policies, procedures, and standards, including changes to
these policies, procedures, and standards;
h. Provide written monthly reports to the Board of Directors describing the
PSERN Operator's budget status, system performance against targets,
partial or full system outages, purchases equal to or greater than
$10,000, and usage statistics;
i. Maintain and manage records in accordance with the state Public
Records Act (Ch. 42.56 RCW) and other applicable state and federal
laws and regulations; and
j. Perform other duties as assigned.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience in the technical, financial and
administrative fields of public safety radio and his or her appointment shall be on the
basis of merit only. The Executive Director is an "at will" position that may not be
modified by any PSERN Agency policy, rule, or regulation regarding discipline or
termination of PSERN Agency employees, and accordingly, the Executive Director may
be terminated from his or her position upon majority vote of the Board of Directors.
7.0 WITHDRAWAL AND REMOVAL
7.1 Withdrawal of a Party.
6.1.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Board before January 1st of the year prior to the year
the withdrawal will be effective. The Party's withdrawal shall become effective on
the last day of the year following delivery and service of appropriate notice to all
other Parties.
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6.1.2 A Party that withdraws shall remain responsible for any obligations that
arose prior to the effective date of the withdrawal and for any that are specified
under Section [???] as surviving a withdrawal. A withdrawing Party
shall be solely liable for any actual costs to the other Parties arising out of or
resulting from the withdrawal. Any such costs or other amounts owed under this
Agreement by a withdrawing Party shall be paid prior to the effective date of the
withdrawal or, if such amounts are not then established, then within thirty (30)
days after the amount is established.
6.1.3 If Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real or personal property, or any
rights to participate in the PSERN Operator, unless otherwise provided by the
Board of Directors.
7.2 Removal of a Party.
The Board of Directors may, for cause, remove a Party from this Agreement and
terminate the Party's rights to participate in PSERN. Cause may include, but is not
limited to, failure to act in good faith in participating in the Board of Directors and willful,
arbitrary failure to approve and appropriate funds necessary to pay the Party's share of
the costs under this Agreement. If a Party brings a charge against another Party under
this Subsection, neither the Party bringing the charge nor the Party against which the
charge is brought shall have any voting rights on the issues raised before the Board of
Directors. To remove a Party under this Subsection, there shall be a unanimous vote in
support of removal by all voting Board Members. A Party that is removed under this
Section shall pay such costs as may be assessed by the Board of Directors taking into
account all costs to the other Parties caused by, arising out of or resulting from such
removal.
8.0 DISSOLUTION AND TERMINATION
Three (3) or more Parties may, at any one time, by written notice provided to all Parties,
call for a complete dissolution of the PSERN Operator and termination of this
Agreement. Upon an affirmative majority vote by the Board of Directors and an
affirmative majority vote of the legislative bodies of each of the Parties for such
dissolution and termination, the Board of Directors shall establish a task force to
determine how the PSERN System assets, liabilities and properties will be divided upon
dissolution. Final approval of the disposition of the PSERN System assets shall require
an affirmative majority vote by the Board of Directors. Upon an affirmative majority vote
by the Board of Directors and upon an affirmative majority vote of the legislative bodies
of each of the Parties, the PSERN Operator shall be directed to wind up business, and
a date will be set for final termination, which shall be at least one (1) year from the date
of the vote to dissolve and terminate this Agreement. Upon the final termination date,
this Agreement shall be fully terminated.
9.0 LEGAL RELATIONS
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9.1 Employees and No Third Party Beneficiaries
9.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party's
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
9.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
9.2 Indemnification.
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all Claims,
arising out of, or in any way resulting from, the indemnifying Party's negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of another Party. Where such claims, suits,
or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party's own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. Any loss or liability resulting from the negligent
acts, errors, or omissions of the Board of Directors, Operating Board, Executive Director
and/or staff, while acting within the scope of their authority under this Agreement, shall
be borne by the PSERN Operator exclusively. The provisions of this Section shall
survive the termination, expiration or withdrawal from of this Agreement.
10.0 PUBLIC RECORDS
10.1 Records Keeping Responsibilities.
10.1.1 The Executive Director shall keep records related to the PSERN System
and PSERN Operator as required by state law and in accordance with the
policies, procedures and retention schedules as may be established by the
Administrative Board.
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10.1.2 Each Party shall keep records related to the PSERN System and PSERN
Operator as required by state law and in accordance with such the policies,
procedures and retention schedules as may be established by the Party, and
each Party shall be responsible for responding to public disclosure requests
addressed to it in accordance with the Washington Public Records Act, Chapter
42.56 RCW, and such procedures as may be established by the Party.
10.1.3 The Executive Director shall be responsible for responding to public
disclosure requests addressed to the PSERN Operator in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as
may be established by the Administration Board.
10.1.4 If a Party or the PSERN Operator or the Executive Director receives a
public records request for records related to the PSERN System or the PSERN
Operator, the recipient of that request shall promptly notify the other parties to
this Agreement, Chair of the Administration Board and the Executive Director.
10.1.5 Absent agreement by the Parties or other arrangements, the recipient of
that request shall remain responsible for responding to the requester. In the
event a request for records is addressed to the PSERN Operator, the Executive
Director or the Board of Directors but specifies records of a single Party, such
Party shall assume responsibility for responding to the request. In the event a
request for records is addressed to the Board of Directors but does not specify
records of a single Party, PSERN shall assume responsibility for coordinating the
Parties' response to the request.
11.0 GENERAL
11.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
11.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
11.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
performance, damages and any other remedies available under this Agreement, at law
or in equity.
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11.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
11.5 Parties Not Relieved of Statutory Obligation
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered
in satisfaction of the obligation or responsibility.
11.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
11.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Administration Board.
11.8 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation. In any event, if the matter is not resolved, then any Party shall be entitled to
pursue any legal remedy available.
11.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
expressly contained in this Agreement has been made conferring any benefit upon
them.
EXHIBIT A - 13
8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 301 of 307
RESOLUTION NO.
11.10 Amendment Only In Writing
This Agreement may be amended by an affirmative majority vote the Board of Directors
and unanimity of the Parties.
11.11 Notices
11.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Parties' as listed below. Any notice may be given by certified
mail, overnight delivery, or personal delivery. Notice is deemed given when
delivered. Email, acknowledgement requested, may be used for notice that does
not allege a breach or dispute under this Agreement. Email notice is deemed
given when the recipient acknowledges receipt.
11.11.2 The names and contact information set forth in this Agreement shall
apply until amended in writing by a Party providing new contact information to
each other Party and the date the amendment is effective.
11.12 Conflicts
In the event that any conflict exists between this Agreement and any exhibits hereto, the
Agreement shall control.
11.13 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
11.14 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
11.15 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 8 Legal Relations
EXHIBIT A - 14 8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 302 of 307
RESOLUTION NO.
Section 10 Public Records
Section 11.13 Choice of Law; Venue
11.16 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
11.17 Execution and Effective Date.
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such
Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
Name
Title _
Date
Name
Title
Date
Attest: Attest:
Clerk
Approved as to Form:
City Clerk
Approved as to Form:
Deputy Prosecuting Attorney
CITY OF BELLEVUE
City Attorney
CITY OF FEDERAL WAY
Name
Title _
Date
Name
Title
Date
EXHIBIT A - 15
8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 303 of 307
RESOLUTION NO.
Attest: Attest:
City Clerk
Approved as to Form:
City Clerk
Approved as to Form:
City Attorney
CITY OF ISSAQUAH
City Attorney
CITY OF KENT
Name
Title _
Date
Attest:
Name
Title
Date
Attest:
City Clerk
Approved as to Form:
City Clerk
Approved as to Form:
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
Name
Title _
Date
Name
Title
Date
EXHIBIT A - 16
8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 304 of 307
RESOLUTION NO.
Attest: Attest:
City Clerk
Approved as to Form:
City Clerk
Approved as to Form:
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
Name
Title _
Date
Attest:
Name
Title
Date
Attest:
City Clerk
Approved as to Form:
City Clerk
Approved as to Form:
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
Name
Title _
Date
Name
Title
Date
EXHIBIT A - 17
8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 305 of 307
RESOLUTION NO.
Attest: Attest:
City Clerk
Approved as to Form:
City Clerk
Approved as to Form:
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
Name
Title _
Date
Attest:
Name
Title
Date
Attest:
City Clerk
Approved as to Form:
City Clerk
Approved as to Form:
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
Name
Title _
Date
Name
Title
Date
EXHIBIT A -18
8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 306 of 307
RESOLUTION NO.
Attest: Attest:
City Clerk
Approved as to Form:
City Attorney City Attorney
P:\Civil\Files\Open Files\0247-ValleyComGeneral\2014 10-18 DRAFT PSERN Agency Creation ILA -BRUBAKER EDITS.docx
City Clerk
Approved as to Form:
EXHIBIT A -19
8b. - Puget Sound Emergency Radio
Network (PSERN) Operator interlocal Page 307 of 307