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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, February 5, 2024
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Please note that this regular meeting of the Renton City Council is being offered as a hybrid
meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S
Grady Way, Renton, 98057 or remotely through Zoom.
For those wishing to attend by Zoom: Please (1) click this link
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-
8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the
day of the meeting to request an invite with a link to the meeting.
Registration for Audience Comment: Registration will be open at all times, but speakers must
register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who
registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and
will be required to re-register for the next Council meeting if they wish to speak at that next
meeting.
Request to Speak Registration Form:
o Click the link or copy/paste the following URL into your browser:
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cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
A sign-in sheet is also available for those who attend in person.
Video on Demand: Please click the following link to stream Council meetings live as they
occur, or to select previously recorded meetings:
Renton Channel 21 Video on Demand
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Renton Rotary Day - February 5, 2024
4. PUBLIC HEARING
a) Surplus Property Sale - 15908 SE 175th St, Renton, WA 98058
5. ADMINISTRATIVE REPORT
a) Administrative Report
6. AUDIENCE COMMENTS
All remarks must be addressed to the Council as a whole, if a response is requested
please provide your name and address, including email address, to the City Clerk to
allow for follow-up.
Speakers must sign-up prior to the Council meeting.
Each speaker is allowed three minutes.
When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or
against any ballot measure or candidate in City Hall and/or during any portion of the council
meeting, including the audience comment portion of the meeting, is PROHIBITED.
7. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of 1/22/2024.
Council Concur
b) AB - 3503 Community & Economic Development Department recommends execution of
an agreement with the U.S. Small Business Administration to accept $1,500,000 in grant
funds to supplement portions of the design and construction budget to transform the
existing Pavilion Building into a year-round food hall and market.
Refer to Finance Committee
c) AB - 3506 Community & Economic Development Department recommends execution of a
consultant agreement with Pyramid Communications, in an amount not to exceed
$150,000, for strategic marketing assistance for city-wide economic development and
tourism.
Refer to Finance Committee
d) AB - 3507 Executive Services Department recommends execution of an agreement with
Granicus, LLC, in the amount of $232,500, for website design services to design and
launch a new RentonWa.gov website.
Refer to Finance Committee
e) AB - 3493 Parks & Recreation Department - PPNR recommends execution of the Capital
Project Grant Agreement with King County to accept $800,000 in grant funds for the May
Creek Trail South project. This project constructs a trail and trail bridge on the south side
of May Creek between Lake Washington Blvd N and I-405 among other improvements.
Refer to Finance Committee
f) AB - 3491 Police Department recommends approval of an Interlocal Agreement with
Puget Sound Regional Fire Authority, in the amount of $182,875, to implement an
FDCARES pilot program in Renton. This agreement includes but is not limited to the de-
escalation of non-violent community members in crisis with behavioral health disorders
and connects them to appropriate resources.
Refer to Finance Committee
g) AB - 3502 Police Department recommends adoption of resolutions authorizing the
execution of interlocal agreements with the cities of Auburn, Burien, Covington, and
Tukwila for their utilization of Renton's electronic home monitoring program for eligible
offenders sentenced by participant's municipal court.
Refer to Finance Committee
h) AB - 3508 Public Works Airport recommends approval of the Assignment and Assumption
of Ground Lease LAG-99-006 and Assignment and Assumption of Sub Ground Lease LAG-
99-002 with FBO Capital Group Management dba Dark Horse Aviation to transfer the
leasehold interest in land, buildings, and facilities at the Renton Airport from Renton
Gateway, LLC to Dark Horse Aviation.
Refer to Transportation (Aviation) Committee
i) AB - 3488 Public Works Facilities Division recommends adoption of an ordinance
extending the temporary waiver of City Center Parking Garage fees for periods up to ten
(10) hours until December 31, 2024.
Council Concur
j) AB - 3500 Public Works Transportation Systems Division recommends adoption of a
resolution authorizing the full weekend closure of NE 44th St between N 43rd St and I-405
for the purpose of lowering NE 44th St to its final elevation west of I-405 and for the
construction of infrastructure needed for the proposed Sound Transit Bus Rapid Transit
System at NE 44th St.
Refer to Transportation (Aviation) Committee
k) AB - 3501 Public Works Transportation Systems Division recommends execution of the
2024-2025 ORCA Business Cards and Business Passports Products agreement with King
County Metro, in the amount of $113,190.48, for public transit passes for up to 348
eligible employees.
Refer to Transportation (Aviation) Committee
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Transportation Committee: 1) Interlocal Agreement with the City of Kent for the SW
43rd Street Preservation Project*; 2) Compensation and Final Approval of Peterson Street
Vacation Petition*
b) Utilities Committee: 1) Agreement with WSP USA Inc. for the Lind Ave SW Storm System
Improvement Project
9. LEGISLATION
Resolution:
a) Resolution No 4518: Authorizing ILA with Kent for SW 43rd St Preservation Project (See
Item 8.a)
Ordinances for first reading:
b) Ordinance No. 6130: Peterson Street Vacation – VAC-23-001 (See Item 8.a)
c) Ordinance No. 6131: Extending Temp Waiver of City Center Garage Parking Fees (See
Item 7.i)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Council Chambers/Videoconference
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
ArmondoPavoneMayorMTIIEREAS,RotaryInternational,foundedonFebruary23,1905,inChicago,IllinoisUSA,istheworld’sfirstandoneofthelargestnon-profitserviceorganizationswithover1.2millionRotaryclubmembersinover32,000clubsin200countriesandgeographicareas;andWHEREAS,theRotarymotto“ServiceAboveSelf’inspiresmemberstoprovidehumanitarianservice,encouragehighethicalstandards,andpromotegoodwillandpeaceintheworld;andWhEREAS,Rotaryfundsclubprojectsandsponsorsvolunteerswithcommunityexpertisetoprovidemedicalsupplies,healthcare,cleanwater,foodproduction,jobtraining,andeducationtomillionsinneed,particularlyindevelopingcountries;andMTHEREAS,in1985RotarylaunchedPolioPlusandspearheadedeffortswiththeWorldHealthOrganization,U.SCentersforDiseaseControlandPrevention,andUNICEFtoimmunizethechildrenoftheworldagainstpolio,resultinginpoliocasesdroppingby99percentsince1988andresearchthatstandsonthethresholdoferadicatingthedisease;andWHEREAS,Rotaryistheworld’slargestprivatelyfundedsourceofinternationalscholarships,promotinginternationalunderstandingthroughscholarships,exchangeprograms,andhumanitariangrants;andM7IIEREA.S,inthelast12months,RentonRotaryhasraisedfundsthroughtheRubberDuckyRaceatRentonRiverDaysandtheannualCAPERauction;aswellasawarded$24,000incollegescholarshipstoRentonSchoolDistrictseniors;provided$12,000worthofwarmcoatsforchildren;contributedover$3,000toeradicatepolio;investedover$13,000in3rdgraderseducationandongoinglearning;contributedover$9,000toShelterBox;provideda$250cashgifttoover24educatorsintheRentonSchoolDistricttosupporttheirclassroom;awardednearly$14,000innon-profitgrants;suppliedappliancesforseniorcitizenstohelpthemstayintheirhomes;andmuchmore;NOMTTHEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimFebruary5,2024tobeRENTONROTARYDAYintheCityofRenton,andIencourageallresidentstojoinmeinrecognizingourlocalRotaryclubsandRotaryInternationalfortheirmorethan100yearsofservicetoimprovingthehumanconditioninlocalcommunitiesaroundtheworld.INMITI’NESSTHEREOF,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis5thdayofFebruary2024.PROCLAMATIONArmon’öPne,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a)
SURPLUS PROPERTY SALE
15908 SE 175TH ST, RENTON 98058
LOCATED IN FAIRWOOD AREA OF KING COUNTY
Public Hearing
February 5, 2024
Amanda Free, MPA, PLS
afree@rentonwa.gov AGENDA ITEM #4. a)
LOCATION
AGENDA ITEM #4. a)
BACKGROUND
•Settlement Agreement to Forfeit Real Property
•Presented at Finance Committee and approved by
Council on August 14, 2023
•RFQ was posted for Real Estate Services
•Selected a Real Estate Agent to sell the residential
property
AGENDA ITEM #4. a)
PROPERTY
AGENDA ITEM #4. a)
TIMELINE
•Worked with Real Estate Agent starting the beginning
of January to get the property ready for sale
•House listed for sale on Thursday February 1st
•Showings and open house over the weekend
•Requesting offers by noon on Monday February 5th
•Reviewed offers afternoon of Monday February 5th
•Present the best offer to Council
AGENDA ITEM #4. a)
STAFF RECOMMENDATION
Renton Police and Community and Economic
Development Departments recommend that Council
authorize the Mayor and City Clerk to execute all
documents necessary to close the sale of the property. AGENDA ITEM #4. a)
NEXT STEPS
•Hear public testimony tonight.
•After the close of the public hearing, Council may
either approve or deny the property sale.
•If the Council approves the property sale, the best
offer will be accepted, and all necessary documents
will be executed by the Mayor and City Clerk.AGENDA ITEM #4. a)
COMMENTS OR QUESTIONS
•City staff –Amanda Free, MPA, PLS
Email -afree@rentonwa.gov
Phone -425.430.7369
•City staff –Deputy Chief Rutledge
Email -rrutledge@rentonwa.gov
Phone -425.430.7512
AGENDA ITEM #4. a)
Mayor’s Office
Memorandum
DATE: February 5, 2024
TO: Ed Prince, Council President
Members of Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• Information about preventative street maintenance, traffic impact projects, and
road closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open. Preventative street maintenance, traffic impact projects, and road
closures will be at the following locations:
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility
installation. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m. Road
closure on Aberdeen Ave NE between NE Sunset Blvd and NE 12th St for
construction work. Questions may be directed to Brad Stocco, 425-282-2373.
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m.
Intermittent lane closures on S. Grady Way S at Williams Ave S for construction
work. Questions may be directed to Tom Main, 206-999-1833.
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m. Road
closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility
installation. A detour route will be provided. Questions may be directed to Brad
Stocco, 425-282-2373.
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m.
Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and
Kirkland Ave NE for construction work. Questions may be directed to Brad
Stocco, 425-282-2373.
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m.
Intermittent lane closures on Williams Ave S at Grady Way S for construction
work. Questions may be directed to Tom Main, 206-999-1833.
Monday, February 5 through Friday, February 9, 8:00 a.m. to 3:00 p.m.
Southbound travel and parking lane closures on Williams Ave S between S 2nd
and S 3rd Streets for construction work. Questions may be directed to Sam
Stolmeier, 425-430-7288.
AGENDA ITEM #5. a)
Ed Prince, Council President
Members of Renton City Council
Page 2 of 2
February 5, 2024
Ongoing Street Closure (City of Renton Resolution No. 4446). FULL STREET
CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in
support of the Solera Development Project (LUA20-000305). Questions may be
directed to Brad Stocco, 425-282-2373.
AGENDA ITEM #5. a)
January 22, 2024 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, January 22, 2024
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Ed Prince, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Kristi Rowland, Deputy Chief Administrative Officer
Alex Tuttle, Senior Assistant City Attorney
Jason Seth, City Clerk
Vanessa Dolbee, Interim Community & Economic Development Administrator
Brianne Bannwarth, Development Engineering Director
Young Yoon, IT Director
Amanda Free, Economic Development Assistant Director
Angie Mathias, Long Range Planning Manager
Clark Close, Principal Planner
Commander Charles Karlewicz, Police Department
Attended Remotely:
Judith Subia, Chief of Staff
Kari Roller, Finance Administrator
Ellen Bradley-Mak, Human Resources / Risk Management Administrator
AGENDA ITEM #7. a)
January 22, 2024 REGULAR COUNCIL MEETING MINUTES
Martin Pastucha, Public Works Administrator
Cailín Hunsaker, Parks & Trails Director
Carrie Nass, Recreation Director
Ron Straka, Public Works Utility Systems Director
Melissa McCain, Deputy City Clerk
April Alexander, Executive Assistant
SPECIAL PRESENTATION
Governor’s Smart Communities Award: South Lake Washington (Legacy Award): Interim
Community & Economic Development Administrator Vanessa Dolbee introduced Mike Fong,
Director of the Washington State Department of Commerce. Mr. Fong thanked city officials
and staff, stakeholders, and community members involved in the South Lake Washington
Transformation Project and presented the city with the Department of Commerce's Legacy
Award.
Governor’s Smart Communities Award: Family First Community Center (Judges' Merit):
Principal Planner Clark Close re-introduced Mr. Fong. Mr. Fong thanked everyone involved in
the Family First Community Center project. He invited former Seattle Seahawk and
community advocate Doug Baldwin to speak about the project. Mr. Baldwin expressed his
gratitude to everyone involved in the project. He introduced Lisa Yohalem, CEO of
HealthPoint. Ms. Yohalem also expressed her appreciation of the project partners and noted
that there have already been over 2,500 visits to their health clinics located in the Family First
Community Center. Mr. Fong then presented the Department of Commerce's Judges' Merit
Award for the Family First Community Center.
ADMINISTRATIVE REPORT
Deputy CAO Kristi Rowland reviewed a written administrative report summarizing the City's
recent progress towards goals and work programs adopted as part of its business plan for
2024 and beyond. Item noted was:
• Information about preventive street maintenance, traffic impacts projects, and road
closures happening this week can be found at http://rentonwa.gov/traffic. All
projects are weather permitting and unless otherwise noted, streets will always
remain open.
AUDIENCE COMMENTS
• Nancy Quinn, Renton, expressed concern about accidents and high rates of speed
occurring on the Maple Valley Highway near the Maplewood Glen neighborhood. She
urged the Police Department to do more traffic enforcement in the area.
• Bob Baker, Renton, submitted a copy of an Op Ed piece from the Renton Reporter
written by Renton Regional Fire Authority Chief Steve Heitman expressing concerns
about the possibility of pollutants entering the Cedar River from an asphalt plant
proposed to be built near the river. Mr. Baker also urged Council to file an Amicus
brief supporting the Save the Cedar River organization's related lawsuit.
AGENDA ITEM #7. a)
January 22, 2024 REGULAR COUNCIL MEETING MINUTES
• Eric Tran, unknown, stated he is a business owner in Renton and expressed concern
for the safety of his and other business owner's staff and clientele. He explained that
many businesses had seen a rise in property damage, and some had been robbed. He
urged Council to help with the public safety issues.
• Frank Trieu, unknown, stated he is also a business owner in Renton and expressed
concern for the safety of his staff, students, and clients working and attending the
Evergreen Beauty College. He also urged Council to help with public safety issues.
• Mark Peterson, Renton, stated that he had submitted the street vacation petition
(VAC-23-001) and urged Council to set the compensation for the vacation request at
zero percent. He stated that it would be difficult for the affected property owners to
pay the $20,700 appraised valuation.
• Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce,
stated that Councilmembers should only relay facts when speaking to business
owners about Initiative Measure 23-02. She also urged the city to establish a code of
conduct for Councilmembers.
• Donnica Williams, Renton, stated that there should be harsher penalties for people
who commit sexual abuse or molestation of children, especially for those offenders
who are members of a church. She also stated that repeat offenders should be put
away for life.
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 January 8, 2024. Council Concur.
b) AB - 3470 City Clerk submitted the appraisal for VAC-23-001 for the Peterson Street Vacation
Petition, a portion of right-of-way located between N 31st St and N 32nd St and Burnett Ave N
and Park Ave N, and requested acceptance of the appraisal and to set compensation at 100%
of the appraised valuation, $20,700. Refer to Transportation (Aviation) Committee.
c) AB - 3494 City Clerk submitted the quarterly list of fully executed contracts & leases between
10/1/2023 - 12/31/2023, and a report of agreements expiring between 1/1/2024– 6/30/2024.
None; Information Only.
d) AB - 3492 Executive Services Department requested authorization to purchase disaster
recovery / business continuity (DR/BC) equipment from Ivoxy Consulting, in the amount of
$308,945.54, for infrastructure and alignment upgrades between City Hall and Fire Station 12.
Council Concur.
e) AB - 3489 Parks & Recreation Department recommended approval of an agreement with King
County to receive $904,440 in King County Parks Levy funding for capital improvements made
to the Henry Moses Aquatic Center. The city's required match is $1,000,000. Refer to Finance
Committee.
f) AB - 3487 Public Works Facilities Division recommended approval of Addendum 4-24 to LAG-
12-001, lessee Rain City Catering, in the amount of $8,000 plus 15% of certain charges, which
extends the lease until September 24, 2024. Refer to Finance Committee.
AGENDA ITEM #7. a)
January 22, 2024 REGULAR COUNCIL MEETING MINUTES
g) AB - 3498 Public Works Transportation Systems Division submitted CAG-23-141, contractor All
Stripes, LLC, 2022-23 Traffic Calming Lake Washington Blvd N project, and requested
acceptance of the project and release of retainage in the amount of $6,557.18 after 60 days
once all required releases from the state have been received and all claims have been legally
cleared. Council Concur.
h) AB - 3499 Public Works Transportation Systems Division recommended adoption of a
resolution authorizing the execution of an Interlocal Agreement with the City of Kent for the
SW 43rd St Preservation project. Refer to Transportation (Aviation) Committee.
i) AB - 3495 Public Works Utility Systems Division recommended execution of an agreement
with WSP USA, Inc, in the amount of $549,954 for engineering services for the Lind Ave SW
Storm Improvement project. Refer to Utilities Committee.
MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA AS PRESENTED CARRIED.
UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics marked
with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if
further review is necessary.
a) Finance Committee: Chair O'Halloran presented a report recommending approval of the
following payments:
1.Accounts Payable – total payment of $7,258,364.99 for vouchers 10760-10761, 10763-
10765, 413829-414076; payroll benefit withholding vouchers 7290, 7293-7297, 7300-
7310, 10766, 413826-413828, 414078-414085 and 0 wire transfers.
2.Payroll – total payment of $1,903,806.03 for payroll vouchers that include 642 direct
deposits and 5 checks. (12/16/23-12/31/23 pay period).
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff
recommendation to approve the interagency agreement with the Washington Traffic Safety to
receive up to $4,500 in sub-grant funds to increase law enforcement participation in traffic safety
enforcement and to serve as a resource for the regional Target Zero Manager.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff
recommendation to authorize the Mayor and the City Clerk to execute:
1.WQC-2024-Renton-00011 grant agreement with the Department of Ecology in the
amount of $2,975,000.00 for the SE 172nd St Water Quality Retrofit capital improvement
project.
2.WQC-2024-Renton-00036 grant agreement with the Department of Ecology in the
amount of $206,550.00 for the Springbrook Terrace Retrofit capital improvement project.
3.WQC-2024-Renton-00204 grant agreement with the Department of Ecology in the
amount of $7,950,050.00 for the Monroe Ave NE Infiltration Facility capital improvement
project.
AGENDA ITEM #7. a)
January 22, 2024 REGULAR COUNCIL MEETING MINUTES
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d)Finance Committee: Chair O'Halloran presented a report recommending concurrence in the to
approve the request to waive the cost of the Temporary Event Permit of $85.00 and the facility
rental fee of the Don Persson Senior Activity Center of $1,500.00 (resident rate) for a total
waived amount of $1,585.00 for the January 20, 2024 Pongal event. The organizer remains
responsible for paying for the facility damage deposit of $550.00.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e)Finance Committee: Chair O'Halloran presented a report recommending concurrence to
authorize the Mayor and City Clerk to sign the State and Local Cybersecurity Grant Program
Contract E24-204 to accept $105,000 in grant funds to implement IT Asset Management and
Attack Surface Management programs for cybersecurity enhancement.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a)Resolution No. 4517: A resolution of the City of Renton, Washington, adopting an
amendment to the Trails and Bicycle Master Plan.
MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR TO ADOPT THE
RESOLUTION AS PRESENTED. CARRIED.
NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.)
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:52 PM
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
22 Jan 2024
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
January 22, 2024
January 29, 2024
Monday
5th Monday – No Meetings
February 5, 2024
Monday
4:15 PM Utilities Committee, Chair Văn
Location: Council Conference Room/Videoconference
1. Agreement with WSP USA Inc. for the Lind Ave SW Storm System
Improvement Project
2. Emerging Issues in Utilities
• Surface Water Utility Grant Funded Projects
5:15 PM Transportation Committee, Chair McIrvin
Location: Council Conference Room/Videoconference
1. Interlocal Agreement with the City of Kent for the SW 43rd Street
Preservation Project
2. Compensation and Final Approval of Peterson Street Vacation Petition
6:00 PM Committee of the Whole, Chair Prince
Location: Council Chambers/Videoconference
1. Appointments to Regional Boards and Committees
7:00 PM Council Meeting
Location: Council Chambers/Videoconference
AGENDA ITEM #7. a)
AB - 3503
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Agreement Amendment with U.S. Small Business Administration For
Logan Place Market
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Amanda Free, Economic Development Assistant Director
EXT.: 7369
FISCAL IMPACT SUMMARY:
Extends the completion date of the previously accepted $1,500,000 federal grant for Logan Place Market in
the existing Pavilion building, and reallocates all $1,500,000 to construction expenses.
SUMMARY OF ACTION:
Execution of a grant agreement amendment with the U.S. Small Business Administration for Logan Place
Market.
The requested amendment will extend the period of performance to 6/30/2026 and to reallocate all
$1,500,000 to construction expenses. The request was approved by the SBA on 12/13/2023.
The City previously accepted the grant for funding in the amount of $1,500,000 with Senator Murray and
Congressman Smith’s offices during the 2023 Congressional Earmark Initiatives. The project request will
support a portion of the design and construction to transform the existing Pavilion into a year-round food hall
and market. Preliminary concepts have been completed and this grant will allow the design process to begin.
EXHIBITS:
A. Issue Paper_SBA Federal Grant
B. City of Renton - SBAHQ23I0012 Amendment
C. Amendment Support Documentation
STAFF RECOMMENDATION:
Staff recommends approval of a grant agreement with the U.S. Small Business Administration for Logan Place
Market as a FY23 Congressional Community Project, in order to extend the completion date and to reallocate
the funding categories of the previously accepted $1,500,000 federal grant for Logan Place Market in the
existing Pavilion building.
AGENDA ITEM #7. b)
DEPARTMENT OF COMMUNITY &
ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE: January 23, 2024
TO: Ed Prince, Council President
Members of Renton City Council
CC: Armondo Pavone, Mayor
FROM: Brianne Bannwarth, Interim CED Administrator
STAFF CONTACT: Amanda Free (x7369)
SUBJECT: Agreement Amendment with U.S. Small Business
Administration For Logan Place Market
ISSUE
Should Council authorize the execution of a grant agreement amendment with the U.S.
Small Business Administration for Logan Place Market?
RECOMMENDATION
Staff recommends approval of a grant agreement with the U.S. Small Business
Administration for Logan Place Market as a FY23 Congressional Community Project, in
order to extend the completion date and to reallocate the funding categories of the
previously accepted $1,500,000 federal grant for Logan Place Market in the existing
Pavilion building.
BACKGROUND SUMMARY
The City previously accepted the grant for funding in the amount of $1,500,000 with
Senator Murray and Congressman Smith’s offices during the 2023 Congressional
Earmark Initiatives. The project request will support a portion of the design and
construction to transform the existing Pavilion into a year-round food hall and market.
Preliminary concepts have been completed and this grant will allow the design process
to begin.
Award Number: SBAHQ23I0017
Award Amount: $1,500,000
Period of Performance: 4/1/2023 – 6/30/2026
The requested amendment will extend the period of performance to 6/30/2026 and
to reallocate all $1,500,000 to construction expenses. The request was approved by
the SBA on 12/13/2023.
AGENDA ITEM #7. b)
NOTICE OF AWARDU.S. Small Business Administration
2. Grant/Cooperative Agreement No.:1. AUTHORIZATION
(Legislation/
Regulation)
From Through
(Mo./Day/Yr.)5. BUDGET PERIOD (Mo./Day/Yr.)
From Through
6. FEDERAL CATALOG NO. 7. ADMINISTRATIVE CODES
(Mo./Day/Yr.)4. PROJECT PERIOD (Mo./Day/Yr.)
3. RECIPIENT: (Name, Organizational Unit, Address)
8. TITLE OF PROJECT/PROGRAM (limit to 53 spaces)
9. AWARD AMOUNT
Amount of SBA Financial
Assistance
10.DIRECTOR OF PROJECT (Program or Center Director,
Coordinator or Principal Investigator)
11.RECOMMENDED FUTURE SUPPORT (Subject to the availability offunds and satisfactory progress of the
project)
NAME BUDGET
YEAR
TOTAL
DIRECT COST
BUDGET
YEAR
TOTAL
DIRECT COSTLastFirstInitial
ADDRESS:a.b.
Yes No(Other Terms & Conditions Attached)
SBA Funds
Only
Total project costs including all other financial
participation.
FederalShare Non-FederalShare
a. Personal Service
b. Fringe Benefits
c. Consultants
d. Travel
e. Equipment
g. Contractual
14. THIS AWARD IS SUBJECT TO THE FOLLOWING
COST PRINCIPLESAND OMB UNIFORM
ADMINISTRATIVE REQUIREMENTS:
2 CFR Chapter 1, Chapter II, Part 200, et al,
uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal
Awards.
Part 180 - OMB Guidelines to Agencies on
government debarment and suspension (Non
Procurement)
In-KindNon-Federal Program Inc.Non-Federal
i. TOTAL DIRECT COSTS
j. Indirect cost
(Rate).
13. REMARKS
12. Approved Budget (Excludes SBA Direct Assistance)
f. Supplies
h. Other
k. OTHER APPL. COSTS
l. TOTAL APPROVED BUDGET
subject to adjustment in accordance with SBA
policy
15. THIS AWARD IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE
18.CONGRESSIONALDISTRICT NO.
16. CRS - EIN 17. COUNTY NAME
19a. CITY CODE b. COUNTY CODE c. STATE CODE d. PROGRAM CODE
BUDGET CODE DOCUMENT NO.AMT. ACTION FIN. ASST.TYPE OF ORGANIZATION
20a.b.c.d.
21. AGENCY OFFICIAL (Signature, Name and Title)22. DATE ISSUED (Mo./Day/Yr.)
23. RECIPIENT OFFICIAL (Signature, Name and Title)24. DATE (Mo./Day/Yr.)
SBA FORM 1222 (4-15) Previous editions obsolete
OMB Approval No.: 3245-0140
Expiration Date 7/31/2018
PURPOSE: This form is used to notify grant recipients of award reporting and record keeping requirements. Grantees are
required to review and sign the form and return to SBA at the address: SBDC- SBA/OSBDC, 409 Third Street, SW 6th Floor,
Washington, DC 20416All other SBA/OGM, 409 Third Street, 5th Floor, Washington, DC 20416
*Must meet all matching or cost participation
requirements
4/1/2023
6/30/20264/1/2023
6/30/2026
AGENDA ITEM #7. b)
SBA FORM 1222 (4-15) Previous editions obsolete
Note: The estimated burden completing this form is 80 hours per response. You will not be required to respond to any collection
of information unless it displays a currently valid OMB approval number. Comments on the burden should be sent to
U.S. Small Business Administration, Chief, AIB, 409, 3rd St., S.W., Washigton, D.C. 20416 and Desk Office for Small Business
Administration, Office of Management and Budget, New Executive Office Building, room 10202 Washington, D.C. 20503. OMB
Approval (3245-0140).
PLEASE DO NOT SEND FORMS TO OMB.
AGENDA ITEM #7. b)
December 7, 2023
Dear Office of Grants Management:
We would like to request a budget adjustment and time extension for grant number SBAHQ23I0012.
Budget Adjustment Request
Initially the application and SF424C Budget Information form indicated that $100,000 of the $1,500,000 would
be budgeted and used for Architectural and Engineering fees. The City contracted the architect prior to
receiving the grant funds and to ensure we meet grant procurement requirements; the budget adjustment
request is to move the $100,000 previously identified for Architectural and Engineering fess to Construction.
This would bring the full $1,500,000 amount allocated to Construction.
Time Extension
The current grant period ends on June 30, 2025. The City is under contract for design and a preliminary
schedule for design, permitting, and construction was just completed. The construction is scheduled to start in
2024 and run through a portion of 2025. To ensure that the project reaches completion, the time extension
request is for a no cost one-year extension. We are confident that given this extra year the construction of the
project would be complete and avoid any time delays or construction challenges. The request would extend the
grant period through June 30, 2026.
We thank you for considering this request and will not make the changes until approval is received in writing.
Amanda Free, MPA, PLS
City of Renton, WA
Economic Development Assistant Director
December 7, 2023
AGENDA ITEM #7. b)
AGENDA ITEM #7. b)
1
Amanda Free
From:Nguyen, Phuc H. <Phuc.Nguyen@sba.gov>
Sent:Wednesday, December 13, 2023 4:58 AM
To:Amanda Free
Cc:Grants Division
Subject:RE: SBAHQ23I0012 - Budget and Time Extension Request
Attachments:City of Renton - SBAHQ23I0012 Amendment.pdf
Follow Up Flag:Flag for follow up
Flag Status:Flagged
Good morning Amanda,
Your request has been approved. Please review and return the attached amendment with a counter signature.
Regards,
Phuc Nguyen
U.S. Small Business Administration
Grants Management Specialist
Office of Grants Management
Office: 202.505.7712
Phuc.Nguyen@SBA.gov
From: Amanda Free <AFree@rentonwa.gov>
Sent: Friday, December 8, 2023 12:57 PM
To: Nguyen, Phuc H. <Phuc.Nguyen@sba.gov>
Cc: Grants Division <GrantsDivision@rentonwa.gov>
Subject: SBAHQ23I0012 - Budget and Time Extension Request
CAUTION - The sender of this message is external to the SBA network. Please use care when clicking on links and
responding with sensitive information. Send suspicious email to spam@sba.gov.
Phuc,
Please see our attached request for revising the budget line allocations and a one-year no cost extension. Please let me
know if you have any questions on these requests and I am happy to provide additional information. Thank you!
CAUTION: This email originated from outside the City of Renton. Do not click links, reply or open attachments unless
you know the content is safe.
AGENDA ITEM #7. b)
2
AMANDA FREE, MPA, PLS, Economic Development Assistant Director
City of Renton | CED | Economic Development Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
Virtual Permit Center | Online Applications and Inspections
(425) 430-7369 | afree@rentonwa.gov
AGENDA ITEM #7. b)
AB - 3506
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Contract Proposal for Strategic Marketing Services - Renton
Community Marketing Campaign
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Gina Estep, Economic Development Director
EXT.: (206) 305-3615
FISCAL IMPACT SUMMARY:
The fiscal impact of this contract amounts to $150,000. The contract amount has been awarded through the
Lodging Tax Advisory Committee process, securing Council approval.
SUMMARY OF ACTION:
Pyramid Communications, chosen through a competitive RFP process in 2023, conducted an initial review of
the Renton Community Marketing Campaign. Their task included formulating a three-year communications
plan, incorporating an asset inventory, and providing recommendations for strategic considerations in
rebranding. This phase sought to evaluate and rejuvenate the campaign's core elements for a more dynamic
and impactful presence.
The objective of this communications plan is to strengthen Renton's reputation as a vibrant community and an
attractive destination for residents, businesses, and visitors. It also aims to amplify the collaborative efforts of
Marketing Campaign partners, such as the Renton Chamber of Commerce, Valley Medical, Renton Technical
College, Renton School District, and the City of Renton. Together, these partners aim to holistically promote
Renton and achieve a more significant impact through combined initiatives.
The proposed contract estimates a budget of $150,000 for the comprehensive development and execution of
a long-term campaign presence. This includes costs for Campaign Brand and Logo Development, Baseline
Research, Website and Channels Development, Initial Materials Development, Ongoing Campaign
Management, Partner Engagement and Activation, Paid Media, and Earned Media. The budget is designed to
cover various aspects such as branding, website development, content creation, ongoing management,
partner engagement, and both paid and earned media strategies.
The proposed contract with Pyramid Communications is funded by a grant from the Lodging Tax Advisory
Committee (LTAC).
EXHIBITS:
A. Professional Services Agreement_Pyramid (2024 RCMC)
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the consultant contract not to exceed $150,000 with Pyramid
Communications to provide strategic marketing assistance for city-wide economic development and tourism.
AGENDA ITEM #7. c)
AGREEMENT FOR ECONOMIC DEVELOPMENT
MARKETING INITIATIVES AND STRATEGIC
CONSULTING SERVICES
THIS AGREEMENT, dated for reference purposes only as January 31, 2024, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Pyramid Communications,
Inc (“Consultant”), a Washington State profit corporation. The City and the Consultant are
referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this
Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide the City with the following services and
work product (referred to hereafter as the “Work”):
☒ Exhibit Attached: See Exhibit A, which is incorporated herein by this reference, for a
full description of the Work. The purpose of the Work is briefly summarized as:
strategic marketing services for the Renton Community Marketing Campaign (“RCMC”), building a unified campaign brand, creating a centralized website and
social channels, conducting baseline research, ongoing management, quarterly reporting, partner engagement resources, and both paid and earned media
support, with a focus on flexibility in partnership and careful resource stewardship.
☐ Detailed Description of Work: N/A
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the method of compensation agreed to in Section 4.
3. Time of Performance:
A. Schedule for Performance. Consultant shall promptly commence and diligently
complete performance of the Work starting upon execution of this Agreement unless
a separate schedule is agreed to in writing or specified in the Scope of Work in Section
1 of this Agreement.
AGENDA ITEM #7. c)
PAGE 2 OF 12
B. Deadline for Completion of all Work. All Work shall be completed by no later than
December 31, 2024 unless this date is extended by written amendment to this
Agreement.
4. Compensation:
A. Maximum Amount. Total compensation to Consultant for Work provided pursuant to
this Agreement shall not exceed one hundred fifty thousand ($150,000.00), which
amount shall include the rates specfied in Section 4.B and reimburseable costs
allowed pursuant to Seciton 4.C, but such maximum amount does not include any
applicable state and local sales taxes that Consultant is required by law to collect from
the City.
B. Rate of Compensation. Compensation shall be paid for after all Work is actually
performed as follows – applicable box checked:
☒ Rate(s), payment schedules, or amounts specified in Exhibit A, which is attached
and incorporated herein.
☐ Hourly rates described as follows: N/A
☐ Fixed monthly rate described as follows: N/A
☐ Fixed rate for completion of all Work described as follows: N/A
☐ Other: N/A
Consultant agrees that any hourly or flat rate charged by it for its Work shall remain
locked at the negotiated rate(s) unless otherwise agreed to in writing. Except sales
and use taxes required by state law to be collected by Consultant from the City, the
Consultant shall be solely responsible for payment of any taxes imposed as a result of
the performance and payment of this Agreement.
C. Reimbursable Costs. The Rate of Compensation described in Section 4.B is established
to cover all direct and indirect costs for the Consultant to perform the Work, without
separate reimbursement except to the extent expressly agreed to therein. If the Rate
of Compensation expressly contemplates the City paying Consultant reimbursable
costs, Consultant will not incur such costs until after first giving the City’s contract
administrator an opportunity to object to the costs being incurred. Such opportunity
shall be provided by emailing the contract administrator details of the costs to be
incurred with a reasonable opportunity to respond.
AGENDA ITEM #7. c)
PAGE 3 OF 12
D. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
approved by the City, including as may be applicable a description of what Work has
been performed, the name of the personnel performing such Work, and any hourly
labor charge rate for such personnel. The Consultant shall also submit a final bill upon
completion of all Work. Payment shall be made by the City for Work performed within
thirty (30) calendar days after receipt and approval by the appropriate City
representative of the voucher or invoice. If the Consultant’s performance does not
meet the requirements of this Agreement, the Consultant will correct or modify its
performance to comply with the Agreement. The City may withhold payment for work
that does not meet the requirements of this Agreement.
E. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
F. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Notices and Contract Administration: Any notice required under this Agreement (e.g.
notices of termination or insurance cancellation) shall be in writing, delivered by personal
service or certified mail, with return receipt requested, to the Required Notice Contact(s)
identified below. Required notices shall include a copy of the Agreement, the City’s CAG
number assigned to the Agreement, and clearly identify the parties and the date
referenced in the first paragraph of this Agreement.
A copy of the required notice shall also be provided to all email addresses identified for
both parties in this Section, including those listed as required notice contact and contract
project manager. Required notices shall be deemed received upon the date of personal
delivery, the date the USPS confirms delivery, or the date courtesy emailed notice is
acknowledged as received by the required notice email contact address, whichever
occurs first. If a Party first makes reasonable attempts to deliver a required notice by one
of the alternative delivery methods without a successful confirmed delivery, the required
notice will be deemed received three (3) days after it is mailed by regular first-class mail
and emailed to all below-listed email addresses along with the last known email address
used by the receiving party to communicate regarding the contract.
AGENDA ITEM #7. c)
PAGE 4 OF 12
Communication regarding contract administration that does not include a notice required
by this Agreement may be done through the party’s Project Managers using the contact
information provided below.
CITY OF RENTON
Required Notice Contact:
City Clerk
Attn: Formal Contract Notice
1055 South Grady Way
Renton, WA 98057
Cityclerk@rentonwa.gov
legaladmin@rentonwa.gov
CONSULTANT
Required Notice Contact:
Alex Withrow
1932 1st Ave #507
Seattle, WA 98101
awithrow@pyramidcommunications.com
Communication regarding contract administration that does not include a required
notice may be done through the party’s Project Managers using the contact information
provided below.
Contract Project Manager: Contract Project Manager:
GINA ESTEP
GESTEP@RENTONWA.GOV
(206)305-3615
Alex Withrow
awithrow@pyramidcommunications.com
(253) 330-4769
6. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City prior to completion of all Work,
the Consultant shall be entitled to payment for all Work performed in accordance
with this Agreement, less all payments previously made. If the Agreement is
terminated by the City after partial performance of Work for which the agreed
compensation is a fixed fee, the City shall pay the Consultant an equitable share of
the fixed fee. This provision shall not prevent the City from seeking any legal remedies
it may have for the violation or nonperformance of any of the provisions of this
Agreement. Amounts owing to the City by Consultant pursuant to the terms of this
AGENDA ITEM #7. c)
PAGE 5 OF 12
Agreement shall be deducted from the final payment due the Consultant. No payment
shall be made by the City for any expenses incurred or work done following the
effective date of termination unless authorized in writing by the City.
7. Right To Use Work Product: Consultant will perform all Work identified in this Agreement
in a professional and workmanlike manner and in accordance with all reasonable and
professional standards and laws for the type of work provided in Washington state.
Compliance with professional standards includes, as applicable, performing the Work in
compliance with applicable City standards or guidelines (e.g. design criteria and Standard
Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify
engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW
18.43.070. All final work product created for and delivered to the City pursuant to this
Agreement shall be the original work of the Consultant and free from any intellectual
property encumbrance which would restrict the City from using the work product.
Consultant grants to the City a non-exclusive, perpetual right and license to use,
reproduce, distribute, adapt, modify, and display all final work product produced
pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the
final work products other than for the purposes of this Agreement shall be without
liability to the Consultant. The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six (6)
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
9. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
AGENDA ITEM #7. c)
PAGE 6 OF 12
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
10. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, providing insurance benefits, provide training, tools, or materials, or
otherwise assuming the duties of an employer with respect to Consultant or any
employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide services to other
entities, so long as there is no interruption or interference with the provision of Work
called for in this Agreement.
AGENDA ITEM #7. c)
PAGE 7 OF 12
11. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
12. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
13. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
AGENDA ITEM #7. c)
PAGE 8 OF 12
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
14. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
15. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
AGENDA ITEM #7. c)
PAGE 9 OF 12
16. Assignment: Neither the City nor the Consultant shall assign, transfer or encumber any
rights, duties or interests accruing from this Agreement without a signed amendment to
this Agreement.
17. Merger, Acquisition, or Name Change: If Consultant is merged with, acquired by
another entity, or has a name change, such party shall provide written notice to the City
within 20 days of the effective date of such merger, acquisition, or name change. The
surviving or acquiring entity shall assume all rights and obligations of such party under
this Agreement, unless otherwise agreed by the Parties in a signed amendment to this
Agreement. The new or renamed entity will promptly sign an amendment upon request
by the City to document its assumption of all obligations under this Agreement.
18. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative steps to ensure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution No. 4085.
AGENDA ITEM #7. c)
PAGE 10 OF 12
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. Certification Regarding Federal Debarment and Suspension Status. Consultant affirms
that neither it nor its principals nor its subcontractors and their principals: (1) are
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from the award of contracts by any federal department or
agency; (2) have within a 3-year period preceding any partially or wholly federally
funded contract been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (federal, state, or local) contract or subcontract;
been in violation of federal or state antitrust statutes, or been convicted of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or otherwise criminally or civilly
charged by a governmental entity (federal, state, or local) with commission of any of
the offenses enumerated in (2) above; and, (3) have within a 3-year period preceding
an award of any partially or wholly federally funded contract, had one or more
contracts terminated for cause or default by any federal or state agency. Consultant
further promises that if it or its principals in the future are debarred or suspended
from eligibility of award by the federal government that it shall within 3 days notify
the City of such change in status.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
AGENDA ITEM #7. c)
PAGE 11 OF 12
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
AGENDA ITEM #7. c)
PAGE 12 OF 12
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Mae Moldenhauer
CFO
_____________________________
Date Signed
_____________________________
Date Signed
Attest:
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Sr. Assistant City Attorney
PSA Template 1023 FF SP (h/contract/2024/2919)
AGENDA ITEM #7. c)
Renton
Community
Marketing
Campaign
Proposal to:City of Renton
Attention to:Lodging Tax Advisory Committee
From:Alex Withrow
253.330.4769
awithrow@pyramidcommunications.com
December 5, 2023
EXHIBIT A - Scope of WorkAGENDA ITEM #7. c)
A New Campaign for Renton
The City of Renton is dynamic, vibrant, and flourishing. Situated just South of larger
Seattle, it has been historically, too easy to miss. We know the City of Renton
embodies and represents so many of the values our region holds close: community,
diversity, innovation and ingenuity, and pride of place. Now, we have the opportunity
to show these qualities to the rest of our region, state, and nation.
We specialize in authentic marketing that naturally blends community
engagement and activation.Our team sees destination tourism and promotion as
the process of connecting to what truly animates a place, and sharing it through
values-driven and emotive content that reaches people where they are. The most
interesting and engaging destination promotion often surprises its audiences,
engaging them by calling their attention to something they may not know about a
place. Authenticity is everything. Renton residents, in seeing anything we produce,
should think, “That’s us.”
We imagine this work happening in two distinct phases:
1.Phase One: Campaign Build | One-time, foundational work to build an
engaging creative campaign concept and establish channels for the
campaign—including a brand, centralized website, and social channels.This is
work that will only need to be done once in the beginning of the
campaign, and will support the campaign effort for years to come.
2.Phase Two: Campaign Activation | Ongoing investment and participation in
implementation of the campaign, keeping the effort fresh, timely, and
engaging.This is work that will be “always on”, requiring ongoing
management and partner support.
Campaign efforts like this can be executed at many scales. In service of flexible
partnership, and appreciating the City’s careful stewardship of resources, we’re
sharing two potential paths forward below. The first represents a light
investment, scope of work, and scale of campaign, and the second represents a
more significant and full investment, scope of work, and scale of campaign.
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AGENDA ITEM #7. c)
Our Approach
We work in close collaboration with our clients to develop the right approach to
achieving their goals. Based on what we know now, we’d adopt the following
approach for this work.
Phase One: Campaign Build
In Option Two, we’ll pursue the following approach to the campaign build.
Campaign Brand and Logo Development
We envision one unified campaign effort to capture the history, culture, experience,
and offerings of Renton and what it means to live, learn, work,and play here.
A single unified effort moving forward will better utilize resources and team
capacity—both internal and external; allow us to create a holistic campaign
experience; and appeal to distinct audiences’ interests and needs while coalescing
all of our audiences around the core culture, values, and traits that make us love
Renton.
●A campaign creative concept;
●Name;
●Story (messaging) with deeper development and talking points for priority
audiences;
●Look and feel;
●Logo;
●And brand guidelines—for partner and our own team’s use in consistently
activating the campaign brand.
We will develop three to four initial options for a campaign concept and name that
represent an evolution of the current Visit Renton brand, rather than entirely new
creative.
We’ll work through two rounds of review and revision of the concept, name, and
visual look and feel, and then work to develop the campaign story
(messaging)—again partnering with your team through two rounds of review and
revision. We would also engage core partners and additional stakeholders in
reviewing initial creative concepts and providing feedback.
Deliverables:Creative concept and name, messaging, visual look and feel, logo,
brand guidelines
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AGENDA ITEM #7. c)
Website and Channels Development
We would then work to create a centralized campaign website. Whether an evolved
version of a current site or a new website, this will be a place to centralize information
for our audiences and create a campaign experience. Through storytelling and user
experience, the site will engage all our audiences in the culture and experience of
Renton, before driving distinct audiences to the information they’re looking for.
We will work to identify the right strategy for the campaign’s digital presence and
collaborate through website content strategy, design, build, and launch.
We would adapt current, or develop new social channels to reflect a fresh, new
campaign brand. Additionally, we would recommend incorporating email marketing
into a more robust campaign presence, and would establish that tool for the
campaign as well.
Deliverables:Centralized campaign website, social channels and email marketing
platform
Baseline Research
In this phase, we would also plan to conduct initial research to establish baseline
markers for the campaign moving forward. We would first develop and field a digital
survey to determine baseline perceptions and preferences related to Renton, both
from those currently living in Renton and those from outside of the community.
Deliverables:Digital survey, results
Phase Two: Campaign Activation
With the foundational work of Phase One in place, we’ll then pursue the following
approach to the campaign activation.
Initial Materials Development
We would first work to develop:
●Suite of content and visuals for social and email:Designed content,
templates, and graphics to bring our strategy to life across refined social
channels and email. We will develop 2-4 templates, and 3-5 graphics (sized for
each platform) to support the campaign.
●Suite of ads for paid advertising campaign:Our success with a new
campaign for Renton depends on our target audiences finding it. A paid
advertising campaign will support audience growth and development for the
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AGENDA ITEM #7. c)
effort. We’ll develop 2-3 adds, adapted for each channel we pursue, in support
of a mini Summer paid media campaign.
●Photography:We would facilitate 1-2 photo shoots to help build a bank of
usable photography for the campaign.
●Video:We’ll develop video guidelines and concepts to equip partners and
community members to capture and share out video content in support of
the campaign. We will also serve as a repository of video content that is
developed, ensuring all footage is usable for future campaign activations.
Ongoing Campaign Management
With a clear campaign strategy and creative assets, as well as channels in place to
engage our audiences, we will move into ongoing campaign management. Based
on what we know now, the following activities will be critical to campaign success:
●Audience development:Develop guidelines for audience management and
interaction across campaign channels on an ongoing basis.
●Ongoing channel management:Support the Renton team in scheduling,
posting, and deployment of content, including the ongoing management of a
living editorial calendar.
●Goals and reporting:We’ll develop specific key performance indicators (KPIs)
based on the high-level campaign goals. We recommend quarterly reporting
to ensure we’re measuring the campaign’s success and continually refining
and adapting it to best serve the needs of the City and meet desired
outcomes.
Deliverables:Ongoing campaign management and quarterly reporting
Partner Engagement and Activation
Partners will be critical to the campaign’s success—from core partners at the City, in
the Department of Commerce and beyond to influencers like the Seahawks,
Sounders, and known community leaders and residents. We will develop a structure
and resources that makes engaging in this effort clear, sustainable, and fun. This
work will include:
●Partner identification (internal and external):Clear identification of
campaign core internal partners as well as targeted influencers to engage:
○Campaign for Renton core partners
○Paid social media influencer engagement
○Local businesses (i.e. Top Golf, Sounders, Seahawks, small downtown
businesses, the Landing)
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AGENDA ITEM #7. c)
●Expectations for engagement:Help define and plan stakeholder
engagement and conversation to align on expectations for engagement and
how our team can best support.
●Partner activation support:Targeted engagement and support to activate
core partners and influencers around key campaign milestones and moments
in support of the Renton team.
Deliverables:Campaign partner identification, support for engagement and
regular toolkits with fresh content to share
Paid Media
The development and launch of a new campaign effort will benefit from a boost to
ensure we’re able to reach, engage, and grow an audience. Paid media to support
campaign launch and audience growth would include:
●Paid social media (Facebook, Instagram, LinkedIn, YouTube, TikTok, etc.)
●Display and search advertising
●Outdoor and print advertising
●Influencer compensation
●Geographic targeting of audiences in and outside of the Puget Sound region
Earned Media
Active earned media pitching will work to raise the City of Renton’s exposure and
develop a public narrative about who Renton is and all that it has to offer. Our team
will work with yours to:
●Develop focused goals for earned media
●Develop creative story ideas to pitch target outlets
●Actively pitch media
●Report on progress
Deliverables:Targeted earned media support
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AGENDA ITEM #7. c)
Costs
Our initial estimate outlined below covers the development of a campaign presence
for long-term (years) use—including branding, a centralized website and channels;
offers monthly estimates for ongoing organic campaign execution, and an estimated
paid media budget covering a three-month, paid campaign.
Campaign Brand and Logo Development $30,000
Baseline Research $7,000
Website and Channels Development
Website design and development $20,000
Channel development (social and email)$3,000
Initial Materials Development
Suite of content and visuals for social $10,000
Suite of ads for paid advertising campaign $3,000
Photography and Video $7,500
Ongoing Campaign Management
$3,250 /month $39,000
Partner engagement and activation
$1,500 /month $12,000
Paid Media
Paid media campaign management (three months)$2,500
Paid media ad buy (6-8 weeks)
Note: While we've listed $13,500 here, we imagine this range could be
anywhere from $10,000-$100,000 depending on resources available.
$13,500
Earned Media $2,500
Total $150,000
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AGENDA ITEM #7. c)
Pyramid Services Provided:
●Research: Audit, interviews, and focus groups
●Organizational brand development
●Website development
●Message and materials development
●Partner engagement
●Event support
In recent years, the U District neighborhood has undergone immense changes:
upzoning to allow for new and bigger buildings, the UW growth Master Plan, the
new Sound Transit Light Rail Station. The U District is more vibrant and connected
than ever before. Our challenge was telling the story of the new and changing U
District, while honoring the culture and past that has made this neighborhood so
special.
We partnered with the U District Partnership to develop a new brand and visual
identity for the U District neighborhood as part of a larger campaign and effort to
revitalize the neighborhood. This began with a number of community conversations,
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AGENDA ITEM #7. c)
to learn what existing residents and businesses feel are the greatest strengths and
challenges for the neighborhood today. This led to an iterative branding process, with
a number of focus groups with new and existing audiences to help guide and refine
the brand as it was being developed. We also collaborated on teasing apart the U
District Partnership organization brand and the brand of the neighborhood itself.
The new brand we developed has been brought to life across the U District
neighborhood and U District Partnership websites, social media, and written
materials. We’ve also supported a number of special events and initiatives related to
the campaign, including the $3 food walk, Boba Fest, and the Light Rail opening, and
work collaboratively with their team on an ongoing basis developing messaging and
materials in support of their efforts.
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AGENDA ITEM #7. c)
Friends of Waterfront Seattle
Pyramid Services Provided:
●Research: Audit and stakeholder sessions
●Campaign brand development
●Message and materials development
●Paid media campaign planning, strategy, and implementation
●Earned media strategy and implementation
●Partner and stakeholder engagement
●Ongoing content development and channel management for social, email,
web, etc.
With Seattle’s Pier 62 open for its second summer, Friends of Waterfront Seattle
(FOWS) had an opportunity to draw people to enjoy an incredible space with a
bounty of activities and breathtaking views. In doing so, they’d be reminding locals
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AGENDA ITEM #7. c)
that the Seattle waterfront is not only a place for tourists to visit, but a consistently
engaging spot for home-towners as well. We collaborated with FOWS to create a
marketing campaign with activations across social, digital, outdoor, and community
media. This campaign will be an anchor in their ongoing work to help locals regularly
think of Pier 62 with pride, as a place that’s always got something exciting
happening, easily accessible through public transit.
The campaign was launched in eight languages in digital and outdoor placements
as well as social ads. Ad placements across radio and community media included
Seattle Gay News, Seattle Gay Scene, NW VIetnamese News, and KXPA and KKNW
Radio. Overall 8,104,007 impressions were served driving more that 59,673 clicks to
their website.We also met our goal of attracting more than 300,000 people to
Pier 62 over the course of the summer.
Since launching the campaign, we’ve worked on an ongoing basis with the FOWS,
supporting social media strategy and content development, developing strategies
for new programs and activities, and supporting graphic design needs across
different areas of work.
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AGENDA ITEM #7. c)
AB - 3507
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Agreement for Website Design Services
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Executive Services Department
STAFF CONTACT: Megan Bermudez, Senior Business Systems Analyst
EXT.: 6883
FISCAL IMPACT SUMMARY:
Funding for the attached Agreement in the amount of $232,500 is available from the approved 2023/2024
Content Management System budget (503.540023.003.594.18.64.000). There is sufficient funding in the
budget for this agreement.
SUMMARY OF ACTION:
This Agreement with Granicus, LLC, will allow the City of Renton to design and launch a new RentonWA.gov
website. Granicus will provide a platform to host the website, as well as design consultation, training, and
implementation services to provide an informative and user-friendly experience to website visitors.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute this agreement with Granicus, LLC. in the amount of $232,500
for Website Design Services.
AGENDA ITEM #7. d)
AGREEMENT FOR WEBSITE DESIGN SERVICES
(SOFTWARE AS A SERVICES AGREEMENT)
THIS AGREEMENT (“Agreement”), dated for reference purposes only as September 19, 2023, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Granicus LLC (“Vendor”), a Minnesota limited
liability company. The City and the Vendor are referred to collectively in this Agreement as the “Parties.” Once fully
executed by the Parties, this Agreement is effective as of the last date signed by both parties (the “Effective Date”).
1.Scope of Work: Vendor agrees to license the Government Experience Cloud website content management
platform; provide website hosting services; and provide design consultation, migration, and
implementation services as part of redesign of the City of Renton main website, www.rentonwa.gov, as
further described in Attachment 1 – Master Subscription Agreement and Exhibit A, which are attached and
incorporated herein and may hereinafter be referred to as the “Work.” Vendor shall provide the Work
consistent with the requirements of the Service Level Agreement as set forth in Exhibit B.
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work
consisting of additions, deletions, or modifications. Any such changes to the Work shall be ordered by
the City in writing, and the Compensation shall be equitably adjusted consistent with the rates set
forth in Exhibit A or as otherwise mutually agreed by the Parties.
3.Time of Performance: Vendor shall commence performance of the Agreement within 30 days of the
Agreement’s execution.
4.Compensation:
A.Amount. The amount of the Agreement is made up of two parts, “One-Time Costs” which apply to
Phase 1 of the Work, and “Recurring Costs” which apply to Phase 2 of the Work.
•One-Time Costs. The amount of the One Time Costs for this Agreement shall not exceed
$83,600.00 ($76,000.00 plus any applicable state and local sales taxes). Costs shall be paid
based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A.
•Recurring Costs. The amount of the Recurring Costs shall be $25,850.00 ($23,500.00 plus any
applicable state and local sales taxes) for the period starting one year from the Effective Date for the
first year of service, with the Recurring Costs for years two, three, four, and five following the rates
in the Pricing Summary section of Exhibit A. The Term of this Agreement and the prices set are for 60
months as set forth in Exhibit A. However, the City may terminate the Agreement per Paragraph 5
below without penalty and without payment for the terminated years. Additional Recurring
Costs beyond the yearly amount set in Exhibit A are to be billed and renewed annually and are
not to exceed an increase of 7% year over year unless otherwise agreed by both Parties.
•The City will be responsible for paying any applicable sales or use tax related to this Agreement as
set forth in the invoice. Vendor is responsible for remittance of any taxes collected from City to
the applicable taxing authority.
Granicus CMS Agreement 1
AGENDA ITEM #7. d)
•City will remit payment on accurate and undisputed invoices within forty-five (45) days of receipt of
such invoice.
Except as specifically provided herein, the Vendor shall be solely responsible for payment of any taxes
imposed as a result of the performance and payment of this Agreement.
B.Method of Payment. On an annual basis during any year in which Work is performed, the Vendor shall
submit a voucher or invoice in a form specified by the City. Any time and materials engagements shall
include a description of what Work has been performed, the name of the personnel performing such
Work, and any hourly labor charge rate for such personnel. Milestone payment invoices will include a
description of the delivered milestone and amounts due. The Vendor shall also submit a final bill upon
completion of all Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the voucher or invoice.
If the Vendor’s performance does not meet the requirements of this Agreement, the Vendor will correct
or modify its performance to comply with the Agreement. The City may withhold payment for work that
does not meet the requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any
remedies it may have against the Vendor for failure of the Vendor to perform the Work or for any breach
of this Agreement by the Vendor.
D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or
amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the
completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without cause by giving
thirty (30) calendar days’ notice to the Vendor in writing. In the event of such termination or suspension,
all finished or unfinished documents, data, studies, worksheets, models and reports, or other material
prepared by the Vendor pursuant to this Agreement shall be submitted to the City, if any are required
as part of the Work.
B.In the event this Agreement is terminated by the City, City will promptly cease use of the Government
Experience Cloud website content management platform (subject to extraction of the data as set forth
below) as of the date of termination. The Vendor shall be entitled to payment for all hours worked to
the effective date of termination, less all payments previously made. If the Agreement is terminated by
the City after partial performance of Work for which the agreed compensation is a fixed fee, the City
shall pay the Vendor an equitable share of the fixed fee. This provision shall not prevent the City from
seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of
this Agreement and such charges due to the City shall be deducted from the final payment due the
Granicus CMS Agreement 2
AGENDA ITEM #7. d)
Vendor. No payment shall be made by the City for any expenses incurred or work done following the
effective date of termination unless authorized in advance in writing by the City.
C.Return of Information. Upon the written request of City, Consultant shall return any of the City’s
Information in a usable format agreed to by the City at no additional cost to the City.
D.Upon termination of this Agreement, the City will have up to sixty (60) days to extract any City data
stored or processed in the Government Experience Cloud website content management platform.
Consultant will provide reasonable assistance to the City at no cost to the City.
6.Warranties and Right to Use Work Product: In addition to the warranties set forth in Attachment 1, Vendor
represents and warrants that Vendor will perform all Work identified in this Agreement in a professional
and workmanlike manner and in accordance with all reasonable and professional standards and laws.
Vendor further represents and warrants that all final work product created for and delivered to the City
pursuant to this Agreement shall be the original work of the Vendor and free from any intellectual property
encumbrance which would restrict the City from using the work product in accordance with this Agreement.
Vendor grants to the City a non-exclusive, perpetual right and license to use , reproduce, distribute, adapt,
modify, and display all final work product created specifically and exclusively for the City and produced
pursuant to this Agreement in accordance with the terms set forth herein.
7.Record Maintenance: The Vendor shall maintain accounts and records, which properly reflect all direct and
indirect costs expended and Work provided in the performance of this Agreement and retain such records
for as long as may be required by applicable Washington State records retention laws, but in any event no
less than six years after the termination of this Agreement. The Vendor agrees to provide access to and
copies of any records related to this Agreement as required by the City to audit expenditures and charges
and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this
section shall survive the expiration or termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington
State Public Records Act, Vendor shall make a due diligent search of all records in its possession or control
relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved
telephone messages, recordings, photos, or drawings and provide them to the City for production. In the
event Vendor believes said records need to be protected from disclosure, it may, at Vendor’s own expense,
seek judicial protection. Vendor shall indemnify, defend, and hold harmless the City for all costs, including
attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Vendor
has responsive records and for which Vendor has withheld records or information contained therein, or not
provided them to the City in a timely manner. Vendor shall produce for distribution any and all records
responsive to the Public Records Act request in a timely manner, unless those records are protected by court
order. The provisions of this section shall survive the expiration or termination of this Agreement.
9.Independent Contractor Relationship:
A.The Vendor is retained by the City only for the purposes and to the extent set forth in this Agreement.
The nature of the relationship between the Vendor and the City during the period of the Work shall be
Granicus CMS Agreement 3
AGENDA ITEM #7. d)
that of an independent contractor, not employee. The Vendor, not the City, shall have the power to
control and direct the details, manner or means of Work. Specifically, but not by means of limitation,
the Vendor shall have no obligation to work any particular hours or particular schedule, unless otherwise
indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged
due to the nature of the Work. Vendor shall retain the right to designate the means of performing the
Work covered by this agreement, and the Vendor shall be entitled to employ other workers at such
compensation and such other conditions as it may deem proper, provided, however, that any contract
so made by the Vendor is to be paid by it alone, and that employing such workers, it is acting individually
and not as an agent for the City.
B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social
Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of
an employer with respect to Vendor or any employee of the Vendor.
C.If the Vendor is a sole proprietorship or if this Agreement is with an individual, the Vendor agrees to
notify the City and complete any required form if the Vendor retired under a State of Washington
retirement system and agrees to indemnify any losses the City may sustain through the Vendor’s failure
to do so.
10.Hold Harmless: In addition to the indemnification provision set forth in Section 9 of Attachment 1, the
Vendor agrees to release, indemnify, defend, and hold harmless the City and its elected officials, employees,
and officers, from any and all third-party claims, demands, actions, suits, causes of action, arbitrations,
mediations, proceedings, judgments, awards, damages, liabilities, taxes, losses, fines, fees, penalties,
expenses, reasonable attorneys’ fees, costs, and/or litigation expenses (collectively, “ Claims”) to the extent
that such Claims arise from the negligent acts, errors or omissions of the Vendor in its performance of this
Agreement or a breach of this Agreement by Vendor, except for that portion of the claims caused by the
City’s sole negligence. The process and procedure regarding Vendor’ s indemnification of City is as set forth
in Section 9.3 of Attachment 1. Notwithstanding anything to the contrary elsewhere in this Agreement, this
Hold Harmless provision is subject to Section 8 of Attachment 1.
Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity
of agreement to indemnify against liability for negligence relative to construction, alteration, improvement,
etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence
of the Vendor and the City, its officers, officials, employees and volunteers, Vendor’s liability shall be only
to the extent of Vendor’s negligence.
It is further specifically and expressly understood that the indemnification provided in this Agreement
constitute Vendor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the
purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The
provisions of this section shall survive the expiration or termination of this Agreement.
Granicus CMS Agreement 4
AGENDA ITEM #7. d)
11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from
soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in
a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Vendor
shall not give a gift of any kind to City employees or officials. Vendor also confirms that Vendor does not
have a business interest or a close family relationship with any City officer or employee who was, is, or will
be involved in selecting the Vendor, negotiating or administering this Agreement, or evaluating the Vendor’s
performance of the Work.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code, Vendor shall obtain a City
of Renton Business License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-
business/register-my-business
13. Insurance: Vendor shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involves or
requires Professional Services, Professional Liability/ Errors and Omissions coverage shall be provided
with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this
section, shall mean any Work provided by a licensed professional or Work that requires a professional
standard of care.
C.Workers’ Compensation Coverage, as required by the Industrial Insurance laws of the State of
Washington, shall also be secured.
D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned,
with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of
Vendor’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes.
E.Cyber Liability Insurance is required, with limits not less than $2,000,000 per occurrence or claim, with
$2,000,000 aggregate minimum. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to,
coverage, including defense, for the following losses or services: claims involving infringement of
intellectual property, infringement of copyright, trademark, trade dress, invasion of privacy violations,
information theft, damage to or destruction of electronic information, release of private information,
alteration of electronic information, extortion and network security, coverage for unauthorized access
and use, failure of security, breach of confidential information, or privacy perils. The policy shall provide
Granicus CMS Agreement 5
AGENDA ITEM #7. d)
coverage for breach response costs, to include but not limited to crisis management services, credit
monitoring, public relations, legal service advice, notification of affected parties, independent
information security forensics firm, and costs to re-secure, re-create and restore data or systems as well
as regulatory fines and penalties with limits sufficient to respond to these obligations.
F.Vendor shall name the City as an Additional Insured on its commercial general liability policy on a non-
contributory primary basis. The City’s insurance policies shall not be a source for payment of any Vendor
liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit
the liability of Vendor to the coverage provided by such insurance or otherwise limit the City’s recourse
to any remedy available at law or in equity. Additional Insured requirements do not apply to Cyber
Liability nor Professional Liability insurance, if applicable.
G.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements,
shall be delivered to the City before performing the Work.
H.Vendor shall provide the City with written notice of any policy cancellation, within ten (10) business days
of their receipt of such notice.
14.Safeguarding of Personal Information; Intellectual Property:
A.Personal Information: Vendor shall not use or disclose Personal Information, as defined in chapter
19.255 RCW, in any manner that would constitute a violation of federal law or applicable provisions of
Washington State law. Vendor agrees to comply with all federal and state laws and regulations, as
currently enacted or revised, regarding data security and electronic data interchange of Personal
Information.
Vendor shall ensure its directors, officers, employees, subcontractors, or agents use Personal
Information solely for the purposes of accomplishing the services set forth in the Agreement.
Vendor shall protect Personal Information collected, used, or acquired in connection with the
Agreement, against unauthorized use, disclosure, modification, or loss.
Vendor and its sub-providers agree not to release, divulge, publish, transfer, sell or otherwise make
Personal Information known to unauthorized persons without the express written consent of City or as
otherwise authorized by law.
Vendor agrees to implement physical, electronic, and managerial policies, procedures, and safeguards
to prevent unauthorized access, use, or disclosure of Personal Information.
Vendor shall make the Personal Information available to amend as directed by City and incorporate any
amendments into all the copies maintained by the Vendor or its subcontractors. Vendor shall certify its
return or destruction upon expiration or termination of the Agreement and the Vendor shall retain no
copies. If Vendor and City mutually determine that return or destruction is not feasible, the Vendor shall
Granicus CMS Agreement 6
AGENDA ITEM #7. d)
not use the Personal Information in a manner other than those permitted or authorized by state and
federal laws.
Vendor shall notify City in writing immediately upon becoming aware of any unauthorized access, use
or disclosure of Personal Information. Vendor shall take necessary steps to mitigate the harmful effects
of such use or disclosure. Vendor is financially responsible for notification of any unauthorized access,
use or disclosure. The details of the notification must be approved by City.
Any breach of this clause may result in termination of the Agreement and the demand for return of all
Personal Information.
B.Intellectual Property: Each Party retains all right, title, and interest under applicable contractual, copyright
and related laws to their respective Information, including the right to use such information for all
purposes permissible by applicable laws, rules, and regulations.
15.Delays: Vendor is not responsible for delays caused by factors beyond the Vendor’s reasonable control.
When such delays beyond the Vendor’s reasonable control occur, the City agrees the Vendor is not
responsible for damages, nor shall the Vendor be deemed to be in default of the Agreement.
16.Successors and Assigns: Neither the City nor the Vendor shall assign, transfer, or encumber any rights, duties
or interests accruing from this Agreement without the written consent of the other; provided, however, that
either Party may assign this Agreement upon notice to the other Party in the event of any successor or assign
that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock
purchase, asset purchase, or otherwise – provided that the new assigned party – takes assignment of the
Agreement in full and provides written notice and contact information to the other party within 30 days of
the assignment.
17.Notices: Notices and Contract Administration: Except for Service of Process, any notice required under this
Agreement (e.g. notices of termination or insurance cancellation) shall be in writing, delivered by personal
service or certified mail, with return receipt requested, to the Required Notice Contact(s) identified below.
Required notices shall include a copy of the Agreement, the City’s CAG number assigned to the Agreement,
and clearly identify the parties and the date referenced in the first paragraph of this Agreement. A copy of
the required notice shall also be provided to all email addresses identified for both parties in this Section,
including those listed as required notice contact and contract project manager. Required notices shall be
deemed received upon the date of personal delivery, the date the USPS confirms delivery, or the date
courtesy emailed notice is acknowledged as received by the required notice email contact address,
whichever occurs first. If a Party first makes reasonable attempts to deliver a required notice by one of the
alternative delivery methods without a successful confirmed delivery, the required notice will be deemed
received three (3) days after it is mailed by regular first-class mail and emailed to all below-listed email
addresses along with the last known email address used by the receiving party to communicate regarding
the contract.
Granicus CMS Agreement 7
AGENDA ITEM #7. d)
CITY OF RENTON
Laura Pettitt, Communications Director
1055 South Grady Way
Renton, WA 98057
Phone: (206) 308-7986
Email: lpettitt@rentonwa.gov
And CityClerk@rentonwa.gov
VENDOR
Contracts 1152 15th Street NW
Suite 800
Washington, DC 20005
Phone: 800-314-0147
Email: contracts@granicus.com
18.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the
Vendor agrees as follows:
A.Vendor, and Vendor’s agents, employees, representatives, and volunteers with regard to the Work
performed or to be performed under this Agreement, shall not discriminate on the basis of race, color,
sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum
age and retirement provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment, the
administration of the delivery of Work or any other benefits under this Agreement, or procurement of
materials or supplies.
B.The Vendor will take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, creed, color, national origin, sex, age, sexual
orientation, physical, sensory, or mental handicaps, or marital status. Such action shall include, but not
be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.
C.If the Vendor fails to comply with any of this Agreement’s non-discrimination provisions, the City shall
have the right, at its option, to cancel the Agreement in whole or in part.
D.The Vendor is responsible to be aware of and in compliance with all federal, state and local laws and
regulations that may affect the satisfactory completion of the project, which includes but is not limited
to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will
comply with City of Renton Council Resolution Number 4085.
19.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Vendor.
B.Vendor will not be reimbursed for job related expenses except to the extent specifically agreed within
the attached exhibits.
C.Vendor shall furnish all tools and/or materials necessary to perform the Work except to the extent
specifically agreed within the attached exhibits.
Granicus CMS Agreement 8
AGENDA ITEM #7. d)
D.In the event special training, licensing, or certification is required for Vendor to provide Work he/she will
acquire or maintain such at his/her own expense and, if Vendor employs, sub-contracts, or otherwise
assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and
or maintain such training, licensing, or certification.
E.This is a non-exclusive agreement and Vendor is free to provide his/her Work to other entities, so long
as there is no interruption or interference with the provision of Work called for in this Agreement.
F.Vendor is responsible for his/her own insurance, including, but not limited to health insurance.
G.Vendor is responsible for his/her own Worker’s Compensation coverage as well as that for any persons
employed by the Vendor.
20.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City and Vendor
represents and warrants that such individuals are duly authorized to execute and deliver this Agreement
on behalf of the City or Vendor.
B.General Administration and Management. The City’s project manager is Megan Bermudez, Senior
Business Systems Analyst, mbermudez@rentonwa.gov. In providing Work, Vendor shall coordinate with
the City’s contract manager or his/her designee.
C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly
executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Vendor proposals and this Agreement, the terms
of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by
reference only to the extent of the purpose for which they are referenced within this Agreement. To the
extent a Vendor prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the body of this
Agreement shall prevail and the extraneous terms shall not be incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance
with the laws of the State of Washington and the City of Renton. Vendor and all of the Vendor’s
employees shall perform the Work in accordance with all applicable federal, state, county and city laws,
codes and ordinances.
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts
of the Parties and shall not be construed against one party or the other as a result of the preparation,
substitution, submission, or other event of negotiation, drafting or execution.
G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this
Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the
Granicus CMS Agreement 9
AGENDA ITEM #7. d)
State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its
replacement or successor. Vendor hereby expressly consents to the personal and exclusive jurisdiction
and venue of such court even if Vendor is a foreign corporation not registered with the State of
Washington.
H.Severability. A court of competent jurisdiction’s determination that any provision or part of this
Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement,
which shall remain in full force and effect.
I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any
representations or understandings, whether oral or written, not incorporated are excluded.
J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in
which performance is a factor. Adherence to completion dates set forth in the description of the Work
is essential to the Vendor’s performance of this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any
rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no
one else.
L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants of the Agreement.
M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce
any provision of this Agreement shall not be a waiver and shall not prevent either the City or Vendor
from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach
of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which
shall constitute an original, and all of which will together constitute this one Agreement.
Signature Page Follows
Granicus CMS Agreement 10
AGENDA ITEM #7. d)
CITY OF RENTON
By: _____________________________
Granicus, LLC
By: ____________________________
Armondo Pavone
Mayor
Kimberly Rosenberger
Contracts Manager
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
Clb 1-17-24 2859
approved 1/26/24 2859
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last
signed by the Parties below.
Granicus CMS Agreement 11
AGENDA ITEM #7. d)
Exhibit and Attachment Table of Contents
Exhibit A – Proposal
Exhibit B – Service Level Agreement (SLA)
Attachment 1 - Subscription Agreement
Granicus CMS Agreement 12
AGENDA ITEM #7. d)
Order #: Q-293348
Prepared: 25 Jan 2024
Page 1 of 5
THIS IS NOT AN INVOICE Order Form
Prepared for
Renton WA
ORDER DETAILS
Prepared By:
Phone:
Email:
Order #:
Prepared On:
Expires On:
Jordan Pryczynski
jordan.pryczynski@granicus.com
Q-293348
25 Jan 2024
29 Feb 2024
ORDER TERMS
Currency: USD
The subscription includes the following domain(s) and subdomain(s):
• www.rentonwa.gov
EXHIBIT A
Granicus CMS Agreement 13
AGENDA ITEM #7. d)
Order Form
Renton WA
Order #: Q-293348
Prepared: 25 Jan 2024
Page 2 of 5
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this
Proposal.
One-Time Fees
Solution Billing
Frequency Quantity/Unit One-Time Fee
AzureAD Connector - Services Setup and
Configuration Package Up Front 1 Each $1,000.00
Granicus Web - Advanced Package Milestones -
40/30/30 1 Each $47,500.00
GXG Information Architecture Up Front 1 Each $22,500.00
GXG Writing for the Web Workshop Up Front 1 Each $5,000.00
SUBTOTAL: $76,000.00
New Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
AzureAD Connector License Annual 1 Each $1,500.00
OpenCities SaaS License Annual 1 Each $22,000.00
SUBTOTAL: $23,500.00
FUTURE YEAR PRICING
Solution(s) Period of Performance
Year 2 Year 3 Year 4 Year 5
AzureAD Connector License $1,605.00 $1,717.35 $1,837.56 $1,966.19
OpenCities SaaS License $23,540.00 $25,187.80 $26,950.95 $28,837.51
SUBTOTAL: $25,145.00 $26,905.15 $28,788.51 $30,803.70
Granicus CMS Agreement 14
AGENDA ITEM #7. d)
Order Form
Renton WA
Order #: Q-293348
Prepared: 25 Jan 2024
Page 3 of 5
PRODUCT DESCRIPTIONS
Solution Description
AzureAD Connector License OpenCities integrates with your Microsoft Active Directories (via AzureAD
not on-prem), giving staff the convenience of a single sign-on experience
and automatically mapping the appropriate roles and permissions in
OpenCities to relevant AD users.
For your OpenCities intranet, the Azure AD connector powers your staff
directory and organisation chart to ensure they are dynamically updated
on a regular basis.
This may be used for your web, intranet and subsites.
AzureAD Connector - Services
Setup and Configuration
Package
Set up and configuration of AzureAD Connector
Granicus Web - Advanced
Package
The Advanced Package provides a citizen-focused website with a
comprehensive UX Design process. This package utilizes the full CMS
capabilities to create a unique data-driven homepage layout. It is
recommended for organizations with a medium/large website
implementation team with the capacity to immerse in a discovery
engagement and work in partnership with Granicus to create a website
with a high-end design, content structure, and usability.
This package includes:
Professional Project Management - Weekly / bi-weekly
communication
Advanced UX Consultation, which may include one (1) or more of the
following based on consultation with client:
o One (1) site analytics report based on Google Analytics
o One (1) homepage heatmap PDF report with key findings
o One (1) internal stakeholder survey - One (1) community survey
PDF report with key findings - One (1) remote user testing of top
tasks
o Two (2) modular homepage wireframes
One (1) Information Architecture (IA) Package (Full IA)
o Goals alignment kick-off, data audit, user engagement (tree
testing or card sorting)
o Recommendations & Implementation Report - including new
information architecture map
One (1) Content Rationalization Package (basic)
o Best practices review, one (1) hour session
Granicus CMS Agreement 15
AGENDA ITEM #7. d)
Order Form
Renton WA
Order #: Q-293348
Prepared: 25 Jan 2024
Page 4 of 5
o Site scrape loaded into AIM framework document One (1)
Department Usability Workshop
o Up to three (3) organizational units One (1)
Visual Design Package
o One (1) homepage design concept
o Interior page sample
o Mobile version sample
o Up to three (3) rounds of design revisions All CX
features – choose from Granicus library
Development/CMS Implementation
Content Migration - up to two hundred (200) pages
•QA & Accessibility Report
•Up to twenty-four (24) hours of remote training; each session is
designed for up to ten (10) attendees
o Three (3) non-consecutive sessions for content authors.
Each session has a duration of three (3) hours
o One (1) session for website administrators. This session has a
duration of two (2) hours
o Two (2) “beyond the basics” sessions. Each session has a
duration of three (3) hours
o Three (3) accessibility training sessions. Each session has a
duration of two (2) hour
OpenCities SaaS License The OpenCities platform allows you to launch modern, easy to use websites
that evolve to put the needs of your community at the center. The SaaS
License includes:
•All OpenCities out of the box functionality
(excluding optional/premium modules priced
separately)
•Platform setup and full project management
Managed cloud hosting via Microsoft AzureGov
Ongoing security updates
•Ongoing product updates and enhancements
WCAG AA Accessibility maintained perpetually
•99.9% up-time guarantee and 24/7 support for Priority 1 issues (per
SLA)
•Comprehensive SLA and Support Ticketing system
See subscription agreement for details.
Granicus CMS Agreement 16
AGENDA ITEM #7. d)
Order Form
Renton WA
Order #: Q-293348
Prepared: 25 Jan 2024
Page 5 of 5
BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:
If PO required
Billing Email: Billing Phone:
If submitting a Purchase Order, please include the following language:
The pricing, terms, and conditions of quote Q-293348 dated 09 Jan 2024 are incorporated into this Purchase
Order by reference and shall take precedence over any terms and conditions included in this Purchase
Order.
Granicus CMS Agreement 17
AGENDA ITEM #7. d)
Granicus CMS Agreement
Exhibit B Service Level Agreement (SLA)
Exhibit B: Help Desk Services and Availability
Granicus will provide complete help desk support for administrators and customers of the Granicus
Solutions. Regular support will be available during regular business hours, Monday-Friday; via email or
toll-free telephone.
CUSTOMER SUPPORT CONTACT
Hours: 8:00 am – 10:00 pm ET (9:30 am – 5:00 pm Europe)
Emergency Support is available 24/7
Please submit support requests via:
•Portal: support.granicus.com
•Email: support@granicus.com
•Phone: 1-800-314-0147 USA, 0800 032 7764 Europe
Please submit govDelivery Communications Cloud subscriber support only requests to:
•Portal: subscriberhelp.granicus.com
•Email: subscriberhelp@granicus.com
•Phone: 1-800-439-1420 USA, 0808 234 7450 Europe
COMMUNICATION SERVICE LEVEL AGREEMENT
Granicus response to support and service requests will be based on four (4) Severity Levels:
Severity
Level Description Examples Initial Customer
Response Time
Level 1
Emergency. Incident represents
a total outage; the product is
unavailable or not accessible
for use
•govDelivery’s admin.govdelivery.com is down
or all sending is significantly delayed
•govMeetings web server is running but the
application is non-functional or SQL-server
errors that are not related to hardware
•govAccess website is unreachable by public
users
Within one (1) hour
of notification by
the customer of
occurrence
Granicus CMS Agreement 18
AGENDA ITEM #7. d)
Granicus CMS Agreement
Level 2
Severely Impaired. Incident
occurs when a major feature
of the product is not working
and there is no workaround
available, or the workaround is
not acceptable and impacts
the primary usability of the
product
•govDelivery PageWatch sending is delayed by
more than 20-30 minutes, or sudden and
significant deliverability issues or intermittent
errors or low performance issues for some or
many customers
•Site operational but govMeetings modular
functionality is non-operational
•govAccess error, where there is no means of
circumvention, that renders an essential
component of the content management tool
non-functioning that did not occur at the time
of the website launch and usually requires
debugging of programming code
Within four (4)
hours of
notification by the
customer of
occurrence
Granicus CMS Agreement 19
AGENDA ITEM #7. d)
Resolution time will be based on the service or support request and regular follow-ups
will be communicated with the customer on final resolution. Granicus shall use
commercially reasonable efforts to resolve errors affecting non-essential components
of Granicus Solutions, or errors that can be reasonably circumvented but errors that
require debugging of programming code may need to be corrected during the next
regular update cycle.
AVAILABILITY
Availability is defined as the ability of users to access the Granicus Solutions services via
the internet. Granicus represents an up-time guarantee of 99.5% per calendar quarter for
its hosted services. Notifications for Granicus Solutions of any system-wide outages will
occur within one hour from the time the issues are first recognized by Granicus.
Downtime is defined as any time that the Granicus Solutions services are unavailable.
A Site Outage is defined as continuous Downtime, as determined through URL
monitoring (HTTP). Downtime reporting is limited to a Site Outage. Site Outage
monitoring is conducted by Granicus utilizing industry-standard monitoring tools. Reports
of Site Outages will be provided on an as-requested basis up to once per calendar
quarter.
A Site Outage does not include Downtime that falls into one or several of the exclusions
below:
•Scheduled or routine maintenance
•Caused by force majeure (which shall include any circumstances beyond Granicus’s reasonable
control, including but not limited to, acts of God, labor strikes and other labor disturbances,
power surges or failures)
•The first four (4) Site Outages in any given quarter that are corrected within fifteen (15)
minutes of their start
Level 3
Impaired. Incident occurs
when a primary feature of the
product is not working as
expected and an acceptable
workaround is available – does
not impact
the basic usability of the product
• govDelivery system not connecting to social
media, single customer app/feature help, or
database requests
• govMeetings system files won’t upload, or text
not rendering
•govAccess website works but there are
problems with presentation
Within one (1)
business day of
notification by the
customer of
occurrence
Level 4
Low Impact. Incident that has a
limited business impact and
requests can be scheduled.
•Programmatic change to back-end or front-
end to improve efficiency
•Distribution of all patches and upgrades
Within three (3)
business days of
notification of
customer of
occurrence
Granicus CMS Agreement 20
AGENDA ITEM #7. d)
•The first five (5) minutes of any Site Outage is a grace period and will not be considered
Downtime under any circumstances
o Example: a Site Outage of fourteen (14) minutes in duration that is one of the first
four (4) such outages in a given quarter would not result in any Downtime, while a
Site Outage of sixteen (16) minutes would result in eleven (11) minutes of Downtime.
After four (4) Site Outages of between five (5) and fifteen (15) minutes in a quarter,
all Site Outage time over five (5) minutes for any one instance will count as
Downtime.
•For govAccess, Granicus is not responsible for errors associated with denial of service
attacks, distributed denial of service attacks, or customer DNS
Any credit provided under this service level agreement will be referred to as an
Outage Credit. The Outage Credit shall be applied as additional subscription days for
the customer’s affected Granicus Solutions and will be added to the end of the then-
current period of performance and shall be provided upon the customer’s request.
Outage Credit is limited to a Site Outage. In no event shall any credit for a particular
calendar quarter exceed the seven (7) days of Outage Credit. Granicus shall have the
ability to determine at its reasonable discretion whether Downtime has occurred.
Per calendar quarter, Granicus will provide Outage Credit as follows:
Site Outage per Quarter
(Unless Otherwise Specified Below)
Amount of Outage Credit
(Unless Otherwise Specified Below)
99.5% No Outage Credit
99.4% 1 day credit
98% 3 days credit
97% or less 7 days credit
SCHEDULED MAINTENANCE
govDelivery. Scheduled maintenance typically occurs every thirty (30) days with average
Downtime required being less than thirty (30) minutes. Planned or routine maintenance is
limited to two (2) hours per week. Total scheduled Downtime for the year will not typically
exceed twenty (20) hours.
govMeetings. Scheduled maintenance will take place between 11:00 pm – 4:00 am ET
on Fridays. Granicus, will provide the customer with at least two (2) days’ notice for any
scheduled maintenance. All system maintenance will be performed during these times,
Granicus CMS Agreement 21
AGENDA ITEM #7. d)
except for emergency maintenance. In the case that emergency maintenance is
required, the customer will be provided as much advance notice as possible.
Granicus will clearly post that the site is down for maintenance and the expected
duration of the maintenance.
govAccess. Scheduled maintenance will take place between 1:00 am – 4:00 am ET
every Monday.
govService. Planned or routine maintenance is limited to two (2) hours and typically
occurs every two (2) weeks.
All Solutions. Notifications will be posted on status.granicusops.com. Email
notifications for these products can be subscribed to from that page.
HARDWARE REPLACMENT
For hardware issues requiring replacement (where applicable), Granicus shall respond
to the request made by the customer within one (1) business day. Hardware service
repair or replacement will occur within four (4) business days of the request by the
customer, not including the time it takes for the part to ship and travel to the customer.
The customer shall grant Granicus or its representatives access to the equipment for
the purpose of repair or replacement at reasonable times. Granicus will keep the
customer informed regarding the time frame and progress of the repairs or
replacements.
Granicus CMS Agreement 22
AGENDA ITEM #7. d)
Attachment 1 - Master Subscription Agreement
This Master Subscription Agreement (“Agreement) is made and entered into as of the latter
date of the signatures above (the “Effective Date”) by and between City (“Client”) and Granicus,
LLC, a Minnesota Limited Liability Company d/b/a Granicus (“Granicus”). Client and Granicus
may each be referred to herein as “Party” or collectively as “Parties”.
By accessing the Granicus Products and Services, Client accepts this Agreement.
1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms
shall have the meaning specified:
“Agreement Term” means the total time covered by the Initial Term and all Extension Terms
for each Order or SOW under this Agreement, further specified in Section 7.1.
“Extension Term” means any term that increases the length of the Initial Term of this
Agreement or an Order Term of an Order or SOW.
“Granicus Products and Services” means the products and services made available to Client
pursuant to this Agreement, which may include Granicus products and services accessible for
use by Client on a subscription basis (“Software-as-a-Service” or “SaaS”), Granicus
professional services, content from any professional services or other required equipment
components or other required hardware, as specified in each Order or SOW.
“Initial Term” shall have the meaning specified in Exhibit A or Order or SOW between
Granicus and Client for the first duration of performance that Client has access to Granicus
Products and Services.
“Order” means a written order, proposal, or purchase document in which Granicus agrees to
provide and Client agrees to purchase specific Granicus Products and Services. Order Term”
means the then-current duration of performance identified on each Order or SOW, for which
Granicus has committed to provide, and Client has committed to pay for, Granicus Products
and Services.
“Statement of Work” or “SOW” means a written order, proposal, or purchase document that
is signed by both Parties and describes the Granicus Products and Services to be provided
and/or performed by Granicus. Each Order or SOW shall describe the Parties’ performance
obligations and any assumptions or contingencies associated with the implementations of the
Granicus Products and Services, as specified in each Order or SOW placed hereunder.
“Support” means the ongoing support and maintenance services performed by Granicus
related to the Granicus Products and Services as specified in each Order or SOW placed
between the Parties.
2.Ordering and Scope
2.1. Ordering Granicus Products and Services. The Parties may execute one or more
Order or SOW related to the sale and purchase of Granicus Products and Services.
Each Order or SOW will generally include an itemized list of the Granicus Products and
Services as well as the Order Term for such Granicus Products and Services. Each
Granicus CMS Agreement 23
AGENDA ITEM #7. d)
Order or SOW must, generally, be signed by the Parties; although, when a validly-
issued purchase order by Client accompanies the Order or SOW, then the Order or
SOW need not be executed by the Parties. Each Order or SOW shall be governed by
this Agreement regardless of any pre-printed legal terms on each Order or SOW, and
by this reference is incorporated herein.
2.2. Support. Basic support related to standard Granicus Products and Services is included
within the fees paid during the Order Term. Support standards are established for this
agreement in Exhibit B – Service Level Agreement (SLA).
2.3. Future Functionality. Client acknowledges that any purchase hereunder is not
contingent on the delivery of any future functionality or features.
3.Use of Granicus Products and Services and Proprietary Rights
3.1. Granicus Products and Services. The Granicus Products and Services are purchased
by Client as subscriptions during an Order Term specified in each Order or SOW.
Additional Granicus Products and Services may be added during an Order Term as
described in Section 2.1.
3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus
hereby grants during each Order Term, and Client hereby accepts, solely for its
internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use
the Granicus Products and Services to the extent allowed in the relevant Order or
SOW (collectively the “Permitted Use”).
3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought
in from Client sources (interactions with end users and opt-in contact lists). Granicus
certifies that it will not sell, retain, use, or disclose any personal information provided
by Client for any purpose other than the specific purpose of performing the Services
outlined within this Agreement.
3.2.2. Passwords. Passwords are not transferable to any third party. Client is responsible
for keeping all passwords secure and all use of the Granicus Products and Services
accessed through Client’s passwords.
3.2.3. Intentionally Omitted.
3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or
published on Client’s website must be free from violation of or infringement of
copyright, trademark, service mark, patent, trade secret, statutory, common
law or proprietary or intellectual property rights of others. Granicus is not
responsible for content migrated by Client or any third party.
3.2.4. Advertising. The Solution may not be used to promote products or services available
for sale through EBRD or any third party without Granicus’ prior written consent.
3.3. Restrictions. Client shall not:
3.3.1. Misuse any Granicus resources or cause any disruption, including but not
limited to, advertisements, solicitations, or mass mailings to individuals who have not
agreed to be contacted;
3.3.2. Use any process, program, or tool for gaining unauthorized access to the
systems, networks, or accounts of other parties, including but not limited to, other
Granicus Clients;
Granicus CMS Agreement 24
AGENDA ITEM #7. d)
3.3.3. Client must not use the Granicus Products and Services in a manner in which
system or network resources are unreasonably denied to other Granicus clients;
3.3.4.[ Intentionally left blank]
3.3.5. Access or use any portion of Granicus Products and Services, except as
expressly allowed by this Agreement or each Order or SOW placed hereunder;
3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of
the Granicus Products and Services;
3.3.7. Use the Granicus Products and Services for any unlawful purposes;
3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S.
laws or regulations;
3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or
lease the Granicus Products and Services, or any portion thereof, for third party use;
or
3.3.10. Modify, adapt, or use the Granicus Products and Services to develop any
software application intended for resale which uses the Granicus Products and
Services in whole or in part.
3.4. Client Feedback. Client assigns to Granicus any suggestion, enhancement, request,
recommendation, correction or other feedback provided by Client relating to the use
of the Granicus Products and Services. Granicus may use such submissions as it
deems appropriate in its sole discretion.
3.5. Reservation of Rights. Subject to the limited rights expressly granted hereunder,
Granicus and/or its licensors reserve all right, title and interest in the Granicus
Products and Services, the documentation and resulting product including all related
intellectual property rights. Further, no implied licenses are granted to Client. The
Granicus name, the Granicus logo, and the product names associated with the
services are trademarks of Granicus or its suppliers, and no right or license is granted
to use them.
4.Payment
4.1. Fees. (See Agreement Section 4)
4.2. Disputed Invoiced Amounts. Client shall provide Granicus with detailed written
notice of any amount(s) Client reasonably disputes within thirty (30) days of the
date of invoice for said amount(s) at issue. Granicus will not exercise its rights
under 4.1 above if Client has, in good faith, disputed an invoice and is diligently
trying to resolve the dispute. Client’s failure to provide Granicus with notice of any
disputed invoiced amount(s) shall be deemed to be Client’s acceptance of the
content of such invoice.
4.3. Price Increases. [See Agreement Section 4.A]
5.Representations, Warranties and Disclaimers- Reserved.
6. Confidential Information 6.1. Confidential Information.
Granicus CMS Agreement 25
AGENDA ITEM #7. d)
6.2. Exceptions.
6.3. Storage and Sending. In the event that Granicus Products and Services will be used
to store and/or send Confidential Information, Granicus must be notified in writing, in
advance of the storage or sending. Should Client provide such notice, Client must ensure
that Confidential Information or sensitive information is stored behind a secure interface
and that Granicus Products and Services be used only to notify people of updates to the
information that can be accessed after authentication against a secure interface
managed by Client.
7.Term and Termination
7.1. Agreement Term. Reserved
7.2. Effect of Termination. Reserved
7.3. Termination for Cause. Reserved.
7.4. Rights and Obligations After Termination. Reserved.
7.5. Survival. All rights granted hereunder shall terminate upon the latter of the
termination or expiration date of this Agreement, or each Order or SOW. The
provisions of this Agreement with respect to warranties, liability, choice of law
and jurisdiction, and confidentiality shall survive termination of this Agreement
and continue in full force and effect.
8.Limitation of Liability
8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO
CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT,
PUNITIVE (except for Public Records Liability in Paragraph 8 of the Agreement),
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN
CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, IN NO INSTANCE, OTHER THAN WILLFUL MISCONDUCT AND GROSS
NEGLIGENCE, WILL EITHER PARTY'S LIABILITY UNDER THIS AGREEMENT, UNDER
ANY THEORY OF LIABILITY AND REGARDLESS OF THE NATURE OF THE CLAIM,
EXCEED THE GREATER OF TWO MILLION DOLLARS ($2,000,000 USD) OR ACTUAL
MONIES COLLECTED FROM INSURANCE PROCEEDS APPLICABLE TO THE CLAIM.
GRANICUS SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, HOWEVER CAUSED.
9. Indemnification
9.1. Indemnification by Granicus. Granicus will defend Client from and against all
losses, liabilities, damages and expenses arising from any claim or suit by a third
party unaffiliated with either Party to this Agreement (“ Claims”) and shall pay all
losses, damages, liabilities, settlements, judgments, awards, interest, civil
penalties, and reasonable expenses ( collectively, “ Losses,” and including
reasonable attorneys’ fees and court costs), to the extent arising out of any
Claims by any third party that: (i) gross negligence or willful misconduct of the
Granicus CMS Agreement 26
AGENDA ITEM #7. d)
monitoring service provided by Vendor results in a Constitutional first
amendment claim; (ii) such third party or the City suffers injury, injury to property
or wrongful death arising from the gross negligence or wilfull misconduct of
Granicus employees; or ( iii) Granicus Products and Services infringe a valid U.S.
copyright or U.S. patent issued as of the date of the applicable Order or SOW. In
the event of such a Claim, if Granicus determines that an affected Order or SOW
is likely, or if the solution is determined in a final, non-appealable judgment by a
court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent
issued as of the date of the applicable Order or SOW, Granicus will, in its
discretion: (a) replace the affected Granicus Products and Services; ( b) modify
the affected Granicus Products and Services to render it non-infringing; or (c)
terminate this Agreement or the applicable Order or SOW with respect to the
affected solution and refund to Client any prepaid fees for the then-remaining or
unexpired portion of the Order or SOW term. Notwithstanding the foregoing,
Granicus shall have no obligation to indemnify, defend, or hold Client harmless
from any Claim to the extent it is based upon: (i) a modification to any solution by
Client ( or by anyone under Client’s direction or control or using logins or
passwords assigned to Client); ( ii) a modification made by Granicus pursuant to
Client’s required instructions or specifications or in reliance on materials or
information provided by Client; or (iii) Client’s use (or use by anyone under
Client’s direction or control or using logins or passwords assigned to Client) of any
Granicus Products and Services other than in accordance with this Agreement.
This section 9.1 sets forth Client’s sole and exclusive remedy, and Granicus’ entire
liability, for any Claim that the Granicus Products and Services or any other
materials provided by Granicus violate or infringe upon the rights of any third
party.
9.2. Indemnification by Client. Reserved.
9.3. Defense. With regard to any Claim subject to indemnification pursuant to this
Section 9: ( a) the Party seeking indemnification shall promptly notify the
indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party
shall promptly assume sole defense and control of such Claim upon becoming
aware thereof; and (c) the indemnified Party shall reasonably cooperate with the
indemnifying Party regarding such Claim. Nevertheless, the indemnified Party
may reasonably participate in such defense, at its expense, with counsel of its
choice, but shall not settle any such Claim without the indemnifying Party’s prior
written consent. The indemnifying Party shall not settle or compromise any Claim
in any manner that imposes any obligations upon the indemnified Party without
the prior written consent of the indemnified Party.
10.Publicity. Notwithstanding any other terms to the contrary contained herein, Client may
grant Granicus the right to use Client’s name and logo in advertising and publicity
collateral, including client lists, upon Client’s prior written consent.
Granicus CMS Agreement 27
AGENDA ITEM #7. d)
AB - 3493
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: May Creek Trail South: King County Capital Project Grant Agreement
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Parks & Recreation Department - PPNR
STAFF CONTACT: Jason Lederer, Parks Planning Manager
EXT.: 6547
FISCAL IMPACT SUMMARY:
The King County Parks Capital and Open Space Program - Capital Project Grant administered by King County
will generate $800,000 in grant revenue to be applied towards project construction costs. No matching funds
are required for this grant agreement. The balance of the estimated necessary project construction funding is
allocated in fund 316.332074.020.594.76.63.00 MAY CREEK TRAIL SOUTH, which includes Park Impact Fees
and King County Park Levy 2020-2025 funding.
SUMMARY OF ACTION:
The May Creek Trail South project will construct a trail and trail bridge on the South side of May Creek
between Lake Washington Blvd and I-405, sidewalk improvements along Lake Washington Blvd, and will
remove invasive species and improve the riparian habitat on the property. The trail connection is priority #3 in
the 2020 Parks, Recreation and Natural Areas Plan, is identified in the 2019 Trails and Bicycle Master Plan, and
advances regional efforts to enhance and connect regional open space, natural lands, and trails across Renton,
Newcastle and King County along the May Creek Greenway corridor between Lake Washington and Cougar
Mountain Regional Wildland Park. This trail connection also directly aligns with top community priorities
identified in the 2023 Resident Survey by; 1) promoting a healthy community that is walkable, and 2)
balancing development with environmental protection. The project is currently at 60% design and anticipated
to be bid for construction during mid-2024.
EXHIBITS:
A. Grant Agreement
B. May Creek Trail South Map
STAFF RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the Capital Project Grant Agreement with King County.
Adjust the budget to reflect the grant funding.
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
PARKS CAPITAL AND OPEN SPACE PROGRAM
CAPITAL PROJECT GRANT AGREEMENT
Department/Division: Natural Resources and Parks / Parks and Recreation
Grant Recipient: City of Renton
Project: May Creek Trail South
Award Amount: $800,000 Project#: 1144509 Contract#: 6416658
Term Period: To 11/30/2026
THIS AGREEMENT is a grant agreement entered into between City of Renton (the “Grant
Recipient”) and King County (the “County”) (referred to individually as a “Party” and
collectively the “Parties”) for an active recreation, passive recreation, local trail, or other capital
project in a park or recreational facility using a Parks Capital and Open Space Program grant.
RECITALS
A. Ordinance 18890, which took effect May 13, 2019, called for a special election to
authorize the King County parks, recreation trails, and open space levy. On August 6,
2019, King County voters approved the levy, which included funding for capital projects
for active and passive recreation, local trails, or capital projects in parks and recreation
facilities in order to construct new and improve existing recreation facilities to address
the pressures of rapid growth in King County.
B. Motion 15378, Section A.1., and Attachment A, further delineated the use of levy funds
for the Parks Capital and Open Space Grants Program and the guidelines governing that
use.
C. Ordinance 19166, Attachment A established the grant award criteria and the process for
the distribution of Parks Capital and Open Space Grants as well as the proposed
composition of an advisory committee to review and make recommendations on the grant
awards.
D. King County, a home rule charter county and political subdivision of the State of
Washington, is authorized to administer the Parks Capital and Open Space Grant
Program and enter into agreements for the use of the grant funds with King County
towns, cities, or metropolitan parks districts for capital projects for active and passive
recreation, local trails, or capital projects in parks and recreation facilities.
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
E. Grant Recipient is a(n) City or Town in King County.
F. The Parks Capital and Open Space Grant Program Advisory Committee (“Advisory
Committee”) has recommended an allocation of levy grant funds to specific projects,
pursuant to Ordinance 19666.
G. King County has selected Grant Recipient to receive a Parks Capital and
Open Space Grant award in the amount of $800,000 (“Grant Award
Funds”) in order to construct, improve, or repair the Project described
below and in the attached exhibits.
NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS
1. DEFINITIONS
1.1 Project.
The term “Project” means the design, development, and construction of the Facility
described in Exhibit A. Grant Award Funds available pursuant to this Agreement may
only be used for the Project. To complete the Project, Grant Recipient shall use the Grant
Award Funds to design, develop, and construct the Facility, as set forth in Exhibit B,
consistent with the requirements set forth in this Agreement and in the following attached
exhibits, which are incorporated herein by reference:
Map of Facility and/or Schematic Attached hereto as Exhibit A
Scope of Work Attached hereto as Exhibit B
Project Budget Attached hereto as Exhibit C
Insurance Requirements Attached hereto as Exhibit D
Certificate of Insurance and Endorsements Attached hereto as Exhibit E
Notice of Grant (draft) Attached hereto as Exhibit F
Cultural Resource Preservation Requirements Attached hereto as Exhibit G
1.2 Map of Facility and/or Schematic. This Agreement applies to the Project to improve
the park and recreational facility (“Facility”) which is located at:
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
• 4260 Lake Washington Blvd N Renton, WA, 98056
• 4200 Lake Washington Blvd N, Renton, WA, 98056
• Parcel Numbers: 3224059109, 3224059081
See Exhibit A for a visual depiction of the Facility via a map and/or schematic (including
boundaries) for the physical address noted above.
1.3 Scope of Work. Grant Recipient shall provide a scope of work (“Scope of Work”),
attached hereto as Exhibit B, which describes the Project in detail and includes a
description of the various design, development, permitting, and construction
milestones required for completion of the Project and intended use of the Grant
Award Funds. Grant Recipient shall apply the funds received from the County for
the Project under this Agreement in accordance with the Scope of Work, attached
hereto as Exhibit B.
1.4 Project Budget. Grant Recipient shall work with King County to develop a Project
Budget (“Project Budget”), attached hereto as Exhibit C. King County shall
provide the Grant Award Funds to the Grant Recipient to pay for costs and
expenditures related to the Project, as set forth in Exhibits B and C. Grant Award
Funds provided to Grant Recipient may only be used to pay for costs and
expenditures related to the Project, as set forth in Exhibits B and C.
1.5 Contractor. “Contractor” shall include any contractor or consultant hired by Grant
Recipient, including any of the contractor’s or consultant’s subcontractors or
subconsultants.
2. EFFECTIVE DATE
The Agreement shall be effective upon signature by both Parties (“Effective Date”).
3. TERM
The term (“Term”) of this Agreement shall begin on the Effective Date and end on
11/30/2026. This Agreement shall remain in effect until such time as it is amended in
writing or terminated as provided herein.
4. AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the
Parties. Either party may request changes to this Agreement, however, changes that deviate
substantially from the proposal submitted to and approved by the Advisory Committee and
the King County Council will need to be approved by those entities.
5. NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses first set forth below via electronic mail.
KING COUNTY City of Renton
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
Parks Grant Manager Jason Lederer
Community Investments Unit Parks Planning Manager
King County Parks City of Renton
201 S Jackson Street
Suite #5702 1055 S. Grady Way
Seattle, WA 98104 Renton, WA 98057
(206) 263-8769 206-532-4562
asleano@kingcounty.gov jlederer@rentonwa.gov
*NOTE: Personal contact information for your assigned grant manager is available
in the grant management system
Either Party hereto may, at any time, by giving ten (10) days written notice to the other
Party, to designate any other address in substitution of the foregoing address to which
such notice or communication shall be given.
6. DISBURSEMENT OF GRANT FUNDS
6.1 The County may authorize, at County’s sole discretion, release of a portion of the
Grant Award Funds to Grant Recipient, upon execution of this Agreement, and
receipt of Grant Recipient’s County-approved completed Scope of Work and
Project Budget (see Section 1 and Exhibits B and C).
6.2 The County shall initiate authorization for payment and disbursement of Grant
Award Funds after approval of sufficiently detailed Project-related invoices
submitted by Grant Recipient. The County shall make payment to Grant Recipient
not more than thirty (30) days after a complete and accurate invoice and any other
required documentation is received and approved.
6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit B) and
Project Budget (Exhibit C), no later than thirty (30) days after the Contract End
Date. If the Grant Recipient’s final invoice, supporting documentation, and
reports are not submitted by the day specified in this subsection, or if such final
documents are not approved by the County then the County shall have no
obligation to pay Grant Recipient unless and until Grant Recipient submits, and
the County approves, a properly completed invoice. Grant Recipient must submit
a corrected invoice within 30 days after receiving notice of an improper or
incomplete invoice.
7. GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement and accrued interest
therefrom must accounted for separately from all other Grant Recipient accounts and
moneys. Until the Project is completed, and all proceeds provided pursuant to this
Agreement have been expended, the Grant Recipient shall provide reports to the King
County Project Manager on a schedule determined by the County.
8. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
and C of this Agreement. If Grant Recipient cannot complete the Project, as specified by
the Scope of Work and deliverables set forth in Exhibit B, the County shall be released
from any obligation to fund the Project, and the County in its sole discretion may
reallocate such funds for other projects in other jurisdictions in accordance with
Ordinance 19166 and Motion 15378.
Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds
for a purpose other than completion of the Project as approved by the Advisory
Committee and King County Council.
9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Grant Recipient shall recognize County as a “grant sponsor” for the Project in the
following manner:
9.1 Events: Grant Recipient shall invite and recognize “King County Parks” at all
events promoting the Project, and at the final Project dedication.
9.2 Community Relations: Grant Recipient shall recognize “King County Parks” as a
“grant sponsor” in all social media, websites, brochures, banners, posters, press
releases, and other promotional material related to the Project.
9.3 King County Parks Notification: Grant Recipient shall notify the King County
Parks Grant Manager thirty (30) days prior to any major milestone, such as a
groundbreaking or opening dates.
9.4 King County Council Notification: If Grant Recipient is a city or town,
notification to the King County Council thirty (30) days prior to any major
milestone, such as a groundbreaking or opening dates is, required.
9.5 Signage: Grant Recipient shall recognize “King County Parks” on any signage as
a funder/contributor of project/facility. Grant Recipient is required to use
appropriate King County logo on any signage and communications.
10. DISPOSITION OF REMAINING GRANT AWARD FUNDS
If Grant Recipient does not expend all proceeds obligated to be provided through this
Agreement, such proceeds, if held by Grant Recipient, shall be refunded to the County. For
purposes of this section, “proceeds” shall include all Grant Award Funds obligated to be
provided by the County plus interest accrued by Grant Recipient on the grant funds. Any
proceeds in excess of those required to be provided by the County for the actual costs of
the Project shall remain with the County for use in its sole discretion.
11. PUBLIC ACCESS
The Grant Award is provided to Grant Recipient for the Project for the purpose of land
protection and recreation for the citizens of King County. Therefore, Grant Recipient and
any successor in interest agree to maintain the Facility for public use as required by
Ordinances 18890 and 19166, and the Parks Capital and Open Space Grant program
requirements specified in Motion 15378. The Facility shall be open and accessible to the
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
public at reasonable hours and times. Grant Recipient shall notify the public of the
availability of use by posting and updating that information on its website and by
maintaining at entrances and/or other locations openly visible signs with such
information. Fees for use of the Facility shall be no greater than those generally charged
by public operators of similar facilities in King County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for public use is thirty
(30) years. If the Facility is retired or otherwise removed from use before the end of the
thirty-year period, then the Grant Recipient shall reimburse the Grant Award Funds to
King County. Grant Recipient’s duties under this Section 11 will survive the
expiration or earlier termination of this Agreement.
12. NOTICE OF GRANT
Upon completion of construction of the Facility, a completed Notice of Grant will be
provided by King County for execution, a sample of which is attached hereto as Exhibit
F. Upon final execution of the Notice of Grant, Grant Recipient and/or the legal property
owner must record a copy with the appropriate county offices.
13. CONSTRUCTION OF THE FACILITY
13.1 Capital Improvements.
Grant Recipient shall design, develop, and construct mutually agreed upon
Facility, features, and amenities in accordance with all applicable design(s),
timelines, restrictions, environmental considerations, permitting determinations,
neighborhood impact mitigations, and all other requirements. All contracted work
by Grant Recipient, its agents, representatives, or subcontractors, shall be bonded
and properly insured to ensure the complete and safe design and construction of
all facilities, features, and amenities. As between Grant Recipient and King
County, Grant Recipient will be solely responsible to comply with all applicable
authorities and to obtain all necessary permits, approvals, and endorsements for
the Project.
13.2 Warranties.
With respect to all warranties, express or implied, for work performed or
materials supplied in connection with the Project, Grant Recipient shall:
• Obtain all warranties, express or implied, that would be given in normal
commercial practice from suppliers, manufacturers, contractors, or installers;
• Require all warranties be executed, in writing; and
• Be responsible to enforce any warranty of a contractor, subcontractor,
manufacturer, or supplier.
If, within an applicable warranty period, any part of the Facility or work
performed to construct the Facility is found not to conform to specifications,
permit requirements, or industry standard, Grant Recipient shall correct it correct
it within a reasonable timeframe at the determination of King County.
13.3 Right to Inspect- Construction.
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
King County personnel or agents may inspect the construction project at any time
provided that such persons observe due regard for workplace safety and security.
King County may require Grant Recipient or its contractors to stop work if King
County deems work stoppage necessary to remedy construction defects or to
address risks to health, safety, or welfare. Grant Recipient specifically
understands, acknowledges, and agrees that at a minimum, King County will
inspect the Facility construction project before final completion of the Project.
13.4 Design.
Grant Recipient has retained a licensed architect and/or licensed professional
engineer, registered in the State of Washington, who will prepare a Project design
for the Facility and exterior landscaping, which visually blends with the setting.
King County shall review the design plans for the Project in concept and reserves
the right to approve the final design of the Project, consistent with established
zoning, design code, or both.
13.5 Construction Site/Work Fencing.
Grant Recipient will be solely responsible for the site work, required permits, and
grading for the Project. Grant Recipient will ensure the work area is properly
barricaded, and that signage is installed, directing unauthorized persons not to
enter onto the construction site during any phase of development or construction.
Unless otherwise agreed by the Parties in writing, fencing will be placed around
work areas. In addition, construction areas will be kept clean and organized
during development periods. Grant Recipient will be responsible for site security,
traffic, and pedestrian warnings at the site during the development and
construction phases.
13.6 Alteration of Site or Facility after Construction.
For thirty (30) years after the Facility is completed and accepted by Grant
Recipient and King County as defined herein, Grant Recipient will not make any
material alteration outside of ordinary maintenance to the Facility without the
express, written consent by King County.
13.7 Development and Construction Fees and Expenses.
Grant Recipient will be responsible to obtain and pay for all necessary permits,
fees, and expenses associated with the Project.
13.8 Public Works Laws.
To the extent applicable, Grant Recipient will comply with all public works laws,
regulations, and ordinances, including but not limited to those related to
prevailing wages (see RCW 39.12), retainage (see RCW 60.28), bonding (see
RCW 39.08), use of licensed contractors (see RCW 39.06), and competitive
bidding (see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify
and defend King County should it be sued or made the subject of an
administrative investigation or hearing for a violation of such laws, regulations,
and ordinances in connection with the improvements.
13.9 Contractor Indemnification and Hold Harmless.
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Grant Recipient will require its construction contractors and subcontractors to
defend, indemnify, and hold King County, its officers, officials, employees, and
volunteers harmless from any and all claims, injuries, damages, losses, or suits
including attorney's fees and costs, arising out of or in connection with the design,
development, and construction of the Facility except for injuries and damages
caused by the sole negligence of King County.
13.10 Minimum Scope and Limits of Insurance.
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit D – Insurance
Requirements and as evidenced in Exhibit E – Certificate of Insurance and
Endorsements.
14. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Grant Recipient shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised
Code of Washington (RCW) Chapter 40.14.
15. MAINTENANCE OF RECORDS
15.1 Grant Recipient shall maintain accounts and records, including personnel, property,
financial, Project records, including Agreement deliverables, and other such
records as may be deemed necessary by the County to ensure proper accounting for
all Grant Award Funds and compliance with this Agreement.
15.2 These records shall be maintained for a period of six (6) years after the expiration
or earlier termination of this Agreement unless permission to destroy them is
granted by the Office of the Archivist in accordance with (RCW) Chapter 40.14.
15.3 Grant Recipient shall inform the County in writing of the location, if different from
the Grant Recipient address listed in Section 5 of this Agreement of the aforesaid
books, records, documents, and other evidence and shall notify the County in
writing of any changes in location within ten (10) working days of any such
relocation.
16. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Grant Recipient
with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant
Recipient’s records regarding this Agreement and the Project upon seventy-two (72) hours’
notice during normal business hours.
17. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Grant Recipient shall comply with all applicable laws, ordinances and regulations in
using funds provided by the County, including, without limitation, those relating to
providing a safe working environment to employees and, specifically, the requirements of
the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable,
those related to “public works,” payment of prevailing wages, and competitive bidding of
contracts. The Grant Recipient specifically agrees to comply and pay all costs associated
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with achieving such compliance without notice from King County; and further agrees that
King County, does not waive this Section by giving notice of demand for compliance in
any instance. The Grant Recipient shall indemnify and defend the County should it be
sued or made the subject of an administrative investigation or hearing for a violation of
such laws related to this Agreement.
18. CORRECTIVE ACTION
18.1 If the County determines that a breach of contract has occurred or does not
approve of the Grant Recipient’s performance, it will give the Grant Recipient
written notification of unacceptable performance. Grant Recipient will then take
corrective action within a reasonable period of time, as may be defined by King
County in its sole discretion in its written notification to Grant Recipient.
18.2 King County may withhold any payment owed Grant Recipient until the County
is satisfied that corrective action has been taken or completed.
19. TERMINATION
19.1 King County may terminate this Agreement in whole or in part, with or without
cause, at any time during the Term of this Agreement, by providing Grant
Recipient ten (10) days advance written notice of the termination.
19.2 If the termination results from acts or omissions of Grant Recipient, including but
not limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the County immediately any
funds, misappropriated or unexpended, which have been paid to Grant Recipient
by the County.
19.3 Any King County obligations under this Agreement beyond the current
appropriation biennium are conditioned upon the County Council's appropriation
of sufficient funds to support such obligations. If the Council does not approve
such appropriation, then this Agreement will terminate automatically at the close
of the current appropriation biennium.
19.4 The Agreement will be terminated if the Grant Recipient is unable or unwilling to
expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or
upon reimbursement by the Grant Recipient to the County of all unexpended
proceeds provided by the County pursuant to this Agreement and payment of all
amounts due pursuant to Section 6.
20. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted for herein except as
expressly set forth in this Agreement. Grant Recipient understands, acknowledges, and
agrees that the County shall not be liable to pay for or to provide any utilities or services
in connection with the Project contemplated herein.
21. HOLD HARMLESS AND INDEMNIFICATION
Grant Recipient shall protect, indemnify, and save harmless the County, its officers,
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officials, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) Grant Recipient’s failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies
performed or provided by Grant Recipient’s employees or other suppliers in connection
with or support of the performance of this Agreement.
Grant Recipient further agrees that it is financially responsible for and will repay the
County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of this
Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
subcontractors. This duty to repay the County shall not be diminished or extinguished by
the expiration or prior termination of the Agreement.
Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and
hold harmless King County, its appointed and elected officials, and employees from and
against liability for all claims, demands, suits, and judgments, including costs of defense
thereof, for injury to persons, death, or property damage which is caused by, arises out of,
or is incidental to any use of or occurrence on the Project that is the subject of this
Agreement, or Grant Recipient’s exercise of rights and privileges granted by this
Agreement, except to the extent of the County's sole negligence. Grant Recipient’s
obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at
the Grant Recipient’s own expense;
B. Indemnification of claims made by Grant Recipient’s employees or agents; and
C. Waiver of Grant Recipient’s immunity under the industrial insurance provisions of
Title 51 RCW, but only to the extent necessary to indemnify King County, which
waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses, or other
costs to enforce the provisions of this Section, all such fees, expenses, and costs shall be
recoverable from the Grant Recipient.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials,
employees, and agents from any and all claims, demands, suits, penalties, losses damages
judgments, or costs of any kind whatsoever for bodily injury to persons or damage to
property (hereinafter "claims"), arising out of or in any way resulting from the Grant
Recipient’s officers, employees, agents and/or subcontractors of all tiers, acts or
omissions, performance of failure to perform the rights and privileges granted under this
Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as
now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be
included in all Agreements or subcontractor Agreements entered into by Grant Recipient
in conjunction with this Agreement. Grant Recipient’s duties under this Section 21
will survive the expiration or earlier termination of this Agreement.
22. NONDISCRIMINATION
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King County Code (“KCC”) chapters 12.16 through 12.19 apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring or employment
made possible or resulting from this Agreement, there shall be no discrimination against
any employee or applicant for employment because of sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression, or age except minimum age and retirement provisions, unless based upon a
bona fide occupational qualification.
23. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
24. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and Grant Recipient, Grant Recipient shall be responsible to
operate and maintain the completed Project at its own sole expense and risk. Grant
Recipient shall maintain the completed Project in good working condition consistent
with applicable standards and guidelines. Grant Recipient understands, acknowledges,
and agrees that the County is not responsible to operate or to maintain the Project in
any way.
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment and
materials purchased with Grant Award Funds.
Grant Recipient’s duties under this Section 24 shall survive the expiration of this
Agreement.
25. CULTURAL RESOURCES
Grant Recipient agrees to coordinate cultural resource review of the Project with the King
County Historic Preservation Program (“HPP”) in order to determine potential effects to
cultural resources and any necessary mitigation. Grant Recipient further agrees to
perform the steps outlined by the HPP for any necessary cultural resource preservation as
specified in Exhibit G.
26. ASSIGNMENT
Grant Recipient shall not assign any portion of rights and obligations under this
Agreement or transfer or assign any claim arising pursuant to this Agreement without the
written consent of the County. Grant Recipient must seek such consent in writing not less
than thirty (30) days prior to the date of any proposed assignment.
27. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
AGENDA ITEM #7. e)
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shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
28. TAXES
Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be
deemed to be in default as long as it will, in good faith, be contesting the validity or amount
of any such taxes.
29. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions
pertaining to this Agreement will be brought in King County Superior Court, King County,
Washington.
30. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection
and copying by the public.
31. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, County and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
duty or obligation in any person or entity not a party to it.
32. PERMITS AND LICENSES
Grant Recipient shall develop and run the Project in accordance with all applicable laws
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Grant Recipient at its sole expense and liability. Grant Recipient shall, at its
sole cost and expense, apply for, obtain and comply with all necessary permits, licenses
and approvals required for the Project.
33. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient.
34. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and Grant Recipient and supersedes all other agreements and understandings
between them, whether written, oral or otherwise.
35. COUNTERPARTS; ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. The Parties acknowledge and agree that this document may be executed by
AGENDA ITEM #7. e)
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electronic signature, which shall be considered as an original signature for all purposes
and shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have the
authority to enter into this Agreement on behalf of the Party for which that individual signs. The
Parties hereto have executed this Agreement on the dates set forth below.
City of Renton King County
By By
Title Title
Date Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
<Enter City Attorney Name >
<Enter City Attorney Title>
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South
EXHIBIT A – MAP OF FACILITY AND/OR SCHEMATIC
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South
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EXHIBIT B – SCOPE OF WORK
Project Summary
The City of Renton will construct a new pedestrian trail and bridge along a segment of the May
Creek Greenway. The trail will pass through a conserved riparian habitat, include interpretive
signage and seating that will connect with existing and planned trails serving communities near
Renton and Newcastle.
Deliverables
Progress Reports
Final Report
Completed Design/Plan
Notice of Grant
Cultural Resource Requirement
Timeline
Complete all permitting May 2024
Construction Begins July 2024
Complete Construction October 2025
Grand opening October 2025
The Grantee shall not make any significant changes to an approved project without prior written
consent of the County. Significant changes include, but are not limited to, a change to the
timeline that falls outside the contract period or a shift of more than twenty percent of funds
within the approved grant budget over the term of this Exhibit. If changes are necessary and
approved by the County, such changes will be formalized in a written amendment signed by all
parties.
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EXHIBIT C – PROJECT BUDGET
Construction Costs $800,000
Indirect Costs $0
Planning Costs $0
Personnel Costs $0
Total $800,000
Grant Budget Changes
With written approval from the County, the Grantee may reallocate grant funds across budget
line items within twenty percent of the total grant budget without requiring an official contract
amendment. Indirect costs shall not exceed twenty percent of direct costs.
Budget Line Items Descriptions
Construction Costs include but are not limited to installation and materials.
Indirect Costs include expenses of doing business that are not readily identified with a particular
grant, contract, project, function, or activity, but are necessary for the general operation of the
organization or the performance of the organization’s activities.
Planning Costs include but are not limited to planning, design, consultant fees, and permits.
Personnel Costs include but are not limited to staff pay and benefits.
AGENDA ITEM #7. e)
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EXHIBIT D – INSURANCE REQUIREMENTS
1. Insurance Requirements
1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as
otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set
forth below. By requiring such minimum insurance, the County does not and shall not
be deemed or construed to have assessed the risks that may be applicable to Grant
Recipient, or any Contractor under this Agreement, or in any way limit the County’s
potential recovery to insurance limits required hereunder. To the contrary, this
Agreement’s insurance requirements may not in any way be construed as limiting any
potential liability to the County or the County’s potential recovery from Grant Recipient.
Grant Recipient and any Contractor shall assess their own risks and if they deem
appropriate and/or prudent, maintain greater limits and/or broader coverage.
1.2. Each insurance policy shall be written on an “occurrence” basis, except insurance for
Pollution Liability, which may be written on a “claims made” basis.
If coverage is approved and purchased on a “claims made” basis, the coverage provided
under that insurance shall be maintained through: (i) consecutive policy renewals for not
less than three (3) years from the date of completion of the Project which is subject of
this Agreement or, if such renewals are unavailable, (ii) the purchase of a tail/extended
reporting period for not less than three (3) years from the date of completion of the
Project which is the subject of this Agreement.
2. Evidence and Cancellation of Insurance
2.1. Prior to contract execution and upon request by the County, Grant Recipient shall
furnish the County certificates of insurance and endorsements certifying the issuance of
all insurance required by this Agreement which is to be maintained for the entire term of
the Agreement or as otherwise stated in this Exhibit. All evidence of insurance shall be
signed by a properly authorized officer, agent, general agent, or qualified representative
to the insurer(s), shall certify the name of the insured(s), the type and amount of
insurance, the location and operations to which the insurance applies, the inception and
expiration dates, shall specify the form numbers of any endorsements issued to satisfy
this Agreement’s insurance requirements, and shall state that the County shall receive
notice at least thirty (30) days prior to the effective date of any cancellation, lapse, or
material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson
Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may
be emailed to: ParksGrants@kingcounty.gov.
2.2. The County reserves the right to require complete, certified copies of all required
insurance policies, including all endorsements and riders, which may be redacted of any
confidential or proprietary information. Grant Recipient shall deliver such policies to
the County within five (5) business days of County’s request.
AGENDA ITEM #7. e)
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3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance
limits:
3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury, and property damage.
Coverage shall be at least as broad as that afforded under ISO form number CG 00
01. Such insurance shall include coverage for, but not limited to, premises liability,
ongoing operations, products and completed operations, and contractual liability.
Limits may be satisfied by a single primary policy or by a combination of separate
primary and umbrella or excess liability policies, provided that coverage under the
latter shall be at least as broad as that afforded under the primary policy and satisfy
all other requirements applicable to liability insurance including, but not limited to,
additional insured status for the County.
3.1.2. Automobile Liability: Grant Recipient and/or its Contractor(s) will maintain
Automobile Liability insurance with a minimum $1,000,000 combined single limit
per accident for bodily injury and property damage. Coverage shall be at least as
broad as that afforded under ISO form number CA 00 01 covering BUSINESS
AUTO COVERAGE, symbol 1 “any auto”; or the combination of symbols 2, 8,
and 9. Limit may be satisfied by a single primary policy or by a combination of
separate primary and umbrella or excess liability policies, provided that coverage
under the latter shall be at least as broad as that afforded under the primary policy.
3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees,
then Workers Compensation coverage shall be maintained as required by the
Industrial Insurance Act of the State of Washington, as well as any similar coverage
required for this Project by applicable Federal or “Other States” State Law.
3.1.4. Employers Liability or “Stop Gap” coverage: If Grant Recipient or its
Contractor(s) have employees, then Employers Liability or “Stop Gap” coverage
shall be maintained with a minimum limit of $1,000,000 each occurrence and shall
be at least as broad as the protection provided by the Workers Compensation policy
Part 2 (Employers Liability), or, in monopolistic states including but not limited to
Washington, the protection provided by the “Stop Gap” endorsement to the
commercial general liability policy.
3.1.5. Builder’s Risk / Installation Floater Insurance. If construction activities will be
funded by the Grant, Grant Recipient or its Contractor(s) shall procure and maintain,
prior to and for the duration of the construction phase of the Project, “All Risk”
Builder’s Risk insurance or Installation Floater insurance at least as broad as ISO
form number CP0020 (Builder’s Risk Coverage Form) with ISO form number
CP0020 (Causes of Loss – Special Form). The coverage shall insure for direct
physical loss to property of the Project for 100% of the replacement value. The
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policy shall be endorsed to cover the interests, as they may appear, of King County,
Grant Recipient, and Contractor(s) of all tiers. In the event of a loss to any or all of
the work and/or materials therein and/or to be provided at any time, Grant Recipient
or its Contractor(s) shall promptly reconstruct, repair, replace, or restore all work
and/or materials so destroyed. Policy shall include a waiver of subrogation in favor
of King County.
3.1.6. Pollution Liability: If geotechnical work will take place, Grant Recipient or its
Contractor(s) shall provide Pollution Liability coverage with minimum limits of
$1,000,000 per occurrence and in the aggregate to cover sudden and non-sudden
bodily injury and/or property damage to include the destruction of tangible property,
loss of use, clean-up costs, and the loss of use of tangible property that has not been
physically injured or destroyed.
3.1.7. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement,
Fiscal Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a
minimum limit equal to the grant amount. Coverage shall include ‘Join Loss
Payable’ ISO form CR 20 15 10/10 or substantive equivalent and ‘Provide Required
Notice of Cancellation to Another Entity’ ISO form CR 20 17 10/10.
4. Other Insurance Provisions and Requirements
4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor
required in this Agreement shall contain, or be endorsed to contain the following
provisions:
4.1.1. With respect to all liability policies except Professional Liability (Errors and
Omissions) and Workers Compensation:
4.1.1.1. King County, its officials, employees, and agents shall be covered as
additional insured for full coverage and policy limits as respects liability
arising out of activities performed by or on behalf of the Grant Recipient, its
agents, representatives, employees, or Contractor(s) in connection with this
Agreement. Additional Insured status shall include products-completed
operations CG 20 100 11/85 or its substantive equivalent. The County requires
the endorsement(s) to complete the Agreement.
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its officials,
employees, and agents. Any insurance and/or self-insurance maintained by the
County, its officials, employees, or agents shall not contribute with any of
Grant Recipient’s or Contractor(s)’s insurance or benefit the Grant Recipient,
or any Contractor, or their respective insurers in any way.
4.1.2.2. Insurance shall expressly state that it applies separately to each insured
and additional insured against whom a claim is made and/or lawsuit is brought,
except with respect to the limits of insurer’s liability.
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5. Waiver of Subrogation
5.1. Grant Recipient, its Contractor(s), and their respective insurance carriers release and
waive all rights of subrogation against King County, its officials, agents, and employees
for damages caused by fire or other perils which can be insured by a property insurance
policy. This provision shall be valid and enforceable only to the extent permissible by
the applicable property insurance policies.
6. Deductibles/Self-Insured Retentions
6.1. Any deductible and/or self-insured retention of the policies shall in all instances be the
sole responsibility of Grant Recipient or its Contractor, even if no claim has been made
or asserted against them.
7. Acceptability of Insurers
7.1. Unless otherwise approved by the County, insurance is to be placed with insurers with
an A.M. Best rating of no less than A:VIII.
8. Self-Insurance
8.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient
may maintain a fully funded self-insurance program or participate in an insurance pool
for the protection and handling of its liabilities including injuries to persons and damage
to property. Further, if Grant Recipient maintains a self-insurance program or
participates in an insurance pool, the additional insured requirement shall not apply to
the coverage provided by the self-insured program or insurance pool.
9. Contractors
9.1. Grant Recipient shall include all Contractors as insureds under its policies or,
alternatively, Grant Recipient must require each of its Contractors to procure and
maintain appropriate and reasonable insurance coverage and insurance limits to cover
each of the Contractor’s liabilities given the scope of work and services being provided
herein. Contractor(s) must include the County, its officials, agents and employees as
additional insured for full coverage and policy limits on its Commercial General
Liability insurance and, if applicable, its Automobile Liability insurance. Upon request
by the County, and within five (5) business days, Grant Recipient must provide evidence
of each Contractor(s) insurance coverage, including endorsements.
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EXHIBIT E – CERTIFICATE OF INSURANCE AND ENDORSEMENTS
AGENDA ITEM #7. e)
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EXHIBIT F – NOTICE OF GRANT
Upon Recording Return To:
King County
Department of Natural Resources and Parks
Parks and Recreation Division
201 S Jackson Street, KSC-NR-5702
Seattle, WA 98104-3855
Document Title:
Reference No. of Related Document:
Legal Description:
Assessor's Parcel No.:
NOTICE OF GRANT
This Notice of Grant is effective as of the ___ day of __________, 202_, and is made and
executed by the Parks Capital & Open Space Levy grant recipient, City of Renton, and King
County (the “County”), a political subdivision of the State of Washington.
________ is/are the owner(s) (the “Property Owner”) of the property(ies) in King County, State
of Washington (the “Property”), legally described and attached hereto in Exhibit F-1.
Pursuant to a Parks Capital & Open Space Levy Grant Agreement, between the King County
and City of Renton, dated__________ (“Grant Agreement”), attached hereto as Exhibit F-2,
City of Renton constructed a Facility Improvement “Facility” on the Property for the purpose of
providing recreation for the public. A map of the Property and Facility is attached hereto as
Exhibit F-3.
The City of Renton hereby agrees to be bound by the terms of the Grant Agreement including the
obligation to ensure public access to the Facility.
IN WITNESS WHEREOF, City of Renton and King County have executed this Notice of Grant
on the date set forth above.
City of Renton
KING COUNTY
By: _____________________________
By: _____________________________
Name: ____________________________ Name: ____________________________
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
PROPERTY OWNER
By: _____________________________
Name: ____________________________
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the ____________________ of
the City of Renton to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Dated: ___________________
________________________________
NOTARY PUBLIC
Print Name: _____________________
My Commission Expires: ___________
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the ____________________ of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: ___________________
________________________________
NOTARY PUBLIC
Print Name: _____________________
My Commission Expires: ___________
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________ is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as the ____________________ of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated: ___________________
________________________________
NOTARY PUBLIC
Print Name: _____________________
My Commission Expires: ___________
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
NOTICE OF GRANT EXHIBIT F-1 – LEGAL DESCRIPTION
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
NOTICE OF GRANT EXHIBIT F-2 – GRANT AGREEMENT
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
NOTICE OF GRANT EXHIBIT F-3 – PROPERTY AND FACILITY MAP
AGENDA ITEM #7. e)
City of Renton – May Creek Trail South – 6416658
Task - 1.29
EXHIBIT G – CULTURAL RESOURCE PRESERVATION REQUIREMENTS
The Grant Recipient shall retain a qualified professional archaeologist to survey all parts
of the project area where ground disturbance will occur. The archaeologist shall
complete a survey report that meets the Washington Department of Archaeology and
Historic Preservation's reporting standards, create a new project in WISAARD (as
needed), upload the report, and add the King County Historic Preservation Program as an
Organization with Editor access in the project. The survey report shall include 1) a USGS
topographic map and an aerial photograph showing shovel probe locations and 2) detailed
stratigraphic information for the surveyed area. The archaeologist shall notify the
Affected Indian Tribes of their field schedule so that the Tribes can send staff to observe
the field work. The archaeologist may contact the King County Historic Preservation
Program's Archaeologist, Philippe LeTourneau, at 206-477-4529 or
philippe.letourneau@kingcounty.gov, with any questions about the scope of work. Prior
to construction, the Grant Recipient will submit a copy of the report to the King County
Historic Preservation Program's Archaeologist. The Grant Recipient will be required to
comply with any recommendations made by the King County Historic Preservation
Program's Archaeologist as a result of the professional archaeologist’s work. Additional
investigations could be required to comply with state laws and regulations related to
cultural resources if significant cultural resources are identified during the survey
investigation. Grant Recipient shall cc their King County Parks grant manager on all
emails with Historic Preservation Program staff.
AGENDA ITEM #7. e)
Existing May Cree k Tra ilExisting May Cree k Tra il
AcquisitionParcel322405-9081Eastrail(KingCounty)M a y C r e e kMay C r e e kGreenwayGreenway(C i t y o f R e n t o n )(C i t y o f R e n t o n )
M a y C r e e kMay C r e e kGreenwayGreenway(K i n g C o u n t y )(K i n g C o u n t y )
M a y C r e e kMay C r e e kGreenwayGreenway(C i t y o f R e n t o n )(C i t y o f R e n t o n )Lak e Was hington
Planned May Cree k Trail Extension (2024)
Ma y Cree k
Proposed May Cree k Tra il Extens ion
Lake Washington Blvd NI-405 FWYI-405 FWYData Sources: City of Renton, King County
This document is a graphic representation, not guaranteedto survey accuracy, and is based on the best informationavailable as of the date shown. This map is intended forCity display purposes only.
Coordinate System: NAD 1983 HARN StatePlane Washington North FIPS 4601Projection: Lambert Conformal ConicDatum: North American 1983 HARN
.
May Creek Greenway Fawcett ROFR Acquisition
0 280 560 840 1,120140Feet AGENDA ITEM #7. e)
AB - 3491
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Interlocal Agreement with Puget Sound Regional Fire Authority for
the Regional FD CARES Pilot Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Police Department
STAFF CONTACT: Jeff Hardin, Deputy Chief
EXT.: 7686
FISCAL IMPACT SUMMARY:
$182,875 for the period of January 1, 2024 - December 31, 2024, paid quarterly and approve an appropriation
for 2024 for this amount. The restricted funds for HB1590 can be used to support this program; this budget
adjustment will be included with the Q1 carryforward adjustment.
SUMMARY OF ACTION:
Implementation of an agreement with Puget Sound Regional Fire Authority to implement a FDCARES pilot
program. Puget Sound Fire will provide day to day support for the Renton Police Department, including aiding
with the development of an FD CARES plan specific for the Renton Police Department. To include but not
limited to, aid in the de-escalation of non-violent community members in crisis with behavioral health
disorders, connect community members to appropriate resources and address mental health issues or other
social service needs, and in efforts to reduce encounters, assist with referral as appropriate to mitigate future
crisis.
EXHIBITS:
A. FDCARES Renton PD 2024 Contract
B. PSRFAK1_4_24 Renton(PSRFACoveredEntity)
STAFF RECOMMENDATION:
To approve the agreement with Puget Sound Regional Fire Authority and to approve funds in the amount of
$182,875.00 to be paid quarterly for the FD CARES Pilot Project. The Project is to provide support services for
the Renton Police Department to include but not limited to aid in the de-escalation of non-violent community
members in crisis with behavioral health disorders and connect community members to appropriate resources
and address mental health issues or other social service needs.
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA
Page 1
INTERLOCAL AGREEMENT FOR
REGIONAL FDCARES PILOT PROJECT
THIS AGREEMENT is entered into between PUGET SOUND REGIONAL FIRE AUTHORITY, a
Washington Municipal Corporation (“Provider”), and the undersigned Washington Municipal
Corporation(s) (the “User”). Provider and User(s) are referred to herein together as the “Parties” and
individually a “Party.”
RECITALS
1. The purpose and objective of the REGIONAL FDCARES PILOT PROJECT INTERLOCAL AGREMENT
("Agreement") is to set forth the understanding, rights and responsibilities of the Parties with
respect to the provision of non-emergency community assistance referral and education services
pursuant to RCW 35.21.930 together with additional services as identified by the Parties in an
effort to develop a regionally consistent and efficient method of providing services throughout the
jurisdictions of the Provider and Users.
2. The Provider currently has the equipment and personnel to provide FDCARES Services on a regional
basis and is willing to extend this service to the User.
3. User has a need for such services and wishes to support the Regional FDCARES Pilot Project
described above.
4. This Agreement is made and entered into pursuant to the provisions of RCW Chapter 39.34, the
Interlocal Cooperation Act.
AGREEMENT
To carry out the purpose of this agreement and in consideration of the benefits to be received by each
Party, it is agreed as follows:
1.FDCARES Services. Subject to the terms of this Agreement, Provider shall provide User the
FDCARES Services set forth in Exhibit A (“Services”). The chief executive or designee of the User and
the Fire Chief or designee of Provider may negotiate changes, amendments, and modifications to
Exhibit A if mutually agreed to in writing.
2.Payment for Services. In consideration of the FDCARES Services provided, User shall pay Provider
$__182,875.00___ for calendar year 2024. Payments shall be made on a quarterly basis each
March 1, June 1, September 1 and December 1. Provider shall notify User of the annual cost of
service for future years on or before August 1 of the preceding year.
3.Reporting. Provider shall provide User with Bi-Annual reports documenting the Services provided.
4.Term. The effective date of this Agreement shall be January 1, 2024, This Agreement shall
automatically renew for additional one year terms each January 1 unless terminated by a Party in
writing prior to the preceding September 1. In addition, any party may terminate with six months
advance written notice at any time. Payment obligations for such terminations shall be prorated
based on the effective date of termination.
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA
Page 2
5.Indemnification. Each Party shall indemnify and hold the other Party and the other Party’s agents,
employees, and/or officers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against the other Party arising out of, in connection with the
Party’s performance or failure to perform any aspect of this Agreement; provided, however, that if
such claims are caused by or result from the concurrent negligence of both Parties, and/or their
agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to
the extent of the negligence of each Party; and provided further, that nothing herein shall require
one Party to hold harmless or defend the other Party, its agents, employees and/or officers from
any claims arising from the sole negligence of the other Party, its agents, employees, and/or
officers. No liability shall attach to either Party by reason of entering into this Agreement except as
expressly provided herein. Provider agrees that the foregoing indemnity specifically covers actions
brought by its own employees, and thus Provider expressly waives its immunity under industrial
insurance, Title 51, as necessary to effectuate this indemnity.
6.Insurance. The Provider shall provide insurance coverage for all Provider equipment and personnel.
The insurance coverage shall include all risk property insurance and general liability insurance,
including errors and omissions coverage. The Provider shall, upon request from the User, furnish to
User appropriate documentation showing that such coverage is in effect. The User recognizes that
the Provider is a member of a governmental insurance pool.
7. Dispute Resolution.
7.1. Prior to any other action, the Parties shall meet and attempt to negotiate a resolution to such
dispute.
7.2. If the Parties are unable to resolve a dispute regarding this Agreement through negotiation,
either Party may demand mediation through a process to be mutually agreed to in good faith
between the Parties within 30 days. The Parties shall share equally the costs of mediation and
each Party shall be responsible for their own costs in preparation and participation in the
mediation, including expert witness fees and reasonable attorney’s fees.
7.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute,
then, within 30 calendar days, either Party may submit the dispute to arbitration according to
the procedures of the Superior Court Rules for Mandatory Arbitration, including the Local
Mandatory Arbitration Rules of the King County Superior Court, King County, Washington, as
amended, unless the Parties agree in writing to an alternative dispute resolution process. The
arbitration shall be before a disinterested arbitrator selected pursuant to the Mandatory
Arbitration Rules with both Parties sharing equally in the cost of the arbitrator. The location of
the arbitration shall be mutually agreed or established by the assigned Arbitrator, and the laws
of Washington will govern its proceedings. Each Party shall be responsible for its own costs in
preparing for and participating in the arbitration, including expert witness fees and reasonable
attorney’s fees.
7.4. Following the arbitrator’s issuance of a ruling/award, either Party shall have 30 calendar days
from the date of the ruling/award to file and serve a demand for a bench trial de novo in the
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA
Page 3
King County Superior Court. The court shall determine all questions of law and fact without
empanelling a jury for any purpose. If the Party demanding the trial de novo does not improve
its position from the arbitrator’s ruling/award following a final judgment, that Party shall pay
all costs, expenses and attorney fees to the other Party, including all costs, attorney fees and
expenses associated with any appeals.
7.5. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive
and final remedy to or for either Party for any dispute regarding this Agreement, and its
interpretation, application or breach, regardless of whether the dispute is based in contract,
tort, any violation of federal law, state statute or local ordinance or for any breach of
administrative rule or regulation and regardless of the amount or type of relief demanded.
8.Miscellaneous:
8.1.Independent Governments. The Parties recognize and agree that the Provider and the Users
are independent governments. The Users are establishing a contractual relationship solely with
the Provider and are not establishing a contractual relationship with other Users. Except for
the specific terms of this Agreement, nothing herein shall be construed to limit the discretion
of the governing bodies of the Parties. This Agreement shall not be construed as creating an
association, joint venture, or partnership between the Parties, nor to impose any partnership
obligations or liabilities on either Party.
8.2.Administration. This Agreement shall be administered by each Party’s chief executive officer
or designee.
8.3.Property Ownership. This Agreement does not provide for jointly owned property unless
specific provision is made for joint ownership in a Collaborative Activities Exhibit. All property
presently owned or hereafter acquired by a Party to enable it to perform the services required
under this Agreement, shall remain the property of the acquiring Party in the event of the
termination of this agreement.
8.4.Service Limitation. The FDCARES Services provided under this Agreement represent an
extension and expansion of services the Provider owes to the public in general. Neither Party
intends to create a special relationship or duty to the other Party or to the public served by
either Party.
8.5.Notices. All notices, requests, demands and other communications required by this
agreement shall be in writing and, except as expressly provided elsewhere in this agreement,
shall be deemed to have been given at the time of delivery if personally delivered or at the
time of mailing if mailed by first class, postage pre-paid and addressed to the Party at its
address as stated in this agreement or at such address as any Party may designate at any time
in writing.
8.6.Severability. If any provision of this agreement or its application is held invalid, the remainder
of the agreement or the application of the remainder of the agreement shall not be affected.
8.7.Modification. This agreement represents the entire agreement between the Parties. No
change, termination or attempted waiver of any of the provisions of this agreement shall be
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA
Page 4
binding on either of the Parties unless executed in writing by authorized representatives of
each of the Parties. The agreement shall not be modified, supplemented or otherwise affected
by the course of dealing between the Parties.
8.8.Benefits. This agreement is entered into for the benefit of the Parties to this agreement only
and shall confer no benefits, direct or implied, on any third persons.
8.9.Non-Exclusive Agreement. The Parties to this agreement shall not be precluded from entering
into similar agreements with other municipal corporations.
8.10.Filing/Web Site. Filing/Web Site. This Agreement shall either be filed with the County
Auditor or by listing on either of the Party’s websites in accordance with RCW 39.34.040.
9.DUPLICATE ORIGINALS. This agreement may be executed in duplicate originals.
PROVIDER
PUGET SOUND REGIONAL FIRE AUTHORITY
By: __________________________________
Brian Carson, Fire Chief
Date: _________________________________
USER
CITY OF RENTON
By:_________________________________
Armondo Pavone, Mayor
Date: _______________________________
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form,
By:
Shane Moloney
City Attorney
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA
Page 5
EXHIBIT A
FD CARES SERVICES
1. Services. Puget Sound Fire shall provide the User with the following services.
1.1.Day to day support for the User’s organization, including aiding with the development of an FD
CARES plan specific for the User’s organization
1.2.Including but not limited to the following.
1.2.1.1.Aid in the de-escalation of non-violent community members in crisis with behavioral
health disorders.
1.2.1.2.Connect community members to appropriate resources and address mental health issues
or other social services needs.
1.2.1.3.In efforts to reduce encounters, assist with referrals as appropriate to mitigate future
crisis.
1.2.1.4.Document and track both mental health and non-mental health calls for service in
conjunction with dispatch (Valley Communications)
1.2.1.5.Collection of documentation and analyzing data to measure outcomes and improve
services.
1.2.1.6.Provide police staff with mental health or stabilization resources and or training.
1.2.1.7.Attend trainings and meetings.
2.Provide access and use of all FD CARES related written materials to include all necessary forms for
use as the User’s organization deems appropriate.
3.Assist appointed User employee in educating the organizations associated members on what FD
CARES is and why a fire organization should implement the program.
4.Assist appointed User employee in understanding the necessary data collection for responders at all
EMS related incidents.
5.Assist appointed User employee(s) with addressing repetitive medical responses.
6.Work with appointed User employee(s) on developing possible funding partnerships that may
include but may not be limited to:
6.1.1.King County Emergency Medical Services
6.1.2.King County Mental Health
6.1.3.King County area Hospitals
6.1.4.Local area medical payer groups such as Medicaid, Medicare, Premera, Molina, etc…
7. User Obligations.
7.1.Appointed User employee will work with Puget Sound Fire and other assigned staff and
partners to assist with further building and improving the FD CARES program for all
organizations adopting or interested in adopting the program. User shall enter into a mutually
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA
Page 6
agreeable Business Associate Agreement with Puget Sound Fire to address the sharing of any
patient health information that occurs under this Agreement.
AGENDA ITEM #7. f)
1
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement “Agreement” is entered into effective the ____ day of
____________, 20__ by City of Renton, by and through its Police Department “Business
Associate” and the Puget Sound Regional Fire Authority “Covered Entity.”
RECITALS
1.Covered Entity is a municipal corporation organized and operating in the State of
Washington that provides emergency and non-medical emergency services to its
patients including care coordination services.
2.Business Associate has contracted with Covered Entity to provide FDCARES services to
its Police Department that may require access to Covered Entity’s patient health
information “Services.”
3.Covered Entity and Business Associate have agreed to conduct all of their business in
compliance with all applicable federal, state and local statutes, regulations, rules and
policies, including but not limited to the Health Insurance Portability and Accountability
Act of 1996 and associated rules as set forth in 45 CFR parts 160 and 164 ("HIPAA"); and
4.In order to provide the Services, Business Associate and its directors, officers, partners,
employees, advisors, agents and consultants (the “Agents”), will require access to
Health Information that identifies Covered Entity patients.
5.For purposes of this Agreement, Health Information includes information created or
received by the Covered Entity that relates to health care services provided to a Covered
Entity patient, including demographic information collected from patients and other
individuals, that identifies the individual patient or with respect to which there is a
reasonable basis upon which to believe that the information can be used to identify an
individual patient; and
6.It appears that the Business Associate is a Business Associate of the Covered Entity as
that term is defined in the HIPAA regulations; and
7.Covered Entity is willing to provide Business Associate with access to the Health
Information to enable Business Associate to perform the Services consistent with
chapter 70.02 RCW and HIPAA.
AGREEMENT
In consideration for granting Business Associate access to the Health Information and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Business Associate agrees as follows:
AGENDA ITEM #7. f)
2
1. Permitted Uses. Business Associate may use or disclose Covered Entities Health Information
as necessary to perform Business Associate’s Services as set forth in Recital 2 above and any
Underlying Contracts between Business Associate and Covered Entity.
2. Confidentiality. Business Associate and its Agents agree to keep the Health Information
strictly confidential and will use and/or disclose the Health Information solely for the purpose
of providing the Services. Business Associate will disclose the contents of the Health
Information to its Agents only as minimally necessary and only to the extent required for the
Business Associate to provide the Services.
3. Confidentiality and Subcontractors. Business Associate agrees to ensure that any
subcontractors that create, receive, maintain, or transmit protected health information on
behalf of the Business Associate agree to the same restrictions, conditions, and requirements
that apply to the Business Associate with respect to such information.
4. General Privacy Compliance. Business Associate shall maintain and safeguard the privacy,
security, and confidentiality of all Health Information transmitted or received from the Covered
Entity in accordance with the provisions of chapter 70.02 RCW and HIPAA, as amended, and in
accordance with all other applicable federal, state and local statutes, regulations and Covered
Entity policies regarding the confidentiality of patient Health Information.
5. Minimum Necessary. Business Associate agrees to limit all uses and disclosures of Health
Information to the minimum amount necessary to accomplish the intended purpose of the use
or disclosure. Business Associate agrees that in all uses and disclosures that it will include only
the minimum amount of Health Information necessary to accomplish the purpose of the use or
disclosure as necessary for Business Associate to perform the Services.
6. Underlying Contracts. This Agreement is incorporated into all existing and current
contract(s) “Underlying Contracts” between the parties under which Business Associate is
carrying out activities or functions involving the use of Covered Entities Health Information.
7. Privacy and Security Obligations. On receipt of Health Information, Business Associate will:
7.1.Not use or further disclose the Health Information other than as permitted or
required by this Agreement, or as required by law, including but not limited to Chapter 42.56
RCW (The Public Records Act);
7.2.Use appropriate safeguards to prevent the use or disclosure of such Health
Information other than as provided for by this Agreement;
7.3.Business Associate will not transfer Protected Health Information outside the United
States without the prior written consent of the Covered Entity. In this context, a “transfer”
outside the United States occurs if Business Associate’s workforce members, agents, or
subcontractors physically located outside the United States are able to access, use, or disclose
Protected Health Information.
AGENDA ITEM #7. f)
3
7.4.Business Associate shall not engage in any sale (as defined in the HIPAA Rules) of
Protected Health Information.
7.5.Ensure that any agents, including subcontractors, to whom Business Associate
provides Health Information agree in writing to the same restrictions and conditions that apply
to Business Associate with respect to such Health Information;
7.6.Make Health Information available for inspection and copying in a manner
consistent with Covered Entity Policy and all applicable laws;
7.7. Make Health Information available for amendment and incorporate any
amendments to Health Information in a manner consistent with Covered Entity Policy and all
applicable laws;
7.8.Make Health Information available as required to provide an accounting of
disclosures in a manner consistent with Covered Entity Policy and all applicable laws;
7.9.Incorporate any amendments or corrections to the Health Information when
notified in a manner consistent with Covered Entity Policy and all applicable laws;
7.10.Maintain all records of Health Information received from, or created or received on
behalf of, the Covered Entity and document subsequent uses and disclosures in a manner
consistent with Covered Entity Policy and all applicable laws, including but not limited to
Chapter 42.56 RCW (The Public Records Act). Business Associate shall maintain such records
and accountings for a minimum of six years;
7.11.Make Business Associate's internal practices, books and records relating to the use
and disclosure of Health Information received from, or created or received by the Business
Associate on behalf of, the Covered Entity available to the Secretary of Health and Human
Services (“HHS”) for purposes of determining the Covered Entity's compliance with HIPAA;
7.12.Except as provided for in this Agreement, in the event Business Associate receives an
access, amendment, accounting of disclosure, or other similar request directly from an
Individual, Business Associate will redirect the Individual to the Covered Entity.
7.13.At termination of the Agreement, if feasible, return or destroy all Health Information
that the Business Associate still maintains in any form and retain no copies of such Health
Information in accordance with the applicable law of the State of Washington, or, if such return
or destruction is not feasible, extend the protection of this Agreement to the Health
Information and limit further uses and disclosures to those purposes that make the return or
destruction of the Health Information not feasible.
8. Creation of De-identified Data. In the event Business Associate wishes to convert PHI to
DID, it must first subject its proposed plan for accomplishing the conversion to Covered Entity
for Covered Entities approval, which shall not be unreasonably withheld provided such
AGENDA ITEM #7. f)
4
conversion meets the requirements of 45 C.F.R. Part 164.514. Business Associate may only use
DID as directed or otherwise agreed to by Covered Entity.
9. Breaches and Security Incidents.
9.1. Reporting.
9.1.1. Impermissible Use or Disclosure. Business Associate will report to Covered
Entity any use or disclosure of Protected Health Information not permitted by this BAA
immediately and not more than seventy-two (72) hours after Business Associate discovered
such non-permitted use or disclosure.
9.1.2. Breach of Unsecured Protected Health Information. Business Associate will
report to Covered Entity any potential Breach of Unsecured Protected Health Information
immediately and not more than seventy-two (72) hours after discovery of such potential
Breach. Business Associate will treat a potential Breach as being discovered in accordance with
45 CFR 164.410. Business Associate will make the notice and report to Covered Entity’s Privacy
Officer. If a delay is requested by a law-enforcement official in accordance with 45 CFR 164.412,
Business Associate may delay notifying Covered Entity for the applicable time period. Business
Associate’s report will include at least the following, provided that absence of any information
will not be cause for Business Associate to delay the report and available information will be
provided in a subsequent report as soon as reasonably possible:
9.1.2.1.Identify the nature of the Breach, which will include a brief description of
what happened, including the date of any Breach and the date of the discovery of any Breach,
and the number of individuals who are subject to a Breach;
9.1.2.2.Identify the types of Protected Health Information that were involved in
the Breach (such as whether full name, Social Security number, date of birth, home address,
account number, diagnosis, or other information were involved);
9.1.2.3.Identify who made the non-permitted use or disclosure and who received
the non-permitted disclosure;
9.1.2.4.Identify what corrective or investigative action Business Associate took or
will take to prevent further non-permitted uses or disclosures, to mitigate harmful effects, and
to protect against any further Breaches;
9.1.2.5.Identify what steps the individuals who were subject to a Breach should
take to protect themselves; and
9.1.2.6.Provide such other information, including a written report and risk
assessment under 45 CFR 164.402, as Covered Entity may reasonably request.
AGENDA ITEM #7. f)
5
9.2. Security Incidents. Business Associate will report to Covered Entity any Security
Incidents of which Business Associate become aware. Business Associate will make this report
and treat a Security Incident as provided in the provisions set forth above.
9.3. Mitigation. Business Associate shall mintage, to the extent practicable, any harmful
effect known to the Business Associate resulting from a use or disclosure in violation of this
BAA. Business Associate at its sole expense, or, if Covered Entity elects to carry out some or all
mitigation efforts, reimburse Covered Entity for its reasonable costs and expenses (including
without limitation administrative costs, costs of legal action and attorney engagement, and
payment of fines, settlements and damages) incurred in connection with mitigation efforts.
10. Indemnification. Business Associate agrees to defend, indemnify, and hold harmless
Covered Entity and its commissioners, employees, officers and agents against any and all
claims, demands, causes of action, losses, damages, liabilities, judgment, costs and expenses
(including reasonable attorneys' fees) asserted against or incurred by the Covered Entity or its
commissioners, employees, officers and agents as a result of any violation of, or failure to
comply with, the provisions of this Agreement by Business Associate and/or its Agents.
11. Limitation of Liability. Business Associate acknowledges and understands that Covered
Entity makes no representations or warranties, express or implied, regarding the content or
completeness of the Health Information provided to Business Associate. Business Associate
agrees to release Covered Entity and its commissioners, employees, officers and agents, from
all claims, demands, causes of action, losses, damages, liabilities, costs or expenses (including
reasonable attorneys' fees) asserted against or incurred by Business Associate or its Agents by
sole reason of the Business Associate’s use or disclosure of the Health Information.
12. Breach of Agreement - Termination.
12.1.In the event that the Covered Entity becomes aware of a pattern or practice of the
Business Associate that constitutes a material breach or violation of the Business Associate’s
obligations under this Agreement, which breach is not cured within five (5) days after notice is
provided to the Business Associate, this Agreement shall terminate.
12.2.In the event of a default or breach by the Business Associate as set forth in Section
9.1 of this Agreement, the Covered Entity shall have available to it any legal or equitable right
or remedy to which Covered Entity is entitled, including but not limited to, injunctive relief.
Covered Entity shall not be deemed to have waived any of its rights or remedies because of its
failure or delay in exercising any such right or remedy in a particular instance.
13. Continuing Privacy and Security Obligations. Business Associate’s obligations to protect
the privacy and safeguard the security of Protected Health Information as specified in this BAA
will be continuous and survive termination or other conclusion of this BAA.
14. Re-Negotiation. The parties agree to negotiate in good faith any modification to this
Agreement that may be necessary or required to ensure consistency with amendments to and
AGENDA ITEM #7. f)
6
changes in applicable federal and state laws and regulations, including but not limited to,
regulations promulgated pursuant to HIPAA.
15. Penalties for Noncompliance. Business Associate acknowledges that it is subject to civil and
criminal enforcement for failure to comply with the HIPAA Rules, to the extent provided by the
HITECH Act and the HIPAA Rules.
16. Availability of Disclosure Information. Business Associate will maintain the Disclosure
Information for at least seven (7) years following the date of the accountable disclosure to
which the Disclosure Information relates. Business Associate will make the Disclosure
Information available to Covered Entity within seven (7) calendar days following Covered
Entity’s request for such Disclosure Information to comply with an individual’s request for an
accounting of disclosure.
17. Miscellaneous Provisions.
17.1.Any ambiguity in this Agreement shall be interpreted to permit compliance with the
HIPAA Rules.
17.2.Notwithstanding the foregoing, this Agreement shall be binding upon and shall inure
to the benefit of the parties, and any successor to the parties whether by operation of law or
otherwise.
17.3.All notices given pursuant to this Agreement shall be in writing and shall be
delivered by hand or sent by registered or certified mail, return receipt requested, postage pre-
paid, addressed to the party for whom it is intended at its address as set forth below. Any
address for the giving of notice may be changed by giving notice to that effect to the other
party. Each such notice shall be deemed to have been given on the date of its receipt by the
party for whom it was intended.
17.4.If any provision of this Agreement is or becomes unenforceable, the remainder of
this Agreement shall nevertheless remain binding to the fullest extent possible, taking into
consideration the purposes and spirit of this Agreement.
17.5.This Agreement contains the entire understanding of the parties with regard to the
subject matter hereof, and supersedes all other agreements and understandings, written and
oral, relating to the subject matter hereof. This Agreement may not be amended or modified,
nor may any of its provisions be waived, except by a writing executed by both of the parties or,
in the case of a waiver, by the party waiving compliance. The waiver of any one breach shall not
be construed as a waiver of any rights or remedies with respect to any other breach or
subsequent breach.
17.6.This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington applicable to agreements made and to be performed entirely within
AGENDA ITEM #7. f)
7
such State, with regard to principles of conflicts of law. The venue of any action arising under
this Agreement shall be in King county Washington.
17.7.This Agreement may be executed in one or more counterpart copies, each of which
shall be deemed an original and together shall constitute one and the same Agreement.
18. Term. The term of this Agreement shall be identical to the term specified in any Underlying
Contracts, the terms of which are incorporated herein by this reference. Any provision of this
Agreement which by its terms is intended to survive the termination or expiration of this
Agreement shall so survive.
BUSINESS ASSOCIATE:
City of Renton
By:
(signature)
Print Name: Armondo Pavone, Mayor
DATE:
COVERED ENTITY:
Puget Sound Regional Fire Authority
By:
(signature)
Print Name: Brian Carson, Fire Chief
DATE:
NOTICES TO BE SENT TO:NOTICES TO BE SENT TO:
Kent RFA FDCARES Division
24611 116th Ave. S.E.
Kent, WA 98030
AGENDA ITEM #7. f)
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
PUGET SOUND REGIONAL FIRE AUTHORITY FOR THE PURPOSE OF CREATING A
REGIONAL FDCARES PILOT PROJECT.
WHEREAS, the City and Puget Sound Regional Fire Authority are authorized, pursuant to
RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government
cooperative agreement; and
WHEREAS, to participate in a regionally consistent and efficient method of providing
resources and social services to community members who use emergency resources for
nonemergent or nonurgent calls, the City desires to engage Puget Sound Regional Fire Authority's
Services, as set forth in the attached Exhibit A (Interlocal Agreement for Regional FDCares Pilot
Project), for the purpose of preventing injury and illness in the community, pursuant to RCW
35.21.930; and
WHEREAS, to satisfy the Puget Sound Regional Fire Authority’s requirements for entering
into such a mutually beneficial agreement for FDCARES Services, the City also agrees to enter into
a second agreement for the benefit of Renton resident s, as set forth in in the attached Exhibit B
(Business Associate Agreement), for the purpose of protecting private health records and
information to the extent allowable by applicable law; and
WHEREAS, the Puget Sound Regional Fire Authority currently has the equipment and
personnel to provide FDCARES Services on a regional basis and is willing to extend this service to
the City;
AGENDA ITEM #7. f)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with Puget Sound Regional Fire Authority regarding regional FDCARES pilot project
during fiscal year 2024 entitled Interlocal Agreement for Regional FDCARES Pilot Project,
attached hereto as Exhibit “A” and incorporated by this reference.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal
agreement with Puget Sound Regional Fire Authority regarding regional FDCARES pilot project
during fiscal year 2024 entitled Business Associate Agreement for Regional FDCARES Pilot Project,
attached hereto as Exhibit “B” and incorporated by this reference.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- RPD:24RES007:1/25/24
AGENDA ITEM #7. f)
RESOLUTION NO. _______
3
EXHIBIT “A”
Interlocal Agreement for Regional FDCARES Pilot Project
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 1
INTERLOCAL AGREEMENT FOR
REGIONAL FDCARES PILOT PROJECT
THIS AGREEMENT is entered into between PUGET SOUND REGIONAL FIRE
AUTHORITY, a Washington Municipal Corporation (“Provider”), and the undersigned Washington
Municipal Corporation(s) (the “User”). Provider and User(s) are referred to herein together as the “Parties”
and individually a “Party.”
RECITALS
1. The purpose and objective of the REGIONAL FDCARES PILOT PROJECT INTERLOCAL
AGREMENT ("Agreement") is to set forth the understanding, rights and responsibilities of the Parties
with respect to the provision of non-emergency community assistance referral and education services
pursuant to RCW 35.21.930 together with additional services as identified by the Parties in an effort
to develop a regionally consistent and efficient method of providing services throughout the
jurisdictions of the Provider and Users.
2. The Provider currently has the equipment and personnel to provide FDCARES Services on a regional
basis and is willing to extend this service to the User.
3. User has a need for such services and wishes to support the Regional FDCARES Pilot Project
described above.
4. This Agreement is made and entered into pursuant to the provisions of RCW Chapter 39.34, the
Interlocal Cooperation Act.
AGREEMENT
To carry out the purpose of this agreement and in consideration of the benefits to be received by each
Party, it is agreed as follows:
1. FDCARES Services. Subject to the terms of this Agreement, Provider shall provide User the
FDCARES Services set forth in Exhibit A (“Services”). The chief executive or designee of the User
and the Fire Chief or designee of Provider may negotiate changes, amendments, and modifications to
Exhibit A if mutually agreed to in writing.
2. Payment for Services. In consideration of the FDCARES Services provided, User shall pay Provider
$__182,875.00___ for calendar year 2024. Payments shall be made on a quarterly basis each March
1, June 1, September 1 and December 1. Provider shall notify User of the annual cost of service for
future years on or before August 1 of the preceding year.
3. Reporting. Provider shall provide User with Bi-Annual reports documenting the Services provided.
4. Term. The effective date of this Agreement shall be January 1, 2024, This Agreement shall
automatically renew for additional one year terms each January 1 unless terminated by a Party in
writing prior to the preceding September 1. In addition, any party may terminate with six months
advance written notice at any time. Payment obligations for such terminations shall be prorated based
on the effective date of termination.
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 2
5. Indemnification. Each Party shall indemnify and hold the other Party and the other Party’s agents,
employees, and/or officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever
kind or nature, brought against the other Party arising out of, in connection with the Party’s
performance or failure to perform any aspect of this Agreement; provided, however, that if such claims
are caused by or result from the concurrent negligence of both Parties, and/or their agents, employees,
and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of each Party; and provided further, that nothing herein shall require one Party to hold
harmless or defend the other Party, its agents, employees and/or officers from any claims arising from
the sole negligence of the other Party, its agents, employees, and/or officers. No liability shall attach
to either Party by reason of entering into this Agreement except as expressly provided herein. Provider
agrees that the foregoing indemnity specifically covers actions brought by its own employees, and
thus Provider expressly waives its immunity under industrial insurance, Title 51, as necessary to
effectuate this indemnity.
6. Insurance. The Provider shall provide insurance coverage for all Provider equipment and personnel.
The insurance coverage shall include all risk property insurance and general liability insurance,
including errors and omissions coverage. The Provider shall, upon request from the User, furnish to
User appropriate documentation showing that such coverage is in effect. The User recognizes that the
Provider is a member of a governmental insurance pool.
7. Dispute Resolution.
7.1. Prior to any other action, the Parties shall meet and attempt to negotiate a resolution to such
dispute.
7.2. If the Parties are unable to resolve a dispute regarding this Agreement through negotiation, either
Party may demand mediation through a process to be mutually agreed to in good faith between
the Parties within 30 days. The Parties shall share equally the costs of mediation and each Party
shall be responsible for their own costs in preparation and participation in the mediation, including
expert witness fees and reasonable attorney’s fees.
7.3. If a mediation process cannot be agreed upon or if the mediation fails to resolve the dispute, then,
within 30 calendar days, either Party may submit the dispute to arbitration according to the
procedures of the Superior Court Rules for Mandatory Arbitration, including the Local Mandatory
Arbitration Rules of the King County Superior Court, King County, Washington, as amended,
unless the Parties agree in writing to an alternative dispute resolution process. The arbitration
shall be before a disinterested arbitrator selected pursuant to the Mandatory Arbitration Rules with
both Parties sharing equally in the cost of the arbitrator. The location of the arbitration shall be
mutually agreed or established by the assigned Arbitrator, and the laws of Washington will govern
its proceedings. Each Party shall be responsible for its own costs in preparing for and participating
in the arbitration, including expert witness fees and reasonable attorney’s fees.
7.4. Following the arbitrator’s issuance of a ruling/award, either Party shall have 30 calendar days
from the date of the ruling/award to file and serve a demand for a bench trial de novo in the King
County Superior Court. The court shall determine all questions of law and fact without
empanelling a jury for any purpose. If the Party demanding the trial de novo does not improve its
position from the arbitrator’s ruling/award following a final judgment, that Party shall pay all
costs, expenses and attorney fees to the other Party, including all costs, attorney fees and expenses
associated with any appeals.
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 3
7.5. Unless otherwise agreed in writing, this dispute resolution process shall be the sole, exclusive
and final remedy to or for either Party for any dispute regarding this Agreement, and its
interpretation, application or breach, regardless of whether the dispute is based in contract, tort,
any violation of federal law, state statute or local ordinance or for any breach of administrative
rule or regulation and regardless of the amount or type of relief demanded.
8. Miscellaneous:
8.1. Independent Governments. The Parties recognize and agree that the Provider and the Users are
independent governments. The Users are establishing a contractual relationship solely with the
Provider and are not establishing a contractual relationship with other Users. Except for the
specific terms of this Agreement, nothing herein shall be construed to limit the discretion of the
governing bodies of the Parties. This Agreement shall not be construed as creating an association,
joint venture, or partnership between the Parties, nor to impose any partnership obligations or
liabilities on either Party.
8.2. Administration. This Agreement shall be administered by each Party’s chief executive officer
or designee.
8.3. Property Ownership. This Agreement does not provide for jointly owned property unless
specific provision is made for joint ownership in a Collaborative Activities Exhibit. All property
presently owned or hereafter acquired by a Party to enable it to perform the services required
under this Agreement, shall remain the property of the acquiring Party in the event of the
termination of this agreement.
8.4. Service Limitation. The FDCARES Services provided under this Agreement represent an
extension and expansion of services the Provider owes to the public in general. Neither Party
intends to create a special relationship or duty to the other Party or to the public served by either
Party.
8.5. Notices. All notices, requests, demands and other communications required by this agreement
shall be in writing and, except as expressly provided elsewhere in this agreement, shall be deemed
to have been given at the time of delivery if personally delivered or at the time of mailing if mailed
by first class, postage pre-paid and addressed to the Party at its address as stated in this agreement
or at such address as any Party may designate at any time in writing.
8.6. Severability. If any provision of this agreement or its application is held invalid, the remainder
of the agreement or the application of the remainder of the agreement shall not be affected.
8.7. Modification. This agreement represents the entire agreement between the Parties. No change,
termination or attempted waiver of any of the provisions of this agreement shall be binding on
either of the Parties unless executed in writing by authorized representatives of each of the Parties.
The agreement shall not be modified, supplemented or otherwise affected by the course of dealing
between the Parties.
8.8. Benefits. This agreement is entered into for the benefit of the Parties to this agreement only and
shall confer no benefits, direct or implied, on any third persons.
8.9. Non-Exclusive Agreement. The Parties to this agreement shall not be precluded from entering
into similar agreements with other municipal corporations.
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 4
8.10. Filing/Web Site. Filing/Web Site. This Agreement shall either be filed with the County
Auditor or by listing on either of the Party’s websites in accordance with RCW 39.34.040.
9. DUPLICATE ORIGINALS. This agreement may be executed in duplicate originals.
PROVIDER
PUGET SOUND REGIONAL FIRE
AUTHORITY
By: __________________________________
Brian Carson, Fire Chief
Date: _________________________________
USER
CITY OF RENTON
By:_________________________________
Armondo Pavone, Mayor
Date: _______________________________
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 5
EXHIBIT A
FD CARES SERVICES
1. Services. Puget Sound Fire shall provide the User with the following services.
1.1. Day to day support for the User’s organization, including aiding with the development of an FD
CARES plan specific for the User’s organization
1.2. Including but not limited to the following.
1.2.1.1. Aid in the de-escalation of non-violent community members in crisis with behavioral
health disorders.
1.2.1.2. Connect community members to appropriate resources and address mental health issues
or other social services needs.
1.2.1.3. In efforts to reduce encounters, assist with referrals as appropriate to mitigate future
crisis.
1.2.1.4. Document and track both mental health and non-mental health calls for service in
conjunction with dispatch (Valley Communications)
1.2.1.5. Collection of documentation and analyzing data to measure outcomes and improve
services.
1.2.1.6. Provide police staff with mental health or stabilization resources and or training.
1.2.1.7. Attend trainings and meetings.
2. Provide access and use of all FD CARES related written materials to include all necessary forms for
use as the User’s organization deems appropriate.
3. Assist appointed User employee in educating the organizations associated members on what FD
CARES is and why a fire organization should implement the program.
4. Assist appointed User employee in understanding the necessary data collection for responders at all
EMS related incidents.
5. Assist appointed User employee(s) with addressing repetitive medical responses.
6. Work with appointed User employee(s) on developing possible funding partnerships that may include
but may not be limited to:
6.1.1. King County Emergency Medical Services
6.1.2. King County Mental Health
6.1.3. King County area Hospitals
6.1.4. Local area medical payer groups such as Medicaid, Medicare, Premera, Molina, etc…
7. User Obligations.
7.1. Appointed User employee will work with Puget Sound Fire and other assigned staff and partners
to assist with further building and improving the FD CARES program for all organizations
adopting or interested in adopting the program. User shall enter into a mutually agreeable Business
AGENDA ITEM #7. f)
REGIONAL FDCARES PILOT PROJECT ILA Page 6
Associate Agreement with Puget Sound Fire to address the sharing of any patient health
information that occurs under this Agreement.
AGENDA ITEM #7. f)
RESOLUTION NO. _______
4
EXHIBIT “B”
BUSINESS ASSOCIATE AGREEMENT
AGENDA ITEM #7. f)
1
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement “Agreement” is entered into effective the ____ day of
____________, 20__ by City of Renton, by and through its Police Department “Business
Associate” and the Puget Sound Regional Fire Authority “Covered Entity.”
RECITALS
1. Covered Entity is a municipal corporation organized and operating in the State of
Washington that provides emergency and non-medical emergency services to its patients
including care coordination services.
2. Business Associate has contracted with Covered Entity to provide FDCARES services to
its Police Department that may require access to Covered Entity’s patient health
information “Services.”
3. Covered Entity and Business Associate have agreed to conduct all of their business in
compliance with all applicable federal, state and local statutes, regulations, rules and
policies, including but not limited to the Health Insurance Portability and Accountability
Act of 1996 and associated rules as set forth in 45 CFR parts 160 and 164 ("HIPAA"); and
4. In order to provide the Services, Business Associate and its directors, officers, partners,
employees, advisors, agents and consultants (the “Agents”), will require access to Health
Information that identifies Covered Entity patients.
5. For purposes of this Agreement, Health Information includes information created or
received by the Covered Entity that relates to health care services provided to a Covered
Entity patient, including demographic information collected from patients and other
individuals, that identifies the individual patient or with respect to which there is a
reasonable basis upon which to believe that the information can be used to identify an
individual patient; and
6. It appears that the Business Associate is a Business Associate of the Covered Entity as that
term is defined in the HIPAA regulations; and
7. Covered Entity is willing to provide Business Associate with access to the Health
Information to enable Business Associate to perform the Services consistent with chapter
70.02 RCW and HIPAA.
AGREEMENT
In consideration for granting Business Associate access to the Health Information and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Business Associate agrees as follows:
AGENDA ITEM #7. f)
2
1. Permitted Uses. Business Associate may use or disclose Covered Entities Health Information
as necessary to perform Business Associate’s Services as set forth in Recital 2 above and any
Underlying Contracts between Business Associate and Covered Entity.
2. Confidentiality. Business Associate and its Agents agree to keep the Health Information
strictly confidential and will use and/or disclose the Health Information solely for the purpose of
providing the Services. Business Associate will disclose the contents of the Health Information to
its Agents only as minimally necessary and only to the extent required for the Business Associate
to provide the Services.
3. Confidentiality and Subcontractors. Business Associate agrees to ensure that any
subcontractors that create, receive, maintain, or transmit protected health information on behalf of
the Business Associate agree to the same restrictions, conditions, and requirements that apply to
the Business Associate with respect to such information.
4. General Privacy Compliance. Business Associate shall maintain and safeguard the privacy,
security, and confidentiality of all Health Information transmitted or received from the Covered
Entity in accordance with the provisions of chapter 70.02 RCW and HIPAA, as amended, and in
accordance with all other applicable federal, state and local statutes, regulations and Covered
Entity policies regarding the confidentiality of patient Health Information.
5. Minimum Necessary. Business Associate agrees to limit all uses and disclosures of Health
Information to the minimum amount necessary to accomplish the intended purpose of the use or
disclosure. Business Associate agrees that in all uses and disclosures that it will include only the
minimum amount of Health Information necessary to accomplish the purpose of the use or
disclosure as necessary for Business Associate to perform the Services.
6. Underlying Contracts. This Agreement is incorporated into all existing and current
contract(s) “Underlying Contracts” between the parties under which Business Associate is carrying
out activities or functions involving the use of Covered Entities Health Information.
7. Privacy and Security Obligations. On receipt of Health Information, Business Associate will:
7.1. Not use or further disclose the Health Information other than as permitted or required
by this Agreement, or as required by law, including but not limited to Chapter 42.56 RCW (The
Public Records Act);
7.2. Use appropriate safeguards to prevent the use or disclosure of such Health Information
other than as provided for by this Agreement;
7.3. Business Associate will not transfer Protected Health Information outside the United
States without the prior written consent of the Covered Entity. In this context, a “transfer” outside
the United States occurs if Business Associate’s workforce members, agents, or subcontractors
physically located outside the United States are able to access, use, or disclose Protected Health
Information.
AGENDA ITEM #7. f)
3
7.4. Business Associate shall not engage in any sale (as defined in the HIPAA Rules) of
Protected Health Information.
7.5. Ensure that any agents, including subcontractors, to whom Business Associate provides
Health Information agree in writing to the same restrictions and conditions that apply to Business
Associate with respect to such Health Information;
7.6. Make Health Information available for inspection and copying in a manner consistent
with Covered Entity Policy and all applicable laws;
7.7. Make Health Information available for amendment and incorporate any amendments
to Health Information in a manner consistent with Covered Entity Policy and all applicable laws;
7.8. Make Health Information available as required to provide an accounting of disclosures
in a manner consistent with Covered Entity Policy and all applicable laws;
7.9. Incorporate any amendments or corrections to the Health Information when notified in
a manner consistent with Covered Entity Policy and all applicable laws;
7.10. Maintain all records of Health Information received from, or created or received on
behalf of, the Covered Entity and document subsequent uses and disclosures in a manner consistent
with Covered Entity Policy and all applicable laws, including but not limited to Chapter 42.56
RCW (The Public Records Act). Business Associate shall maintain such records and accountings
for a minimum of six years;
7.11. Make Business Associate's internal practices, books and records relating to the use and
disclosure of Health Information received from, or created or received by the Business Associate
on behalf of, the Covered Entity available to the Secretary of Health and Human Services (“HHS”)
for purposes of determining the Covered Entity's compliance with HIPAA;
7.12. Except as provided for in this Agreement, in the event Business Associate receives an
access, amendment, accounting of disclosure, or other similar request directly from an Individual,
Business Associate will redirect the Individual to the Covered Entity.
7.13. At termination of the Agreement, if feasible, return or destroy all Health Information
that the Business Associate still maintains in any form and retain no copies of such Health
Information in accordance with the applicable law of the State of Washington, or, if such return or
destruction is not feasible, extend the protection of this Agreement to the Health Information and
limit further uses and disclosures to those purposes that make the return or destruction of the Health
Information not feasible.
8. Creation of De-identified Data. In the event Business Associate wishes to convert PHI to
DID, it must first subject its proposed plan for accomplishing the conversion to Covered Entity for
Covered Entities approval, which shall not be unreasonably withheld provided such conversion
meets the requirements of 45 C.F.R. Part 164.514. Business Associate may only use DID as
directed or otherwise agreed to by Covered Entity.
9. Breaches and Security Incidents.
AGENDA ITEM #7. f)
4
9.1. Reporting.
9.1.1. Impermissible Use or Disclosure. Business Associate will report to Covered
Entity any use or disclosure of Protected Health Information not permitted by this BAA
immediately and not more than seventy-two (72) hours after Business Associate discovered such
non-permitted use or disclosure.
9.1.2. Breach of Unsecured Protected Health Information. Business Associate will
report to Covered Entity any potential Breach of Unsecured Protected Health Information
immediately and not more than seventy-two (72) hours after discovery of such potential Breach.
Business Associate will treat a potential Breach as being discovered in accordance with 45 CFR
164.410. Business Associate will make the notice and report to Covered Entity’s Privacy Officer.
If a delay is requested by a law-enforcement official in accordance with 45 CFR 164.412, Business
Associate may delay notifying Covered Entity for the applicable time period. Business Associate’s
report will include at least the following, provided that absence of any information will not be
cause for Business Associate to delay the report and available information will be provided in a
subsequent report as soon as reasonably possible:
9.1.2.1. Identify the nature of the Breach, which will include a brief description of
what happened, including the date of any Breach and the date of the discovery of any Breach, and
the number of individuals who are subject to a Breach;
9.1.2.2. Identify the types of Protected Health Information that were involved in the
Breach (such as whether full name, Social Security number, date of birth, home address, account
number, diagnosis, or other information were involved);
9.1.2.3. Identify who made the non-permitted use or disclosure and who received
the non-permitted disclosure;
9.1.2.4. Identify what corrective or investigative action Business Associate took or
will take to prevent further non-permitted uses or disclosures, to mitigate harmful effects, and to
protect against any further Breaches;
9.1.2.5. Identify what steps the individuals who were subject to a Breach should take
to protect themselves; and
9.1.2.6. Provide such other information, including a written report and risk
assessment under 45 CFR 164.402, as Covered Entity may reasonably request.
9.2. Security Incidents. Business Associate will report to Covered Entity any Security
Incidents of which Business Associate become aware. Business Associate will make this report
and treat a Security Incident as provided in the provisions set forth above.
9.3. Mitigation. Business Associate shall mintage, to the extent practicable, any harmful
effect known to the Business Associate resulting from a use or disclosure in violation of this BAA.
Business Associate at its sole expense, or, if Covered Entity elects to carry out some or all
mitigation efforts, reimburse Covered Entity for its reasonable costs and expenses (including
AGENDA ITEM #7. f)
5
without limitation administrative costs, costs of legal action and attorney engagement, and
payment of fines, settlements and damages) incurred in connection with mitigation efforts.
10. Indemnification. Business Associate agrees to defend, indemnify, and hold harmless Covered
Entity and its commissioners, employees, officers and agents against any and all claims, demands,
causes of action, losses, damages, liabilities, judgment, costs and expenses (including reasonable
attorneys' fees) asserted against or incurred by the Covered Entity or its commissioners,
employees, officers and agents as a result of any violation of, or failure to comply with, the
provisions of this Agreement by Business Associate and/or its Agents.
11. Limitation of Liability. Business Associate acknowledges and understands that Covered
Entity makes no representations or warranties, express or implied, regarding the content or
completeness of the Health Information provided to Business Associate. Business Associate agrees
to release Covered Entity and its commissioners, employees, officers and agents, from all claims,
demands, causes of action, losses, damages, liabilities, costs or expenses (including reasonable
attorneys' fees) asserted against or incurred by Business Associate or its Agents by sole reason of
the Business Associate’s use or disclosure of the Health Information.
12. Breach of Agreement - Termination.
12.1. In the event that the Covered Entity becomes aware of a pattern or practice of the
Business Associate that constitutes a material breach or violation of the Business Associate’s
obligations under this Agreement, which breach is not cured within five (5) days after notice is
provided to the Business Associate, this Agreement shall terminate.
12.2. In the event of a default or breach by the Business Associate as set forth in Section 9.1
of this Agreement, the Covered Entity shall have available to it any legal or equitable right or
remedy to which Covered Entity is entitled, including but not limited to, injunctive relief. Covered
Entity shall not be deemed to have waived any of its rights or remedies because of its failure or
delay in exercising any such right or remedy in a particular instance.
13. Continuing Privacy and Security Obligations. Business Associate’s obligations to protect
the privacy and safeguard the security of Protected Health Information as specified in this BAA
will be continuous and survive termination or other conclusion of this BAA.
14. Re-Negotiation. The parties agree to negotiate in good faith any modification to this
Agreement that may be necessary or required to ensure consistency with amendments to and
changes in applicable federal and state laws and regulations, including but not limited to,
regulations promulgated pursuant to HIPAA.
15. Penalties for Noncompliance. Business Associate acknowledges that it is subject to civil and
criminal enforcement for failure to comply with the HIPAA Rules, to the extent provided by the
HITECH Act and the HIPAA Rules.
16. Availability of Disclosure Information. Business Associate will maintain the Disclosure
Information for at least seven (7) years following the date of the accountable disclosure to which
the Disclosure Information relates. Business Associate will make the Disclosure Information
AGENDA ITEM #7. f)
6
available to Covered Entity within seven (7) calendar days following Covered Entity’s request for
such Disclosure Information to comply with an individual’s request for an accounting of
disclosure.
17. Miscellaneous Provisions.
17.1. Any ambiguity in this Agreement shall be interpreted to permit compliance with the
HIPAA Rules.
17.2. Notwithstanding the foregoing, this Agreement shall be binding upon and shall inure
to the benefit of the parties, and any successor to the parties whether by operation of law or
otherwise.
17.3. All notices given pursuant to this Agreement shall be in writing and shall be delivered
by hand or sent by registered or certified mail, return receipt requested, postage pre-paid, addressed
to the party for whom it is intended at its address as set forth below. Any address for the giving of
notice may be changed by giving notice to that effect to the other party. Each such notice shall be
deemed to have been given on the date of its receipt by the party for whom it was intended.
17.4. If any provision of this Agreement is or becomes unenforceable, the remainder of this
Agreement shall nevertheless remain binding to the fullest extent possible, taking into
consideration the purposes and spirit of this Agreement.
17.5. This Agreement contains the entire understanding of the parties with regard to the
subject matter hereof, and supersedes all other agreements and understandings, written and oral,
relating to the subject matter hereof. This Agreement may not be amended or modified, nor may
any of its provisions be waived, except by a writing executed by both of the parties or, in the case
of a waiver, by the party waiving compliance. The waiver of any one breach shall not be construed
as a waiver of any rights or remedies with respect to any other breach or subsequent breach.
17.6. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington applicable to agreements made and to be performed entirely within such State,
with regard to principles of conflicts of law. The venue of any action arising under this Agreement
shall be in King county Washington.
17.7. This Agreement may be executed in one or more counterpart copies, each of which
shall be deemed an original and together shall constitute one and the same Agreement.
18. Term. The term of this Agreement shall be identical to the term specified in any Underlying
Contracts, the terms of which are incorporated herein by this reference. Any provision of this
Agreement which by its terms is intended to survive the termination or expiration of this
Agreement shall so survive.
BUSINESS ASSOCIATE:
City of Renton
COVERED ENTITY:
Puget Sound Regional Fire Authority
AGENDA ITEM #7. f)
7
By:
(signature)
Print Name: Armondo Pavone, Mayor
DATE:
By:
(signature)
Print Name: Brian Carson, Fire Chief
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
Kent RFA FDCARES Division
24611 116th Ave. S.E.
Kent, WA 98030
AGENDA ITEM #7. f)
CITY ATTORNEY
M E M O R A N D U M
DATE: January 25, 2024
TO: Jason A. Seth, City Clerk
FROM: Alex Tuttle, Senior Assistant City Attorney
SUBJECT: Approval of the Resolution Authorizing Interlocal
Agreement with Puget Sound Regional Fire Authority for
FDCares Pilot Project
The above-referenced legislation is hereby approved as to legal form.
Alex Tuttle
AT: bep
Cc: Jeffery Hardin
24RES007
AGENDA ITEM #7. f)
AB - 3502
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Interlocal Agreements with City of Auburn, City of Burien, City of
Covington, and City of Tukwila for Electronic Home Monitoring
Program and Related Services
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Police Department
STAFF CONTACT: Dan Figaro, Commander
EXT.: dfigaro@rentonwa.gov
FISCAL IMPACT SUMMARY:
Participants shall compensate City of Renton for installation and monitoring of EHM offenders will be billed to
PARTICIPANT at a rate of: $36.00 ($18.00 for equipment; $18.00 for administration services) per active day, or
$252.00 minimum charge (7 days or less) per offender. Installation and Alcohol-only monitoring of offenders
using TAD (Transdermal Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active
day per offender ($18.00 for equipment; $18.00 for administration services). Installation and monitoring of
EHM offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
SUMMARY OF ACTION:
King County District Court Judges for participants will have the discretion to place misdemeanor offenders into
the EHM program as an alternative to incarceration. The participant's court will establish the terms and
conditions of electronic monitoring for each offender; and communicate those terms and conditions to
Renton EHM. Renton EHM reserves the right to monitor an offender at a higher level of monitoring than order
by the court if deemed appropriate by Renton EHM. No additional cost will be incurred by participant or
offender for a higher level of monitoring.
EXHIBITS:
A. Interlocal Agreement with the City of Auburn
B. Interlocal Agreement with the City of Burien
C. Interlocal Agreement with the City of Covington
D. Interlocal Agreement with the City of Tukwila
E. Resolution with City of Auburn
F. Resolution with City of Burien
G. Resolution with Covington
H. Resolution with Tukwila
STAFF RECOMMENDATION:
To approve the interlocal agreements with the City of Auburn, City of Burien, City of Covington, and City of
Tukwila respectfully for their utilization of Renton’s electronic home monitoring program for eligible offenders
sentenced by participant’s municipal court.
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of AUBURN For
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Auburn (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF AUBURN CITY OF RENTON
_________________________________
Nancy Backus, Mayor
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________________
Harry Boesche, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of BURIEN for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Burien (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR8
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM #7. g)
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CITY OF BURIEN CITY OF RENTON
_________________________________
Adolfo Bailon, City Manager
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Heather Dumlao, City Clerk
APPROVED AS TO FORM:
__________________________________
Garmon Newsom II, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
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EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
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INTERLOCAL AGREEMENT Between
The City of RENTON and The City of COVINGTON for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Covington (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
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PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR8
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
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RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 4 of 7
expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 5 of 7
under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF COVINGTON CITY OF RENTON
_________________________________
Regan Bolli, City Manager
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Krista Bates, City Clerk
APPROVED AS TO FORM:
__________________________________
Mark Orthmann, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of TUKWILA for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Tukwila (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 2 of 7
PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 3 of 7
RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM #7. g)
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expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM #7. g)
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under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM #7. g)
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CITY OF TUKWILA CITY OF RENTON
_________________________________
Thomas McLeod, Mayor
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
__________________________________
Kari Sand, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
Municipal Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF BURIEN FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME MONITORING
PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Burien (“Burien”) are authorized,
pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal
government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Burien each have the power and authority to perform the activity
of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Burien desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Burien’s jurisdiction and who are
sentenced by the King County District Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for Burien’s
use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring employees
and administrators;
AGENDA ITEM #7. g)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Burien for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES004:1/24/2024
AGENDA ITEM #7. g)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of BURIEN For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 1 of 7
INTERLOCAL AGREEMENT Between
The City of RENTON and The City of BURIEN for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Burien (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
AGENDA ITEM #7. g)
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PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR8
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
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RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
AGENDA ITEM #7. g)
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expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
AGENDA ITEM #7. g)
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under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM #7. g)
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CITY OF BURIEN CITY OF RENTON
_________________________________
Adolfo Bailon, City Manager
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Heather Dumlao, City Clerk
APPROVED AS TO FORM:
__________________________________
Garmon Newsom II, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
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EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF COVINGTON FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME
MONITORING PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Covington (“Covington”) are
authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an
interlocal government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Covington each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Covington desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Covington’s jurisdiction and who are
sentenced by the King County District Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for
Covington’s use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring
employees and administrators;
AGENDA ITEM #7. g)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Covington for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES005:1/24/2024
AGENDA ITEM #7. g)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of COVINGTON For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM #7. g)
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INTERLOCAL AGREEMENT Between
The City of RENTON and The City of COVINGTON for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Covington (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
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PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR8
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
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RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
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expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
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under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
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CITY OF COVINGTON CITY OF RENTON
_________________________________
Regan Bolli, City Manager
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Krista Bates, City Clerk
APPROVED AS TO FORM:
__________________________________
Mark Orthmann, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
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EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
King County District Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO SIGN AN INTERLOCAL AGREEMENT WITH THE CITY
OF TUKWILA FOR THE PURPOSE OF PROVIDING ELECTRONIC HOME
MONITORING PROGRAM AND RELATED SERVICES.
WHEREAS, the City of Renton (“Renton”) and the City of Tukwila (“Tukwila”) are
authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an
interlocal government cooperative agreement; and
WHEREAS, Renton operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance
which can monitor the location, movement and specific behavior of persons within the
framework of the criminal justice process; and
WHEREAS, Renton and Tukwila each have the power and authority to perform the activity
of supervision of persons within the jurisdiction of the criminal justice system; and
WHEREAS, Tukwila desires to use, and Renton desires to provide, Renton’s electronic
home monitoring program for eligible offenders within Tukwila’s jurisdiction and who are
sentenced by the Tukwila Municipal Court or any other court with the authority to adjudicate
violations of applicable law; and
WHEREAS, Renton’s electronic home monitoring program will be available for Tukwila’s
use subject to the discretion and capabilities of Renton’s Electronic Home Monitoring employees
and administrators;
AGENDA ITEM #7. g)
RESOLUTION NO. _______
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to sign and enter into an
interlocal agreement, attached hereto as Exhibit “A” and incorporated by this reference, with the
City of Tukwila for the purpose of providing electronic home monitoring and related services.
PASSED BY THE CITY COUNCIL the day of , 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PD:24RES006:1/24/2024
AGENDA ITEM #7. g)
RESOLUTION NO. _______
3
EXHIBIT “A”
INTERLOCAL AGREEMENT Between
The City of RENTON and the City of TUKWILA For
ELECTRONIC HOME MONITORING PROGRAM and RELATED
SERVICES
AGENDA ITEM #7. g)
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INTERLOCAL AGREEMENT Between
The City of RENTON and The City of TUKWILA for
ELECTRONIC HOME MONITORING PROGRAM and RELATED SERVICES
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies to
contract with other public agencies to perform governmental activities and deliver public services; and
WHEREAS, the City of Renton (RENTON) and the City of Tukwila (PARTICIPANT) are public
agencies as defined in RCW 39.34.020 (hereafter “Parties”); and
WHEREAS, RENTON operates an electronic home monitoring (EHM) program for eligible
offenders, which complies with the requirements of 9.94A.736; and
WHEREAS, electronic home monitoring is a general term referring to forms of surveillance which
can monitor the location, movement and specific behavior of persons within the framework of the
criminal justice process; and
WHEREAS, the Parties to this Agreement each have the power and authority to perform the
activity of supervision of persons within the jurisdiction of the criminal justice system (“offenders”); and
WHEREAS, the PARTICIPANT desires to utilize RENTON’S electronic home monitoring program
for eligible offenders sentenced by PARTICIPANT’S municipal court; and
WHEREAS, RENTON agrees to provide electronic home monitoring services to PARTICIPANT
under the terms and conditions of this agreement;
NOW THEREFORE, it is agreed that the foregoing PURPOSE statement and corresponding
recitals are hereby ratified and accepted as part of this AGREEMENT, and, in consideration of the mutual
promises and covenants herein contained, the Parties agree as follows:
I. ELECTRONIC HOME MONITORING PROGRAM
A. SCOPE OF SERVICES
RENTON agrees to perform EHM services to PARTICIPANT consistent with the program of
electronic home monitoring described in the above PURPOSE and RECITALS and consistent with EXHIBIT
A, which is attached hereto and incorporated herein. Such services may be referred to herein as the
“Program.”
The Parties may agree to changes or additions to this AGREEMENT only upon execution of a
written amendment. If the changes will result in additional labor or expenses incurred by RENTON,
PARTICIPANT agrees to reasonably compensate RENTON for such additional labor or expenses.
Upon the approval of any eligible sentencing court, PARTICIPANT may enroll eligible offenders
into RENTON’S EHM Program, subject to RENTON’S written approval. In order to properly manage
resources within the RENTON EHM program and provide services to the Renton Municipal Court, there
may be instances when offenders from participating jurisdictions other than RENTON (such as
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PARTICIPANT) will have to wait or will be unable to enroll some offenders in the program, despite the
existence of this signed AGREEMENT. RENTON is under no obligation to accept every offender referred
to the program by PARTICIPANT. RENTON reserves the right to accept or deny offenders based on
limitations of resources, offender eligibility or any other reasonable criteria, as determined solely by
RENTON.
B. TERM
The term of this AGREEMENT commences on January 1, 2024 and will expire on December 31,
2028 (hereafter the term), unless extended by mutual agreement of the Parties. This AGREEMENT shall
apply until either party terminates the agreement in accordance with the terms herein (See Section II.B
“Termination”). Written notice of specific intent to terminate this Agreement will not be valid and
enforceable so long as PARTICIPANT’S offenders are active in the program.
C. COMPENSATION
PARTICIPANT shall compensate RENTON for the services provided under this AGREEMENT at the
rates stated in EXHIBIT A. Such rates may change from time to time as the expenses incurred by RENTON
change. However, the rates charged pursuant to Exhibit A will remain in effect for no less than two years
following the effective date of this AGREEMENT. If PARTICIPANT is notified of a rate change after the first
two years, PARTICIPANT and RENTON agree to work in good faith to enact all necessary amendments to
this Agreement to reflect those necessary changes. If the Parties do not come to an agreement as to an
amendment in accordance with this provision, RENTON reserves the right to prohibit PARTICIPANT from
enrolling any new offenders into the Program. RENTON shall submit monthly invoices for services
completed during the previous month. PARTICIPANT shall make all necessary payments to RENTON (c/o
The City of Renton Finance Department) within thirty (30) days of PARTICIPANT’S receipt of a monthly
invoice.
D. ADMINISTRATOR
This AGREEMENT will be administered by RENTON’S Chief of Police, or his or her designee.
E. EQUIPMENT
If the EHM equipment is damaged, lost, or stolen while in the possession of an offender assigned
to the EHM program by PARTICIPANT, PARTICIPANT shall reimburse RENTON the full cost to repair or
replace such equipment. Depending upon which type of equipment is damaged, lost or stolen, and the
cost to repair or replace the equipment, RENTON will make a determination of whether the equipment
will be repaired or replaced at RENTON’S sole discretion. RENTON will give PARTICIPANT a written invoice
detailing the cost to repair or replace the equipment.
An offender assigned to the EHM program by PARTICIPANT may not attempt to alter or otherwise
tamper with the equipment and PARTICIPANT agrees to assume financial responsibility for any loss or
damage to the equipment during its use by the PARTICIPANT.
F. NO WARRANTIES
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RENTON makes no warranties, express or implied including warranties of fitness for a particular
purpose of merchantability in connection with this AGREEMENT. RENTON is not responsible for any
injuries, damages, or losses to any person or to any property, regardless of owner, caused by the misuse,
improper activation, or improper maintenance of the equipment, or the failure to connect to, or the
inability to access user interfaces to monitoring services, the failure to follow any instructions or abide by
any polices related thereto or to monitoring services or other services, or the failure of the same to
operate as anticipated, including, without limitation, as a result of any defects in the manufacturing or
programming of the same or any failure of equipment, monitoring and other services, or any failure of
user interfaces to monitoring services to operate for any reason, other than any such injuries, damages or
losses to the extent caused by the sole negligence of RENTON.
II. GENERAL PROVISIONS
A. AMENDMENTS
This AGREEMENT may be amended in writing at any time by mutual consent of the parties
hereto and such amendments shall take effect immediately. In event of any conflict between the
provision of this AGREEMENT and the provisions of the amendment the provisions of the amendment
shall control.
B. TERMINATION
Either Party may terminate this AGREEMENT at any time, with or without cause, by giving sixty
(60) business days written notice to the other. In the event this AGREEMENT is terminated, PARTICIPANT
shall pay RENTON the amount due for actual work and services actually performed under the
AGREEMENT as of the effective date of such termination.
C. FORCE MAJEURE
Neither party shall be liable for any loss, damage, detention, failure to perform or delay
resulting from any cause whatsoever beyond the Party’s reasonable control or resulting from a force
majeure (unforeseeable circumstance(s)) including, without limitation, fire, flood, strike, lockout, civil or
military authority, insurrection, acts of terrorism, war, embargo, public health emergency, power
outages, downed cell sites, internet connection problems or similar causes.
The Parties acknowledge that equipment, monitoring and other services shall not prevent, nor
are intended to prevent any offender assigned to the EHM program by PARTICIPANT from committing
any harmful or illegal acts. The Parties further acknowledge that it may be possible for an offender to
remove the equipment by unauthorized means, and that the Parties each expressly disclaim any liability
for any harmful, tortious, or illegal acts committed by such offender while using the equipment, as well
as any liability for any acts committed by an offender who removes the equipment and subsequently
engages in any harmful, tortious, or illegal acts.
D. HOLD HARMLESS
Each Party shall defend, indemnify, and hold the other harmless from and against any and all
claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and
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expenses, including but not limited to reasonable attorneys’ fees, resulting from damage to property or
bodily injury, including death, to the extent caused by a Party’s breach of this AGREEMENT or the
negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or
appointed. The foregoing indemnity specifically covers actions brought by each Party’s own employees,
and each Party agrees that the foregoing provision is specifically and expressly intended to constitute a
waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party
or Parties entitled to indemnity and only to the extent necessary to provide a full and complete
indemnity as required under this section. The indemnification obligation provided in this section shall
survive the expiration or earlier termination of this AGREEMENT for the duration of any applicable
statute of limitations.
E. RECORD KEEPING
The Parties shall keep adequate records related to this AGREEMENT and will allow the other
Party to review those records upon request. Such records are public records in accordance with Chapter
42.56 RCW, and will be retained by the Parties for as long as may be required under the applicable
Washington public records retention schedule.
F. CONSTRUCTION
The Parties intend this AGREEMENT to be a valid and legal document pursuant to the authority
given to agencies under Washington state law. This AGREEMENT shall be construed according to its fair
meaning and not strictly for or against RENTON or PARTICIPANT, as if each of RENTON and PARTICIPANT
had prepared it.
G. NO WAIVER
The Parties acknowledge and agree that any delay or failure by a Party to enforce its rights
under this AGREEMENT does not prevent that party from enforcing any rights at a later time.
H. JURISDICTION & VENUE
This AGREEMENT shall be governed, interpreted and construed under the laws of the State of
Washington. Any and all disputes arising out of or relating to this AGREEMENT shall be resolved in the
venue of the King County Superior Court.
I. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT is intended for the exclusive benefit of RENTON and PARTICIPANT and their
respective permitted assigns and is not intended and shall not be construed as conferring any benefit on
any third-party or the general public.
J. SEVERABILITY
Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to
be valid under applicable law; but, if any provision of this AGREEMENT shall be invalid or prohibited
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under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition
without invalidating the remainder of such provision or the remaining provisions of this AGREEMENT.
K. HEADINGS
The headings used in this AGREEMENT are for convenience only and shall not be used to limit or
construe the contents of any of the sections of this AGREEMENT.
L. NOTICES
Except for routine operational communications, which may be delivered personally or
transmitted by email, all notices required by this AGREEMENT shall be considered properly delivered (1)
when personally delivered, or (2) on the day following mailing, postage prepaid, certified mail, return
receipt requested, or (3) one (1) day after depositing in overnight carrier, e.g., Federal Express, UPS.
Notices required under this AGREEMENT shall be delivered to the parties at the following addresses:
City of RENTON
To:
PARTICIPANT
To:
Address:
Address:
M. ENTIRE AGREEMENT:
This AGREEMENT constitutes the entire AGREEMENT between the parties hereto and there are
no covenants, terms or conditions, expressed or implied, other than as set forth or referred to herein.
This AGREEMENT supersedes all prior agreements between the parties hereto relating to all or part of
the subject matter herein. No party has made any representations, oral or written, modifying or
contradicting the terms of this AGREEMENT. The parties may not amend, modify or cancel this
AGREEMENT except as provided herein or by a written agreement signed by all parties to this
AGREEMENT.
N. ACKNOWLEDGEMENT:
The parties acknowledge that they have had an opportunity to fully examine this AGREEMENT
and completely understand its terms, and that they approve the same including all of the terms and
conditions.
O. AUTHORITY OF SIGNER:
By signing below, the signors of this AGREEMENT certify that for each Party they have all proper
authority necessary to bind the Party hereto, pursuant to its Articles, Bylaws, statutory or other charter,
ordinances, laws, or any other rules governing such authority.
IN WITNESS WHEREOF, each of the parties has executed this AGREEMENT effective as of the date
and year first set forth above.
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 6 of 7
CITY OF TUKWILA CITY OF RENTON
_________________________________
Thomas McLeod, Mayor
__________________________________
Armondo Pavone, Mayor
ATTEST:
_________________________________
Christy O’Flaherty, City Clerk
APPROVED AS TO FORM:
__________________________________
Kari Sand, City Attorney
ATTEST:
___________________________________
Jason Seth, City Clerk
APPROVED AS TO FORM:
__________________________________
Shane Moloney, City Attorney
AGENDA ITEM #7. g)
INTERLOCAL AGREEMENT FOR ELECTRONIC HOME MONITORING SERVICES Page 7 of 7
EXHIBIT A
MINIMUM REQUIRED ELEMENTS OF THE ELECTRONIC HOME MONITORING
PROGRAM PROVIDED BY THE CITY OF RENTON
1. PLACEMENT INTO PROGRAM AND ASSESSMENT OF FEES:
Municipal Court Judges for PARTICIPANT (Hereafter, “Court”) will have the discretion to place
misdemeanor offenders into the EHM program as an alternative to incarceration. The PARTICIPANT’S
Court will establish the terms and conditions of electronic monitoring for each offender; and communicate
those terms and conditions to RENTON EHM. RENTON EHM reserves the right to monitor an offender at
a higher level of monitoring than ordered by the court if deemed appropriate by RENTON EHM. No
additional cost will be incurred by PARTICIPANT or offender for a higher level of monitoring.
Acceptance of an offender into the RENTON EHM program is at the discretion and capabilities of RENTON
EHM Employees and Administration. If Renton EHM is unable to enroll an offender into the program, the
Court will be notified by Renton EHM. PARTICIPANT’S Probation Department and/or the Court will be
notified when an offender begins monitoring and when the offender successfully completes serving a
EHM commitment. All fees must be paid in full (if the commitment is paid for by the offender) before the
commitment will be considered successfully completed.
2. EQUIPMENT:
The Equipment will be able to track offenders through parameters set by the Court and within the
capabilities of the specific equipment including, but not limited to, offender locations and time the
offender remains at a particular location, and alcohol monitoring data.
3. MONITORING:
Offenders will be monitored 24 hours a day, 7 days a week through equipment. RENTON EHM
Employee(s) work a Monday through Friday schedule during normal business hours. RENTON EHM
employees will conduct follow up for any violations by first contacting the offender when made aware
that a violation has occurred. RENTON EHM Employee(s) will report Offenders who continue to be non-
compliant with the conditions of monitoring through appropriate contacts at the Court and/or Probation
Department of PARTICIPANT. RENTON shall provide technical assistance for issued equipment.
4. CUSTOMER SUPPORT:
RENTON shall provide customer service to PARTICIPANT as reasonably necessary to provide assistance to
and to update PARTICIPANT on any changes or updates to issued equipment and operation of the EHM
program.
5. COST:
Installation and monitoring of EHM offenders will be billed to PARTICIPANT at a rate of: $36.00 ($18.00
for equipment; $18.00 for administration services) per active day, or $252.00 minimum charge (7 days
or less) per offender. Installation and Alcohol-only monitoring of offenders using TAD (Transdermal
Alcohol Device) alcohol monitoring devices will be billed at a rate of $36.00 per active day per offender
($18.00 for equipment; $18.00 for administration services). Installation and monitoring of EHM
offenders with court ordered alcohol monitoring will be billed at a rate of $36.00 per active day per
offender ($18.00 for equipment; $18.00 for administration services).
AGENDA ITEM #7. g)
AB - 3508
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Request for Lease Assignment for Renton Gateway Center, LLC LAG-
09-006
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Airport
STAFF CONTACT: Martin Pastucha, Public Works Administrator
EXT.: 7311
FISCAL IMPACT SUMMARY:
The City will continue to receive the lease revenue on a monthly basis of $11,363.51 per month plus leasehold
excise tax.
SUMMARY OF ACTION:
The City and Renton Gateway Center, LLC entered into a lease agreement LAG-09-006 on October 7, 2009, for the
ground lease of 750 Perimeter Road at the Renton Airport. The lease on this parcel began on October 7, 2009, and
expires on October 31, 2045. The Renton Gateway Center, LLC has a wholly owned subsidiary Pro-Flight Aviation which
is one of two Fixed Base Operators at the Renton Airport. Pro-flight Aviation is a Specialized Fixed Base Operator (SFBO)
at the airport that in addition to providing fuel, tie-downs, and ramp service also provides hanger storage, charter
aircraft, and aircraft maintenance services.
The owners of Renton Gateway, LLC have provided the city with a notice of intent to sell their business and assets to
FBO Capital Group Management LLC dba Dark Horse Aviation. Dark Horse Aviation provided the city with a Business
Plan Overview and Lease Transfer Request that shows a sample of their experience as well as describes their process for
reviewing and transitioning Pro-Flight Aviation into their existing operations. They have described this transition over 3
steps and approximately 12-18 months.
Because of the privacy concerns of individual investors at the airport, the city has a process for review of the financial
capacity of a Lessee to operate a business at the Airport. This review includes a review of projected incomes and
business plans, the schedule of debt payments and lease obligations, the credit report of principals, ratio of asset to
liabilities, debt coverage ratio, and net worth of individual investors. This review was undertaken in the months of
December and January by staff with the assistance of an independent reviewer. The proposed new owners FBO Capital
Group Management, have met all the financial capacity requirements contained in the Renton Airport Leasing Policies.
In addition, they have agreed to follow and meet the Airport Regulations and Minimum Standards for operations of a
Specialized Fixed Base Operator.
EXHIBITS:
A. Assignment and Assumption of Ground Lease LAG-09-006
B. Assignment and Assumption of Sub Ground Lease LAG-99-002
C. Business Plan Overview and Lease Transfer Request
STAFF RECOMMENDATION:
Based upon the financial capacity analysis and statement of intent to meet the airport minimum standards, the staff
recommends approval of the transfer of leasehold interest in land, buildings, and facilities at the Renton Airport from
Renton Gateway LLC to FBO Capital Group Management dba as Dark Horse Aviation.
AGENDA ITEM #7. h)
1
ASSIGNMENT AND ASSUMPTION OF GROUND LEASE
THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE (this “Assignment”) is
executed and delivered as of the ___ day of ______________, 2024 (the “Effective Date”), by Renton
Gateway Center, LLC, a Washington limited liability company (“Assignor”), to and in favor of RNT 750
LLC, a Delaware limited liability company (“Assignee”).
WITNESSETH:
WHEREAS, Assignor is the owner of that certain ground leasehold estate created by that Ground
Lease dated October 7, 2009 (known as City of Renton LAG-09-006, as amended by its Amendments 1-
11, 2-15, and 3-17) (collectively referred to hereafter as the “Ground Lease”), a copy of which is attached
hereto as Schedule 3, by and between the City of Renton, a municipal corporation and political subdivision
of the State of Washington, as “landlord” (the “City”), and Assignor, as the current “tenant” which Ground
Lease recorded in King County, Washington on April 28, 2010 under that certain Recording No.
20100428000074 and pertaining to the land described in Schedule 1 attached hereto (the “Leased
Premises”); and
WHEREAS, Assignor desires to sell, assign, and convey to Assignee, and Assignee desires to
accept all of Assignor’s right, title and interest in the ground leasehold estate created by the Ground Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The recitals set forth above are true and correct and are incorporated herein. All
capitalized terms used but not otherwise defined herein shall have their respective meanings given to them
in the Ground Lease.
2. Assignment, Assumption, and Release. Assignor hereby SELLS, TRANSFERS,
ASSIGNS and CONVEYS unto Assignee, and Assignee hereby (i) accepts all of Assignor’s right, title, and
interest in, to, or created by the Ground Lease and (ii) assumes all of Assignor’s duties, covenants, and
obligations under the Ground Lease to be performed by the lessee thereunder to the extent first arising or
accruing on or after the Effective Date, TO HAVE AND TO HOLD Assignor’s interest in the Ground
Lease, together with all of Assignor’s right, title, and interest in and to the rights and appurtenances,
including improvements, structures, and fixtures located thereon or thereunto in anywise belonging, unto
Assignee and Assignee’s successors and assigns forever.
3. Indemnification. Assignee shall hold harmless, indemnify, and defend Assignor and
Assignor’s successors and assigns, as to any and all losses, costs, damages, expenses (including reasonable
attorneys’ fees), claims and/or causes of action (collectively, “Losses”) to the extent arising from or relating
to Assignee’s performance or non-performance of the lessee’s obligations pursuant to the Ground Lease
which first arise on or after the Effective Date of this Assignment. Assignor shall hold harmless, indemnify,
and defend Assignee and Assignee’s successors and assigns, as to any and all Losses to the extent arising
from or relating to Assignor’s performance or non-performance of the lessee’s obligations pursuant to the
Ground Lease which first arose prior to the Effective Date of this Assignment.
4. Permitted Encumbrances. This Assignment is executed by Assignor and accepted by
Assignee subject to those matters of title set forth on Schedule 2 attached hereto and incorporated herein
by reference, but only to the extent the same do, in fact, exist and are applicable to the Leased Premises
(the “Permitted Encumbrances”).
AGENDA ITEM #7. h)
2
5. City Consent and Estoppel. Pursuant to its signature below, City hereby (i) consents to this
Assignment, and (ii) represents and warrants to Assignee that as of the Effective Date (A) the Ground Lease
is in full force and effect, (B) there are no events of default existing under the Ground Lease by either
Assignor or City, (C) there is no condition existing that, with the passing of time or delivery of notice, or
both, would constitute a default or event of default under the Ground Lease, (D) the security deposit held
by the City under the Ground Lease equals $0.00, (E) the expiration date of the Ground Lease is October
31, 2045, and (F) the Minimum Monthly Rent under the Ground Lease as of the Effective Date is
$11,363.51 (plus Leasehold Excise Tax). This Assignment shall not be effective or applicable to either
party until the City has consented below in writing to the assignment and assumption of the Ground Lease.
The parties agree to execute any further assignment or other form required by the City to evidence the
assignment of the Ground Lease; provided however, as between Assignor and Assignee, this Assignment
shall control to the extent of any conflicts between this Assignment and any assignment or other form
required by the City.
6. Governing Law. This Assignment shall be governed by the internal laws of the State of
Washington, without regarding to any conflicts of law analysis.
7. Binding Effect. This Assignment shall apply to and inure to the benefit of, and be binding
upon and enforceable against the parties hereto and their respective heirs, successors, administrators and
assigns, to the same extent as if they were original parties hereto.
8. Exhibits and Schedules. All exhibits and schedules referenced in this Assignment are
incorporated herein by reference.
9. Counterparts. This Assignment may be executed in any number of counterparts with the
same effect as if all parties hereto had signed the same document. All such counterparts shall be construed
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart.
[SIGNATURE AND NOTARY PAGES FOLLOW]
AGENDA ITEM #7. h)
3
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to be executed
as of the day and year first above written.
ASSIGNOR:
RENTON GATEWAY CENTER, LLC
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
4
ASSIGNEE:
RNT 750 LLC
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
5
CITY:
CITY OF RENTON
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
Schedule 1 to Assignment and Assumption of Ground Lease
Schedule 1
Legal Description
That portion of the South Half of Section 7, Township 23 North, Range 5 East, W. M., in King City,
Washington, described as follows:
Commencing at the South Quarter corner of said Section 7, which bears South 88°31'14" East, 2,483.39
feet from the Southwest corner of said Section 7;
Thence North 85°11'07" East, 321.35 feet to the centerline of Taxiway A";
Thence North 04°48'53" West, along said Taxiway "A", 1,834.03 feet;
Thence South 85°11'07" West, 89.00 feet to the Point of Beginning;
Thence South 85°02'37" West, 245.40 feet;
Thence North 10°08'22" West, 9.37 feet;
Thence North 84°06'24" East, 19.79 feet;
Thence North 05°32'08" West, 28.82 feet;
Thence South 85°23'03" West, 21.41 feet;
Thence North 07°30'19" West, 493.14 feet;
Thence North 85°10'50" East, 271.40 feet;
Thence South 04°48'53" East, 530.60 feet to the Point of Beginning.
Situate in the City of King, State of Washington.
AGENDA ITEM #7. h)
Schedule 1 to Assignment and Assumption of Ground Lease
Schedule 2
Permitted Encumbrances
Permitted Encumbrances shall include only those matters of public record applicable to the land upon
which the Hangar Improvements are located as set forth in that certain Proforma ALTA Owner’s Policy
of Title Insurance dated January 25, 2024 issued to RNT 750 LLC under File No. 230002000945, or such
final ALTA Owner’s Policy issued by Stewart Title Guaranty Company under the same file number.
AGENDA ITEM #7. h)
Schedule 3 to Assignment and Assumption of Ground Lease
Schedule 3
Ground Lease
ASSIGNEE ACKNOWLEDGES SEPARATE RECEIPT OF GROUND LEASE
_______
(Initials)
AGENDA ITEM #7. h)
1
ASSIGNMENT AND ASSUMPTION OF SUB GROUND LEASE
THIS ASSIGNMENT AND ASSUMPTION OF SUB GROUND LEASE (this “Assignment”) is
executed and delivered as of the ___ day of ______________, 2024 (the “Effective Date”), by Pro Flight
Aviation, Inc., a Washington corporation (“Assignor”), to and in favor of RNT 750 LLC, a Delaware
limited liability company (“Assignee”). Assignor and Assignee may be referred to as a “Party” or the
“Parties”.
WITNESSETH:
WHEREAS, Assignor is the owner of that certain sub ground leasehold estate created by that
Sublease Agreement dated on or about December 30, 2010 (as amended) (the “Sub Ground Lease”), a copy
of which is attached hereto as Schedule 3, by and between the 540 Renton Hangar LLC, a Washington
limited liability company as “Sublessor” (“540 Renton”), and Assignor, as the current “Sublessee”
pertaining to the land described in Schedule 1 attached hereto (the “Sub Leased Premises”); and
WHEREAS, the Sub Ground Lease is part of and subordinate to that certain master ground lease
agreement between the City of Renton (“City”) as “Lessor” and 540 Renton as “Lessee” dated August 1,
1998 known as LAG 99-002, as amended by its Amendments: 1-04, 2-08, 3-09, 4-10, 5-13, 6-16, and 7-
18; (collectively referred to hereafter as the “LAG Lease”), pertaining to the land described in Schedule 2
attached hereto (the “LAG Lease Premises”).
WHEREAS, Assignor desires to sell, assign, and convey to Assignee, and Assignee desires to
accept all of Assignor’s right, title and interest in the Sub Ground Lease.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The recitals set forth above are true and correct and are incorporated herein. All
capitalized terms used but not otherwise defined herein shall have their respective meanings given to them
in the LAG Lease and Sub Ground Lease, as applicable.
2. Assignment, Assumption, and Release. Assignor hereby SELLS, TRANSFERS,
ASSIGNS and CONVEYS unto Assignee, and Assignee hereby (i) accepts all of Assignor’s right, title, and
interest in, to, or created by the Sub Ground Lease and (ii) assumes all of Assignor’s duties, covenants, and
obligations under the Sub Ground Lease to be performed by the Sublessee thereunder to the extent first
arising or accruing on or after the Effective Date, TO HAVE AND TO HOLD Assignor’s interest in the
Sub Ground Lease, together with all of Assignor’s right, title, and interest in and to the rights and
appurtenances, including improvements, structures, fuel tanks, equipment and fixtures located thereon or
thereunto in anywise belonging, unto Assignee and Assignee’s successors and assigns forever.
3. Indemnification. Assignee shall hold harmless, indemnify, and defend Assignor and
Assignor’s successors and assigns, as to any and all losses, costs, damages, expenses (including reasonable
attorneys’ fees), claims and/or causes of action (collectively, “Losses”) to the extent arising from or relating
to Assignee’s performance or non-performance of the Sublessee’s obligations pursuant to the Sub Ground
Lease which first arise on or after the Effective Date of this Assignment. Assignor shall hold harmless,
indemnify, and defend Assignee and Assignee’s successors and assigns, as to any and all Losses to the
extent arising from or relating to Assignor’s performance or non-performance of the Sublessee’s obligations
pursuant to the Sub Ground Lease which first arose prior to the Effective Date of this Assignment.
AGENDA ITEM #7. h)
2
4. Permitted Encumbrances. This Assignment is executed by Assignor and accepted by
Assignee subject to those matters of title set forth on Schedule 4 attached hereto and incorporated herein
by reference, but only to the extent the same do, in fact, exist and are applicable to the Sub Leased Premises
(the “Permitted Encumbrances”).
5. City Consent; Estoppel; Recognition. Pursuant to its signature below, City hereby (i)
consents to this Assignment, and (ii) represents and warrants to Assignee that as of the Effective Date (A)
the LAG Lease is in full force and effect, (B) there are no events of default existing under the LAG Lease
by either 540 Renton or City, (C) there is no condition existing that, with the passing of time or delivery of
notice, or both, would constitute a default or event of default under the LAG Lease, and (D) the expiration
date of the LAG Lease is July 31, 2028. The City further agrees that if the LAG Lease is terminated by the
City prior to July 31, 2028 the City will recognize the Sub Ground Lease as a direct agreement between
City and Assignee until July 31, 2028, subject to Assignee remaining in compliance with the Sub Ground
Lease and negotiating in good faith with the City for a new lease agreement. This Assignment shall not be
effective or applicable to either Party until the City has consented below in writing to the assignment and
assumption of the Sub Ground Lease. The Parties agree to execute any further assignment or other form
required by the City to evidence the assignment of the Sub Ground Lease; provided however, as between
Assignor and Assignee, this Assignment shall control to the extent of any conflicts between this Assignment
and any assignment or other form required by the City.
6. 540 Renton Consent and Estoppel. Pursuant to its signature below, 540 Renton hereby (i)
consents to this Assignment, and (ii) represents and warrants to Assignee that as of the Effective Date (A)
the Sub Ground Lease is in full force and effect, (B) there are no events of default existing under the Sub
Ground Lease by either Assignor or 540 Renton, (C) there is no condition existing that, with the passing of
time or delivery of notice, or both, would constitute a default or event of default under the Sub Ground
Lease, (D) the security deposit held by 540 Renton under the Sub Ground Lease equals $0.00, (E) the
expiration date of the Sub Ground Lease is July 31, 2028, and (F) the monthly rent under the Sub Ground
Lease as of the Effective Date is $634.00. This Assignment shall not be effective or applicable to either
Party until 540 Renton has consented below in writing to the assignment and assumption of the Sub Ground
Lease.
7. Governing Law. This Assignment shall be governed by the internal laws of the State of
Washington, without regarding to any conflicts of law analysis.
8. Binding Effect. This Assignment shall apply to and inure to the benefit of, and be binding
upon and enforceable against the parties hereto and their respective heirs, successors, administrators and
assigns, to the same extent as if they were original parties hereto.
9. Exhibits and Schedules. All exhibits and schedules referenced in this Assignment are
incorporated herein by reference.
10. Counterparts. This Assignment may be executed in any number of counterparts with the
same effect as if all parties hereto had signed the same document. All such counterparts shall be construed
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart.
[SIGNATURE AND NOTARY PAGES FOLLOW]
AGENDA ITEM #7. h)
3
IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to be executed
as of the day and year first above written.
ASSIGNOR:
PRO FLIGHT AVIATION, INC.,
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
4
ASSIGNEE:
RNT 750 LLC
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
5
CITY:
CITY OF RENTON
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
6
CITY:
540 RENTON HANGAR LLC,
By:
Name:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this __ day of , 2024, before me personally appeared , to me
known to be the of , the company that
executed the within and foregoing instrument, acknowledged said instrument to be the free and voluntary
act of said corporation, for the uses and purposes therein mentioned, and on oath stated he/she was
authorized to execute said instrument for said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first
above written.
Notary Public for the State of Washington
My Commission expires:
Printed Name:
AGENDA ITEM #7. h)
Schedule 1 to Assignment and Assumption of Ground Lease
Schedule 1
SUB LEASED PREMISES
AGENDA ITEM #7. h)
Schedule 2 to Assignment and Assumption of Ground Lease
Schedule 2
LAG LEASE PREMISES
AGENDA ITEM #7. h)
Schedule 3 to Assignment and Assumption of Ground Lease
Schedule 3
Sub Ground Lease
ASSIGNEE ACKNOWLEDGES SEPARATE RECEIPT OF SUB GROUND LEASE
_______
(Initials)
AGENDA ITEM #7. h)
Schedule 4 to Assignment and Assumption of Ground Lease
Schedule 4
Permitted Encumbrances
Permitted Encumbrances shall include only those matters of public record applicable to the land upon
which the Hangar Improvements are located as set forth in that certain Proforma ALTA Owner’s Policy
of Title Insurance dated January 25, 2024 issued to RNT 750 LLC under File No. 230002000945, or such
final ALTA Owner’s Policy issued by Stewart Title Guaranty Company under the same file number.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 1
Business Plan Overview a nd Lease Transfer Request
Purchase of Pro-Flight Aviation
&
Renton Gateway Center
750 Perimeter Road, Renton, WA
Presented to City of Renton
Mr. Martin Pastucha
November 28 , 2023
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 2
Business Presentation Solutions
Solutions for Small Business & General Aviation
Leter of Transmital
November 28, 2023
Mr. Mar�n Pastucha
Public Works Administrator
City of Renton
1055 So. Grady Way
Renton, WA 98057
Ref: Leter of Transmital - Pro Flight Avia�on and Renton Gateway Center Business Development Plan
Dear Mr. Pastucha,
By way of introduc�on, our FBO consul�ng firm, Business Presenta�on Solu�ons, LLC has been engaged by Diane and Bernie
Paholke to facilitate the marke�ng and sale of their company which encompasses the Pro-Flight Avia�on FBO and its
accompanying FBO Terminal and Hangar facility, Renton Gateway Center. The en��es are located and doing business at 750 West
Perimeter Road on the Renton Municipal Airport.
My partner, Carl Muhs and I have been ac�vely involved as the lead principals with this engagement for approximately 24 months,
and as such, we are infinitely familiar with Pro-Flight’s owners and the company’s day-to-day opera�ons. We are also well
acquainted with Dark Horse Avia�on’s buyer group, including its founder and CEO, Jon Wenrich, and partners Michael Rodgers
and Kyle Cassidy.
As part of Dark Horse Avia�on’s submital package, we felt it important to lend both our insight into this transac�on and opinion
as to the importance of this change of ownership as it relates to the City of Renton’s long-term goals for the Renton Municipal
Airport.
I believe that our consul�ng firm’s perspec�ve is a unique one, since we have on-going engagements and numerous rela�onships
with a wide range of FBO owners in various sales across the U.S. When we began our ini�al engagement with the Paholkes, we
conducted extensive research into the FBO/General Avia�on marketplace as it relates to Seatle and the surrounding airports in
the region. This research helped us to reacquaint ourselves with the history of the Renton Municipal Airport as well as the
important role that Pro-Flight’s FBO plays there.
Over the past two years, my partner and I have interviewed several of the industry’s top poten�al suitors for the Pro-Flight
acquisi�on. Even though several of the poten�al buyers were well-known “players” in the FBO industry, Jon Wenrich and Kyle
Cassidy stood well apart from the rest. As experienced FBO owners and airport real estate developers, they immediately
recognized that their background would be a significantly posi�ve factor in this acquisi�on. They have the knowledge to develop
and transi�on the Pro-Flight opera�ons into an en�ty that can pivot toward the growing market of small-to-medium jet aircra�
that will be important to the Renton Airport. With Jon’s long-�me experience in the Seatle area, they understood that with the
changes, long-term development, and space limita�ons at Boeing Field which are leaning toward larger and larger corporate
aircra�, the Pro-Flight FBO provides them with a strong pla�orm from which they can grow and develop the fueling and line
services that are marketed and focused on this important market segment from day one.
With that in mind, from the City of Renton’s perspec�ve, the importance Dark Horse Avia�on’s acquisi�on of the Pro-Flight FBO
should be confident in the knowledge that Jon Wenrich and the Dark Horse management clearly recognizes the excep�onal
poten�al that exists as the new owner. It is clearly their goal to con�nue the legacy that Diane and Bernie have built over the last
30 years and to expand the offering of services into the future.
Accordingly, it is with my profound hope that you and your team will embrace Mr. Wenrich and the Dark Horse team with open
arms and that the City of Renton will provide consent to the transfer of the RGC ground lease without delay.
Please feel free to contact me directly if you have any ques�ons or need further informa�on.
Sincerely,
Michael Dye
President - Business Presenta�on Solu�ons, LLC
www.FBOsforSale.com
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 3
Introduc�on
This summary Business Plan document has been
prepared in order to provide the City of Renton with an
abbreviated introductory package of informa�on about
FBO Capital Group Management LLC d.b.a Dark Horse
Avia�on (“DHA”), Managing Partner of RNT FBO LLC and
RNT 750 LLC, rela�ve to the purchase of the Pro-Flight
Avia�on’s (“PFA”) Fixed Base Opera�on and the Renton
Gateway Center (RGC”) FBO Terminal & Hangar
facili�es, respec�vely, which are located at the Renton Municipal Airport (the “Airport”), 750 West
Perimeter Road, Unit No. 1, Renton, WA.
The purpose of this package is to present per�nent informa�on to the City of Renton with respect to Dark
Horse Avia�on’s principal ownership and partner group, its specific plans for transi�on of the PFA/RGC
en��es to new ownership a�er the sale, and concepts for development over the first 1 to 2 years.
Background
Pro-Flight Avia�on, Inc. was founded by Diane
and Bernie Paholke in 1994 when the couple
decided to start a small flying club and aircra�
rental business at the Renton Airport. In the
ensuing years, the demand for flight training
increased and the company developed into a
full-fledged flight training and aircra� rental
business. The local demand for aircra�
maintenance services led to a further
expansion and PFA expanded its services to
include fueling and line services in 2002 from
a small facility at the southwest corner of the
Renton Airport.
In 2009, a�er more than two (2) decades of
opera�ng from mul�ple terminal, office,
and/or hangar loca�ons on the Airport, the
Paholkes decided to develop a plan to consolidate their lines of business and avia�on services, and
opera�ons under one roof, at a single loca�on which included an FBO Terminal and several large condo-
style hangars. They envisioned a facility that would meet the demand for storage of larger aircra� at a
beneficial loca�on that would support their fueling, line, and flight training services.
Accordingly, in 2011 a�er several years of planning, development, and rela�onship building with the civic
and community groups which surround the Renton Municipal Airport; the Paholkes completed the Renton
Gateway Center to the overwhelming approval of the City of Renton and its ci�zenry.
Now, a�er almost 30 years at the helm of Pro-Flight Avia�on, it is clear that the Paholkes have quietly and
effec�vely built an excep�onal, well-known avia�on service organiza�on that serves the general avia�on
community at the Airport. Moreover, the Paholkes have made the decision to sell their companies and
move onto the next phase of their lives. Since their decision to sell, it has been their mission (and that of
their professional consultants) to iden�fy and atract a poten�al buyer that understands the important
role that Pro-Flight Avia�on has played over �me in the history of the Renton Municipal Airport.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 4
Accordingly, a�er almost two (2) years of earnest discussions with several key FBO industry players and
ac�ve buyers, the Paholkes have selected the Principals of Dark Horse Avia�on as their preferred buyer.
They believe that Dark Horse Avia�on is the ownership group that will carry on their legacy at KRNT and
who is capable of enhancing and expanding the level of general services that are so cri�cal to the Renton
Municipal Airport and the City of Renton.
Summary of Transac�on
Accordingly, as of Tuesday, November 21, 2023, the Principals of Pro-Flight Avia�on, Inc. and Renton
Gateway Center, LLC (Diane and Bernie Paholke) and the Principals of Dark Horse Avia�on (led by Mr. Jon
Wenrich as Founder & CEO), have entered into a binding purchase agreement for the sale of the assets.
Accordingly, it is the purpose of this document to provide the City of Renton (the “City”) with a
comprehensive package that will assist Dark Horse Avia�on in procuring the City’s approval of such as well
as transfer of the exis�ng ground leases that govern the rights of PFA/RGC to operate at the Airport.
Sellers: Mr. and Mrs. Bernard Paholke (Bernie & Diane)
Sellers’ Company: Pro-Flight Avia�on, Inc.
Sellers: Mr. and Mrs. Bernard Paholke (Bernie & Diane)
Sellers’ Company: Renton Gateway Center, LLC
Buyer Company Profile: FBO Capital Group Management, LLC d.b.a Dark Horse Avia�on
FBO Brand at Purchase: Pro-Flight Avia�on (es�mated to be rebranded by YE 2024)
Type of Sale: Asset
Timeline for Closing: Es�mated between January 9th and January 31st, 2024.
THIS SECTION INTENTIONALLY LEFT BLANK
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 5
November 21st, 2023
To: City of Renton
Aten�on: Mar�n Pastucha, Public Works Administrator
Dear Mar�n,
Thank you for mee�ng with Jon Wenrich, Michael Rodgers, and me last week. Per our discussion, Bernie
and I are in the process of beginning our re�rement, and we have agreed to sell Renton Gateway Center,
LLC, and Pro-Flight Avia�on to Special Purpose En��es (SPE’s) managed by FBO Capital Group
Management, LLC d.b.a Dark Horse Avia�on (“Dark Horse”).
We are officially reques�ng the City of Renton to begin the review process to approve Dark Horse. This is
a requirement of the ground leases. Per your instruc�ons, Jon Wenrich, Founder & CEO of Dark Horse, will
be providing the necessary documents to begin the process.
Per our discussion, �me is of the essence. We hope to close the sale and complete the transfer in mid-
January 2024.
If there is anything we can do to assist in this process, please let me know.
Sincerely,
Diane O Paholke
President
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 6
November 28, 2023
Mr. Mar�n Pastucha
Public Works Administrator
City of Renton
1055 So. Grady Way
Renton, WA 98057
Ref: Leter of Transmital - Pro Flight Avia�on and Renton Gateway Center Business Introduc�on and Request
Dear Mr. Pastucha,
Building on our discussions over the past few weeks, it is my pleasure submit this official introduc�on of Dark Horse
Avia�on, its summary Business Plan, and formal request for assignment approval of the Renton Gateway Center’s
ground lease and fuel farm sub groundlease at 750 and 540 West Perimeter Road, respec�vely, and Pro-Flight
Avia�on’s FBO Opera�ng Permit.
My partners and I have con�nued the pursuit of the Pro-Flight and Renton Gateway Center acquisi�ons for the past
18 months for two primary reasons: 1) The strong founda�on of staff, clients, and opera�ons me�culously built by
Diane and Bernie Paholke over nearly 30 years of service to the airport and far-reaching impact-for-good in the
surrounding community; and 2) Renton’s outstanding future to be the legi�mate first-class corporate reliever for
light and midsize jets in the region.
Dark Horse is honored to be handed the baton anchoring the next leg of Renton’s race for excellence in the avia�on
community. Please hear me clearly that this race is not run, or won, with a flee�ng sprint; rather through a series of
baby steps, leading to a persistent walk, transi�oning to a sustainable and consistently improving run. What does
this mean in prac�ce? From the outside perspec�ve, litle in fact will appear to change at Pro-Flight for quite some
�me. I learned, while serving as a Humanitarian Pilot and Mechanic in the backcountry of Alaska, a valuable lesson
– the simple recipe for successful engagement and impact in a community: Listen, listen, and listen some more on
the way to daily earning trust.
City Leadership and Staff, exis�ng Renton Airport cons�tuents, and future patrons know what the community needs
and wants. Dark Horse’s job is to simply apply its extensive experience in FBO Opera�ons and Business-Avia�on Real
Estate development, and collec�ve ownership resources to deliver reliable infrastructure of varying kinds to meet
those goals.
As with any endeavor worth pursuing, growing pains and disagreements are inevitable. I will be the first to say we
will not be perfect, nor am I asking for the City of Renton to ensure Pro-Flight’s success.
What I am asking for is two-fold: 1) Respec�ully, your �mely approval and support of this applica�on for ownership
transi�on; and 2) enduring engagement and candid dialogue as fellow stakeholders and partners in the success and
reputa�on of the Renton Municipal Airport for the collec�ve advancement of the City of Renton and King County
communi�es.
On behalf of an eager team ready to listen, crawl, walk, and finally run, I am grateful for this opportunity to help pilot
the Renton Municipal Airport into the next phase of its renown as “Jet City.”
I invite you to contact me directly for further discussion or informa�on.
My Best,
Jon Wenrich
Founder & CEO – Dark Horse Avia�on
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 7
Dark Horse Avia�on - Principals’ FBO Background & Industry
Experience
Jon Wenrich | Founder & CEO
Prior to forming Dark Horse Avia�on in 2021, Jon began his avia�on
career as one of the 10% of professional pilots na�onwide dual rated as
an aircra� mechanic. Between 2014-2021 Jon led the business
development, design, and preconstruc�on efforts at Centrex – a
preeminent avia�on-specialist design and construc�on firm based in
Portland. His experience included over 3,000,000 SF of upscale Avia�on
Real Estate projects, and 500,000 SF of avia�on property management,
totaling over $200MM—all while rou�nely captaining the company’s
jet, including on several occasions to RNT.
Regarded as a Subject Mater Expert (SME) of Avia�on Real Estate with
over 10 years’ experience, Jon also served as a principal consultant for
the world’s largest avia�on real estate por�olio; and member of NATA’s Na�onal Airport Business
Commitee, co-chairing its NFPA 409 re-write subcommitee leading the industry’s efforts to eliminate
widespread and unnecessary environmental and property damages caused by accidental fire foam
discharges.
Jon has extensive experience in avia�on real estate, airport rela�ons, capital raising, flight department
opera�ons, property management, and rent op�miza�on.
Michael Rodgers | CFO & Partner
Previous to his arrival as partner in Dark Horse Avia�on, Michael served
full �me as the CFO of a private equity firm with investments in mul�ple
avia�on ver�cals. Prior to that, he spent more than 20 years in corporate
finance, most recently with JP Morgan where he focused on the Industrials
sector. Throughout his career, he has specialized in debt underwri�ng,
merger & acquisi�on advisory, and strategic consul�ng.
Michael received his MBA from the Cox School of Business at Southern
Methodist University, and BBA in Finance from Texas A&M University.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 8
Kyle C assidy | Partner
Prior to joining Dark Horse Avia�on, Kyle was a partner in the ACI Jet
Fixed Base Opera�on & Execu�ve Terminal Opera�ons at John Wayne
Airport (SNA) in Orange County, California. As Director of Opera�ons,
Cassidy oversaw ground and fueling opera�ons, IT & Business
systems, HR, accoun�ng, and procurement departments for the
company’s FBO division. With annual revenue of $40 million (ACI),
Cassidy is credited with winning a 35-year lease and ul�mate
development of a complex, 14-phase, 36-acre master planned
avia�on development at that Airport. Cassidy was also the Director of
Opera�ons for a family-owned real estate office located in Newport,
CA that boasted over $200+ in assets and development across CA and
Arizona, including the Southwest Jet Center in Scotsdale, AZ.
George Sumner | Partner
President & Owner, Legacy Avia�on
Legacy is an experienced mul�disciplinary investor which selec�vely
entertains investment opportuni�es with sponsor-partners. Legacy’s
interest in the niche asset class of avia�on real estate and opera�ng
companies stems from its affiliates’ century-long history in avia�on and as
business owners. Legacy Avia�on was formed with the vision of
developing world-class, private FBO and hangar complexes for corporate
aircra� owners and operators across the na�on. Current development
projects include a $40 million FBO development at John Wayne Airport in
Orange County, CA.
In addi�on to Legacy Avia�on and its avia�on investment por�olio, Mr.
Sumner serves on the Board of Directors and as a shareholder for Hartzel
Hardwoods & Hartzell Air Movement (beter known as Hartzell Propellers)
which are 145 -year-old organiza�ons, 100% family owned, based in Piqua,
OH. With combined revenue in excess of $150 million annually, George is the first 6th genera�on family
member to be elected to the Board of Directors.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 9
Dark Horse - FBO & General Avia�on Project Experience
The collec�ve Dark Horse Team’s FBO and Business Avia�on experience spans over 100+ airports, 30+
states, 10,000,000 square feet, and +$1Bn. Below is a collec�on of holdings and projects in the last 18
months under the Dark Horse umbrella.
City of Ft. Worth, Texas (“KFTW”)
Dark Horse Avia�on won the City of Ft. Worth’s Request for Proposal (“RFP”) at Ft. Worth Meacham
Interna�onal Airport (“FTW”) to develop a $20 million, 110,000 square foot Class-A hangar campus. The
project (shown below) has been approved by the Airport Advisory Board and is slated to break ground in
August 2024.
Rifle, Colorado (Aspen & Vail, Colorado) (“KRIL”)
Dark Horse Avia�on won the award to develop the main remaining parcel on the Rifle Airport (“KRIL”) in
Rifle, Colorado. Parcel is the highly visible, front-door, “beach-front property at KRIL. Development will
include an $18 million, 90,000 square foot Class-A hangar campus. KRIL is located approximately 44
nau�cal miles to the northwest of Aspen-Pitkin County Regional Airport.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 10
Phoenix, AZ - Mesa Gateway Airport (“KIWA”)
Project is a 73,825 square foot hangar campus acquired in September 2022. Facili�es are 100% leased.
Denton, TX – Denton Enterprise Airport (“KDTO”)
Project is a 20,000 square foot hangar/office complex which was sold in August 2023.
Vail/Eagle, CO – Eagle County Regional Airport (“KEGE”)
Project completed in March of 2022. 9,000 square foot hangar. Facility is 100% leased.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 11
Dark Horse Avia�on - Abbreviated Business Plan – Pro-Flight Avia�on
and Renton Gateway Center
It is evident from a review of the principal partners’ experience and the Company’s on-going opera�ons
and development projects, that Dark Horse Avia�on’s team members are eminently qualified to effec�vely
transi�on the Pro-Flight FBO into their exis�ng opera�ons.
The partners’ plan for transi�on and development of the Pro-Flight FBO is best described in three (3) Steps
or Phases. Their philosophy has been developed as a “Crawl”, “Walk”, “Run” approach, as described in the
following:
Development Goal No. 1 – (Crawl)
A�er an extensive review and analysis of the exis�ng PFA opera�ons, Mr. Wenrich believes that while the
Renton Airport market is poised for growth, it is also important to solidify the company’s rela�onships
with both exis�ng employees and their founda�on of direct hangar tenants, RNT-based owners and
operators, and transient customers. Con�nuity of Service is a key goal:
• Install Michael Dye and Carl Muhs, and their extensive FBO Ownership and Senior Execu�ve
Leadership experience, as interim President and COO of Pro-Flight to oversee the ownership
transi�on and ul�mately the direct mentorship of its permanent, locally based, General Manager
through the “Walk” phase.
• All current FBO employees will be offered employment with the hope of being retained, con�nuing
Dark Horse’s focus on advancing career opportuni�es and investment for all peoples, with an
emphasis on opening doors for women and minority communi�es.
• The FBO will offer both grades of avia�on fuel (Avgas and Jet-A).
• Star�ng in late 2Qtr 2024, coverage hours will be expanded beyond the historical summer hours
of 8am to 7pm hours daily.
• It is the intent that Pro-Flight will seek a vendor that can offer on-site rental cars, 24-hours daily.
• It is the intent to fill any hangar vacancies and improve fuel sales volume with light/mid-size Jets
currently based at BFI or those who are reposi�oning to BFI from other nearby airports on a
consistent basis. CBRE’s Na�onal Lead for Airport Proper�es, Katrin Gist and Ellen Watson – both
based in Seatle, will be engaged for sourcing these tenants.
Development Goal No. 2 – (Walk)
• With 6 to 12 months a�er transi�on, it is the intent that Dark Horse will ac�vely engage tenants
at BFI to u�lize RNT for both fuel and hangar storage. This will be accomplished by direct marke�ng
and sales calls to prospects at other airports.
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 12
• Inten�on is to submit an applica�on to City of Renton for future facility development on addi�onal
parcel(s).
Development Goal No. 3 – (Run)
• With 12 to 18 months a�er transi�on, the Pro-Flight FBO will be rebranded to reflect the next
chapter of service and pedigree at RNT. Rebrand may include exterior upgrades and refresh the
FBO interior.
• Staffing and personnel may be further expanded to ensure the evolving service coverage
requirements of the growing avia�on community RNT, par�ally generated by persistent
recruitment of transient aircra� patrons.
• The goal is to transi�on the Pro-Flight and Renton Airport reputa�ons from that of a primarily
piston service provider to a light/mid-size Jet Airport, in line with Renton’s DNA as “Jet City”.
Other Development/Opera�onal Goals
• Deployment of Line and Customer Service Training Programs: As part of the transi�on from Pro-
Flight to Dark Horse, the Company will immediately implement the deployment of new industry
training programs that specifically focus on customer service and customer care ini�a�ves for both
Line Service Technicians (LSTs) and Customer Service Representa�ves (CSRs).
• Implement & Expand FBO Marke�ng Programs: Dark Horse management and employees will focus
on implemen�ng a series of comprehensive marke�ng and adver�sing programs that will be directed
at the Jet market described above. An important goal will be to focus on communica�on with current
tenants, based and transient users, and atrac�ng new traffic to RNT. These marke�ng efforts and/or
programs may include the deployment of press releases, upda�ng of Pro-Flight’s website (currently
under construc�on), and selected industry adver�sing via the fuel supplier’s extensive co-op
programs.
• Fuel Supplier Review: It is the company’s expressed intent to review and analyze Pro-Flight’s exis�ng
fuel supplier arrangements and to seek/analyze compe��ve proposals from other qualified industry
suppliers. The purpose of this is to ensure that Pro-Flight/Dark Horse’s chosen supplier will be able
to provide the adequate support, assistance, programs, and customer support that will be needed to
ensure that the Dark Horse marke�ng efforts and plans for customer market expansion at the Renton
Municipal Airport will be successful.
• Opportuni�es for Environmental Sustainability: It is the company’s intent to entertain avenues to
incorporate environmentally sustainable enhancements to exis�ng and future opera�ons, such as
Sustainable Avia�on Fuel (“SAF”), Solar and Electrified-infrastructure.
THIS SECTION INTENTIONALLY LEFT BLANK
AGENDA ITEM #7. h)
DARK HORSE AVIATION – BUSINESS PLAN - KRNT 13
In addi�on to the above, Dark Horse Avia�on has engaged the services Business Presenta�on Solu�ons,
LLC and its two (2) prominent industry consultants to assist in facilita�ng the transi�on of Pro-Flight’s
opera�ons and employees.
Carl Muhs – Vice President Business Development
FBOsforSale.com/Business Presenta�on Solu�ons, LLC (“BPS”)
As the former President of Avflight’s FBO chain for over 20 years, Mr. Muhs
is a highly experienced FBO execu�ve and opera�onal expert. In his current
role at BPS, Muhs orchestrates the sales process for the company’s roster of
Clients who are engaged with BPS to sell their businesses. He is also well-
recognized as an expert in providing opera�onal assistance and targeted
consul�ng and transi�on guidance to FBO buyers before, during, and a�er
the sale closes.
Michael Dye – President
FBOsforSale.com/Business Presenta�on Solu�ons, LLC
Dye is both a former FBO owner and industry execu�ve for several large FBO
chains. He is an expert in FBO sales, acquisi�ons, and valua�ons, as well as
assis�ng the Company’s clients and buyers in the transi�on of employees,
customers, and financial/opera�onal func�ons.
END OF DOCUMENT
AGENDA ITEM #7. h)
AB - 3488
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Temporary Waiver of fees at City Center Parking Garage
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works Facilities Division
STAFF CONTACT: Jeff Minisci , Facilities Director
EXT.: 6643
FISCAL IMPACT SUMMARY:
Limited Fiscal Impact due to parking fee waivers. Parking fees were last collected in 2020 and the amount
collected was $9,630.00 per year.
SUMMARY OF ACTION:
Facilities Division requests theExtension of Ordinance 2286 toDecember 31, 2024, temporarily waiving parking
fees for periods of up to 10 hours at the CityCenterGarage. Although the pandemic has ended, downtown
businesses remain in recovery mode and actual usage of the garage remains low. This combined with City
project construction in the downtown impacting the availability of on-street parking. Providing sufficient,
convenient, and free parking at the garage will assist in the recovery effort for downtown. Allowing patrons
to utilize the garage without charge (for free) is important to ensuring that it remains an available option that
drivers will utilize either for multi-hour parking for longer downtown visits or for quicker visits, as well as times
when on-street parking options are limited. This waiver of parking fees will continue to provide assistance
with the downtown business recovery.
EXHIBITS:
A. Draft Ordinance
STAFF RECOMMENDATION:
Approve theOrdinanceExtending the Temporary Waiver of the City Center Parkingto waive parking fees for up
to 10 hours at the City Center Parking Garage until December 31, 2024.
AGENDA ITEM #7. i)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATING TO THE
TEMPORARY WAIVER OF PARKING FEES FOR THE CITY CENTER PARKING GARAGE
ESTABLISHED BY ORDINANCE NO. 5997 AND EXTENDED AND AMENDED BY
ORDINANCE NOS. 6018, 6039, AND 6065, IN RESPONSE TO THE OPERATIONAL
LIMITS ON BUSINESSES TO EXTEND THE TEMPORARY WAIVER OF PARKING FEES
FOR PARKING FOR PERIODS OF UP TO 10 HOURS WITHIN THE CITY’S CITY CENTER
PARKING GARAGE LOCATED AT 655 SOUTH 2ND STREET, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Center Parking Garage is an important asset for the downtown area
as it provides convenient parking for persons visiting downtown for events, dining, shopping,
recreation, and other business-related activities; and
WHEREAS, the actual usage of the garage remains fairly low. Allowing patrons to utilize
the garage without charge (for free) is important to ensuring that it remains an available option
that drivers will utilize either for multi-hour parking for longer downtown visits or for quicker
visits and times when on-street parking options are more limited; and
WHEREAS, construction of the nearby Williams Avenue streetscape improvements has
been slightly delayed and will extend into the first quarter of 2024. During construction, property
and business owners have been encouraged to recommend the garage and its free parking option
as an alternative place to park for customers and employees. Leaving the free parking in place
during 2024 allows the streetscape improvements team to continue promoting this option during
the remainder of the construction period; and
WHEREAS, although the pandemic has ended, downtown businesses remain in recovery
mode. Providing sufficient, convenient, and free parking at the garage will assist in the recovery
AGENDA ITEM #7. i)
ORDINANCE NO. ________
2
effort for Downtown’s small and locally-owned businesses by encouraging more customers to
visit Downtown to patronize them; and
WHEREAS, in order to accommodate the anticipated increases in short-term parking the
area zoned Center Downtown (CD) and to assist the struggling downtown business community,
Ordinance No. 5997 temporary waived hourly parking fees in the City’s City Center Parking
Garage located at 655 South 2nd Street for parking up to 10 hours.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Council hereby temporarily extends the waiver of the following parking fees
established in Section III of the City of Renton Fee Schedule for the following parking periods with
the City Center Parking Garage:
Zero (0) to two (2) hours;
Two (2) to four (4) hours;
Four (4) to six (6) hours;
Six (6) to (10) hours
to December 31, 2024.
SECTION II. If any section, subsection, sentence, clause, phrase, or word of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section,
subsection, sentence, clause, phrase, or word of this ordinance.
AGENDA ITEM #7. i)
ORDINANCE NO. ________
3
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL the day of , 2024.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-PW:2286(23ORD004):12/27/23
AGENDA ITEM #7. i)
AB - 3500
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: Full Weekend Closure – NE 44th Street between N 43rd St. and I-405
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Jim Seitz, Transportation Systems Director
EXT.: 7245
FISCAL IMPACT SUMMARY:
There is no fiscal impact to the City by adopting the resolution.
SUMMARY OF ACTION:
The I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) Project is intended to increase the
capacity of the I-405 freeway. The project also builds infrastructure for Sound Transit’s Stride Bus Rapid Transit
system including a new inline transit station at Northeast 44th Street in Renton. Bus rapid transit, paired with
the ETL system, will provide more reliable transportation options for people traveling along the Eastside of
Lake Washington.
As part of this project, a full weekend closure of NE 44th Street between N 43rd Street and the Southbound I-
405 off ramp isneeded in 2024 to perform vital work for the project. This project needs to excavate and lower
NE 44th Street to its final elevation west of I-405. The work completed during this full weekend closure will
allow final grading operations along NE 44th Street between N 43rd Street and the Southbound I-405 off ramp
to be completed in one weekend. The work to be completed during the full closure will be done in two phases.
The first phase includes a shoefly detour of Seahawks Way, maintaining access to I-405 and NE 44th Street to
the east. The second phase reopens Seahawks Way at its final elevation to lower the roadway between
Seahawks Way and the Southbound I-405 off ramp. This full weekend closure decreasesimpacts to the
traveling public by minimizing the duration to complete the work andmaintaining the currently implemented
traffic control at NE 44th Street. This is part of the overall project which increases current capacity on I-405
and improves safety of the traveling public. This full weekendclosure is anticipated to occur between May3,
2024 and August 26, 2024 with notifications provided to the public in accordance with the Public Outreach
Plan in Exhibit A.
Work performed during this period includes the following:
1. 1. Removal of temporary barrier and HMA pavement.
2. 2. Construction of Seahawks Way shoefly detour
3. 3. Excavation of NE 44th Street to final elevation between N 43rd Street and the Southbound I-405
off ramp.
4. 4. Placement of HMA base, temporary striping, and temporary barrier.
This milestone will create the space needed to increase capacity and provide Express Toll Lane Infrastructure
on I-405.
AGENDA ITEM #7. j)
WSDOT’s public outreach plan is attached and includes oneflier for businesses within proximity to the street
closure along with the localized detour plan.
EXHIBITS:
A. Public Outreach Plan
B. WSDOT Project Flier with Primary Detour Routes
C. Traffic Control Plan
D. Resolution
STAFF RECOMMENDATION:
Adopt the resolution authorizing the full weekend closure to occur between May 3, 2024 and August 26, 2024
for the purpose of lowering NE 44thStreet to final elevation west of I-405.
AGENDA ITEM #7. j)
I- 5Renton to Bellevue Widening and Express Toll Lanes Project
2024 Closure of NE 44th Street between N 43rd Street and the SB I-405 off-ramp
NE 44th Street: One full weekend closure – occurring between May 3, 2024 and
August 26, 2024
Scope of work: Closure of NE 44th Street for one full weekend to lower NE 44th Street
between N 43rd Street and the Southbound I-405 off ramp to final elevation. Completing this
work supports the construction of WSDOT Express Toll Lanes and Sound Transit Bus Rapid
Transit systems.
Outreach methods:
• 14-day advanced notification to
businesses and residents via
postcard to addresses outlined
in the Figure 1 map to the right
• Flier provided to City of Renton
for internal distribution
• Social media and WSDOT Blog
posts notifying the public of the
closure
o Coordination with the
City of Renton to share
social media posts from
the project
• Hotline and project inbox
information provided on fliers,
blogposts, and project
website
• Message boards will be placed 5
days before the closure to notify
the traveling public
• Emergency services briefing
ahead of closure
• WSDOT availability for
media Figure 1: Outreach/postcard distribution area
Page | 1
AGENDA ITEM #7. j)
I-405, Renton to Bellevue Widening and Express Toll Lanes Project
Full Weekend Closure of NE 44th Street between N 43rd Street and the
Southbound I-405 off ramp
Overview
Crews working for the Washington State
Department of Transportation are fully closing
NE 44th Street for one weekend for crews to
lower the existing roadway to final grade. NE
44th Street will be closed between N 43rd Street
and Seahawks Way during the first phase of
the closure. NE 44th Street will be closed from
Seahawks Way to the Southbound I-405 off
ramp during the second phase of the closure.
Detours will be provided for bicyclists,
pedestrians, and for the traveling public,
using the NE 30th Street on and off ramps
and other City of Renton surface streets
within this area. Residents along Ripley Lane
and staff at the Virginia Mason Athletic
Center will be able to exit Seahawks Way to
the east during the first phase of the closure
and to the west during the second phase.
This key milestone for the I-405, Renton to
Bellevue Widening and Express Toll Lanes
project is necessary to complete widening of
the I-405 freeway.
Work during this closure period will
include:
Removal of temporary barrier and
HMA pavement
Construction of Seahawks Way
shoefly detour
Excavation of NE 44th Street to
final elevation west of I-405
Placement of HMA base course, temporary
striping, and temporary barrier
Lane and Ramp Closures
Full weekend closure between May 3, 2024 through August 26, 2024 (advance notice provided)-Full
closure of NE 44th Street between N 43rd Street and the Southbound I-405 off ramp
Bike, pedestrian and vehicle traffic will be
detoured to NE 30th Street
AGENDA ITEM #7. j)
AGENDA ITEM #7. j)
PHASE 1 FULL WEEKEND CLOSURE DETOURAGENDA ITEM #7. j)
AGENDA ITEM #7. j)
PHASE 2 FULL WEEKEND CLOSURE DETOURAGENDA ITEM #7. j)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
TEMPORARY FULL STREET CLOSURE OF NE 44TH STREET BETWEEN N. 43RD STREET
AND I-405 SOUTHBOUND OFF RAMP
WHEREAS, the Washington State Department of Transportation (WSDOT) is constructing
the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project; and
WHEREAS, this construction activity will require a temporary street closures of NE 44th
Street between N. 43rd Street and the I-405 southbound off ramp; and
WHEREAS, pursuant to the City Code section 9-9-3, such street closures require City
Council authorization by means of a resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council does hereby authorize the temporary closure of NE 44 th Street
between N. 43rd Street and the I-405 southbound off ramp for one weekend from Friday evening
to Monday morning during the period beginning Friday, May 3, 2024 through Monday, August
26, 2024 for the purpose of decreasing impacts to the traveling public by minimizing the duration
to complete the work.
SECTION II. Notice of the closure shall be posted and published as required by RMC 9-9-2
and RMC 9-9-3.
PASSED BY THE CITY COUNCIL the day of , 2024.
AGENDA ITEM #7. j)
RESOLUTION NO. _______
2
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PW:24RES001:1/8/24
AGENDA ITEM #7. j)
AB - 3501
City Council Regular Meeting - 05 Feb 2024
SUBJECT/TITLE: 2024-2025 ORCA Business Cards and Business Passport Products
Agreement
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Public Works Transportation Systems Division
STAFF CONTACT: Dan Hasty, Transportation Planner
EXT.: 7217
FISCAL IMPACT SUMMARY:
This agreement allows for the purchase of 348 ORCA passes for use by eligible City employees for a total cost
of $113,190.48. The cost of the agreement will be charged to the CTR Transit account number
003.000000.016.595.92.43.005 in the Transportation Planning & Programming Operating Fund. There are
sufficient funds available to cover the cost of the agreement.
SUMMARY OF ACTION:
In order to reduce congestion and improve air quality, Washington State passed a Commute Trip Reduction
(CTR) Law in the early 1990s. Under the CTR law, the City of Renton is classified as a CTR affected employer.
Historically, the City has entered into annual agreements with transit agencies to purchase public transit
passes in bulk at a reduced rate. These passes are provided to each regular City employee as a core
fundamental piece of the City’s CTR Program. The ORCA Business Passport offers unlimited rides on Sound
Transit, King County Metro Transit, Pierce Transit and others. It covers travel on buses, light rail and
commuter rail. In addition, it features 100% subsidies for vanpool and vanshare participants of King County
Metro, Community, Kitsap and Pierce transitvehicles,as well as a Guaranteed Ride Home Program (free
emergency taxi service for employees). There is a significant savings over buying transit passes through other
means.
The cost for the time period of March 1, 2024 to February 28, 2025 is $300.24 per eligible employee. The cost
for the time period of March 1, 2023 to February 28, 2024 was $260.64 per eligible employee. There is a price
increase per employee this year due to our cost per employee being calculated on our ORCA Business Passport
customer’s employees’ actual usage in 2023-2024 plus administrative costs minus a discount. The total cost
also reflects an increase to 348 Eligible Employees this contract year up from 309 Eligible Employees in the
2023 – 2024 contract.
EXHIBITS:
A. 2024-2025 ORCA Business Cards and Business Passports Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute the 2024-2025 ORCA Business Cards and Business Passports
Products Agreement.
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 1 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND
ORCA BUSINESS PASSPORT PRODUCTS
THIS AGREEMENT (hereinafter, “Agreement”) is made and entered into by and among City of Renton
("Business Account") and King County Metro ("Lead Agency") on behalf of the following agencies,
individually referred to as the “Agency” and collectively as the "Agencies" in this Agreement.
The Snohomish County Public Transportation Benefit Area (“Community Transit”)
The City of Everett (“Everett Transit”)
The King County Metro Transit Department (“King County Metro”)
The Kitsap County Public Transportation Benefit Area (“Kitsap Transit”)
Pierce County Public Transportation Benefit Area Corporation (“Pierce Transit”)
The Central Puget Sound Regional Transit Authority (“Sound Transit”)
The Washington State Department of Transportation, Ferries D ivision ("Washington State
Ferries")
IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.0 PURPOSE
1.1 This Agreement establishes the terms under which certain fare payment -related services,
referred to herein as "ORCA Services," will be provided to the Business Account, including but
not limited to the prices and terms under which the Business Account may purchase and
distribute ORCA Business Cards loaded with a Business Pas sport Product to its Eligible
Business Cardholders. Such ORCA Business Cards may be used to access certain
Transportation Services of the Agencies. The specific ridership privileges applicable to the
Business Passport Product provided under this Agreement are specified in Attachment 1,
Products, Pricing and Terms, which is incorporated in this Agreement by this reference, and are
subject to Sections 6 and 18 below. Businesses must at a minimum cover all benefits -eligible
employees except those who work 100% remote. Additional participants can be included.
Eligibility is defined in Attachment 3 Eligible Participants.
1.2 Attachment 1 also establishes the terms under which specific optional products and services
(e.g. use of an ORCA Business Card on vanpool; a guaranteed ride home program per
Attachment 6 Guaranteed Ride Home, attached hereto), if any, shall be provided by one or more
individual Agencies.
1.3 This Agreement also enables the Business Account to purchase Business Choice Products from
the Agencies, via the myORCA.com website, at the prices and terms in effect at the time of
purchase.
1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA
Services including, but not limited to, its purchase of ORCA Business Cards and ORCA
Products. This Agreement does not constitute a contract for transportation services . The
Agencies have no obligation to the Business Account or any other entity or person to provide
any particular level, frequency or routing of transportation service .
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 2 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
2.0 TERM OF AGREEMENT AND CONTACT PERSONS
2.1 This Agreement shall take effect upon the effective date specified in Attachment 1 . Unless
terminated in accordance with Section 14, this Agreement shall expire on the last day of the
Program Term specified in Attachment 1, or an Amended Attachment 1 that has been signed by
a person authorized to bind the Business Account.
2.2 The Business Account shall designate a Primary Contact Person in Attachment 2 Designated
Representatives, which is incorporated in this Agreement by this reference. This Primary
Contact Person shall be responsible for managing the Business Account's roles and
responsibilities under this Agreement. A Secondary Contact Person shall also be designated in
Attachment 2. The Lead Agency may communicate with and rely upon either the Primary or
Secondary Contact Person on matters relating to this Agreement.
3.0 DEFINITIONS
3.1 Business Account. The organization, educational or human services institution, government
agency or other entity that has entered into this Agreement enabling it to purchase ORCA
Business Cards and ORCA Products for distribution to their employees, students, clients or
other constituency.
3.2 Business Choice Products. The ORCA Products that may be purchased at retail prices to
supplement the ORCA Business Passport Product for one or more Business Cardholders (e.g.
a WSF monthly pass).
3.3 Business Cardholder(s) or Cardholder(s). The individual(s) whose ORCA cards are loaded by
and/or may be provided by the Business Account.
3.4 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA
Business Cards under this Agreement that provides the Business Cardholders an unlimited
right-to-ride the regularly scheduled Transportation Services of, or operated by, certain Agencies
to the extent specified in Attachment 1.
3.5 Card Close. An ORCA system action that permanently invalidates an ORCA Card. The Business
Account, Lead Agency or Cardholder with access may close cards.
3.6 Card Lock. An ORCA system process action that prevents an ORCA Business Card from being
used until the action is reversed. The Business Account, Lead Agency or Cardholder with access
can lock and unlock cards.
3.7 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other
Agencies and, except as otherwise provided in this Agreement, is responsible for administration
of this Agreement on behalf of the Agencies, including contract modifications and renewals, and
ORCA system support
3.8 ORCA Website. The myORCA.com website used by the Business Account to manage its
account.
3.9 ORCA. The trademarked name of the system that enables use of a common fare card on the
public transportation services provided by any of the Agencies.
3.10 ORCA Business Card (or “Business Card”). An ORCA fare card managed by a Business
Account to enable the loading of ORCA Products for use by a Cardholder to whom it was
distributed by the Business Account to access Transportation Services as specified in
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 3 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
Attachment 1. These cards must be purchased with the business card profile of full access or
the account must be set to have the global ownership flag. The fare card may be a physical card
or if approved by the Lead Agency, a virtual fare card application.
3.11 Load-Only ORCA Card. An ORCA fare card managed by an individual which can be linked to a
Business Account with load-only privileges. Load-only privileges allow the Business Account to
load products and/or E-purse value. The Business Account does not have the ability to close
the card, transfer card balances or check card balance
3.12 ORCA Products. Any transit fare payment mechanism offered for sale within the ORCA system
by any of the Agencies. Examples include, but are not limited to, monthly or period pass, and E-
purse.
3.13 ORCA Services. The materials and services that may be provided, from time to time, under the
ORCA program, including but not limited to the ORCA Business Cards, ORCA Products, ORCA
Websites, data, information, and any equipment, systems and services relat ed to the ORCA
program.
3.14 Parties. The Business Account and the Agencies (which include the Lead Agency) referred to
herein collectively as the "Parties" and individually as a “Party.”
3.15 Transportation Services. Those public transportation services provided by the Agencies that are
specified in Attachment 1.
4.0 PRICES AND PAYMENT TERMS
The prices and payment terms applicable to this Agreement are specified in Attachment 1 . Such terms
shall include: (a) the amounts due for the Business Cards, Business Passport Product, and any other
products, services and fees and (b) the timing of payments. Each order submitted by the Business
Account for ORCA Business Cards and/or any ORCA Products will be subject to the pr ovisions of this
Agreement.
4.1 The Business Account's purchase of any Business Choice Products via the myORCA.com
website will be at the prices and terms in effect at the time of order. The Business Account is
responsible for reviewing the prices in effect before submitting each order and shall be deemed
to have agreed to the then-applicable prices by submitting the order.
4.2 Payment in full is due as specified in Attachment 1.
4.3 If for any reason payment in full is not received by the date due, if a payment is not honored
due to non-sufficient funds (NSF), or if for any reason a payment is negated or reversed, Sound
Transit, on behalf of the Lead Agency will notify the Business Account of the payment problem
and if full and clear payment is not received within ten (10) days of such notification, the Lead
Agency may:
4.3.1 Refuse to process new orders for ORCA Business Cards and lock the loading of new
ORCA Products by or for the Business Account;
4.3.2 Assess any late payment, NSF and collection fees to the maximum amount permitted by
law;
4.3.3 Initiate a Card Lock on the Business Cards issued to the Business Account, rendering
them ineffective for use by the Cardholders, until such time as the Business Account
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 4 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
pays the full amount due, including any late payment, NSF and fees, in a manner
acceptable to the Lead Agency; and
4.3.4 Suspend or terminate access rights to the Business Account's secured area of the
website.
4.4 In addition to any other obligations it may have under this Agreement and at law, the Business
Account agrees to pay to the Lead Agency any reasonable court costs, attorney fees and
collection fees incurred in collecting amounts due from the Business Account.
4.5 Sound Transit, on behalf of the Lead Agencies, will be responsible for invoicing and receiving
amounts due per this Agreement, unless otherwise described in this Agreement
Payments will be remitted to:
Central Puget Sound Regional Transit
LB 1194
PO BOX 35146
Seattle, WA 98124-5146
Wire /ACH instructions will also be available.
5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS
CARDS
5.1 Ordering ORCA Business Cards. The Business Account shall order ORCA Business Cards via
the ORCA Website, in accordance with the directions provided on that website, and shall make
payment as provided in Attachment 1. If additional cards are required, the Business Account
may be required to pay the standard card fee and other applicable fees as specified in
Attachment 1.
5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the
ORCA Business Cards it has ordered, the Business Account shall be responsible for the
management of the ORCA Business Cards. The Business Account shall be deemed to have
constructively received all ordered ORCA Business Cards unless it notifies the Lead Agency of
any non-delivery or incorrect delivery within thirty (30) days after the order was placed . If the
Business Account notifies the Lead Agency that it has not received the ordered cards, the Lead
Agency will ship a replacement order. If the Business Account subsequently receives the cards
reported as missing, the Business Account is responsible for returning them to the Lead Agency.
5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and
use of the ORCA Business Cards issued to it. The Business Account bears the sole risk of any
loss, damage, theft or unauthorized use of one of its cards, whether such card is held in its
inventory or has been distributed for use. The Business Account is responsible for the cost of
any use of its Business Cards until the effective date of a Card Close or Card Lock that may be
initiated as provided below.
5.4 Distance Based Transit Fare . The Business Account is responsible for communicating to
Cardholders that “distance based fares” are charged on some systems such as: Link light rail,
and Sounder commuter rail systems . On distance based fare modes, when the Cardholder “taps
on,” the ORCA system will record the trip to the last stop on the line . When the Cardholder “taps
off” at the end of the ride, ORCA will record the actual ride. The Business Account then will be
charged the correct fare for the actual ride taken. If the Cardholder fails to “tap off”, then ORCA
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 5 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
will record a ride to the end of the line . The result of not “tapping off” is that the Business Account
will be charged the largest fare for the ride even if a shorter ride was taken .
5.5 Distribution of ORCA Business Cards . The Business Account is responsible for distributing its
Business Cards for use by its Eligible Business Cardholders. The Business Account manages
all Business Cards it distributes but a cardholder may also purchase and load individual ORCA
Products on a Business Card. The Business Account understands that a Business Card it
distributes to a Cardholder may be lin ked by the Cardholder to his/her/their personal account on
myorca.com as provided in Section 6. The Business Account may not register the Business
Cards that are issued under this Agreement to a personal account.
The Business Account shall require that the Cardholder, as a condition of receiving a Business
Card, be informed of the Cardholder Rules of Use, incorporated in this Agreement as Attachment
4 ORCA Business Cardholder Rules of Use, through the Business Account’s’ standard means
of communicating policies.
The Business Account understands and agrees th at it is solely responsible for implementation and
enforcement of the Cardholder Rules of Use.
5.6 Proof of payment. The Business Account is responsible for notifying Cardholders that proof of
payment must be made by tapping the ORCA Card on the card reader in the manner required
by each Agency; otherwise, the Cardholder may be subject to a fine if the ORCA Card is not
tapped, and the Cardholder will be p ersonally responsible for any fines that may be imposed .
5.7 Business Account Access to Personally Identifying Information . If an individual Cardholder opts
to register one of the Business Cards issued to the Business Account, any personally identifying
information provided to the ORCA System (e.g. name, address, telephone number, and credit
card number) will not be accessible by the Business Account. If the Business Account collects
any personally identifying information about individuals to whom it has dis tributed Business
Cards, the Business Account is solely responsible for its collection, use, storage and disclosure
of such information.
5.8 Card Locks and Card Close. In the event a Business Card is determined to be lost or stolen or
if a Cardholder is determined by the Business Account to be no longer eligible to use the card,
the Business Account may initiate a Card Lock, which is reversible action, or a Card Close,
which is a permanent action, via the myORCA.com website to invalidate the subject Business
Card. The Lead Agency may also initiate a Card Lock or Card Close to any of the Business
Account’s Business Cards at the request of the Business Account , or at the sole discretion of
the Lead Agency in accordance with Section 4.3, or if it is suspected that a card has been
altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder.
5.9 Restoration of Value After Card is Locked or Closed. Following a Card Lock, a Business
Account can transfer remaining funds and products onto a replacement card. Business Account
will be responsible for card replacement fee.
5.10 Card Replacement. The Business Account is responsible for ordering and paying for any new
cards needed to replace Business Cards that for any reason cease to be available or suitable
for use by the Cardholders under the program of the Business Account, including but not limited
to, if the unavailability or unsuitability is caused by damage, abuse, loss, theft, Card Close, and
end of useful life. Provided, however, and notwithstanding the exclusion of warranties in Section
15, if a Business Card malfunctions within twelve (12) months after it was delivered to the
Business Account, it shall be replaced by the Lead Agency without additional charge to the
Business Account if the malfunction was caused by a defect in design, material or workmanship
and was not caused by misuse, an intentional act, negligence or damage, reasonable wear and
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 6 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
tear excepted. The Business Account understands and agrees that t o avoid the disruption and
inconvenience caused by sporadic failures as its cards are used, it must plan for replacement
of its Business Cards on a regular basis . As a condition of continuing under the Business
Passport program, the Business Account agrees that it will purchase replacement Business
Cards at the then-applicable rate.
6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS
Cardholder Privileges. The Business Account understands and agrees that the Cardholder has the
following privileges in connection with the use of an ORCA Business Card.
6.1 The Cardholder may present an ORCA Business Card, loaded with a valid, applicable Business
Passport or Business Choice Product, to an ORCA fare transaction processor as proof of
payment of all or a portion of a required fare on a regular transportation servic e operated by one
or more of the Agencies. (Provided, however, an ORCA Product that is not sufficient to fully pay
a fare will not be accepted as partial payment by the Washington State Ferries.) In all cases, a
Cardholder will be required to make other payment to the extent a fare is not covered by an
ORCA Product.
6.2 The Cardholder may individually purchase ORCA Products and load them on the Business Card
in addition to any ORCA Product loaded by the Business Account . Individual ORCA Products
may be used to pay all or a portion of a required fare on a transportation service not covered by
a Business Passport Product or Business Choice Product. (Provided, however, an ORCA
Product that is not sufficient to fully pay a fare will not be accepted as partial payment by the
Washington State Ferries.) In all cases, a Cardholder will be required to make other payment
to the extent a fare is not covered by an ORCA Product.
6.3 The Cardholder may link his/her/their name and other contact information with the ORCA system
and link such personal information to the serial number of the Business Card provided to
him/her. Such registration does not give the Cardholder full access to the card but may give the
Cardholder the right to access the myORCA.com website to view the card's transaction history
and current stored value, and to add retail products.
6.4 The Cardholder’s personally identifying information is generally exempt from disclosure under
the Washington Public Records Act (Chapter 42.56 RCW) as more specifica lly outlined in RCW
42.56.330(5).
7.0 BUSINESS RESPONSIBILITIES AND PRIVILEGES RELATING TO LOAD -ONLY CARDS
7.1 The Business Account understands that if it links an individual’s ORCA card to their Business
Account with load-only privileges the Business Account will have limited access. The Business
Account will be able to load products and/or E-purse on the account and unlink the card from its
account. The Business Account will not be able to close the card, transfer products and/or E-
purse value, or view card balance.
7.2 When the load-only card holder is no longer eligible for a transit benefit, the Business Account
is responsible for unlinking the card from their account.
8.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 14.2, the Business Account understands and agrees
that its purchases of Business Cards, and Business Passport or Business Choice products purchased
for such cards, are final and it is not entitled to any refunds . However, the Business Account may request
a refund of the E-purse value remaining on a Business Card if the card is closed. The Lead Agency
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 7 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
shall initiate a Card Close and the refund will be processed approximately ten (10) days after the Card
Close was initiated. A processing fee of ten dollars ($10) may be payable by the Business Account to
the Lead Agency for each refund that is processed, regardless of number of cards refunded. The
Business Account, not the Lead Agency, is responsible for the refunding of such E -purse value, if any,
to the individual Cardholder to whom the Business Card had been distributed.
9.0 BUSINESS ACCOUNT WEBSITE
9.1. The myORCA.com website is the primary means by which the Business Account shall purchase
ORCA Business Cards, Business Passport and Business Choice Products, manage its
Business Cards and obtain information about the use of said cards . As a condition of
participation in the Business Passport program, the Business Account agrees that it will use the
myORCA.com website when it is available and that each access and use of said website shall
be subject to the ORCA Terms of Use and ORCA Privacy Statement that are in effect and posted
on the myORCA.com website at the time of such access and use.
9.2. The Business Account understands and agrees that uninterrupted access to and use of the
myORCA.com website is not guaranteed and agrees that it will contact its representative at the
Lead Agency by email or telephone if the website is not available.
9.3. At the time the Business Account enters into the ORCA program, the Business Account’s
Primary Contact (Super Admin) will be provided a password to access myorca.com. The Super
Admin will be responsible for adding additional admins to the Business Account. The Business
Account is solely responsible for managing their account’s users. The Business Account is also
solely responsible for complying with the security standards specified in Attachment 5 ORCA
Business Account Security Standards, which is incorporated in this Agreement by this reference.
10.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
10.1 The Business Account understands and agrees that the data, reports or any information
provided to it via the myORCA.com website or otherwise, is and remains the sole property of
the Agencies and nothing shall be construed as a transfer or grant of any copy right or other
property interest in such data, reports or information. The Agencies hereby grant to the Business
Account a non-exclusive license to use any data, reports or information provided by the
Agencies, via the myORCA.com website or otherwise, for any lawful purpose related to the
administration of the transportation benefits program of the Business Account.
10.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA
device for fare payment and to load a product. Such transaction data includes, but is not limited
to, the date, time, and location (or route) of the transaction. The Business Account may routinely
access such transaction data related to its Business Cards to the extent provided via the
myORCA.com website. Said website and its reports do not provide the Business Account
Business Card transaction data linked to card serial numbers for the purpose of preventing fraud,
the Primary Contact Person of the Business Account may submit a written request to the Lead
Agency for transaction data related to a specific card number or for a card number linked to a
specific transaction. Fraud is defined as intentional deception or misrepresentation by a person
with knowledge that it will result in an unauthorized benefit to hi m, her, or some other person.
The submittal is not intended to be used to request data for multiple cards or all cards managed
by the Business Account. The written request shall include the following:
10.2.1 Card number or the date, time and other known details about the specific transaction for
which a card serial number is being requested;
10.2.2 Detailed statement as to why the information is germane to the prevention of fraud; and
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10.2.3 The signature of the Primary Contact Person.
If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued
to the Business Account, the Lead Agency will provide the Business Account with the card serial
number linked to the requested transaction(s). The Business Account agrees that it will use such
card serial number information only for purposes of enforcing the Rules of Use, as provided to
the Cardholder. The Business Account must maintain its own records if it wishes to identify the
card serial number issued to an individual.
11.0 PUBLIC RECORDS
The Business Account understands and agrees that all records related to its participation in the ORCA
System are public records under the Washington Public Records Act (Chapter 42.56 RCW) ("Act"),
including but not limited to: (a) this Agreement and the sales activity hereunder; (b) the orders,
communications, and any other information prov ided by the Business Account to the Lead Agency, the
other Agencies or the ORCA System, whether provided via this website or otherwise and whether
provided in hard copy or electronic form; (c) any communications, responses, requests, reports or
information of any kind provided to the Business Account from the Lead Agency, the other Agencies
or the ORCA System; and (d) all data, reports and information of any kind related to the loading of
products on, and the use of, the Business Cards issued to the Busin ess Account. As public records,
these records will be made available for public inspection and copying upon request, unless the Lead
Agency determines they are exempt from disclosure.
12.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT
The Business Account is encouraged to collect Business Cards from Cardholders who are no longer
eligible for the Business Account's transportation benefits program. In any case, the Business Account
is solely responsible for initiating a Card Lock or Closing a Card in accordance with this Agreement to
prevent any continued use of, and financial liability for, a card that had been distributed to a person who
is no longer eligible.
13.0 ORCA SERVICES SUBJECT TO CHANGE
The Agencies seek to continually improve and enhance the ORCA Services. With thousands of
organizations, schools, and other entities entering into business account agreements at varying dates
in the year, the Agencies are unable to guarantee to each business account that the ORCA Services
will not change during the term of its agreement. The Business Accou nt understands and agrees that
one or more ORCA Services may be changed, suspended or terminated from time to time without prior
notice to, or agreement by, the Business Account, including but not limited to changes in the look, feel,
content and functions of the myORCA.com website. If the Business Account is dissatisfied with a
change in the ORCA Services, however, it may terminate this Agreement for its convenience in
accordance with the provisions of Section 1 4.2.
14.0 TERMINATION
14.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to
make timely and effective payment of all amounts due, or otherwise materially breaches the
Agreement, or acts in manner indicating that it intends to not comply, or is unable to comply,
with the Agreement. To effect such a termination for cause, the Lead Agency shall send email
notice to the last known email address for the last known Primary Contact Person of the
Business Account describing the manner in which the Business Account is in def ault and the
effective date of termination. If the basis for termination is a failure to perform that can be cured,
the termination shall not take effect so long as the Business Account cures the default within ten
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City of Renton - BAID : 2480
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(10) days of the sending of the email not ice. Upon the effective date of such termination, the
Lead Agency may immediately terminate the website access privileges of the Business Account,
lock the Business Cards issued to the Business Account and decline to accept and fulfill any
pending or new orders from the Business Account. In the event of such a termination for cause,
the Business Account shall not be entitled to any refund of any amounts paid.
14.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause
and for its own convenience by sending the other Party written or email notice at least thirty (30)
days in advance of the effective date of the termination . Upon receipt of a notice of termination
for convenience from the Business Account, the Lead Agency may , in its sole discretion, waive
the advance notice period and immediately terminate the website access privileges of the
Business Account, initiate a Card Lock on the Business Cards issued to the Business Account ,
and decline to accept and fulfill any pend ing or new orders from the Business Account . In the
event of such a termination for convenience and not cause, the amounts due under this
Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport
Product and any optional pro ducts listed in Attachment 1 shall be the annual amounts due
prorated for the number of months during which the Passport Product and optional products
were valid for at least one day.) If the Business Account has not paid in full all of the amounts
due under this Agreement as of the termination date, the Business Account shall immediately
pay the remaining amount due. If the Business Account has paid more than all of the amounts
due under this Agreement as of the termination date, the Business Account shal l be entitled to
a refund of the excess it has paid.
14.3 Notwithstanding any termination of the Agreement, the Business Account shall remain liable to
satisfy and comply with all of its obligations under this Agreement and at law with regard to, or
arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective
date of the termination, including but not limited to paying all amounts due or incurred prior to
the effective date of the termination and any fees, charges, coll ection costs or other costs arising
from a failure to make timely and effective payment.
15.0 EXCLUSION OF WARRANTIES
15.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE”
BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE
DISCRETION AND RISK.
15.2 BY WAY OF EXAMPLE, AND NOT LIMITATION, THE LEAD AGENCY AND EACH OF THE
OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT:
A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE
UNINTERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS
REQUIREMENTS;
B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF
USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND
C. ANY USE OF THE ORCA WEBSITE, INCLUDING BUT NOT LIMITED TO THE
CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITE, WILL BE FREE OF
DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL INTRUSIONS .
15.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE OTHER
AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXP RESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES OF QUIET ENJOYMENT
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OR NON-INFRINGEMENT; AND ANY WARRANTIES CREATED BY TRADE USAGE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE.
15.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE
AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY.
16.0 NOTICES
16.1 Any notice required to be given under the terms of this Agreement shall be directed either by
email or regular mail to the Parties’ Designated Representatives, as specified in Attachment 2,
or to the last person and address provided by a Party in accordance with Section 16.2.
16.2 Each Party shall immediately notify the other Parties of any changes to its Designated
Representatives' contact information. The Business Account shall also immediately notify the
Lead Agency of any changes in any other information provided in its application.
17.0 FORCE MAJEURE
The Agencies and each of them shall be relieved of any obligations under this Agreement to the
extent they are rendered unable to perform, or comply with such obligations as a direct or indirect result
of a force majeure event, or any other circumstance not within such party’s control, including , but not
limited to, acts of nature, pandemics, acts of civil or military authorities, terrorism, fire or water damage,
accidents, labor disputes or actions, shutdowns for purpose of emergency repairs, or industria l, civil or
public disturbances.
18.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
The purchase, distribution and use of Business Cards and ORCA Products by the Business Account
and its Cardholders, and access to and use of the ORCA website, shall be subje ct to all applicable
federal, state and local law, regulations, ordinances, codes and policies, including but not limited to the
ORCA Cardholder Terms of Use and ORCA Privacy Statement (posted on the ORCA website and
available in printed form upon request to the Lead Agency), and the Agencies' respective fares, transfer
rules, codes of conduct and other operating policies and procedures.
19.0 PROHIBITED DISCRIMINATION
The Business Account shall not discriminate on the basis of race, color, sex, religion, natio nality, creed,
marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the
administration of its transportation benefits program, the provision of ORCA Business Cards and ORCA
Products, or the performance of any acts under this Agreement. The Business Account shall comply
fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which
prohibit such discrimination.
20.0 COMPLIANCE WITH APPLICABLE LAW
The Business Account shall be solely responsible for compliance with all applicable federal, state and
local laws, regulations, resolutions and ordinances, including, but not limited to, any provisions relating
to the Business Account's provision of compensation, benefits or services to employees or others (e.g.
including, but not limited to, transportation fringe benefits) and any reporting, tax withholding , or other
obligations related thereto. The Business Account expressly acknowledges and agrees that it has not
relied on any representations or statements by the Agencies and will not rely on them to provide any
legal, accounting, tax or other advice with regard to the Business Account's provision of compensation,
benefits or services to employees or others (e.g. including, but not limited to, transportation fringe
benefits) and any reporting, withholding or other obligations related thereto .
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21.0 LEGAL RELATIONS
21.1 No Partnership, Agency or Employment Relationship Formed . The Business Account and the
Agencies are independent parties and nothing in this Agreement shall be construed as creating
any joint venture, partnership, agency or employment relationship between and among them or
their respective employees. Without limiting the foregoing, the Business Account un derstands
and agrees that none of its employees or agents shall be deemed employees or agent, for any
purpose, of any of the Agencies and the Business Account is solely responsible for the acts of
its agents and employees and their compensation, wages, withholdings and benefits.
21.2 LIMITATION ON LIABILITY
A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE
FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,
ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO:
1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION
PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA
SERVICES;
2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR
PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES WITHIN A
SERVICE);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR
GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS
AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE ORCA
BUSINESS CARDS ISSUED UNDER THIS AGREEMENT;
4. THE BUSINESS ACCOUNT'S FAILURE TO PROVIDE THE LEAD AGENCY WITH
ACCURATE ACCOUNT INFORMATION; AND
5. THE BUSINESS ACCOUNT’S FAILURE TO KEEP INFORMATION SECURE AND
CONFIDENTIAL.
B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE
FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER ANY THEORY OF
LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF TIME, LOSS
OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR
BUSINESS REPUTATION, WHEN SUCH DAMAGES ARISE OUT OF, OR ARE
RELATED TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT
ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN
AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING.
C. TO THE EXTENT ONE OR MORE OF THE AGENCIES INCURS ANY LIABILITY FOR A
BREACH OF THIS AGREEMENT, OR ANY DUTY RELATED TO THE ORCA SERVICES,
AND SUCH LIABILITY THAT IS NOT EXCLUD ED UNDER THE TERMS OF THIS
AGREEMENT, THE EXCLUSIVE, AGGREGATE REMEDY AGAINST THE LEAD
AGENCY AND EACH OTHER AGENCY WILL BE, AT THE OPTION OF THE
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APPLICABLE AGENCIES: (A) THE CORRECTION, SUBSTITUTION OR
REPLACEMENT OF ALL OR PART OF THE ORCA SERVICES GIVIN G RISE TO
THE BREACH, OR (B) A REFUND OF THE AMOUNT PAID BY THE BUSINESS
ACCOUNT FOR THE ORCA SERVICE CAUSING THE DAMAGE, THE AMOUNT OF
WHICH WILL NOT EXCEED THE DAMAGES (OTHER THAN THOSE EXCLUDED
ABOVE) ACTUALLY INCURRED BY THE BUSINESS ACCOUNT IN REASON ABLE
RELIANCE.
THE DAMAGE EXCLUSIONS AND LIMITATIONS ON LIABILITY IN THE AGREEMENT
SHALL APPLY EVEN IF ANY REMEDY FAILS FOR ITS ESSENTIAL PURPOSE.
21.3 No Waiver. The Business Account agrees that if the Lead Agency does not exercise or enforce
any legal right or remedy which is contained in the Agreement or under applicable law, this will
not be taken to be deemed to be a waiver or modification of the Lead Agency’s rights and
remedies, and that those rights or remedies will still be available to the Lead Agency.
21.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted and
enforced in accordance with, and governed by, the applicable law of the State of Washington
and of the United States of America without regard to its c onflict of laws provisions. The
exclusive jurisdiction and venue for conducting any legal actions arising under this Agreement
shall reside in either the Federal District Court or the State of Washington Superior Court, as
applicable, that is located in the county in which the Lead Agency's primary administrative office
is located. The Business Account hereby consents to personal jurisdiction and venue in said
courts and waives any right which it might have to conduct legal actions involving the Agencies
in other forums.
21.5 Attorneys' Fees and Costs. In the event of litigation between the parties related to this
Agreement, the Court is authorized to award the substantially prevailing party its costs, fees and
expenses including reasonable attorney fees to the extent authorized by the Court and permitted
by applicable law.
21.6 Survival. Sections 4, 5, 10, 15 and 21 shall survive and remain effective notwithstanding any
termination of this Agreement.
21.7 Use of ORCA name and logos. The Business Account understands and agrees that the "ORCA"
name and logos are trademarked and that it will not copy or use them and any other trade
names, trademarks, service marks, logos, domain names, and other distinctive features or
intellectual property of the Agencies without written permission. The Agencies understand and
agree the Business Account name and logo may be trademarked and that it will not copy or use
them and any other trade names, trademarks, service marks, logos, domain names, and other
distinctive features or intellectual property of the Business Account without written permission.
22.0 SUCCESSORS AND ASSIGNS
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the
parties hereto, and their respective successors and assigns; provided, however, no Party may assign
or delegate the duties performed under this Agreement without the written agreement by the Lead
Agency, the Business Account and the assignee.
23.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS
This Agreement constitutes the entire agreement between the Business Account and the Lead Agency,
on behalf of all Agencies, related to the Business Account's use of and access to ORCA Services (but
excluding any services which Lead Agency may provide under a separate written agreement), and
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completely replaces and supersedes any prior oral or written representations or agreements in relation
to fare media consignment and sales or to ORCA Services. No oral agreements or modifications will be
binding on the parties and any changes shall be effective only upon a written amendment being signed
by the parties.
24.0 SEVERABILITY
In the event any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable or invalid, then the meaning of that provision shall be construed, to the extent feasible,
to render the provision enforceable, and if no feasible interpretation would save such provision, it shall
be severed from the remainder of the Agreement which shall remain in full force and effect unless the
provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to
any party.
25.0 AUTHORITY TO EXECUTE
Each party to this Agreement represents and warrants that: (i) it has the legal power and authority to
execute and perform this Agreement and to grant the rights and assume its obligations herein; and (ii)
the person(s) executing this Agreement below on the party’s behalf is/are duly authorized to do so , and
that the signatures of such person(s) is/are legally sufficient to bind the party hereunder.
26.0 COUNTERPARTS
This Agreement may be executed in two (2) counterparts, each one of which shall be regarded for all
purposes as one original.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed
this Agreement as of the Effective Date.
BUSINESS ACCOUNT
City of Renton
BY: \s1\
Name: Armondo Pavone
Title: Mayor
Date: \d1\
LEAD TRANSPORTATION AGENCY
King County Metro
BY: \s2\
Name: Ina Percival
Title: Supervisor, Market & Business
Development
Date: \d2\
AGENDA ITEM #7. k)
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 1
ORCA BUSINESS PASSPORT - PRODUCTS, PRICING AND TERMS
Business Account: City of Renton
Business Account Federal Tax ID #: 91-6001271
ORCA Business Account ID#: 2480
Agreement Type: Area-Based Passport Contract
Program Term: 3/1/2024 - 3/1/2025
Business Passport Flat Rate Products
• Valid for full and unlimited rides on:
o Bus: Community Transit, Everett Transit, King County Metro, Kitsap Transit,
Pierce Transit and Sound Transit
o Ferry: King County Water Taxi, Kitsap Local Ferries and Fast Ferries
o Monorail
o Seattle Streetcar
o Rail: Sound Transit Link light rail and Sound Transit Sounder (including Rail Plus
partnership with Amtrak Cascades
o ParaTransit Transportation: King County Metro Access, Kitsap Transit Access,
and Pierce Transit SHUTTLE
• Vanpool: 100% fare subsidy on Community Transit, King County Metro, Kitsap Transit,
and Pierce Transit vanpool vans
• Vanshare: 100% subsidy on Community Transit, King County Metro, Kitsap Transit and
Pierce Transit vanshare vans
• Guaranteed Ride Home: For details, see Attachment 6 Emergency Guaranteed Ride
Home.
Passport Zone and Worksite Location Employees
Annual Rate
per
Employee Cost
King County Suburbs –
1055 S Grady Way, Renton, WA
348 $300.24
$ 113,190.48
New Card(s) 0
X $ 3.00 $ 0.00
Subtotal $ 113,190.48
Total $ 113,190.48
Card Logo Permission
The Business Account hereby grants permission for the Agencies to print the Business Account's
name and logo on the Business Account's ORCA Business Cards and no further permission is
required.
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
Business Passport Flat Rate Payment Terms
• Net 60 days
Additional Information
Additional Card Orders
During the agreement term additional cards can be ordered at the standard card fee only.
Amount of Eligible Participant contribution
(Note: employees may contribute up to 50% of the Annual Rate per Employee)
King County Suburbs –
1055 S Grady Way, Renton, WA
= 0%
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by invoice , credit card or ACH,
at prevailing retail rates.
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Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 2
DESIGNATED REPRESENTATIVES
BUSINESS ACCOUNT - Primary LEAD AGENCY - Primary
Name John Hasty Kay Mennie
Title Transportation Planner Customer Relationship Manager
Address 1055 S Grady Way
Renton, WA 98057-3232
201 S Jackson St
Seattle, WA 98104
Telephone (253) 988-5817 (206) 47-4883
E-Mail choclab@rocketmail.com kay.mennie@kingcounty.gov
BUSINESS ACCOUNT - Secondary LEAD AGENCY - Secondary
Name Ellen Talbo
Title Transportation Planning Manager
Address 1055 S Grady Way
Renton, WA 98057-3232
Telephone (425) 766-2233
E-Mail etalbo@rentonwa.gov
BUSINESS ACCOUNT - Billing
Name Kelsey Marshall
Title Administrative Secretary
Address 1055 S Grady Way
Renton, WA 98057-3232
Telephone 425-430-7380
E-Mail
kmarshall@rentonwa.gov
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City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 3
ELIGIBLE CARDHOLDERS
Definition and Number of Eligible Cardholders
Eligible Participant - Businesses must, at a minimum, cover all benefits -eligible employees except those
who work 100% remote. Additional participants can be included.
Definition of
Eligible
Participants
All benefit-eligible employees
Number of
Eligible
Participants
348
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Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 4
SAMPLE - ORCA BUSINESS CARDHOLDER RULES OF USE
(Business account can customize content for means of communicating with employees )
As a Business Account Cardholder, I agree to the following:
1. I understand that the ORCA Business Card is owned by the organization that provided it to me
and it has been provided to me for my personal use only. I agree that I will not sell or transfer
my assigned ORCA Card to another person. If I violate these terms of use, my ORCA Card may
be blocked from further use.
2. I will keep my assigned ORCA Business Card secure and in good condition, and I will
immediately report a lost, stolen, or damaged ORCA Business Card to my company’s
Transportation Coordinator. I understand an ORCA Business Card will be replaced at the fee
charged by my company.
3. I will return my assigned ORCA Business Card upon request or when I leave my employment
or otherwise do not meet the eligibility requirements of my company . If I do not return my
ORCA Business Card, I understand that it may be locked for further use.
4. I understand that my ORCA Business Card is valid for the following provided by the listed
transportation Agencies.
a. 100% of fares on regularly scheduled transportation service on Community Transit,
Everett Transit, King County Metro, King County Water Taxi, Kitsap Transit and Kitsap
Ferries, Monorail, Pierce Transit, Sound Transit, and Seattle Streetcar.
b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit,
Kitsap Transit, King County Metro, and Pierce Transit.
5. I understand and will comply with policies of my employer or other institution that provided my
ORCA Business Card.
6. I understand that the ORCA Business Card is valid for fare payment only on transportation
services specified in Section 4 and I am responsible for paying any additional fares required for
services not covered, or not fully covered, by my assigned ORCA Business Card .
7. I understand that any additional ORCA Products I load onto my assigned ORCA Card will
become the property of the compa ny that owns my ORCA Business Card and the refund, if any,
of such products will be made by the company according to its refund policy .
8. I understand in the event any ORCA Products I load onto my assigned ORCA Card must be
replaced; I am responsible for any fares required during the replacement period.
9. I understand the ORCA system will record data each time I use my assigned ORCA Business
Card. Data will include the date, time and location of the card when it is presented. I understand
this data is owned by the transit Agencies and is accessible to the company that owns my ORCA
Business Card.
10. I understand that the ORCA Card must be “tapped” on a card reader to show proof of fare
payment or issuance of a valid fare . Merely showing the ORCA Card on a bus, train, ferry or
light rail vehicle does not constitute proof of fare payment or issuance of a valid fare . I will be
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subject to a fine if the ORCA Card is not "tapped," and I understand I will be personally
responsible for any fines that may be imposed .
11. I understand that for the correct fare to be recorded, I must “tap” off on a card reader when
exiting some transit systems. For example, I must "tap" off when exiting from a Sounder train or
Link light rail.
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ATTACHMENT 5
ORCA BUSINESS ACCOUNT SECURITY STANDARDS
1.0 Application Security
1.1 At the time the Business Account enters into the ORCA program a unique password will be used
by each Business Account authorized to enable access to myORCA.com.
1.2 The Business Account shall use a strong password that meets the following criteria:
a. Length - At least eight (8) characters in length or the maximum length permitted by the ORCA
system, whichever is shorter.
b. Elements - Contains one each of at least one character from each of the following four (4)
groups:
1. English upper case letters (A, B, C...)
2. English lower case letters (a, b, c...)
3. Westernized Arabic numbers: 0, 1, 2...9
4. Special characters: #%&$*!@^()[]{}<>\|?/'"+=.,
1.3 The Business Account shall restrict access to the myORCA.com website by providing its user
id and password to only the employee(s) who have a business "need to know" and who are
authorized by the Business Account as "system user(s)". If the password is updated f or reasons
listed in (a) or (b), then the security questions for that same account shall be updated as well.
1.4 Access to the myORCA.com website is restricted to the purpose of authorized administrative
support for the ORCA Business Account program
1.5 The Business Account's password shall be changed at least quarterly but al so immediately upon
(a) a system user leaving the Business Account's employment or otherwise losing his/her status
as an authorized user; and (b) the Business Account learning that the password has been
obtained by unauthorized persons or entities.
1.6 The Business Account’s Primary Contact will review security policies and guidelines with system
users at least quarterly.
2.0 Physical Security
2.1 The Business Account shall require system users, when not at their workstations, to log off the
myORCA.com website, or lock their screen using a password protected screen -saver in order
to prevent unauthorized access.
2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those
administering the program.
2.3 The Business Account shall require its employees to keep printed reports containing account
information in a secure location.
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Program Term : 3/1/2024 - 3/1/2025
3.0 Incident Management
3.1 The Business Account shall report any security incident or suspected incident immediately to
the Lead Agency. Examples of possible security incidents would be: introduction of computer
viruses, unauthorized transactions or blocked cards, or lost or stolen card stock.
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Program Term : 3/1/2024 - 3/1/2025
ATTACHMENT 6
GUARANTEED RIDE HOME PROGRAM
1.0 PURPOSE
The purpose of this agreement is to define responsibilities of the Agency and the Business
Account under the Guaranteed Ride Home program (hereinafter, “GRH.”) GRH guarantees
payment for fees incurred by eligible employees who meet the eligible criteria, a s set forth
below, and have taken rides taken in accordance with the terms set forth below.
This Agreement sets forth all the rights and duties of the parties with respect to the subject
matter thereof, and replaces any and all previous agreements or und erstandings, whether
written or oral, relating thereto.
2.0 DEFINITIONS
2.1 Eligible Employees
Eligible Employees are individuals included in the Eligible Participant definition on Attachment
3 who traveled to work using an approved commute option on the day they wish to use GRH.
2.2 Program Coordinator
The Program Coordinator is the Business Account’s designated staff person(s) or office
responsible for administering GRH for each shift.
2.3 Approved Commute Options
Eligible Employees must have commuted from their principal residence, transit center, or park
& ride lot to the Business Account’s worksite by one of the following Approved Commute
Options: bus, train, carpool, vanpool, walk-on or bicycle-on ferry, bicycle, walk or other non-
drive alone commute option.
2.4 Eligible Reasons
Eligible Reasons for using GRH are:
a. Eligible Employee’s or family member’s unexpected illness or emergency.
b. Unexpected schedule change such that the normal commute mode is not available for the
return commute to the starting place of their commute. Unexpected means the employee
learns of the schedule change that day.
c. Missing the employee’s normal return commute to the starting place of their commute for
reasons, other than weather or acts of nature, which are beyond the employee’s control
and of which they had no prior knowledge. For example, the employee’s carpool driver left
work or worked late unexpectedly.
2.5 Non-Eligible Reasons
Non-Eligible Reasons for which GRH may not be used include, but are not limited to:
a. Pre-scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illne ss related to their occupation. A
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 23 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
GRH ride should NEVER be used where an ambulance is appropriate, nor should a GRH
ride replace Business Account’s legal responsibility under workers’ compensation laws and
regulations.
c. Employee termination or reductions in force.
d. Other situations where, in the opinion of the Business Account’s Program Coordinator,
alternate transportation could have been arranged ahead of time.
e. Non-emergency side trips.
f. Inclement weather.
g. The individual has already met their trip limits for the year.
h. To take ferry commuters any farther than the ferry dock.
2.6 Eligible Destinations
Eligible Destinations for a ride under GRH from the Business Account’s work site are to:
a. Eligible Employee’s principal place of residence.
b. Eligible Employee’s personal vehicle, e.g. vehicle located at a transit center or park & ride
lot.
c. Eligible Employee’s usual commute ferry terminal on the east side of Puget Sound.
d. To a medical provider in an unexpected situation.
e. To an intermediate stop if it meets the criteria set forth below.
2.7 Intermediate Stops
An Intermediate Stop is a stop from the work site at an intermediate location before going on
to an Eligible Destination that is directly related to an emergency (i.e. pick up a necessary
prescription at a pharmacy; pick up a sick child at school), is requested in advance by the
Eligible Employee and is authorized in advance by the Business Account’s Program
Coordinator.
3.0 BUSINESS ACCOUNT RESPONSIBILITIES
3.1 Program Coordinator
Business Account shall designate as many Program Coordinators as necessary to administer
and perform the necessary GRH program tasks as set forth in this Attachment.
3.2 Number of GRH Rides per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8) GRH rides per
twelve (12) month period. There is a 60 mile trip limitation one way (employee will pay the remainder
of the fare beyond 60 miles). King County shall not pay any taxi driver gratuity. Taxi driver gratuity will
be at the sole discretion of Business Account or the Eligible Employee taking the GRH ride.
3.3 Access to Service
Business Account shall make information about how to access GRH rides available to all
Eligible Employees.
4.0 GRH PROGRAM TASKS
4.1 Process
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 24 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
To access GRH rides, Eligible Employees shall contact the Program Coordinator. The Program
Coordinator shall call an answering service provider directly, contracted by King County. The phone
number is 425-450-4555. Program Coordinator shall screen and obtain the following info rmation from
the Eligible Employee and provide the information to the answering service provider as part of
arranging the taxi ride for the Eligible Employee.
1. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
2. Verify the Eligible Employee has an Eligible Reason and Eligible Destination for a GRH ride.
4.2 Reporting
1. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee
a completed receipt of the taxi trip.
2. Business Account’s Program Coordinator shall forward copies of such receipts to King
County at the end of each month for record keeping and accounting purposes.
5.0 AGENCY RESPONSIBILITIES
5.1 Agency shall provide Business Account Program Coordinator with procedures, guidelines and
all documents needed to facilitate the program. Agencies will conduct evaluations of program’s
effectiveness.
5.2 Indemnification
Business Account agrees the Agency is not responsible for providing transportation services
under the GRH program. Business Account further agrees that the Agency makes no
guarantee or warranty as to the availability, quality or reliability of transportation service, and
that the Agency’s sole obligation under the program is to make payment of the transportation
provider for trips actually taken in accordance with the terms of this Agreement. Business
Account agrees it shall make no claims of any kind or bring any suits of any kind against the
Agency for damages or injuries of any kind arising out of or in any way related to the GRH
program. Without limiting the foregoing and by way of example only, the Business Account
agrees that the Agency shall not be liable for any injuries or damages caused by negligence or
intentional acts occurring before, during or after a ride or for any inj uries or damages caused
by failure of a transportation company to provide a ride due to negligence, intentional acts or
causes beyond their control, including but not limited to incidence of fire, flood, snow,
earthquake or other acts of nature, riots, insurrection, accident, order of any court or civil
authority, and strikes or other labor actions.
5.3 Payment of Authorized GRH
King County shall pay the metered fare amount of a Business Account’s Program Coordinator -
authorized GRH ride, as defined in the DEFINITIONS section above. Business Account’s payment for
GRH services is accounted for in the base price of the ORCA Passport Agreement, as indicated in
Attachment 1.
5.4 Reporting
The Agency shall keep a complete record of all authorized GRH ride requests a nd provide a
copy of this record to Business Account's designated Program Coordinator if requested.
5.5 Program Abuse
The Agency reserves the right to investigate and recover costs from and/or disqualify the
Business Account for intentional abuse of the GRH program by Eligible Employees. Program
AGENDA ITEM #7. k)
ORCA Business Passport Agreement Page 25 of 25
City of Renton - BAID : 2480
Program Term : 3/1/2024 - 3/1/2025
abuse is defined as, but not limited to, taking more than the maximum rides per agreement
period, taking trips for inappropriate reasons, unauthorized destinations and Intermediate
Stops, and pre-scheduled appointments not defined in the DEFINITIONS section above. The
Agency shall also have the right to recover costs from and/or disqualify a Business Account
who knowingly, willingly or intentionally violates the terms of this Agreement by authorizing
ineligible or inappropriate trips or failing to fulfill their responsibilities as described in this
Agreement.
5.6 Amendment and Termination
This Agreement and any of its terms or provisions may be amended by written agreement of
the parties. All amendments to this Agre ement shall be in writing and signed by the persons
authorized to bind the parties to this Agreement and as provided herein.
The Agreement may be terminated by either the Agency or the Business Account for
convenience and without cause by giving written notice of such termination to the other party
at least thirty (30) days prior to the effective date of such termination. This Agreement shall
continue in force until terminated by either party or until the Business Account’s ORCA
Business Passport Agreement is terminated, whichever comes first.
The Agency shall have the right to terminate the Agreement immediately if the Business
Account places the Agency or the public at undue risk as determined by Agencies, or if the
Business Account’s ORCA Business Pass port Agreement is suspended or terminated.
AGENDA ITEM #7. k)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF RENTON AND THE CITY OF
KENT FOR THE SW 43RD STREET PRESERVATION PROJECT
WHEREAS, the City of Renton and the City of Kent are authorized, pursuant to Chapter
39.34 RCW, to enter into an interlocal government cooperative agreement of this nature; and
WHEREAS, a part the City of Renton’s SW 43rd Street Preservation Project is within the
City of Kent; and
WHEREAS, the Cities of Renton and Kent have both identified the need for roadway
preservation on SW 43rd Street to improve the overall condition of the pavement and extend the
life of the pavement; and
WHEREAS, it is in the best interest of the Renton and Kent to establish a lead agency to
manage this Project and to provide permitting, design, environmental review, property
acquisition, and construction of the Project; and
WHEREAS, the City of Renton will be the lead agency for the project as set forth in the
interlocal agreement (attached as Exhibit “A”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The Mayor and City Clerk are hereby authorized to enter into the interlocal
agreement between the City of Renton and the City of Kent for the SW 43rd Street Preservation
Project, attached as Exhibit “A” and incorporated by this reference.
AGENDA ITEM # 9. a)
RESOLUTION NO. _______
2
PASSED BY THE CITY COUNCIL the day of , 2024.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
RES- PW:24RES002:1/12/24
AGENDA ITEM # 9. a)
Page 1 of 5
INTERLOCAL AGREEMENT
BETWEEN CITY OF RENTON AND CITY OF KENT
REGARDING PARTICIPATION IN THE
SOUTHWEST 43RD STREET PRESERVATION PROJECT
THIS AGREEMENT is made and entered into by and between the City of Renton, hereinafter
called "Renton," and the City of Kent, hereinafter called "Kent." This Agreement is made for
the purpose of performing permitting, design, acquiring necessary property rights, and
construction of improvements to the Southwest 43rd Street Preservation Project between
west Renton City limits and SR 167 On/Off Ramp intersection (“Project”).
RECITALS
A. Part of the Project is within the City of Renton and part of the Project is within the City
of Kent.
B. The Cities of Renton and Kent have both identified the need for roadway preservation
on Southwest 43rd Street to improve the overall condition of the pavement and extend
the life of pavement.
C. It is in the best interest of Renton and Kent to establish a lead agency to manage this
Project and to provide for the permitting, design, environmental review, property
acquisition, and construction of the Project.
D. Renton and Kent are authorized, pursuant to Chapter 39.34 RCW, to enter into an
interlocal government cooperative agreement of this nature.
NOW, THEREFORE, Renton and Kent agree as follows:
1. SCOPE OF WORK
This Project will rehabilitate the pavement along Southwest 43rd Street to improve the
overall condition of the pavement and extend the life of pavement. Pedestrian access
routes including crosswalks and their respective curb ramps disturbed within the limits
of the roadway rehabilitation will be upgraded to Proposed Accessibility Guidelines for
Pedestrian Facilities in the Public Right-of-Way (“PROWAG”) dated July 26, 2011, R3 &
R4 standards, 36 Code of Federal Regulations Part 1190.
The Scope of Work for this project includes the following: pavement analysis, street
rehabilitation, PROWAG curb ramp reconstruction, utility adjustments, re-
channelization, and traffic control.
2. TERMS AND CONDITIONS
2.1 Renton will be the lead agency for the Project with regard to permitting, design,
environmental review, obtaining right-of-way and other property, if needed,
construction and all other matters pertinent to accomplishment of the Project.
RESOLUTION NO. ______
Exhibit A
AGENDA ITEM # 9. a)
Page 2 of 5
2.2 Renton will be responsible for the advertisement and selection of engineering
and other design consultants as necessary for the completion of the
engineering design.
2.3 Renton will be responsible for coordinating the public information and
involvement effort in Renton and Kent. Kent shall be given the opportunity to
attend and participate in any public meetings.
2.4 The parties to this Agreement will appoint a contact person or persons to act as
liaison for the Project. These contact persons will meet on an "as needed" basis
to provide guidance for the Project and serve as a coordination body between
the two agencies.
2.5 Renton will provide 90 percent plans, including traffic control plans, and
specifications to Kent for review. Kent will provide written comments, if any, to
Renton within the shortest time possible (14 days or less) after Kent receives
the plans and specifications.
2.6 Renton will be responsible for the acquisition of all property necessary for the
Project. Kent agrees to cooperate in Renton's efforts to acquire property that
lies within Kent's portion of the Project area. Any eminent domain proceedings
which are instituted as a result of this agreement in either Renton's boundaries
or Kent's boundaries will be funded by the Project.
2.7 Kent hereby grants Renton right-of-entry into the incorporated limits of Kent
for the purpose of performing any and all tasks necessary to complete the
Project, consistent with approval by the City of Kent.
2.8 The final acceptance of the Project design will be by Renton after review and
written notification of acceptance by Kent for work completed within Kent’s
jurisdiction.
2.9 Kent will be invited to the preconstruction meeting. An invitation will be sent
to the appointed contact person for Kent.
3. CONSTRUCTION CONTRACT BIDDING
3.1 Renton will perform project planning, provide a project description, and
prepare the contract bid documents for the Project.
3.2 Renton will advertise the contract in the official legal publication for Renton,
the Daily Journal of Commerce and Builders Exchange of Washington.
3.3 Renton will provide to Kent a copy of the plans and specifications advertised for
bid.
AGENDA ITEM # 9. a)
Page 3 of 5
3.4 Renton will open the bids. Renton will notify Kent of the time and date of the
opening of the bids, which will be approximately five to six weeks after the
Project is advertised. Kent may, but need not, attend the opening of the bids.
3.5 Renton will tabulate the bids. Renton shall provide a dated, verified copy of the
bid tabulations to Kent. The bid tabulations will identify the estimated
construction costs and cost of the apparent low bid.
3.6 Renton will award the contract to the lowest responsive, responsible bidder for
the total Project, subject to applicable laws and regulations.
3.7 Renton reserves the right to reject all bidders.
4. CONTRACT ADMINISTRATION
4.1 Renton will provide the necessary engineering, administration, inspection,
clerical and other services necessary for the execution of the Project. In
providing such services within Kent, Renton’s Public Works Administrator may
exercise all the powers and duties of the public works director as set forth in
Kent City Code.
4.2 Renton will at all times keep Kent advised as to the progress of the Project, and
shall not order or approve any changes in the approved Project design that
substantially change the nature of the Project within the limits of Kent without
first consulting with and gaining the approval of Kent.
4.3 Prior to Project completion, both parties will perform a mutual final inspection
of the Project. Kent may provide a written deficiency list to Renton within ten
working days after the final inspection. The contractor will complete only
construction deficiencies that comply with the contract specifications. Final
Project acceptance will be by Renton and in accordance with Section 2.8.
5. OWNERSHIP AND MAINTENANCE
Renton and Kent will own and maintain Project facilities within their respective political
boundaries after Project acceptance.
6. PAYMENT
There will be no monetary obligations of Kent in the planning, permitting, design,
appraisals, acquisition of necessary property, and construction of improvements to the
Project.
7. DURATION/TERMINATION
7.1 This Agreement shall remain in effect until final acceptance of the Project.
AGENDA ITEM # 9. a)
Page 4 of 5
7.2 If expected or actual funding is withdrawn, reduced, or limited in any way prior
to the commencement of the Project, Renton may, with 30 days written notice
to Kent, terminate this Agreement.
8. INDEMNIFICATION AND HOLD HARMLESS
Washington State law shall govern the respective liability between the parties to this
Agreement for any loss due to property damage or personal injury arising out of the
activities conducted pursuant to this Agreement.
9. DISPUTE RESOLUTION
9.1 In the event of a dispute between the parties regarding this Agreement, the
parties shall attempt to resolve the matter informally. If the parties are unable
to resolve the matter informally within 30 days, the matter shall be decided by
Renton's Public Works Administrator.
9.2 Renton and Kent may also agree to an alternative dispute resolution process.
10. OTHER PROVISIONS
10.1 Renton shall be deemed an independent contractor for all purposes and the
employees of Renton, or any of its contractors, subcontractors, and their
employees shall not in any manner be deemed to be employees of Kent.
10.2 Nothing contained herein is intended to, nor shall be construed to, create any
rights in any party not a signatory to this Agreement, or to form the basis for
any liability on the part of Renton, Kent, or their officials, employees, agents, or
representatives, to any party not a signatory to this Agreement.
10.3 Waiver of any breach of any provision of this Agreement shall not be deemed
to be a waiver of any prior or subsequent breach and shall not be construed to
be a modification of the terms of this Agreement.
10.4 Each party shall retain ownership and usual maintenance responsibility for the
road, drainage system, signs, sidewalk, and other property within its
jurisdiction.
10.5 If any provision of this Agreement shall be held invalid, the remainder of the
Agreement shall not be affected thereby if such remainder would then continue
to serve the purposes and objectives of the parties.
10.6 The captions in this Agreement are for convenience only and do not in any way
limit or amplify the provisions of this Agreement.
10.7 This Agreement contains the entire agreement of the parties and any
representations or understandings, whether oral or written, not incorporated
herein are excluded.
AGENDA ITEM # 9. a)
Page 5 of 5
10.8 This Agreement may be amended only by an instrument in writing, duly
executed by both parties.
10.9 Renton shall provide notice to the Kent contact person identified in section 2.4
at least 5 days’ notice prior to the beginning of construction to allow Kent to
post traffic advisories to the community.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of the date
last written below.
CITY OF RENTON
By:_____________________________
CITY OF KENT
By:____________________________
Armondo Pavone
Mayor
Dana Ralph
Mayor
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Attest
_____________________________
Kimberley A. Komoto
City Clerk
Approved as to Legal Form
By: __________________________
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
Tammy White
City Attorney
Melissa McCormick on behalf of
AGENDA ITEM # 9. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A
PORTION OF THE EAST-WEST RIGHT-OF-WAY THROUGH BLOCK 15, C.D.
HILLMANS LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE
NO. 1 (VAC-23-001).
WHEREAS, a proper petition for vacating a portion of right-of-way as hereinafter
more particularly described was filed with the City Clerk on June 26, 2023, and that petition
was signed by the owners representing more than two-thirds (2/3) of the property abutting
upon the portion of right-of-way to be vacated; and
WHEREAS, petitioners seek vacation of a portion of the east-west right-of-way
through Block 15 of C.D. Hillmans Lake Washington Garden of Eden Addition to Seattle No.
1, as hereinafter more particularly described, which right-of-way is greater than twenty-five
(25) years old, having been dedicated to the public by plat filed for record on July 22, 1904;
and
WHEREAS, the City Council, by Resolution No. 4504, passed on August 7, 2023, set
September 11, 2023, at 7:00 P.M. in Council Chambers of the City of Renton and via Zoom
as the time and place for a public hearing on this matter; and the City Clerk gave proper
notice of this public hearing as provided by law, and all persons were heard who appeared
to testify in favor or in opposition on this matter, and the City Council considered all
information and arguments presented to it to determine whether the vacation is in the
public interest, whether the property is not required for overall circulation of traffic within
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
2
the City, and that the requested vacation is not detrimental to the public health, safety, and
general welfare; and
WHEREAS, the Administrator of the Community and Economic Development
Department has considered this petition for vacation, and has found it to be in the public
interest and for the public benefit, and that it is unlikely that injury or damage to any person
or properties will result from this vacation; and
WHEREAS, City departments and franchisees reviewed the right-of-way and
determined that no utility easements need to be retained in the vacated right-of-way; and
WHEREAS, on September 11, 2023, the City Council determined that the vacation
should be granted. The City Council adopts the recommendation of the Community and
Economic Development Department to set compensation pursuant to Renton Municipal
Code 9-14-5.B at the appraised value of $20,700 for the right-of-way vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Contingent upon payment of the compensation set forth in Section II,
and pursuant to the terms in Section III, the following described portion of the east-west
right-of-way through Block 15 of C.D. Hillmans Lake Washington Garden of Eden Addition to
Seattle No. 1, to wit:
AN ALLEY RIGHT-OF-WAY, HAVING A WIDTH OF 12 FEET, RUNNING IN AN
EAST-WEST DIRECTION THROUGH BLOCK 15, C.D. HILLMAN’S LAKE
WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, AS RECORDED
IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY,
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
3
WASHINGTON; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF PARK AVENUE NORTH, EXTENDED, AND EASTERLY OF THE SOUTHERLY
EXTENSION OF THE WEST LINE OF LOT 3, BLOCK 15, FROM THE SOUTHWEST
CORNER OF LOT 3 TO THE NORTHWEST CORNER OF LOT 48, BLOCK 15, OF
SAID PLAT.
AS SITUATED WITHIN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP
23 N., RANGE 5 E., W.M.
which portion is depicted in Exhibit A, attached hereto and incorporated herein, is hereby
vacated.
SECTION II. Compensation is hereby set at the appraised value of $20,700 for the
right-of-way vacation. Pursuant to RCW 35.79.030 and RMC 9-14-8, said compensation shall
be placed in the Street Construction Fund and fifty percent (50%) of the revenue shall be
dedicated to acquisition, improvement, development, and related maintenance of public
open space or transportation capital projects within the City of Renton.
SECTION III. The vacation shall only be effective upon receipt by the City of Renton
of a single payment within ninety (90) days of the effective date of this ordinance, in the
amount of $20,700, which represents full appraised value of the right-of-way to be vacated.
This ordinance shall not be recorded with the King County Recorder’s Office until and unless
the City receives timely payment in full.
SECTION IV. If the City does not receive the full payment specified in Section III of
this ordinance within the timeframe required thereby, no payment shall be accepted and
the City Council will consider a new ordinance to either void the decision to vacate and repeal
this ordinance or allow additional time to receive payment.
AGENDA ITEM # 9. b)
ORDINANCE NO. ________
4
SECTION V. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary
shall consist of this ordinance’s title.
SECTION VI. Upon timely receipt of full payment, a certified copy of this ordinance
shall be filed with the King County Recorder’s Office, and as otherwise provided by law.
PASSED BY THE CITY COUNCIL the _______ day of ___________________, 2024.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2024.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:2285(23ORD003):12/29/2023
AGENDA ITEM # 9. b)
5
EXHIBIT A
AGENDA ITEM # 9. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATING TO THE
TEMPORARY WAIVER OF PARKING FEES FOR THE CITY CENTER PARKING GARAGE
ESTABLISHED BY ORDINANCE NO. 5997 AND EXTENDED AND AMENDED BY
ORDINANCE NOS. 6018, 6039, AND 6065, IN RESPONSE TO THE OPERATIONAL
LIMITS ON BUSINESSES TO EXTEND THE TEMPORARY WAIVER OF PARKING FEES
FOR PARKING FOR PERIODS OF UP TO 10 HOURS WITHIN THE CITY’S CITY CENTER
PARKING GARAGE LOCATED AT 655 SOUTH 2ND STREET, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Center Parking Garage is an important asset for the downtown area
as it provides convenient parking for persons visiting downtown for events, dining, shopping,
recreation, and other business-related activities; and
WHEREAS, the actual usage of the garage remains fairly low. Allowing patrons to utilize
the garage without charge (for free) is important to ensuring that it remains an available option
that drivers will utilize either for multi-hour parking for longer downtown visits or for quicker
visits and times when on-street parking options are more limited; and
WHEREAS, construction of the nearby Williams Avenue streetscape improvements has
been slightly delayed and will extend into the first quarter of 2024. During construction, property
and business owners have been encouraged to recommend the garage and its free parking option
as an alternative place to park for customers and employees. Leaving the free parking in place
during 2024 allows the streetscape improvements team to continue promoting this option during
the remainder of the construction period; and
WHEREAS, although the pandemic has ended, downtown businesses remain in recovery
mode. Providing sufficient, convenient, and free parking at the garage will assist in the recovery
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
2
effort for Downtown’s small and locally-owned businesses by encouraging more customers to
visit Downtown to patronize them; and
WHEREAS, in order to accommodate the anticipated increases in short-term parking the
area zoned Center Downtown (CD) and to assist the struggling downtown business community,
Ordinance No. 5997 temporary waived hourly parking fees in the City’s City Center Parking
Garage located at 655 South 2nd Street for parking up to 10 hours.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Council hereby temporarily extends the waiver of the following parking fees
established in Section III of the City of Renton Fee Schedule for the following parking periods with
the City Center Parking Garage:
Zero (0) to two (2) hours;
Two (2) to four (4) hours;
Four (4) to six (6) hours;
Six (6) to (10) hours
to December 31, 2024.
SECTION II. If any section, subsection, sentence, clause, phrase, or word of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section,
subsection, sentence, clause, phrase, or word of this ordinance.
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
3
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL the day of , 2024.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2024.
______________________________
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-PW:2286(23ORD004):12/27/23
AGENDA ITEM # 9. c)