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