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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, May 4, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) Our commitment to an inclusive community that rejects stigma and bias related to
COVID-19 - May 4, 2020
b) Public Service Recognition Week - May 2 - 9, 2020
4. ADMINISTRATIVE REPORT
5. AUDIENCE COMMENTS
In response to COVID-19, Councilmembers are attending this meeting remotely. Due to
security concerns, the video-conference identification number is not being shared publicly.
City Hall is closed so no in-person comments will be accepted, however, residents are
encouraged to participate in a variety of ways. 1) Residents may submit comments in advance
to cityclerk@rentonwa.gov, 2) Residents may also call-in to 425-430-7171 then enter code
0033665# to listen to the proceedings, 3) Residents may view the proceedings live on
Renton’s Channel 21, and 4) Residents may view the proceedings streaming live at
http://rentonwa.gov/streaming.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of 4/27/2020.
Council Concur
b) AB - 2641 Human Resources / Risk Management Department recommends approval of
Standard Insurance Company's life insurance rate and coverage amendment, which
reduces rates, improves some minor coverage provisions, and extends the service
agreement for rate guarantee through 2023.
Council Concur
c) AB - 2632 Police Department requests authorization to execute an Interlocal Agreement,
Memorandum of Understanding, and a Radio End User Service Level Agreement with
Puget Sound Emergency Radio Network (PSERN), which implements a new public safety
radio system and defines agencies' roles and responsibilities.
Refer to Public Safety Committee
d) AB - 2638 Police Department requests authorization to execute the Edward Byrne
Memorial Justice Assistance (JAG) Program FY2018 Local Solicitation grant agreement, in
order to receive up to $30,158 in grant funds to supplement the City's domestic violence
victim advocate program.
Council Concur
e) AB - 2639 Police Department requests authorization to execute the Edward Byrne
Memorial Justice Assistance (JAG) Program FY2019 Local Solicitation grant agreement, in
order to receive up to $34,341 in grant funds to supplement the City's domestic violence
victim advocate program.
Council Concur
f) AB - 2642 Public Works Administration requests authorization to hire a Wastewater
Utility Engineering Manager at salary grade m33, Step E.
Refer to Finance Committee
g) AB - 2635 Transportation Systems Division requests approval to execute Amendment 1-
20 to LAG-19-001, lease with Rainier Flight Services, LLC, which results in an initial annual
economic impact of $22,577.40 by bringing the land rental rate current; and benefits all
parties by extending the organization's opportunity to meet construction deadlines.
Refer to Transportation (Aviation) Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
8. LEGISLATION
Resolution:
a) Resolution No. 4407: 2019/2020 Fee Schedule Update (Approved via 4/27/2020 Finance
Committee Report)
Ordinance for second and final reading:
b) Ordinance No. 5969: Carry Forward/1st Qtr Budget Adjustment (First Reading on
4/27/2020)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
7:00 p.m. - MEETING REMOTELY
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
Proclamation
Whereas, in 2017, Renton City Council adopted a proclamation affirming our belief that an inclusive
community is fundamental in building a supportive community, and promotes mutual respect and
appreciation for all people represented within its community; and
Whereas, since the outbreak of COVID-19, immigrant and refugee community leaders and civil rights
organizations have reported a regional and national increase in bias, harassment, and hate crimes,
particularly against Asian American, African American, Hispanic, and other marginalized communities;
and
Whereas, misinformation about coronavirus propagates fear that hurts people and impairs the ability
of our first responders and other city services to provide necessary response to COVID-19; and
Whereas, each of us has the ability to promote inclusiveness, celebrate diversity, support all fellow
community members, prevent the spread of misinformation, and reject hate and bias in all forms; and
Whereas, the City of Renton rejects racially based bias, harassment, and hate crimes due to COVID-19,
will not tolerate discrimination of any kind, and denounces all COVID-19-related misnaming, blaming
and harassment based on race, ethnicity, physical ability, socio-economic status, gender
preference/sexual orientation, age or religion; and
Whereas, we ask community members who observe or are experiencing incidents of discrimination,
harassment, or hate crimes to call 911 to report the incident, whether it is deemed an emergency or
not;
Now, therefore, I, Armondo Pavone, Mayor of the City of Renton, do hereby proclaim
Our commitment to an inclusive community that rejects
stigma and bias related to COVID-19
in the City of Renton, and I urge all Renton residents to treat each other with respect and work together
to overcome all expressions of hate and bigotry.
In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be
affixed this 4th day of May, 2020.
_____________________________
Armondo Pavone, Mayor
City of Renton, Washington
AGENDA ITEM #3. a)
\
Armondo Pavone Mayor
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AGENDA ITEM #3. b)
April 27, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, April 27, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
(all Councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Robert Harrison, Chief Administrative Officer
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Preeti Shridhar, Deputy Public Affairs Administrator
Chip Vincent, Community & Economic Development Administrator
Ron Straka, Acting Public Works Administrator
Ellen Bradley‐Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Community Services Administrator
(All City staff attended remotely except City Clerk Seth)
AGENDA ITEM #6. a)
April 27, 2020 REGULAR COUNCIL MEETING MINUTES
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 2020 and beyond. Items noted were:
To help make every day Earth Day in Renton, the Solid Waste Utility has created a fun
Earth Day Bingo Challenge for all ages that will run through May 4. To share with the
community small changes we can make to take care of the earth, participants can
post their photos and bingo card on social media with #EarthLoveRenton. In addition
to the Earth Day Bingo Challenge, the Earth Day at 50 newsletter from the Utility
Systems Division provides tips and information on conserving resources and saving
money. These items may be found on our website at www.rentonwa.gov/earthday.
The deadline to enter the K‐12 2020 Census art competition is Thursday, April 30! To
enter, create art for census awareness and email a photo of your creation to
rencensus@thevoiceofplanet.com. For more information, visit thevoiceofplanet.com
or call 310‐986‐4280.
You can find information on the city’s website and social media pages regarding the
city’s COVID‐19 response. Additionally, the Mayor’s newsletter is published three
times per week and has the most up‐to‐date information and access to state and
county resources. If you haven’t signed up for the Mayor’s newsletter, you can do so
at http://rentonwa.gov/mnl
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
City Clerk Seth forwarded an email from Ron Jones to Council and the Administration
regarding the collection of sales tax from private sales on places such as Facebook
Marketplace and Craigslist.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of April 20, 2020. Council Concur.
b) AB ‐ 2636 City Clerk submitted the quarterly list of fully executed contracts between 1/1/2020
‐ 3/31/2020, and a report of agreements expiring between 4/1/2020 – 9/30/2020. None;
Information Only.
c) AB ‐ 2633 Public Works Administration requested authorization to purchase a Ford F‐550
Truck with Terex Hi‐Ranger LT40 Articulating/Telescoping Aerial Device, in the amount of
$154,205, using Sourcewell contract 012418‐TER. The funds for this purchase were included
in the 2019/2020 Biennial Budget. Council Concur.
MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR TO APPROVE
THE CONSENT AGENDA, AS PRESENTED. CARRIED.
AGENDA ITEM #6. a)
April 27, 2020 REGULAR COUNCIL MEETING MINUTES
UNFINISHED BUSINESS
a) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $7,006,065.44 for vouchers, 382374‐382383,
382396‐382666 payroll benefit withholding vouchers 6251‐6260, 382384‐382395
and one wire transfer.
2. Payroll – total payment of $1,497,958.35 for payroll vouchers which includes 624
direct deposits and 4 checks (03/16/20‐03/31/20 pay period).
3. Kidder Mathews vouchers 6083‐6106 totaling $21,140.79.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve an amendment in the 2019/2020 Budget appropriations in the amount of $137,996,543
with the total amended budget to be $845,572,113 for the biennium. The Finance Committee
recommended concurrence in the staff recommendation to approve an amendment in the
2019/2020 Fee Schedule as noted in a redlined version of the attached 2019/2020 Fee Schedule.
The Committee further recommended that the ordinance regarding the 2020 Carry Forward and
1st Quarter Budget Amendment be presented for first reading and that the resolution regarding
the 2019/2020 Fee Schedule be presented for reading and adoption.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
c) Planning and Development Committee Chair Corman presented a report regarding the Penney
Lofts project, recommending concurrence in staff’s recommendation that Council:
(1) Waive the application deadline;
(2) Approve the Multi‐Family Housing Property Tax Exemption Agreement that
addresses the terms and conditions for the Penney Lofts project to receive a partial
property tax exemption for 8 years upon completion; and
(3) Authorize the Mayor to execute said agreement in substantially the same form.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Ordinance for first reading:
a) Ordinance No. 5969: An ordinance was read amending the City of Renton fiscal years
2019/2020 Biennial Budget as adopted by Ordinance No. 5898, in the amount of
$137,996,543.
MOVED BY PRINCE, SECONDED BY CORMAN, 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.
Councilmember Vǎn requested a resolution be drafted similar to the one the City of Redmond
adopted, therefore, it was
AGENDA ITEM #6. a)
April 27, 2020 REGULAR COUNCIL MEETING MINUTES
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL REFER THE MATTER OF DOING
A RESOLUTION, SIMILAR TO THE CITY OF REDMOND, REGARDING COVID‐19 AND
BIAS AND STIGMA TO THE ADMINISTRATION. **
Discussion ensued clarifying that African American and Latino communities would be
included; clarifying that undocumented workers had not been asked to show paperwork in
Renton, however, some African Americans had been discriminated against for wearing masks
in public; debating the merits of adopting a resolution versus a proclamation and
acknowledging that the Administration could make that determination; and determining that
although it was not necessary to re‐visit every past policy decision Council had made, it was
generally acceptable to reemphasize the City’s shared values at times. **MOTION CARRIED.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED.
TIME: 7:33 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
27 Apr 2020
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
April 27, 2020
May 4, 2020 Monday
4:30 PM Community Services Committee, Chair Văn - Videoconference
1. Summer Recreation Update
CANCELLED Transportation Committee, Chair McIrvin
5:15 PM Committee of the Whole, Chair Pérez – Videoconference
1. Affordable Housing Update
2. Civic Core and Downtown Update
3. Renton Municipal Arts Commission Update
7:00 PM City Council Meeting, Chair Pérez – Videoconference
AGENDA ITEM #6. a)
AB - 2641
City Council Regular Meeting - 04 May 2020
SUBJECT/TITLE: Approval of amended life insurance rates and coverage for 2020 -
2023, with The Standard Life Insurance Company
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Human Resources / Risk Management Department
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: X7657
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The city's current life insurance service agreement with The Standard ends December 31, 2020. After cleaning
up some procedural issues, The Standard agreed to reduce their rates, improve some minor coverage
provisions, and extend the length of the service agreement for rate guarantee (length of time that they can’t
increase the city's rates) through 2023. Details of rate and coverage changes are provided in the attached
Amendment request. The pending contract issued by The Standard will be effective May 1, 2020.
EXHIBITS:
A. Request for Group Insurance Amendment
STAFF RECOMMENDATION:
Approve The Standard's life insurance rate and coverage amendment, effective May 1, 2020, through 2023,
and adjust employer-paid rates retroactively according to the final contract.
AGENDA ITEM #6. b)
Standard Online Amendment Request 1 of 2 4/16/2020 2:33 PM
Request for Group Insurance Amendment
Standard Insurance Company
900 SW Fifth Avenue
Portland, OR 97204-1282
Employee Benefits Consultant: David Tappan
Employee Benefits Service Representative: Michele Scaglia
Employee Benefits Sales and Service Office: Seattle
Policyholder: City of Renton
Group Number: 648039
As an authorized representative of the Employer, I request that Standard Insurance Company (“The
Standard”) amend the above Employer’s coverage under the Group Policy to make the following
change(s):
Life:
Remove Evidence of Insurability requirement for Dependent Life late enrollees
Increase Additional Life Guarantee Issue to $200K, for newly eligible Members
Long Term Disability:
Remove Prudent Person Language from Pre-Ex
Revise LTD Member Definition to:
1. A regular non-bargaining employee in pay grade: m, n or e, including the elected Mayor and Judges,
but not Councilmembers;
2. A regular employee in pay grade: a or pn, who is eligible for membership in AFSCME or the Police
Non-Commissioned Guild.
Revise LTD Class Definitions to:
Class 1: Employees not represented by a bargaining unit, including the elected Mayor and Judges, but
not Councilmembers.
Class 2: Employees represented by AFSCME or Police Non-Commissioned Guild.
Rates:
Basic Life, Classes 1 and 3: $0.06 (from $0.09)
Basic Life, Class 2: $0.79 (no change)
AD&D: $0.025 (from $0.030)
Dependent Life: $0.31 (no change)
Additional Life EE/SP/CH: Rates vary (no changes)
LTD: 0.29% of Insured Earnings (from .415%)
Rate Guarantee all coverages: January 1, 2023
I request that the amendment become effective on 05/01/2020. I understand that the amendment will not
become effective unless approved and issued by The Standard.
I request that the amendment be approved by The Standard subject to The Standard’s usual underwriting
requirements, including, if applicable, Evidence of Insurability or a Pre-existing Condition provision.
AGENDA ITEM #6. b)
Standard Online Amendment Request 2 of 2 4/16/2020 2:33 PM
I understand that the amendment, if approved by The Standard, will be issued in the policy language
customarily used by The Standard.
I understand that any increase in Insurance for a Member who is not Actively At Work all day on the
Member’s last regular work day before the scheduled effective date of the amendment will be deferred
until the first day after the Member completes one full day of Active Work.
I request that the amendment, if approved and issued by The Standard, become effective by its terms
without any further acceptance by the Employer, and that a copy of this Request for Group Insurance
Amendment form be attached to and made a part of the amendment.
Sign Name: Title: \s1\\t1\
Authorized Representative
Print Name: Date: \n1\\d1\
AGENDA ITEM #6. b)
AB - 2632
City Council Regular Meeting - 04 May 2020
SUBJECT/TITLE: Puget Sound Emergency Radio Network (PSERN)
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police Department
STAFF CONTACT: Kevin Keyes, Deputy Chief
EXT.: 7597
FISCAL IMPACT SUMMARY:
The City of Renton is seeking to take part in the implementation of the Puget Sound Emergency Radio Network
(PSERN). PSERN and its board do not exist until the separate interlocal agreement (ILA) is finalized. That IL A
delegates all decisions regarding funding of PSERN to the PSERN board. Currently, the Service Level
Agreement (SLA) defers to the PSERN board to set rates. Although there is no dollar value, staff believes this
SLA needs to be approved by Council due to the assumption that the value of the equipment the City is
agreeing to pay for, over the open-ended term of the SLA, exceeds the Mayor’s $100,000 contracting
authority.
King County is the other party to this SLA. In 2015, the parties entered the attach ed implementation ILA to
plan for the creation of a stand-alone PSERN entity. The 2015 implementation ILA did not itself create a new
PSERN entity, but the attached operating ILA will create a new entity.
SUMMARY OF ACTION:
Valley Com is responsible for the ownership, operation, and maintenance of various elements in the current
King County Emergency Radio Communications System (KCERCS), a voice radio system that has been in
existence since 1993.
Valley Com, King County, the city of Seattle, and the Eastside Public Safety Communications Agency (EPSCA)
determined that it is in the public interest to implement a new public safety radio system, the Puget Sound
Emergency Radio Network (PSERN). The operating entity will have f our voting representatives on a board of
directors – one from each of the following four groups – King County, Seattle, Valley Com cities, and Eastside
Public Safety Communications Agency cities.
The costs of implementing the PSERN system are financed through a funding measure approved by voters at
the April 2015 election, and the above-mentioned parties then executed a separate implementation
agreement (“Implementation Period ILA”) that designated King County to be the lead agency to plan, procure,
finance, and implement the PSERN system with the oversight of a joint board established pursuant to the
Implementation Period ILA.
The Implementation Period ILA contemplates creation of a new separate governmental agency under RCW
39.34.030(3)(b) that is organized through an interlocal agreement as a non-profit corporation under the
Interlocal Cooperation Act (Operator ILA). Once formed, this agency will assume the ownership and control of
PSERN during its useful life.
AGENDA ITEM #6. c)
Under the Operator ILA, Section 4.2.1.4, the Valley Com member cities representative will be selected from
one mayor or city manager or his/her designee representing the cities of Auburn, Federal Way, Kent, Renton,
and Tukwila. The Operator ILA also provides that the Valley Com member cit ies retain the right to determine
who will represent them on the PSERN Board of Directors. Thus, the ILA establishes an entity to manage the
system and establishes a board to oversee the entity.
The purpose of the MOU is to designate the manner in which the five Valley Com member cities will select its
representative and governs how the current Valley Com cities will manage their shared vote on the PSERN
Operating Board of Directors.
The end user agreement is required of all users, not just those who are party to the ILA. It governs the use of the PSERN
system/equipment.
EXHIBITS:
A. ILA
B. MOU
C. End User Agreement
D. Resolution
STAFF RECOMMENDATION:
Authorize the Mayor to sign the Interlocal Agreement, the MOU, and the Radio End User Service Level
Agreement
AGENDA ITEM #6. c)
Page 1
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Puget Sound Emergency Radio Network Operator Interlocal Cooperation
Agreement (“Agreement”) is entered into pursuant to chapter 39.34 RCW (the “Interlocal
Cooperation Act”) by and among King County and the cities of Auburn, Bellevue, Federal
Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila,
each a political subdivision or municipal corporation of the State of Washington
(individually, a "Party" and collectively, the "Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King County
Emergency Radio Communications System (KCERCS), a voice radio system that is
nearly twenty years old and is increasingly unsupported by the supplier of the system’s
equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, as well as uniformly high-
quality emergency radio communications. Said new system is referred to herein as the
“Puget Sound Emergency Radio Network System” or “PSERN System.”
C. The costs of implementing the PSERN System are financed through a funding
measure approved by voters at the April 2015 election.
D. The Parties executed a separate agreement (“Implementation Period ILA”) that
designates King County to act as the lead agency for planning, procurement, financing
and implementation of the PSERN System with the oversight of a Joint Board established
pursuant to the Implementation Period ILA.
E. The Implementation Period ILA contemplates that the Parties will create a new
separate governmental agency under RCW 39.34.030(3)(b) that is organized as a non-
profit corporation under Chapter 24.06 RCW as authorized by the Interlocal Cooperation
Act to assume the ownership and control of the PSERN System following Full System
Acceptance and be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to create the new governmental agency to be
known as the “PSERN Operator” and establish the terms for governance of the PSERN
Operator and the terms under which the PSERN Operator will undertake the ownership,
operations, maintenance, management and on-going upgrading/replacing of the PSERN
System. NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
AGENDA ITEM #6. c)
Page 2
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall also
mean and include the plural (and vice versa), and the masculine gender shall also
mean and include the feminine and neutral genders (and vice versa).
1.1.2 References to statutes or regulations include all current and future statutory
or regulatory provisions consolidating, amending or replacing the statute or
regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation.”
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by King County, the due date shall
be deemed to be the next Business Day.
1.1.9 The headings and captions inserted into this Agreement are for convenience
of reference only and in no way define, limit, or otherwise describe the scope or
intent of this Agreement, or any provision hereof, or in any way affect the
interpretation of this Agreement.
1.1.10 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
AGENDA ITEM #6. c)
Page 3
Words and terms used in this Agreement and not otherwise defined herein (including in
the recitals which are hereby incorporated into this Agreement by this reference) shall be
given their ordinary and usual meanings or their well-known technical industry meanings
except that the following terms are defined for this Agreement as follows:
1.2.1 Board of Directors or Board means the board described in Section 4.0 of this
Agreement and shall be the governing body of the PSERN Operator.
1.2.2 Agreement means this Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement, as it may hereafter be amended or modified
from time to time, together with all exhibits and appendices hereto, as they may
hereafter be amended or modified.
1.2.3 Consolidated Service Area means those geographic areas of King County,
Pierce County and Snohomish County, Washington, previously served by the
emergency radio networks of King County, the City of Seattle, EPSCA and Valley
Com, and which areas are to be prospectively served by the PSERN System. The
Consolidated Service Area shall also include those other geographic areas that
are added to the area served by the PSERN System as expanded in accordance
with action of the Board of Directors.
1.2.4 Director means a person designated as a member of the Board of Directors
pursuant to Section 4.2 of this Agreement.
1.2.5 Dispatch Center means an organization that has entered into an agreement
with King County or the PSERN Operator for console service on the PSERN
System.
1.2.6 EPSCA means the Eastside Public Safety Communications Agency, formed
pursuant to chapters 39.34 and 24.06 RCW, created by the cities of Bellevue,
Issaquah, Kirkland, Mercer Island and Redmond, or its successor agency.
1.2.7 Executive Director means the chief executive officer for the PSERN Operator
appointed by and serving at the pleasure of the Board of Directors.
1.2.8 Full System Acceptance or FSA means the determination issued to the
PSERN System Contractor upon the Contractor satisfactorily completing the final
system development phase milestone pursuant to King County Contract No.
5729347 (Contract for the Design, Development, Implementation, Testing and On-
Going Support, Maintenance and Upgrade of the Puget Sound Emergency Radio
System, executed on December 17, 2014).
1.2.9 KCERS means the King County Emergency Radio Communication System.
1.2.10 Operations Period means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
AGENDA ITEM #6. c)
Page 4
1.2.11 PSERN Transitional Employee means an individual: (1) who, at the time of
FSA, is employed by King County, the City of Seattle, EPSCA, or ValleyCom in a
management, administration, finance, operations, and/or maintenance position for
a subregion of KCERCS; (2) whose employment with King County, the City of
Seattle, EPSCA, or ValleyCom will be eliminated as a direct result of the PSERN
project; and (3) who will not be hired by the PSERN Operator in a comparable
capacity because the PSERN Operator has no or fewer comparable positions.
1.2.12 Puget Sound Emergency Radio Network Operator or PSERN Operator
means the governmental agency formed under this Agreement and RCW
39.34.030(3)(b) that is organized as a nonprofit corporation under chapter 24.06
RCW as authorized by the Interlocal Cooperation Act for the purpose of owning,
operating, maintaining, managing and ongoing upgrading/replacing of the PSERN
System during the Operations Period.
1.2.13 Puget Sound Emergency Radio Network System or PSERN System means
the land mobile radio system constructed under the Implementation Period ILA. It
also means all equipment, software, and other work deployed during the
Operations Period to provide public safety communication service(s) or an addition
to an existing infrastructure during the Operations Period to provide new or
additional public safety communication service(s).
1.2.14 System means an infrastructure that is deployed to provide public safety
communication service(s) or an addition to an existing infrastructure to provide new
or additional public safety communication service(s).
1.2.15 Service Rate means the rate or rates charged to User Agencies in
accordance with the Rate Model at Exhibit A, or as it may be amended by action
of the Board of Directors.
1.2.16 Services means voice, data, video, or other communication services
provided to User Agencies and Dispatch Centers through an agreement with King
County or the PSERN Operator.
1.2.17 User Agency means an entity that is authorized under an agreement with
King County or the PSERN Operator to register and use a radio or other device on
the PSERN System.
1.2.18 Valley Communications Center or Valley Com means the Governmental
Administrative Agency formed by interlocal agreement under Chapter 39.34 RCW,
created by the cities of Auburn, Federal Way, Kent, Renton, and Tukwila.
2.0 DURATION OF AGREEMENT
This Agreement shall be effective on the date it is last signed by an authorized
representative of each the Parties and is filed and/or posted as provided in Section 15.2
("Effective Date"). This Agreement shall remain in effect until terminated as provided in
Section 12.0.
AGENDA ITEM #6. c)
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3.0 PURPOSE OF THE AGREEMENT; FINANCING; SERVICES
The purpose of this Agreement is to provide communication Services throughout the
Operations Period to User Agencies and any other agencies permitted to be licensed in
the 800 MHz Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within
the boundaries of the Consolidated Service Area. To effectuate this purpose, the Parties
hereby create a governmental administrative agency called the “Puget Sound Emergency
Radio Network Operator”. The Parties each assign to the PSERN Operator the
responsibility of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period as permitted by
the Interlocal Cooperation Act. The PSERN Operator shall be formed pursuant to RCW
39.34.030(3)(b) and shall be organized as a nonprofit corporation under chapter 24.06
RCW.
The Parties hereto acknowledge and agree that each is executing this Agreement in order
to facilitiate the creation of the PSERN Operator as a separate governmental
administrative agency pursuant to the Interlocal Cooperation Act and not a “joint board”
within the meaning of RCW 39.34.030(4)(a). All debts, obligations and liabilities incurred
by the PSERN Operator shall be satisfied exclusively from the assets and properties of
the PSERN Operator and no creditor or other person shall have any right of action against
the Parties hereto, the User Agencies or any other public or private entity or agency on
account of any debts, obligations, or liabilities of the PSERN Operator unless explicitly
agreed to in writing by the Party hereto, the User Agency, or such entity or agency.
The expenses of the PSERN Operator shall be financed through a funding measure
approved by voters at the April 2015 election and with user fees (Service Rates) to be
assessed against and paid by all User Agencies. It is the intent of the Parties that Service
Rates be computed as provided in Exhibit A and be set to cover all operating expenses
of the PSERN Operator, unless otherwise directed by the Board of Directors.
This Agreement shall not obligate the Parties to incur debt on behalf of the PSERN
Operator. Each Party’s financial obligations to PSERN shall be limited to payment of
Service Rates unless otherwise agreed upon in writing.
The PSERN Operator shall have the responsibility and authority for providing
communication Services as provided in this Agreement, including but not limited to
owning, operating, maintaining, managing and ongoing upgrading/replacing of the
PSERN System during the Operations Period and all related incidental radio
communications functions.
4.0 BOARD OF DIRECTORS
4.1 Creation of Board of Directors
The PSERN Operator shall be governed by a Board of Directors that is hereby created
pursuant to the Interlocal Cooperation Act and chapter 24.06 RCW that shall act in the
best interests of PSERN and in furtherance of the purpose of this Agreement. The Board’s
AGENDA ITEM #6. c)
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composition, powers, responsibilities, quorum and meeting requirements shall be
included in the PSERN Operator’s articles of incorporation or bylaws.
4.2 Composition of the Board of Directors
4.2.1 The Board of Directors shall be composed of the four following voting
members:
4.2.1.1 the King County executive, or a designee of the executive approved
by the King County council;
4.2.1.2 the City of Seattle mayor, or his/her designee;
4.2.1.3 one mayor or city manager or his/her designee representing the
Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond (the
“EPSCA Cities”); and
4.2.1.4 one mayor or city manager or his/her designee representing the
Cities of Auburn, Federal Way, Kent, Renton and Tukwila (the “Valley Com
Cities”).
4.2.2 The Board of Directors shall also include two nonvoting members to
comment and participate in discussions but who are not entitled to vote on any
matter. One nonvoting member shall be appointed by the King County Police
Chiefs Association and one member selected jointly by the King County Fire
Commissioners Association and the King County Fire Chiefs Association.
4.2.3 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall provide written notice of its initial Board of
Directors member and alternate member to the Chair of the Joint Board
established under the Implementation Period ILA. Thereafter, notice of a change
to a Party’s Board of Directors member or alternate shall be effective upon delivery
of written notice to the Chair of the Board of Directors. The notice shall include the
name and contact information for the new member or alternate.
4.2.4 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall promptly replace any vacancy in its Board
of Directors member or alternate and may, at any time, replace its Board of
Directors member or alternate by giving notice as provided in Section 4.2.3. If the
County or the City of Seattle fails to fill a vacancy for its Board of Directors member
and alternate, its chief executive officer or his/her designee shall attend all
meetings until one of the vacancies is filled. If one of the groups of cities listed in
Sections 4.2.1.3 or 4.2.1.4 fails to fill a vacancy for its Board of Directors member
and alternate, then the chief executive officer or his/her designee of one of the
cities in that group shall attend all meetings until one of the vacancies is filled.
4.2.5 The officers of the PSERN Operator shall consist of a Chair, Vice Chair, a
Secretary, a Treasurer and such other officers and assistant officers as may be
deemed necessary and set forth in the bylaws. Any two or more offices may be
AGENDA ITEM #6. c)
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held by the same person, except the offices of Chair and Secretary. The officers
shall be elected from among the voting members of the Board. The Chair shall
preside at the meetings of the Board of Directors. The Vice Chair shall serve in the
absence of the Chair.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be all four of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of all four voting Board members, except as provided
otherwise in this Agreement.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three voting members find either that
there is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, User Agencies or
the PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors’ voting
members.
4.3.3 The Board of Directors shall establish bylaws and procedures for its
operations and meetings including setting a regular meeting schedule and location,
providing for the scheduling of special and emergency meetings, and providing for
attendance by telephone or other electronic voice communication.
4.3.4 The regular meeting schedule shall be established by the Board of Directors,
with a minimum of two meetings being held each calendar year. Special or
emergency meetings may be called by the Chair or by at least two voting members
of the Board.
4.3.5 The first meeting of the Board of Directors will be held as soon as
practicable and necessary to begin operations of the PSERN Operator. The
members described in Section 4.2.3 shall attend the meeting and shall elect a
Chair and Vice Chair to serve a term that will begin upon election and extend
through the remainder of that calendar year and the calendar year immediately
following. Thereafter, the Board of Directors shall elect a Chair and Vice Chair at
the final meeting of each year to allow each to serve a two-year term that will begin
on January 1 of the following year.
4.3.6 The Board of Directors shall hold an annual meeting to coincide with the
first regular meeting each year. During the annual meeting, the Executive Director
shall report on the state of the PSERN Operator.
4.3.7 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process. Any voting Board member may call for a vote on an
issue. Meetings shall be conducted according to the most recent edition of Robert’s
Revised Rules of Order unless otherwise directed by the Board of Directors.
AGENDA ITEM #6. c)
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4.3.8 Board members must be present at a meeting to vote and may not vote by
proxy, provided that, if provided for in the bylaws, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.3.9 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act, Chapter 42.30 RCW.
4.3.10 An alternate attending Board of Directors meetings on behalf of a regular
member of the Board shall be considered to be a member for purposes of that
meeting and entitled to exercise all rights of the member to participate in such
meetings, including participating in discussion, making motions, and voting on
matters coming before the Board.
4.3.11 Notwithstanding any other provision in this Agreement, the Board of
Directors may take action by three affirmative votes when each of the following
conditions is met: (1) a matter has been identified for action in the notice or
proposed agenda for at least two meetings in a row, and (2) both meetings were
regularly scheduled meetings or properly notified and scheduled special meetings
in accordance with the bylaws and RCW 42.30, and (3) the same voting member
failed to attend both meetings and failed to send an alternate. In this event, for this
one action item only, a quorum of the Board of Directors will consist of three
members.
4.4 Board of Directors Actions
The PSERN Operator, through its Board of Directors, shall have all powers allowed by
law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as
they now exist or may hereafter be amended, and as authorized, amended, or removed
by the Board of Directors, as provided for in this Agreement, and including but not limited
to the following:
a. Amend this Agreement, subject to Section 15.13;
b. Establish committees and advisory groups to perform activities related to the
PSERN System;
c. Adopt and amend budgets and approve expenditures;
d. Adopt and amend policies and bylaws for the administration and regulation of
the PSERN Operator;
e. Adopt and amend purchasing and contracting policies consistent with state
law;
f. Direct and supervise the activities of the Operating Board;
g. Direct the activities of the Executive Director;
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h. If the Board determines that the Executive Director will be directly hired as an
employee of the PSERN Operator, then the Board shall hire, set the
compensation for, and be authorized to terminate the employment of the
Executive Director.
i. If the Board determines that the Executive Director will be a contracted
employee from another governmental agency, the Board will contract for an “at
will” employee approved by the Board and who may be terminated from the
position by a unanimous vote by the Board.
j. Evaluate the Executive Director's performance and give the Executive Director
a written evaluation of his or her performance at least annually;
k. Establish a fund or special fund or funds as authorized by RCW 39.34.030;
l. Establish Service Rates in accordance with Exhibit A or any amendments
thereto;
m. Review and amend terms of use for User Agencies, as necessary;
n. Conduct regular and special meetings;
o. Approve PSERN operation and maintenance standards;
p. Determine the Services the PSERN Operator shall offer and the terms under
which they will be offered;
q. Approve agreements with third parties;
r. Incur financial obligations in the name of the PSERN Operator to make
purchases or contracts for Services to implement the purposes of this
Agreement; provided, however, nothing in this Agreement shall authorize the
PSERN Operator to issue bonds or incur indebtedness in the name of any Party
hereto or that shall be considered a debt or a guarantee of any Party hereto
without its express written consent;
s. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
improve, use and otherwise deal in and with real or personal property, or any
interest therein, in the name of the PSERN Operator;
t. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise
dispose of all of its real or personal property, or any interest therein, and assets;
u. Sue and be sued, complain and defend, in all courts of competent jurisdiction;
v. Hold licenses for radio frequencies;
AGENDA ITEM #6. c)
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w. Recommend action to the legislative bodies of the Parties and User Agencies;
w. Delegate the Board of Directors' authority under this Agreement subject to any
applicable law and to such limitations and conditions as the Board of Directors
may establish;
x. Enter into agreements with other agencies to accomplish tasks for the PSERN
Operator such as agreements for services such as procurement and property
leasing;
y. Contract for staff through agreements with other agencies that specify the
employment policies, compensations amounts, and supervisory structure that
will apply to such staff;
z. Exercise any powers necessary to further the goals and purposes of this
Agreement that are consistent with the powers of the Parties;
aa. Add parties to this Agreement and concurrently amend the membership of the
Board of Directors, subject to the limitations of Section 15.13;
bb. Take necessary actions to prepare and plan for a public safety radio system(s)
to succeed the PSERN System;
cc. To the extent permitted by law, accept loans or grants of funds from any federal,
state, local or private agencies and receive and distribute funds; and
dd. The PSERN Operator shall have no power to levy taxes.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Board action is moved at a Board of Directors meeting
but fails for lack of a unanimous vote by all four (4) Directors, a voting Director may
submit written notice of an impasse to the other Directors and the Executive
Director. The notice shall include a statement of the action being sought and the
history of any Board deliberation or vote(s) on the matter.
4.5.2 Within seven (7) days of receipt of a notice of impasse, the Board Chair shall
designate a mediator to assist the Board in resolving the impasse. The mediator
shall be experienced in resolving disputes among public sector and/or nonprofit
agencies and may not be an employee or consultant of any of the Parties, unless
otherwise agreed to by the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN System
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Directors to cooperate with the mediator in good faith,
including expediting responses to any mediator requests for information and
discussion.
AGENDA ITEM #6. c)
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4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Directors. The mediator may recommend one or more non-
binding alternatives for resolving the impasse. Regardless of the outcome of the
mediation, the cost of the mediator’s fees and expenses shall be divided into four
equal parts to be paid by (1) the County, (2) the City, (3) the EPSCA Cities and the
(4) Valley Com Cities. The EPSCA Cities and Valley Com Cities shall each be
responsible for apportioning their one quarter share of the costs among their
members and for informing the PSERN Operator of the apportionment. The
PSERN Operator shall pay the mediator and invoice each Party for its share. Each
Party shall pay the PSERN Operator within thirty (30) days of the Party’s receipt
of the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Board of Directors to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected office designated
by the Valley Com Cities. The Board of Directors and the EEC shall convene to
consider the matter and attempt to reach a resolution, which may include re-
submitting the matter for a Board of Directors vote, not later than twenty (20) days
after the date the mediator provided his/her recommendation(s).
5.0 OPERATING BOARD
The Board of Directors will create an Operating Board of PSERN System User Agencies,
which will include at least one fire commissioner as a member, to provide advice and
perform other duties as deemed appropriate by the Board of Directors. The obligation to
create and maintain an Operating Board shall be included in the PSERN Operator’s
articles of incorporation or bylaws.
6.0 EXECUTIVE DIRECTOR
If the Executive Director is directly hired as an employee of the PSERN Operator, the
Board shall be responsible for the appointment and termination of the Executive Director.
If the Board enters into an agreement with another governmental agency to contract for
an Executive Director, the agreement shall give the Board the authority to appoint the
Executive Director and to terminate the Executive Director from his/her position.
The Executive Director shall report to the Board of Directors and shallregularly advise the
Board on matters related to the operation and functions of the PSERN System and the
PSERN Operator, including proposed budgets, financial and liability issues, and all other
appropriate matters related to the PSERN System and the PSERN Operator. The
Executive Director may also request assistance from the Operating Board to address
tasks calling for technical and user-related expertise.
6.1 Executive Director Duties
The Executive Director shall:
AGENDA ITEM #6. c)
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a. Manage the PSERN Operator’s day-to-day activities consistent with applicable
policies, procedures, and standards;
b. Retain appropriate PSERN Operator staff either through the direct hire of such
staff or through an agreement with an agency to provide such staff;
c. Hire, evaluate, supervise, discipline, and terminate staff in compliance with
applicable budget, policies, procedures, agreements and standards;
d. Propose and administer Annual Budgets including a contingency;
e. Consistent with applicable budget and procurement policies adopted by the
Board, approve expenditures and sign contracts in amounts as established by
the Board of Directors without additional approval of the Board of Directors;
f. Track the performance of PSERN systems and Services;
g. Provide support to the Board of Directors;
h. Recommend policies, procedures, and standards, and changes thereto,
including without limitation policies governing the procurement of goods,
services, public works and improvements, staffing and emergency responses;
i. Provide written monthly reports to the Board of Directors describing the PSERN
Operator’s budget status, PSERN System performance against targets, partial
or full PSERN System outages, purchases equal to or greater than $10,000,
and usage statistics;
j. Maintain and manage records in accordance with applicable state and federal
laws and regulations;
k. Prepare an annual report for the PSERN Operator as required by RCW
23.95.255; and
l. Perform other duties as assigned by the Board of Directors.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience or comparable equivalent skills in the
technical, financial and administrative fields of public safety radio and his or her
appointment shall be on the basis of merit only. If the Executive Director is directly hired
by the PSERN Operator, he/she will serve in an “at will” position that may not be modified
by any PSERN Agency policy, rule, or regulation regarding discipline or termination of
PSERN Agency employees, and accordingly, the Executive Director may only be
terminated from his or her position by the Board of Directors.
7.0 EMERGENCY PROCEDURES
AGENDA ITEM #6. c)
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In the case of an emergency, the Executive Director shall have the authority to issue a
determination of emergency under applicable law. The Executive Director shall
communicate to the Board of Directors each decision made pursuant to any emergency
determination as soon as reasonably possible and shall issue a written finding of the
existence of the emergency no later than two weeks following the award of any contract
executed pursuant to the emergency determination.
8.0 PSERN OPERATOR EMPLOYMENT
8.1 Employees Generally
The Board of Directors shall require the PSERN Operator to comply with all applicable
federal, state and local laws, ordinances and regulations pertaining to all current and
future employees. In addition, the PSERN Operator shall be an equal opportunity
employer and make reasonable efforts to maintain a diverse work force.
8.2. Employment of Current Regular Employees
8.2.1 Offer of Employment
8.2.1.1 As of the Effective Date of this Agreement, there are 3.0 FTE City
of Seattle employees and 8.0 FTE King County employees who are
employed to primarily work on KCERCS infrastructure and whose job
duties will be assumed by the PSERN Operator after FSA (“Qualified
Employees”). It is the intention of the Parties that each of those Qualified
Employees have the option of working for the PSERN Operator and that
the PSERN Operator and the County and City of Seattle will work
cooperatively to transition the employees who accept such option to work
for the PSERN Operator on a schedule that does not adversely impact
public safety functions prior to FSA.
8.2.1.2 Directly Hired Employees
If the Board of Directors determines that PSERN Operator staff shall be
directly hired by the PSERN Operator and to implement the intent of
Section 8.2.1., then no later than the date to be set by the Board of
Directors, the PSERN Operator will offer employment to each of the
Qualified Employees for similar employment with the PSERN Operator.
The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the Board of Directors. Each Qualified Employee
who accepts the offer shall become a “Transferring Employee.” The
PSERN Executive Director shall use best efforts to ensure each
Transferring Employee a smooth and prompt transition to employment with
the PSERN Operator.
The Board of Directors shall require the PSERN Operator to use its best
efforts to offer the Transferring Employees opportunities for professional
advancement and a package of employee benefits that are similar to the
AGENDA ITEM #6. c)
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opportunities and benefits available to the Transferring Employees at their
current agency at the time of transition to PSERN employment.
8.2.1.3 Agency-Provided Employees
If the Board of Directors determines that PSERN Operator staff will be
contracted for through an agreement with another governmental agency,
then no later than the date set by the Board of Directors, the agency
providing such staff will offer employment to each of the Qualified
Employees for similar employment with the agency for PSERN Operator
work. The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the agency providing the PSERN Operator staff.
Each Qualified Employee who accepts the offer shall become an “Agency
Employee.” The agency providing PSERN Operator staff shall use best
efforts to ensure each Agency Employee a smooth and prompt transition to
employment with the agency and work for the PSERN Operator.
8.2.2 Retirement Benefits
If the Board of Directors determines that PSERN Operator staff shall be directly
hired, then the PSERN Operator will participate in the Public Employees’
Retirement System (PERS) and will offer PERS retirement benefits through the
Washington State Department of Retirement Systems to Transferring Employees
and Transitional Employees.
8.3 Temporary Employment of PSERN Transitional Employees
8.3.1 Any PSERN Transitional Employee who requests temporary employment
with the PSERN Operator shall be employed as a temporary employee by the
PSERN Operator or if the PSERN Operator does not directly hire its employees,
then by the agency providing staff for the PSERN Operator.. The period of
temporary employment shall not exceed eighteen (18) months from the time of
transition to such employment or a shorter duration if requested by the PSERN
Transitional Employee. The time of transition shall be within 60 days after FSA
unless another date is agreed to by the PSERN Operator and the PSERN
Transitional Employee.
8.3.2 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees shall be entitled to a salary and package
of benefits similar to what the Transitional Employee received prior to his or her
transition to PSERN Operator work. The full cost of compensation, including salary
and benefits, provided to PSERN Transitional Employees shall be paid by the
PSERN Operator, either directly or pursuant to an agreement with another agency
for the provision of staff.
8.3.3 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees must meet all employment
requirements applicable to permanent PSERN Operator employees or employees
of the applicable employing agency. Nothing in this Agreement shall preclude the
AGENDA ITEM #6. c)
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PSERN Operator’s or applicable employing agency’s ability to take employment
action, up to and including termination of employment, regarding a PSERN
Transitional Employee who fails to meet any requirement of his/her employment.
8.3.4 Nothing in this section shall preclude the PSERN Operator or an applicable
employing agency from hiring a PSERN Transitional Employee serving as a
temporary employee to a permanent position.
8.4 No Third-Party Beneficiaries.
Employees affected by this Agreement are not intended to be third-party beneficiaries to
this Agreement and cannot sue to enforce its terms.
9.0 Service Level Requirements
9.1 Contractor Services
The PSERN Operator shall ensure the following services are provided by the Contractor
throughout the expected service life of the PSERN System:
(i) technical support;
(ii) infrastructure repair;
(iii) System updates; and
(iv) System upgrades.
9.2 Minimum Performance
The PSERN Operator shall ensure the following minimum performance requirements for
the PSERN System:
(i) DAQ 3.4;
(ii) 97% reliability;
(iii) 97% portable on-street coverage in the Primary Bounded Area;
(iv) 95% portable on-street coverage in the Highway Buffer Covered Areas;
(v) grade of service of 1.0;
(vi) 99.999% availability of backhaul;
(vii) at least 17db added signal above the baseline PSERN design within the
three (3) polygon coverage areas shown in Exhibit B; and
(viii) provide 97% portable on-street coverage with 97% SAR (service area
reliability) in the three (3) polygon coverage areas shown in Exhibit B.
10.0 RESERVED
11.0 WITHDRAWAL AND REMOVAL
11.1 Withdrawal of a Party
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11.1.1 A Party may withdraw from this Agreement effective on the last day of a
calendar year by giving written notice to the Board at least two years prior to the
proposed effective date for withdrawal.
11.1.2 Any Party that has given notice of its intent to withdraw must meet with the
Executive Director or his or her designee to develop a departure plan that is intended
to ensure an orderly separation of the Party from the PSERN Operator in a manner
that is consistent with this Agreement. The departure plan may include the transfer
of funds and equipment or other assets and such plan must be approved by
unanimous vote of the Board of Directors.
11.1.3 Costs of Withdrawal
11.1.3.1 A Party that withdraws shall remain responsible for any obligations
that arose prior to the effective date of the withdrawal and for any that are
specified under Section 15.17 as surviving a withdrawal.
11.1.3.2 As a condition of withdrawal, the withdrawing Party must pay any
direct costs resulting from the withdrawal. The Board of Directors may also
set a different withdrawal date as it deems appropriate; however, the
withdrawal date shall not be later than one year after the withdrawing Party’s
proposed withdrawal date.
11.1.3.3 Any costs or other amounts owed by a withdrawing Party under this
Agreement or any other agreement between the withdrawing Party and the
PSERN Operator shall be paid prior to the effective date of the withdrawal
or, if such amounts are not then known or established, then within thirty (30)
days after the amount is known or established. However, the withdrawing
Party shall not be responsible for amounts not known or established within
one hundred (100) days of the date of withdrawal.
11.1.4 A member of the Board of Directors representing a Party that has given
notice of withdrawal which is effective at a future date, shall be authorized to cast
votes with the Board of Directors only on budgets and other items to be
implemented prior to the withdrawal date unless permission to vote on a matter is
granted by all remaining Board members.
11.1.5 A Party that has given its notice of withdrawal may revoke its notice of
withdrawal by delivering a written notice of such revocation to the Board of
Directors. The Board, in its sole discretion, may by unanimous vote of the
remaining members of the Board, determine to accept or deny the revocation and
under what conditions any acceptance shall be permitted.
11.1.6 If a Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real, personal, or intellectual
property and any rights to participate in the PSERN Operator, unless otherwise
provided by the Board of Directors.
11.2 Removal of a Board Member.
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The Board of Directors may, by majority vote and for cause, remove a Board member
from the Board of Directors and terminate the Board member’s right to participate in
governance of the PSERN Operator. Immediately after the vote removing a Board
member, the Party’s alternate shall become its Board of Directors member. If the Party
has not designated an alternate, the vacancy provisions in Section 4.2.4 shall apply.
Cause for removal may include failure to act in good faith in participating in the Board of
Directors and willful, arbitrary failure to perform the Board member’s obligations as set
forth in this Agreement.
12.0 DISSOLUTION AND TERMINATION
12.1 Three (3) or more Directors may, at any one time, call for a vote on the complete
dissolution of the PSERN Operator and termination of this Agreement. Upon both: (a) the
affirmative vote of a majority of the full Board for dissolution and termination; and (b) the
affirmative vote of a majority of the Parties’ legislative bodies for dissolution and
termination, the Board shall establish a task force to determine how the PSERN System
assets and liabilities will be divided upon such dissolution and termination. For purposes
of this section, each Party shall determine what constitutes an affirmative vote of its
legislative body.
12.2 Approval of the plan for disposition of the PSERN System assets and liabilities (the
“Disposition Plan”) shall require a unanimous affirmative vote of the full Board. If the Board
fails to approve the Disposition Plan within one (1) year of the last legislative body vote
under Section 12.1.b, the Parties shall proceed with the impasse resolution procedures
in Section 4.5.
12.3 Following the approval of the Disposition Plan, the PSERN Operator shall wind up
business in accordance with the Disposition Plan and any other terms set by the Board.
The Board shall set the date for termination of this Agreement by affirmative majority vote
of the full Board.
13.0 LEGAL RELATIONS
13.1 Employees and No Third Party Beneficiaries
13.1.1 Nothing in this Agreement shall make any employee of one Party an
employee of another Party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to Title
51 RCW, or any other rights or privileges accorded by virtue of their employment.
No Party assumes any responsibility for the payment of any compensation, fees,
wages, benefits or taxes to or on behalf of any other Party's employees. No
employees or agents of one Party shall be deemed, or represent themselves to
be, employees of another Party.
13.1.2 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
13.2 Indemnification.
AGENDA ITEM #6. c)
Page 18
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all claims, arising
out of, or in any way resulting from, the indemnifying Party's willful or negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless any other Party if the claim, suit, or action for injuries, death, or damages
is caused by the sole negligence of that other Party. Where such claims, suits, or actions
result from concurrent negligence of two or more Parties, these indemnity provisions shall
be valid and enforceable only to the extent of each Party's own negligence. Each of the
Parties agrees that its obligations under this Section extend to any claim, demand, and/or
cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to each
of the other Parties only, any immunity that would otherwise be available against such
claims under the Industrial Insurance provisions of Title 51 RCW. Any loss or liability
resulting from the negligent acts, errors, or omissions of the Board of Directors, Operating
Board, Executive Director and/or staff, while acting within the scope of their authority
under this Agreement, shall be borne by the PSERN Operator exclusively.
13.3 Insurance
The Board of Directors, Executive Director, and PSERN Operator shall take such steps
as are reasonably practicable to minimize the liability of the Parties, including but not
limited to the utilization of sound business practices. The Board of Directors shall
determine which, if any, insurance policies or self-insurance programs for governmental
entities authorized in the State of Washington may be reasonably and practicably
acquired to cover liability exposures and other potential losses arising from the operations
of the PSERN Operator and the activities of the Parties pursuant to this Agreement (which
may include Directors and Officers, Commercial General Liability, Auto, Workers’
Compensation, Stop Gap/Employer’s Liability, errors and omissions, crime/ fidelity
insurance, CyberRisk, property damage or loss), and shall direct the acquisition of same.
14.0 PUBLIC RECORDS
14.1 The Executive Director shall keep records related to the PSERN System and
PSERN Operator as required by law and in accordance with the policies, procedures and
retention schedules as may be established by the Board of Directors.
14.2 Each Party shall keep records related to the PSERN System and PSERN Operator
as required by law and in accordance with such the policies, procedures and retention
schedules as may be established by the Party, and each Party shall be responsible for
responding to public disclosure requests addressed to it in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be
established by the Party.
14.3 The Executive Director shall be responsible for responding to public disclosure
requests addressed to the PSERN Operator in accordance with the Washington Public
Records Act, Chapter 42.56 RCW, and such procedures as may be established by the
Board of Directors.
AGENDA ITEM #6. c)
Page 19
15.0 GENERAL
15.1 RESERVED
15.2 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with
the King County Recorder's Office or, alternatively, listed by subject on a Party's web site
or other electronically retrievable public source.
15.3 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.4 Compliance with Laws
During the term of this Agreement, the Parties hereto agree to comply with all federal,
state, and local laws as necessary to carry out the terms of this Agreement. Further, to
the extent that any emergency communication Services involve the retention, security,
confidentiality or other handling of certain “protected” health information under the federal
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its
implementing regulations thereunder by the U.S. Department of Health and Human
Services and other applicable laws including chapter 70.02 RCW, the Washington
Uniform Health Care Information Act, as amended, the Parties agree to comply with such
laws and execute documents as necessary to implement the requirements under such
laws.
15.5 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other Parties
or any one of them shall have the right to bring an action for specific performance,
damages and any other remedies available under this Agreement, at law or in equity.
15.6 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver, excuse, or consent shall be in writing and signed by the Party or
Parties claimed to have waived or consented. If the waiving or consenting Party is the
PSERN Operator, then the writing must be signed by all of the voting members of the
Board of Directors. Waiver of any default of this Agreement shall not be deemed a waiver
of any subsequent default. Waiver of breach of any provision of this Agreement shall not
be deemed to be a waiver of any other or subsequent breach. Waiver of such default and
waiver of such breach shall not be construed to be a modification of the terms of this
Agreement unless stated to be such through written approval of all Parties.
15.7 Parties Not Relieved of Statutory Obligation
AGENDA ITEM #6. c)
Page 20
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that, to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered in
satisfaction of the obligation or responsibility.
15.8 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.9 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Board of Directors.
15.10 Merger, Consolidation or Sale of All or Substantially All Assets
Approval of the merger or consolidation of the PSERN Operator with another entity, or
the sale of all or substantially all assets of the PSERN Operator, shall require a unanimous
vote of the Board of Directors.
15.11 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation under Section 4.5. In any event, if the matter is not resolved, then any Party
shall be entitled to pursue any legal remedy available.
15.12 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the Parties
declare and represent that no promise, inducement, or other agreement not expressly
contained in this Agreement has been made conferring any benefit upon them.
15.13 Amendments
15.13.1 Except as provided in this Section, the Agreement may be amended by the
Board of Directors from time to time in order to carry out the corporate purposes of
the PSERN Operator. Any such modification shall be in writing and executed by the
Chair of the Board of Directors after providing not less than thirty (30) days’ advance
written notice to all Parties of such proposed modification, and upon unanimous
approval of the Board of Directors. However, the following terms of this Agreement
may only be amended in writing after approval of each of the legislative bodies of
Seattle, King County, EPSCA, and Valley Com; however, for purposes of this
legislative determination, EPSCA and Valley Com will each be responsible to
AGENDA ITEM #6. c)
Page 21
determine what constitutes legislative approval or disapproval from their member
cities, before tendering their single vote on amendment:
a. Expansion of the PSERN Operator’s scope of services or Party funding
obligations described in Section 3.0.
b. The composition of the Board of Directors.
c. Addition of new Parties.
d. Voting rights of members of the Board of Directors.
e. Powers of the Board of Directors.
f. Hold harmless and indemnification requirements.
g. Provisions regarding duration, dissolution, termination or withdrawal.
h. The conditions of this Section.
15.13.2 Nothing in this Section 15.13 shall be construed to require legislative
authority consent for the agreement to serve an additional User Agency.
15.14 Notices
15.14.1 Any notice under this Agreement shall be in writing and shall be addressed
to the Parties as listed below. Any notice may be given by certified mail, courier
delivery, or personal delivery. Notice is deemed given when delivered. Email,
acknowledgement requested, may be used for notice that does not allege a breach
or dispute under this Agreement. Email notice is deemed given when the recipient
acknowledges receipt.
15.14.2 The names and contact information set forth in this Agreement shall apply
until amended in writing by a Party providing new contact information to each other
Party and the date the amendment is effective.
15.15 Conflicts
15.15.1 In the event that any conflict exists between this Agreement and any
exhibits hereto, the Agreement shall control.
15.15.2 In the event of a conflict between any provision of this Agreement and a
provision of the Implementation Period ILA, the Implementation Period ILA shall
control unless otherwise determined by the Board of Directors pursuant to vote
under Section 4.3.1.
15.16 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
AGENDA ITEM #6. c)
Page 22
15.17 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.18 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 13 Legal Relations
Section 14 Public Records
Section 15.16 Choice of Law; Venue
15.19 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
15.20 Execution
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
AGENDA ITEM #6. c)
Page 23
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________ ________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
AGENDA ITEM #6. c)
Page 24
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
AGENDA ITEM #6. c)
Page 25
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
AGENDA ITEM #6. c)
Page 26
Exhibit A
Cost Allocation Model
For the first year of PSERN System operation, rates to be paid by each User Agency and
Dispatch Center will be computed as provided in this Exhibit A. The PSERN System annual
operating budget and the number of public safety radios, other radios, and consoles will be
known quantities at the time the rates are computed.
Division of Budget Between Radios and Consoles
Percentage of annual budget to be paid with radio user fees = X.
Percentage of annual budget to be paid with console user fees = Y.
X = [83% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for radio-related equipment] / PSERN System annual operating budget
x 100.
Y = [17% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for console-related equipment] / PSERN System annual operating
budget x 100.
Public Safety and Other Radio Rates
X% of the PSERN System annual operating budget will be paid with public safety radio rates
and other radio rates combined.
The other radio rate shall be 78% of the public safety radio rate.
X% of PSERN System annual operating budget = [12 x the monthly public safety radio rate
x the number of public safety radios] + [12 x the monthly other radio rate x the number of
other radios].
Console Rates
Y% of the PSERN System annual operating budget will be paid with console rates.
Y% of PSERN System annual operating budget = 12 x the monthly console rate x the
number of consoles.
END OF EXHIBIT A.
AGENDA ITEM #6. c)
Page 27
Exhibit B
Polygon Coverage Areas with Added Signal
AGENDA ITEM #6. c)
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into among the cities of
Auburn, Federal Way, Kent, Renton, and Tukwila, the five member cities that formed
Valley Communications Center, a Governmental Administrative Agency created by
interlocal agreement under Chapter 39.34 RCW (Valley Com).
RECITALS
A. Valley Com is responsible for the ownership, operation and maintenance of
various elements in the current King County Emergency Radio Communications System
(KCERCS), a voice radio system that has been in existence since 1993 and is
increasingly unsupported by the supplier of the system’s equipment, software, and related
repairs.
B. Valley Com, King County, the city of Seattle, and the Eastside Public Safety
Communications Agency (EPSCA) determined that it is in the public interest to implement
a new public safety radio system, the Puget Sound Emergency Radio Network (PSERN),
that will provide public safety agencies and other user groups in the region with improved
coverage and capacity, as well as uniformly high-quality emergency radio
communications.
C. The costs of implementing the PSERN system are financed through a funding
measure approved by voters at the April 2015 election, and the above-mentioned parties
then executed a separate implementation agreement (“Implementation Period ILA”) that
designated King County to be the lead agency to plan, procure, finance, and implement
the PSERN system with the oversight of a joint board established pursuant to the
Implementation Period ILA. Valley Com’s Executive Director has represented the Valley
Com member cities on this joint board, reporting back to the Valley Com Administration
Board, which is comprised of the five mayors from Valley Com’s member cities.
D. The Implementation Period ILA contemplates creation of a new separate
governmental agency under RCW 39.34.030(3)(b) that is organized through an interlocal
agreement as a non-profit corporation under the Interlocal Cooperation Act (Operator
ILA). Once formed, this agency will assume the ownership and control of PSERN during
its useful life. Just as with the Implementation Period ILA, the Operator ILA will be subject
to oversight by a Board of Directors, comprised of one representative each from King
County, Seattle, the Valley Com member cities, and the EPSCA member cities.
E. Under the Operator ILA, Section 4.2.1.4, the Valley Com member cities’
representative will be selected from one mayor or city manager or his/her designee
representing the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. The Operator
ILA also provides that the Valley Com member cities retain the right to determine who will
represent them on the PSERN Board of Directors. The purpose of this MOU is to
designate the manner in which the five Valley Com member cities will select its
representative.
AGENDA ITEM #6. c)
2
NOW, THEREFORE, the Valley Com member cities agree to the above Recitals
and the following:
AGREEMENT
1. The five Valley Com member cities authorize the Valley Com Administration
Board to select their representative on the PSERN Board of Directors at the times and
within the constraints established in the Operator ILA. To be eligible to represent the
Valley Com member cities, the selected representative must be a mayor from one of the
member cities. It is understood, but not required, that the Valley Com Executive Director
may act as the representative’s designee on a full-time or an occasional basis, or the
representative may select any other alternate or designee when needed, as provided in
the Operator ILA.
2. Selection of the Valley Com member cities’ representative for the PSERN Board
of Directors shall be only by supermajority vote of the full Valley Com Administration
Board. The regular term of the selected representative shall be two year(s) commencing
on January 1 of even numbered years and ending December 31 of odd numbered years.
3. The Valley Com member cities’ representative on the PSERN Board of Directors
and his/her designee, will comply with all the rights, obligations, and limitations provided
to PSERN Board members through the Operator ILA and this MOU.
4. The Valley Com member cities’ representative on the PSERN Board of
Directors must, at each regular Valley Com Administration Board meeting, report to the
Administration Board on PSERN’s current operational status. The Valley Com member
cities’ representative must, whenever possible and practical, brief the Valley Com
Administration Board on issues the representative determines to be material before voting
on those matters as a PSERN System Board member.
5. Before voting on any PSERN matter that (a) materially expands the scope of
the PSERN system, (b) that materially increases the operational cost of the PSERN
System, (c) or that materially amends the Operator ILA, the Valley Com member cities’
representative on the PSERN System Board of Directors must brief the Valley Com
Administration Board for direction and must vote as a PSERN Board member in
accordance with that direction, which must be provided by at least a majority vote of the
full Valley Com Administration Board.
6. Notwithstanding the preceding Paragraph 5, the Valley Com member cities’
representative, or designee, shall not vote to amend the Operator ILA on matters requiring
legislative approval under Section 15.13.1 of the Operator ILA without affirmative
authority from each cities’ governing body.
6. This MOU will terminate upon the earlier of the expiration or termination of the
separate non-profit governmental agency formed under the Interlocal Cooperation Act
AGENDA ITEM #6. c)
3
through the Operator ILA or a Valley Com member city’s withdrawal from Valley Com,
unless terminated earlier by unanimous agreement from the five Valley Com member
cities.
7. This MOU will take effect on the last date signed below.
IN WITNESS, the authorized representatives of the Valley Com member cities have
signed their names and indicated the date of signing in the spaces provided below.
CITY OF AUBURN CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KENT CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
AGENDA ITEM #6. c)
4
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF TUKWILA
________________________________
Name ___________________________
Title ____________________________
Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form:
________________________________
City Attorney
AGENDA ITEM #6. c)
1
RADIO END USER SERVICE LEVEL AGREEMENT
This agreement between agency radio users and King County is intended to ensure that
expectations and requirements for equipment management and participation in the radio network are
clear, and that agency radio users meet necessary maintenance and network participation standards
that will support the successful functioning of the Puget Sound Emergency Radio network, avoiding
unnecessary costs and disruptions for the many network participants. This agreement is in accordance
with the Puget Sound Emergency Radio Network Implementation Period Interlocal Agreement of 2015.
City of Renton Police Department (“End User Agency”) and King County (“County”) (individually, a
“Party” and collectively, the “Parties”) enter this Radio End User Service Level Agreement
(“Agreement”) on this ____ day of ____________, 20____. In consideration of the mutual covenants
contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
1.1 Words and terms shall be given their ordinary and usual meanings except as provided in this
section or in parentheticals following the definition of a particular term.
1.1.1 Accessory means all materials, special tools and any other items necessary to secure,
install, operate and maintain Subscriber Equipment including: device cradles; mounting and
installation hardware; power, Ethernet and any other wiring or cables and connectors;
strain-relief materials; wire ties; cable labels; pre-assembled wiring harnesses of prescribed
length for each vehicle type; fuses and circuit breakers; seals; adhesives; screws, bolts,
washers, nuts and grommets; special tools; power supply and power conditioning devices;
antennas; microphones; speakers; chargers; and holsters that are purchased by the PSERN
Project for the End User Agency. [this is opposed to an accessory (lower case) that is
something not provided by PSERN and which is an optional addition purchased at the
expense of the End User Agency]
1.1.2 Advanced System Key means hardware attached to a computer to enable critical
parameters to be programmed in subscriber equipment.
1.1.3 Confidential Information means any information in written, graphic, verbal, or machine-
recognizable form that is: (a) related to the PSERN System; (b) provided to the End User
Agency by the Contractor, the Service Provider, or the Service Provider’s contractor; and (c)
marked or identified as "confidential," "proprietary," "trade secret" or similar designation.
1.1.4 Contract (or Vendor Contract) means the County’s contract with Motorola Solutions, Inc.,
King County Contract Number 5729347.
1.1.5 Control Station means all Equipment and Software provided under the Contract that is
required to meet the Contract requirements for control stations.
1.1.6 Contractor means Motorola Solutions, Inc. the company hired by King County to provide
services for the construction, operation, maintenance or other support of PSERN.
AGENDA ITEM #6. c)
2
1.1.7 Emergency means an unforeseen circumstance that causes or may reasonably be expected
to cause a decrease or loss in network clarity, capacity, coverage, reliability, security,
features, or functions.
1.1.8 End User Agency in the singular means the entity that is a party to this Agreement with the
County. In the plural, End User Agencies means all entities that are parties to agreements
with the County with terms substantially similar to terms in this Agreement.
1.1.9 Equipment means all components of the radio system infrastructure including the land
mobile radio equipment and software, DC power equipment and software, site video and
alarming equipment and software, backhaul equipment and software, and console system
equipment and software owned by the County or PSERN Operator and used by the End
User Agency pursuant to this Agreement. The term does not include Subscriber Radios.
[NOTE: When the lower case word, “equipment,” is used in this Agreement, that use is not
intended to be the defined use of the term “Equipment.”]
1.1.10 Field Servicer (Servicer) means a PSERN Operator employee, contractor, or subcontractor
whose job duties include traveling to sites to repair site electronics that cannot be repaired
remotely.
1.1.11 Full System Acceptance (FSA) means the determination issued to the Contractor upon
satisfactorily completing the final system acceptance phase milestone.
1.1.12 Government Approvals means all necessary federal, state and local licenses, permits, and
approvals for the improvements needed for the construction, Equipment installation, and
operation of PSERN.
1.1.13 Implementation Period means the period of time defined as such in the Implementation
Period ILA.
1.1.14 Implementation Period ILA means the Puget Sound Emergency Radio Network
Implementation Period Interlocal Cooperation Agreement.
1.1.15 Joint Board means the PSERN Project governing board formed under the Implementation
Period ILA.
1.1.16 KCERCS means the County-wide Emergency land mobile radio system established under
the King County Emergency Radio Communication System Interlocal Agreement.
1.1.17 Master Advanced System Key means a device used to create and configure an Advanced
System Key.
1.1.18 Mobile Radio means all Equipment and Software provided under the Contract that is
required to meet the Contract requirements for the mobile radios.
AGENDA ITEM #6. c)
3
1.1.19 Monitoring means real-time fault checking on a continuous basis using tools for remote
checking and event characterization.
1.1.20 Monthly Fee (or Fee) means the monthly charge paid by the End User Agency to the
Service Provider after FSA for the Service Provider’s operation and maintenance of PSERN
and for the End User Agency’s use of PSERN.
1.1.21 Mutual Aid Radios means an end user radio from a foreign system ID which may include a
Mobile, Portable or Control Station radio which has been authorized and programmed to
operate on the PSERN System in only a mutual aid capacity.
1.1.22 Operations Period means the period of time as defined as such in the Operations Period
ILA.
1.1.23 Operations Period ILA means the Puget Sound Emergency Radio Network Operations
Period Interlocal Cooperation Agreement as executed and amended.
1.1.24 Part 90 means Part 90 of Title 47 of the Code of Federal Regulations (CFR).
1.1.25 Portable Radio means all Equipment and Software provided under the Contract that is
required to meet the Contract specifications for the portable radios.
1.1.26 Premises means the areas near and in the End User Agency’s location: the area used for
staging and construction; the area Equipment will be installed and occupy inside the End
User Agency’s location; the area between the right-of-way and Equipment the Service
Provider will use for access to the Equipment; and the area between the right-of-way and
Equipment to be used for the installation and maintenance of utilities, if any.
1.1.27 PSERN Board means initially the Joint Board formed under the Implementation Period ILA,
and later the board of directors for the PSERN Operator when it is formed and assumes the
ownership, operations, and governance of PSERN.
1.1.28 PSERN Project means all authorized activities relating to the planning, analysis, design,
development, acquisition, site development, installation, testing, training, and operation of
the PSERN until FSA, starting-up a new Service Provider, transferring the PSERN to same,
and any decommissioning, contract close-out and other project completion activities.
1.1.29 PSERN Operator means the agency that will be established by the parties to the
Implementation Period ILA under chapter 39.34 RCW to take over PSERN’s ownership,
operation, and governance after FSA.
1.1.30 Radio Shop means a facility that is authorized by Contractor to perform installation,
maintenance, programming and repair work on Subscriber Radios.
AGENDA ITEM #6. c)
4
1.1.31 Rate Stabilization Allocation means those funds in the PSERN Project budget totaling
$2,619,406 earmarked to offset rate increases for End User Agencies and to be distributed
via a formula determined by the PSERN Board.
1.1.32 Resolution Time means the period measured between the earlier of the time when the
Service Provider learns of a problem or receives the repair request and the time the Service
Provider deems that it has fixed the problem and notified the End User Agency of the
resolution.
1.1.33 Response Time means the period measured between the earlier of the time when the
Service Provider learns of a problem or receives a repair request for a problem, and the
time the Service Provider has begun actively working on the service request.
1.1.34 Service Provider (or Operator) means the County during the Implementation Period and
up until the transfer of ownership, operation, and governance of PSERN to the PSERN
Operator. After the transfer, Service Provider means the PSERN Operator who is
responsible for the day-to-day operation and maintenance of PSERN. Service Provider also
includes the Service Provider’s employees, agents, consultants, contractors,
subcontractors, permittees, successors and assigns.
1.1.35 Subscriber Radios means paying End User Agency radios whose home system is PSERN and
includes Mobile (vehicular), Portable (handheld), Control Station or consolette radios which
have been authorized and programmed to operate on the System and are owned by the
End User Agencies.
1.1.36 Update means revisions as required for the continued operation and maintenance of the
Equipment software including error corrections, bug fixes, work-arounds, patches, anti-
virus definitions, intrusion detection sensor signatures, changes in third party software or
changes to software and Equipment required to accommodate such third party software
changes and any other fixes and changes not constituting an Upgrade.
1.1.37 Upgrade means migrating to a new platform or adding features through changes to
equipment and/or software.
1.1.38 User means an employee, agent, or volunteer of an organization authorized to use PSERN.
1.1.39 Warranty Period means the period beginning when the Equipment is made operational by
the Contractor and extending for two (2) years after Full System Acceptance, as defined in
the Contract.
1.1.40 Template means a master codeplug for a specific set of radios that is used to create an
Equipment codeplug with the specific radio information required for the configuration of a
Portable, Mobile or Control Station Radio. The Template includes ergonomic settings,
PSERN radio system information, and Mutual Aid Radio systems information that is
programmed into the radio to allow operations on PSERN, KCERCS or other radio systems.
AGENDA ITEM #6. c)
5
2. INITIAL EQUIPMENT REPLACEMENT
2.1 By and through the Contractor, the County will replace the End User Agency’s existing radios with
Subscriber Radios in the numbers and of the types specified in Exhibit 1.
2.2 Subscriber Radios will be standardized with features, functions and Accessories chosen to make
them suitable for use by End User Agencies. The End User Agencies may purchase additional
Subscriber Radios, features, and accessories. The method and timing of payment for additional
equipment will be established by the Joint Board.
2.3 Subscriber Radios will be issued according to the policies of the Joint Board as listed below, and
as amended by the Joint Board:
Only For KCERCS Customers:
2.3.1 The PSERN Project will replace governmental agency and hospital agency active radios
that were activated, into KCERCS zone controllers as active radios and assigned IDs 120
days prior to the first End User Agency’s Subscriber Radio planned deployment and/or
installation dates;
2.3.2 Non-hospital private agencies that are on the KCERCS will have their radios replaced on a
1 for 1 basis according to the agency inventory records as of April 25, 2019;
2.3.3 All End User Agency must turn an existing working radio in to the PSERN Project for each
Subscriber Radio provided by the Project to the End User Agency;
2.3.4 End User Agency may keep old radios not needed for Subscriber Radio exchange to use on
PSERN if they are approved by the Service Provider as meeting minimum PSERN software
configurations and manufacturers specifications; and
2.3.5 End User Agency will pay Monthly Fees for each of its Subscriber Radios unless exempted
otherwise by the policies of the Service Provider.
For all other agencies:
2.3.6 Agencies wanting to be on PSERN but not already on KCERCS may be issued Subscriber
Radios pursuant to policies and terms and conditions adopted by the PSERN Board, but
only if they commit to remaining as an End User Agency for a minimum of 10 years.
2.4 By and through the Contractor, the County initially will configure, program, install and or deploy
the Subscriber Radios using the previous template and perform like for like programming. After
the initial templates are created and programmed, the PSERN Operator will be responsible for
archiving and centrally storing templates as well as infrastructure configuration changes within
the templates. The Radio Shops will be responsible for End User Agency configuration settings
only. The Master Advanced System Key shall be maintained by the PSERN Operator. The PSERN
Operator shall establish policies to determine which Subscriber Radio maintenance shops will be
eligible to receive a system key.
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2.5 The PSERN Operator will maintain a list of radios approved for use on the PSERN system. The End
User Agency agrees to use only approved radios on PSERN and to not program or cause radios to
be programmed in a way that they would operate in the P 25 Phase 1 mode of operation while
operating on PSERN.
2.6 The County will own the Equipment provided by the PSERN Project. After the new PSERN
Operator is formed, ownership of this Equipment shall be transferred to the PSERN Operator at
no cost to the End User Agency or to the PSERN Operator.
2.7 Ownership of County-purchased Subscriber Radios will be transferred to the End User Agency
within the same fiscal year that the Subscriber Radios are put into service provided that the
Subscriber Radios are put into service at least ninety (90) days prior to the end of the fiscal year.
If the Subscriber Radios are put into service less than ninety (90) days prior to the end of the
fiscal year, then ownership will be transferred within ninety (90) days from the date they are put
into service.
2.8 The Train-the-Trainer model will be used to train End User Agency staff to use the Subscriber
Radios. Each End User Agency shall designate staff to be trained, and supply that (those) name(s)
to the Service Provider. The trainers will receive detailed training on use of the Subscriber Radios
from the Contractor.
3 TRANSITION PLAN
3.1 The Service Provider and End User Agency will work with the Contractor to develop a mutually
agreeable written transition plan. The transition plan will be approved by the PSERN Joint Board.
3.2 The transition plan will include:
3.2.1 A list of equipment that the End User Agency shall receive as part of the PSERN Project;
3.2.2 An installation plan for all vehicles receiving equipment;
3.2.3 A plan describing how End User Agencies will migrate from analog to digital operations;
and
3.2.4 A plan describing the training plan for each End User Agency.
4 INSTALLATION AND TESTING
4.1 If the End User Agency has any special requirements pertaining to the disposition of its existing
radios it shall notify the Service Provider as soon as practicable, but no less than within five (5)
business days of receiving notification of installation and transition.
4.2 The Service Provider shall secure all Government Approvals required for the installation and
operation of the Subscriber Radios.
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4.3 All Subscriber Radios will be programmed and tested prior to deployment and/or installation by
the Contractor to determine if they are operating in accordance with manufacturer’s
specifications.
4.4 The Service Provider will coordinate with the End User Agency regarding the installation schedule
as far in advance as possible, but no less than at least fifteen (15) business days in advance.
5 OPERATIONS
5.1 In implementing and managing PSERN, the Service Provider shall:
5.1.1 Be responsible for, or during the Warranty Period ensure the Contractor is responsible for,
the repair of defective Equipment, and for programming and installing Equipment
purchased and installed during the Implementation Period;
5.1.2 Monitor PSERN for proper operations in accordance with the standards specified herein
and monitor for any failure symptoms;
5.1.3 Maintain, operate, repair, Update, Upgrade and test PSERN in accordance with the
Equipment manufacturer’s recommendations for routine maintenance;
5.1.4 Provide the End User Agency with a phone number and email address to report system
problems. The phone number shall be reachable and Monitored 24 hour X 7 day X 365
days per year;
5.1.5 Respond to network and Equipment problems in accordance with Response and
Resolution Tables contained in Exhibit 2;
5.1.6 Purchase the Contractor’s Radio Service Advantage (RSA) product offering which will
provide 7 years of support for Subscriber Radios after the conclusion of the two-year
warranty period. During the 7 years of RSA support, End User Agencies will be able to
receive repairs to Subscriber radios without incurring Contractor’s depot level repair costs.
However, any Subscriber Radio needing repair or replacement due to the intentional or
negligent act of the End User Agency, its agents, employees, or invitees, will be repaired
or replaced by the Radio Shop at the Radio End User Agency’s cost. Such cost is in addition
to the Monthly Fee. Disputes regarding the responsibility for repair or replacement cost
will be resolved pursuant to Section 23;
5.1.7 Have factory-trained subject matter experts (Duty Technician(s)) on staff who specialize in
the diagnosis, troubleshooting and resolution of network performance and Equipment
problems;
5.1.8 Have a Duty Technician to act as liaison between itself and the Contractor;
5.1.9 Resolve Equipment warranty claims with the Contractor;
5.1.10 Manage talkgroup site access profiles;
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5.1.11 Give the End User Agency at least thirty (30) days’ notice before undertaking scheduled
activities that will interrupt or reduce service capacity by twenty-five percent (25%) or
more;
5.1.12 Centrally manage the distribution and archiving of regional encryption keys;
5.1.13 Centrally manage the creation of new talkgroups (however, per Section 5.3, End User
Agencies will own their own existing talkgroups);
5.1.14 Centrally archive templates for radio programming of End User Agency radios;
5.1.15 Centrally manage the use of integrated voice and data applications such as over-the-air
rekeying, over the air programming, outdoor location (GPS information) and radio
management;
5.1.16 Ensure public safety agencies have priority of service on the PSERN system; and
5.1.17 Maintain the PSERN system to the following standards as specified in the Contract and as
implemented by the Contractor prior to FSA:
5.1.17.1 Delivered Audio Quality 3.4;
5.1.17.2 97% reliability;
5.1.17.3 97% portable on-street coverage in the Primary Bounded Area;
5.1.17.4 95% portable on-street coverage in the Highway Buffer Covered Areas;
5.1.17.5 Grade of Service of 1.0;
5.1.17.6 99.999% availability of backhaul;
5.1.17.7 at least 17db added signal above the baseline PSERN design within the
designated in-building coverage areas (downtown Seattle, downtown Bellevue,
and north central Renton; and
5.1.17.8 Provide 97% portable on-street coverage in the in-building coverage areas. The
Contractor shall provide a System that achieves 97% SAR (service area
reliability).
5.2 Following execution of the Operations Period ILA and formation of the PSERN Operator, the
PSERN Operator shall:
5.2.1 Develop and adopt a maintenance & operations plan that includes:
5.2.1.1 Talkgroup prioritization levels and site authorizations;
5.2.1.2 Authorized template configuration changes by Radio Shops;
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5.2.1.3 System maintenance standards;
5.2.1.4 Technician/System manager administrative rights;
5.2.1.5 Training requirements for technical staff;
5.2.1.6 Distribution, management, and archiving of regional and End User Agency
encryption keys;
5.2.1.7 System key management and distribution;
5.2.1.8 OTAP/OTAR roles and responsibilities;
5.2.1.9 Issue resolution reporting procedures including system status, repairs made,
impacted area, etc.;
5.2.1.10 Continuity of operations procedures;
5.2.1.11 Procedures for End User agencies to add radios to their inventory at their own
cost;
5.2.1.12 Talkgroup sharing agreement requirements; and
5.2.1.13 Conventional channel sharing agreements.
5.2.2. Adopt policies governing the replacement, removal, and addition of Equipment under its
control;
5.2.3. Adopt policies related to the access of PSERN for mutual aid and/or interoperability
purposes;
5.2.4. Adopt policies defining the approved Equipment and Subscriber Radios authorized for use
in PSERN;
5.2.5. Adopt policies defining mandatory configuration settings that must be set into each
authorized Subscriber Radio;
5.2.6. Adopt and implement information assurance controls, policies, procedures and processes;
5.2.7. Adopt policies governing the change management program;
5.2.8. Work in partnership with the End User Agencies to develop and regularly report on
performance and operating metrics indicating system performance as well as the PSERN
Operator’s ability to meet the End User Agencies service requirements; and
5.2.9. Upon request by End User Agencies, provide reports of system usage and equipment
inventories.
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5.3 In using the Equipment and PSERN, the End User Agency agrees to:
5.3.1 Be responsible for replacement at its cost of any Subscriber Radios that are stolen,
damaged, lost or which are determined by the End User Agency to be beyond their
expected life if not covered by the radio repair procedures as described in Section 5.4 ;
5.3.2 Use only radio codeplugs that have been configured by the PSERN Operator;
5.3.3 Create and distribute End User Agency encryption keys;
5.3.4 Own and control their own talkgroups;
5.3.5 Ensure all trunked radios are capable of being configured for P25 Phase II operation;
5.3.6 Prevent unauthorized and untrained personnel from accessing Subscriber Radios;
5.3.7 Promptly report Equipment and network problems to the Service Provider and indicate
the impact of the problem on the End User Agency (e.g., if a channel is garbled, features
are not working correctly, or if coverage conditions in a known area have changed);
5.3.8 Comply with all applicable information assurance controls, policies, procedures, and
processes developed and implemented by the PSERN Operator;
5.3.9 Maintain an accurate system for tracking all Subscriber Radio purchased by the PSERN
Project or acquired by the End User Agency and immediately notify the System Provider if
the End User Agency knows or suspects that a Subscriber Radio has been lost, stolen, or
damaged so that the System Provider can take any necessary actions which may include
disabling the Subscriber Radio;
5.3.10 Not permanently transfer, dispose of, or allow an entity or individual outside the User
Agency to use Subscriber Radios without the PSERN Board’s prior written approval for a
period of 7 years after Full System Acceptance (Any radios disposed of under this sub-
section shall be deprogrammed by a Radio Shop prior to disposal);
5.3.11 Assist the Service Provider in responding to any correspondence, complaint, information
request, or claim it receives that pertains to End User Agency operations;
5.3.12 Use a Radio Shop of its choice to perform all installation, maintenance, programming and
repair work on Subscriber radios;
5.3.13 Perform, or have performed, preventative maintenance of its Subscriber Radios in
accordance with manufacturer’s recommendations and schedules;
5.3.14 Perform, or have performed, periodic Updates of subscriber operating system as
determined by the Service Provider;
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5.3.15 Allow Service Provider the right to inspect applicable Equipment which the End User
Agency controls access to in order to verify operations of the Equipment are within the
manufacturer’s specifications and Federal Communications Commission rules; and
5.3.16 Not modify Subscriber Radio hardware or software operating characteristics, such as
modifying the transmit power levels of mobile radios or replacing the antennas with
higher gain antennas on mobile or portable radios without the approval of the PSERN
Operator.
5.4 Radio Repair Procedures:
5.4.1 After initial Contractor installation and up to and during the Warranty Period, the End
User agency will use a Radio Shop of its choice to perform all installation, maintenance,
programming, and repair work on Subscriber Radios and ensure that during the two year
warranty period the Radio Shop will:
5.4.1.1 Initiate a service request with Contractor by requesting a Return Merchandise
Authorization (RMA); and
5.4.1.2 The Radio shop shall remove failed units from the vehicles and reinstall new units
and ship the units to Contractor.
5.4.2 Contractor will:
5.4.2.1 Provide the Radio Shop with an RMA, provide a new Subscriber Radio
replacement unit with the latest firmware release, and reimburse the Radio Shop
and End User Agency for their costs (including troubleshooting time, owner
travel time, removal and installation of the radio, reprogramming, and inventory
actions).
5.4.3 Upon completion of the warranty period:
5.4.3.1 The Radio Shop will initiate a service request via Motorola Online (MOL) and
reference the Contract Number (#5729347) for repair;
5.4.3.2 Contractor is responsible for inbound and outbound shipping and tracking of
each shipment; and
5.4.3.3 End User Agency may have to pay fees for the removal/installation of Mobile
Radios or Control Stations per any applicable Radio Shop service agreements and
rates.
5.5 The Change management program to be adopted pursuant to Section 5.2 shall be mutually
agreed to by the Parties and shall include:
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5.5.1 Request for change (RFC) documentation;
5.5.2 Classification of the RFC quantifying the risk/impact and the category;
5.5.2.1 Risk/Impact may be: low, medium, high; and
5.5.2.2 Category may be: standard or Emergency.
5.5.3 Assessment and Authorization of the RFC;
5.5.4 Communication with dispatch centers of the RFC’s implications;
5.5.5 Implementation of the change;
5.5.6 Assessment of the quality of the implementation; and
5.5.7 Closure of the RFC record.
6. RESPONSE AND RESOLUTION TIMES TO INFRASTRUCURE IMPAIRMENTS
6.1 During the Warranty Period when a User reports or the Monitoring equipment detects a
problem and reports it to the Service Provider, a trained technologist will acknowledge and
attempt to remotely diagnose the problem. Appropriate responses could include continuously
Monitoring the event for further development, attempting remote remediation, or dispatching a
Field Servicer (Servicer) for onsite remediation.
6.2. The table in Exhibit 2 lists Response Times for three levels of severity and the correlating
Resolution Time for each.
6.3. The Service Provider shall repair or replace a defective piece of Equipment at no cost above the
Monthly Fee.
6.4. The Service Provider will keep or have access to sufficient spare parts and pieces of Equipment
so that defective, broken, or wrongly programmed Equipment can be promptly replaced or
repaired.
7. EQUIPMENT UPDATES AND UPGRADES
7.1 Equipment Updates
7.1.1 During the Warranty Period, the Contractor shall provide and install Equipment Updates.
Thereafter, the Contractor shall provide Updates that shall be installed by the Service
Provider. The cost of Updates shall be included in the Monthly Fee.
7.1.2 Regular Updates shall include:
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7.1.2.1 Contractor’s most current software enhancement release Update which includes
defect corrections, bug fixes, patches, and service packs.
7.1.2.2 Patch releases, service packs and other non-security-related Updates released by
Contractor, its subcontractors if applicable, and other providers of Equipment
operating and application software including Microsoft, Red Hat Linux, Sun
Solaris, and other third parties.
7.1.2.3 Contractor’s regular security-related Updates, referred to by Contractor as
“Security Update Service” (SUS) that include operating system patches and
service packs, anti-virus engines and definitions, intrusion detection systems and
signatures, and firewall setting and other security-related Updates.
7.1.3 Updates to software necessary as a result of a failure will be provided based on the
severity level of the failure as follows:
7.1.3.1 For failures that affect PSERN service, traffic/capacity, operations, material
functions, maintenance capabilities or system administration, the Service
Provider shall commence corrective action immediately and exercise its best
efforts to work with the Contractor to develop, test, and install a fix in the
shortest time possible.
7.1.3.2 For failures that do not affect PSERN service, traffic/capacity, operations,
material functions, maintenance capabilities or system administration, the
Service Provider shall work with the Contractor to develop, test, and install the
fix as part of an Update to be otherwise provided in this Section.
7.1.4 Prior to installation of an Update, the Service Provider shall confirm that the Update has
been successfully tested to ensure the Update is compatible and that it will not degrade,
interfere with, or otherwise compromise PSERN’s functionality. Updates may be loaded
remotely or locally as determined by the Service Provider.
7.1.5 The Service Provider will routinely install Updates, but may defer or decline to install an
Update or roll back one or more Updates if the Service Provider in its sole discretion
determines that the Update would be detrimental to PSERN’s functionality.
7.1.6 The Service Provider will notify End User Agencies in accordance with the change
management program as detailed in Section 5.5 in advance of routine Updates and will
provide applicable release notes with each Update. In the case of Updates installed
under Section 7.1.3, notice will be provided to the Users with as much lead time as
practicable.
7.2 Equipment Upgrades
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7.2.1 During the Warranty Period, the Contractor shall provide and install Equipment Upgrades.
Thereafter, the Contractor will provide Upgrades that will be installed by the Service
Provider. The cost of Upgrades shall be included in the Monthly Fee.
7.2.2 The most recent available Upgrades of the Equipment software and hardware shall be
provided at the following points in time: (1) no more than ninety (90) days prior to the
start of the FSA testing period; (2) no more than ninety (90) days prior to the end of the
Warranty Period; (3) after the Warranty Period, every other year beginning with 2023
subject to availability from the Contractor. The Service Provider may defer or suspend an
Upgrade if it determines in its sole discretion that the Upgrade would be detrimental to
PSERN’s functionality.
7.2.3 Each Upgrade will include the latest versions of Contractor software and the latest
versions of third party software certified for the system and shall include all Updates
available at the time of the Upgrade if not already installed under Section 7.1.
7.2.4 Prior to installation of an Upgrade, the Service Provider shall confirm that the Upgrade has
been successfully tested to ensure the Upgrade is compatible and that it will not degrade,
interfere with, or otherwise compromise PSERN’s functionality. Upgrades may be loaded
remotely or locally as determined by the Service Provider.
7.2.5 If an Upgrade requires additional or different Equipment, the Service Provider (by and
through the Contractor during the Warranty Period) shall provide and install the necessary
Equipment. The cost of the software and Equipment required for the Upgrade, if any, shall
be included in the Monthly Fee.
7.2.6 The Service Provider will notify End User Agencies in accordance with the change
management program as detailed in Section 5.5
8 MONTHLY FEE AND PAYMENT
8.1 The End User Agency agrees to pay the PSERN Operator a Monthly Fee for the End User Agency’s
use of PSERN and the PSERN Operator’s operation and maintenance of the Equipment and
network. The Monthly Fee shall be calculated using a formula determined by the PSERN Board.
8.2 The Monthly Fee will be assessed beginning immediately after FSA for each End User Agency
radio with an active ID in the radio system core. In the first month, the Monthly Fee shall be
assessed on a prorated basis based on the number of days the radio is in service and will apply to
Subscriber Radios used in the field, dispatch center back up radios and recording radios. The
PSERN Operator shall provide an invoice to the End User Agency. The first payment will be due
on the first day of the first full month after FSA, and shall equal the amount due for that month
and any pro-rated amount for the first month of service
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8.3 Monthly Fee payments will be due on the first day of each month, except that at the End User
Agency’s sole option it may make annual advance payments in lieu of monthly installments.
Payments made will be applied first to charges that are in arrears and then to the payment due
for that coming month.
8.4 The first payments after FSA may be reduced based on the PSERN Board’s disbursement of the
Rate Stabilization Allocation for those End User Agencies that will see a rate increase as a result
of PSERN operations.
8.5 The PSERN Operator shall provide the End User Agency with the address for payment of Fees not
less than sixty (60) days prior to the date the first payment is due. All payments shall be
accompanied by a reference to this Agreement, or an invoice number.
8.6 If the End User Agency does not pay its Fee or pays only a part of the Fee more than twice in any
single calendar year, the PSERN Operator may charge the End User Agency a reasonable late or
special handling charge.
8.7 The PSERN Operator’s acceptance of any payment or partial payment after the date it is due shall
not be deemed a waiver regarding the End User Agency’s obligations to make future payments
on time. And no partial payment shall act as an accord and satisfaction unless approved by the
PSERN Board.
8.8 OTHER FEES: The Service Provider may maintain and publish fees for services in support of End
User Agency’s operations unrelated to the PSERN Equipment. Such fees may include activation
and deactivation fees and time and materials rates for non-PSERN equipment servicing. End User
Agencies may use these ad hoc services, if offered, which may consist of:
8.8.1 Time and materials fees in support of UHF systems and equipment, VHF systems and
equipment, non-PSERN Microwave equipment and fiber optic networking
8.8.2 Consultation service fees for communication equipment or systems
8.8.3 Consultation service fees for in-building coverage equipment such as bi-directional
amplifiers or distributed antenna systems
9. TERM
9.1 This Agreement shall take effect when executed by authorized representatives of the Parties, and
shall remain in effect unless one of the following events occurs:
9.1.1 The Parties execute a superseding agreement;
9.1.2 The End User Agency withdraws from the Agreement as provided in Section 16.1; or
9.1.3 The PSERN Board terminates the Agreement as provided in Section 16.2.
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10. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, AGREEMENTS, POLICIES, PROCEDURES,
AND PERMITS
The Parties acknowledge: 1) that they are required to comply with various laws, regulations,
agreements, policies, procedures, and permits, including those contained in 47 CFR §90, those
developed by the PSERN Board and the Service Provider, and those contained in the
Implementation Period ILA and the Operations Period ILA, if the End User Agency is a party to
those agreements; and 2) that the County is subject to the Vendor Contract’s terms and
conditions in the performance of this Agreement. The Parties agree to comply with the applicable
laws, regulations, agreements, policies, procedures, and permits.
11. REPRESENTATIONS AND WARRANTIES
11.1 The End User Agency represents, warrants, and agrees that:
11.1.1 It will work cooperatively, fully, and promptly with the Service Provider;
11.1.2 It has the full right, power, and authority to enter into this Agreement; and
11.1.3 It does not know any reason why its execution and performance of this Agreement would
violate any laws, covenants, or the provisions of any mortgage, lease or other binding
agreement.
11.2 The Service Provider represents, warrants, and agrees that:
11.2.1 It will work cooperatively, fully, and promptly with the End User Agency;
11.2.2 It has the full right, power and authority to enter into this Agreement;
11.2.3 It does not know any reason why its execution and performance of this Agreement would
violate any laws, covenants or the provisions of any mortgage, lease or other binding
agreement.
12.NOT USED
13 INDEPENDENT CONTRACTORS AND NO THIRD PARTY BENEFICIARIES
13.1 Each Party is an independent contractor with respect to this Agreement. No joint venture or
partnership is formed as a result of this Agreement.
13.2 This Agreement is solely for the benefit of the Parties, and gives no right or remedy to any other
person or entity.
14 ASSIGNMENTS
14.1 By Service Provider
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The County may assign this Agreement and all of the County’s rights, duties, and obligations set
forth herein, to the PSERN Operator without the End User Agency’s approval. However, such
assignment shall require approval by the PSERN Board.
14.2 By the End User Agency:
The End User Agency may not assign any of its rights, duties, or obligations set forth in this
Agreement except as approved in writing by the PSERN Board and the Service Provider.
15 RECORDS
Each Party shall keep records as required by state law. To the extent permitted by law, all
records, accounts and documents relating to matters covered by this Agreement shall be subject
to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon
reasonable notice, during normal working hours, each Party shall provide auditors from the
Washington State Auditor or the other Party with access to its facilities for copying said records
at their expense. If a Party receives a request for records under the Washington State Public
Records Act for records that meet the definition of Confidential Information, and if the Party
determines such record is or may be subject to disclosure, the Party’s sole obligation to protect
the confidentiality shall be to notify the entity or individual claiming confidentiality of the request
and the date that such Confidential Information will be released. Such individual or entity, shall
have the option of obtaining a court order to enjoin disclosure pursuant to RCW 42.56.540.
16. ENDING SERVICE
16.1 End User Agency may apply for withdrawal from this Agreement with at least one year’s written
notice of its intent to withdraw. Such applications shall be handled in accordance with the PSERN
Board’s rules.
16.2 After giving the End User Agency a reasonable period of time to cure, the PSERN Board may
terminate this Agreement for the End User Agency’s repeated violations of the Agreement terms.
The PSERN Board may immediately terminate this Agreement where an action or inaction of the
End User Agency significantly diminishes or threatens to significantly diminish the operations of
PSERN or results in the loss of or threatened loss of PSERN’s spectrum licenses. Termination
actions shall be handled in accordance with the PSERN Board’s rules.
17. INDEMNIFICATION
Each Party shall save harmless the other Party, its officers, officials, employees and agents while
acting within the scope of their employment as such, from any and all suits, costs, claims, actions,
losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in
connection with, or incident to the services associated with this Agreement caused by or
resulting from each Party's own negligent acts or omissions. Each Party agrees that it is fully
responsible for the acts and omissions of its own contractors, subcontractors, their employees
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and agents, acting within the scope of their employment as such, as it is for the acts and
omissions of its own employees and agents.
18. INSURANCE
18.1 King County Insurance
The County maintains a self-insurance program for the protection and handling of its liabilities
including injuries to persons and damage to property. The End User Agency acknowledges, agrees
and understands that the County is self-funded for all of its liability exposures for this
Agreement.
18.2 The PSERN Operator
Upon the transfer of PSERN to the PSERN Operator, the PSERN Operator shall either maintain a
fully funded self-insurance program in accordance with applicable law or acquire and maintain
commercial general liability insurance in the amount of Five Million Dollars ($5,000,000) per
occurrence and Five Million Dollars ($5,000,000) general aggregate, based on ISO Form CG 00 01
or equivalent.
18.3 Contractors and Subcontractors Insurance
The County and PSERN Operator shall require their contractors and subcontractors to maintain
general liability insurance for all activities related to installation and servicing of the equipment at
the Centers.
18.4 End User Agency’s Insurance
The End User Agency agrees to maintain a self-insurance program or to procure and maintain the
following minimum insurance coverage areas and limits, or comparable program(s) of self-
insurance, responsive to its liability and property exposures under this Agreement:
18.4.1 General Liability: Insurance Services “occurrence” form CG 00 01 (current edition), or its
substantive equivalent. Commercial General Liability coverage shall be no less than ONE
MILLION DOLLARS ($1,000,000) per combined single limit per occurrence, and TWO
MILLION DOLLARS ($2,000,000) in the aggregate for bodily injury and property damage.
18.4.2 Workers' Compensation/Stop Gap/Employers Liability: Statutory Workers Compensation
coverage and Stop Gap Liability for a limit no less than ONE MILLION DOLLARS
($1,000,000) per occurrence.
19. NOTICES
Written notice for purposes of Sections 16, 18 and 23 must be either delivered by courier or sent
by certified mail, return receipt requested, to the address listed below. Notices shall be deemed
effective upon the earlier of receipt when delivered, or, if mailed, upon signature on the return
receipt. A Party may change the address for notices from time to time by providing the other
AGENDA ITEM #6. c)
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Party(ies) the replacement name and contact information. Notice shall not be effective unless
and until the other Party(ies) has (have) received this information.
To the End User Agency:
To the County or PSERN Operator:
Hai Phung, Project Manager
King County Department of Information Technology
401 5th Avenue
Seattle, WA 98104
20. AMENDMENT
This Agreement may be amended only upon mutual written agreement of the Parties and
approval of the PSERN Board.
21 FORCE MAJEURE
Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents,
shutdowns for purpose of Emergency repairs, strikes and other labor disruptions, and other
industrial, civil or public disturbances that are not reasonably within the control of a Party
causing the Party’s inability to perform an obligation under this Agreement are “Force Majeure
Events.” If any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform
or comply with any obligation or condition of this Agreement, such obligation or condition shall
be suspended for the time and to the extent reasonably necessary to allow for performance and
compliance and restoration of normal operations.
22 CONFLICT WITH OTHER AGREEMENTS
If any provision of this Agreement conflicts with a provision of the Implementation Period ILA,
the Operations Period ILA, or the lease between the End User Agency and King County (or Service
Provider as applicable), if any, such that the provisions cannot be harmonized, then the
provisions of the applicable ILA or lease shall control over this Agreement.
23 DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement, the Parties shall endeavor to resolve the
dispute through direct negotiations between them. If the Parties are unable to resolve the
dispute within sixty (60) days of its occurrence, either Party may refer the dispute to the PSERN
Board for resolution and shall provide the other Party with notice of such referral. If the dispute
is not resolved by the PSERN Board within sixty (60) days of referral to it, either Party may refer
the dispute to the executive officers of the Parties. If the dispute is not resolved by the
executives within 60 days of referral, either Party may refer the dispute to non-binding
mediation. The parties to the dispute shall share the costs of mediation equally. Referral of the
AGENDA ITEM #6. c)
20
dispute to the PSERN Board, the executives, and mediation shall be a condition precedent to a
Party’s pursuit of other available legal remedies.
24 CHOICE OF LAW AND VENUE
This Agreement and any rights, remedies, and/or obligations provided for in this Agreement shall
be governed, construed, and enforced in accordance with the substantive and procedural laws of
the State of Washington. The Parties agree that the King County Superior Court, Washington
shall have exclusive jurisdiction and venue over any legal action arising under this Agreement.
25 NO WAIVER
No term or provision of this Agreement shall be deemed waived and no breach excused unless
such waiver or consent shall be in writing and signed by the Party claimed to have waived or
consented. Waiver of any default of this Agreement shall not be deemed a waiver of any
subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to
be a waiver of any other or subsequent breach. Waiver of such default or breach shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through
written approval of the Parties.
26 EX E CUT I O N A ND C O U NTER PAR T S
This Agreement may be executed in counterparts, any one of which shall be deemed to be an
original, and all of which together shall constitute one and the same instrument.
27 SURVIVAL PROVISIONS
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a Party’s
withdrawal from this Agreement.
Section 15 Records
Section 17 Indemnification
Section 19 Notices
Section 24 Choice of Law and Venue
28 SEVERABILITY
The invalidity of any provision of this Agreement shall not affect the validity of the remaining
provisions.
AGENDA ITEM #6. c)
21
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the space
provided below.
King County City of Renton
David Mendel, Director, King County Armondo Pavone, Mayor Date
Emergency Radio Communications
Attest:
Jason Seth, City Clerk Date
City Attorney, City of Renton Date
AGENDA ITEM #6. c)
22
Exhibit 1
List of equipment for End User Agency
The quantities of equipment listed here will be based on the preliminary radio inventory. The parties
agree that prior to radio replacement final inventory numbers will be mutually agreed to, subject to the
replacement polices adopted by the PSERN Joint Board.
Renton Police Department
Portable
Radio
Location
Capable
Encryption
with Over
The Air Re-
keying
Portable
Radio
quantity
with
microphone
2 batteries,
case
Individual
Charger
6 Pocket
Charger
Other Gov't No No 0 0 0
Police Yes Yes 209 209 0
Fire/EMS Yes Yes 0 0 0
Mobile
Radio
Location
Capable
Encryption
with Over
The Air Re-
keying
Dash mount
radio
Trunk
mount radio
Dual head
radio
Quad head
radio
Motorcycle
radio
Other Gov't No No 0 0 0 0 0
Police/Fire/EMS Yes Yes 94 43 0 0 16
Base
Radio
Location
Capable
Encryption
with Over
The Air Re-
keying
Consolette
radio
Desktop
radio
Other Gov't No No 0 0
Police/Fire/EMS Yes Yes 0 2
Total Radios 364
AGENDA ITEM #6. c)
23
All radios come with 700/800 MHz Trunked/Conventional P25 & Smartzone Trunking,
Over the Air Programming, Radio Authentication, Integrated Voice and Data, Advanced
System Key
AGENDA ITEM #6. c)
24
Exhibit 2
Response and Resolution Tables
Severity
Level
En-Route
Response Time
Restoration and Replacement
Times
Examples
Severity 1 Field Servicer
shall be en-
route within
thirty (30)
minutes after
Contractor or
Service
Provider
detects or is
notified of the
failure,
whichever
occurs first.
Within four (4) hours of detection
or report of failure, whichever
occurs first, restore full
functionality to land mobile radio
equipment and software,
microwave system equipment and
software and MPLS equipment and
software and if equipment is
malfunctioning, install FRU.
Concerning equipment and
software not listed above, Service
Provider’s goal is to resolve all
Severity 1 failures within two hours
of arrival. However, it is possible
that some resolutions could require
additional time and effort due to
multiple item failure, antenna
system failure, etc. In any event,
Service Provider is committed to
failure resolution as rapidly as
possible, utilizing all available
resources to resolve the failure as
soon as possible.
Failure of any system control
equipment element. (e.g.
equipment at a master site or
prime site).
Any failure which results in the loss
of wide area operation of one or
more simulcast radio sub-system.
Failure of operation of 25% or more
of the operator stations in a
dispatch center.
This level represents the most
critical issues affecting significant
portions of the System and its
users.
AGENDA ITEM #6. c)
25
Severity 2 Field Servicer
shall be en-
route within
thirty (30)
minutes after
Contractor or
Service
Provider
detects or is
notified of the
failure,
whichever
occurs first.
Within twenty-four (24) hours of
detection or report of failure,
whichever occurs first, restore full
functionality to land mobile radio
equipment and software
microwave system equipment and
software and MPLS equipment and
software and if equipment is
malfunctioning, install FRU.
Concerning equipment and
software not listed above Service
Provider’s goal is to resolve all
Severity 2 failures within twelve
hours of arrival. However, it is
possible that some resolutions
could require additional time and
effort due to multiple item failure,
antenna system failure, etc. In any
event, Service Provider is
committed to failure resolution as
rapidly as possible, utilizing all
available resources to resolve the
failure as soon as possible.
Loss of 20% or more voice talk-path
capacity at a site.
Failure of operation of any
individual site that comprises a part
of a simulcast subsystem or
multicast site.
Any Backhaul failure which causes
either a loss of traffic through a
path or loss of node redundancy.
Network Management System
(NMS) failure
dispatch center failure impacting
operations.
Loss of connectivity of any dispatch
or RF site to the core network.
Environmental alarms, such as DC
plant and backup power.
This level represents major issues
that results in an impaired or
unusable sub-system, or loss of
critical features from the End User
Agency’s perspective.
AGENDA ITEM #6. c)
26
Severity 3 Field Servicer
shall be en-
route as soon
as possible
after
Contractor or
Service
Provider
detects or is
notified of the
failure,
whichever
occurs first.
Within twenty-four (24) hours of
detection or report of failure,
whichever occurs first, restore full
functionality to land mobile radio
equipment, microwave system
equipment and software and MPLS
equipment and software and, if
equipment is malfunctioning,
install new equipment.
Concerning equipment and
software not listed above, Service
Provider’s goal is to resolve all
Severity 3 failures within twenty-
four hours of arrival. However, it is
possible that some resolutions
could require additional time and
effort due to multiple item failure,
antenna system failure, etc. In any
event, Service Provider is
committed to failure resolution as
rapidly as possible, utilizing all
available resources to resolve the
failure as soon as possible.
Loss of less than 20% of voice talk-
path capacity at any site.
Any Backhaul failure or alarm which
does not result in loss of traffic or
redundancy.
No more than 1 console out-of-
service at any dispatch location.
Loss of any NMS workstation.
This level represents moderate
issues that limit End User Agency’s
normal use of the system, sub-
system, product, or major non-
critical features from an End User
Agency’s perspective.
AGENDA ITEM #6. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. __________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO SIGN ON BEHALF OF THE CITY, THE
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR INTERLOCAL
COOPERATION AGREEMENT.
WHEREAS, King County currently has a countywide emergency public safety radio
network. The King County Emergency Radio Communication System (“KCERCS”) supports over
seventeen thousand radios and nearly two hundred separate police, fire, emergency medical,
and other governmental agencies; and
WHEREAS, portions of KCERCS are separately owned by the Eastside Public Safety
Communications Agency, Valley Communications Center, the City of Seattle, and King County
with a jointly owned switch controlling the entire network; and
WHEREAS, KCERCS is over twenty years old and is increasingly unsupported by the
supplier of the system’s equipment, software and related parts; and
WHEREAS, the City and the cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Seattle, and Tukwila and King County (“Parties”) determined
that it is in the public interest that a new public safety radio system, referred to as the Puget
Sound Emergency Radio System (“PSERN”), be implemented to provide public safety agencies
and other user groups in the region with improved coverage and capacity, as well as uniformly
high-quality radio communications; and
WHEREAS, the Parties entered into the Puget Sound Emergency Radio Implementation
Period Interlocal Cooperation Agreement (“Implementation Period ILA”) that designates King
County as the lead agency for planning, procurement, financing, implementation and limited
AGENDA ITEM #6. c)
RESOLUTION NO. ________
2
operation of PSERN. The Implementation Period ILA also establishes a Joint Board to oversee the
PSERN Project implementation; and
WHEREAS, the Parties each gave 800 MHz frequencies to the PSERN project that will
become the new PSERN system and will eventually be owned by the PSERN Operator; and
WHEREAS, the Parties to the Implementation Period ILA have negotiated a separate
agreement, the Puget Sound Emergency Radio Network Operator Interlocal Cooperation
Agreement to create a new separate governmental agency under RCW 39.34.030(3)(b) that is
organized as a non-profit corporation under Chapter 24.06 RCW to assume the ownership and
control of PSERN following full system acceptance; and
WHEREAS, in addition to creating the new agency to be called the PSERN Operator, the
PSERN Operator ILA establishes the terms for governance of the PSERN Operator and the terms
under which the PSERN Operator will undertake responsibility for the ownership, operations,
maintenance, management and on-going upgrading/replacing of the PSERN system during its
useful life; and
WHEREAS, the PSERN Joint Board, created by the Implementation Period ILA, approved
the PSERN Operator ILA by unanimous vote; and
WHEREAS, pursuant to the PSERN Operator ILA, the cities of Renton, Auburn, Federal
Way, Kent, and Tukwila will share a single vote on the PSERN Operator Board of Directors and to
facilitate such vote sharing have negotiated a memorandum of understanding to designate how
such shared voting authority will be overseen;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
AGENDA ITEM #6. c)
RESOLUTION NO. ________
3
SECTION I. The Mayor and City Clerk are hereby authorized to sign all documents
necessary to enact the Puget Sound Emergency Radio Network Operator Interlocal Cooperation
Agreement in substantially the same form as Exhibit “A” to this resolution, with King County and
the cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond,
Seattle and Tukwila for the Puget Sound Emergency Radio Network Operator, and to take all
actions necessary to implement the terms of the interlocal agreement, including signing a
memorandum of understanding in substantially the same form as Exhibit “B” to this resolution.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2020.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _____________________, 2020.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES.1844:4/21/2020
AGENDA ITEM #6. c)
RESOLUTION NO. ________
4
EXHIBIT “A”
Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement
AGENDA ITEM #6. c)
Page 1
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Puget Sound Emergency Radio Network Operator Interlocal Cooperation
Agreement (“Agreement”) is entered into pursuant to chapter 39.34 RCW (the “Interlocal
Cooperation Act”) by and among King County and the cities of Auburn, Bellevue, Federal
Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila,
each a political subdivision or municipal corporation of the State of Washington
(individually, a "Party" and collectively, the "Parties").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King County
Emergency Radio Communications System (KCERCS), a voice radio system that is
nearly twenty years old and is increasingly unsupported by the supplier of the system’s
equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, as well as uniformly high-
quality emergency radio communications. Said new system is referred to herein as the
“Puget Sound Emergency Radio Network System” or “PSERN System.”
C. The costs of implementing the PSERN System are financed through a funding
measure approved by voters at the April 2015 election.
D. The Parties executed a separate agreement (“Implementation Period ILA”) that
designates King County to act as the lead agency for planning, procurement, financing
and implementation of the PSERN System with the oversight of a Joint Board established
pursuant to the Implementation Period ILA.
E. The Implementation Period ILA contemplates that the Parties will create a new
separate governmental agency under RCW 39.34.030(3)(b) that is organized as a non-
profit corporation under Chapter 24.06 RCW as authorized by the Interlocal Cooperation
Act to assume the ownership and control of the PSERN System following Full System
Acceptance and be responsible for the ownership, operations, maintenance,
management and on-going upgrading/replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to create the new governmental agency to be
known as the “PSERN Operator” and establish the terms for governance of the PSERN
Operator and the terms under which the PSERN Operator will undertake the ownership,
operations, maintenance, management and on-going upgrading/replacing of the PSERN
System. NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
AGENDA ITEM #6. c)
Page 2
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall also
mean and include the plural (and vice versa), and the masculine gender shall also
mean and include the feminine and neutral genders (and vice versa).
1.1.2 References to statutes or regulations include all current and future statutory
or regulatory provisions consolidating, amending or replacing the statute or
regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words “including,” “includes” and “include” shall be deemed to be
followed by the words “without limitation.”
1.1.5 The words “shall” or “will” shall be deemed to require mandatory action.
1.1.6 Words such as “herein,” “hereof” and “hereunder” are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as “person” or “party” shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to “days” shall mean calendar days unless expressly stated to
be “Business Days.” If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by King County, the due date shall
be deemed to be the next Business Day.
1.1.9 The headings and captions inserted into this Agreement are for convenience
of reference only and in no way define, limit, or otherwise describe the scope or
intent of this Agreement, or any provision hereof, or in any way affect the
interpretation of this Agreement.
1.1.10 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
AGENDA ITEM #6. c)
Page 3
Words and terms used in this Agreement and not otherwise defined herein (including in
the recitals which are hereby incorporated into this Agreement by this reference) shall be
given their ordinary and usual meanings or their well-known technical industry meanings
except that the following terms are defined for this Agreement as follows:
1.2.1 Board of Directors or Board means the board described in Section 4.0 of this
Agreement and shall be the governing body of the PSERN Operator.
1.2.2 Agreement means this Puget Sound Emergency Radio Network Operator
Interlocal Cooperation Agreement, as it may hereafter be amended or modified
from time to time, together with all exhibits and appendices hereto, as they may
hereafter be amended or modified.
1.2.3 Consolidated Service Area means those geographic areas of King County,
Pierce County and Snohomish County, Washington, previously served by the
emergency radio networks of King County, the City of Seattle, EPSCA and Valley
Com, and which areas are to be prospectively served by the PSERN System. The
Consolidated Service Area shall also include those other geographic areas that
are added to the area served by the PSERN System as expanded in accordance
with action of the Board of Directors.
1.2.4 Director means a person designated as a member of the Board of Directors
pursuant to Section 4.2 of this Agreement.
1.2.5 Dispatch Center means an organization that has entered into an agreement
with King County or the PSERN Operator for console service on the PSERN
System.
1.2.6 EPSCA means the Eastside Public Safety Communications Agency, formed
pursuant to chapters 39.34 and 24.06 RCW, created by the cities of Bellevue,
Issaquah, Kirkland, Mercer Island and Redmond, or its successor agency.
1.2.7 Executive Director means the chief executive officer for the PSERN Operator
appointed by and serving at the pleasure of the Board of Directors.
1.2.8 Full System Acceptance or FSA means the determination issued to the
PSERN System Contractor upon the Contractor satisfactorily completing the final
system development phase milestone pursuant to King County Contract No.
5729347 (Contract for the Design, Development, Implementation, Testing and On-
Going Support, Maintenance and Upgrade of the Puget Sound Emergency Radio
System, executed on December 17, 2014).
1.2.9 KCERS means the King County Emergency Radio Communication System.
1.2.10 Operations Period means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
AGENDA ITEM #6. c)
Page 4
1.2.11 PSERN Transitional Employee means an individual: (1) who, at the time of
FSA, is employed by King County, the City of Seattle, EPSCA, or ValleyCom in a
management, administration, finance, operations, and/or maintenance position for
a subregion of KCERCS; (2) whose employment with King County, the City of
Seattle, EPSCA, or ValleyCom will be eliminated as a direct result of the PSERN
project; and (3) who will not be hired by the PSERN Operator in a comparable
capacity because the PSERN Operator has no or fewer comparable positions.
1.2.12 Puget Sound Emergency Radio Network Operator or PSERN Operator
means the governmental agency formed under this Agreement and RCW
39.34.030(3)(b) that is organized as a nonprofit corporation under chapter 24.06
RCW as authorized by the Interlocal Cooperation Act for the purpose of owning,
operating, maintaining, managing and ongoing upgrading/replacing of the PSERN
System during the Operations Period.
1.2.13 Puget Sound Emergency Radio Network System or PSERN System means
the land mobile radio system constructed under the Implementation Period ILA. It
also means all equipment, software, and other work deployed during the
Operations Period to provide public safety communication service(s) or an addition
to an existing infrastructure during the Operations Period to provide new or
additional public safety communication service(s).
1.2.14 System means an infrastructure that is deployed to provide public safety
communication service(s) or an addition to an existing infrastructure to provide new
or additional public safety communication service(s).
1.2.15 Service Rate means the rate or rates charged to User Agencies in
accordance with the Rate Model at Exhibit A, or as it may be amended by action
of the Board of Directors.
1.2.16 Services means voice, data, video, or other communication services
provided to User Agencies and Dispatch Centers through an agreement with King
County or the PSERN Operator.
1.2.17 User Agency means an entity that is authorized under an agreement with
King County or the PSERN Operator to register and use a radio or other device on
the PSERN System.
1.2.18 Valley Communications Center or Valley Com means the Governmental
Administrative Agency formed by interlocal agreement under Chapter 39.34 RCW,
created by the cities of Auburn, Federal Way, Kent, Renton, and Tukwila.
2.0 DURATION OF AGREEMENT
This Agreement shall be effective on the date it is last signed by an authorized
representative of each the Parties and is filed and/or posted as provided in Section 15.2
("Effective Date"). This Agreement shall remain in effect until terminated as provided in
Section 12.0.
AGENDA ITEM #6. c)
Page 5
3.0 PURPOSE OF THE AGREEMENT; FINANCING; SERVICES
The purpose of this Agreement is to provide communication Services throughout the
Operations Period to User Agencies and any other agencies permitted to be licensed in
the 800 MHz Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within
the boundaries of the Consolidated Service Area. To effectuate this purpose, the Parties
hereby create a governmental administrative agency called the “Puget Sound Emergency
Radio Network Operator”. The Parties each assign to the PSERN Operator the
responsibility of owning, operating, maintaining, managing and ongoing
upgrading/replacing of the PSERN System during the Operations Period as permitted by
the Interlocal Cooperation Act. The PSERN Operator shall be formed pursuant to RCW
39.34.030(3)(b) and shall be organized as a nonprofit corporation under chapter 24.06
RCW.
The Parties hereto acknowledge and agree that each is executing this Agreement in order
to facilitiate the creation of the PSERN Operator as a separate governmental
administrative agency pursuant to the Interlocal Cooperation Act and not a “joint board”
within the meaning of RCW 39.34.030(4)(a). All debts, obligations and liabilities incurred
by the PSERN Operator shall be satisfied exclusively from the assets and properties of
the PSERN Operator and no creditor or other person shall have any right of action against
the Parties hereto, the User Agencies or any other public or private entity or agency on
account of any debts, obligations, or liabilities of the PSERN Operator unless explicitly
agreed to in writing by the Party hereto, the User Agency, or such entity or agency.
The expenses of the PSERN Operator shall be financed through a funding measure
approved by voters at the April 2015 election and with user fees (Service Rates) to be
assessed against and paid by all User Agencies. It is the intent of the Parties that Service
Rates be computed as provided in Exhibit A and be set to cover all operating expenses
of the PSERN Operator, unless otherwise directed by the Board of Directors.
This Agreement shall not obligate the Parties to incur debt on behalf of the PSERN
Operator. Each Party’s financial obligations to PSERN shall be limited to payment of
Service Rates unless otherwise agreed upon in writing.
The PSERN Operator shall have the responsibility and authority for providing
communication Services as provided in this Agreement, including but not limited to
owning, operating, maintaining, managing and ongoing upgrading/replacing of the
PSERN System during the Operations Period and all related incidental radio
communications functions.
4.0 BOARD OF DIRECTORS
4.1 Creation of Board of Directors
The PSERN Operator shall be governed by a Board of Directors that is hereby created
pursuant to the Interlocal Cooperation Act and chapter 24.06 RCW that shall act in the
best interests of PSERN and in furtherance of the purpose of this Agreement. The Board’s
AGENDA ITEM #6. c)
Page 6
composition, powers, responsibilities, quorum and meeting requirements shall be
included in the PSERN Operator’s articles of incorporation or bylaws.
4.2 Composition of the Board of Directors
4.2.1 The Board of Directors shall be composed of the four following voting
members:
4.2.1.1 the King County executive, or a designee of the executive approved
by the King County council;
4.2.1.2 the City of Seattle mayor, or his/her designee;
4.2.1.3 one mayor or city manager or his/her designee representing the
Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond (the
“EPSCA Cities”); and
4.2.1.4 one mayor or city manager or his/her designee representing the
Cities of Auburn, Federal Way, Kent, Renton and Tukwila (the “Valley Com
Cities”).
4.2.2 The Board of Directors shall also include two nonvoting members to
comment and participate in discussions but who are not entitled to vote on any
matter. One nonvoting member shall be appointed by the King County Police
Chiefs Association and one member selected jointly by the King County Fire
Commissioners Association and the King County Fire Chiefs Association.
4.2.3 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall provide written notice of its initial Board of
Directors member and alternate member to the Chair of the Joint Board
established under the Implementation Period ILA. Thereafter, notice of a change
to a Party’s Board of Directors member or alternate shall be effective upon delivery
of written notice to the Chair of the Board of Directors. The notice shall include the
name and contact information for the new member or alternate.
4.2.4 An authorized representative of King County, the City of Seattle, the Valley
Com Cities and the EPSCA Cities shall promptly replace any vacancy in its Board
of Directors member or alternate and may, at any time, replace its Board of
Directors member or alternate by giving notice as provided in Section 4.2.3. If the
County or the City of Seattle fails to fill a vacancy for its Board of Directors member
and alternate, its chief executive officer or his/her designee shall attend all
meetings until one of the vacancies is filled. If one of the groups of cities listed in
Sections 4.2.1.3 or 4.2.1.4 fails to fill a vacancy for its Board of Directors member
and alternate, then the chief executive officer or his/her designee of one of the
cities in that group shall attend all meetings until one of the vacancies is filled.
4.2.5 The officers of the PSERN Operator shall consist of a Chair, Vice Chair, a
Secretary, a Treasurer and such other officers and assistant officers as may be
deemed necessary and set forth in the bylaws. Any two or more offices may be
AGENDA ITEM #6. c)
Page 7
held by the same person, except the offices of Chair and Secretary. The officers
shall be elected from among the voting members of the Board. The Chair shall
preside at the meetings of the Board of Directors. The Vice Chair shall serve in the
absence of the Chair.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Board of Directors shall be all four of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of all four voting Board members, except as provided
otherwise in this Agreement.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three voting members find either that
there is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, User Agencies or
the PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors’ voting
members.
4.3.3 The Board of Directors shall establish bylaws and procedures for its
operations and meetings including setting a regular meeting schedule and location,
providing for the scheduling of special and emergency meetings, and providing for
attendance by telephone or other electronic voice communication.
4.3.4 The regular meeting schedule shall be established by the Board of Directors,
with a minimum of two meetings being held each calendar year. Special or
emergency meetings may be called by the Chair or by at least two voting members
of the Board.
4.3.5 The first meeting of the Board of Directors will be held as soon as
practicable and necessary to begin operations of the PSERN Operator. The
members described in Section 4.2.3 shall attend the meeting and shall elect a
Chair and Vice Chair to serve a term that will begin upon election and extend
through the remainder of that calendar year and the calendar year immediately
following. Thereafter, the Board of Directors shall elect a Chair and Vice Chair at
the final meeting of each year to allow each to serve a two-year term that will begin
on January 1 of the following year.
4.3.6 The Board of Directors shall hold an annual meeting to coincide with the
first regular meeting each year. During the annual meeting, the Executive Director
shall report on the state of the PSERN Operator.
4.3.7 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision-making process. Any voting Board member may call for a vote on an
issue. Meetings shall be conducted according to the most recent edition of Robert’s
Revised Rules of Order unless otherwise directed by the Board of Directors.
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4.3.8 Board members must be present at a meeting to vote and may not vote by
proxy, provided that, if provided for in the bylaws, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.3.9 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act, Chapter 42.30 RCW.
4.3.10 An alternate attending Board of Directors meetings on behalf of a regular
member of the Board shall be considered to be a member for purposes of that
meeting and entitled to exercise all rights of the member to participate in such
meetings, including participating in discussion, making motions, and voting on
matters coming before the Board.
4.3.11 Notwithstanding any other provision in this Agreement, the Board of
Directors may take action by three affirmative votes when each of the following
conditions is met: (1) a matter has been identified for action in the notice or
proposed agenda for at least two meetings in a row, and (2) both meetings were
regularly scheduled meetings or properly notified and scheduled special meetings
in accordance with the bylaws and RCW 42.30, and (3) the same voting member
failed to attend both meetings and failed to send an alternate. In this event, for this
one action item only, a quorum of the Board of Directors will consist of three
members.
4.4 Board of Directors Actions
The PSERN Operator, through its Board of Directors, shall have all powers allowed by
law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as
they now exist or may hereafter be amended, and as authorized, amended, or removed
by the Board of Directors, as provided for in this Agreement, and including but not limited
to the following:
a. Amend this Agreement, subject to Section 15.13;
b. Establish committees and advisory groups to perform activities related to the
PSERN System;
c. Adopt and amend budgets and approve expenditures;
d. Adopt and amend policies and bylaws for the administration and regulation of
the PSERN Operator;
e. Adopt and amend purchasing and contracting policies consistent with state
law;
f. Direct and supervise the activities of the Operating Board;
g. Direct the activities of the Executive Director;
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h. If the Board determines that the Executive Director will be directly hired as an
employee of the PSERN Operator, then the Board shall hire, set the
compensation for, and be authorized to terminate the employment of the
Executive Director.
i. If the Board determines that the Executive Director will be a contracted
employee from another governmental agency, the Board will contract for an “at
will” employee approved by the Board and who may be terminated from the
position by a unanimous vote by the Board.
j. Evaluate the Executive Director's performance and give the Executive Director
a written evaluation of his or her performance at least annually;
k. Establish a fund or special fund or funds as authorized by RCW 39.34.030;
l. Establish Service Rates in accordance with Exhibit A or any amendments
thereto;
m. Review and amend terms of use for User Agencies, as necessary;
n. Conduct regular and special meetings;
o. Approve PSERN operation and maintenance standards;
p. Determine the Services the PSERN Operator shall offer and the terms under
which they will be offered;
q. Approve agreements with third parties;
r. Incur financial obligations in the name of the PSERN Operator to make
purchases or contracts for Services to implement the purposes of this
Agreement; provided, however, nothing in this Agreement shall authorize the
PSERN Operator to issue bonds or incur indebtedness in the name of any Party
hereto or that shall be considered a debt or a guarantee of any Party hereto
without its express written consent;
s. Purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold,
improve, use and otherwise deal in and with real or personal property, or any
interest therein, in the name of the PSERN Operator;
t. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise
dispose of all of its real or personal property, or any interest therein, and assets;
u. Sue and be sued, complain and defend, in all courts of competent jurisdiction;
v. Hold licenses for radio frequencies;
AGENDA ITEM #6. c)
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w. Recommend action to the legislative bodies of the Parties and User Agencies;
w. Delegate the Board of Directors' authority under this Agreement subject to any
applicable law and to such limitations and conditions as the Board of Directors
may establish;
x. Enter into agreements with other agencies to accomplish tasks for the PSERN
Operator such as agreements for services such as procurement and property
leasing;
y. Contract for staff through agreements with other agencies that specify the
employment policies, compensations amounts, and supervisory structure that
will apply to such staff;
z. Exercise any powers necessary to further the goals and purposes of this
Agreement that are consistent with the powers of the Parties;
aa. Add parties to this Agreement and concurrently amend the membership of the
Board of Directors, subject to the limitations of Section 15.13;
bb. Take necessary actions to prepare and plan for a public safety radio system(s)
to succeed the PSERN System;
cc. To the extent permitted by law, accept loans or grants of funds from any federal,
state, local or private agencies and receive and distribute funds; and
dd. The PSERN Operator shall have no power to levy taxes.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Board action is moved at a Board of Directors meeting
but fails for lack of a unanimous vote by all four (4) Directors, a voting Director may
submit written notice of an impasse to the other Directors and the Executive
Director. The notice shall include a statement of the action being sought and the
history of any Board deliberation or vote(s) on the matter.
4.5.2 Within seven (7) days of receipt of a notice of impasse, the Board Chair shall
designate a mediator to assist the Board in resolving the impasse. The mediator
shall be experienced in resolving disputes among public sector and/or nonprofit
agencies and may not be an employee or consultant of any of the Parties, unless
otherwise agreed to by the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN System
that any impasse be resolved as quickly as possible and accordingly agree to
instruct their respective Directors to cooperate with the mediator in good faith,
including expediting responses to any mediator requests for information and
discussion.
AGENDA ITEM #6. c)
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4.5.4 The mediator shall promptly investigate the impasse and the respective
positions of the voting Directors. The mediator may recommend one or more non-
binding alternatives for resolving the impasse. Regardless of the outcome of the
mediation, the cost of the mediator’s fees and expenses shall be divided into four
equal parts to be paid by (1) the County, (2) the City, (3) the EPSCA Cities and the
(4) Valley Com Cities. The EPSCA Cities and Valley Com Cities shall each be
responsible for apportioning their one quarter share of the costs among their
members and for informing the PSERN Operator of the apportionment. The
PSERN Operator shall pay the mediator and invoice each Party for its share. Each
Party shall pay the PSERN Operator within thirty (30) days of the Party’s receipt
of the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing
his/her recommendation(s), the Elected Executives Committee (EEC) shall meet
with the Board of Directors to attempt to resolve the impasse. The EEC shall be
composed of the King County Executive; the Mayor of the City of Seattle; one
elected official designated by the EPSCA Cities; and one elected office designated
by the Valley Com Cities. The Board of Directors and the EEC shall convene to
consider the matter and attempt to reach a resolution, which may include re-
submitting the matter for a Board of Directors vote, not later than twenty (20) days
after the date the mediator provided his/her recommendation(s).
5.0 OPERATING BOARD
The Board of Directors will create an Operating Board of PSERN System User Agencies,
which will include at least one fire commissioner as a member, to provide advice and
perform other duties as deemed appropriate by the Board of Directors. The obligation to
create and maintain an Operating Board shall be included in the PSERN Operator’s
articles of incorporation or bylaws.
6.0 EXECUTIVE DIRECTOR
If the Executive Director is directly hired as an employee of the PSERN Operator, the
Board shall be responsible for the appointment and termination of the Executive Director.
If the Board enters into an agreement with another governmental agency to contract for
an Executive Director, the agreement shall give the Board the authority to appoint the
Executive Director and to terminate the Executive Director from his/her position.
The Executive Director shall report to the Board of Directors and shallregularly advise the
Board on matters related to the operation and functions of the PSERN System and the
PSERN Operator, including proposed budgets, financial and liability issues, and all other
appropriate matters related to the PSERN System and the PSERN Operator. The
Executive Director may also request assistance from the Operating Board to address
tasks calling for technical and user-related expertise.
6.1 Executive Director Duties
The Executive Director shall:
AGENDA ITEM #6. c)
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a. Manage the PSERN Operator’s day-to-day activities consistent with applicable
policies, procedures, and standards;
b. Retain appropriate PSERN Operator staff either through the direct hire of such
staff or through an agreement with an agency to provide such staff;
c. Hire, evaluate, supervise, discipline, and terminate staff in compliance with
applicable budget, policies, procedures, agreements and standards;
d. Propose and administer Annual Budgets including a contingency;
e. Consistent with applicable budget and procurement policies adopted by the
Board, approve expenditures and sign contracts in amounts as established by
the Board of Directors without additional approval of the Board of Directors;
f. Track the performance of PSERN systems and Services;
g. Provide support to the Board of Directors;
h. Recommend policies, procedures, and standards, and changes thereto,
including without limitation policies governing the procurement of goods,
services, public works and improvements, staffing and emergency responses;
i. Provide written monthly reports to the Board of Directors describing the PSERN
Operator’s budget status, PSERN System performance against targets, partial
or full PSERN System outages, purchases equal to or greater than $10,000,
and usage statistics;
j. Maintain and manage records in accordance with applicable state and federal
laws and regulations;
k. Prepare an annual report for the PSERN Operator as required by RCW
23.95.255; and
l. Perform other duties as assigned by the Board of Directors.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience or comparable equivalent skills in the
technical, financial and administrative fields of public safety radio and his or her
appointment shall be on the basis of merit only. If the Executive Director is directly hired
by the PSERN Operator, he/she will serve in an “at will” position that may not be modified
by any PSERN Agency policy, rule, or regulation regarding discipline or termination of
PSERN Agency employees, and accordingly, the Executive Director may only be
terminated from his or her position by the Board of Directors.
7.0 EMERGENCY PROCEDURES
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In the case of an emergency, the Executive Director shall have the authority to issue a
determination of emergency under applicable law. The Executive Director shall
communicate to the Board of Directors each decision made pursuant to any emergency
determination as soon as reasonably possible and shall issue a written finding of the
existence of the emergency no later than two weeks following the award of any contract
executed pursuant to the emergency determination.
8.0 PSERN OPERATOR EMPLOYMENT
8.1 Employees Generally
The Board of Directors shall require the PSERN Operator to comply with all applicable
federal, state and local laws, ordinances and regulations pertaining to all current and
future employees. In addition, the PSERN Operator shall be an equal opportunity
employer and make reasonable efforts to maintain a diverse work force.
8.2. Employment of Current Regular Employees
8.2.1 Offer of Employment
8.2.1.1 As of the Effective Date of this Agreement, there are 3.0 FTE City
of Seattle employees and 8.0 FTE King County employees who are
employed to primarily work on KCERCS infrastructure and whose job
duties will be assumed by the PSERN Operator after FSA (“Qualified
Employees”). It is the intention of the Parties that each of those Qualified
Employees have the option of working for the PSERN Operator and that
the PSERN Operator and the County and City of Seattle will work
cooperatively to transition the employees who accept such option to work
for the PSERN Operator on a schedule that does not adversely impact
public safety functions prior to FSA.
8.2.1.2 Directly Hired Employees
If the Board of Directors determines that PSERN Operator staff shall be
directly hired by the PSERN Operator and to implement the intent of
Section 8.2.1., then no later than the date to be set by the Board of
Directors, the PSERN Operator will offer employment to each of the
Qualified Employees for similar employment with the PSERN Operator.
The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the Board of Directors. Each Qualified Employee
who accepts the offer shall become a “Transferring Employee.” The
PSERN Executive Director shall use best efforts to ensure each
Transferring Employee a smooth and prompt transition to employment with
the PSERN Operator.
The Board of Directors shall require the PSERN Operator to use its best
efforts to offer the Transferring Employees opportunities for professional
advancement and a package of employee benefits that are similar to the
AGENDA ITEM #6. c)
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opportunities and benefits available to the Transferring Employees at their
current agency at the time of transition to PSERN employment.
8.2.1.3 Agency-Provided Employees
If the Board of Directors determines that PSERN Operator staff will be
contracted for through an agreement with another governmental agency,
then no later than the date set by the Board of Directors, the agency
providing such staff will offer employment to each of the Qualified
Employees for similar employment with the agency for PSERN Operator
work. The offer shall remain open for no more than thirty (30) days unless
otherwise determined by the agency providing the PSERN Operator staff.
Each Qualified Employee who accepts the offer shall become an “Agency
Employee.” The agency providing PSERN Operator staff shall use best
efforts to ensure each Agency Employee a smooth and prompt transition to
employment with the agency and work for the PSERN Operator.
8.2.2 Retirement Benefits
If the Board of Directors determines that PSERN Operator staff shall be directly
hired, then the PSERN Operator will participate in the Public Employees’
Retirement System (PERS) and will offer PERS retirement benefits through the
Washington State Department of Retirement Systems to Transferring Employees
and Transitional Employees.
8.3 Temporary Employment of PSERN Transitional Employees
8.3.1 Any PSERN Transitional Employee who requests temporary employment
with the PSERN Operator shall be employed as a temporary employee by the
PSERN Operator or if the PSERN Operator does not directly hire its employees,
then by the agency providing staff for the PSERN Operator.. The period of
temporary employment shall not exceed eighteen (18) months from the time of
transition to such employment or a shorter duration if requested by the PSERN
Transitional Employee. The time of transition shall be within 60 days after FSA
unless another date is agreed to by the PSERN Operator and the PSERN
Transitional Employee.
8.3.2 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees shall be entitled to a salary and package
of benefits similar to what the Transitional Employee received prior to his or her
transition to PSERN Operator work. The full cost of compensation, including salary
and benefits, provided to PSERN Transitional Employees shall be paid by the
PSERN Operator, either directly or pursuant to an agreement with another agency
for the provision of staff.
8.3.3 While employed as temporary employees performing work for the PSERN
Operator, PSERN Transitional Employees must meet all employment
requirements applicable to permanent PSERN Operator employees or employees
of the applicable employing agency. Nothing in this Agreement shall preclude the
AGENDA ITEM #6. c)
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PSERN Operator’s or applicable employing agency’s ability to take employment
action, up to and including termination of employment, regarding a PSERN
Transitional Employee who fails to meet any requirement of his/her employment.
8.3.4 Nothing in this section shall preclude the PSERN Operator or an applicable
employing agency from hiring a PSERN Transitional Employee serving as a
temporary employee to a permanent position.
8.4 No Third-Party Beneficiaries.
Employees affected by this Agreement are not intended to be third-party beneficiaries to
this Agreement and cannot sue to enforce its terms.
9.0 Service Level Requirements
9.1 Contractor Services
The PSERN Operator shall ensure the following services are provided by the Contractor
throughout the expected service life of the PSERN System:
(i) technical support;
(ii) infrastructure repair;
(iii) System updates; and
(iv) System upgrades.
9.2 Minimum Performance
The PSERN Operator shall ensure the following minimum performance requirements for
the PSERN System:
(i) DAQ 3.4;
(ii) 97% reliability;
(iii) 97% portable on-street coverage in the Primary Bounded Area;
(iv) 95% portable on-street coverage in the Highway Buffer Covered Areas;
(v) grade of service of 1.0;
(vi) 99.999% availability of backhaul;
(vii) at least 17db added signal above the baseline PSERN design within the
three (3) polygon coverage areas shown in Exhibit B; and
(viii) provide 97% portable on-street coverage with 97% SAR (service area
reliability) in the three (3) polygon coverage areas shown in Exhibit B.
10.0 RESERVED
11.0 WITHDRAWAL AND REMOVAL
11.1 Withdrawal of a Party
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11.1.1 A Party may withdraw from this Agreement effective on the last day of a
calendar year by giving written notice to the Board at least two years prior to the
proposed effective date for withdrawal.
11.1.2 Any Party that has given notice of its intent to withdraw must meet with the
Executive Director or his or her designee to develop a departure plan that is intended
to ensure an orderly separation of the Party from the PSERN Operator in a manner
that is consistent with this Agreement. The departure plan may include the transfer
of funds and equipment or other assets and such plan must be approved by
unanimous vote of the Board of Directors.
11.1.3 Costs of Withdrawal
11.1.3.1 A Party that withdraws shall remain responsible for any obligations
that arose prior to the effective date of the withdrawal and for any that are
specified under Section 15.17 as surviving a withdrawal.
11.1.3.2 As a condition of withdrawal, the withdrawing Party must pay any
direct costs resulting from the withdrawal. The Board of Directors may also
set a different withdrawal date as it deems appropriate; however, the
withdrawal date shall not be later than one year after the withdrawing Party’s
proposed withdrawal date.
11.1.3.3 Any costs or other amounts owed by a withdrawing Party under this
Agreement or any other agreement between the withdrawing Party and the
PSERN Operator shall be paid prior to the effective date of the withdrawal
or, if such amounts are not then known or established, then within thirty (30)
days after the amount is known or established. However, the withdrawing
Party shall not be responsible for amounts not known or established within
one hundred (100) days of the date of withdrawal.
11.1.4 A member of the Board of Directors representing a Party that has given
notice of withdrawal which is effective at a future date, shall be authorized to cast
votes with the Board of Directors only on budgets and other items to be
implemented prior to the withdrawal date unless permission to vote on a matter is
granted by all remaining Board members.
11.1.5 A Party that has given its notice of withdrawal may revoke its notice of
withdrawal by delivering a written notice of such revocation to the Board of
Directors. The Board, in its sole discretion, may by unanimous vote of the
remaining members of the Board, determine to accept or deny the revocation and
under what conditions any acceptance shall be permitted.
11.1.6 If a Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real, personal, or intellectual
property and any rights to participate in the PSERN Operator, unless otherwise
provided by the Board of Directors.
11.2 Removal of a Board Member.
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The Board of Directors may, by majority vote and for cause, remove a Board member
from the Board of Directors and terminate the Board member’s right to participate in
governance of the PSERN Operator. Immediately after the vote removing a Board
member, the Party’s alternate shall become its Board of Directors member. If the Party
has not designated an alternate, the vacancy provisions in Section 4.2.4 shall apply.
Cause for removal may include failure to act in good faith in participating in the Board of
Directors and willful, arbitrary failure to perform the Board member’s obligations as set
forth in this Agreement.
12.0 DISSOLUTION AND TERMINATION
12.1 Three (3) or more Directors may, at any one time, call for a vote on the complete
dissolution of the PSERN Operator and termination of this Agreement. Upon both: (a) the
affirmative vote of a majority of the full Board for dissolution and termination; and (b) the
affirmative vote of a majority of the Parties’ legislative bodies for dissolution and
termination, the Board shall establish a task force to determine how the PSERN System
assets and liabilities will be divided upon such dissolution and termination. For purposes
of this section, each Party shall determine what constitutes an affirmative vote of its
legislative body.
12.2 Approval of the plan for disposition of the PSERN System assets and liabilities (the
“Disposition Plan”) shall require a unanimous affirmative vote of the full Board. If the Board
fails to approve the Disposition Plan within one (1) year of the last legislative body vote
under Section 12.1.b, the Parties shall proceed with the impasse resolution procedures
in Section 4.5.
12.3 Following the approval of the Disposition Plan, the PSERN Operator shall wind up
business in accordance with the Disposition Plan and any other terms set by the Board.
The Board shall set the date for termination of this Agreement by affirmative majority vote
of the full Board.
13.0 LEGAL RELATIONS
13.1 Employees and No Third Party Beneficiaries
13.1.1 Nothing in this Agreement shall make any employee of one Party an
employee of another Party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to Title
51 RCW, or any other rights or privileges accorded by virtue of their employment.
No Party assumes any responsibility for the payment of any compensation, fees,
wages, benefits or taxes to or on behalf of any other Party's employees. No
employees or agents of one Party shall be deemed, or represent themselves to
be, employees of another Party.
13.1.2 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
13.2 Indemnification.
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Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all claims, arising
out of, or in any way resulting from, the indemnifying Party's willful or negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless any other Party if the claim, suit, or action for injuries, death, or damages
is caused by the sole negligence of that other Party. Where such claims, suits, or actions
result from concurrent negligence of two or more Parties, these indemnity provisions shall
be valid and enforceable only to the extent of each Party's own negligence. Each of the
Parties agrees that its obligations under this Section extend to any claim, demand, and/or
cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to each
of the other Parties only, any immunity that would otherwise be available against such
claims under the Industrial Insurance provisions of Title 51 RCW. Any loss or liability
resulting from the negligent acts, errors, or omissions of the Board of Directors, Operating
Board, Executive Director and/or staff, while acting within the scope of their authority
under this Agreement, shall be borne by the PSERN Operator exclusively.
13.3 Insurance
The Board of Directors, Executive Director, and PSERN Operator shall take such steps
as are reasonably practicable to minimize the liability of the Parties, including but not
limited to the utilization of sound business practices. The Board of Directors shall
determine which, if any, insurance policies or self-insurance programs for governmental
entities authorized in the State of Washington may be reasonably and practicably
acquired to cover liability exposures and other potential losses arising from the operations
of the PSERN Operator and the activities of the Parties pursuant to this Agreement (which
may include Directors and Officers, Commercial General Liability, Auto, Workers’
Compensation, Stop Gap/Employer’s Liability, errors and omissions, crime/ fidelity
insurance, CyberRisk, property damage or loss), and shall direct the acquisition of same.
14.0 PUBLIC RECORDS
14.1 The Executive Director shall keep records related to the PSERN System and
PSERN Operator as required by law and in accordance with the policies, procedures and
retention schedules as may be established by the Board of Directors.
14.2 Each Party shall keep records related to the PSERN System and PSERN Operator
as required by law and in accordance with such the policies, procedures and retention
schedules as may be established by the Party, and each Party shall be responsible for
responding to public disclosure requests addressed to it in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be
established by the Party.
14.3 The Executive Director shall be responsible for responding to public disclosure
requests addressed to the PSERN Operator in accordance with the Washington Public
Records Act, Chapter 42.56 RCW, and such procedures as may be established by the
Board of Directors.
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15.0 GENERAL
15.1 RESERVED
15.2 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with
the King County Recorder's Office or, alternatively, listed by subject on a Party's web site
or other electronically retrievable public source.
15.3 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
15.4 Compliance with Laws
During the term of this Agreement, the Parties hereto agree to comply with all federal,
state, and local laws as necessary to carry out the terms of this Agreement. Further, to
the extent that any emergency communication Services involve the retention, security,
confidentiality or other handling of certain “protected” health information under the federal
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its
implementing regulations thereunder by the U.S. Department of Health and Human
Services and other applicable laws including chapter 70.02 RCW, the Washington
Uniform Health Care Information Act, as amended, the Parties agree to comply with such
laws and execute documents as necessary to implement the requirements under such
laws.
15.5 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other Parties
or any one of them shall have the right to bring an action for specific performance,
damages and any other remedies available under this Agreement, at law or in equity.
15.6 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver, excuse, or consent shall be in writing and signed by the Party or
Parties claimed to have waived or consented. If the waiving or consenting Party is the
PSERN Operator, then the writing must be signed by all of the voting members of the
Board of Directors. Waiver of any default of this Agreement shall not be deemed a waiver
of any subsequent default. Waiver of breach of any provision of this Agreement shall not
be deemed to be a waiver of any other or subsequent breach. Waiver of such default and
waiver of such breach shall not be construed to be a modification of the terms of this
Agreement unless stated to be such through written approval of all Parties.
15.7 Parties Not Relieved of Statutory Obligation
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Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that, to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered in
satisfaction of the obligation or responsibility.
15.8 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
15.9 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Board of Directors.
15.10 Merger, Consolidation or Sale of All or Substantially All Assets
Approval of the merger or consolidation of the PSERN Operator with another entity, or
the sale of all or substantially all assets of the PSERN Operator, shall require a unanimous
vote of the Board of Directors.
15.11 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation under Section 4.5. In any event, if the matter is not resolved, then any Party
shall be entitled to pursue any legal remedy available.
15.12 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the Parties
declare and represent that no promise, inducement, or other agreement not expressly
contained in this Agreement has been made conferring any benefit upon them.
15.13 Amendments
15.13.1 Except as provided in this Section, the Agreement may be amended by the
Board of Directors from time to time in order to carry out the corporate purposes of
the PSERN Operator. Any such modification shall be in writing and executed by the
Chair of the Board of Directors after providing not less than thirty (30) days’ advance
written notice to all Parties of such proposed modification, and upon unanimous
approval of the Board of Directors. However, the following terms of this Agreement
may only be amended in writing after approval of each of the legislative bodies of
Seattle, King County, EPSCA, and Valley Com; however, for purposes of this
legislative determination, EPSCA and Valley Com will each be responsible to
AGENDA ITEM #6. c)
Page 21
determine what constitutes legislative approval or disapproval from their member
cities, before tendering their single vote on amendment:
a. Expansion of the PSERN Operator’s scope of services or Party funding
obligations described in Section 3.0.
b. The composition of the Board of Directors.
c. Addition of new Parties.
d. Voting rights of members of the Board of Directors.
e. Powers of the Board of Directors.
f. Hold harmless and indemnification requirements.
g. Provisions regarding duration, dissolution, termination or withdrawal.
h. The conditions of this Section.
15.13.2 Nothing in this Section 15.13 shall be construed to require legislative
authority consent for the agreement to serve an additional User Agency.
15.14 Notices
15.14.1 Any notice under this Agreement shall be in writing and shall be addressed
to the Parties as listed below. Any notice may be given by certified mail, courier
delivery, or personal delivery. Notice is deemed given when delivered. Email,
acknowledgement requested, may be used for notice that does not allege a breach
or dispute under this Agreement. Email notice is deemed given when the recipient
acknowledges receipt.
15.14.2 The names and contact information set forth in this Agreement shall apply
until amended in writing by a Party providing new contact information to each other
Party and the date the amendment is effective.
15.15 Conflicts
15.15.1 In the event that any conflict exists between this Agreement and any
exhibits hereto, the Agreement shall control.
15.15.2 In the event of a conflict between any provision of this Agreement and a
provision of the Implementation Period ILA, the Implementation Period ILA shall
control unless otherwise determined by the Board of Directors pursuant to vote
under Section 4.3.1.
15.16 Choice of Law; Venue
This Agreement and any rights, remedies, and/or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
AGENDA ITEM #6. c)
Page 22
15.17 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
15.18 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 13 Legal Relations
Section 14 Public Records
Section 15.16 Choice of Law; Venue
15.19 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
15.20 Execution
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
AGENDA ITEM #6. c)
Page 23
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________ ________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
________________________________ ________________________________
AGENDA ITEM #6. c)
Page 24
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
AGENDA ITEM #6. c)
Page 25
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
AGENDA ITEM #6. c)
Page 26
Exhibit A
Cost Allocation Model
For the first year of PSERN System operation, rates to be paid by each User Agency and
Dispatch Center will be computed as provided in this Exhibit A. The PSERN System annual
operating budget and the number of public safety radios, other radios, and consoles will be
known quantities at the time the rates are computed.
Division of Budget Between Radios and Consoles
Percentage of annual budget to be paid with radio user fees = X.
Percentage of annual budget to be paid with console user fees = Y.
X = [83% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for radio-related equipment] / PSERN System annual operating budget
x 100.
Y = [17% of employee-related costs in the PSERN System annual operating budget +
annual vendor costs for console-related equipment] / PSERN System annual operating
budget x 100.
Public Safety and Other Radio Rates
X% of the PSERN System annual operating budget will be paid with public safety radio rates
and other radio rates combined.
The other radio rate shall be 78% of the public safety radio rate.
X% of PSERN System annual operating budget = [12 x the monthly public safety radio rate
x the number of public safety radios] + [12 x the monthly other radio rate x the number of
other radios].
Console Rates
Y% of the PSERN System annual operating budget will be paid with console rates.
Y% of PSERN System annual operating budget = 12 x the monthly console rate x the
number of consoles.
END OF EXHIBIT A.
AGENDA ITEM #6. c)
Page 27
Exhibit B
Polygon Coverage Areas with Added Signal
AGENDA ITEM #6. c)
RESOLUTION NO. ________
5
EXHIBIT “B”
Memorandum of Understanding Between the Cities
of Auburn, Federal Way, Kent, Renton, and Tukwila
Designating Oversight of Shared Voting Authority on
PSERN Operator Board of Directors
AGENDA ITEM #6. c)
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into among the cities of
Auburn, Federal Way, Kent, Renton, and Tukwila, the five member cities that formed
Valley Communications Center, a Governmental Administrative Agency created by
interlocal agreement under Chapter 39.34 RCW (Valley Com).
RECITALS
A. Valley Com is responsible for the ownership, operation and maintenance of
various elements in the current King County Emergency Radio Communications System
(KCERCS), a voice radio system that has been in existence since 1993 and is
increasingly unsupported by the supplier of the system’s equipment, software, and related
repairs.
B. Valley Com, King County, the city of Seattle, and the Eastside Public Safety
Communications Agency (EPSCA) determined that it is in the public interest to implement
a new public safety radio system, the Puget Sound Emergency Radio Network (PSERN),
that will provide public safety agencies and other user groups in the region with improved
coverage and capacity, as well as uniformly high-quality emergency radio
communications.
C. The costs of implementing the PSERN system are financed through a funding
measure approved by voters at the April 2015 election, and the above-mentioned parties
then executed a separate implementation agreement (“Implementation Period ILA”) that
designated King County to be the lead agency to plan, procure, finance, and implement
the PSERN system with the oversight of a joint board established pursuant to the
Implementation Period ILA. Valley Com’s Executive Director has represented the Valley
Com member cities on this joint board, reporting back to the Valley Com Administration
Board, which is comprised of the five mayors from Valley Com’s member cities.
D. The Implementation Period ILA contemplates creation of a new separate
governmental agency under RCW 39.34.030(3)(b) that is organized through an interlocal
agreement as a non-profit corporation under the Interlocal Cooperation Act (Operator
ILA). Once formed, this agency will assume the ownership and control of PSERN during
its useful life. Just as with the Implementation Period ILA, the Operator ILA will be subject
to oversight by a Board of Directors, comprised of one representative each from King
County, Seattle, the Valley Com member cities, and the EPSCA member cities.
E. Under the Operator ILA, Section 4.2.1.4, the Valley Com member cities’
representative will be selected from one mayor or city manager or his/her designee
representing the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. The Operator
ILA also provides that the Valley Com member cities retain the right to determine who will
represent them on the PSERN Board of Directors. The purpose of this MOU is to
designate the manner in which the five Valley Com member cities will select its
representative.
AGENDA ITEM #6. c)
2
NOW, THEREFORE, the Valley Com member cities agree to the above Recitals
and the following:
AGREEMENT
1. The five Valley Com member cities authorize the Valley Com Administration
Board to select their representative on the PSERN Board of Directors at the times and
within the constraints established in the Operator ILA. To be eligible to represent the
Valley Com member cities, the selected representative must be a mayor from one of the
member cities. It is understood, but not required, that the Valley Com Executive Director
may act as the representative’s designee on a full-time or an occasional basis, or the
representative may select any other alternate or designee when needed, as provided in
the Operator ILA.
2. Selection of the Valley Com member cities’ representative for the PSERN Board
of Directors shall be only by supermajority vote of the full Valley Com Administration
Board. The regular term of the selected representative shall be two year(s) commencing
on January 1 of even numbered years and ending December 31 of odd numbered years.
3. The Valley Com member cities’ representative on the PSERN Board of Directors
and his/her designee, will comply with all the rights, obligations, and limitations provided
to PSERN Board members through the Operator ILA and this MOU.
4. The Valley Com member cities’ representative on the PSERN Board of
Directors must, at each regular Valley Com Administration Board meeting, report to the
Administration Board on PSERN’s current operational status. The Valley Com member
cities’ representative must, whenever possible and practical, brief the Valley Com
Administration Board on issues the representative determines to be material before voting
on those matters as a PSERN System Board member.
5. Before voting on any PSERN matter that (a) materially expands the scope of
the PSERN system, (b) that materially increases the operational cost of the PSERN
System, (c) or that materially amends the Operator ILA, the Valley Com member cities’
representative on the PSERN System Board of Directors must brief the Valley Com
Administration Board for direction and must vote as a PSERN Board member in
accordance with that direction, which must be provided by at least a majority vote of the
full Valley Com Administration Board.
6. Notwithstanding the preceding Paragraph 5, the Valley Com member cities’
representative, or designee, shall not vote to amend the Operator ILA on matters requiring
legislative approval under Section 15.13.1 of the Operator ILA without affirmative
authority from each cities’ governing body.
6. This MOU will terminate upon the earlier of the expiration or termination of the
separate non-profit governmental agency formed under the Interlocal Cooperation Act
AGENDA ITEM #6. c)
3
through the Operator ILA or a Valley Com member city’s withdrawal from Valley Com,
unless terminated earlier by unanimous agreement from the five Valley Com member
cities.
7. This MOU will take effect on the last date signed below.
IN WITNESS, the authorized representatives of the Valley Com member cities have
signed their names and indicated the date of signing in the spaces provided below.
CITY OF AUBURN CITY OF FEDERAL WAY
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF KENT CITY OF RENTON
________________________________ ________________________________
Name ___________________________ Name ___________________________
Title ____________________________ Title ____________________________
Date ____________________________ Date ____________________________
Attest: Attest:
________________________________ ________________________________
AGENDA ITEM #6. c)
4
City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________
City Attorney City Attorney
CITY OF TUKWILA
________________________________
Name ___________________________
Title ____________________________
Date ____________________________
Attest:
________________________________
City Clerk
Approved as to Form:
________________________________
City Attorney
AGENDA ITEM #6. c)
AB - 2638
City Council Regular Meeting - 04 May 2020
SUBJECT/TITLE: Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY
2018 Local Solicitation
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Police Department
STAFF CONTACT: Kevin Keyes, Deputy Chief
EXT.: 7597
FISCAL IMPACT SUMMARY:
The Renton Police Department has been awarded a total of $30,158 to be used through September 20, 2021
SUMMARY OF ACTION:
The City of Renton Police Department has applied for and been awarded the 2018 Edward Byrne Memorial
Justice Assistance Grant. The grant requires no contributing funds for eligibility. It does require that the
application, in its entirety, be made available to the Mayor and City Council for their review and comments.
This is the fifteenth year that the City of Renton has applied for this grant and successfully received the funds.
The grant will assist with domestic violence services and training, sexual assault training, technology supplies,
peer to peer training and overtime for the victim advocate for the Renton Police Department. This agency has
a history of ensuring members of the organization receive the best possible training. However, since trainin g
can be costly, officers who attend outside training are required to bring this information back to their
respective workgroups. Additionally, any new tactics or techniques for investigating a crime are put into
department wide training and regularly implemented department wide. This is the best way to maximize the
use of this training money, essentially more than tripling its effectiveness.
The domestic violence victim advocate will be funded for additional overtime during major domestic violence
cases or for detailed work on specific cases or projects. Funds will also be utilized for our Peer to Peer support
team to encourage and enhance the communication and well being of the officers and employees within the
department. Technology is continuing to change at a rapid rate and the software and programs need to be
updated and purchased to assist in holding suspects accountable. Equipment funds will primarily be used for
technological advances for the department. The added advantage here is that the Renton Police Department
is utilizing its new expertise in attempting to locate, identify, and investigate suspects, and have the needed
information in a timely manner.
To keep our deputy chiefs and chief updated on the current happenings of the department a nd investigations
it is important that they have much needed surfaces and equipment to remain connected to the employees
and other city officials.
EXHIBITS:
A. Agreement
B. MOU
AGENDA ITEM #6. d)
STAFF RECOMMENDATION:
Authorize the Mayor to sign the Edward Byrne Memo rial Justice Assistance Grant (JAG) Program FY 2018 Local
Solicitation
AGENDA ITEM #6. d)
pg. 1
City of Renton
1.5 #20-00464
Memorandum of Understanding -Contract
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2018 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Faye Landskov
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
and
City of Renton, hereinafter referred to as “Subrecipient”
JAG Grant Manager: Deputy Chief Kevin Keyes
1055 Grady Way
Renton, WA 98057
AGENDA ITEM #6. d)
pg. 2
City of Renton
1.5 #20-00464
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
City of Renton City of Seattle
Armondo Pavone, Mayor Date Mark R. Baird, Chief Operating Officer
Seattle Police Department
Date: ________________________
Jason Seth, City Clerk Date
Shane Maloney, City Attorney Date
Authorized by:Edward Byrne Memorial Justice Assistance Grant (JAG) Program
WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from
multi-jurisdictional drug and gang task forces to crime prevention and domestic
violence programs, courts, corrections, treatment, and justice information sharing
initiatives; and
WHEREAS, the United States Congress authorized $681,367 in the Justice Assistance Grant
(JAG) Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award
with a single, joint application; and
WHEREAS, the City of Seattle (“City”), as the identified Fiscal Agent, had DOJ submit the
joint application to the Bureau of Justice Assistance on Aug 22, 2018 to request JAG
Program funds; and
WHEREAS, based on the City’s successful application, the Bureau of Justice Assistance has
awarded $681,367 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal
Agent for this award, is to distribute grant funds to co-applicants, the City intends to
transfer some of the JAG funds it receives to those co-applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
AGENDA ITEM #6. d)
pg. 3
City of Renton
1.5 #20-00464
WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will
assume responsibility for any program costs funded by JAG once JAG funds are
spent;
NOW THEREFORE, the parties hereto agree as follows:
This Interagency Agreement contains seven Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed, until
September 30, 2021 unless terminated earlier pursuant to the provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated
purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.)
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary
provider of federal criminal justice funding to state and local jurisdictions. The JAG
Program provides states and units of local governments with critical funding necessary to
support a range of program areas including law enforcement; prosecution and court
programs; prevention and education programs; corrections and community corrections;
drug treatment and enforcement; crime victim and witness initiatives; and planning,
evaluation, and technology improvement programs.
ARTICLE III: SPECIAL CONDITIONS
1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau
of Justice Assistance solely for the purpose of furthering the stated objectives of the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall
use the funds to perform tasks as described in the Scope of Work portion of this
Agreement.
2. The Subrecipient acknowledges that because this Agreement involves federal funding,
the period of performance described herein will likely begin prior to the City’s receipt
of appropriated federal funds. The Subrecipient agrees that it will not hold the City or
the Department of Justice liable for any damages, claim for reimbursement, or any type
of payment whatsoever for services performed under this Agreement prior to the City’s
receipt and distribution of federal funds. In the event that the Department of Justice
requires the City to repay awarded funds for failure to comply with Special Conditions
41-47 listed in Attachment A, the Subrecipient will repay the City any funds it received
under this Agreement that the City is required to repay to the federal government.
Subrecipient further acknowledges and agrees that the City may reject federal funds if it
is required to comply with Special Conditions 41-47 as a prerequisite for receiving
these funds. Subrecipient will not pursue the City for such funds but may be able to
pursue the federal government.
AGENDA ITEM #6. d)
pg. 4
City of Renton
1.5 #20-00464
3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY
2018 Justice Assistance Grant Program Award # 2018-DJ-BX-0200. All federal financial
and grant management rules and regulations must be adhered to in the execution of
this contract. Exhibit Attachment A is a copy of the federal award documents. All
special conditions stated in the award documents apply to the execution of this
contract. All Subrecipients are assumed to have read, understood, and accepted the
Award as binding.
4. The Subrecipient acknowledges that all allocations and use of funds under this
agreement will be in accordance with the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program: FY 2018 Local Solicitation. Allocation and use of grant funding
must be coordinated with the goals and objectives included in the Local Solicitation. All
Subrecipients are assumed to have read, understood, and accepted the Local
Solicitation as binding.
5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with
the Central Contractor Registration (CCR) database no later than the due date of the
Subrecipient’s first quarterly report after a subaward is made.
6. The Subrecipient shall comply with all applicable laws, regulations, and program
guidance. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of
Justice (DOJ) in 2 C.F.R Part 2800 (together, the “Part 200 Uniform Requirements”)
apply to this 2017 award from the Office of Justice Programs (OJP).
7. The Subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
a. Non-Federal entities that expend $750,000 or more in one fiscal year in Federal
awards shall have a single or program-specific audit conducted for that year in
accordance with the Office of Management and Budget (OMB) Circular A-133-
Audits of States, Local Governments, and non-Profit Organizations. Non-federal
entities that spend less than $750,000 a year in federal awards are exempt from
federal audit requirements for that year, except as noted in Circular No. A-133, but
records must be available for review or audit by appropriate officials of the
Federal agency, pass-through entity, and General Accounting Office (GAO).
b. Subrecipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in the
Government Auditing Standards (the Revised Yellow Book) developed by the
Comptroller General and the OMB Compliance Supplement. The Subrecipient has
the responsibility of notifying the Washington State Auditor’s Office and
requesting an audit.
c. The Subrecipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub-recipients also maintain
auditable records.
AGENDA ITEM #6. d)
pg. 5
City of Renton
1.5 #20-00464
d. The Subrecipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included with
the audit report submitted to the Seattle Police Department. The Subrecipient
must respond to requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The City reserves the right
to recover from the Subrecipient all disallowed costs resulting from the audit.
e. If applicable, once any single audit has been completed, the Subrecipient must
send a full copy of the audit to the City and a letter stating there were no findings,
or if there were findings, the letter should provide a list of the findings. The
Subrecipient must send the audit and the letter no later than nine months after the
end of the Subrecipient’s fiscal year(s) to:
Faye Landskov, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
f. In addition to sending a copy of the audit, the Subrecipient must include a
corrective action plan for any audit findings and a copy of the management letter if
one was received. The Subrecipient shall include the above audit requirements in
any subcontracts.
g. The Subrecipient agrees to cooperate with any assessments, national evaluation
efforts, or information or data collection requirements, including, but not limited
to, the provision of any information required for assessment or evaluation of
activities within this agreement, and for compliance BJA reporting requirements.
h. Suspension and Debarment: The Subrecipient certifies that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in transactions by any
Federal department or agency. By signing and submitting this Agreement, the
Subrecipient is providing the signed certification set out below. The certification
this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into.
If it is later determined that the Subrecipient rendered an erroneous certification,
the Federal Government and City may pursue available remedies, including
termination and/or debarment. The Subrecipient shall provide immediate written
notice to the City if at any time the Subrecipient learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
AGENDA ITEM #6. d)
pg. 6
City of Renton
1.5 #20-00464
The Subrecipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
The Subrecipient shall include the requirement in this section in any subcontracts.
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is
as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is
attached to and made part of this agreement.
The work shall, at all times, be subject to the City’s general review and approval. The
Subrecipient shall confer with the City periodically during the progress of the Work, and
shall prepare and present such information and materials (e.g. a detailed outline of
completed work) as may be pertinent, necessary, or requested by the City or BJA to
determine the adequacy of the Work or Subrecipient’s progress.
ARTICLE V: PAYMENT
1. Compensation
The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this
Agreement cannot exceed $30,158.
The Subrecipient shall incur authorized allowable expenses in accordance with the
Project Budget, as detailed in Attachment B.
The Subrecipient may request additional reimbursement up to the amount of interest
accrued on their portion of the grant award. The City will provide quarterly statements
to the Subrecipient, once the interest balance accrued equals at least $1,000.
Reimbursements will not be made for interest accrued that is less than $1,000.
Reimbursements can be requested, up to the total amount of interest accrued, after the
initial quarterly statement has been sent, to perform tasks in accordance with the
Project Budget, as detailed in Attachment B.
No travel or subsistence costs, including lodging and meals, reimbursed with federal
funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov.
2. Manner of Payment
The Subrecipient shall submit reimbursement requests not more than monthly, and at
least quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work
was performed. Reimbursement request forms are provided. Substitute forms are
acceptable.
With each reimbursement request, the Subrecipient shall submit:
AGENDA ITEM #6. d)
pg. 7
City of Renton
1.5 #20-00464
Detailed spreadsheet of expenditures by task and related financial documents
(timesheets, invoices)
These documents and invoices must be kept on file by the Subrecipient and be made
available upon request by the City or to state or federal auditors, for at least six
years after the closure of the grant.
Reimbursement will not be processed without accompanying documentation for the
corresponding costs. Once the above conditions are met, payment shall be made by the
City to the Subrecipient.
Submit invoicing to Submit Documentation to
Fiscal Accounts Payable
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
SPDAP@seattle.gov
Faye Landskov, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
Article VI. COOPERATION IN MONITORING AND EVALUATION.
1. SPD Responsibilities:
SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the
conduct of Approved Services performed under this Agreement. SPD has the
responsibility to determine whether Subrecipient has spent funds in accordance with
applicable laws, regulations, including the federal audit requirements and agreements
and shall monitor the activities of Subrecipient to ensure that Subrecipient has met
such requirements. SPD may require Subrecipient to take corrective action if
deficiencies are found. SPD will not monitor Subrecipient’s adherence to Special
Conditions 41-47 in the Grant Award and Special Conditions documents.
2. Subrecipient Responsibilities.
a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation, funding sources guidelines or by the terms and conditions of the
applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest
extent possible, the cooperation of its agents, employees and board members in
such monitoring and evaluation efforts. This provision shall survive the expiration
or termination of this Agreement.
b. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of SPD, DOJ, the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of its agents,
AGENDA ITEM #6. d)
pg. 8
City of Renton
1.5 #20-00464
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, by mutual agreement.
AGENDA ITEM #6. d)
AB - 2639
City Council Regular Meeting - 04 May 2020
SUBJECT/TITLE: Edward Byrne Memorial Justice Assistance Grant (JAG) Program
FY2019 Local Solicitation
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Police Department
STAFF CONTACT: Kevin Keyes, Deputy Chief
EXT.: 7597
FISCAL IMPACT SUMMARY:
The Renton Police Department has been awarded a total of $34,341 to be used through September 30, 2022
SUMMARY OF ACTION:
The City of Renton Police Department has applied for, and been awarded, the 2019 Edward Byrne Memorial
Justice Assistance Grant. The grant requires no contributing funds for eligibility. It does require that the
application, in its entirety, be made available to the Mayor and City Council for their review and comments.
This is the sixteenth year that the City of Renton has applied for this grant and successfully received the funds.
The grant will assist with domestic violence services and training, sexual assault training, technology supplies,
peer-to-peer training, and overtime for the victim advocate for the Renton Police Department. This agency has
a history of ensuring members of the organization receive the best possible training. However, since training
can be costly, officers who attend outside training are required to bring this information back to their
respective workgroups. Additionally, any new tactics or techniques for investigating a crime are put into
department wide training and regularly implemented department wide. This is the best way to maximize the
use of this training money, essentially more than tripling its effectiveness.
Technology is continuing to change at a rapid rate and the software and programs need to be updated and
purchased to assist in holding suspects accountable. Equipment funds will primarily be used for technological
advances for the department. The Callyo Silver Package Pro, along with the laptop, will assist law enforcement
in investigations and prosecution. The added advantage here is that the Renton Police Department is utilizing
its new expertise in attempting to locate, identify, and investigate suspects, and have the needed information
in a timely manner. The domestic violence victim advocate will be funded for additional overtime during major
domestic violence cases or for detailed work on specific cases or projects. Funds will also be utilized for our
Peer-to-Peer support team to encourage and enhance the communication and well being of the officers and
employees within the department.
This grant will also allow the Renton Police Department to purchase additional AED’s for first responders,
along with the Air Science P5-36XT unit and filter to detect the dangerous drug fentanyl as well as other drugs.
This equipment it will assist in eliminating exposure to the officer.
EXHIBITS:
A. Agreement
AGENDA ITEM #6. e)
B. MOU
STAFF RECOMMENDATION:
Authorize the Mayor to sign the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2019 Local
Solicitation
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 1
Memorandum of Understanding -Contract
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2019 Local Solicitation
Executed by
City of Seattle
Department Authorized Representative: Faye Landskov
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
and
City of Renton, hereinafter referred to as “Subrecipient”
JAG Grant Manager: Deputy Chief Kevin Keyes
1055 Grady Way
Renton, WA 98057
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 2
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
City of Renton City of Seattle
Armondo Pavone, Mayor Date Mark R. Baird, Chief Operating Officer
Seattle Police Department
Date: ________________________
Jason Seth, City Clerk Date
Shane Maloney, City Attorney Date
Authorized by:Edward Byrne Memorial Justice Assistance Grant (JAG) Program
WHEREAS, the Justice Assistance Grant (JAG) Program is the primary provider of federal
criminal justice funding to state and local jurisdictions; and
WHEREAS, the JAG Program supports all components of the criminal justice system, from
multi-jurisdictional drug and gang task forces to crime prevention and domestic
violence programs, courts, corrections, treatment, and justice information sharing
initiatives; and
WHEREAS, the United States Congress authorized $672,410 in the Justice Assistance Grant
(JAG) Program for jurisdictions in King County; and
WHEREAS, 11 jurisdictions in King County were required to apply for a JAG Program award
with a single, joint application; and
WHEREAS, the City of Seattle (“City”), as the identified Fiscal Agent, had DOJ submit the
joint application to the Bureau of Justice Assistance on Aug 22, 2019 to request JAG
Program funds; and
WHEREAS, based on the City’s successful application, the Bureau of Justice Assistance has
awarded $672,410 to the City from these JAG Program funds; and
WHEREAS, pursuant to the terms of the grant whereby the City, as the identified Fiscal
Agent for this award, is to distribute grant funds to co-applicants, the City intends to
transfer some of the JAG funds it receives to those co-applicants; and
WHEREAS, the City is not obligated to continue or maintain grant funding levels for the JAG
Program once grant funds have lapsed; and
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 3
WHEREAS, Subrecipients of JAG funds from the City should not anticipate the City will
assume responsibility for any program costs funded by JAG once JAG funds are
spent;
NOW THEREFORE, the parties hereto agree as follows:
This Interagency Agreement contains seven Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect from the date it is executed, until
September 30, 2022 unless terminated earlier pursuant to the provisions hereof.
ARTICLE II: DESCRIPTION OF SERVICES
The services to be performed under this Agreement shall be conducted for the stated
purposes of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a.)
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary
provider of federal criminal justice funding to state and local jurisdictions. The JAG
Program provides states and units of local governments with critical funding necessary to
support a range of program areas including law enforcement; prosecution and court
programs; prevention and education programs; corrections and community corrections;
drug treatment and enforcement; crime victim and witness initiatives; and planning,
evaluation, and technology improvement programs.
ARTICLE III: SPECIAL CONDITIONS
1. Funds are provided by the U.S. Department of Justice, Office of Justice Programs, Bureau
of Justice Assistance solely for the purpose of furthering the stated objectives of the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The Subrecipient shall
use the funds to perform tasks as described in the Scope of Work portion of this
Agreement.
2. The Subrecipient acknowledges that because this Agreement involves federal funding,
the period of performance described herein will likely begin prior to the City’s receipt
of appropriated federal funds. The Subrecipient agrees that it will not hold the City or
the Department of Justice liable for any damages, claim for reimbursement, or any type
of payment whatsoever for services performed under this Agreement prior to the City’s
receipt and distribution of federal funds. In the event that the Department of Justice
requires the City to repay awarded funds for failure to comply with Special Conditions
31 -41 listed in Attachment A, the Subrecipient will repay the City any funds it received
under this Agreement that the City is required to repay to the federal government.
Subrecipient further acknowledges and agrees that the City may reject federal funds if it
is required to comply with Special Conditions 41-47 as a prerequisite for receiving
these funds. Subrecipient will not pursue the City for such funds but may be able to
pursue the federal government.
3. This contract is funded with federal grant funds under CFDA 16.738. The grant is FY
2019 Justice Assistance Grant Program Award # 2019-DJ-BX-0906. All federal financial
and grant management rules and regulations must be adhered to in the execution of
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 4
this contract. Exhibit Attachment A is a copy of the federal award documents. All
special conditions stated in the award documents apply to the execution of this
contract. All Subrecipients are assumed to have read, understood, and accepted the
Award as binding.
4. The Subrecipient acknowledges that all allocations and use of funds under this
agreement will be in accordance with the Edward Byrne Memorial Justice Assistance
Grant (JAG) Program: FY 2019 Local Solicitation. Allocation and use of grant funding
must be coordinated with the goals and objectives included in the Local Solicitation. All
Subrecipients are assumed to have read, understood, and accepted the Local
Solicitation as binding.
5. Subrecipient agrees to obtain a valid DUNS profile and create an active registration with
the Central Contractor Registration (CCR) database no later than the due date of the
Subrecipient’s first quarterly report after a subaward is made.
6. The Subrecipient shall comply with all applicable laws, regulations, and program
guidance. The Uniform Administrative Requirements, Cost Principles, and Audit
Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of
Justice (DOJ) in 2 C.F.R Part 2800 (together, the “Part 200 Uniform Requirements”)
apply to this 2017 award from the Office of Justice Programs (OJP).
7. The Subrecipient must comply with the most recent version of the Administrative
Requirements, Cost Principals, and Audit Requirements.
a. Non-Federal entities that expend $750,000 or more in one fiscal year in Federal
awards shall have a single or program-specific audit conducted for that year in
accordance with the Office of Management and Budget (OMB) Circular A-133-
Audits of States, Local Governments, and non-Profit Organizations. Non-federal
entities that spend less than $750,000 a year in federal awards are exempt from
federal audit requirements for that year, except as noted in Circular No. A-133, but
records must be available for review or audit by appropriate officials of the
Federal agency, pass-through entity, and General Accounting Office (GAO).
b. Subrecipients required to have an audit must ensure the audit is performed in
accordance with Generally Accepted Auditing Standards (GAAS), as found in the
Government Auditing Standards (the Revised Yellow Book) developed by the
Comptroller General and the OMB Compliance Supplement. The Subrecipient has
the responsibility of notifying the Washington State Auditor’s Office and
requesting an audit.
c. The Subrecipient shall maintain auditable records and accounts so as to facilitate
the audit requirement and shall ensure that any sub-recipients also maintain
auditable records.
d. The Subrecipient is responsible for any audit exceptions incurred by its own
organization or that of its subcontractors. Responses to any unresolved
management findings and disallowed or questioned costs shall be included with
the audit report submitted to the Seattle Police Department. The Subrecipient
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 5
must respond to requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The City reserves the right
to recover from the Subrecipient all disallowed costs resulting from the audit.
e. If applicable, once any single audit has been completed, the Subrecipient must
send a full copy of the audit to the City and a letter stating there were no findings,
or if there were findings, the letter should provide a list of the findings. The
Subrecipient must send the audit and the letter no later than nine months after the
end of the Subrecipient’s fiscal year(s) to:
Faye Landskov, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
f. In addition to sending a copy of the audit, the Subrecipient must include a
corrective action plan for any audit findings and a copy of the management letter if
one was received. The Subrecipient shall include the above audit requirements in
any subcontracts.
g. The Subrecipient agrees to cooperate with any assessments, national evaluation
efforts, or information or data collection requirements, including, but not limited
to, the provision of any information required for assessment or evaluation of
activities within this agreement, and for compliance BJA reporting requirements.
h. Suspension and Debarment: The Subrecipient certifies that neither it nor its
principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in transactions by any
Federal department or agency. By signing and submitting this Agreement, the
Subrecipient is providing the signed certification set out below. The certification
this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into.
If it is later determined that the Subrecipient rendered an erroneous certification,
the Federal Government and City may pursue available remedies, including
termination and/or debarment. The Subrecipient shall provide immediate written
notice to the City if at any time the Subrecipient learns that its certification was
erroneous when submitted or has become erroneous by reason of changed
circumstances.
The Subrecipient agrees by signing this Agreement that it shall not enter into any
covered transaction with a person or subcontractor who is debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized in writing by the City.
The Subrecipient shall include the requirement in this section in any subcontracts.
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 6
ARTICLE IV: SCOPE OF WORK
The Scope of Work of this Agreement and the time schedule for completion of such work is
as described in Attachment B: JAG Budget Worksheet, as approved by BJA. Attachment B is
attached to and made part of this agreement.
The work shall, at all times, be subject to the City’s general review and approval. The
Subrecipient shall confer with the City periodically during the progress of the Work, and
shall prepare and present such information and materials (e.g. a detailed outline of
completed work) as may be pertinent, necessary, or requested by the City or BJA to
determine the adequacy of the Work or Subrecipient’s progress.
ARTICLE V: PAYMENT
1. Compensation
The Subrecipient shall be reimbursed on an actual cost basis. Compensation under this
Agreement cannot exceed $34,341.
The Subrecipient shall incur authorized allowable expenses in accordance with the
Project Budget, as detailed in Attachment B.
The Subrecipient may request additional reimbursement up to the amount of interest
accrued on their portion of the grant award. The City will provide quarterly statements
to the Subrecipient, once the interest balance accrued equals at least $1,000.
Reimbursements will not be made for interest accrued that is less than $1,000.
Reimbursements can be requested, up to the total amount of interest accrued, after the
initial quarterly statement has been sent, to perform tasks in accordance with the
Project Budget, as detailed in Attachment B.
No travel or subsistence costs, including lodging and meals, reimbursed with federal
funds may exceed federal maximum rates, which can be found at: http://www.gsa.gov.
2. Manner of Payment
The Subrecipient shall submit reimbursement requests not more than monthly, and at
least quarterly. After the first quarter, monthly submission is preferred.
Requests are due no later than 30 days after the end of the period in which the work
was performed. Reimbursement request forms are provided. Substitute forms are
acceptable.
With each reimbursement request, the Subrecipient shall submit:
Detailed spreadsheet of expenditures by task and related financial documents
(timesheets, invoices)
These documents and invoices must be kept on file by the Subrecipient and be made
available upon request by the City or to state or federal auditors, for at least six
years after the closure of the grant.
AGENDA ITEM #6. e)
City of Renton 1.5 #20-00583
Page | 7
Reimbursement will not be processed without accompanying documentation for the
corresponding costs. Once the above conditions are met, payment shall be made by the
City to the Subrecipient.
Submit invoicing to Submit Documentation to
Fiscal Accounts Payable
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
SPDAP@seattle.gov
Faye Landskov, JAG Program Manager
Seattle Police Department
610 5th Avenue
PO Box 34986
Seattle, WA 98124-4986
206-733-9163
Article VI. COOPERATION IN MONITORING AND EVALUATION.
1. SPD Responsibilities:
SPD shall monitor, evaluate and provide guidance and direction to Subrecipient in the
conduct of Approved Services performed under this Agreement. SPD has the
responsibility to determine whether Subrecipient has spent funds in accordance with
applicable laws, regulations, including the federal audit requirements and agreements
and shall monitor the activities of Subrecipient to ensure that Subrecipient has met
such requirements. SPD may require Subrecipient to take corrective action if
deficiencies are found. SPD will not monitor Subrecipient’s adherence to Special
Conditions 31 -41 in the Grant Award and Special Conditions documents.
2. Subrecipient Responsibilities.
a. Subrecipient shall permit SPD to carry out monitoring and evaluation activities,
including any performance measurement system required by applicable law,
regulation, funding sources guidelines or by the terms and conditions of the
applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest
extent possible, the cooperation of its agents, employees and board members in
such monitoring and evaluation efforts. This provision shall survive the expiration
or termination of this Agreement.
b. Subrecipient shall cooperate fully with any reviews or audits of the activities under
this Agreement by authorized representatives of SPD, DOJ, the U.S. Government
Accountability Office or the Comptroller General of the United States and
Subrecipient agrees to ensure to the extent possible the cooperation of its agents,
employees and board members in any such reviews and audits. This provision shall
survive the expiration or termination of this Agreement.
ARTICLE VII: AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in writing
and signed by authorized representatives of the parties hereto. The parties hereto
expressly reserve the right to modify this Agreement, by mutual agreement.
AGENDA ITEM #6. e)
Memorandum of Understanding
FY2019 Edward Byrne Memorial Justice Assistance Grant
Revised 3/2020
This Memorandum of Understanding (MOU)outlines the responsibilities and protocolsforparticipatingjurisdictionspertainingtotheFY2019EdwardByrneMemorialJusticeAssistanceGrant.
I.ParticipatingJurisdictions
The participatingjurisdictions,relevant to this MOU,in the Edward Byrne MemorialJusticeAssistanceGrantare:
0 City of Auburn
City of Bellevue declined
City of Burien—declined
Des Moines
City of Federal Way
City of Kent
0 King County»declined
0 City of Renton
0 City of SeaTac
0 City of Seattle
0 City of Tukwila
ll.Background and Purpose
Proposed to streamline justice funding and grant administration,the Edward ByrneMemorialJusticeAssistanceGrant(JAG)Program allows states,tribes,and local
governments to support a broad range of activities to prevent and control crime basedontheirownlocalneedsandconditions.JAG blends previous Byrne Formula and LocalLawEnforcementBlockGrant(LLEBG)Programs to provide agencies with the flexibilitytoprioritizeandplacejusticefundswheretheyaremostneeded.
ill.Disparate Certification
Jurisdictions certified as disparate must submit a joint application for the aggregate offundsallocatedtothem,specifying the amount of funds that are to be distributed toeachoftheunitsoflocalgovernmentandthepurposesforwhichthefundswillbeused,and indicating who will serve as the applicant/fiscal agent for the joint funds.The abovejurisdictionsarecertifiedasdisparate.
lV.FiscalAgent and Fund Allocation
The City of Seattle will act as the applicant and will serve as the fiscal agent for the jointfunds.The City of Seattle will charge a 3.7%administrativefee for these services.
Page 1 of3
AGENDA ITEM #6. e)
The allocationof funding is as follows:
Totalwith Subtract
INITIALALLOCATIONSFY19JAG 001%decII'ned%Sub-Tota/AdminFee FinalTotalsKINGCOUNTY36,639 5.4563%0.00%$-$-
_
AUBURNCITY 5.59%6 37,599 3 1,390.79BELLEVUECITY14,101 2.0971%=BUFllENCITY 21,329 3.172o%0.00%3 -$-:DESMOINESCITY 11,617 1.7277%2.06%$13,655 3 512.63FEDERALWAYCITY41.110
KENTCITY 33,077 5.6628%6.41%$43,125
RENTONCITY 31,333 4.6598%5.30%$35,660 $1,919.43SEATACCITY14,779 2.1979%
SEATTLECITY 414,940'68.47%$460,391 $—
TUKWiLACITY 15,360 2.2a43%2.67%3 17,974 $665.04
100.0000%$672,410 3 7,844.71
V.Project Allocationsand Reporting
Participatingjurisdictions are responsible for identifyingtheir own projects for funding,and for providing project information to the identified fiscal agent,the City of Seattle,forpurposesofsubmittingonejointapplicationonbehalfofallparticipatingjurisdictions.
Upon receipt of award documents,and prior to expense of funds pertaining to the JAG
gency Agreements with all participating
Program,the fiscal agent will enter into lntera
jurisdictions.
VI.Funds Remaining at End of Grant
if an agency has funds remaining that it will not spend and no extension is requested,allpartiesagreethatthefundswillbere—obligatedto Seattle within the final three monthsofthegrant.Notificationbetween Seattle and the agency willing to forgo funds willoccurthreemonthspriortotheendoftheperiodofperformance.
Page 2 of 3
AGENDA ITEM #6. e)
FY2019 EdwardByrne MemorialJustice AssistanceGrant
Memorandumof Understanding
Signature Page
Jurisdiction:
Signature:
Name &Title:
Date:
City of Renton
Armondo Pavone,Mayor
aiwiw
Must be signed by Mayor,City AdminislmtornrExecu1ive
Page 3 of 3
AGENDA ITEM #6. e)
AB - 2642
City Council Regular Meeting - 04 May 2020
SUBJECT/TITLE: Request to Hire the Wastewater Utility Engineering Manager at Pay
Grade M33, Step E
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Public Works Administration
STAFF CONTACT: Ron Straka, Utility Systems Director
EXT.: 7239
FISCAL IMPACT SUMMARY:
Hiring the Wastewater Utility Engineering Manager at Pay Grade m33, Step E has no fiscal impact since the
position is already budgeted at Step E for 2020. This salary is paid out of Fund 406, the Wastewater enterprise
fund, and has no impact to the General Fund.
SUMMARY OF ACTION:
The Public Works Department Utility Systems Division is requesting to hire the Wastewater Utility Engineering
Manager at Pay Grade m33, Step E. This position’s salary is currently budgeted at Step E for 2020 and is paid
out of the Wastewater Fund 406, with no impact to the General Fund.
Recruitment for this vacancy opened in February. The position was posted using various recruitment
websites, including the Association of Washington Cities Jobnet. Only five applications were received, of
which three met the minimum qualifications and were interviewed for the position. The candidate selected to
fill this vacancy has over 17 years engineering experience, with 10 years of leadership and management
experience in municipal government. The candidate is cu rrently employed by a neighboring jurisdiction
serving as the Utility Design Section Manager for the past two years. Having obtained a Bachelor’s Degree in
Civil Engineering from the University of Nevada, this candidate shows his commitment to his profess ion by
holding a Professional Engineer’s license in the states of Washington and Nevada.
EXHIBITS:
A. Job Description
STAFF RECOMMENDATION:
Authorize hiring the Wastewater Utility Engineering Manager at Pay Grade m33, Step E. This is an existing
position currently budgeted at Step E in the 2020 budget. As a result of the position being charged to the
Wastewater Fund 406 (an enterprise fund) there is no impact to the General Fund.
AGENDA ITEM #6. f)
AGENDA ITEM #6. f)
AGENDA ITEM #6. f)
AGENDA ITEM #6. f)
AB - 2635
City Council Regular Meeting - 04 May 2020
SUBJECT/TITLE: Amendment No. 1-20 to LAG-19-001 with Rainier Flight Service, LLC
RECOMMENDED ACTION: Refer to Transportation (Aviation) Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Jason Anderson, Interim Airport Manager
EXT.: 7476
FISCAL IMPACT SUMMARY:
Execution of Amendment 1-20 to LAG-19-001 between Rainier Flight Service, LLC (Rainier) and the City will
result in annual lease revenue of at least $178,695, with scheduled increases based on CPI adjustments and an
appraisal to determine the value of the 800 Parcel. This is a $22,577.40 annual increase from the current lease
structure. In addition the original lease includes language that provides a lump sum payment to the City upon
demolition of the 800 Parcel building, if appropriate. This Amendment leaves those provisions intact.
SUMMARY OF ACTION:
As provided for in the original lease, Rainier and Airport staff mutually desire to see the 800 Parcel
redeveloped. In addition, Rainier and Airport staff mutually desire to see the 820 Parcel developed to
include a single large combination hangar and office building, landside parking lot and adequate
ramp space for parked aircraft.
The terms and conditions in Section 10 of Appendix 1 in the original lease included deadlines for
Rainier to reach milestones toward constructing improvements on the 800 and 820 Parcels. Section
9.d of Appendix 1 anticipates that a deadline will only be adjusted if Rainier demonstrates that
despite its “good faith efforts” the deadline will not be met. The 820 Parcel’s deadlines began with a
requirement to submit for complete permit application no later than December 1, 2019 and to
commence construction no later than February 29, 2020.Rainier did not meet those deadlines.Under
the terms of the original lease, failure to meet these deadlines means that the lease will expire on
February 28, 2022, unless the lease is amended.
Before the deadlines expired, in July and August 2019 Rainier approached the City with a request to
consider granting an extension to their deadlines asserting the following reasons:
• Rainier stated that it had advanced well into the design phase for the 820 Parcel.
• Rainier stated that it was struggling to complete the survey work necessary to ensure all building
and code requirements were met. Rainier specifically stated that its engineers could not pul l core
samples until the end of October 2019, preventing finalization of the foundation plan until later in
the fall. Rainier stated that prior to such work, they could only make assumptions regarding utility
work and final floor plan.
• Rainier stated that beginning foundation work in the month of February is not ideal because the
water table is high, driving up costs.
AGENDA ITEM #6. g)
In addition Rainier expressed its desire to extend the existing February 28, 2020 termination date of
a sublease they have with The Boein g Company on the 820 Parcel as an accommodation to Boeing
during the pendency of the anticipated construction.
City staff considers Rainier’s construction-related reasons as “good faith efforts” justifying a
renegotiation of certain of the original deadlines.Based on this and Rainier’s willingness to
immediately commence payment to the City at the current Airport land rental rate of $1.10 per
square foot, City staff recommends that the City Council agree to amend the lease to extend the 820
Parcel construction deadlines, lease back an office space area, amend the rental rates and make
other necessary corrections and amendments, all as set forth in Amendment 1 -20.
EXHIBITS:
A. Amendment 1-20 to Lease Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Amendment 1-20 to LAG-19-001 with Rainier Flight
Service, LLC. Such authorization will have an initial increased annual economic impact of $22,577.40, and
would benefit the City and Rainier respectively by bringing current the land rental rate earlier than the
original lease required and re-establishing Rainier’s opportunity to meet the 820 Parcel construction
deadlines so as to prevent the lease from expiring on February 28, 2022.
AGENDA ITEM #6. g)
AMENDMENT NO. 1 TO LEASE AGREEMENT
City of Renton to Rainier Flight Service, LLC (Parcels 800 and 820)
THIS AMENDMENT No. 1 (the “Amendment”) to Lease Agreement No. LAG-19-
001 is dated for reference purposes as _______________, 2020, and is made by and
between the CITY OF RENTON, a Washington municipal corporation (“Landlord” or the
“City”) and RAINIER FLIGHT SERVICE, LLC, a Washington limited liability company
(“Tenant”). This Amendment amends that certain lease agreement filed under City file
number LAG-19-001 dated February 28, 2019 (the “Lease Agreement” or “LAG-19-001”).
This Amendment is effective as of the last date executed.
WHEREAS, under LAG-19-001, Tenant is leasing from the City the two parcels
identified as 800 and 820 West Perimeter Road (the “800 Parcel” and the “820 Parcel,”
respectively) at the Renton Municipal Airport (the “Airport”); and
WHEREAS, as originally established via an amendment to a prior lease
agreement between Landlord and Tenant, Landlord desires to sublet from Tenant, and
Tenant desires to sublet back to Landlord a 1,326-square foot office room known as the
Northwest Corner Room located on the 800 Parcel, as depicted in Exhibit 1-A attached
hereto; and
WHEREAS, Appendix 1 to LAG-19-001 allows Tenant to construct improvements
on the 800 and 820 Parcels, pursuant to the terms and conditions of said Appendix 1;
and
WHEREAS, the terms and conditions in Section 10 of Appendix 1 include
deadlines for Tenant to reach milestones toward constructing improvements on the 800
and 820 Parcels. Section 9.d of Appendix 1 anticipates that a deadline will only be
adjusted if Tenant demonstrates that despite its “good faith efforts” the deadline will
not be met; and
WHEREAS, the 820 Parcel’s deadlines began with a requirement to submit for
complete permit application no later than December 1, 2019 and to commence
construction no later than February 29, 2020; and
WHEREAS, in July and August 2019, Tenant informally requested that Landlord
considering granting an extension to these deadlines, asserting the following reasons:
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 2
• Tenant stated that it had advanced well into the design phase for the 820
Parcel;
• Tenant stated that it was struggling to complete the survey work
necessary to ensure all building and code requirements were met.
Specifically, Tenant stated that its engineers would not pull core samples
until the end of October 2019, enabling subsequent finalization of the
foundation plan. Tenant stated that prior to such work, Tenant could
only make assumptions regarding utility work and final floor plan; and
• Tenant stated that beginning foundation work in the month of February
is not ideal because the water table is high, driving up costs.
In addition, Tenant expressed its desire to extend the existing February 28, 2020
termination date of a sublease that Tenant has with The Boeing Company on the 820
Parcel as an accommodation to Boeing during the pendency of the anticipated
construction; and
WHEREAS, on November 14, 2019, Tenant representatives met with Landlord
representatives to elaborate on Tenant’s request for extension to the 820 Parcel
construction deadlines. During that meeting Tenant re-raised its desire to extend
additional time to The Boeing Company on the 820 Parcel. Tenant also asserted that the
geotechnical information it received in October 2019 regarding the 820 Parcel’s soil
conditions would increase construction costs significantly beyond what Tenant had
planned. In addition, Tenant asserted that utility work to support Tenant’s 820 Parcel
construction would also exceed Tenant’s original plan; and
WHEREAS, Landlord considered the information Tenant presented at the
November 14, 2019 meeting; and
WHEREAS, Landlord observes that Tenant’s desire to extend time to The Boeing
Company’s sublease of the 820 Parcel is not, in and of itself, a basis for extending the
820 Parcel construction deadlines; and
WHEREAS, Appendix 1’s first 820 Parcel construction deadline to submit for
complete permit application no later than December 1, 2019 has now expired such that,
without a Lease amendment, the Lease will expire on February 28, 2022 per Section 9.a.
of Appendix 1; and
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 3
WHEREAS, Landlord had Valbridge Property Advisors prepare an Appraisal
Report for the Renton Municipal Airport, report dated May 29, 2019, which established
the current land rental rate for the Airport at $1.10 per square foot; and
WHEREAS, in exchange for Tenant agreeing to immediately commence payment
to Landlord at the current Airport land rental rate of $1.10 per square foot, Landlord is
willing to amend the Lease to extend the 820 Parcel construction deadlines as set forth
in this Amendment. Such extension would benefit both Landlord and Tenant,
respectively, by (1) bringing current the land rental rate early and (2) re-establishing
Tenant’s opportunity to meet the 820 Parcel construction deadlines so as to prevent the
Lease from expiring on February 28, 2022; and
WHEREAS, Tenant has now further requested that Landlord also modify Tenant’s
construction obligations as to the 800 Parcel to give Tenant more flexibility in
determining whether to rebuild on the 800 Parcel, and Landlord is willing to amend as
long as the 800 Parcel’s interests timely return to Landlord and at no cost to Landlord as
set forth in this Amendment;
NOW, THEREFORE, IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN
CONTAINED AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT
AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, LANDLORD AND TENANT
AGREE TO AMEND THE LEASE, LAG-19-001, AS SET FORTH BELOW:
1. Tenant hereby sublets back to Landlord a 1,326-square foot office room known as
the Northwest Corner Room, as depicted in Exhibit 1-A attached hereto, and
Landlord accepts the same. This amendment shall be incorporated into the Lease
Agreement’s definition of the Premises.
2. Landlord and Tenant do hereby agree that Section 10.a of Appendix 1 of the Lease
Agreement is amended to read as follows:
10.a. Schedule Milestones for the 800 Parcel Improvements.
10.a.(1). Milestone #1 - Tenant will submit a complete permit application for the
demolition portion of the 800 Parcel Improvements no later than December 1, 2029,
and shall complete demolition no later than April 1, 2030. (The date that the City
determines that demolition is complete is the “Demolition Date.”)
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 4
10.a.(2). Milestone #2 - Tenant will submit a complete permit application for the
construction portions of the 800 Parcel Improvements to the City’s Department of
Community and Economic Development (“CED”) no later than December 1, 2029.
10.a.(3). Milestone #3 - Tenant will commence construction no sooner than June
1, 2020 and no later than June 1, 2030. (The date that construction commences is the
“800 Parcel Construction Date.”) Tenant shall notify the City of the 800 Parcel
Construction Date.
10.a.(4). Milestone #4 - Tenant will complete all 800 Parcel Improvements
within 18 months after the 800 Parcel Construction Date.
10.a.(5). Alternative Milestone - At Tenant’s option, as an alternative to the
milestones set forth in Sections 10.a.(1) through 10.a.(4), above, if the Demolition Date
occurs on or before April 1, 2030, Tenant may elect to terminate the Agreement as to
the 800 Parcel only with such termination taking effect on the Demolition Date.
3. Landlord and Tenant do hereby agree that Section 9.b of Appendix 1 of the Lease
Agreement is amended to read as follows:
9.b. The following shall apply unless Tenant proceeds with the Alternative
Milestone set forth in Section 10.a.(5), below: If Tenant does not complete all 800
Parcel Improvements within 18 months of the 800 Parcel Construction Date (as defined
below), the following will automatically apply and supersede any conflicting term or
condition in LAG 19-001, Section 3: Tenant agrees to complete demolition on the 800
Parcel, and after such demolition is complete Tenant and Landlord will as soon as
practicable amend the Lease to remove the 800 Parcel from the Lease by removing it
from the definition of the term Premises and making all other related amendments to
the Lease.
4. Landlord and Tenant do hereby agree that Sections 9.a. of Appendix 1 of the Lease
Agreement is amended to delete the clause appearing in that section that reads
“LAG 18-_____, Section 3” and to replace that clause with the following: “LAG 19-
001, Section 3”.
5. Landlord and Tenant do hereby agree that Section 10.b of Appendix 1 of the Lease
Agreement is amended to read as follows:
10.b. Schedule Milestones for the 820 Parcel Improvements.
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 5
10.b.(1). Milestone #1 - Tenant will submit a complete permit application for the
820 Parcel Improvements to CED no later than January 31, 2021.
10.b.(2). Milestone #2 - Tenant will commence construction no later June 30,
2021. (The date that construction commences is the “820 Parcel Construction Date.”)
Tenant shall notify the City of the 820 Parcel Construction Date.
10.b.(3). Milestone #3 - Tenant will complete all 820 Parcel Improvements
within 18 months after the 820 Parcel Construction Date.
6. Landlord and Tenant do hereby agree that Subsection 4.a of the Lease Agreement is
amended to read as follows, which reflects an increase to $1.10/square foot/year of
land rent rate and a reduction in building rent for the office room sublet on the 800
Parcel:
4.a. Minimum Monthly Rent: Tenant shall pay to Landlord a Minimum Monthly Rent
in the sums listed below, PLUS Leasehold Excise Tax as described in Section 5, below,
without deduction, offset, prior notice or demand, payable promptly in advance on the
first day of each and every month. All such payments shall be made to the City of
Renton, Attention: Fiscal Services, Renton, Washington 98057. The Minimum Monthly
Rent, beginning on the Commencement Date, is computed as follows:
Monthly Rent – Land Component (Parcels 800 and 820), Applicable During Periods 1, 2,
and 3, as defined below
Fourteen Thousand Eight Hundred Ninety-One and 25/100 Dollars ($14,891.25),
which amount is one-twelfth (1/12) of the annual land rent of One Hundred
Seventy-Eight Thousand Six Hundred Ninety-Five and 00/100 Dollars ($178,695.00)
(162,450 square feet x $1.10 per square foot per year) PLUS, leasehold tax.
Monthly Rent – Building Component, Parcel 800, Applicable During Period 1 (“Period 1”
means the period beginning on the Commencement Date and ending the day before the
Appraisal Submittal Date, as defined in Section 4.f, below).
Two Thousand Four Hundred Fourteen and 64/100 Dollars ($2,414.64), which
amount is one-twelfth (1/12) of the annual building rent of Twenty-Eight Thousand
Nine Hundred Seventy-Five and 70/100 Dollars ($28,975.70) ((20,020 square feet,
less 1,326 square feet of office space = 18,694 square feet) x $1.55 per square foot
per year); PLUS, leasehold tax.
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 6
Monthly Rent – Building Component, Parcel 800, Applicable During Period 2 (“Period 2”
means the period commencing on the Appraisal Submittal Date and ending on the
Demolition Date)
[Amount to be determined by Landlord via appraisal as further described in Section
4.f, below.]
Monthly Rent – Building Component, Parcel 800, Applicable During Period 3 (“Period 3”
means the period after the Demolition Date, defined as the date that demolition
activities as contemplated in Appendix 1 are complete, as determined by Landlord)
[Amount to be determined by Landlord via financial analysis supplied by Tenant and
confirmed by Landlord, with such confirmation to be at Tenant’s cost. The amount
will be calculated as follows: A lump sum equal to any loss in net value to Landlord
resulting from the demolition of the existing building and the construction of the
new building, payable monthly over the then-remaining term of the Lease, with any
remaining balance due as a final lump sum payment at the termination of the Lease.
For the purposes of this paragraph, “net value” will be determined by comparing (A)
the appraised value of the existing building as contemplated in paragraph 4f with (B)
the projected appraised value of the newly constructed building as of the date
construction is complete. If such projected appraised value of the new building
exceeds the appraised value of the existing building, the amount due under this
paragraph shall be Zero Dollars ($0.00). For the avoidance of doubt, no rent or “net
value” payment will be payable for the Building Component during the period
between demolition and the appraisal of the new building once constructed. In no
event shall Landlord owe any amount to Tenant.]
Tenant anticipates that it might prefer after demolition on the 800 Parcel to utilize
the Parcel 800 for tie-down parking or other use not allowed under the current
terms of the Lease Agreement (hereinafter, the “Alternative Use”). Tenant
acknowledges that any proposal for Alternative Use is not allowed under the Lease
Agreement and would require an amendment to the Lease Agreement, including its
Appendix 1. Tenant acknowledges and agrees that Landlord has no obligation to
agree to such an amendment and that it is within Landlord’s sole discretion whether
to agree to such amendment. As a courtesy notice to Tenant that is made without
any binding obligation on Landlord, Landlord anticipates that if it were to agree to
such amendment it would require the following regarding the Alternative Use:
• Tenant must first demonstrate via a business case how the Alternative Use
would shield Landlord from long-term adverse revenue impacts; and
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 7
• The Alternative Use will change the land rent rate for Parcel 800. The land
rent rate for the Alternative Use on Parcel 800 will be based on appraised
fair market value as of the Demolition Date, and will be subject to increases
per Landlord’s leasing policy in effect at the time of the Demolition Date;
and
• If the Alternative Use is subleased in whole or in part, and such sublease
reflects a rent that is substantially above a then-current market rate, then in
addition to the land rent the Landlord may require Tenant to pay to
Landlord a percentage of net income from such subleasing; and
• If the Alternative Use results in Tenant making use of Parcel 800 for apron
space, Tenant will guarantee that a definite, but as-yet-undetermined,
number of the spaces will be made available for transient aircraft parking.
For the avoidance of doubt, if Tenant elects not to demolish the building on Parcel
800, the Period 2 building rent rate will continue to apply until such time as the lease
for Parcel 800 terminates.
Total Monthly Rent for Period 1
Monthly Rental – Land Component (Parcels 800 and 820) $14,891.25
Monthly Rental – Building Component (Parcel 800), Period 1 $2,414.64
TOTAL: $17,305.89 per month, PLUS Leasehold
Excise Tax
Total Monthly Rent for Period 2
Monthly Rental – Land Component (Parcels 800 and 820) $14,891.25
Monthly Rental – Building Component (Parcel 800), Period 2 $TBD
TOTAL: $TBD per month, PLUS Leasehold Excise
Tax
Total Monthly Rent for Period 3
Monthly Rental – Land Component (Parcels 800 and 820) $14,891.25
Monthly Rental – Building Component (Parcel 800), Period 3 $TBD
TOTAL: $TBD per month, PLUS Leasehold Excise
Tax
7. All other terms and conditions of the original Lease Agreement, insofar as they are
not inconsistent herewith, shall remain in full force and effect.
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 8
RAINIER FLIGHT SERVICE, LLC
a Washington Limited Liability Company
Name: Gordon Alvord
Title: Authorized Member
Date: ______________________
CITY OF RENTON
a Washington Municipal Corporation
Armondo Pavone, Mayor
Date: ______________________
Attest:
Jason Seth, City Clerk
Approved as to form:
Shane Moloney, City Attorney
AGENDA ITEM #6. g)
Amendment 1 to LAG-19-001
Page | 9
EXHIBIT 1-A
[See attached.]
AGENDA ITEM #6. g)
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AGENDA ITEM #6. g)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING THE
2019/2020 CITY OF RENTON FEE SCHEDULE.
WHEREAS, on November 23, 2009, the Council adopted Ordinance No. 5509, which
removed many fees from the Renton Municipal Code and consolidated them into the 2010 City
of Renton Fee Schedule brochure ; and
WHEREAS, the fee schedule has been amended several times since 2009; and
WHEREAS, on November 19, 2018, the City Council passed Resolution No. 4361, adopting
an amended fee schedule for 2019 and 2020; and
WHEREAS, on April 22, 2019, the City Council passed Resolution No. 4381, amending the
fee schedule for 2019 and 2020 as a part of the City’s 2019 Carry Forward and 1st Quarter budget
amendment; and
WHEREAS, on July 15, 2019, the City Council passed Resolution No. 4385, amending the
fee schedule for 2019 and 2020 as a part of the City’s 2019 2nd Quarter budget amendment; and
WHEREAS, on November 18, 2019, the City Council amended the fee schedule as a part
of the City’s 2019/2020 Mid‐Biennial budget amendment; and
WHEREAS, it is necessary to amend the fee schedule as a part of the City’s 2020 Carry
Forward and 1st Quarter budget amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
SECTION I. The fee schedule is amended and replaced with the 2019‐2020 City of
Renton Fee Schedule brochure, which is attached hereto and adopted by this reference (“Fee
Schedule”). An updated copy of the Fee Schedule shall at all times be filed with the City Clerk as
required by Ordinance No. 5509.
SECTION II. The amended Fee Schedule adopted by Section I of this resolution shall be
effective upon passage and approval of this resolution, and thereafter act as the City of Renton's
Fee Schedule for all fees or charges referenced therein. The Fee Schedule shall remain in effect until
amended or otherwise replaced by the City Council. In the event the Fee Schedule is not amended
prior to the year 2021, the fees specified for the year 2020 shall continue to apply into and beyond
2021 until amended by the City Council.
PASSED BY THE CITY COUNCIL this ______ day of _______________________, 2020.
______________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of _______________________, 2020.
______________________________
Armondo Pavone, Mayor
Approved as to form:
______________________________
Shane Moloney, City Attorney
RES:1841:3/27/20
AGENDA ITEM # 8. a)
Rev. March 2020
AGENDA ITEM # 8. a)
Table of Contents Page
SECTION I. MISCELLANEOUS FEES 1
SECTION II. MAPLEWOOD GOLF COURSE 2
SECTION III. City CENTER PARKING FEES 3
SECTION IV. AQUATIC FEES 3
SECTION V. CARCO THEATER (REPEALED) 4
SECTION VI. PARKS AND FACILITIES USE AND RENTAL 4
SECTION VII. COMMUNITY CENTER PASS CARD & FEES 5
SECTION VIII. AIRPORT CHARGES 5
SECTION IX. ANIMAL LICENSES FEES* ‐ RMC 5‐4‐25
SECTION X. BUSINESS LICENSES 5
SECTION XI. ADULT ENTERTAINMENT LICENSES 5
SECTION XII. DEVELOPMENT FEES 6
Building Fees:6
Land Use Review Fees:8
Public Works Fees: 9
Technology Surcharge Fee 13
Impact Fees: 13
SECTION XIII. FIRE DEPARMENT FIRE MARSHALL FEES (RFA) 14
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
APPENDIX SECTION
SECTION I. MISCELLANEOUS FEES 2019 2020
1. Maps:
a. Zoning maps ‐ standard 11 x 17 $4 $4
b. Zoning maps ‐ large 24 x 36 $12 $12
c. Comprehensive Plan map ‐ standard 11 x 17 $4 $4
d. Comprehensive Plan map ‐ large 24 x 36 $12 $12
e. Precinct maps $5 $5
2. Plat:
a. First page $2 $2
b. Each additional page $1 $1
3. Photocopies:
a. Each 8.5" x 11" or 8.5" x 14"$0.15 $0.15
b. Each 11" x 17"$0.20 $0.20
c. Each 8.5" x 11" or 8.5" x 14" color $0.25 $0.25
4. Budget:
a. City's Budget $10 $10
b. N/C N/C
5. Audio or Video Recording Copies:
a.Audio recording, each copy $2 $2
b.Video recording, each copy $2 $2
6. Regulations and Plans:
a.Comprehensive Plan and Map $30 $30
b.Title IV, Development Regulations:
(i) Text and Zoning Map $110 $110
(ii) Text only $100 $100
c.Individual Chapters of Development Regulations $10 $10
d. Renton Municipal Code (two volumes)$400 $400
e.Code Supplements, per year:
(i) Titles I ‐ III and VI ‐ X $70 $70
(ii) Title IV $70 $70
7. Miscellaneous Services:
a.Certification and Notary Fees ‐ Clerk's Certification $10 $10
b.Notary Public Attestation or Acknowledgement or as $10 $10
otherwise provided for in RCW 42.28.090, per signature
c.Hold Harmless Agreements and other similar documents $20 $20
not otherwise provided for
d.Lamination of licenses, pictures $6 $6
e.Community Development Block Grants (CDBG) Loan Program:
(i) Application Fee $200 $200
(ii) Loan Origination Fee $150 or 0.25% of
loan amount,
whichever is
greater
$150 or 0.25% of
loan amount,
whichever is
greater
(iii) Closing Costs (including any legal fees)50% of total actual
costs
50% of total actual
costs
8. Miscellaneous Charges for Police Services:
a.Police Reports per page $0.15 $0.15
b.Record Checks (Written Response) $5 $5
c.Photographs ‐ Digital on CD $2 $2
d.Photographs ‐ black & white or color ‐ Cost of developing film Cost Cost
e.Fingerprint Cards $5 $5
(i) Each additional card $1 $1
9. Charges for Fire Documents:
a.Fire reports per page $0.15 $0.15
b.Fire investigative report on CD $2 $2
c.First copy ‐ black & white or color ‐ Cost of developing film Cost Cost
d.Additional copy ‐ black & white or color ‐ Cost of developing film Cost Cost
10. Computer Listings:
a.City of Renton new business list $10 $10
b.List of all business licenses $20 $20
c.Copies requested to be faxed, local number $3 $3
d.Copies requested to be faxed, long distance number
(i) One (1) ‐ five (5) pages $10 $10
(ii) Six (6) or more pages (ten (10) page limit)$20 $20
11. Utility Fee:
a.Special Request Water Meter Reading $30 $30
b.Utility New Account Setup $25 $25
c.Utility Billing Account Transfer (tenant billing form)$5 $5
d.Water utility outstanding balance search requested by $25 $25
fax, messenger, or letter
City's Budget to other municipality or quasi‐municipal corporation or other nonprofit charitable or education organization
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION I. MISCELLANEOUS FEES (CONTINUED)2019 2020
12. Schedule of Fines for False Alarms ‐ Security/Burglar: (effective February 1, 2019)
a.One‐time Registration Fee $25 $25
b.Annual Registration Renewal N/C N/C
c.First False Alarm in a registration year*N/C N/C
d.Second False Alarm in a registration year*$100 $100
e.Third or more False Alarm in a registration year*$250 $250
f.Late Payment Fee $25 $25
g.Unregistered Alarm System Fee $50 $50
*A registration year shall mean January 1 thru December 31 each year.
13. NSF Check Fees $25 $25
14. Veteran Park Tile: Three lines $75 $75
15. Electronic Records:
a.Photocopies or printed copies of electronic records, per page $0.15 $0.15
b.Scanning paper records, per page $0.10 $0.10
c.Electronic files or attachments uploaded for electronic delivery (email, cloud‐based data storage service, or $0.05 $0.05
other means of electronic delivery), for each four (4) files
d.Transmission of records in an electronic format or for the use of agency equipment to send the records $0.10 $0.10
electronically, per gigabyte (GB)
16. Document Recording Fees:
Actual Costs Actual Costs
17. School Impact Fee Administration 5% x School Impact
Fee
5% x School Impact
Fee
SECTION II. MAPLEWOOD GOLF COURSE 2019 2020
1.
a.Weekday:
(i) 18 Hole $37 $39
(ii) 9 Hole $27 $29
(iii) 18 Hole, Senior $28 $30
(iv) 9 Hole, Senior $20 $22
(v) 18 Hole, Junior $19 $21
(vi) 9 Hole, Junior $15 $17
b.Weekend:
(i) 18 Hole $44 $46
(ii) 9 Hole $27 $29
2. Club Rental*:
a.Regular $18 $25
b.Premium $0 $50
3. Golf Cart Fees*:
a.18 Hole $30 $34
b.18 Hole Single Rider $22 $26
c.9 Hole $18 $22
d.9 Hole Single Rider $12 $16
e.Trail Fee $10 $15
4. Driving Range Fees*:
a.Large Bucket $9 $11
b.Small Bucket $6 $6
c.Warm‐up Bucket $4 $4
5. Lesson Fees:
a.1/2 Hour Private $45 $45
b.1 Hour Private $65 $65
c.1/2 Hour Series Private $160 $160
Green Fees*:
For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining
four days of the week. "Junior" shall mean ages 17 and under, "Senior" shall mean ages 62 and over.
Off‐season and promotional rates determined by management; posted on website.
*The charges identified in RCW 42.56.120(3)(b) (and referenced above) may be combined to the extent that more than one
type of charge applies to copies produced in response to a particular request. The actual cost of any digital storage media or
device provided by the agency. Alternatively, the City may charge a flat fee of up to $2 for the entire request as long as the
cost of uploading and transmitting the electronic records is reasonably estimated to equal or exceed that amount. Only one
$2 flat fee per request is authorized for electronic records produced in installments. When records are provided electronically
on a CD, DVD, thumb drive, flash drive, or other electronic device, the requestor will be charged for the cost of the electronic
storage device. The City may charge an actual‐cost service charge for requests that require use of IT expertise to prepare data
comilations or provide customized electronic access services when not used by the City for other purposes. A cost estimate
and explanation will be provided to the requestor before incurring the costs.
Option to waive charges. The City may waive charges associated with fulfilling a request. The decision will be based on
various factors, including the volume and format of the responsive documents. The decision to assess fees for fulfilling a
public records request shall be made on a consistent and equitable basis, dependent primarily upon the amount of staff time
required for copying, scanning, shipping, uploading, and/or transmitting the records associated with fulfilling a request.
Certified copies. If the requestor is seeking a certified copy of a City record, an additional charge of $1.00 per each complete
document may be applied to cover the additional expense and time required for certification.
The applicant shall pay all document recording fees charged by King county and all administrative fees charged by the title
company for processing. Payment in full shall by submitted to the City before documents are sent for recording.
Note: Should Section I fees due total less than $4.00 and no other fee is due to the City at the same time, the department
administrator may authorize to waive the entire amount due at their discretion.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION II. MAPLEWOOD GOLF COURSE (CONTINUED)2019 2020
d.1 Hour Series Private $240 $240
e.Group Series $100 $100
f.1/2 Hour Private, Junior $25 $25
g.Playing Lesson(3‐hole minimum/9‐hole maximum) per hole $15 $15
* Rates include Washington State Sales Tax (WSST)
SECTION III. City CENTER PARKING FEES 2019 2020
1. City Center Parking Garage Fees:
Parking rates for retail parking will be as follows:
a.Zero (0) ‐ two (2) hours N/C N/C
b.Two (2) ‐ four (4) hours $2 $2
c.Four (4) ‐ six (6) hours $4 $4
d.Six (6) ‐ (10) hours $6 $6
e. 10 hours or more $10 $10
f.Monthly pass‐holders, tax included $35 $35
SECTION IV. AQUATIC FEES 2019 2020
1. Admission for the Aquatic Center shall be as follows:
a.Regular Session:
(i)Resident Iinfants ‐ under 1 year N/C N/C
(ii)Non‐resident infants ‐ under 1 year N/C N/C
(iii)Resident yYouth ‐ 1 to 4 years $4.50 4.5 $6
(iv)Non‐resident youth ‐ 1 to 4 years $8.50 $8.50
(v)Resident aAges 5 and up $8.50 8.5 $11
(vi)Non‐resident ages 5 and up $15 $15
(vii)Resident lLap swim ‐ water walking only $3 3 $4
(viii)Non‐resident lap swim ‐ water walking only $4.50 $4.50
b.Season Pass:
(i) Resident infants ‐ under 1 year N/C N/C
(ii) Non‐resident infants ‐ under 1 year N/C N/C
(iii) Resident ages 1 and up $60 $60
(iv) Non‐resident ages 1 and up $120 $120
c.Miscellaneous Rates:
(i) Resident regular session per person rate (group rates)* $10 10 $12
(ii) Non‐resident regular session per person rate $16 $16
(iii) Locker Rental $0.25 $0.25
d.Canopy Rental Fees*: (includes canopy and admission for one leisure swim session):
(i) Henry Moses Party Tent #1
(10' x 20' for up to twenty‐five (25) guests on wave pool ):
(1) Resident Rate, per session $310 310 450
(2) Non‐resident Rate, per session $475 475 $550
(ii) Henry Moses Party Tent #2
(10' x 10 20' for up to fifteentwenty‐five (15 25) guests):
(1) Resident Rate $200 200 $400
(2) Non‐Resident Rate $300 300 $500
(iii) Henry Moses Party Tent #3
(10' x 10' for up to ten (10) guests):
(1) Resident Rate, per session $200
(2) Non‐resident Rate, per session $240
e.Resident Rate all inclusive*$1,800 $1,800
f.Non‐resident Rate all inclusive*$2,300 $2,300
*Sales tax not included in the rental fee
g.Swim Lesson Program: Fees and associated descriptions are published in the "What's Happening " Renton Activities Guide
h.End‐of‐year School Party Rentals:
(i) Renton School District
(1) 001 ‐ 299 students $1,900 $1,900
(2) 300 ‐ 399 students $2,250 $2,250
(3) 400 ‐ 499 students $2,400 $2,400
(4) 500 ‐ 599 students $2,550 $2,550
(ii) Other Schools and Districts
(1) 001 ‐ 299 students $2,450 $2,450
(2) 300 ‐ 399 students $2,850 $2,850
(3) 400 ‐ 499 students $3,150 $3,150
(4) 500 ‐ 599 students $3,360 $3,360
2. Boat Launch Rates:
a.Daily resident ‐ 7 days a week $10 $10
b.Daily Non‐resident ‐ 7 days a week $20 $20
c.Overnight resident ‐ 7 days a week $20 $20
d.Overnight Non‐resident ‐ 7 days a week $40 $40
e.Annual parking permit ‐ resident $60 $60
f.Annual parking permit ‐ non‐resident $120 $120
g.Additional sticker (launching permit)$5 $5
*Group Rates: Group rates offer guaranteed admission for the group. In order to qualify for a group rate, the group must consist
of ten (10) or more persons, and the session must be scheduled in advance. Please note that the number of groups may be
limited each day. Staff has the authority to offer discounted daily rates for partial sessions or Renton‐only events.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION IV. AQUATIC FEES (CONTINUED)2019 2020
h.$50 $50
SECTION V. CARCO THEATER (REPEALED)2019 2020
SECTION VI. PARKS AND FACILITIES USE AND RENTAL 2019 2020
1. Outlying Picnic Shelters (Cedar River Trail, Liberty Park, Phillip Arnold Park, Teasdale Park and Heritage Park) Maximum of 50 people:
a.Resident 8:30am‐1:30pm/3:30pm‐8:30pm 10am‐7pm $90 90 $140
b.Non‐resident 8:30am‐1:30pm/3:30pm‐8:30pm10am‐7pm $180 180 $280
2. Gene Coulon Beach Park Shelters (South #1, South #2 and Creekside) Maximum of 75 people:
a.Resident 8:30am‐1:30pm/3:30pm‐8:30pm10am‐7pm $100 100 $140
b.Non‐resident 8:30am‐1:30pm/3:30pm‐8:30pm10am‐7pm $180 180 $280
e.South Shelters 1 & 2 Resident rate $300 $300
f.South Shelters 1 & 2 Non‐resident rate $600 $600
3. Gene Coulon Beach Park Shelters (North Shelter):
a.Resident 8:30am‐1:30pm/3:30pm‐8:30pm10am‐7pm $120 120 $160
b.Non‐resident 8:30am‐1:30pm/3:30pm‐8:30pm10am‐7pm $240 240 $320
c.Full day resident 8:30am‐sunset under 75 people $160 $160
e.Full day non‐resident 8:30am‐sunset under 75 people $320 $320
4. Tennis, Basketball and Sand Volleyball court rate per hour (Tournament Play Only):
a.Tennis court $10 $10
b.Park basketball court $10 $10
c.Sand volleyball court $10 $10
5. Catering and Event Rate (All city parks apply):
a.Resident half day $200 $200
b.Resident full day $350 $350
c.Non‐resident half day $400 $400
d.Non‐resident full day $700 $700
6.
a.Each $50 $50
7.
a.Resident rate per hour $10 $10
b.Non‐resident rate per hour $25 $25
c.Special Event Permit Fee $85 $85
8. Piazza Park Open Space Event Rental
a.Full day rental 10am ‐ 7pm $500 $500
9. Photo Shoots per hour:
a.Commercial Film and Photo Shoots per hour $300 $300
10. Electrical Spider Box rental:
a. Electrical spider box rental per box, per event, with special event approval $100 $100
11. Athletic Field Rental, Lights and Prep Fees:
a.Sports field rental per hour ‐ resident $25 $25
b.Sports field rental per hour ‐ non‐resident $30 $30
c.Renton Area Youth Sports Agencies, per hour $6 $6
d.Field prep for softball/baseball ‐ resident per occurrence $30 $30
e.Field prep for soccer ‐ resident per occurrence $45 $45
f.Custom Field prep ‐ resident per occurrence $100 $100
g.Field prep for softball/baseball ‐ non‐resident per occurrence $35 $35
h.Field prep for soccer ‐ non‐resident per occurrence $50 $50
i.Custom Field prep ‐ non‐resident per occurrence $100 $100
j.Field lights all sports ‐ resident per hour $25 $25
k.Field lights all sports ‐ non‐resident per hour $30 $30
12. Banquet & Classroom Rental ‐ Community Center & Senior Activity Center:
a.Friday evening 5 hour minimum ‐ resident $650 $650
b.Weekend Rates 10 hour minimum ‐ resident $1,300 $1,300
c.Extra hours ‐ per hour ‐ resident $130 $130
d.Friday 5 hour minimum ‐ non‐resident $750 $750
e.Weekend Rates 10 hour minimum ‐ non‐resident $1,500 $1,500
f.Extra hours ‐ per hour ‐ non‐resident $150 $150
g.Kitchen charge ‐ per hour $100 $100
h.Banquet Room ‐ Mon ‐ Fri ‐ daytime ‐ resident/hr 3 hour min $85 $85
i.Banquet Room ‐ Mon ‐ Fri ‐ daytime ‐ non‐resident/hr 3 hour min $90 $90
j.Damage deposit $550 $550
k.Contract violation fee ‐ per hour $200 $200
l.Cancellation Fee ‐ Less than 90 days $550 $550
13. Classroom and Gymnasium Rental ‐ Renton Community Center:
a.Resident single gym athletic ‐ per hour $45 $45
b.Non‐resident single gym athletic ‐ per hour $50 $50
c.Resident double gym athletic ‐ per hour $90 $90
d.Non‐resident double gym athletic ‐ per hour $100 $100
e.Resident single gym non‐athletic $550 $550
f.Non‐resident single gym non‐athletic $675 $675
g.Resident double gym non‐athletic $1,100 $1,100
h.Non‐resident double gym non‐athletic $1,350 $1,350
Fishing Tournaments at Coulon Beach (additional rental fee if using the Pavilion area for weigh in and or electricity at the current
rental rate) per event
Inflatable and big toy rate:
Note: Along with rental fee for the use of City facility for each inflatable or big toy, Applicant or Renter shall provide proof of
insurance naming the City of Renton as additional insured.
Open Space Area in the Parks (Cascade, Teasdale, Phillip Arnold, Cedar River, Earlington, Gene Coulon, Glencoe, Kennydale Lions,
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION VI. PARKS AND FACILITIES USE AND RENTAL (CONTINUED) 2019 2020
i.Carpet fee single gym ‐ resident & non‐resident $325 $325
j.Carpet fee double gym ‐ resident & non‐resident $650 $650
k.Classroom resident $35 $35
l.Classroom Non‐resident $40 $40
14. Birthday Party Packages:
a.Party package ‐ resident $65 $65
b.Party package ‐ non‐resident $75 $75
15. Facility Rental ‐ Neighborhood Center:
a.Meeting room ‐ resident $35 $35
b.Gymnasium ‐ resident $35 $35
c.Meeting room ‐ non‐resident $40 $40
d.Gymnasium ‐ non‐resident $40 $40
16. Farmer's Market
a.10x10 Lot $40 $40
b.Half Lot $20 $20
c.Application fee $30 $30
d.Electrical fee $5 $5
17. Reader Board
a.One day/day of event $110
b.Two weeks prior to event $275
SECTION VII. COMMUNITY CENTER PASS CARD & FEES 2019 2020
Fees and associated descriptions are published in the "What's Happening " Renton Activities Guide
SECTION VIII. AIRPORT CHARGES 2019 2020
1.Airport Fuel Flow Charge: per gallon $0.08 $0.08
2.JetA Fuel Flow Charge: per gallon $0.10 $0.10
3.Transient airplane parking daily $8 $8
4.Hangar wait list, one time fee $100 $100
5.Tie‐down wait list, one time fee $25 $25
6.Lost gate card fee per occurrence $50 $50
7.T‐Hangar, Non‐Refundable Move‐in Fee $250 $250
8.Penalty for violation of Minimum Standards/Airport Rules & Regulations (each occurrence)$500 $500
9.Penalty for Movement Area Incursions (each occurrence), assessed to sponsor/tenant $500 $500
SECTION IX. ANIMAL LICENSES FEES* ‐ RMC 5‐4‐2 2019 2020
1.Altered Animal Annual License $30 $30
2.Unaltered Animal Annual License $50 $50
3.Economically Qualified Resident Special Lifetime License $0 $0
4.Duplicate Tag $10 $10
5.Late Charge $30 $30
SECTION X. BUSINESS LICENSES 2019 2020
1. General Business License:
a.Registration Fee $150 $150
b.Per hour fee, for each worker hour *$0.0352 $0.0352
b.Appeal of Business License Decision $250 $250
2. Short Term Employment within the City:
a.A temporary ninety (90) day license maybe purchased for each FTE on a temporary job*$50 $50
*Not to exceed 270 consecutive days
2. Penalties:
a.The penalty to reinstate an expired business license $50 $50
b.The penalty for failure to obtain a business license $250 $250
c.
SECTION XI. ADULT ENTERTAINMENT LICENSES 2019 2020
1. Every person applying for a adult entertainment license shall pay the applicable nonrefundable application fee:
a.Adult Entertainment Business License $750 $750
b.Entertainer $75 $75
c.Manager $75 $75
d.License Replacement $10 $10
2. Penalties:
a.Civil Penalty, per violation $1,000 $1,000
5%‐15% 5%‐15%
* Payment of all license fee amounts still owing for the last three (3) years, plus a penalty of (20%) per annum for all amounts
owing, plus any accounting, legal or administrative expenses incurred by the City in determining the nonreporting, or the unpaid
portion over the last (3) years or in collecting the tax and/or penalty.
*Please note, impounded animals are subject to license fees, microchipping costs, and other out‐of‐pocket costs as specified in
RMC 6‐6‐2.
* Per hour rate shall be adjusted every other year by Seattle‐Tacoma‐Bremerton, All Items, Urban Wage Earners and
Clerical Workers (also known as CPI‐W) ending August 31, for the same two year period.
Failure to pay the license fee within one day after the day on which it is due and payable pursuant to subsection C7 of
Chapter 5 of the RMC shall render the business enterprise subject to a penalty of (5%) of the amount of the license fee for the
first month of the delinquency and an additional penalty of (5%) for each succeeding month of delinquency, but not
exceeding a total penalty of (15%) of the amount of such license fee.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES 2019 2020
1. Building Fees:
a.Building Permit Fees:1
(i) Base Fee/Valuation $1.00 to $500.00 $28 $28
(ii) Valuation $501.00 to $2,000.00 $28 + $3.65 x each
$100 value
$28 + $3.65 x each
$100 value
(iii) Valuation $2001.00 to 25,000.00 $82.75 + $16.75 x
each $1,000 value
$82.75 + $16.75 x
each $1,000 value
(iv) Valuation $25,001.00 to $50,000.00 $468 + $12 x each
$1,000 value
$468 + $12 x each
$1,000 value
(v) Valuation $50,001.00 to $100,000.00 $768 + $8.35 x each
$1,000 value
$768 + $8.35 x each
$1,000 value
(vi) Valuation $100,001.00 to $500,000.00 $1,185.50 + $6.70 x
each $1,000 value
$1,185.50 + $6.70 x
each $1,000 value
(vii) Valuation $500,001.00 to $1,000,000.00 $3,865.50 + $5.65 x
each $1,000 value
$3,865.50 + $5.65 x
each $1,000 value
(viii) Valuation $1,000,001.00 and up $6,690.50 + $4.35 x
each $1,000 value
$6,690.50 + $4.35 x
each $1,000 value
b.Combination Building Permit Fees*1
(i) Plumbing up to 3,000 sq ft $250 $250
(ii) Plumbing over 3,000 sq ft $275 $275
(iii) Mechanical up to 3,000 sq ft $200 $200
(iv) Mechanical over 3,000 sq ft $225 $225
(v) Electrical up to 3,000 sq ft $225 $225
(vi) Electrical over 3,000 sq ft $275 $275
* Combination Building Permit fees are required for each new single family residential structure
c.Building Plan Check Fee 1
(i) Initial Building Plan Check Fee*65% of permit fee 65% of permit fee
(ii) Additional Building Plan Check Fee 50% of initial plan
Check Fee
50% of initial plan
Check Fee
d.Demolition Permit Fee:
(i) Residential $122 $122
(ii) Commercial $265 $265
e.State Building Code Fee:
(i) Non‐residential projects:$25 $25
(ii) Residential projects:$6.50 $6.50
(1) Each additional unit after first unit:$2 $2
f.Electrical Permit Fees:
(i) Residential Fees ‐ Single ‐Family and Duplex
(1) New Service ‐ Single Family and Duplex 1
(a) Up to 200 AMP $212 $212
(b) Over 200 AMP $225 $225
(2) Service Changes/New Circuits ‐ Single Family and Duplex:
(a) Change up to 200 AMP $165 $165
(b) Change over 200 AMP $175 $175
(c) Any new circuits added to above price is per each up to a maximum of $80.00 $20 $20
(d) Minimum fee for remodel/addition of new circuits without a service charge $165 $165
(ii) Multi‐Family, Commercial and Industrial Fees:
(1) Value of work:
$1.00 to $500.00 $63 $63
$500.01 to $1,000.00 $47 + 3.5% of
value
$47 + 3.5% of
value
* Building Plan Check Fee is in addition to the building permit fees and combination building permit fees. The plan check
fee is equal to 65% of the building permit fee or the combination building permit fee. Includes three (3) review cycles.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
1. Building Fees (Continued):
$1,000.01 to 5,000.00 $82 + 3.05% of
value
$82 + 3.05% of
value
$5,000.01 to $50,000.00 $234 + 1.8% of
value
$234 + 1.8% of
value
$50,000.01 to $250,000.00 $1,127 + 1.05% of
value
$1,127 + 1.05% of
value
$250,000.01 to $1,000,000.00 $3,752 + 0.85% of
value
$3,752 + 0.85% of
value
$1,000,000.01 and up $12,152 + 0.47% of
value
$12,152 + 0.47% of
value
(iii) Temporary Electrical Services $165 $165
(iv) Miscellaneous Electrical Fees
(1) Job Trailers $165 $165
(2) Signs per each $165 $165
(3) Mobile Homes $165 $165
(4)50% of commercial
fees Minimum $165
50% of commercial
fees Minimum $165
g.House Moving* ‐ minimum per hour Inspection Fee:$150 $150
h.Inspection Fee For Condominium Conversions $150 on 1st unit /
$20 each add'l unit
$150 on 1st unit /
$20 each add'l unit
i.Manufactured/Mobile Home Installation Fees*:
(i) Within a manufactured home park $150 $150
(ii) Outside of a manufactured home park Building Permit
Fees
Building Permit
Fees
j.Mechanical Permit Fees:1
(i) Residential ‐ Mechanical Permit base fee plus itemized fees below:$52 $52
(1)$20 $20
(2) Boiler or Compressor $20 $20
(3)$20 $20
(4) Ventilation/exhaust fan $20 $20
(5) Fuel Gas Piping (each gas piping system up to 6 outlets)$20 $20
(ii) Commercial or Multi‐Family ‐ Mechanical Permit base fee plus itemized fees below:$75 $75
(1)$35 $35
(2) Boiler or Compressor $75 $75
(3) Refrigeration System $75 $75
(4)$75 $75
(5) Incinerator: Installation or relocation of each $100 $100
(6)$35 $35
(7) Fuel Gas Piping (each gas piping system up to 6 outlets)$35 $35
k.Plumbing Permit Fees:1
(i) Residential ‐ Plumbing Permit base fee plus itemized fees below:$52 $52
(1)$10 $10
(2) Water Service: For meter to house $10 $10
(3) Per fixture for repair or alteration of drainage or vent piping $10 $10
(4) Per drain for rainwater systems $10 $10
(5) Per lawn sprinkler system, includes backflow prevention $10 $10
(6) Per vacuum breaker or backflow protection device on tanks, vats, etc.$10 $10
(7) Per interceptor for industrial waste pretreatment $10 $10
(8) Fuel Gas Piping: (each gas piping system up to 6 outlets)$20 $20
(ii) Commercial or Multi‐Family: Plumbing Permit base fee plus itemized fees below:$75 $75
(1)Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap $15 $15
(2) Water Service: For meter to building $15 $15
(3) Per fixture for repair or alteration of drainage or vent piping $15 $15
Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.). A/C system (air
conditioner, chiller or Air Handling Unit (VAV) including ducts and vents)
Commercial Hood: Installation of each served by a mechanical exhaust, including the ducts for such hood each
Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for
which no other fee is listed in this code
Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap
Low Voltage Work (e.g., alarm systems; thermostats; computer, data, or phone lines; fiber optics, cable
television, etc.)
Exemption: Residential telephone communication systems, thermostats, security systems, and cable television installations
*This covers only the Building Section inspection of the structure prior to move. There is a separate additional fee charged
by the Public Works Department to cover the actual house move permit. A building permit is also required in order to site
the structure on the new site.
* Includes plan review and inspection fees for the foundation (electrical, plumbing, mechanical, sewer and water
connection fees are in addition to the below amounts).
Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.). A/C system (air
conditioner, chiller or Air Handling Unit (VAV) including ducts and vents)
Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for
which no other fee is listed in this code
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
1. Building Fees (Continued):
(4) Per drain for rainwater systems $15 $15
(5) Per lawn sprinkler system, includes backflow prevention $15 $15
(6) Per vacuum breaker or backflow protection device on tanks, vats, etc.$15 $15
(7) Per interceptor for industrial waste pretreatment $15 $15
(8) Fuel Gas Piping: (each gas piping system up to 6 outlets)$25 $25
(9) Medical Gas Piping: (each gas piping system up to 6 outlets)$75 $75
l.Sign Permit Fees:
(i) Permanent Signs:
(1) Roof, projecting, awning, canopy, marquee, and wall signs $250 $250
(2) Freestanding ground and pole signs $250 $250
(ii) Temporary and Portable Signs:
(1) Real Estate Directional Signs, pursuant to RMC 4‐4‐100J2, permit valid for a 12‐months period $75 $75
(2) Grand Opening Event Signs, pursuant to RMC 4‐4‐100J6d(i) $75 $75
(3) Event Signs, pursuant to RMC 4‐4‐100J6d(ii) and (iii) per sign, per promotion $50 $50
(4)$125 $125
(5) Commercial Property Real Estate Banner each sign permit is valid for 12 months.$75 $75
(6) Decorative Flags fee is per entrance and valid until flag(s) are removed $75 $75
(iii) Request for Administrative Modifications of City Center Sign Regulations per RMC 4‐4‐100H9:$250 $250
m.Miscellaneous Fees:
(i) Inspection Fees:
(1) Minimum Housing Inspection $125 $125
(2) WABO ‐ Adult Family Home; Misc building inspection $125 $125
(3) Reinspection Fee; Misc building inspection $125 $125
(ii) Plan Review Fees:
(1) Electrical, Plumbing, or Mechanical Permits (percentage of permit fee)40% 40%
(2) Additional Plan Review Fees: Over three review cycles (percentage of plan review fee)50% 50%
(3) Miscellaneous Plan Review: hourly fee.$125/hr $125/hr
(iii)2 X Permit Fee 2 X Permit Fee
2. Land Use Review Fees:
a.General Land Use Review:
(i) Additional Animals Permit $50 $50
(ii) Address Change $100 $100
(iii) Annexation:
(1) Less than 10 acres $5,000 $5,000
(2) 10 acres or more $5,000 $5,000
(iv) Appeal (or reconsideration) of:
(1) Hearing Examiner's Decision $500 $500
(2) Administrative Decision $500 $500
(3) Environmental Decision $500 $500
(v) Binding Site Plan (total fee for both preliminary and final phases)$5,140 $5,280
(vi) Code Text Amendment N/C N/C
(vii) Comprehensive Plan Map or Text Amendment (each)$5,000 $5,000
(viii) Conditional Use Permit:
(1) HEX $3,080 $3,170
(2) Administrative
3 $1,540 $1,580
(ix) Critical Areas Exemption N/C N/C
(x) Critical Areas Permit $1,200 $1,200
(xi)100% of 100% of
contract cost contract cost
(xii) Development Agreement $10,000 $10,000
(xiii)100% of cost 100% of cost
(xiv) Environmental Checklist Review $1,540 $1,580
(xv) Environmental (SEPA) Addendum $1,540 $1,580
(xvi) Fence Permit (special)$150 $150
(xvii) Grading and Filling Permit (Hearing Examiner)$5,140 $5,280
(xviii) Landscape Review Fee $150 $150
(xix) Legal Lot Segregation N/C N/C
(xx) Lot Consolidation $500 $500
(xxi) Lot Line Adjustment $1,030 $1,060
(xxii)Manufactured/Mobile Home Park:
(1) Tentative $1,030 $1,060
(2) Preliminary $3,080 $3,170
(3) Final $1,540 $1,580
(xxiii)Open Space Classification Request $150 $150
(xxiv) Plats:
(1) Short Plat (total fee for both preliminary and final phases)$5,140 $5,280
(2) Preliminary $10,280 $10,570
(3) Final Plat $5,140 $5,280
A‐Frame Signs, pursuant to RMC 4‐4‐100J5 Charge is for the first sign, all subsequent signs are $50.00
Work commencing before permit Issuance: Where work for which the permit is required is started prior to
obtaining the permit, a special investigation fee in an amount equal to twice the permit fee shall be charged. The
special investigation fee shall be paid in addition to the required permit fees.
1Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more
lots and vested as of the adoption date of Res. 4359, through December 31, 2020.
Critical Areas Review Fee: for those projects that propose impacts to critical areas and will be billed at the cost of
contract biologist’s review.1
Environmental Impact Statement Cost include the coordination, review and appeal. Draft and Final 2
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
2. Land Use Review Fees (Continued):
(xxv) Planned Urban Development:
(1) Preliminary Plan $5,140 $5,280
(2) Final Plan $2,570 $2,640
(3) Reasonable Use Exception:
(a) In conjunction with land use permit $500 $500
(b) Stand alone $1,500 $1,500
(xxvi) Public Arts Exemption N/C N/C
(xxvii) Rezone $5,000 $5,000
(xxix) Routine Vegetation Management Permit without Critical Areas $100 $100
(xxx) Shoreline‐Related Permits:
(1) Shoreline Permit Exemption N/C N/C
(2) Substantial Development Permit $2,570 $2,640
(3) Conditional Use Permit $3,080 $3,170
(4) Variance $3,080 $3,170
(xxxi) Site Development Plan (Site Plan or Master Plan
which includes design review fee for projects subject to RMC 4‐3‐100):
(1) Hearing Examiner Review $3,600 $3,700
(2) Administrative Review $2,570 $2,640
(3) Modification (minor, administrative) $250 $250
(4)
Application Application
Fees Fees
(xxxii) Small Cell Permit, per site 4 $500 $500
(xxxiii) Special Permit (Hearing Examiner) $2,570 $2,640
(xxxiv) Street Naming (Honorary)
(1) Application $250 $250
(2) Installation $250 $250
(xxxv) Temporary Use Permits:
(1) Tier 1 $100 $100
(2) Tier 2 $200 $200
(xxxvi) Variance (per each variance requested) Administrative or Hearing Examiner $1,300 $1,300
(xxxvii) Waiver or Modification of Code Requirements cost is per request $250 $250
(xxxviii) Zoning Compliance Letter $460 $470
b.
3. Public Works Fees:
a.Franchise Application Fee*$5,000 $5,000
b.Franchise Permit Fees: 1,2
(i) Small work, including trenching less than 60 linear feet or installation of 6 or less utility poles $600 $600
(ii) All other work permit fee plus $60 per hour of inspection.$600 $600
1Bond required pursuant to RMC 9‐10‐5
c.Latecomers' Agreement Application Fees:
(i) Processing fee* (Nonrefundable)
(1) If amount covered by latecomers’ is $50,000 or less $1,000 $1,000
(2) If amount covered by latecomers' is between $50,000 and $200,000 $2,000 $2,000
(3) If amount covered by latecomers' is greater than $200,000 $4,000 $4,000
(ii) Latecomers' Agreement – Administration and collection fee
(1) if amount covered by latecomers' is $50,000 or less 15% of total 15% of total
2When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS
shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the
applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine
that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such
consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC
shall refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of
meeting the public notice requirements of this Title relating to the applicant’s proposal. The City shall not collect a fee for performing its duties as a consulted agency. The
City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW.
3Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or more
lots and vested as of the adoption date of Res. 4359, through December 31, 2020.
4Prior to issuance of a small cell permit, the applicant shall pay the actual administrative expenses incurred by the City that are directly related to the City's review of the
application, including plan inspection, and approval, as authorized by RCW 35.21.860(1)(b), as may be amended.
*The fixed application fee established herein is intended to cover the City’s internal administrative costs in processing and
administering the franchise. In addition to the fixed application fee, the City may require applicants to either directly pay
or reimburse the City for external costs reasonably incurred to process the application and/or administer the franchise
agreement. The City may require applicants to deposit funds in advance to cover legal and/or other professional services
fees as they are incurred.
If a franchise agreement does not specify the fee amount, the generic fee, as identified in the following table, shall be collected:
2The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and
expenses directly to the applicant.
Modification (major) required new application and repayment of fee required
Exception for Projects Vested in the County: For those projects that have vested to a land use permit under the development
regulations of King County, the King County Land Use Review Fee Schedule shall apply, and is hereby adopted by reference. A
copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk’s office for public review.
1Per RMC 4‐3‐050F7, the City may charge and collect fees from any applicant to cover costs incurred by the City in review of plans, studies, monitoring reports and other
documents related to evaluation of impacts to or hazards from critical areas and subsequent code‐required monitoring.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
3. Public Works Fees (Continued):
(2) If amount covered by latecomers' is between $50,000 and $200,000 10% of total 10% of total
(3) If amount covered by latecomers' is greater than $200,000 5% of total 5% of total
(iii) Segregation processing fee, if applicable $750 $750
d.System Development Charge Tables:
(i) Water and Wastewater System Development Charges:
(1) 5/8 x 3/4 inch and 1 inch:
(a) Water service fee3 $4,050 $4,400
(b) Fire service fee 1,2 $518 $563
(c) Wastewater fee3 $3,100 $3,400
(2) 1‐1/2 inch:
(a) Water service fee3 $20,250 $22,000
(b) Fire service fee 1,2 $2,591 $2,815
(c) Wastewater fee3 $15,500 $17,000
(3) 2 inch:
(a) Water service fee3 $32,400 $35,200
(b) Fire service fee 1,2 $4,146 $4,504
(c) Wastewater fee3 $24,800 $27,200
(4) 3 inch:
(a) Water service fee3 $64,800 $70,400
(b) Fire service fee 1,2 $8,292 $9,008
(c) Wastewater fee3 $49,600 $54,400
(5) 4 inch:
(a) Water service fee3 $101,250 $110,000
(b) Fire service fee 1,2 $12,956 $14,075
(c) Wastewater fee3 $77,500 $85,000
(6) 6 inch:
(a) Water service fee3 $202,500 $220,000
(b) Fire service fee 1,2 $25,911 $28,150
(c) Wastewater fee3 $155,000 $170,000
(7) 8 inch:
(a) Water service fee3 $324,000 $352,000
(b) Fire service fee 1,2 $41,458 $45,041
(c) Wastewater fee3 $248,000 $272,000
(ii) Storm Water System Development Charges:
(1) New single family residence (including mobile/manufactured homes)3 $1,800 $1,900
(2)
(3)$0.720 $0.760
per sq foot per sq foot
e.Administrative Fees for SDC Segregation Request* $750 +
administrative costs
$750 +
administrative costs
f.
(i) Water Construction Permit Fees:1
(1) Water meter tests for 3/4” to 2" meter $50 $50
(a) Water meter tests on meters 2" or larger $60 deposit + time
and materials
$60 deposit + time
and materials
(b) Open and close fire hydrants for fire flow tests conducted by others. Time and materials Time and materials
(c) Water service disconnection (cut at main)$275 $275
(d) Meter resets $95 $95
(e) Repair of damage to service $250 $250
(f) Water main connections $560 $560
(g) Water main cut and cap $1,025 $1,025
(h) Water quality/inspection/purity tests $80 $80
$0.760 per sq foot
All other uses charge per square foot of new impervious surface, but not less than $1,800 (2019) or $1,900
(2020)
1 Based upon the size of the fire service (NOT detector bypass meter)
2 Unless a separate fire service is provided, the system development charge(s) shall be based upon the size of the meter installed and a separate fire service fee will not
be charged.
3Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or
more lots and vested as of the adoption date of Res. 4359, through December 31, 2020.
*The applicant shall pay the City’s administrative costs for the preparation, processing and recording of the partial payment
of the fee(s). If the same segregation is used for more than one utility’s special assessment district, and/or latecomer’s
charge, then only one administrative fee is collected.
*The administration and collection fee is deducted from each individual latecomer fee payment and the balance forwarded
to the holder of the latecomer’s agreement pursuant to RMC 9‐5, Tender of Fee.
Addition to existing single family residence greater than 500 square feet (including mobile/manufactured
homes) Fee not to exceed $1,800 (2019) or $1,900 (2020)
$0.720 per sq foot
Public Works Construction Permit Fees:
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
3. Public Works Fees (Continued):
(i) Specialty water tests (lead, copper, etc) Cost of test + $70
processing fee
Cost of test + $70
processing fee
(j) Water turn ons/offs after hours $185 $185
(k) Installation of isolation valve. $2,000 deposit +
time and materials
$2,000 deposit +
time and materials
(l)$250 + $0.15 $250 + $0.15
per lineal per lineal
foot foot
(m) Miscellaneous water installation fees. Time and materials Time and materials
(n) Service size reductions $50 $50
(o) Installation fees for ring and cover castings $200 $200
(2) Water meter installation fees – City installed:
(a) 3/4” meter installed by City within City limits. Installation of stub service and meter setter only.$2,875 $2,875
(i) 3/4" meter drop in only $400 $400
(b) 3/4” meter installed by City outside City limits. Installation of stub service and meter setter only.$2,935 $2,935
(i) 3/4" meter drop in only $400 $400
(c) 1” meter installed by the City. Installation of stub service and meter setter only.$2,875 $2,875
(i) 1" meter drop in only $460 $460
(d) 1‐1/2" meter installed by the City. Installation of stub service and meter setter only.$4,605 $4,605
(i) 1‐1/2” meter drop in only $750 $750
(e) 2” meter installed by the City. Installation of stub service and meter setter only.$4,735 $4,735
(i) 2" meter drop in only $950 $950
(3)$220 $220
(4) Hydrant Meter fees:
(a) Hydrant meter permit fee $50 $50
(b) Deposits:
(i) 3/4” meter and backflow prevention assembly.$500 $500
(ii) 3” meter and backflow prevention assembly.$2,000 $2,000
(iii) Deposit processing charge, nonrefundable.$25 $25
(c) Meter rental (begins on day of pickup):
(i) 3/4” meter and backflow prevention assembly. Per month.$50 $50
(ii) 3” meter and backflow prevention assembly. Per month.$250 $250
(ii) Wastewater and Surface Water Construction Permit Fees:1
(1) Residential:
(a) Wastewater permit fee $350 $375
(b) Surface water permit fee $350 $375
(2) Commercial:
(a) Wastewater permit fee $350 $375
(b) Surface water permit fee $350 $375
(3) Industrial:
(a) Wastewater permit fee $350 $375
(b) Surface water permit fee $350 $375
f.
(ii) Wastewater and Surface Water Construction Permit Fees:1 (continued)
(4) Repair of any of the above
(a) Wastewater permit fee $350 $375
(b) Surface water permit fee $350 $375
(5) Cut and cap/Demolition permit:
(a) Wastewater permit fee $350 $375
(b) Surface water permit fee $350 $375
(6)$350 $375
(7)$350 $375
plus King County plus King County
sewer rate sewer rate
on discharged on discharged
amount amount
(iii) Right‐of‐way Permit Fees:
(1) Single family residence $325 $325
(2) All other uses, excluding those listed $625 $625
(3) Wastewater or storm water service $350 $375
(4) King County ROW Permits/Inspections:
(a) Service Installation Only $1,025 $1,025
(b) Utility Extension per 100' of Length (Min 200' Length)$1,025 $1,025
Ground water discharge (temporary connection to wastewater system for discharge of contaminated ground
water over 50,000 gallons) Rate plus billed for current Renton and King County sewer rate on discharged
amount (meter provided by property owner)
Work in right‐of‐way – construction permit: Utility and street/sidewalk improvements: A bond is required, as
stipulated in RMC 9‐10‐5, Street Excavation Bond.
New water line chlorination fee. Fee plus $0.15 per lineal foot for any footage after
the first two hundred fifty (250) lineal feet
Water meter processing fees – Applicant installed: For meters larger than 2”, the applicant must provide materials
and installs.
Public Works Construction Permit Fees: (continued)
Reinspection for Wastewater or Surface Water Permits
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
3. Public Works Fees (Continued):
(iv)$525 $525
(v)
(1) Standard locate $500 $500
(2) Large project locate $1,000 $1,000
g.
(i)
(1) $150,000.00 or less 6% of cost 6% of cost
(2) Over $150,000.00 but less than $300,000.00.
$9,000 + 5% over
$150,000
$9,000 + 5% over
$150,000
(3) $300,000.00 and over. $16,500 + 4% over
$300,000
$16,500 + 4% over
$300,000
(ii)Standard or minor drainage adjustment review $550 $550
h.Grade and Fill License Fees: Fees shall be based on Tier.
Grade and Fill Quantity
New or Replaced
Hard Surface
Tier
< 50 cy < 2,000 sf 0
50 cy ‐ 499 cy 2,000 sf ‐ 4,999 sf 1
500 cy ‐ 4,999 cy 5,000 sf ‐ < 1 ac 2
5,000 cy ‐ 49,999 cy 1 ac ‐ < 2.5 ac 3
50,000 cy ‐ 99,999 cy 2.5 ac ‐ < 5 ac 4
100,000 cy and larger 5 ac and larger 5
(i) Review/Intake Fee:
(1) Tier 0 N/A N/A
(2) Tier 1 $466 $466
(3) Tier 2 $621 $621
(4) Tier 3 $932 $932
(5) Tier 4 $1,242 $1,242
(6) Tier 5 $1,553 $1,553
(ii) Inspection/Issuance Fee:
(1) Tier 0 N/A N/A
(2) Tier 1 $444 $444
(3) Tier 2 $887 $887
(4) Tier 3 $1,183 $1,183
(5) Tier 4 $2,366 $2,366
(6) Tier 5 $3,550 $3,550
h. Grade and Fill License Fees: Fees shall be based on Tier. (continued)
(iii) Solid Waste Fills:1.5 x plan 1.5 x plan
check fee check fee
(iv) Annual Licenses of Solid Waste Fills: 1.5 x plan 1.5 x plan
check fee check fee
i.
(i) Filing fee $250 $250
(ii) Processing fee $250 $250
j.
(i) Single family and two family uses annually, fee plus leasehold excise tax 1 if applicable $10.00 + LET1 $10.00 + LET1
(ii)0.5% x Value2 LET1 0.5% x Value2 LET1
Street light system fee, per new connection to power system
Exception: No permit fee shall be charged for individual homeowners for work in street rights‐of‐way for street tree or parking strip irrigation systems. No permit fee
shall be charged for moving pods or moving trucks in the right‐of‐way provided that they are in the right‐of‐way for no more than three (3) days.
1Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or
more lots and vested as of the adoption date of Res. 4359, through December 31, 2020.
Utility Locate Refresh Fee (Fee is due each time excavator calls in for locate refresh during 45‐day locate ticket)
< 7,000 sf
7,000 sf ‐ < 3/4 acre
3/4 ac ‐ < 1 ac
1 ac ‐ < 2.5 ac
2.5 ac ‐ < 5 ac
5 ac and larger
Public works plan review and inspection fees 1,3: All developers, municipal or quasi‐municipal entities, or utility corporations or
companies, except those specifically exempted, shall pay fees under this Section. Exempted entities include City‐franchised
cable TV, cable modem, natural gas, telecommunications, and electrical power. The fee will be based upon percentages of the
estimated cost of improvements using the following formula.Street and utility plan review and inspection fees; estimated construction cost 2: The applicant must submit
separate, itemized cost estimates for each item of improvement subject to the approval by the Public Works Plan
Review Section.
1Includes three (3) review cycles. Additional reviews will be charged $1,500 each.
2Construction cost shall be based on the City's bond quantity worksheet and shall include all project related improvements outside of the building envelopes, including,
but not limited to, all costs required to construct the following: paved parking lots, private sidewalks or walkways; private and public storm water management
facilities; temporary erosion and sedimentation control facilities; water quality facilities; public and private streets; public and private sanitary sewers; public water
main improvements; required off‐site street, bike and pedestrian improvements; street lighting improvements; required landscaping and street tree improvements;
and site grading and mobilization costs.3If deemed necessary by the City in its sole discretion, the City will contract with one or more consultants to provide plan reviews and/or inspections with the related
costs and expenses payable by the applicant.
Cleared or
Disturbed Area
The plan check fee for solid waste fills shall be one and one‐half (1‐1/2) times the plan checking fees listed above.
The fee for a grading license authorizing additional work to that under a valid license shall be the difference
between the fee paid for the original license and the fee shown for the entire project.
The fee for annual licenses for solid waste fills shall be one and one‐half (1‐1/2) times the plan checking fees listed
above. The fee for a grading license authorizing additional work to that under a valid license shall be the difference
between the fee paid for the original license and the fee shown for the entire project. Any unused fee may be
carried forward to the next year. If any work is done before the license is issued, the grading license fee shall be
doubled.
Release of easement fees: The imposition, collection, payment and other specifics concerning this charge are detailed in
chapter 9‐1 RMC, Easements.
Revocable Right‐of‐way Permit Fees:
All uses without public benefit fee is a per month charge based on property value 2 of land to be utilized, plus
leasehold excise tax1, if applicable.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
3. Public Works Fees (Continued):
(iii)
(iv) Insurance Required:
(v) Exception for Public Agencies:
2Right‐of‐way value shall be based on the assessed value of the land adjoining the property as established by the King County Assessor
k.
(i) Filing fee $500 $500
(ii)
Appraised Value of Vacated right‐of‐way:
(1) Less than $25,000 $750 $750
(2) $25,000 to $75,000 $1,250 $1,250
(3) Over $75,000 $2,000 $2,000
l.
(i)
(ii)
(iii)
m.Water or Sewer ‐ Redevelopment:
(i) Fee(s) based upon meter(s) proposed for final project minus fee(s) based upon meter existing on site.
n.Miscellaneous Fees:
(i) Re‐inspection Fee $125 $125
(ii) Plan Revision following Permit Issuance:
(1)$250 $250
(2)$1,500 $1,500
(iii) Street Frontage Improvements Fee‐In‐Lieu:
(1) Street with existing storm drainage main line $110/LF $113/LF
(2) Street with existing conveyance ditch $125/LF $128/LF
(iv)$125/hr $125/hr
(v)Actual cost Actual cost
4. Technology Surcharge Fee
5.0% 5.0%
5. Impact Fees:
a. School Impact Fees:
(i) Issaquah School District
(1) Single Family Fee $15,276 $14,501
(2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$4,399 $9,583
(ii) Kent School District
(1) Single Family Fee $5,397 $5,554
(2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$2,279 $2,345
(iii) Renton School District
(1) Single Family Fee $6,877 $6,862
(2) Multi Family, Duplex, & Accessory Dwelling Fee (ADU)$2,455 $3,582
0.5% x Value2 LET1 0.5% x Value2 LET1
Public Liability and property damage insurance is also required pursuant to RMC 9‐2‐5B, Minimum Permit
Requirements for Excess Right‐of‐Way Use.
a no‐fee permit may be issued only when the applicant is a public agency and when the proposed use of the right‐
of‐way provides a direct service to the public (e.g., Metro applications for right‐of‐way for bus shelters).
1There is hereby levied and shall be collected a leasehold excise tax on that act or privilege of occupying or using public owned real or personal property through a
leasehold interest at the rate established by the State of Washington
Street and Alley vacation Fees: The imposition, collection, payment and other specifics concerning this charge are detailed in
chapter 9‐14 RMC, Vacations.
Uses with public benefit fee is a per year of assessed value of land adjoining the property, plus leasehold excise tax 1,
if applicable. In no case less than $10.00.
30% of system
development
charge
30% of system
development
charge
Wastewater Fee; Annual fee equal to thirty percent (30%) of the current system development charge applicable to
the size of the temporary domestic water meter(s).*
30% of system
development
charge
30% of system
development
charge
Processing and completion fee, payable upon Council approval of the vacation and upon administrative
determination of appraised value of vacated right‐of‐way.
Temporary connections to a City utility system may be granted for a one‐time, temporary, short‐term use of a portion of the
property for a period not to exceed three (3) consecutive years:
Storm Water Fee; Fee equal to thirty percent (30%) of the current system development charge applicable to that
portion of the property.*
*Fee shall be paid annually (non‐prorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit
to the system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and
a boundary line of the proposed development service area for use in the fee determination.
Credit for existing water or sewer service: Any parcel that currently has water and or sewer service is eligible for a prorated
system development charge.
Minor (Results in a change 10% or less than the cost of construction based on the City's bond quantity
worksheet. Excludes minor adjustments that are approved by the City to be shown on record drawings.)
Major (Results in a change of greater than 10% of the cost of construction based on the City's bond quantity
worksheet.)
After hours inspection (applies to inspections performed on Saturdays, Sundays, observed City of Renton holidays,
and non‐holiday Monday‐Fridays outside the hours of 7:00am to 3:30pm)
Public Works Reimbursement (any work performed by City forces or under City contract on behalf of a permit
applicant to repair damage to the City infrastructure caused by the permit applicant or contractor under its control,
or any and all roadway or right‐of‐way cleanup efforts performed by City forces or under City contract that resulted
from the work performed by the permit applicant or contractors under its control.
Water Fee; Annual fee equal to thirty percent (30%) of the current system development charge applicable to the
size of the temporary water meter(s).*
30% of system
development
charge
30% of system
development
charge
An additional technology surcharge shall be required for all fees included in the following Subsections of Section XII, Development
Fees, of the City of Renton Fee Schedule Brochure: Subsection 1, Building Fees; Subsection 2, Land Use Review Fees, except for
appeals, critical areas review fee, and direct EIS costs; Subsections b, e, f, g and h of subsection 3, Public Works Fees; and Section
XIII, Fire Department Fire Marshall Fees
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XII. DEVELOPMENT FEES (CONTINUED)2019 2020
5. Impact Fees (Continued):
b. Transportation Impact Fees:1
(i) Light Industrial, per sq foot $6.84 $6.84
(ii)Apartment, per dwelling & Accessory Dwelling Unit (ADU) $4,836.31 $4,836.31
(iii) Church, per sq foot $3.86 $3.86
(iv)Coffee/Donut Shop, no drive up, per sq foot $159.19 $159.19
(v)Coffee/Donut Shop, with drive up, per sq foot $167.21 $167.21
(vi) Condominium & Duplexes per dwelling $4,064.56 $4,064.56
(vii)Convenience market ‐ 24 hour, per sq foot $159.71 $159.71
(viii)Daycare, per sq foot $70.39 $70.39
(ix)Drinking Place, per sq foot $44.31 $44.31
(x)Drive‐in bank, per sq foot $100.64 $100.64
(xi)Fast food, no drive‐up, per sq foot $102.14 $102.14
(xii) Fast food, with drive‐up, per sq foot $130.12 $130.12
(xiii)Gas station with convenience store, per pump $47,025.42 $47,025.42
(xiv)Gas station, per pump $62,872.06 $62,872.06
(xvi) General office, per sq foot $10.50 $10.50
(xvii)Health/fitness club, per sq foot $25.93 $25.93
(xviii) Hospital, per sq foot $5.62 $5.62
(xix)Hotel, per room $3,087.01 $3,087.01
(xx) Manufacturing, per sq foot $5.16 $5.16
(xxvi)Marina, per boat berth $1,646.41 $1,646.41
(xxi) Medical office, per sq foot $23.72 $23.72
(xxii) Mini‐warehouse, per sq foot $1.86 $1.86
(xxiii)Mobile home, per dwelling $4,630.52 $4,630.52
(xxiv) Motel, per room $2,829.76 $2,829.76
(xxv)Movie theater, per seat $463.06 $463.06
(xxvii)Nursing home, per bed $1,286.25 $1,286.25
(xxviii) Restaurant: sit‐down, per sq foot $43.89 $43.89
(xxix)Senior housing ‐ attached, per dwelling $2,109.46 $2,109.46
(xxx) Shopping center, per sq foot $19.14 $19.14
b. Transportation Impact Fees: (continued)00
(xxxi)Single family house, per dwelling $7,820.42 $7,820.42
(xxxii) Supermarket, per sq foot $47.39 $47.39
c.Park Impact Fees:1
(i) Single family $3,945.70 $3,945.70
(ii) Multi‐family: 2 units, Duplexes, & Accessory Swelling Unit (ADU) $3,202.98 $3,202.98
(iii) Multi‐family: 3 or 4 units $3,048.25 $3,048.25
(iv) Multi‐family: 5 or more units $2,676.89 $2,676.89
(v) Mobile home $2,800.67 $2,800.67
d.Fire Impact Fees:
(i) Residential ‐ single family (detached dwellings & duplexes), per dwelling unit $829.77 $829.77
(ii) Residential ‐ multi family & Accessory Dwelling Unit (ADU), per dwelling unit $964.53 $964.53
(iii) Hotel/motel/resort, per sq foot $1.29 $1.29
(iv) Medical care facility, per sq foot $3.92 $3.92
(v) Office, per sq foot $0.26 $0.26
(vi) Medical/dental office, per sq foot $1.99 $1.99
(vii) Retail, per sq foot $1.25 $1.25
(viii) Leisure facilities, per sq foot $2.36 $2.36
(ix) Restaurant/lounge, per sq foot $5.92 $5.92
(x) Industrial/manufacturing, per sq foot $0.15 $0.15
(xi) Church, per sq foot $0.56 $0.56
(xii) Education, per sq foot $0.72 $0.72
(xiii) Special public facilities, per sq foot $4.48 $4.48
*(i)‐(ii) is per unit
*(iii)‐(xiii) is per square foot
SECTION XIII. FIRE DEPARMENT FIRE MARSHALL FEES (RFA)2019 2020
a.Fire plan review and inspection fees:
(i) $0 to $249.99 $35 $35
(ii) $250.00 to $999.99 $35 + 2%
of the cost
$35 + 2%
of the cost
(iii) $1,000.00 to $4,999.99 $60 + 2%
of the cost
$60 + 2%
of the cost
(iv) $5,000.00 to $49,999.99 $175 + 1.5%
of the cost
$175 + 1.5%
of the cost
(v) $50,000.00 to $99,999.99 $400 + 1.2%
of the cost
$400 + 1.2%
of the cost
(vi) $100,000.00 and above $900 + .75%
of the cost
$900 + .75%
of the cost
1Per Resolution 4359, fees for an Accessory Dwelling Unit (ADU) will be assessed at 50%; fees will be waived for every third ADU created within a subdivision of ten or
more lots and vested as of the adoption date of Res. 4359, through December 31, 2020.
AGENDA ITEM # 8. a)
City of Renton Fee Schedule
2019‐2020
SECTION XIII. FIRE DEPARMENT FIRE MARSHALL FEES (RFA) (CONTINUED)2019 2020
(vii)$125 $125
(viii)
(ix)
(x) Preventable Fire alarm fee:
(1) First, second, and third preventable alarms N/C N/C
(2) Fourth and fifth preventable alarms in a calendar year, fee is per each alarm.$75 $75
(3)$150 $150
(xi) Late Payment Penalty $35 $35
b.Fire Permit type:
(i)$100 $100
(ii) Hazardous materials and HPM facilities yearly $175 $175
(iii) Construction permit:
(iv) Replacement for lost permit, per each $35 $35
(v)
(vi) Underground tank removal permit (commercial) See Fire plan
review and
construction permit
fees
See Fire plan
review and
construction permit
fees
(vii) Underground tank removal or abandonment‐in‐ place permit (residential)$84 $84
(viii)$125 $125
(ix) NSF check fees $25 $25
(xi)3% 3%
$250
Construction Re‐inspection. Fee is per hour with a 2 hour minimum. The minimum may be assessed if the requested
inspection does not meet the approval of the inspector.
Violation/Second Re‐Inspection after 30‐day period (whenever 30 days or more have passed since Fire Department
notification of a violation, which required a first re‐inspection, and such violation has not been remedied or granted
an extension)
$150 $150
Sixth preventable alarm and successive preventable alarms in a calendar year, fee is per each alarm.
Operational fire code permit (issued in accordance with Section 105.6 of the IFC) fee is yearly (includes items such
as fire special events, covered stages, mobile food facilities, hot works, etc.)
20% of plan review
fee ‐ Min. $52
Third Re‐Inspection/Pre‐Citation Follow‐Up Inspection when re‐inspections are required beyond the first and
second re‐inspections
$250
Other requested inspection when not required by the fire code. Fee is per hour with a minimum 1 hr when
RFA technology surcharge fee applied to Fire Department Fire Marshal Fees, subsection a. (i, ii, iii, iv, v, vi) and
subsection b. (iii)
20% of plan review
fee ‐ Min. $52
Hazardous production materials permit (for businesses storing, handling, or using hazardous production materials as
regulated in the fire code) permit is yearly
$175 $175
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2019/2020 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5898, IN THE AMOUNT OF $137,996,543.
WHEREAS, on November 19, 2018, the City Council adopted Ordinance No. 5898 adopting
the City of Renton’s 2019/2020 Biennial Budget; and
WHEREAS, on April 22, 2019, the Council adopted Ordinance No. 5924 carrying forward
funds appropriated in 2018, but not expended in 2018 due to capital project interruptions and
delays in invoice payments, which needed to be carried forward and appropriated for
expenditure in 2019, which required an adjustment to the 2019/2020 Biennial Budget; and
WHEREAS, on July 15, 2019, the Council adopted Ordinance No. 5930 making minor
corrections and recognizing grants, contributions and associated costs and new cost items not
previously included in the budget, which required additional adjustments to the 2019/2020
Biennial Budget; and
WHEREAS, Ordinance No. 5930 also adopted amended job classifications and pay ranges
for City employees for 2019; and
WHEREAS, on November 18, 2019, the Council adopted Ordinance No. 5939, providing a
mid‐biennial review pursuant to Chapter 35A.34 RCW, renaming the 1% For Arts Fund 125 to
Municipal Arts Fund 125, and adopting amended job classifications and pay ranges for City
employees for 2019/2020; and
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
WHEREAS, funds appropriated in 2019, but not expended in 2019 due to capital project
interruptions and delays in invoice payments, need to be carried forward and appropriated for
expenditure in 2020 requiring an adjustment to the 2019/2020 Biennial Budget; and
WHEREAS, minor corrections and the recognition of grants, contributions and associated
costs, and new cost items not previously included in the budget require additional adjustments
to the 2019/2020 Biennial Budget; and
WHEREAS, it is necessary to amend the 2019/2020 Biennial Budget to create the
following new funds: Economic Development Reserve Fund 098, Police Seizure Fund 140, Police
CSAM Seizure Fund 141, REET 1 Fund 308, and REET 2 Fund 309, to better track the resources
and costs of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. To carry forward funds appropriated in 2019 but not spent in 2019; make
minor corrections and recognize grants, contributions and associated cost items not previously
included in the 2019/2020 Biennial Budget; and to create the Economic Development Reserve
Fund 098, Police Seizure Fund 140, Police CSAM Seizure Fund 141, REET 1 Fund 308, and REET
Fund 309, the City of Renton’s 2019/2020 Biennial Budget, originally adopted in Ordinance No.
5898, is hereby amended in the total amount of $137,996,543 for an amended total of
$845,572,113 over the biennium.
SECTION II. The City Council hereby adopts the amended 2019/2020 Biennial Budget.
The 2020 Carry Forward/1st Quarter Budget Adjustment Summary by Fund is attached as Exhibit
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
A and the 2019 Adjusted Budget Summary by Fund is attached as Exhibit B. Detailed lists of
adjustments are available for public review in the Office of the City Clerk, Renton City Hall.
SECTION III. This ordinance shall be 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 ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _______________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2103:4/1/20
AGENDA ITEM # 8. b)
ORDINANCE NO. _______ 4 Exhibit A: 2020 Carry Forward/1st Quarter Budget Adjustment Summary by Fund 2020 Adjustment By FundBEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund 2020 Beg Fund Bal Changes 2020 Adj. Fund Bal 2020 Budgeted Revenue Changes 2020 Adjusted Revenue 2020 Budgeted Expenditure Changes 2020 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND36,310,659 11,746,323 48,056,982 125,388,240 583,484 125,971,723 130,877,560 3,751,460 134,629,020 39,399,685 (14,563,819) 24,835,866 102 ARTERIAL STREETS‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 110 SPECIAL HOTEL‐MOTEL TAX502,740 441,149 943,889 200,000 ‐ 200,000 ‐ 429,062 429,062 714,827 714,827 125 MUNICIPAL ARTS16,764 82,101 98,865 117,900 62,760 180,660 117,900 135,890 253,790 25,735 25,735 127 CABLE COMMUNICATIONS DEVELOPMENT521,159 82,601 603,760 97,674 ‐ 97,674 97,674 ‐ 97,674 603,760 603,760 135 SPRINGBROOK WETLANDS BANK340,895 4,763 345,658 ‐ ‐ ‐ ‐ ‐ ‐ 345,658 345,658 140 POLICE SEIZURE‐ ‐ ‐ ‐ 671,102 671,102 ‐ ‐ ‐ 671,102 671,102 141 POLICE CSAM SEIZURE‐ ‐ ‐ ‐ 126,011 126,011 ‐ ‐ ‐ 126,011 126,011 215 GENERAL GOVERNMENT MISC DEBT SVC2,836,954 1,162,502 3,999,456 8,143,007 ‐ 8,143,007 8,262,386 (1,100,000) 7,162,386 4,980,077 (2,717,575) 2,262,502 303 COMMUNITY SERVICES IMPACT MITIGATION1,464,756 422,243 1,886,999 86,500 ‐ 86,500 600,000 602,364 1,202,364 771,135 771,135 305 TRANSPORTATION IMPACT MITIGATION2,028,324 914,020 2,942,344 1,435,875 ‐ 1,435,875 1,340,362 1,160,294 2,500,656 1,877,563 1,877,563 308 REET 1‐ ‐ ‐ ‐ 3,143,855 3,143,855 ‐ 1,775,000 1,775,000 1,368,855 1,368,855 309 REET 2‐ ‐ ‐ ‐ 3,143,855 3,143,855 ‐ 1,775,000 1,775,000 1,368,855 1,368,855 316 MUNICIPAL FACILITIES CIP1,193,102 25,202,465 26,395,567 4,501,550 3,468,476 7,970,026 4,427,121 26,148,781 30,575,902 3,789,692 3,789,692 317 CAPITAL IMPROVEMENT1,895,009 17,052,844 18,947,853 16,637,123 11,102,686 27,739,809 17,614,673 28,804,407 46,419,080 268,582 268,582 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING2,534,803 35,547 2,570,350 ‐ 6,309 6,309 ‐ 2,576,659 2,576,659 ‐ ‐ 336 NEW LIBRARY DEVELOPMENT11,000 5,408 16,408 ‐ ‐ ‐ ‐ ‐ ‐ 16,408 16,408 346 NEW FAMILY FIRST CENTER DEVELOPMENT7,879,168 672,233 8,551,401 ‐ 75,000 75,000 ‐ 648,948 648,948 7,977,453 7,977,453 402 AIRPORT OPERATIONS & CIP 371,174 5,888,228 6,259,402 3,051,767 ‐ 3,051,767 2,439,468 5,658,361 8,097,828 1,213,341 (196,310) 1,017,031 403 SOLID WASTE UTILITY2,384,676 (118,549) 2,266,127 19,505,719 111,098 19,616,816 19,401,611 75,038 19,476,649 2,406,295 (400,000) 2,006,295 404 GOLF COURSE SYSTEM & CAPITAL 203,919 (30,169) 173,750 2,540,373 332,547 2,872,920 2,433,929 216,324 2,650,253 396,417 (644,563) (248,146) 405 WATER OPERATIONS & CAPITAL 8,060,058 29,509,009 37,569,067 19,516,652 ‐ 19,516,652 21,031,781 29,455,317 50,487,098 6,598,621 (3,082,728) 3,515,893 406 WASTEWATER OPERATIONS & CAPITAL 5,732,840 14,099,511 19,832,351 11,630,784 ‐ 11,630,784 11,952,906 14,087,000 26,039,906 5,423,229 (1,874,233) 3,548,996 407 SURFACE WATER OPERATIONS & CAPITAL 10,335,940 8,041,616 18,377,556 17,066,090 8,476,627 25,542,717 14,586,437 16,981,547 31,567,984 12,352,289 (1,261,810) 11,090,479 416 KING COUNTY METRO5,512,418 449,488 5,961,906 17,007,226 ‐ 17,007,226 17,007,226 ‐ 17,007,226 5,961,906 5,961,906 501 EQUIPMENT RENTAL4,948,764 1,903,047 6,851,811 5,662,319 ‐ 5,662,319 4,673,176 2,281,000 6,954,176 5,559,955 5,559,955 502 INSURANCE17,649,062 1,446,446 19,095,508 3,390,962 ‐ 3,390,962 4,249,334 ‐ 4,249,334 18,237,136 (15,663,819) 2,573,317 503 INFORMATION SERVICES2,298,411 2,191,651 4,490,062 5,924,868 3,000 5,927,868 6,394,677 1,681,739 8,076,416 2,341,515 2,341,515 504 FACILITIES1,157,574 62,702 1,220,276 5,328,266 ‐ 5,328,266 5,546,397 556,353 6,102,750 445,793 445,793 505 COMMUNICATIONS658,949 144,612 803,561 1,134,441 80,000 1,214,441 1,220,852 80,000 1,300,852 717,150 717,150 512 HEALTHCARE INSURANCE3,631,432 1,520,216 5,151,648 12,649,694 ‐ 12,649,694 12,526,781 ‐ 12,526,781 5,274,561 (3,758,034) 1,516,526 522 LEOFF1 RETIREES HEALTHCARE14,139,639 1,660,090 15,799,729 1,244,462 ‐ 1,244,462 1,032,243 216,000 1,248,243 15,795,948 (15,795,948) ‐ 304 FIRE IMPACT MITIGATION1,426,093 694,465 2,120,558 99,000 ‐ 99,000 113,808 ‐ 113,808 2,105,750 (2,105,750) ‐ 611 FIREMENS PENSION7,404,508 161,394 7,565,902 468,000 ‐ 468,000 200,475 ‐ 200,475 7,833,427 (7,833,427) ‐ Total Other Funds107,140,131 113,701,634 220,841,765 157,440,251 30,803,326 188,243,577 157,271,215 134,245,083 291,516,298 117,569,044 (55,334,196) 62,234,848 TOTAL ALL FUNDS 143,450,790 125,447,957 268,898,747 282,828,491 31,386,810 314,215,300 288,148,775 137,996,543 426,145,318 156,968,730 (69,898,015) 87,070,714 2 year total613,795,460 31,386,810 645,182,269 707,575,570 137,996,543 845,572,113 156,968,730 (69,898,015) 87,070,714 AGENDA ITEM # 8. b)
ORDINANCE NO. ________ 5 Exhibit B: 2019 Adjusted Budget Summary by Fund BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCEFund2019 Beg Fund BalChanges2019 Adj Fund Bal2019 BudgetedChanges2019 Adjusted2019 BudgetedChanges2019 AdjustedEnding Fund BalanceReserved/ DesignatedAvailable Fund Balance0XX GENERAL FUND44,542,987 ‐ 44,542,987 125,561,221 ‐ 125,561,221 133,793,547 ‐ 133,793,547 36,310,660 (11,374,240) 24,936,420 102 ARTERIAL STREETS163,671 ‐ 163,671 103,365 ‐ 103,365 267,036 ‐ 267,036 ‐ ‐ 110 SPECIAL HOTEL‐MOTEL TAX722,387 ‐ 722,387 225,000 ‐ 225,000 444,647 ‐ 444,647 502,740 502,740 125 MUNICIPAL ARTS119,446 ‐ 119,446 102,000 ‐ 102,000 204,683 ‐ 204,683 16,764 16,764 127 CABLE COMMUNICATIONS DEVELOPMENT529,159 ‐ 529,159 97,674 ‐ 97,674 105,674 ‐ 105,674 521,159 521,159 135 SPRINGBROOK WETLANDS BANK340,895 ‐ 340,895 ‐ ‐ ‐ ‐ ‐ ‐ 340,895 340,895 215 GENERAL GOVERNMENT MISC DEBT SVC2,307,173 ‐ 2,307,173 8,444,717 ‐ 8,444,717 7,914,936 ‐ 7,914,936 2,836,954 (2,717,575) 119,379 303 COMMUNITY SERVICES IMPACT MITIGATION2,578,256 ‐ 2,578,256 86,500 ‐ 86,500 1,200,000 ‐ 1,200,000 1,464,756 1,464,756 305 TRANSPORTATION IMPACT MITIGATION3,332,524 ‐ 3,332,524 1,020,000 ‐ 1,020,000 2,324,200 ‐ 2,324,200 2,028,324 2,028,324 316 MUNICIPAL FACILITIES CIP20,675,238 ‐ 20,675,238 20,470,370 ‐ 20,470,370 39,952,505 ‐ 39,952,505 1,193,102 1,193,102 317 CAPITAL IMPROVEMENT5,492,313 ‐ 5,492,313 40,114,969 ‐ 40,114,969 43,712,273 ‐ 43,712,273 1,895,009 1,895,009 326 HOUSING OPPORTUNITY/ECO DEV REVOLVING2,582,203 ‐ 2,582,203 21,500 ‐ 21,500 68,900 ‐ 68,900 2,534,803 (2,500,000) 34,803 336 NEW LIBRARY DEVELOPMENT456,591 ‐ 456,591 ‐ ‐ ‐ 445,591 ‐ 445,591 11,000 11,000 346 NEW FAMILY FIRST CENTER DEVELOPMENT4,193,806 ‐ 4,193,806 5,075,000 ‐ 5,075,000 1,389,638 ‐ 1,389,638 7,879,168 7,879,168 402 AIRPORT OPERATIONS & CIP 4,985,377 ‐ 4,985,377 3,298,685 ‐ 3,298,685 7,912,888 ‐ 7,912,888 371,174 (181,653) 189,521 403 SOLID WASTE UTILITY2,276,333 ‐ 2,276,333 19,512,021 ‐ 19,512,021 19,403,677 ‐ 19,403,677 2,384,676 (400,000) 1,984,676 404 GOLF COURSE SYSTEM & CAPITAL 110,812 ‐ 110,812 2,447,340 ‐ 2,447,340 2,354,233 ‐ 2,354,233 203,919 (468,149) (264,230) 405 WATER OPERATIONS & CAPITAL 38,002,973 ‐ ‐ 18,841,192 ‐ 18,841,192 48,784,107 ‐ 48,784,107 8,060,058 (3,033,114) 5,026,944 406 WASTEWATER OPERATIONS & CAPITAL 18,879,201 ‐ 18,879,201 11,582,615 ‐ 11,582,615 24,728,976 ‐ 24,728,976 5,732,840 (1,862,878) 3,869,962 407 SURFACE WATER OPERATIONS & CAPITAL 16,356,030 ‐ 16,356,030 20,608,113 ‐ 20,608,113 26,628,203 ‐ 26,628,203 10,335,940 (1,231,544) 9,104,396 416 KING COUNTY METRO5,512,418 ‐ 5,512,418 16,922,613 ‐ 16,922,613 16,922,613 ‐ 16,922,613 5,512,418 5,512,418 501 EQUIPMENT RENTAL6,493,018 ‐ 6,493,018 7,705,395 ‐ 7,705,395 9,249,649 ‐ 9,249,649 4,948,764 4,948,764 502 INSURANCE18,522,154 ‐ 18,522,154 3,343,143 ‐ 3,343,143 4,216,235 ‐ 4,216,235 17,649,063 (15,874,475) 1,774,588 503 INFORMATION SERVICES3,934,408 ‐ 3,934,408 6,122,843 ‐ 6,122,843 7,758,840 ‐ 7,758,840 2,298,411 2,298,411 504 FACILITIES1,376,859 ‐ 1,376,859 5,318,843 ‐ 5,318,843 5,538,128 ‐ 5,538,128 1,157,574 1,157,574 505 COMMUNICATIONS685,593 ‐ 685,593 1,105,816 ‐ 1,105,816 1,132,460 ‐ 1,132,460 658,949 658,949 512 HEALTHCARE INSURANCE4,259,511 ‐ 4,259,511 11,027,762 ‐ 11,027,762 11,655,841 ‐ 11,655,841 3,631,432 (3,496,752) 134,680 522 LEOFF1 RETIREES HEALTHCARE13,876,628 ‐ 13,876,628 1,241,273 ‐ 1,241,273 978,262 ‐ 978,262 14,139,639 (14,139,639) ‐ 304 FIRE IMPACT MITIGATION1,455,669 ‐ 1,455,669 99,000 ‐ 99,000 128,576 ‐ 128,576 1,426,093 1,426,093 611 FIREMENS PENSION7,146,983 ‐ 7,146,983 468,000 ‐ 468,000 210,475 ‐ 210,475 7,404,508 (7,404,508) ‐ Total Other Funds187,367,629 ‐ 187,367,629 205,405,748 ‐ 205,405,748 285,633,247 ‐ 285,633,247 107,140,130 (53,310,287) 53,829,843 TOTAL ALL FUNDS 231,910,616 ‐ 231,910,616 330,966,969 ‐ 330,966,969 419,426,795 ‐ 419,426,795 143,450,790 (64,684,527) 78,766,263 AGENDA ITEM # 8. b)