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Council 06/08/2009
AGENDA RENTON CITY COUNCIL *Revised* REGULAR MEETING June 8, 2009 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS: a. Audubon Award of Excellence b. Neighborhood Program Awards 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 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 6/l/2009. Council concur. b. Mayor Law reappoints Nancy Osborn to the Planning Commission for a three-year term expiring 6/30/2012. Council concur. c. Community and Economic Development Department recommends the appointment of Brent Cammon, General Manager. of Marriott Spring Hill and Marriott Towne Place, to the Renton Lodging Tax Advisory Committee to fill the vacancy left by Rick Meinig. Council concur. d. Finance and Information Services Department recommends approval of a contract in the amount of $19,500 per year with eGov Alliance Partnership to extend full partnership rights to the City of Renton for 2009 through 2018. Council concur. (See 8. for resolution.) e. Finance and Information Services Department recommends approval of a contract in the amount of $50,000 per year with Environmental Systems Research Institute, Inc. (ESRI) for a three-year enterprise license agreement to allow additional access to the citywide Geographic Information Systems (GIS). Council concur. f. Utility Systems Division requests authorization to establish the Central Plateau Interceptor Phase II Special Assessment District in the amount of $2,207,591.54 to ensure that project costs are equitably distributed to those who benefit. Refer to Utilities Committee. (CONTINUED ON REVERSE SIDE) 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 topic may be held by the Chair if further review is necessary. a. Utilities Committee: Baxter Lift Station Special Assessment District* 8. RESOLUTIONS AND ORDINANCES Resolution: eGov Alliance Partnership interlocal agreement (See 6.d.) Ordinance for first reading: Establishing the Baxter Lift Station Special Assessment District (7.a.) Ordinances for second and final reading: a. Automated Traffic Safety Camera signage provisions (1st reading 6/l/2009) b. Establishing the Highlands Water Main Improvements Special Assessment District (1st reading 6/ 1 /2009) 9. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10. AUDIENCE COMMENT * 11. EXECUTIVE SESSION (property acquisition) 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7TH FLOOR CONFERENCING CENTER June 8, 2009 Monday, 5:30 p.m. Regional Issues; Emerging Issues in Community Services; Code Enforcement/Graffiti Update • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE- CABLECAST TUES. & THURS. AT 11 AM & 9 PM, WED. & FRI. AT 9 AM & 7 PM AND SAT. & SUN. AT 1 PM & 9 PM CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact...... AJS Department Denis Law, Mayor Subject: Reappointment to Planning Commission: Nancy Osborn Exhibits: N/A Recommended Action: Council Concur Al #: For Agenda of. June 15, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Mayor Law reappoints the following to the Planning Commission: Nancy Osborn, 4635 Morris Avenue South, #F, Renton, WA 98055, for a term that expires on 6/30/12. STAFF RECOMMENDATION: Concur in Mayor Law's reappointment of Nancy Osborn to the Planning Commission. X CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... Subject: Department of Community & Economic Development Alex Pietsch x6592 Lodging Tax Advisory Committee Membership Exhibits: Recommended Action: Council Concur For Agenda of: June 8, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. K4 X SUMMARY OF ACTION: RMC 2-16-5 requires that the City Council review annually the membership of the City's Lodging Tax Advisory Committee and fill any vacancies. Current membership includes Councilmember King Parker, Bill Taylor, President and CEO of the Renton Chamber of Commerce, Preeti Shridhar, the City's Communications Director, Kathy Madison of the Hilton Garden Inn, and Rick Meinig of the Quality Inn. Mr. Meinig is no longer in a position to serve on the Committee. Brent Cammon, General Manager of both the Marriott Spring Hill and Marriott Towne Place, has expressed an interest in serving in his stead. STAFF RECOMMENDATION: Council concur in the appointment of Brent Cammon and the ratification of the remaining membership of the Lodging Tax Advisory Committee. CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board.. Finance & IS Department Staff Contact...... George McBride, Information Services >ubject: eGov Alliance Partnership Agreement Issue Paper eGov Alliance Partnership Agreement Resolution 1 _A Ally: , or Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . 91 Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... Other. Fiscal Impact: Expenditure Required... $19,500 Transfer/Amendment....... Amount Budgeted....... $19,500 Revenue Generated......... Total Project Budget $195,000 City Share Total Project.. N: Approval of the eGov Alliance Partnership Agreement that would give us a full partnership to the eCityGov Alliance that was originally formed in 2001 by nine cities in the Puget Sound region of Washington state. Since that time, the Alliance now consists of 36 cities sharing the site. Since the City of Renton is the largest subscriber city, this would allow us a seat at the policy and strategic level. On May 14, 2009, the eGov Alliance executive board voted to extend a full partnership to the City of Renton with an annual payment of $19,500 over a 10-year period to reimburse the founding cities for a proportionate share of the original Alliance formation investment. ATI Approval of the Agreement establishing the City of Renton as an eCityGov Alliance partner city at a yearly payment of $19,500 for the next ten consecutive years (2009-2018). C:\Documents and Settings\JSeth\Local Settings\Temporary Internet Files\Content.Outlook\SPSDK6FZ\2009_eGov Alliance Partnership Agreement.doc �ti`11 O� FINANCE AND INFORMATION SERVICES DEPARTMENT NTrc4� M E M O R A N D U M DATE: June 8, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: �Denis Law, Mayor FROM: Iwen Wang, FIS Administrator STAFF CONTACT: George McBride, ext. 6886 SUBJECT: eGov Alliance Partnership Agreement ISSUE Should the City execute an agreement becoming a full partner in the eGov Alliance? RECOMMENDATION Staff recommends approval of the Agreement. BACKGROUND The eCityGov Alliance was formed in 2001 by nine cities located in the Puget Sound region of Washington State. The cities came together to form an inter -local agency with a mission of providing Web -based services to their constituents. The founding partners of the Alliance are the cities of Bellevue, Bothell, Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish, Snoqualmie, and Woodinville. In 2007, the City joined 12 other cities in subscribing to Northwest Properties (nwproperty.net) as part of the City's marketing efforts. There are now 36 cities sharing this site. In 2008 the City joined MyBuildingPermit.com. This site allows citizens and registered contractors to apply, pay for, and be granted over the counter permits over the internet without having to visit City Hall. This year, the City will be adding Shared Procurement Portal, NWMaps.net with 10 other cities for shared GIS and property data, and Human Resources classification/compensation portal. As the City subscribes to more services, it became more important that the City of Renton be able to participate at the policy and strategic level for the site's future development. On May 14, 2009, the eGov Alliance executive board voted to extend a full partnership to the City of Renton with an annual payment of $19,500 over a 10-year period to reimburse the founding cities for a proportionate share of the original Alliance formation investment. Cc: Jay Covington, CAO Marty Wine, Assistant CAO George McBride, Information Services Division h:\finance\adminsup\02_issuepapers_memos to council or mayor\2009_egov alliance partnership issue paper.doc AGREEMENT ESTABLISHING CITY OF RENTON AS AN ECITYGOV ALLIANCE PARTNER CITY WHEREAS, pursuant to the Interlocal Cooperative Act, Chapter 39.34 RCW a number of Cities have entered into an Interlocal Agreement establishing eCityGov Alliance ("the Alliance"), the Interlocal Agreement being dated December 30, 2005; and WHEREAS, that Interlocal Agreement has been updated by adding an additional purpose, Purpose F to Section II, Purpose of the original agreement, and by adding an amendment concerning ownership of property to Paragraph B of Section VI, Finance and Budget; and WHEREAS, the Interlocal Agreement in Section IV entitled Membership and Fee Policy, under Subsection B, allows for new partners to be added to the membership of the Alliance; and WHEREAS, the City of Renton has indicated its desire to become a partner; and WHEREAS, the City of Renton has agreed to pay the Alliance $19,500 per year beginning in 2009 for ten consecutive years for the City's partnership share of Alliance intellectual property; and WHEREAS, the City of Renton has agreed to pay the Alliance the annual partner application costs as established by the Alliance Executive Board; and WHEREAS, the Executive Board of the Alliance has agreed to add the City of Renton as a partner; and WHEREAS, the City of Renton by Resolution No. has authorized the Mayor and City Clerk to enter into this Agreement adding the City of Renton as a partner; NOW, THEREFORE, the parties do hereby agree as follows: The City of Renton is hereby added as a partner to the eCityGov Alliance and subject to all the requirements set forth in the Interlocal Agreement establishing eCityGov Alliance dated December 30, 2005 and any subsequent amendments thereto. Agreed to this day of , 2009. CITY OF RENTON Denis Law, Mayor ATTEST: Bonnie I. Walton, City Clerk ECITYGOV ALLIANCE Chair, Executive Board of the eCityGov Alliance 2 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT ESTABLISHING CITY OF RENTON AS AN ECITYGOV ALLIANCE PARTNER CITY. WHEREAS, pursuant to the Interlocal Cooperative Act, Chapter 39.34 RCW a number of Cities have entered into an Interlocal Agreement establishing eCityGov Alliance ("the Alliance"), the Interlocal Agreement being dated December 30, 2005; and WHEREAS, the Interlocal Agreement in Section IV entitled Membership and Fee Policy, under Subsection B, allows for new partners to be added to the membership of the Alliance; and WHEREAS, the City of Renton has indicated its desire to become a partner; and WHEREAS, the Executive Board of the Alliance has agreed to add the City of Renton as a partner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement entitled Agreement Establishing City of Renton As An eCityGov Alliance Partner City. PASSED BY THE CITY COUNCIL this day of 1, 2009. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney RES.1410: 5/28/09: scr Denis Law, Mayor 2 CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board.. Finance & IS Department Staff Contact...... George McBride, Information Services \ ESRI Enterprise License/Support Agreement Issue Paper ESRI Enterprise License/Support Agreement Council Concur or Consent .................................. X Public Hearing .......................... Correspondence ......................... Ordinance .................................. Resolution ................................. Old Business .............................. New Business ............................. Study Sessions ............................ Information ................................ LegalDept ................................ Finance Dept ............................. Other........................................ Fiscal Impact: Expenditure Required... $50,000 Transfer/Amendment....... Amount Budgeted....... $50,000 Revenue Generated......... Total Project Budget City Share Total Project.. 99 Approval of a 3-year Enterprise License Agreement (ELA) with Environmental Systems Research Institute (ESRI) at $50,000 per year, to provide a cost effective way to meet the City's growing GIS data and information needs. The funding will be provided from $35,000 current licensing cost budgeted in IS Operating budget and $15,000 from the Enterprise GIS Project budget. Approval of the 3-year Enterprise License Agreement. H:\FINANCE\ADMINSUP\01_AgendaBills\2009_ESRI Enterprise License -Support Agreement.doc i 11-1 Y O� FINANCE AND INFORMATION SERVICES DEPARTMENT M E M O R A N D U M DATE: June 8, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Iwen Wang, FIS Administrator STAFF CONTACT: George McBride, ext. 6886 SUBJECT: ESRI Enterprise License/Support Agreement ISSUE Should the City enter a three-year Small Municipal and County Enterprise License Agreement (ELA) with Environmental Systems Research Institute, Inc. (ESRI) for GIS software license and support? RECOMMENDATION Staff recommends approval of the three-year agreement. BACKGROUND The City currently budgets/spends $35,000 per year for ESRI license and software application support. This amount is based on the number of products and user licenses currently in use by the City. We have received requests from departments to allow more staff access to our existing GIS system. The current additional license requirements are five (5) ArcView licenses and four (4) core server processor upgrades totaling $25,750. As the City starts to implement the citywide GIS system, additional licenses will be needed potentially increasing the cost delta between an enterprise level agreement and additional license purchase costs making the enterprise agreement more cost effective for the City. The proposed new agreement would allow unlimited access to existing licensed ESRI products and would provide increased application support/training at $50,000 per year. The $15,000 cost difference will be funded through the Enterprise GIS Capital Project budget. h:\finance\adminsup\02_issuepapers_memos to council or mayor\2009_esri enterprise agreement.doc Randy Corman, Council President Members of the Renton City Council Page 2 of 2 June 8, 2009 CONCLUSION ELA is a very cost effective option to address the growing needs of public and staff needs in accessing GIS data and information. The annual cost of $50,000 is a very favorable pricing if the City is willing to make a three-year commitment. Cc: Jay Covington, CAO Marty Wine, Assistant CAO George McBride, Information Services Division h:\finance\adminsup\02_issuepapers_memos to council or mayor\2009_esri enterprise agreement.doc ARR May 28, 2009 CITY OF RENTON 1055 S GRADY WAY STE 110 RENTON, WA 98057-3232 ELA Quotation #20347827 The ESRI Small Municipal and County Enterprise License Agreement (ELA) is a three-year agreement that will grant your organization access to the ESRI® software listed below on an unlimited basis including maintenance on all software offered through the ELA for the term of the agreement. The ELA will be effective on the date executed and will require a firm, three-year commitment. Based on ESRI's work with several organizations similar to yours, we know there is significant potential to apply geographic information system (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an enterprise license agreement. An ELA will provide your organization with numerous benefits including: ■ A lower cost per unit for licensed software ■ Substantially reduced administrative and procurement expenses ■ Maintenance on all ESRI software deployed under this agreement ■ Complete flexibility to deploy software products when and where needed The program includes unlimited access by your organization during the term of this agreement to the ESRI Enterprise Software listed below. Licenses are valid for the three-year term of the agreement. ■ ArcGIS® desktop software—Arclnfo®, ArcEditorT", ArcView® ■ ArcGIS desktop extensions-31) Analyst'", Spatial Analyst, Geostatistical Analyst, ArcScad", ArcGIS Publisher, MaplexT', Network Analyst, ArcGIS Schematics, Job Tracking for ArcGIS (JTXT"') ■ ArcGIS server -based software—ArcGIS Server (advanced, standard, basic/workgroup, enterprise) 0 ArcIMS® 0 ArcGIS Server extensions-31) Analyst, Network Analyst, Spatial Analyst, Geostatistical, Schematics and Job Tracking for ArcGIS (JTX") 0 ArcGIS Engine Runtime deployments 0 ArcGIS Engine Runtime extensions-31) Analyst, Spatial Analyst, Geodatabase Update, Network Analyst, Arc Schematics and Maplex Also included in the program are: M Enterprise Software-ESRI Developer Network —One annual subscription to the ESRI Developer Network (EDN SM ) for each year the ELA is in effect 0 Virtual Campus (Web training)-10,000 dollars for standard ESRI-authored courses only (third -party authored courses not included) M Instructor -led training —Five percent discount on all commercially available courses at ESRI facilities Payment terms for the ELA follow: Year I Year 2 Year 3 Total ArcPad optional unlimited add on: Year I Year 2 Year 3 Total Data Interoperability optional unlimited add on: Year I Year 2 Year 3 Total 05. 't4WN .9"'1 T M. 19 , 0 "06.00 moot, - $N J " __ M l"'� "mo , m$_' All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services listed above. The following key business terms and conditions will apply: 0 If your organization ,%rishes to acquire and/or maintain any ESRI software during the term of the agreement that is not included in this proposal, it. may do so separately from this ELA at the ESRI pricing that is generally available for your organization for software and maintenance. OA Small Gov Level 3 ESRI 380 New York St., Redlands, CA 92373-8100, USA - TEL 909-793-2853 - FAX 909-793-5953 info@esri.com - WEB www.esri.com ■ Softw, are and services included in this proposal may only be deployed and used within the United States - ■ ESR-1-technoiogy that -maybe embedded -in third=party pmductsthat. yourorgan zation licensed or may acquire is not included under this agreernent- ■ The organization will establish a single pointof contact. for orders and deliveries and tivili be responsible for redistribution to eligible users. ■ The first payment will be due within 30 days of the effective date- Second and third payments will be due within a0 days of the anniversary date of the contract- ■ The organization will establish a Tier 1 supportcenter to field calls from internal users of ESRI software. The organization may designate up to four individuals who may directly contact ESRI for Tier 2 technical support- 0 ESRI will deliver two bones of media- 0 ESRI ryill pro -vide up to 10 hardware keys, at no additional charge, upon your request. i The organization Nvill provide an annual report of installed. ESRI software to ESRL ■ ESRI soft.wlare updates that you are licensed to use will be shipped automatically as they become available. ■ The organization will act as an ESRI reference site and «-ill permit ESRI to publicize its use of ESRI softivare and services. ■ The organization will receive four complimentary annual registrations to the ESRI International User Conference. ■ Subjectto open records or public disclosure law. the details of this agreement will be confidential and may not be disclosed by the contracting parties- 0 ESRI reserves the right to adjust and collect sales and: ©r use tax at the actual date of invoicing. ■ Licenses are valid for the term of the ELA- This program offer is valid for 90 days. To complete the agreement within this time frame. please contact me ," ithin the next seven day_ s to work through any questions or concerns you may have - Small Gov Level 3 ESRI 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 info@esri.com • WEB www.esri.com To expedite your acceptance of this ELA offer: 1. Sign and return the signature page of the ELA 1i-ith a Purchase Order or issue a Purchase Order that references this ELA Quotation and includes the follo-vying statement on the face of the Purchase Order "THIS PURCHASE ORDER IS GOVERNED BY THE TERIMS AND CONDITIONS OF THE ESRI SIMALL i4I[Ti+TICII'AL AND COUNTY ELA AND ANY DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS IN OR NNTITH THIS PURCHASE ORDER SHALL NOT APPLY." and have itsigned by an authorized representative of the organization- 2 - On the first page of the ELA, identify the central pointof contactlagreement. administrator_ The agreement administrator is theparty that tivill be the contact. for managementof the software_ administration issues, and general operations. Information should include name, title if applicable, address, phone number, and e-mail address. 3- In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address noted below.- ESRI Attn.: Customer Service SG-ELA 380 New York Street Redlands, CA 92373-8100 Or e-mail senice@esri.com or fax documents to 9109-30 + a083_ I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best regards, Heather Glock 4 Small Gov Level 3 ESRI 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 . FAX 909-793-5953 info@esri.com • WEB www.esri.com -NVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Phone:909-793-2853 Fax:909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 05/28/2009 To: 0812612009 Quotation # 20347827 Date: May 28, 2009 Customer # 281714 Contract # CITY OF RENTON INFORMATION SERVICES 1055 S GRADY WAY STE 110 RENTON, WA 98057-3232 ATTENTION: George McBride PHONE: (425) 430-6886 FAX: Material Qty Description Unit Price Total 110037 1 Populations of 50,001 to 100,000 Small Government Enterprise License 50,000.00 50,000.00 Agreement Year 1 110037 1 Populations of 50,001 to 100,000 Small Government Enterprise License 50,000.00 50,000.00 Agreement Year 2 110037 1 Populations of 50,001 to 100,000 Small Government Enterprise License 50,000.00 50,000.00 Agreement Year 3 Item Total: 150,000.00 Subtotal: 150,000.00 Sales Tax: 14,250.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $164,250.00 �. Quoted By: Robert Woll, (800) 447-9778 x1306 Account Manager: Heather Glock I Email: rwoll@esri.com Email: hglock@esri.com Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 WOLLR This offer is limited to the terms and conditions incorporated and attached herein. SMALL MUNICIPAL AND COUNTY ENTERPRISE LICENSE AGREEMENT (E214 6/08B) ESRI, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 This Small Municipal and County Enterprise License Agreement (hereafter "ELA") is by and between the organization identified in the quotation ("Licensee") and Environmental Systems Research Institute, Inc. ("ESRI"), with offices at 380 New York Street, Redlands, California 92373-8100. This ELA is effective ("Effective Date") as of the date of receipt of Licensee's Purchase Order citing this ELA. This ELA grants Licensee certain rights to use ESRI Software, Data, Web Services, and Documentation and provides maintenance over a limited, fixed period of time from the Effective Date subject to payment of fees and the terms of this ELA. This ELA is composed of (i) this signature page, (ii) the ELA Terms and Conditions, (iii) Exhibit 1—Scope of Use (E300), and (iv) the ELA Quotation, which together constitute the sole and entire agreement of the parties as to the subject matter set forth herein. Should there be any conflict between the terms and conditions of the documents that comprise the ELA, the ELA Terms and Conditions shall take precedence over the other documents of the ELA. The descending order of precedence for the remaining documents shall be in the following order: Exhibit 1—Scope of Use (E300), the ELA Quotation, and the signature page. This ELA supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to such subject matter, which is the licensing of the Enterprise Software. Except as provided in Section 9.1 Future Versions, any modifications or amendments to the ELA must be in writing and signed by an authorized representative of each party. Licensee agrees that any different or additional terms or conditions in or with Licensee's Purchase Order shall not apply and the terms of this ELA shall govern. Licensee may accept this agreement by signing and returning this ELA with a Purchase Order or by issuing a Purchase Order signed by Licensee, which shall reference the ELA Quotation and shall include the following statement on the face of its Purchase Order: THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY ELA, AND ANY DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS IN OR WITH THIS PURCHASE ORDER SHALL NOT APPLY. Licensee will return this ELA and its Purchase Order to: Attn.: ESRI Customer Service, Dept. SG-ELA, 380 New York Street, Redlands, CA 92373-8100; e-mail to service@esri.com; or fax to 909-307-3083. ACCEPTED AND AGREED: (Licensee) By: Signature Printed Name: Title: Date: Contact: Address: City, State, ZIP: ELA Quotation Number: Licensee Contact Information Telephone: Fax: E-mail: ESRI Contract Number: Page 1 of 5 E214 6/08B ELA TERMS AND CONDITIONS ARTICLE 1—DEFINITIONS Definitions. The terms used are defined as follows: • "Data" means any ESRI or third -party digital dataset(s) including, but not limited to, geographic vector data coordinates, raster, reports, or associated tabular attributes licensed under this ELA. ■ "Deploy," "Deployed," or "Deployment" means to redistribute and install or the redistribution and installation of the Enterprise Software or its having been redistributed and installed by Licensee on Licensee's hardware. • "Documentation" means all printed and digital materials including, but not limited to, help files, user reference documentation, training documentation, or technical information and briefings. • "ELA Maintenance" means Tier 2 Support, updates, and patches provided by ESRI to Licensee for the Enterprise Software. ■ "ELA Fee" means the fee set forth in the ELA Quotation. ■ "ELA Quotation" means the Small Municipal and County ELA offer letter and ESRI quote form. ■ "Enterprise Software" means the Software, Data, Web Services, and Documentation identified in the ELA Quotation as Enterprise Software. ■ "Incident" means a failure of the Software to operate according to the Documentation in which such failure substantially impacts operational or functional performance. • "License Agreement" and "ELA" are used interchangeably and mean the license terms and conditions including Exhibit 1—Scope of Use (E300) that apply to Enterprise Software provided to Licensee by ESRI under this agreement. • "Software" means the actual copy of all or any portion of ESRI's proprietary software technology, accessed or downloaded from an authorized ESRI Web site, or delivered on any media, in any format, including backups, updates, service packs, patches, hot fixes, or permitted merged copies. • "Samples" means sample code, sample applications, add- ons, or sample extensions of Software, Data, Documentation, or Web Services. ■ "Technical Support" means a process to attempt to resolve reported Incidents through error correction; patches; hot fixes; workarounds; replacement deliveries; or any other type of Software, Data, or Documentation corrections or modifications. ■ "Tier 1 Help Desk" means Licensee point of contact from which all Tier 1 Support will be given to Licensee. • "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk as the primary contact to Licensee in attempted resolution of reported Incidents. ■ "Tier 2 Support" means the Technical Support provided by ESRI to the Tier 1 Help Desk when the Incident cannot be resolved through Tier 1 Support. • "Web Services" means software services or ESRI or third - party data provided by ESRI that perform geographic information system (GIS) functions, tasks, or data services and are accessed over the Internet, excluding Virtual Campus. ARTICLE 2—INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP The Enterprise Software are licensed and not sold. ESRI and its licensors own the Enterprise Software, which are protected by United States and applicable international laws, treaties, and conventions regarding intellectual property and proprietary rights including trade secrets. Licensee agrees to use reasonable means to protect the Enterprise Software from unauthorized use, reproduction, distribution, or publication. ESRI and its third -party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve Web Services. ARTICLE 3—GRANT OF LICENSE 3.1 Grant of License. Subject to the terms and conditions of this ELA, ESRI grants to Licensee a limited term, personal, nonexclusive, nontransferable license solely to Use, copy, and Deploy an unlimited quantity of the Enterprise Software excluding ESRI Developer Network (1) for the term identified in this ELA and (2) for Licensee's own internal use. Deploy one subscription of the ESRI Developer Network for use by a single named developer for the term of this ELA. Access and use any secure ESRI Web site resources made available to Licensee for Licensee's internal use, provided that Licensee follows ESRI's terms of use policy specified therein. All password or controlled access information provided by ESRI shall be treated as ESRI confidential information. 3.2 Consultant Access. Subject to 3.1, Licensee may provide access to the Enterprise Software to any consultant or contractor of Licensee, provided consultants and contractors use is for the sole benefit of Licensee while (i) working on -site at Licensee's facilities or (ii) remotely using/accessing Enterprise Software from Licensee's on -site computers or machines. Licensee shall be responsible for compliance by consultants or contractors with the terms and conditions of this ELA. Licensee shall require consultant or contractor to discontinue use of and access to Enterprise Software upon completion of work for Licensee. ARTICLE 4—SCOPE OF USE 4.1 Permitted Uses a. Licensee may install and store the Software, Data, and Documentation on electronic storage device(s). b. Licensee may make one (1) copy of the Software, Data, and Documentation for archival purposes. Licensee may make routine computer backups. c. Licensee may customize the Software using any (i) macro or scripting language, (ii) published application programming interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in the Documentation. d. Licensee may use, copy, or prepare derivative works of the Documentation supplied in digital format and thereafter reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. Portion(s) of Documentation supplied in digital format merged with other software and printed or digital documentation are subject to this ELA. Licensee shall include the following copyright attribution notice acknowledging the proprietary rights of ESRI and its licensor(s): "Portions of this document include intellectual property of ESRI and its licensor(s) and are used herein under license. Copyright © [Insert the actual copyright date(s) from the source materials] ESRI and its licensor(s). All rights reserved." 4.2 Uses Not Permitted Except as provided herein, Licensee shall not sell, rent, lease, sublicense, lend, assign, or time-share the Enterprise Software. Licensee shall not act as a service bureau or commercial application service provider (ASP) that allows third party access to the Enterprise Software. A commercial ASP means a Licensee who uses Enterprise Software for a Page 2 of 5 E214 6/08B site or service and operates the site or the service for a profit or generates revenue by charging for access to the site or service. b. Licensee shall not redistribute the Software to unauthorized third parties, in whole or in part, including, but not limited to, extensions, components, or DLLs, without the prior written approval of ESRI. c. Licensee shall not reverse engineer, decompile, or disassemble the Enterprise Software, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. d. Except to the extent that applicable law prohibits this restriction, Licensee shall not make any attempt to circumvent the technological measure(s) that controls access to, or use of, the Enterprise Software. e. Licensee shall not redistribute the Software registration number/license authorization file(s), developer license file(s), or Web Services access codes to unauthorized third parties without the prior approval of ESRI. f. Licensee shall not use the Software or Web Services to transfer or exchange any material in where such transfer or exchange is prohibited by intellectual property laws or any other applicable laws. g. Licensee shall not remove or obscure any ESRI or its licensor(s) patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Enterprise Software. h. Licensee shall not unbundle individual or component parts of the Software or Data for independent use. I. Hard -copy Documentation may not be copied. j. Licensee shall not use, transfer, redistribute, or Deploy Enterprise Software outside of the United States. ARTICLE 5—TERM AND TERMINATION AND EXPIRATION 5.1 Term. The term of the ELA shall be three (3) years from the Effective Date, unless this ELA is terminated earlier as provided herein. The term of all licenses and the authorized period of use for all Enterprise Software Deployed shall be concurrent with the term of this ELA. No indefinite or perpetual term license grants are provided with this ELA. 5.2 Termination for Lack of Funds. Either party may terminate this ELA for Lack of Funds. Lack of Funds is the inability of Licensee to secure appropriation of funds through the legislative or governing body's approval process for annual payments due. 5.3 Termination for a Material Breach. Either party may terminate this ELA for a material breach by the other party. The breaching party shall be given a period of ten (10) days from date of written notice to cure any material breach. 5.4 No Use Upon Expiration or Termination. Upon expiration or termination of this ELA, all Enterprise Software Deployed shall terminate. Licensee shall cease access and use of Web Services and clear Web Services client -side data cache and uninstall, remove, and destroy all Deployed Software, Data, and Documentation and any whole or partial copies, modifications, media, or merged portions in any form and execute and deliver evidence of such actions to ESRI. ELA Maintenance, Virtual Campus access, and User Conference Registrations shall also terminate. ARTICLE 6—LIMITED WARRANTIES AND DISCLAIMERS 6.1 Limited Warranties. Except as otherwise provided in this Article 6, ESRI warrants that (i) the unmodified Software will substantially conform to the published Documentation and (ii) the media upon which the Software, Data, and Documentation are provided will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. 6.2 Data and Web Services Disclaimer. The Data and Web Services may contain some nonconformities, defects, errors, or omissions. THE DATA AND WEB SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence, ESRI and its licensor(s) do not warrant that the Data and Web Services will meet Licensee's needs or expectations, that the use of the Data and Web Services will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and its licensor(s) are not inviting reliance on this Data or Web Services, and Licensee should always verify actual Data or Web Services. 6.3 Special Disclaimer. SAMPLES AND HOT FIXES ARE DELIVERED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSEE ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SAMPLES AND HOT FIXES. 6.4 Internet Disclaimer. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, AND THAT (i) THE INTERNET IS NOT A SECURE INFRASTRUCTURE, (ii) THE PARTIES HAVE NO CONTROL OVER THE INTERNET, AND (iii) NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE WEB SERVICE. 6.5 General Disclaimer. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ESRI DOES NOT WARRANT AND DISCLAIMS THAT THE ENTERPRISE SOFTWARE WILL MEET LICENSEE'S NEEDS; THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED, ERROR FREE, FAULT TOLERANT, FAIL-SAFE; OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. SOFTWARE, DATA, WEB SERVICES, AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL PROPERTY/ ENVIRONMENTAL DAMAGE. ANY SUCH USE SHALL BE AT LICENSEE'S OWN RISK AND COST. 6.6 Exclusive Remedy. Licensee's exclusive remedy and ESRI's entire liability for breach of the limited warranties set forth in this Article 6 shall be limited, at ESRI's sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a workaround for the Software subject to the ESRI Support Services Policy; or (iii) return of the license fees paid by Licensee for the Software or Documentation that does not meet ESRI's limited warranty, provided that Licensee uninstalls, removes, and destroys all copies of the Software or Documentation and executes and delivers evidence of such actions to ESRI. ARTICLE 7—LIMITATION OF LIABILITY 7.1 Disclaimer of Certain Types of Liability. ESRI AND ITS LICENSOR(S) SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS ELA OR USE OF THE ENTERPRISE SOFTWARE, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, WHETHER OR NOT ESRI OR ITS LICENSOR(S) Page 3 of 5 E214 6/08B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7.2 General Limitation of Liability. EXCEPT AS PROVIDED IN ARTICLE 8—INFRINGEMENT INDEMNITY, ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR ENTERPRISE SOFTWARE PURSUANT TO THIS ELA. 7.3 Applicability of Disclaimers and Limitations. The parties agree that ESRI has set its prices and entered into this ELA in reliance upon the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties, and that the same form an essential basis of the bargain between the parties. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ARTICLE 8—INFRINGEMENT INDEMNITY 8.1 ESRI shall defend, indemnify, and hold harmless Licensee from and against any loss, liability, cost, or expense, including reasonable attorneys' fees, which may be incurred by Licensee against any claims, actions, or demands by a third party alleging that the Software infringes a U.S. patent, copyright, or trademark provided a. Licensee promptly notifies ESRI in writing of the claim; b. Licensee provides documents clearly describing the allegations of infringement; c. ESRI has sole control of the defense of any actions and negotiations related to the defense or settlement of any claim; and d. Licensee cooperates fully in the defense of the claim. 8.2 If the Software is found to infringe a U.S. patent, copyright, or trademark, ESRI, at its own expense, may either (i) obtain rights for Licensee to continue using the Software or (ii) modify the allegedly infringing elements of the Software while maintaining substantially similar software functionality or data/informational content. If neither alternative is commercially reasonable, the infringing items shall be returned to ESRI, the license shall terminate, and Licensee shall uninstall the infringing items. ESRI's entire liability shall then be to indemnify Licensee pursuant to section 8.1 and to refund a portion of the fees paid by Licensee in the current fee payment period. The refund will be calculated for the time remaining for the fee payment period, starting from the notice date of infringement to the end of the fee payment period. 8.3 ESRI shall have no obligation to defend Licensee or to pay any resulting costs, damages, or attorneys' fees for any claims or demands alleging direct or contributory infringement of the Software by (i) the combination of or integration with a product, process, or system not supplied by ESRI; (ii) material alteration by anyone other than ESRI or contractors acting on behalf of ESRI; (iii) use after Licensee has been notified of possible infringement; or (iv) use after modifications are provided or a return is ordered by ESRI under section 8.2. 8.4 In no event shall the indemnification set forth in this Article 8 apply to any Samples or hot fixes delivered hereunder. THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI AND ITS DISTRIBUTOR WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ARTICLE 9—GENERAL PROVISIONS 9.1 Future Versions. Updated or new Enterprise Software may require additional or revised terms and conditions. Terms and conditions subject to revision are limited to Article 1—Definitions, Article 4—Scope of Use and Exhibit 1—Scope of Use (E300), or any term as required by law. ESRI may provide notice of the revisions to Licensee in writing or by posting them on ESRI's Web site at www.esri.com/legal. The revisions shall be incorporated into this ELA upon use of the updated or new Enterprise Software. Should Licensee reject the revisions, then Licensee shall not install or use the revised, updated, or new Enterprise Software. 9.2 Export Control Regulations. Licensee expressly acknowledges and agrees that Licensee shall not export, reexport, transfer, or release the Enterprise Software, in whole or in part, to (i) any U.S. embargoed country (or to national or resident of any U.S. embargoed country); (ii) any person on the U.S. Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department's Table of Denial Orders; or (iv) any person or entity to where such export, reexport, or provision violates any U.S. export control laws or regulations including, but not limited to, the terms of any export license or licensing provision and any amendments and supplemental additions to U.S. export laws as they may occur from time to time. 9.3 Taxes and Fees. License fees quoted to Licensee are exclusive of any and all taxes or fees, including, but not limited to, sales tax, or use tax. 9.4 No Implied Waivers. The failure of either party to enforce any provision of this ELA shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 9.5 Severability. The parties agree that if any provision of this ELA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 9.6 Successor and Assigns. Licensee shall not assign, sublicense, or transfer Licensee's rights or delegate its obligations under this ELA without ESRI's prior written consent, and any attempt to do so without consent shall be void. This ELA shall be binding upon the respective successors and assigns of the parties to this ELA. 9.7 Survival of Terms. The provisions of Articles 2, 5, 6, 7, 8, and 9 of this ELA shall survive the expiration or termination of this ELA. 9.8 Equitable Relief. The parties agree that any breach of this ELA may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, a party shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction. 9.9 Governing Law. This ELA shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, except that U.S. federal law shall govern in matters of intellectual property. ARTICLE 10—ELA MAINTENANCE ELA Maintenance for Software provided under this ELA is included with the ELA Fee. ELA Maintenance includes standard maintenance benefits specified in the most current applicable ESRI U.S. Software Maintenance Program document (found at www.esri.com/legal) as modified by this Article 10—ELA Page 4 of 5 E214 6/08B Maintenance. ELA Maintenance does not include Technical Support for Web Services. a. Tier 1 Support Provided by Licensee (1) Licensee shall provide Tier 1 Support through the Tier 1 Help Desk to all Licensee's authorized users. (2) The Tier 1 Help Desk shall use analysts fully trained in the Software they are supporting. (3) At a minimum, Tier 1 Support shall include those activities that assist Licensee in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures. (4) Tier 1 Support analysts shall be the initial points of contact for all questions and Incidents. Tier 1 Support analysts shall obtain a full description of each reported Incident and the system configuration from Licensee. This may include obtaining any customizations, code samples, or Data involved, if applicable, to the Incident. Analysts shall also use any other information and databases they may develop to satisfactorily resolve Incidents. (5) If the Tier 1 Help Desk cannot resolve the Incident, an authorized Tier 1 Help Desk individual may contact ESRI Technical Support. The Tier 1 Help Desk shall provide support in such a way as to minimize repeat calls and make solutions to problems available to Licensee. (6) Tier 1 Help Desk individuals identified by Licensee are the only individuals authorized to contact ESRI directly for Tier 2 Support. Licensee may revise named individuals by written notice. b. Tier 2 Support Provided by ESRI (1) ESRI shall log calls received from the Tier 1 Help Desk individuals. (2) ESRI shall attempt to resolve the Incident by assisting the Tier 1 Help Desk individuals. (3) When the Incident is resolved, ESRI shall communicate the information to the Tier 1 Help Desk individuals, and the Tier 1 Help Desk shall disseminate the resolution to Licensee. ESRI may, at ESRI's sole discretion, make patches, hot fixes, or updates available for downloading from ESRI's Web site or deliver them on media. ARTICLE 11—ORDERING, ADMINISTRATIVE PROCEDURES, DELIVERY, AND DEPLOYMENT 11.1 Purchase Orders, Delivery, and Deployment a. Licensee shall issue a Purchase Order upon execution of the ELA and annually thereafter in accordance with the payment schedule. Payment shall be due and payable within thirty (30) days of the anniversary date of the Effective Date, with the initial payment due within thirty (30) days of execution of the ELA. b. Upon receipt of the initial Purchase Order from Licensee, ESRI shall deliver two (2) sets of media containing the Software, Data, and Documentation to Licensee for Deployment activities. ESRI shall ship the media to the ship -to address identified on the Purchase Order, FOB Destination, with shipping charges prepaid. Licensee may purchase additional media sets at the prices in effect at the time of purchase. c. ESRI shall provide Licensee with up to ten (10) hardware keys. Additional hardware keys may be ordered at the prices in effect at the time of purchase. d. ESRI shall provide registration numbers or keycodes, as applicable, to activate the nondestructive copy protection program that enables the Software to operate. e. Licensee shall Deploy, install, configure, and track installation of the Software and Data. 11.2 Purchase Order Requirements a. All orders pertaining to this ELA shall be processed through Licensee's centralized point of contact. b. The following information shall be included in each Purchase Order: (1) Licensee name, ESRI customer number, if known, and bill -to and ship -to addresses (2) Purchase Order number (3) Applicable annual payment due (4) On the face page of its Purchase Order (or ordering document), Licensee shall insert: THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI SMALL MUNICIPAL AND COUNTY ELA, AND ANY DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS IN OR WITH THIS PURCHASE ORDER SHALL NOT APPLY. ARTICLE 12—ENDORSEMENT AND PUBLICITY This ELA shall not be construed or interpreted as an exclusive dealings agreement or an endorsement of ESRI by Licensee. Licensee agrees that upon execution of the ELA, ESRI may publicize the existence of this ELA with Licensee. ARTICLE 13—ADMINISTRATIVE REQUIREMENTS 13.1 OEM Licenses. If Licensee obtains Software, Data, Web Services, or any component thereof as part of an original equipment manufacturer (OEM) software program or product developed and licensed by an OEM business partner of ESRI, Licensee shall not be entitled to or seek any discount from the OEM business partner or ESRI, directly or indirectly, as a result of or based on the availability of such Software, Data, or Web Services, as Enterprise Software under this ELA. In addition, such Software, Data, Web Services, or any component thereof included in the OEM software program or product will be licensed through the license agreement provided by the OEM business partner and not through this ELA. 13.2 Product Obsolescence. During the term of this ELA, some Enterprise Software items may become obsolete, may no longer be commercially offered, or may no longer be available for unlimited quantity Deployment. Licensee may continue to use such Enterprise Software that has been Deployed for the term of the ELA, but updates for such obsolete Enterprise Software may not be available. ESRI's Product Life Cycle Support Policy, available at http://su pport.esri:com/index.cfm?fa=knowledgebase. productLife Cycles.gateway, defines the support phases and overall support plans. ELA Maintenance shall be subject to the Product Life Cycle Support Status, which can be found at http://support.esri.com/ index.cfm?fa=software. gateway by selecting the product type, then clicking the Product Life Cycle link for specific product plans. 13.3 Renewal. Upon expiration of this ELA, the parties will evaluate Licensee's requirements. Any follow-on ELA will be offered in accordance with license terms.and condition and pricing then in effect and based upon Licensee's then current population count. Page 5 of 5 E214 6/08B EXHIBIT 1 SCOPE OF USE <° (E300 5/08C) ESRI, 380 New York St, Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 The scope of use for each ESRI Software identified below is described in the applicable footnotes listed in parentheses. Desktop GIS • ArcReader (20 and 25) • ArcView (1 or 2 and 25 and 44) • ArcEditor (1 or 2 and 25, 26 and 44) • ArcInfo (2, 25, 26 and 44) • ArcGIS Desktop Extensions (7) • ArcView 3.x and Extensions (1, 7, and 17) Server GIS • ArcGIS Server and Extensions - Workgroup (either 3, or 5, and 8, 9, 25, 28, 29, 30, 32, 38, 39, 40 and 45) - Enterprise (either 3, 4, or 5, and 8, 9, 25, 27, 31, 38, 39, 40 and 45) • AroIMS - ArcIMS and Extensions (either 3, 4, or 5, and 8, 10, and 31) - ArcIMS ArcMap Server (either 3, 4, or 5, and 31) • Tracking Server (5 and 31) • ArcGIS Image Server (either 3, 4, or 5, and 8, 31, and 42) - ArcGIS Image Server Service Editor (1) • RouteMAP IMS (either 3, 4, or 5, and 8, 25 and 31) • ArcGIS Business Analyst Server (5, 8, 9, 21, 25, 28, 39, 40, and 45) Mobile GIS • ArcPad (1, 12, 13 and 25) • ArcPad Application Builder (1 and 25) • ArcGIS Mobile Deployments (1, 15, 16 and 25) Developer GIS • ESRI Developer Network (EDN) Software, Web Services, and Data (6, 7, 24, 25, 26, 33, 34, 35, and 36) • ArcGIS Engine Developer Kit and Extensions (1 and 14, 15, 22, 25, 26 and 43) • ArcGIS Engine Runtime and Extensions (1, 15, 22, 25 and 26) • MapObjects-Windows Edition (1, 14, 15, 16, and 18) • MapObjects-Java Edition (1, 5, 8, 15, 18, and 19) • MapObjects LT (1, 14, and 16) • NetEngine (1, 5, and 15) • NetEngine Internet (5) GIS Viewers and Connectors • ArcExplorer-Java and Windows Editions (20 and 25) • ArcGIS Explorer (20 and 25) • ArcGIS For AutoCAD (1, 20 and 25) Business GIS • ArcGIS Business Analyst (1 or 2 and 25 and 45) • BusinessMAP (1 and 25) • ArcLogistics (either 1 or 2 and 25) • ArcLogistics Server (5, 8, 9, 21, 25, 28, 39, 40, and 45) • ArcLogistics Navigator Deployments (1, 15, and 16) Cartographic Production • Maplex (1) • Production Line Tool Set (PLTS) for ArcGIS, GIS Data Reviewer, Map Production System -Atlas, Job Tracking for ArcGIS (JTX) (either 1 or 2), Job Tracking for ArcGIS Server (either 4 or 5, and 7) Web Services • ArcGIS Online (6, 25, 33, 34, and 35) Data • ESRI Data and Maps (either 1 or 5, and 23 and 37) • Demographic Data (either 1, 2 or 5) - CommunityInfo - Retail Marketplace - Consumer Expenditure • Community Tapestry Data (either 1, 2 or 5, and 21) • Community Coder (either 1, 2, or 5, and 21) • Sourcebook•America (1) • ArcGIS Data Appliance -Server Bundle or Data Only (6, 23, and 25) • StreetMap Premium (either 1, 2 or 5, and 23 and 25) 1. "Single Use License." Licensee may permit a single authorized end user to install and use the Software, Data, and Documentation on a single computer for use by that end user on the computer on which the Software is installed. Remote access is not permitted. Licensee may permit the single authorized end user to make a second copy for end user's exclusive use on a portable computer so long as only one (1) copy of the Software, Data, and Documentation is in use at any one time. 2. "Concurrent Use License." Licensee may install and use the Software, Data, and Documentation on computer(s) on a network, but the number of simultaneous users may not exceed the number of licenses acquired. Pagel of 3 E300 5/08C 3. "Development Server License." Licensee may install and use the Software on a single computer to design and build applications that interface with or utilize server Software as described in the Documentation. 4. "Staging Server License." In addition to the Development Server License Rights, Licensee may use and install the Software for the following purposes: user acceptance testing, performance testing, load testing of other third -party software, staging new commercial data updates, and training activities. 5. "Deployment Server License." In addition to the Staging Server License Rights, Licensee may install and use the Software or Data to provide services to multiple users on the same or other computer(s). 6. Provided only as a Term License. 7. Extensions to Software programs follow the same scope of use as that granted for the corresponding Software programs. 8. The administration tools for the Software may be copied and redistributed throughout Licensee's organization. 9. User -developed ArcGIS Server administration tools may be copied throughout Licensee's organization, but the ArcCatalog application (found in ArcGIS Desktop) may not be copied. 10. The ArcIMS license includes the right to deploy MapObjects—Windows Edition applications on the Internet or intranet. Licensee shall not develop client/server solutions with the ArcIMS Java Archive (JAR) files without a license for the MapObjects—Java Edition Developer Kit. 11. Reserved 12. ArcPad SOFTWARE IS NOT LICENSED FOR NAVIGATIONAL USE. 13. "Dual Use License" means the Software may be installed on a desktop computer and may be used simultaneously with either a personal digital assistant (PDA) or handheld mobile computer so long as the Software is only used by a single individual at any one (1) time. 14. Developers must include the following attribution with any deployed MapObjects application: "Portions of this computer program are owned by LizardTech, Inc., and are Copyright © 1995-2002 LizardTech, Inc., and/or the University of California. All rights reserved. U.S. Patent No. 5,710,835." 15. Deployment licenses for desktop or Internet application(s) may be subject to payment of additional license fees. 16. Licensee may deliver applications to its sublicensee(s) provided Licensee uses a written sublicense agreement that protects ESRI's rights in its Software, Data, Web Services, and Documentation to the same extent as the ESRI License Agreement including, but not limited to, the following terms: a. Sublicensee may not reverse engineer, decompile, or disassemble the ESRI Software, Data, Web Services, or Documentation, except to the extent permitted by applicable law; copy for commercial use; transfer; or assign its rights under the license grant; b. Sublicensee may not use any ESRI Software, Data, Web Services, or Documentation, in whole or in part, separate from Licensee's executable application; and c. Third -party dependent or required components are redistributable subject to permission from the owner or author. 17. Licensee may use Business Objects Crystal Reports software only with the ArcView 3.x Software with which it was acquired and subject to the Crystal Reports License Agreement available on the media. Licensee may not use a software program or system to cache or queue report requests. 18. The Deployment license is per application per computer. 19. The MapObjects—Java Edition contains Java Archive files, which indicate they are authentic ESRI-certificated files when used over the Internet. Licensee shall not use ESRI certification or reference ESRI as a source of trusted content in any modified MapObjects Java Archive files. Licensee may deploy the unmodified Java class ESRI certified libraries as an integral part of the Licensee's application(s). 20. Licensee may reproduce and deploy the Software provided all of the following occur: (a) The Software is reproduced and deployed in its entirety; (b) a license agreement accompanies each copy of the Software that protects the Software to the same extent as the ESRI License Agreement, and the recipient agrees to be bound by the terms and conditions of the license agreement; (c) all copyright and trademark attributions/notices are reproduced; and (d) there is no charge or fee attributable to the use of the Software. 21. Licensee shall not withhold any substantial right (e.g., extension of credit) from any individual based solely on the individual's place of residence, as profiled in the Community Tapestry market segmentation system. 22. (a) ArcGIS Engine Runtime licenses shall not be used for Internet and Server development and deployment. (b) An end user must license either ArcGIS Engine Runtime Software or other ArcGIS Desktop Software (ArcView, ArcEditor, or Arclnfo) to obtain the right to run an ArcGIS Engine application on one (1) computer. (c) The ArcGIS Engine Runtime extensions shall not be used in combination with ArcGIS Desktop Software to run ArcGIS Engine applications. A single user can have multiple applications installed on one (1) computer for use only by that end user. Page 2 of 3 E300 5/08C 23. Licensee may redistribute the Data as described in the Redistribution Rights Matrix available at http://www.esri.com/legaU, in the Help system, or in supporting metadata files, subject to the specific attribution descriptions and requirements for the dataset accessed. 24. EDN Software, Web Services, and Data may only be used by one (1) named developer per subscription solely for the purposes of research, development, testing, and demonstration of a prototype application. EDN Software and Data may be installed on multiple computers for use by any named EDN developer. 25. Use of included third -party owned data shall be subject to the Use of Data Restrictions found at http://www.esri.com/legal/ for the specific Data accessed. The Use of Data Restrictions may be modified by ESRI from time to time. If a modification is unacceptable to Licensee, Licensee may cancel a subscription upon written notice to ESRI, or discontinue use of the Data or Web Services, as applicable. If Licensee continues to use the Data or Web Services, Licensee will be deemed to have accepted the modification. 26. ArcSDE Personal is restricted to four (4) gigabytes of Licensee data. 27. ArcGIS Server Web ADF Runtime Software may not be deployed independent of Licensee's ArcGIS Server Enterprise configuration. 28. Limited to ten (10) concurrent end users of non ArcGIS Server applications. This restriction includes use of ArcGIS Desktop Products, ArcGIS Engine Products, and third party applications that connect directly to any ArcGIS Server geodatabase. There are no limitations on the number of connections from Web applications. 29. Can only be used with SQL Server 2005/2008 Express. 30. Restricted to a maximum total of four (4) gigabytes of Licensee data. 31. Redundant Software installation(s) for failover operations may be implemented during the period the primary site is nonoperational. The redundant Software installation(s) shall remain dormant except for system maintenance and updating of databases while the primary site or any other redundant site is operational. 32. No redundant Software installation is permitted. 33. ArcGIS Online may only be utilized in conjunction with ArcGIS Desktop, ArcGIS Server (including the Web ADF), ArcGIS Mobile, ArcGIS Explorer Software, and the ArcGIS APIs (including JavaScripf m and Adobe® Flex®). 34. Licensee's organization is limited to the number of specified credits, transactions, geography, or number of users as described in the online product description. 35. Licensed end users shall not share client -side data cache derived from ArcGIS Online with other licensed end users or third parties. 36. Licensee may not download or store resulting data or information except for results derived from using ArcWeb Services Address Manager. 37. Data provided with StreetMap USA may be used for mapping, geocoding, and routing purposes but is not licensed for dynamic routing purposes. For instance, StreetMap USA may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn) or calculating an alternate route if a turn is missed. 38. ArcGIS Server 3 D extension included with ArcGIS Server (Workgroup or Enterprise) Standard and Advanced may only be used for generating globe data cache(s), or publishing a globe document as an ArcGIS Globe Service. No other use of the ArcGIS Server 3D Extension Software is permitted with ArcGIS Server Standard. ArcGIS Server 3D Extension can be used with ArcGIS Server Advanced if the additional license fees for the 3D extension have been paid. 39. Any editing functionality included with ArcGIS Server (Workgroup or Enterprise) is permitted for use only with ArcGIS Server Advanced. 40. Geospatial Enterprise JavaBeans (EJB) provided with ArcGIS Server (Workgroup or Enterprise) are permitted for use only with ArcGIS Server Advanced. 41. Reserved 42. Licensee has the right to one (1) desktop deployment of the ArcGIS Image Server Service Editor for every four (4) cores of ArcGIS Image Server licensed. Additional Service Editor desktop deployments can be licensed for an additional fee. 43. Licensee may develop an unlimited number of applications on a single computer and deliver the applications to end users with or without the Engine Runtime Software. 44. For any operating system environment in which Licensee runs instances of the Concurrent Use license management software, Licensee may run up to the same number of passive failover instances of the Concurrent Use license management software in a separate operating system environment for temporary failover support. 45. Data licensed with ArcGIS Business Analyst and ArcGIS Business Analyst Server are restricted to use with the respective Business Analyst extension and are not for general use with ArcGIS Desktop or ArcGIS Server Software. Page 3 of 3 E300 5/08C 41 CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Public Works Department Dept/Div/Board.. Utility Systems/Wastewater Staff Contact...... John Hobson (x7279) Subject: Central Plateau Interceptor Phase II Special Assessment District No. 0034 and No. 0035 Exhibits: Issue Paper Ordinance Draft Final Notice of Potential Assessment Final Assessment District Roll For Agenda of: June 8, 2009 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... a X Recommended Action: Approvals: Refer to Utilities Committee Legal Dept......... X Finance Dept...... X Other....... .. P iscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Proiect.. SUMMARY OF ACTION: The Wastewater Utility has completed construction of the Central Plateau Phase II Sanitary Sewer Interceptor. At the regular Council meeting on March 5, 2007, Council approved the preliminary Special Assessment District. The final costs and assessments have been determined and the property owners will be notified, as directed by City Ordinance #4444. There are potentially 101 single- family units that can derive direct benefit because they front the new sewer. There are a total of 4,605 potential lots within the Special Assessment District that due to the oversizing of the new sewer lines can derive benefit from the new sewer. The per -unit area assessment for the district is $351.95. The per -unit frontage assessment for the district is $5,810.34. Interest will accrue on the assessments at a rate of 5.30 percent for a period of 10 years (per City Ordinance #4505) 30 days after final approval of the ordinance. STAFF RECOMMENDATION: Approve the final Central Plateau Phase II Sanitary Sewer Interceptor Special Assessment District No. 0034 (Area) and No. 0035 (Frontage) and present the ordinance for first reading. H:\File Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase II\SAD\Final SAD\Final Agenda Central Plateau SAD.doc\JDHtp PUBLIC WORKS DEPARTMENT p 0000 City of M E M O R A N D U M DATE: May 18, 2009 TO: Randy Corman, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman ministrator STAFF CONTACT: Dave Christensen, Wastewater Supervisor (ext. 7212) John Hobson, Wastewater (ext. 7279) SUBJECT: Establishment of the Central Plateau Phase II Sanitary Sewer Interceptor Special Assessment Districts No. 0034 and No. 0035 ISSUE: Does the City wish to establish Special Assessment Districts for the Central Plateau Phase II Sanitary Sewer Interceptor, in order to ensure that the cost of the project is equitably distributed to those who benefit? RECOMMENDATION: Approve the final Central Plateau Phase II Sanitary Sewer Interceptor Special Assessment Districts No. 0034 and No. 0035 and present the ordinance for first reading. BACKGROUND SUMMARY: The Central Plateau Interceptor Phase II project provides sanitary sewer service to the properties adjacent to the new sewer mains that are located in the streets shown on the attached map. These sewers not only provide a direct benefit to those properties that front it, but have also been sized large enough to provide sewer service for all properties within the proposed assessment boundary. The Wastewater Utility has proposed to use a per connection method of calculating the assessments for the properties within the proposed assessment district. This method takes the size of the existing parcels and anticipates how many single-family residences could be constructed in accordance with the City's proposed zoning for the area. All properties within the assessment district, including the properties that front the sewer, will be assessed an area charge. The area assessment will be calculated as the Council/Cent Plateau Phase II SAD Final May 18, 2009 Page 2 of 2 total cost of the project minus the cost of the frontage improvements and divided by the total number of potential lots within the assessment district. The total cost for the project is $2,247,290.43. However, $39,698.89 of the project cost was for the elimination of the existing Highlands Estates Lift Station and should therefore be removed from the total Special Assessment District cost. The total cost used to calculate the assessments in the Special Assessment District is $2,207,591.54 ($2,247,290.43 - $39,698.89 = $2,207,591.54). We estimate a total of 101 potential lots that will directly front the new sewer. The entire area has a potential of developing into 4,605 single-family lots according to the City's current zoning. Therefore, the frontage and area assessments are as follows: Frontage Cost $116 per ft. x 5,059 ft.= $586,844.00 Per -Connection Cost $586,844.00/101 lots = $5,810.34 Frontage $5,810.34 Area Cost $2,207,591.54 - $586,844.00 = $1,620,747.54 Per -Connection Cost $1,620,747.54/4,605 lots = $351.95 Area $351.95 CONCLUSION: It has been the policy of the City that when sanitary sewer facilities have been installed that the City hold a Special Assessment District in order to ensure that each property that benefits from the new facility pays their fair share of the costs. This policy helps to ensure that the existing ratepayers do not pay a disproportionate share of the costs for these City -installed facilities. Therefore, we recommend that Council approve the establishment of the Central Plateau Phase II Sanitary Sewer Interceptor Special Assessment Districts No. 0034 (Area Charge) and No. 0035 (Frontage Charge). Attachment cc: Lys Hornsby, Utility Systems Director File H:\File Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase II\SAD\Final SAD\Final Central Plateau Issue SAD.doc\JDHtp CITY OF RENTON, WASHINGTON ftofta ORDINANCE NO. 0RAV1- AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO AND/OR BENEFITTING FROM THE CENTRAL PLATEAU INTERCEPTOR PHASE II ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the Central Plateau Interceptor Phase II project in the northeast quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit `B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the Central Plateau Interceptor Phase II as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Area Charge. New connections of residential dwelling units or equivalents shall pay a fee of $351.95 per dwelling unit. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" and which boundary is shown on the map attached as Exhibit `B". B. Per Unit Frontage Charge. There is hereby created a sub -district within the Central Plateau Interceptor Phase II Special Assessment District consisting of properties fronting on the sewer. New connections of residential units or equivalents shall pay a fee of $5,810.34 per dwelling unit. The properties to be assessed for the per unit frontage charge are described in Exhibit "A" attached hereto. A map identifying the properties within the sub -district is attached as Exhibit `B". The properties located within this sub- district are subject to both charges (Area and Frontage). SECTION III. In addition to the aforestated charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 12009. Denis Law, Mayor HAFile Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase II\SAD\Final SAD\SAD_Ordinance-Central Plateau. doc\]DHtp n m z V� nr H D r � D m V) D � C m Ul)� cn z 3 --1 M M n m UQ O ;a;a D u cn (D vli D V) w 3 Uw D U) o� m o � C r* fl- O O Q t. UNAF CITY OF RENTON T FINAL NOTICE OF POTENTIAL ASSESSMENT for City of Renton Central Plateau Phase II Sanitary Sewer Interceptor Special Assessment District No. 0034 and No. 0035 «TAXPAYER_N» TAXPAYER_B» «TAXPAYER C» «ZIP» King County Account No. «ASSESSOR I» LEGAL DESCRIPTION: «LEGAL DESC» PER UNIT ASSESSMENT $XXX On April 22, 2008, I, Bonnie I. Walton, the City Clerk of Renton, Washington, mailed you a notice of potential assessment for sanitary sewer improvements associated with the Central Plateau Phase II Sanitary Sewer Interceptor project. We have now completed construction of these sewer facilities. The facilities, as shown on the attached snap, are eligible for cost recovery under City Special Assessment District Ordinance No. 4444. For those properties that could receive benefit directly by the sewers, future use would trigger payment of a 'fair share' cost of the sewer. This assessment is calculated, as a unit charge, by dividing the cost of the conveyance portion of the sewers by the number of units projected for the basin served by these sewers. The per -unit rate for the above referenced property is located in the upper right corner of this page. The purpose of the assessment district is to allow the City the ability to collect the costs of the construction of the sewer facilities from all those who benefit from its construction. To accomplish this, we are required to record an ordinance which will serve as a notice of potential assessment. This ordinance will establish a boundary that includes any parcel that may benefit in the future. It is our goal to ensure, in fairness to all, that any property owner that connects at a later date pays their share just like those who will connect right away. The benefit area is defined as the ultimate service area that the facility may be able to serve. This boundary is shown on the attached map. This assessment district does not create a lien against real estate and is not a charge against your property until your property is connected to, or benefitting from, the Central Plateau Phase II Sanitary Sewer Interceptor. You will only be required to pay this assessment when the property gains benefit from these sewer facilities. Until that time, the property can be sold or change hands without triggering the assessment. Benefit from these sewer facilities can be described as follows: A property not currently connected to a City sewer facility (i.e., currently utilizing an on -site system or a vacant parcel), that connects to the sewer system associated with this district will trigger the assessment. Until then, the assessment will not be triggered. For those properties that are already connected to City sewer, this assessment will only be triggered if the property increases its density either by change of use (i.e., single family to multi- family housing) or through increased density within the saine use (i.e., further subdivision of land for single family housing). You will not be required to pay the assessment unless one of the above situations occurs. However, the assessment district will accrue simple interest at a rate of 5.30% per annum for a period of ten years. The accrual of interest will begin thirty (30) days after the notice of potential assessment is HAFile Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase 11\SAD\Final SAD\Central Plateau SAD final notice.doc\JDHtp DRAFT recorded with King County Records. To avoid interest charges at a future date, you may pay the amount of assessment during the thirty -day period after recording, interest free. This option is totally at the discretion of the property owner. Some properties within the boundary of this special assessment district are currently within other city held special assessment districts. Each property will only be responsible to pay the charges for the special assessment districts that they derive benefit from. Per City Ordinance No. 4444 you may request an appeal hearing by writing to the Renton City Council, c/o City Clerk, 1055 S. Grady Way, Renton, WA 98057, within twenty (20) days of this mailing (by pxt", , 04 , 5:00 P.M.). Grounds for protest: An appeal shall include a statement of claimed errors that concern the proposed assessment and must be accompanied by a $75.00 non-refundable fee. Errors which are not set forth in writing will not be considered. Pursuant to City Ordinance No. 4444, Sections 9-16-9.0 and D, the only items of appeal that will be considered are the cost of the facilities, the costs distribution methodology, and the issue of benefit to the properties to be assessed Appeal Fee and Appeal Process: A non-refundable appeal fee in the amount of $75.00 shall be submitted with each appeal. If a protest is received and deemed timely and establishes a proper ground for protest according to City Ordinance, a public hearing will be held. If no protests are received, the above -quoted notice of potential assessment will be recorded against your property. The charge(s) will not be collected until you subsequently tap onto or use the facilities covered by the Special Assessment District notice. We hope that this notice will answer most of your questions. If you do, however, have questions pertaining to sewer installations, the background of the assessment district, or the appeal process, please contacts John Hobson (primary) at 425-430-7279 or Dave Christensen (secondary) at 425-430-7212. Bonnie I_ Walton, City Clerk Notice of Final Assessment/Final Hearing H:\File Sys\WWP - WasteWater\WWP-27-3235 Central Plateau Int Phase ll\SAD\Final SAD\Central Plateau SAD final notice.docUDHtp CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT ESTABLISHING CITY OF RENTON AS AN ECITYGOV ALLIANCE PARTNER CITY. WHEREAS, pursuant to the Interlocal Cooperative Act, Chapter 39.34 RCW a number of Cities have entered into an Interlocal Agreement establishing eCityGov Alliance ("the Alliance"), the Interlocal Agreement being dated December 30, 2005; and WHEREAS, the Interlocal Agreement in Section IV entitled Membership and Fee Policy, under Subsection B, allows for new partners to be added to the membership of the Alliance; and WHEREAS, the City of Renton has indicated its desire to become a partner; and WHEREAS, the Executive Board of the Alliance has agreed to add the City of Renton as a partner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement entitled Agreement Establishing City of Renton As An eCityGov Alliance Partner City. PASSED BY THE CITY COUNCIL this day of , 2009. Bonnie I. Walton, City Clerk 1 RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2009. Approved as to form: Lawrence J. Warren, City Attorney RES.1410:5/28/09: scr Denis Law, Mayor 2 a CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES BENEFITTING FROM THE BAXTER LIFT STATION REPLACEMENT AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by the Baxter Lift Station Replacement project in the northwest quadrant of the City of Renton and within King County, which area is more particularly described in Exhibit "A" attached hereto. A map of the service area is attached as Exhibit "B". The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the City does not require payment until such time as the parcel is connected to and, thus, benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District, and which properties have not been charged or assessed with all costs of the Baxter Lift Station Replacement as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fee: 1 ORDINANCE NO. Per Unit CharIze. Any new connection that flows to the Baxter Lift Station shall pay a Lump Sum charge of $166,421.00 total for the entire parcel. SECTION III. In addition to the aforestated charges, there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this day of )2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of )2009. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.15 5 2 : 5 / 19/09 : scr 2 Denis Law, Mayor EXHIBIT A LEGAL DESCRIPTION That portion of Government Lot 5 in Section 29, Township 24 North, Range 5 East, W.M., and shoreland adjoining lying westerly of the Northern Pacific Railroad right-of- way and southerly of a line described as follows: Beginning at the quarter corner on the south line of said Section 29; Thence North 89°58'36" West along the South line of said Lot 5, 1,113.01 feet to the westerly line of said Northern Pacific Railroad right-of-way; Thence North 29°44'54" East 849.62 feet along said right-of-way line to a point hereinafter referred to as Point A; Thence continuing North 29°44'54" East 200.01 feet to the True Point of Beginning of the line herein described; Thence South 56'28'50" West 222.32 feet to a point which bears North 59024'56" West 100.01 feet from said Point A; Thence North 59°24'56" West to the inner harbor line and the end of said line description. LESS that portion of the above described area dedicated as right-of-way under King County Recording No. 20080619001179. Situate in the City of Renton, King County, Washington. C:\Documents and SettingsUSeth\Local Settings\Temporary Internet Files\Content.Outlook\SPSDK6FZ\ExhA.doc LA n m (D