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HomeMy WebLinkAboutContractAGREEMENT WITH DWR SECURITY, LLC DBA PONO SECURITY FOR SECURITY SERVICES AT PIAZZA AND GATEWAY PARKS FOR RENTON FARMERS MARKET THIS AGREEMENT, dated for reference purposes only as June ____, 2022, is by and between the City of Renton (the “City”), a Washington municipal corporation, and DWR Security, LLC DBA Pono Security (“Consultant”), for security services during Renton Farmers Market operations at Piazza and Gateway Parks, 233 Burnett Ave S. and 510 S. 3rd St., Renton 98057. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1.Scope of Work: Consultant agrees to provide park security monitoring as specified in Exhibits “A” and “B” which are attached and incorporated herein and may hereinafter be referred to as the “Work.” 2.Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit “A” or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit “A.” All Work shall be performed by no later than Tuesday, September 27, 2022. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $6,885.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit “A.” The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit “A.” Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. CAG-22-194 3rd PAGE 2 OF 10 B.Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5.Termination: A.The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B.In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. PAGE 3 OF 10 6.Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7.Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8.Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. PAGE 4 OF 10 9.Independent Contractor Relationship: A.The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B.The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the PAGE 5 OF 10 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12.City of Renton Business License: Unless exempted by the Renton Municipal Code, t Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. PAGE 6 OF 10 D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E.Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F.Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G.Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14.Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16.Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Cailín Hunsaker, Parks and Trails Director City Hall – 6th Floor 1055 South Grady Way DWR SECURITY, LLC DBA PONO SECURITY Sean Wilson - Owner 6040 California Avenue SW Suite C PAGE 7 OF 10 Renton, WA 98057 Phone: (425) 430-6606 E-mail: chunsaker@rentonwa.gov Seattle, WA 98136 Phone: (541) 529-5260 E-mail: josh@ponosecurity.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A.Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D.The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18.Miscellaneous: The parties hereby acknowledge: A.The City is not responsible to train or provide training for Consultant. B.Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. PAGE 8 OF 10 C.Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D.In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F.Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19.Other Provisions: A.Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B.General Administration and Management. The City’s project manager is Cailín Hunsaker, Parks and Trails Director. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in PAGE 9 OF 10 accordance with all applicable federal, state, county and city laws, codes and ordinances. F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J.Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N.Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:--l�£�_:J_�fl/:tl��­Ke Parks and Recreation Department Date Approved as to Legal Form By: Contract Template Updated 5/21/2021 PAGE lOOF 10 CONSULTANT By: Josh Stroup � Sean Wilson, Owner Director of Sales Pono Security 6/3/22 Date (approved via email from Cheryl Beyer on 6/3/2022)------------Shane Moloney City Attorney Exhibit A Piazza and Gateway Parks Security Renton Farmers Market •Location and Operating Hours: o Piazza Park at 233 Burnett Ave S west to Gateway Park at 510 S 3rd St o Renton Farmers Market, Tuesdays, 3:00 p.m. to 7:00 p.m. Setup starts at 11:00 a.m. Breakdown between 7:00-8:00 p.m. o Logan Ave S will be closed to vehicular traffic during this time as well •Work Schedule: o Each Tuesday, June 7 to September 27, 2022 o Work schedule will start at 11:00am o Assume a one (1) hour lunch break, when appropriate o End of work schedule at 8:00pm •Security Needs and Expectations: o Observe and report all Illegal activity in accordance with Renton Municipal Code 2-9-8, Park Rules and Regulations. o Patrol all areas of the two parks throughout setup, during Market operation and during breakdown. o Ensure park visitors are following park rules and are not disrupting Renton Farmers Market operations. o Will remain professional and courteous during all contacts with the general public and City staff and volunteers. o Report to City of Renton any safety deficiency that would affect security personnel from monitoring Renton Farmers Market operations. o Security personnel are not special commissioned police officers, are unarmed and not expected to issue citations, make arrests or hold violators. o Call 911 and report to police as needed. •Costs o DWR Security LLC. DBA Pono Security will charge $45.00 per hour. Renton Municipal Code Page 1/6 The Renton Municipal Code is current through Ordinance 6063, passed April 25, 2022. Exhibit B Renton Municipal Code 2-9-8 Park Rules and Regulations 2-9-8 PARK RULES AND REGULATIONS: A.General Provisions: 1. Definitions: a. “Administrator” shall mean the Parks and Recreation Administrator or designee. b. “Authorized personnel” shall include any City of Renton agent, contractor, employee, official, representative, and/or volunteer performing their assigned duties. c. “Park” shall include the following areas, facilities and buildings owned, operated, maintained or managed by the City of Renton: parks, trails, open space areas (a non-developed physical area, including but not limited to natural areas and wetlands), the Maplewood Golf Course, and recreation buildings. 2. Priority of Use: Programs and activities scheduled by the Parks and Recreation Department will have first priority for use of parks and facilities. Otherwise, use of parks and facilities will be on a “first-come first-served” basis. 3. Designee of Administrator: The authority granted to the Administrator is granted to the Administrator’s designee. 4. Exemptions from Rules and Regulations: a. Subsection B.3 of this Section, possession of weapons and fireworks, does not apply to law enforcement personnel or to persons performing authorized duties. b. Subsection B.5 of this Section, Overweight Vehicles in Parks, does not apply to City of Renton maintenance vehicles or to authorized or emergency vehicles. c. Subsection B.6 of this Section, wildlife harassment, does not apply to Administrator authorized wildlife control efforts. d. Subsection B.9 of this Section, Domestic Animals in Parks, does not apply to law enforcement K-9 officers in the conduct of their official duties or to animals used by independent contractors if required in performance of the contract. e. Subsection C.15 of this Section, Parking and Moorage, does not apply to park maintenance, law enforcement watercraft. f. Subsection C.9 of this Section, SCUBA Diving, does not apply to Fire Department personnel, persons performing rescue operations, or authorized persons. B. Criminal Violations: Unless otherwise posted, or approved by the Administrator in writing, it shall be a misdemeanor to do any of the following in a park: 1. Posting of Signs: Use, place or erect any advertising in any park; or to attach any notice bill, poster, sign, wire, rod, or cord to any tree, shrub, railing, post or structure within any park; or to place or erect in any park a structure of any kind. 2. Park Closing: Remain in any park after the posted closing time except when engaged in activities, programs and events scheduled by the Parks and Recreation Department. Renton Municipal Code Page 2/6 The Renton Municipal Code is current through Ordinance 6063, passed April 25, 2022. 3. Weapons and Fireworks: Possess any fireworks, firecracker, torpedo, explosive, air gun, sword, knife, bow and arrow, BB gun, paint ball gun, slingshot, or any other weapon, unless otherwise permitted by federal or state law. 4. Swimming Areas: Disobey rules, signs or lifelines designating swimming areas; transmit a false signal or false alarm of drowning; or to disobey any posted rules and/or instruction of any lifeguard, facility manager, or other authorized Parks and Recreation Department employee. Swimming shall be permitted only within the designated swimming areas. 5. Overweight Vehicles in Parks: Operate or drive any vehicle with a gross weight of over thirty-two thousand (32,000) pounds or a maximum width of over one hundred two inches (102") except for places set apart for such purposes by the Administrator and designated by signs. 6. Wildlife Feeding and Harassment: Tease, annoy, disturb, molest, catch, injure or kill, throw any stone or missile of any kind at or strike with any stick or weapon any animal, bird, or fowl in any manner; or to feed any fowl or bird in any park. 7. Concessions, Sales, Commercial Activities, Distribution and Posting Pamphlets: Perform the following activities in a park area: a. Operating a fixed or mobile concession or event or traveling exhibition. b. Soliciting, selling, offering for sale, peddling, hawking, or vending any goods or services. c. Advertising any goods or services other than the direct handing of written advertising to any one person. d. Filming, recording, or photographing for commercial purposes without authorization from the Administrator. e. Conducting classes or organized competitions. f. Distributing any commercial circular notice, leaflet, pamphlet or printed material of any kind in any Parks and Recreation buildings. These facilities are not public forums or limited public forums and are designated solely to the specific purposes for which they are dedicated. g. Entering upon, using or traversing any portion of a park for commercial purpose, including fund raising and/or fund solicitation. h. Attaching or securing to any vehicle or structure any commercial circular notice, leaflet, pamphlet or printed material of any kind. 8. Water Craft: Have, keep or operate any boat, float, raft or other water craft in or upon any bay, lake, slough, river or creek, or to land the same at any point upon the shores of a park except at places set apart for such purposes by the Administrator and so designated by signs. It shall be unlawful to launch a boat or other water craft larger than ten thousand (10,000) pounds or longer than thirty feet (30') at Gene Coulon Memorial Beach boat launch. 9. Domestic Animals in Parks: Allow or permit any domestic animal, including service animals, to run at large, or enter any swimming area, pond or fountain. A dog brought into or kept in a park or trail area shall be on a leash not more than six feet (6') in length and under direct control of owner. Exceptions to leash requirements may be made only for approved scheduled events. a. No domestic animals, except for service animals, will be allowed in any park that permits swimming. Dogs, except for service animals, are not permitted in Gene Coulon Memorial Beach Park, Kennydale Beach Park, or the beach at Cedar River Park. Renton Municipal Code Page 3/6 The Renton Municipal Code is current through Ordinance 6063, passed April 25, 2022. b. Any person with a dog or other pet in their possession in any park shall be responsible for both the conduct of the animal and for removal from the park of feces deposited by such animal. The person with the dog or other pet must have in their possession the equipment or supplies required for feces removal. c. No domestic animals, except for service animals, will be allowed at any special event held at any park or in any area in a park posted with signs prohibiting domestic animals, unless permission is granted by the Administrator. d. No domestic animals, except for service animals, will be allowed at the Maplewood Golf Course, the Farmer’s Market and Meadow Crest Playground. 10. Authority to Remove Persons in Parks: Stay in a park when directed to leave by an authorized Parks and Recreation Department employee or any police officer. Pursuant to RMC 6-30-2, any person violating these park rules and regulations may be subject to expulsion from all city parks. 11. Vandalism: Remove, destroy, mutilate, deface or tie any material to any structure, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, fern, plant, flower, lighting system or sprinkling system, or other park property. 12. Noise Restrictions: Violate any applicable noise restrictions of Chapter 8-7 RMC, and in particular the following provisions: a. It is unlawful to play car stereos, radios, or “boom boxes” – portable audio equipment, such as tape or compact disc players or musical instruments – so loudly they interfere with normal conversations or cause annoying vibrations at a distance of seventy-five feet (75') or more. b. It is unlawful to operate or use any loudspeaker or other mechanical means of amplifying sound in any park without a written permit from the Administrator. 13. Conduct: Use abusive, vile, profane, or obscene language or threats, which interfere with the reasonable use of a park by the general public; engage in acts of violence, including but not limited to fights of any kind, or to act in a violent, threatening, intimidating, or hostile manner toward another person whereby such person is put in reasonable fear for his/her safety; jump off of any bridge or structure into a lake, river, creek or other body of water except as permitted in subsection B.5 of this Section in designated swim areas. 14. Lost Property: Fail to turn in any property or objects found on any park premises to the park staff or directly to the office of the Police Department, at City Hall, Renton, Washington. The article shall be disposed of in accordance with applicable city and state laws. 15. Introduction of Foreign Matter: Construct any structure, wall, fence, footing, drive, walk, steps, or path on park property, or to deposit invasive plants onto park property, or to use or maintain park property as an extension of private property. 16. Urinating in Public: Urinate or defecate in a public place or in a place open to public view, consistent with RMC 6-18-11.A.4. 17. Additional Violations: Violate any state or municipal criminal laws. (Ord. 5762, 7-13-15) C. Civil Infractions: Unless otherwise posted, or approved by the Administrator, it shall be a civil infraction to do any of the following in a park: 1. Activities: Practice or play golf, baseball, cricket, soccer, polo, archery, hockey, volleyball, badminton or other games of like character, or to fly a kite, or to hurl, propel, or fly any airborne or other missile, including model airplanes, radio operated airplanes or other flying devices except in places and times set apart for such purposes by the Administrator; erect any inflatable structure, such as “bounce houses”, with the exception of city-sponsored events; or access Maplewood Golf Course property for the purpose of “hunting” for golf balls, or to remove practice range balls from the Maplewood Golf Course driving range. Renton Municipal Code Page 4/6 The Renton Municipal Code is current through Ordinance 6063, passed April 25, 2022. 2. Trail Signs: Disregard or disobey trail signs. All trail users must obey all posted trail signs. It is not a defense in any proceeding that the trail user did not see the posted sign. 3. Motorized and Non-Motorized Vehicles in Parks: Ride, park or drive any bicycle, tricycle, motorcycle, motor vehicle, skateboard, rollerblades, roller-skates, land sailing device, scooter, unicycles or any other wheeled or similar vehicle, horse or pony on, over, or through any park designated by signage; or use the Renton Skate Park at Liberty Park with any device other than a skateboard or in-line skates. This Subsection does not apply to a disabled person using a wheelchair, wheeled prosthetic(s) or other wheeled vehicle. 4. Motorized Vehicles on Trails: Operate any motorized vehicle on City of Renton trails, except those vehicles used by authorized personnel in the performance of their assigned duties or authorized projects. 5. Dismount Zones: Bicycle operators must dismount their bicycle and remain dismounted in a “dismount zone.” Failure to dismount or remain dismounted in a dismount zone is a violation of these rules and regulations. Failure to see a sign is not a defense. For purposes of these rules and regulations the dismount zones on the Cedar River Trail (“Trail”) are: a. The Trail between the southeast side of the Bronson Way bridge to the northwest side of the Logan Avenue bridge. b. The Trail between North 6th Street and the mouth of the Cedar River at Lake Washington. c. The pedestrian bridge under I-405. d. For purposes of this Subsection C.5, the term “dismount” means: i. The bicycle operator walks on foot alongside the bicycle. ii. It is not a dismount if the bicycle operator remains seated on the bicycle seat. iii. It is not a dismount if the bicycle operator has either foot on a pedal of the bicycle, whether or not the bicycle is being propelled by the rotation of the front sprocket. 6. Speeding on Trails: Travel on a trail at a speed in excess of posted speed limits or greater than is reasonable and prudent under the existing conditions or in disregard for actual and potential hazards (such as pedestrians or poor visibility). In every event, speed shall be so controlled as is necessary to avoid colliding with others using the trail. Travel at speeds in excess of fifteen (15) miles per hour on any trail shall constitute in evidence a prima facie presumption that the person violated this Section. Travel on the Cedar River Trail, (i) between 149th Avenue S.E. and I-405 Termination Point, or (ii) between the NW side of Logan Avenue to North 6th Street at speeds in excess of ten (10) miles per hour shall constitute in evidence a prima facie presumption that the person violated this Section. 7. Vehicle and Boat Repair in Parks: Operate, repair or service any motor vehicle, motorcycle or boat on park property, including docks, for the purpose of testing, servicing or repairing. 8. Racing in Parks: Engage in, conduct or hold any trials or competitions for speed, endurance or hill climbing involving any vehicle, watercraft, aircraft, or animal. 9. SCUBA Diving: SCUBA diving from park docks or shorelines, or from areas of boat parking or moorage or at the boat ramp at Gene Coulon Memorial Park. 10. Camping and Overnight Stays in Parks: Erect a tent or other enclosed shelter or to arrange bedding, or both, on City property; or, park a camp trailer, camper or other vehicle at any time; all except in places and times set apart for such purposes by the Administrator. (Ord. 5854, 8-7-17) 11. Fires and Barbecues: Build fires except in areas designed and set aside for such purpose by the Administrator; use any portable barbecue over thirty-six inches (36") in length or less than thirty inches (30") in Renton Municipal Code Page 5/6 The Renton Municipal Code is current through Ordinance 6063, passed April 25, 2022. height over a combustible surface unless said surface is protected by a heat shield or fireproof device placed under the barbecue; or place hot coals onto park grounds or into any trash containers or water bodies. 12. Metal Detecting: Use in any park a device to detect ores or metals, without prior written Administrator approval. 13. Glass Containers in Parks with Swimming Areas: Possess any glass container in any portion of the park or park facility that permits swimming. 14. Group Rally/Special Use Permit: Conduct any group rally in a park area or designated facilities where such activities will conflict in any way with normal park usage, without prior written Administrator approval. Special Permit Required: Groups that desire to use City of Renton facilities may be granted Special Use Permits by the department, but will be subject to a user fee. Where appropriate, special conditions of use shall be established by the Parks and Recreation Department and so noted on the Special Use Permits. 15. Parking and Moorage: a. Park in an area designated for a particular recreational activity, unless participating in that activity. Vehicles parked in violation of this Subsection may be impounded at owner’s expense. b. Utilize the boat launch without a permit. Boat or watercraft users who are launching at Gene Coulon Memorial Beach Park without an annual permit must pay the posted usage fee. c. Moor any boat or watercraft beyond posted time limits. Watercraft moored in violation of this Section may be impounded at the owner’s expense. 16. City Events: Disobey any city-sponsored event park signage that relates to special circumstances for that event. 17. Alcohol: Possess an open container or consume alcoholic beverages except in areas designated by the Administrator and/or during certain Administrator authorized events. Designated areas are (a) Maplewood Golf Course, when such beverages are purchased and consumed within the concessionaire’s licensed premises; and (b)designated areas of the Renton Community Center and Renton Senior Activity Center facilities as part of a facility rental. All activities shall comply with all Washington State Liquor Control Board requirements. 18. Smoking: Smoking tobacco, tobacco byproducts or other smoke-emitting substances within Piazza Park, Gateway Park, the former Big 5 lot, and the north side of the Renton Pavilion Event Center. For purposes of this section, “smoking” is defined as the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. (Ord. 5762, 7-13-15; Ord. 5831, 1-23-17) D. Littering: Littering is prohibited, pursuant to RCW 70.93.060 (Littering prohibited – Penalties – Litter cleanup restitution payment). Littering includes throwing or depositing any refuse or other material in any park, except in designated receptacles; taking garbage or refuse generated outside a park to a park for disposal; unlawfully dumping yard waste, litter, or debris in any park; and failing to remove or properly dispose of party decorations, including, but not limited to, pinatas, streamers, balloons, or picnic items, such as paper or plastic plates or cups or table coverings. (Ord. 5762, 7-13-15) E. Penalties: 1. Criminal Violations: Those park rules and regulations identified as criminal violations are codified in this Section and punishable pursuant to RMC 1-3-1 and 6-10-1.F. For enforcement purposes, law enforcement and staff may cite to RMC 2-9-8 or the park rules and regulations pamphlet. Renton Municipal Code Page 6/6 The Renton Municipal Code is current through Ordinance 6063, passed April 25, 2022. 2. Civil Infractions: Those park rules and regulations identified as civil infractions are punishable pursuant to RMC 1-3-1. For enforcement purposes, law enforcement and staff may cite to this Section or the park rules and regulations pamphlet. (Ord. 5762, 7-13-15; Ord. 5831, 1-23-17) F.Trail Etiquette: 1. All Users: a. Obey all trail signs and regulations. b. Show courtesy for other trail users at all times. c.Keep dogs on leash, maximum length 6 feet (dogs are not allowed in Gene Coulon Memorial Beach Park, Kennydale Beach Park, or the beach at Cedar River Park). d. When entering or crossing a trail at an uncontrolled point, yield to traffic already on the trail. e. No group of trail users shall occupy more than half of the trail nor impede the normal movement of trail users. f. Stay to the right except to pass. g. Pass others, going your direction, on the left. Pass with ample separation and do not move back to the right until safely past. h. Use lights at night. 2. Pedestrians: Listen for audible signals and allow faster trail users to pass safely. When possible walk to the right. 3. Bicyclists: a. Cyclists are required to wear safety helmets on all trails in King County. b. Yield to slower and oncoming users. Always give an early audible (voice, bell, horn) warning before passing another trail user, allowing them adequate time to react. c. When possible, pass on the left. (Ord. 5687, 5-13-13; Ord. 5694, 10-7-13; Ord. 5762, 7-13-15) 1 Prior legislation: Ords. 2857, 6-3-74; 3127, 4-25-77; 3706, 1-24-83; 4319, 7-1-91; 4419, 9-13-93; 4452, 6-3-94 and 4663, 4-21-97.