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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, March 21, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Audience comments will be accommodated through Zoom. Speakers must
click the link to the registration form (linked below), fill it out, and submit it by 5 p.m. on the
day of the Council meeting. The public may also submit comments in writing to
cityclerk@rentonwa.gov by 5 p.m. on the day of the meeting. Registration is not required for
those who wish to speak during public hearings.
Registration for Audience Comment
Registration will be open at all times, but speakers must register by 5 p.m. on the day of a
Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of
the Council meeting will not be called upon to speak and will be required to re-register for the
next Council meeting if they wish to speak at that next meeting.
• Request to Speak Registration Form
• You may also copy/paste the following URL into your browser:
https://forms.office.com/g/bTJUj6NrEE
• You may also call 425-430-6501 or email jsubia@rentonwa.gov or
cityclerk@rentonwa.gov to register. Please provide your full name, city of residence,
email address and/or phone number, and topic in your message.
• Instructions for Virtual Attendance
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or
copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-
215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on
the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 5 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
a) Administrative Report
4. AUDIENCE COMMENTS
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
5. 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 March 14, 2022.
Council Concur
b) AB - 3092 Equity, Housing, and Human Services Department requests authorization to
enter into an agreement with Benita R. Horn and Associates, in the amount of $175,000,
for 2022-2023, for consulting services that will further work toward the Business Plan
goal of, “Building an inclusive, informed and hate-free city with equitable outcomes for
all in support of social, economic, and racial justice."
Refer to Finance Committee
c) AB - 3096 Finance Department requests authorization to hire a Senior Finance Analyst at
Step D of salary grade m25, effective April 1, 2022.
Council Concur
d) AB - 3097 Parks & Recreation Department - PPNR recommends approval of a Purchase
and Sales Agreement with Robert G. Perelli, for the acquisition of 140 Park Ave N; and
authorization to execute an Option to Purchase and Right of First Refusal, with Robert G.
Perelli, for 144 Park Ave N should the owner decide to sell the property, with a total
acquisition cost of $440,000; additionally, a 2022 Carry Forward budget adjustment will
transfer appropriate funding to the Park Ave N Acquisition account.
Refer to Finance Committee
6. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Public Safety Committee: Revision to RMC 2‐4‐4 regarding the Rules Governing Civil
Service Commission Appointments; HIDTA State and Local Task Force Agreement ‐ Valley
Narcotics Enforcement Team, MOU, and Certification
b) Utilities Committee: Agreement with Carollo Engineers, Inc. for the 2022 Renton Sanitary
Sewer Replacement Project
7. LEGISLATION
Ordinance for first reading:
a) Ordinance No. 6059: Amending Civil Service Code (See Item 6.a)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:30 p.m. - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
March 14, 2022 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, March 14, 2022
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ryan McIrvin, Council President
James Alberson, Jr., Council Position No. 1
Carmen Rivera, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
(All councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
Patrice Kent, Senior Assistant City Attorney
Jason Seth, City Clerk
Judith Subia, Council Liaison
Kristi Rowland, Deputy Chief Administrative Officer
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Finance Department Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Kelly Beymer, Parks & Recreation Department Administrator
Cailín Hunsaker, Parks & Trails Director
Ron Straka, Public Works Utility Systems Director
Vanessa Dolbee, Planning Director
Kim Gilman, HR Labor Manager
AGENDA ITEM #5. a)
March 14, 2022 REGULAR COUNCIL MEETING MINUTES
Chief Jon Schuldt, Police Department Administrator
Commander Lance Gray, Police Department
(All City staff attended remotely except City Clerk Seth)
ADMINISTRATIVE REPORT
CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2021 and
beyond. Items noted were:
• On March 3, Mayor Pavone issued an emergency proclamation, allowing emergency
work on a bank stabilization project near 3500 Jones Ave NE. The work was in
response to the February 28 through March 3 storm event. Bank erosion along the
right bank of May Creek, which would have likely led to a partial collapse of Jones Ave
NE, was observed early morning on March 3 by city crews. Surface Water Utility
Division coordinated with Washington Department of Fish and Wildlife (DFW) for
permitting and other regulations required for the repair work. DFW staff and city staff
from Transportation and Surface Water will meet on March 17 to determine the
mitigation requirements for the emergency work.
• The Emergency Feeding Program/SOS will be hosting pop-up lunch events at the
Sunset Neighborhood Park; 2680 Sunset Lane NE, from 12:30-2 p.m. on March 15, 22,
and 29. Unsheltered and those residents with food insecurities will receive free ready-
to-eat food and drinks from Amazon Fresh. Personal hygiene kits, cleaning supplies,
and socks will also be available.
• Come visit Renton History Museum’s newest exhibit With This Ring. Using objects and
photos from the Museum’s collection, With This Ring takes a historical look at
marriage in Renton, from finding a partner to weddings to working partnerships to
same-sex unions. The exhibit is the product of many years of research into Renton’s
varied unions and their remarkable stories. On exhibit from March 2, 2022 through
October 19, 2022.
• Renton Urban Forestry, Renton GIS and Renton Museum announce a story map
project called the Historical Tree Tour of Downtown Renton. The looped stroll of the
streets in downtown Renton encompasses 14 sites, where you can start at City Hall or
any point on the route. Existing significant trees in the immediate neighborhood are
identified along the way. At each location information will populate in the story map
on any mobile device. At each location, information will populate in the story map on
any mobile device. You’ll learn about trees and historical people, places and activities
plus view historical photos.
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of February 28, 2022. Council Concur.
b) AB - 3082 Community & Economic Development Department requested authorization to
prepare an ordinance amending membership requirements to allow up to two members who
own businesses within Renton city limits. Council Concur.
AGENDA ITEM #5. a)
March 14, 2022 REGULAR COUNCIL MEETING MINUTES
c) AB - 3086 Community & Economic Development Department submitted the 2022 Title IV
Docket #17 work program for review. Following this review the Planning Commission will
present code revision recommendations to Council. Refer to Planning Commission and
Planning & Development Committee.
d) AB - 3070 Human Resources / Risk Management Department recommended approval of an
ordinance revising Renton Municipal Code (RMC) 2-4-4 which removes the requirement from
the Renton Municipal Code for a Civil Service Commissioner to be an elector of the county
where they reside; allows a commissioner to be a lawful permanent resident or citizen; and
reduces the requirement to be a Renton resident from three years to one year prior to
appointment. Refer to Public Safety Committee.
e) AB - 3088 Parks & Recreation Department recommended approval of an agreement with the
Washington Association of Cities, in order to accept $129, 472 in grant funds to be utilized for
evidence-based outdoor, summer enrichment programs for youth ages 4-21. Refer to Finance
Committee.
f) AB - 3085 Parks & Recreation Department - PPNR submitted CAG-19-243, contract with Terra
Dynamics, Inc., and requested approval to accept the Sunset Neighborhood Park Phase 2
project, and release the retainage bond after 60 days once all required releases from the
State have been received. Council Concur.
g) AB - 3073 Police Department recommended approval of the High Intensity Drug Trafficking
Areas (HIDTA) agreement and an Asset Forfeiture Sharing Memorandum of Understanding
(MOU) with the US Department of Justice, Drug Enforcement Administration (DEA), which
provides one (1) commissioned police officer to work full time as a member of the Seattle
Enforcement Group D-22 Task Force (VNET). Refer to Public Safety Committee.
h) AB - 3087 Public Works Utility Systems Division recommended approval of the Water Quality
Grant Agreement WQC-2022-Renton-00100, with the Department of Ecology, to accept
$202,125 in grant funds for the Stormwater Management Action Planning project. Refer to
Finance Committee.
i) AB - 3091 Public Works Utility Systems Division recommended approval of an agreement with
Carollo Engineers, Inc., in the amount of $443,709, for engineering services for the 2022
Sanitary Sewer Replacement project. Refer to Utilities Committee.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to approve the following payments:
1. Accounts Payable – total payment of $7,994,541.62 for vouchers 10422, 10424,
10435-10440, 398348-398352, 398361-398493; payroll benefit withholding vouchers
6780-6790, 398353-398360 and 3 wire transfers.
2. Payroll – total payment of $1,570,969.93 for payroll vouchers that include 602 direct
deposits and 7 checks. (02/01/22-02/15/22 pay period).
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #5. a)
March 14, 2022 REGULAR COUNCIL MEETING MINUTES
b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to authorize the Mayor and City Clerk to execute Grant Agreement WQSWPC-2022-Renton-
00047 with the Department of Ecology to accept $4,797,875.00 in grant funds for the Monroe
Avenue NE Storm System Improvement Project.
MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Community Services Committee Chair Rivera presented a report concurring in the staff
recommendation to confirm Mayor Pavone’s appointment of Janna Kushneryk to the Renton
Municipal Arts Commission for an unexpired term expiring on December 31, 2022.
MOVED BY RIVERA, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Community Services Committee Chair Rivera presented a report concurring in the staff
recommendation to confirm the following appointments made by Mayor Pavone for the Equity
Commission:
• Cassandra Baddeley, for a term expiring 12/31/22
• Lisa Davis, for a term expiring 12/31/23
• Nicole Hill, for a term expiring 12/31/24
• Manami Imaoka, for a term expiring 12/31/24
• Celina Kershner, for a term expiring 12/31/23
• Morgan Kroeger, for a term expiring 12/31/24
• Ashok Padhi, for a term expiring 12/31/22
• Aleja Rubalcaba, for a term expiring 12/31/22
• Rueben Turk, for a term expiring 12/31/23
MOVED BY RIVERA, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Transportation Committee Chair Văn presented a report concurring in the staff recommendation
to approve the compensation at $0 and adopt the Ordinance to vacate a portion of Chelan Ave
NE within the Renton School District development project.
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
f) Planning & Development Committee Chair Prince presented a report concurring in the staff
recommendation to confirm Mayor Pavone’s appointment of Mr. Jeffrey Kelly to the Planning
Commission for an unexpired term expiring 6/30/22.
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
LEGISLATION
Resolution:
a) Resolution No. 4463: A resolution was read proclaiming an Emergency.
MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
AGENDA ITEM #5. a)
March 14, 2022 REGULAR COUNCIL MEETING MINUTES
Ordinance for first reading and advancement to second reading:
b) Ordinance No. 6058: An ordinance was read vacating a portion of Chelan Avenue NE at
approximately the 1100th block of Chelan Avenue NE, north of NE 10th Street (Chelan Ave
Street Vacation; VAC-21-001).
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL ADVANCE THE ORDINANCE FOR
SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED.
Following second and final reading, it was
MOVED BY VǍN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED.
TIME: 7:19 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
14 Mar 2022
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
March 14, 2022
March 15, 2022
Tuesday
3:30 PM Utilities Committee, Chair Alberson – VIDEOCONFERENCE
1. Agreement with Carollo Engineers, Inc. for the 2022 Renton Sanitary
Sewer Replacement Project
2. Emerging Issues in Utilities
Update on Downtown Utilities Improvement Project
Update on Republic Services Labor Disruption Customer
Rebates
4:30 PM Transportation Committee, Chair Văn – VIDEOCONFERENCE
1. Emerging Issues in Transportation
Update on Local Road Safety Plan
March 21, 2022
Monday
4:30 PM Public Safety Committee, Chair Pérez – VIDEOCONFERENCE
1. Revision to RMC 2‐4‐4 regarding the Rules Governing Civil Service
Commission Appointments
2. HIDTA State and Local Task Force Agreement ‐ Valley Narcotics
Enforcement Team, MOU, and Certification
3. Update on New State Legislation Affecting Public Safety
4. RFA Briefing *
5. Emerging Issues in Public Safety
5:30 PM Committee of the Whole, Chair McIrvin – VIDEOCONFERENCE
1. Retirement Savings and Health Insurance Plans
2. Risk Management 502 Insurance Fund Review
3. Council Chambers Audio, Visual, and Broadcasting Update
7:00 PM Council Meeting – VIDEOCONFERENCE
* revised 03/15/22
AGENDA ITEM #5. a)
AB - 3092
City Council Regular Meeting - 21 Mar 2022
SUBJECT/TITLE: Agreement with Benita R. Horn and Associates for Equity and
Inclusion Program Services
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Equity, Housing, and Human Services Department
STAFF CONTACT: Preeti Shridhar, EHHS Administrator
EXT.: 6569
FISCAL IMPACT SUMMARY:
The total cost of the agreement with Benita R. Horn and Associates is $175,000 and a budget adjustment will
be made in Q1 2022 to reallocate budget within Equity, Housing, and Human Services Department’s
Administration Division Contracted Services budget.
SUMMARY OF ACTION:
The city has been contracting with Benita R. Horn and Associates for consultant services since 2014. In
support of the 2022-2027 Business Plan, the City Council approved a reorganization of several city
departments and created the Equity, Housing, and Human Services Department (EHHS) in July 2021.
EHHS manages the city’s Equity and Inclusion Program, as well as affordable housing, services provided
to vulnerable populations, and cold weather shelters, among other related items. Benita R. Horn and
Associates has provided training to city staff, boards, commissions, and local city partners on
Foundational Inclusion, Implicit Biases, and Renton’s Equity Lens. As a result, staff, boards,
commissions, and our partners have been able to implement programs, policie s, and processes that
raise awareness on the importance of equitable treatment and redirect such practices to work toward
accomplishing the Business Plan’s goal of, “Building an inclusive, informed and hate -free city with
equitable outcomes for all in support of social, economic, and racial justice.” The 2022-2023
agreement with the consultant will continue to build foundational structure to support the following
efforts:
EHHS Department development and organizational effectiveness.
Supporting planning and integration of effective, sustainable approaches supporting equitable
outcomes.
Supporting the Renton Equity Commission and Mayor’s Inclusion Task Force.
Enhancing and strengthening community access and partnerships to promote ongoing resident
involvement.
Renton Equity Lens and integration of citywide effective, sustainable approaches supporting equitable
outcomes.
Supporting partnerships between city and external stakeholders that strengthen understanding and
engagement in ways that systemically embed inclusion.
AGENDA ITEM #5. b)
Supporting promotion of understanding and appreciation of our diversity through celebrations,
education forums, and festivals.
Offering other recommendations that help support the city’s overarching Inclusion progress.
This agreement continues the city’s work with the consultant through March 31, 2023.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into an agreement with Benita R. Horn and Associates for 2022 -
2023 consulting services that will further work toward the Business Plan goal of, “Building an inclusive,
informed and hate-free city with equitable outcomes for all in support of social, economic, and racial justice.”
AGENDA ITEM #5. b)
AGREEMENT FOR EQUITY AND INCLUSION PROGRAM SERVICES
THIS AGREEMENT, dated for reference purposes only as March 11, 2022, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Benita R. Horn & Associates
(“Consultant”), a sole proprietorship. 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 all labor necessary to perform all work as
specified in Exhibit A, which is attached and incorporated herein and may hereinafter be
referred to as the “Work.” Exhibit A includes terms for reimbursable expenses, and
reporting requirements.
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 on
April 1, 2022 pursuant to the schedule(s) set forth in Exhibit A. All Work shall be
performed by no later than March 31, 2023.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed one hundred seventy five thousand dollars
($175,000.00), plus any applicable state and local sales taxes. Compensation shall be
paid at a flat rate of fourteen thousand two hundred fifty dollars ($14,250.00) per
month, plus up to four thousand dollars ($4,000.00) total additional reimburseable
expenses according to the terms in Exhibit A of this Agreement.
B. Rate. The Consultant agrees that monthly rate charged by it for its Work shall remain
the same throughout the term of this Agreement, unless otherwise agreed to in
writing.
C. Taxes. 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.
AGENDA ITEM #5. b)
PAGE 2 OF 15
D. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work. 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 Consult ant will
correct or modify its performance to comply with the Agreement. The City may
withhold payment for work that does not meet the requirements of this Agreement.
E. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
F. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. 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 prepar ed 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.
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
AGENDA ITEM #5. b)
PAGE 3 OF 15
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.
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
AGENDA ITEM #5. b)
PAGE 4 OF 15
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
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 th is indemnification. The Parties
AGENDA ITEM #5. b)
PAGE 5 OF 15
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.
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
AGENDA ITEM #5. b)
PAGE 6 OF 15
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 t he
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 recei pt
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
Preeti Shridhar
Administrator
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6569
pshridhar@rentonwa.gov
CONSULTANT
Benita Horn
Consultant
18643 109th Avenue SE
Renton, WA 98055
Phone: (425) 277-2087
bhorn@rentonwa.gov
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
AGENDA ITEM #5. b)
PAGE 7 OF 15
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, sen sory 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 compensat ion 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.
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.
AGENDA ITEM #5. b)
PAGE 8 OF 15
B. General Administration and Management. The City’s project manager is Preeti
Shridhar, Equity, Housing, and Human Services Administrator. 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
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
AGENDA ITEM #5. b)
PAGE 9 OF 15
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:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Benita Horn
Consultant
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
M. Patrice Kent
Senior Assistant City Attorney
Contract Template Updated 5/21/2021: amended 03.11.2022 (Ref #1888)
AGENDA ITEM #5. b)
PAGE 10 OF 15
EXHIBIT A
Renton Equity and Inclusion Scope of Work
April 1, 2022 through March 31, 2023
A. Purpose:
This Scope of Work supports the City of Renton (City) Business Plan for 2022 -2027, specifically
the Goal to “build[] an inclusive informed and hate-free city with equitable outcomes for all in
support of social, economic, and racial justice.” The Consultant advises municipal and corporate
entities on issues of Diversity, Equity, and Inclusion.
The intent of this broad scope is to: establish inter-departmental and City-wide structures and
organizational development in support of inclusive government; to provide technical advice on
programmatic development for the newly establish Equity, Housing, and Human Services
department; develop and strengthen access to, and effective communications with, City
operations by historically marginalized City residents.
B. Time, Location, Resources:
The focus areas noted below are anticipated to require an average of thirty (30) hours per week
from the Consultant team. In consideration of the City-wide integration, a work area will be
made available on a first-come basis for Consultant(s) working with the EHHS in City Hall.
Additional resources, including a City-identified telephone numbers and/or email address, may
be made available to the Consultant for responsiveness to public records and planning needs as
well as for programmatic succession requirements. Nothing in this section should be construed
to limit the behavioral, financial or other relationship consideration of the Consultant as an
independent contractor.
C. Reimbursable Expenses:
Reimburseable expenses may be approved, in writing and in advance, for travel or conference
costs by the Consultant to represent or for the interests of the City. To the extent
reimburseable expenses are considered “travel expenses”, reimbursement not exceed
requirements under the City’s Travel Expense and Reimbursement Policy # 210-01 (available for
review on the City’s website here:
https://edocs.rentonwa.gov/Documents/DocView.aspx?id=777069&dbid=0&repo=CityofRento
n&searchid=ffcd91eb-4c42-428f-a3a9-6bfad0cef40c ).
D. Monthly Progress Reports:
The Consultant shall provide a monthly progress report on the work performed supporting the
focus areas outlined in the Equity/Inculsion Work Focus Areas below.
AGENDA ITEM #5. b)
PAGE 11 OF 15
E. Equity/Inclusion Work Focus Areas:
I. Equity, Housing and Human Services (EHHS) Department Development and
Organizational Effectiveness
a. Provide technical assistance to the EHHS Administrator, or her designee(s), in the
integration and implementation of equity and inclusion endeavors t hroughout
the department.
b. Advise onboarding and development of a Community Outreach Coordinator to
align with and meet organizational needs as developed in support of this
Agreement.
c. Advise the development of a department-wide strategic plan for equitable
outcomes for City residents.
d. Provide technical assistance to the EHHS Administrator and division managers as
needed in establishing and implementing the equity and inclusion goals of the
department and respective divisions, including:
i. Recommend and support the development of community collaborations
and partnerships in the area of human services for Renton residents;
ii. Identify networking opportunities to explore human service opportunities
with providers and facilitate relationship development among them;
iii. Provide additional technical expertise for the Human Services Equity and
Community Needs Assessment and Human Services Plan.
e. Recommend funding priorities for the department that arise under the
organization structure developed under this Agreement.
f. Support the use of the Renton Equity Lens in decision -making on policies,
practices, programs, and funding.
II. Support the Planning and Integration of Effective, Sustainable Approaches that
Support Equitable Outcomes
a. Provide education and technical expertise regarding policies, management, and
decision making processes to reflect inclusive leadership.
b. Provide technical expertise for EHHS to maintain ongoing interdepartmental
dialogue, and document Diversity, Equity, and Inclusion (DEI) efforts for
evaluating outcomes, identifying areas for improvement, determining future
programs, and assessing contributions toward Business Plan goals and strategies
in accordance with the organizational structure developed under this
Agreement.
c. Provide technical assistance needed to meet Administrators’ Equity-related
priority goals.
AGENDA ITEM #5. b)
PAGE 12 OF 15
d. Provide technical expertise, in support of a team approach to establish the
metrics and reporting systems required to measure the city’s collective progress
in key areas.
e. Recommend measurable outcomes for Renton Results for use and discussion
with City staff.
III. Renton Equity Commission
a. Provide training and technical assistance to members of the Renton Equity
Commission on:
i. Use of the Renton Equity Lens,
ii. Annual report to City Council, and
iii. Meetings with members of the public as required by Renton Equity
Commission requests from City staff or elected officials.
b. Provide technical expertise to Renton Equity Commission in the development of
their Mission, Vision and Bylaws within the scope of equity and inclusion.
c. Advise Renton Equity Commission of a process to self-evaluate the impact of
their recommendation on advancing equity and resolving inequities.
d. Coordinate with City staff to provide technical assistance as needed for the
analysis of city policies, programs, services, and procedures on which they are
tasked to conduct an analysis and make recommendations.
IV. Enhance and Strengthen Community Access and Partnerships to Promote Ongoing
Resident Involvement with the City
a. Provide technical expertise in support of City staff to recommend a model for
community outreach and engagement to fulfill City Council commitments in
support of racial equity, including as outlined in 2020’s Resolution 4414.
i. Advise regarding effective outreach models in other jurisdictions; and
ii. Assist in developing an outreach model for Renton.
b. Provide technical expertise to support city-wide ongoing community forums to
engage all communities, especially those that have been historically
marginalized. This is intended to strengthen two-way communications between
community-specific groups and the City, and may include facilitation of events
between City staff and residents at a variety of locations in the community.
c. Provide technical expertise to the Mayor’s Inclusion Task Force policy advisory
group to strengthen and update their purpose and structure in support of the
2022-2027 Business Plan.
d. Assist to coordinate interactions between various community-specific groups
(e.g. Renton African American Pastoral Group, Latino Community Forum, and
Vietnamese/Chinese Forum) and the City departments with which they interact
AGENDA ITEM #5. b)
PAGE 13 OF 15
as needed to address unique areas of mutual concern or interest. Such
coordination may include:
i. Scheduling or facilitation of meetings,
ii. Documentation of meetings or work plans
iii. Evaluation or work plan outcomes
e. Provide technical support to connect staff with racial equity experts, community
leaders, and those with lived experience to inform the city’s work.
f. Provide technical support in building and strengthening relationships with
community groups, business organizations, elected officials, and other key allies
to establish the city as a trusted partner in the effort to build an equitable future.
V. Renton Equity Lens and Integration of Citywide Effective, Sustainable Approaches that
Support Equitable Outcomes
a. Advise the EHHS Administrator on scheduling regular check-ins with
Administrators to support identification of priority areas, projects, and decisions
in which to use the Renton Equity Lens.
b. Provide ongoing workshops and technical assistance on using the Renton Equity
Lens for staff, boards, commissions, committees, City Council, and city
leadership.
c. Provide technical expertise to create a partnership with the Executive Services
Department to institutionalize and expand the current Renton 101 Inclusion
workshops to provide staff with tools and skills in areas such as:
i. Strategies to achieve equitable outcomes.
ii. Facilitating ongoing community forums throughout the city.
iii. Removal of implicit bias from decision-making.
iv. Enhanced use of the Renton Equity Lens.
v. Examination of strategies to eradicate disparities for residents.
vi. Engagements of those historically marginalized.
vii. Integration of anti-racism approaches into daily work.
viii. Annual training on Language Line, Interpretation and Translation.
d. Advise the Human Resources/Risk Management Department regarding inclusion
workshops provided outside that provided by the City.
e. Provide technical expertise to the Executive Services Department to provide
support as needed to the Human Resources/Risk Management Department to
support alignment of the Renton Business Plan, Performance Evaluation Plan,
Renton Results, and the daily work of city staff.
f. Provide technical expertise to the Finance Department as they develop equitable
access to city contracts and vendor opportunities to small, women-owned,
minority-owned, and disadvantaged contractors and vendors.
AGENDA ITEM #5. b)
PAGE 14 OF 15
VI. Support Partnerships Between the City of Renton and External Stakeholders that
Strengthen Understanding and Engagement in Ways that Systemically Embed
Inclusion
a. Advise and provide technical expertise to strengthen current partnerships with
external stakeholders and development of new partnership oppo rtunities that
support mutual goals of Inclusion.
b. Provide input and representation advice to the City on collaboration with
Government Alliance on Race and Equity (GARE), Governing for Racial Equity and
Inclusion (GREI), and Association of Washington Cities (AWC) Equity Roundtable
to expand tools and strategies to advance inclusion and equity in Renton
including the development of relevant metrics that mark the progress of
Inclusion both internally and to the community.
c. Provide input and representation advice to the City on involvement of the city in
GARE programs, workshops, and events.
d. Provide input and representation advice to the City on partnerships and resource
exchange with Renton Technical College, the Renton School District, Renton
Chamber, and other key stakeholders in support of equitable outcomes for
residents.
VII. Support Promotion of Understanding and Appreciation of Our Diversity Through
Celebrations, Educational Forums and Festivals
a. Provide technical expertise and advice to the EHHS Administrator, Parks &
Recreation Department, and Mayor’s Inclusion Task Force as needed to support
planning and implementation of the 2022 Renton Multicultural Festival in
partnership with the Community and Economic Development Department and
Renton businesses.
b. Provide technical expertise in support of participation in events, recognitions,
and proclamations that acknowledge the diversity Renton residents.
VIII. Other
a. Promote understanding of the Renton Business Plan as the overarching Inclusion
Road Map for the city.
b. Recommend establishing means to gather information on current programs and
activities that support the overall Inclusion goal and methods to assess and
document Inclusion progress.
c. Support building capacity within the city to enhance and susta in inclusion
outcomes.
AGENDA ITEM #5. b)
PAGE 15 OF 15
d. Recommend publishing meeting notes and support coordination of events,
meetings, etc.
e. Support documentation and publishing reports on various events and activities.
f. Support development of presentations as needed to inform Mayor,
Administrators, City Council, city staff, and community organizations on progress
on goal of Inclusion.
AGENDA ITEM #5. b)
AB - 3096
City Council Regular Meeting - 21 Mar 2022
SUBJECT/TITLE: Authorization to Hire Senior Finance Analyst position at Step D
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Finance Department
STAFF CONTACT: Kari Roller, Finance Administrator
EXT.: 6931
FISCAL IMPACT SUMMARY:
There is no budget impact. The position is budgeted at Step D starting May 1, 2022; there is only one month
difference from the Step C to Step D increase and vacancy of this position has created ample sal ary budget
savings.
SUMMARY OF ACTION:
The Finance Department requests to hire the Senior Finance Analyst position at grade m25, step D. The
recruitment for this position opened in January and yielded 16 candidates; six candidates were selected from
the pool to be interviewed. The candidate chosen for hire has six years of experience in budget analysis and
accounting; three separate Bachelor’s degrees in Public Administration, Political Science, and Criminal Justice;
and a Master’s degree in Public Administration.
The combined experience and education of this candidate lends to a higher step placement.
EXHIBITS:
A. Issue Paper
STAFF RECOMMENDATION:
Authorize staff to hire this candidate for the Senior Finance Analyst (grade m25) position at Step D, effective
April 1, 2022.
AGENDA ITEM #5. c)
FINANCE DEPARTMENT
M E M O R A N D U M
DATE:March 11, 2022
TO:Ryan McIrvin, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:Kari Roller, Finance Administrator
SUBJECT:Hire Vacant Senior Finance Analyst (grade m25) Position at
Step D
BACKGROUND
The Finance Department has had a Senior Finance Analyst position unfilled since January
2022.
ISSUE
The Finance Department requests to hire the Senior Finance Analyst position at grade
m25, step D. The recruitment for this position opened in January and yielded 16
candidates; six candidates were selected from the pool to be interviewed. The candidate
chosen for hire has six years of experience in budget analysis and accounting; three
separate Bachelor’s degrees in Public Administration, Political Science, and Criminal
Justice; and a Master’s degree in Public Administration.
The combined experience and education of this candidate lends to a higher step
placement.
The position was budgeted at Step D starting May 1, 2022. However, there is no budget
impact to hire this candidate as there is only one-month difference from the Step C to
Step D increase and this position has been vacant creating ample salary budget savings.
RECOMMENDATION
We recommend that City Council authorize staff to offer this candidate the Senior
Finance Analyst (grade m25) position at Step D, effective April 1, 2022.
AGENDA ITEM #5. c)
AB - 3097
City Council Regular Meeting - 21 Mar 2022
SUBJECT/TITLE: Park Ave N Property Acquisition
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Parks & Recreation Department - PPNR
STAFF CONTACT: Erica Schmitz, Parks Planning and Natural Resources Director
EXT.: 6614
FISCAL IMPACT SUMMARY:
The total acquisition costs, including transaction costs, are estimated to be $440,000. The funding source is
316.000000.005.94.76.61.000 LAND ACQUISITION. A requested 2022 Carryforward Budget Adjustment will
transfer funding to 316.332075.020.594.76.61.000 Park Ave North Acquisition.
SUMMARY OF ACTION:
The proposed acquisition parcel, 140 Park Ave N, is located immediately north of the existing City of Renton
Park Avenue Maintenance Shop site. The acquisition of 140 Park Ave N enhances the usability of the existing
adjacent City-owned property. An appraisal has been completed for the property, with a market value conclusion of
$425,000. A Phase 1 Environmental Site Assessment has been completed for the property identifying no Recognized
Environmental Conditions. A clear title free of any unacceptable encumbrances is required to proceed with the
acquisition.
The Purchase and Sales Agreement includes the requirement of an Option to Purchase and Right of First Refusal for the
parcel at 144 Park Ave N, which provides the City the first opportunity to purchase 144 Park N should the owner decide
to sell. $2,000 will be provided at closing for the value of this encumbrance. Council approval of a separate Purchase
and Sales agreement for 144 Park Ave N would be required to purchase that property subject to the Option to Purchase
or Right of First Refusal.
EXHIBITS:
A. Purchase and Sales Agreement
B. Option to Purchase and Right of First Refusal
C. Map of property to be acquired
STAFF RECOMMENDATION:
Approve the acquisition and authorize the Mayor and City Clerk to execute the Purchase and Sales Agreement and
Option to Purchase and Right of First Refusal. Adjust the budget as described.
AGENDA ITEM #5. d)
‐1‐
REAL ESTATE PURCHASE AND SALE AGREEMENT
This Real Estate Purchase and Sale Agreement (this "Agreement") is made and entered by
and between the City of Renton, a Washington municipal corporation (the “Purchaser" or “City”)
and Robert G. Perelli, as a separate estate (the “Seller”), with regard to the following:
R E C I T A L S:
A.Seller owns that property in Renton, King County, Washington, commonly known
as 140 Park Ave. N, Renton, WA 98057 and legally described on Exhibit A, attached hereto and
incorporated by this reference, also known as King County Parcel Number 7224000200 (the
“Property”). Seller and the Purchaser hereby authorize the insertion over their signatures of the
correct legal description of the Property if unavailable at the time of signing, or to correct the
legal description previously entered if erroneous or incomplete.
B.Seller desires to sell to the Purchaser, and the Purchaser desires to purchase from
Seller, the Property, subject to the terms and conditions set forth in this Agreement and in
conjunction with a separate but related Option to Purchase and Right of First Refusal executed
concurrently with this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
1.Purchase and Sale Terms. The Purchaser shall purchase the Property from Seller
and Seller shall sell the Property to the Purchaser on the following terms and conditions:
1.1 Purchase Price for Property. The total “Purchase Price” for the Property
shall be four hundred twenty‐five thousand dollars and no cents ($425,000)
in cash at closing.
1.2 Date of Closing. The transaction of purchase and sale as set forth in this
Agreement shall be closed on or before April 30, 2022 (“Closing Date”), subject to the
satisfaction and/or waiver of all contingencies set forth more fully below.
2.Contingencies. This Agreement and the Purchaser’s obligations under this
Agreement are conditioned upon the occurrence of each of the following to the Purchaser’s
reasonable satisfaction:
2.1. Condition of Title. The City, at the Seller's expense, has requested a
preliminary commitment for standard owner’s policy of title insurance for the Property, together
with full copies of any exceptions set forth therein (the “Preliminary Commitment”) from Old
Republic Title, 19020 33rd Avenue W., Suite 360 Lynnwood, WA 98036 (the “Title Company”).
The City shall have fourteen (14) days after mutual acceptance of this Agreement within which
to notify Seller, in writing, of the City’s disapproval of any exceptions shown on the
AGENDA ITEM #5. d)
‐2‐
Preliminary Commitment; provided, that all monetary encumbrances and liens, if any, shall
be deemed automatically disapproved and shall be paid by Seller at Closing.
If the Purchaser disapproves any of the exceptions or defects set forth in the
Preliminary Commitment, Seller shall have ten (10) days from delivery of the Purchaser’s notice
to eliminate any disapproved exceptions from the policy of title insurance to be issued in favor
of the Purchaser; provided, that, if such exceptions or defects cannot be eliminated within such
ten (10) day period, Seller may notify the Purchaser in writing of Seller’s agreement to remove
such exceptions or defects, in which case such exceptions or defects shall be removed from title
prior to Closing.
If disapproved exceptions are not eliminated within said ten (10) day period, or if
Seller fails to notify the Purchaser within ten (10) days of Seller’s willingness to remove such
exceptions prior to Closing, or if Seller notifies the Purchaser in writing that Seller will not
eliminate the same, then this Agreement shall terminate, and neither the Purchaser nor Seller
shall have any further rights, duties, or obligations hereunder, unless within five (5) days after
the earlier of (i) the expiration of said ten (10) day period, or (ii) the date that Seller notifies the
Purchaser that Seller will not eliminate the disapproved exceptions, the Purchaser waives its prior
disapproval and elects to proceed with Closing subject to the disapproved exceptions. The title
exceptions approved as provided herein are referred to as the “Permitted Exceptions.”
2.2 Environmental Study. Environmental inspection: At any time prior to ten
(10) days prior to the Closing Date, the Purchaser upon reasonable notice to Seller will have the
right to complete at its cost environmental inspections of the Property, including but not limited
to taking soil and water samples (including groundwater samples) from the Property, and to test
and analyze those samples to determine the extent of any contamination of the soils and water
(including groundwater) on or about the Property. If, up until ten (10) days prior to the Closing
Date, based on the results of those inspections and/or tests, the Purchaser determines that the
condition of the Property is unsatisfactory or if the Purchaser believes that its ownership of the
Property would expose the Purchaser to undue risks of government intervention or third‐party
liability, the Purchaser may, without liability, cancel the purchase of the Property and terminate
this Agreement.
2.3 Disclosures. Within ten (10) days of mutual acceptance of this Agreement,
Seller shall provide Purchaser the disclosures required by RCW 64.06.013. Purchaser shall have
fourteen (14) days after receipt of the disclosures to terminate this Agreement based upon
dissatisfaction with the condition of the Property as disclosed therein.
2.4 City Council Approval. This Agreement is contingent upon approval of
funding and ratification of this Agreement by the Renton City Council by no later than ten (10)
days prior to the Closing Date.
2.5 Option to Purchase and Right of First Refusal. This Agreement is
contingent upon the Seller executing an Option to Purchase and Right of First Refusal,
substantially the same or similar to the form attached hereto as Exhibit B, for the property
AGENDA ITEM #5. d)
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commonly known as 144 Park Ave. N, Renton, WA 98057 (King County Parcel Number
7224000205).
2.6 Waiver of Contingencies. If the Purchaser notifies Seller in writing that the
contingencies set forth herein have been waived, or if the contingencies otherwise are satisfied
or expire on their own terms, the Closing of this transaction shall thereafter proceed in
accordance with the terms hereof.
2.7 Failure of Contingency. The conditions contained in Subparagraphs 2.1
through 2.5 are intended solely for the benefit of the Purchaser. Except as otherwise expressly
provided herein, if any of the foregoing conditions are not satisfied, and the Purchaser does not
otherwise notify Seller in writing that the Purchaser has, in its sole discretion, elected to waive
the condition in question and proceed with the transaction, then this Agreement shall
automatically terminate and be of no further force or effect, whereupon, except as otherwise
provided in this Agreement, neither party hereto will have any further rights, duties, or
obligations under this Agreement.
3. Conveyance of Title. On the Closing Date, the title to the Property shall be
conveyed to the Purchaser by statutory warranty deed subject only to the Permitted Exceptions.
Prior to or concurrent with the delivery of the statutory warranty deed, Seller shall also deliver
or cause to be delivered to the Purchaser, for the Purchaser’s benefit at Seller’s cost, a final
standard coverage owner's policy of title insurance for the Property in the Purchaser’s name and
in the amount of the Purchase Price, containing only those Permitted Exceptions. The Purchaser
may, in its discretion, elect to obtain an extended coverage owner’s policy; provided, that the
Purchaser shall be responsible for the additional costs associated with such coverage.
4. Closing and Escrow.
4.1 Escrow Agent. The Title Company shall act as the escrow agent for this
transaction (the “Escrow Agent”). Upon the mutual acceptance of this Agreement, the Purchaser
shall deposit an executed counterpart or copy with the Escrow Agent for consummation of the
purchase and sale contemplated hereby. Seller and the Purchaser may execute additional and
supplementary escrow instructions as may be reasonable or appropriate to enable the Escrow
Agent to comply with the terms of this Agreement. In the event of a conflict between the
provisions of this Agreement and any escrow instructions, the terms of this Agreement shall
govern.
4.2 Prorations. All taxes and assessments for the Property shall be prorated
as of the Closing Date.
4.3 Fees and Closing Costs. On Closing, the Seller shall pay the premium for
the title insurance to be issued by the Title Company for the benefit of the Purchaser in the
amount of the Purchase Price. The Purchaser shall pay the excess premium attributable to any
extended coverage or endorsements requested by the Purchaser and the recording fees for the
statutory warranty deed. On Closing, the Seller shall pay the required Excise Tax. The Seller and
AGENDA ITEM #5. d)
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Purchaser shall each pay one‐half of the escrow fee charged by the Escrow Agent. Unless
otherwise agreed, Seller shall pay any other fees and costs, including but not limited to any
applicable broker fees and recording costs.
4.4 Closing Obligations of the Purchaser. On or before Closing the Purchaser
shall deliver to the Escrow Agent the following, fully executed (if applicable):
4.4.1 The Purchase Price, in cash.
4.4.2 Payment for the Option to Purchase and Right of First Refusal.
4.4.3 A Closing Statement in form and content reasonably satisfactory to
the parties.
4.4.4 Any other documents necessary to effect the transaction
contemplated in this Agreement.
4.5 Closing Obligations of Seller. On or before Closing, Seller shall deliver to
the Escrow Agent the following duly executed and acknowledged documents (where
appropriate):
4.5.1 A statutory warranty deed sufficient to convey fee simple title to
the Property, subject only to the Permitted Exceptions.
4.5.2 A Closing Statement in form and content reasonably satisfactory to
the parties.
4.5.3 A FIRPTA certification.
4.5.4 A Real Estate Excise Tax Affidavit executed by Seller in form
required by law.
4.5.5 An executed Option to Purchase and Right of First Refusal for the
property commonly known as 144 Park Ave N Renton 98057 (Parcel ID 7224000205) in a form
approved by the Purchaser.
4.5.6 A release of the Property from any restriction on its use except for
Permitted Exceptions.
4.5.7 Any other documents necessary to effect the transaction
contemplated in this Agreement.
4.6 Possession. The Purchaser shall be entitled to possession upon Closing.
"Closing" means the date on which all documents are recorded and the sale proceeds are
available for unconditional disbursal to Seller.
AGENDA ITEM #5. d)
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5. Default. In the event that Seller breaches this Agreement, the Purchaser shall, in
its sole discretion, (i) have the right to pursue specific performance of this Agreement or (ii)
terminate this Agreement; in either case, such remedy shall be the Purchaser’s sole and exclusive
remedy for Seller’s breach hereof.
6. Seller's Representations and Warranties. The representations, warranties, and
covenants of Seller contained in this Agreement are true and correct as of the date Seller signed
this Agreement and as of the Closing Date and will survive the closing of the transaction
contemplated by this Agreement. Seller represents and warrants to the Purchaser as follows:
6.1 Ownership; Non‐Foreign Status. Seller owns the Property and has the right
to sell the Property and is not a foreign person as defined by the Foreign Investment in Real
Property Tax Act, IRS Section 1445(b)(2), as amended.
6.2 Property Information. To the best of Seller’s knowledge, the information
regarding the Property as provided by Seller is complete, accurate, true and correct and does not
fail to state any fact without which such information would be misleading.
6.3 Hazardous Materials.
6.3.1 Definitions:
6.3.1.1 Definition of “Environmental Laws”: The term
“Environmental Laws” means any and all state, federal and local statutes, regulations, and
ordinances relating to the protection of human health and the environment.
6.3.1.2 Definition of “Hazardous Material”: The term “Hazardous
Material” means any hazardous or toxic substance, material or waste, including, but not limited
to, those substances, materials and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. § 172.101), as it exists or may be amended;
in the United States Environmental Protection Agency Table 302.4 – List of Hazardous Substances
and Reportable Quantities (40 C.F.R. § 302.4), as it exists or may be amended; in the State of
Washington Model Toxics Control Act (RCW 70A.305), as it exists or may be amended; as defined
in the Hazardous Substance Tax – Model Toxics Control Act (RCW 82.21.020(1)), as it exists or
may be amended; and any other substances, materials, and wastes as become regulated or
subject to cleanup authority under any Environmental Laws.
6.3.2 Compliance with Environmental Laws: Seller represents and
warrants that:
6.3.2.1 Seller has no knowledge of the release or presence of any
Hazardous Material on, in, from, or onto the Property;
6.3.2.2 Seller has not generated, manufactured, refined,
transported, stored, handled, disposed of, or released any Hazardous Material on the Property,
nor has Seller permitted the foregoing;
AGENDA ITEM #5. d)
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6.3.2.3 To Seller’s knowledge, Seller has obtained all approvals
and caused all notifications to be made as required by Environmental Laws;
6.3.2.4 To Seller’s knowledge, Seller has not received any notice
of any violation of any Environmental Laws;
6.3.2.5 To Seller’s knowledge, no action has been commenced
or threatened regarding Seller’s compliance with any Environmental Laws;
6.3.2.6 To Seller’s knowledge, no tanks used for the storage of
any Hazardous Material above or below ground are present on or about the Property; and
6.3.2.7 To Seller’s knowledge, no action has been commenced
or threatened regarding the presence of any Hazardous Material on or about the Property.
6.3.3 No waiver of liability: Seller has not released or waived and will not
release or waive the liability of any previous owner, lessee, or operator of the Property or any
party who may be potentially responsible for the presence or removal of Hazardous Material on
or about the Property. Seller has made no promises of indemnification regarding Hazardous
Material to any party.
6.3.4 Indemnification: Seller agrees to defend (with counsel approved
by the Purchaser) , fully indemnify, and hold entirely free and harmless the Purchaser from and
against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including,
without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert
fees) that are imposed on, paid by, or asserted against the Purchaser or its successors or assigns,
by reason or on account of, or in connection with, or arising out of (a) the presence or suspected
presence of Hazardous Material in the soil, groundwater, or soil vapor on or about the Property,
or (b) the migration of any Hazardous Material from or onto the Property, or (c) the violation of
any Environmental Law, and, with respect to (a), (b), and (c), that existed as of or prior to the
Closing Date and only if it did so in violation of Seller’s representations. This indemnification of
the Purchaser by Seller includes, without limitation, costs incurred in connection with any of the
following:
6.3.4.1 Any investigative or remedial action involving the
presence of Hazardous Material on or about the Property or releases of Hazardous Material from
the Property;
6.3.4.2 Any allegations made by any governmental authority or
any private citizen or entity or group of citizens or entities as to the violation of any
Environmental Laws involving the Property or the operations conducted thereon; and/or
6.3.4.3 Any injury or harm of any type to any person or entity or
damage to any property arising out of, in connection with, or in any way relating to (i) the
generation, manufacture, refinement, transportation, treatment, storage, recycling, disposal, or
AGENDA ITEM #5. d)
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release, or other handling of Hazardous Material on or about the Property or pursuant to the
operations conducted thereon, and/or (ii) the violation of any Environmental Laws, and/or (iii)
the contamination of the Property.
6.4 Notices of Violation. To Seller’s knowledge, the Property is not in violation
of any applicable covenant, condition, or restriction, or any applicable statute, ordinance,
regulation, order, permit, rule or law, including without limitation, any building, zoning, or
environmental restriction or requirement concerning filing, use, construction, maintenance,
repair, replacement, operation, or occupancy, and Seller has not received from any governmental
agency any notice of the existence of any such violations.
6.5 Pending Actions. To Seller’s knowledge, there is no action or proceeding
pending or threatened against Seller or the Property, including but not limited to condemnation
proceedings, which challenges or impairs Seller’s ability to execute or perform its obligations
under this Agreement.
6.6 Survival of Warranties. All of Seller’s representations and warranties
provided in this Agreement shall survive Closing.
7. Condition of Property. Seller represents and warrants to the Purchaser as follows:
7.1 To Seller’s knowledge, the Property is now, or will be as of the Closing Date,
in compliance in all material respects with all applicable zoning, land‐use, building, construction,
subdivision, and other local, state, and federal laws, ordinances, and regulations and with all
existing covenants, conditions, restrictions, and easements.
7.2 Seller has not received notice of any special assessment or notice of any
condemnation proceedings affecting the Property.
7.3 To Seller’s knowledge, there is no litigation pending or threatened against
Seller (or any basis for any claim) that arises out of the ownership of the Property.
7.4 Seller has received no notice of any failure of Seller to comply with any
applicable governmental requirements in respect of the use, occupation, and construction of the
Property, including, but not limited to, environmental, fire, health, safety, zoning, subdivision,
and other land use requirements that have not been corrected to the satisfaction of the
appropriate governmental authority, and Seller has received no notice of, and has no knowledge
of, any violations or investigation relating to any such governmental requirement.
7.5 Seller has received no notice of any default or breach by Seller under any
covenants, conditions, restrictions, rights of way, or easements that may affect Seller in respect
to the Property or may affect the Property or any portion thereof and no such default or breach
now exists.
7.6 To Seller’s knowledge, no building or other improvement encroaches on
the Property.
AGENDA ITEM #5. d)
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7.7 There are no leases affecting any part of the Property and there are no
written or oral promises, understandings or agreements between Seller and any tenant.
7.8 To Seller’s knowledge there are no permits, licenses, or consents required
by any governmental authority in connection with the use and occupancy of the Property except
those previously obtained by Seller and delivered to the Purchaser, and Seller knows of no local
improvement districts proposed which will affect the Property.
7.9 All public utilities required for the operation of the Property either enter
the Property through adjoining public streets or, if they pass through adjoining private lands, do
so in accordance with valid public easements or private easements that will inure to the benefit
of the Purchaser on the Closing Date.
7.10 Water and sanitary and storm sewage facilities currently service the
Property and are on or immediately abutting the Property.
7.11 Seller warrants that all tenants have vacated the Property and that it is and
will be unoccupied and unencumbered by any lawful tenants on the Closing Date.
8. Miscellaneous.
8.1 Attorneys’ Fees. In the event of any dispute, including arbitration or
litigation concerning this Agreement or if this Agreement is otherwise placed with an attorney
for action, then the prevailing party shall be awarded all costs and expenses, and reasonable
attorney fees. In the event of trial, the amount of the attorney fees shall be fixed by the court.
The venue of any such suit shall be at the Maleng Reginal Justice Center, King County,
Washington.
8.2 Entire Agreement. This Agreement constitutes the full and entire
understanding between Seller and the Purchaser. There are no verbal agreements that modify
or affect this Agreement.
8.3 Binding Effect. This Agreement applies to, inures to the benefit of, and is
binding on not only the parties hereto, but on their heirs, devisees, legatees, administrators,
executors, and assigns.
8.4 Computation of Time. Any time limit in or applicable to a notice shall
commence on the day following receipt of the notice and shall expire at midnight of the last
calendar day of the specified period of time, unless the last day is Saturday, Sunday, or legal
holiday as defined in RCW 1.16.050, in which event the time limit shall expire at midnight of the
next business day. Any specified period of five (5) days or less shall include business days only.
Time is of the essence on this Agreement.
8.5 Notices. All notices, demands, consents, approvals, and other
communications which are required or desired to be given by either party to the other hereunder
shall be in writing and shall be hand delivered or sent by United States regular mail, postage
AGENDA ITEM #5. d)
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prepaid, or electronic mail, addressed to the appropriate party at its address set forth below, or
at such other address as such party shall have last designated by notice to the other. Notices,
demands, consents, approvals, and other communications shall be deemed given when delivered
or three (3) days after delivery or sending to the following addresses:
To Purchaser: Erica Schmitz, Parks Planning and Natural
Resources Director
City of Renton
1055 S Grady Way
Renton, WA 98057
Email: eschmitz@rentonwa.gov
With a copy to: Shane Moloney, City Attorney
City of Renton
1055 S Grady Way
Renton, WA 98057
Email: smoloney@rentonwa.gov
And with a copy to: City Clerk
1055 S Grady Way
Renton, WA 98057
Email: cityclerk@rentonwa.gov
To Seller: Name: ___________________________________
Address: __________________________________
City, State, Zip: _____________________________
Email: ____________________________________
8.6 Assignment. Except as specifically permitted herein, this Agreement shall
not be assigned without the express written consent of the other party, which consent shall not
be unreasonably withheld. Such assignment shall be contingent upon the assignee assuming all
responsibilities, obligations, and liabilities hereunder. Said assignment shall not relieve the
assignor from liability hereunder and assignor shall remain jointly and severally liable with
assignee in the event of any breach of this Agreement by assignee or assignor.
8.7 Purchaser has not consulted with, nor discovered the Property through
the use of a broker, realtor, or other agent and there are no finder’s fees or commissions due
from Purchaser upon this transaction. Any brokerage commissions shall be paid by Seller.
8.8 Each party has had opportunity to consult with legal counsel in connection
with the negotiation, execution, and delivery of this Agreement. Each of the provisions of this
Agreement has been reviewed and negotiated and represents the combined work product of all
parties hereto.
AGENDA ITEM #5. d)
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This Agreement is accepted without further change or counteroffer this _____ day of
____________, 20_____, which shall be deemed the date of mutual acceptance of this
Agreement.
The remainder of this page is left blank; signatures to follow.
AGENDA ITEM #5. d)
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PURCHASER:
City of Renton:
By:
Armondo Pavone, Mayor
ATTEST:
____________________________________
Jason A. Seth, City Clerk
SELLER:
Robert G. Perelli:
AGENDA ITEM #5. d)
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EXHIBIT A
LEGAL DESCRIPTION
Lot 10, Block 3, RENTON FARM PLAT, according to the plat thereof recorded in
Volume 10 of Plats, page 97, records of King County, Washington;
EXCEPT the East 5 feet thereof for alley.
SITUATE in the County of King, State of Washington.
AGENDA ITEM #5. d)
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EXHIBIT B
FORM OF OPTION TO PURCHASE AND RIGHT OF FIRST REFUSAL
AGENDA ITEM #5. d)
1
After recording return document to:
City Clerk
City of Renton
1055 S. Grady Way
Renton, WA 98057
DOCUMENT TITLE:
OPTION TO PURCHASE AND RIGHT OF FIRST REFUSAL
RECORDING NUMBER OF DOCUMENT(S) ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
ROBERT G. PERELLI, as a separate estate
GRANTEE(S):
CITY OF RENTON, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
LOT 11, BLOCK 3, RENTON FARM PLAT
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S):
2
ASSESSOR’S TAX PARCEL NO(S):
7224000205
OPTION TO PURCHASE AND RIGHT OF FIRST REFUSAL
This Option to Purchase and Right of First Refusal (“Agreement”) is entered into this
_______ day of ______________________, 2022, by and between the City of Renton, a
Washington municipal corporation (“City”), and Robert G. Perelli, as a separate estate (“Owner”).
WHEREAS, Robert G. Perelli is the owner of that certain real property located at 144
Park Avenue North, Renton, Washington 98057, legally described as follows (hereinafter
referred to as the “Property”):
AGENDA ITEM #5. d)
2
Lot 11, Block 3, Renton Farm Plat, according to the plat thereof recorded in
Volume 10 of Plats, page 97, records of King County, Washington;
EXCEPT the East 5 feet thereof for alley.
SITUATE in the County of King, State of Washington.
The City and Owner hereby authorize the insertion over their signatures of the correct
legal description of the Property if unavailable at the time of signing, or to correct the legal
description previously entered if erroneous or incomplete.
WHEREAS, the City and the Owner have entered into a purchase and sale agreement
for the property located at 140 Park Avenue North, Renton, Washington 98057 (“Adjacent
Property”) and City also desires to purchase the Property in order to potentially combine uses
of the Property and Adjacent Property; and
WHEREAS, the Owner is not ready to sell the Property at the current time but is willing
to give the City an Option to Purchase and Right of First Refusal in exchange for consideration
provided for in the concurrently executed purchase and sale agreement for the Adjacent
Property and such further consideration as provided herein;
NOW, THEREFORE, the parties agree as follows:
A. AGREEMENT TERM: This Agreement shall remain effective and binding upon the
Parties and any successor in interest until eighteen (18) months after the expiration of the
Option Period, as defined below.
B. OPTION TO PURCHASE:
1. Option Period. Owner grants the City an exclusive option to purchase the
Property for its fair market value (“Option”). The term of the City’s exclusive Option shall
AGENDA ITEM #5. d)
3
commence upon this Agreement being signed by both Parties expire upon the earlier of thirty
(30) years from the date this Agreement is signed by both Parties or upon the City declining
its Option pursuant to the terms provided herein (“Option Period”).
2. Delivery of Offer to Exercise Option. When Owner desires to sell, rent, lease, or
otherwise transfer possession or rights to occupy the Property, or upon his death, he, his
agent, or an authorized representative of his estate shall deliver, in writing, an offer for the
City to exercise its Option for a purchase price equal to the Property’s then current fair market
value. Unless separate means of delivery is agreed to and accepted in writing by the City,
delivery of the Owner’s offer shall be made by the then legal means for serving legal process
on the City and the City’s Acceptance Period as provided herein shall not begin to run until
such delivery has occurred.
3. Acceptance Period and Terms of Sale. The Owner’s offer for the City to exercise
excise its Option shall remain open and the City’s option and right to purchase shall be
exclusive to the City for no less than thirty (30) days after such offer is made (“Acceptance
Period”). The City will respond within the Acceptance Period in writing to either accept or
decline its Option. If the City exercises its Option within the Acceptance Period, the City will
promptly prepare and the Parties will sign a purchase and sale agreement with terms and
contingencies substantially the same or similar to the Parties’ agreement for the Owner’s sale
to the City of the Adjacent Property, subject to any changes necessitated by then applicable
legal or regulatory requirements. The purchase and sale agreement will include a closing date
AGENDA ITEM #5. d)
4
of no later than ninety (90) days after the date the City accepted the offer to exercise its
Option.
4. Appraisal. If the City exercises its Option but the Parties cannot agree to a fair
market value within the Acceptance Period, the purchase and sale agreement shall
contemplate that the fair market value purchase price shall be determined by an appraisal.
The appraisal shall be performed independent of influence from the Parties by a Washington
state certified residential appraiser and be based upon the Property’s interior and exterior
condition at the time of sale. At Owner’s option, Owner may either obtain and pay for such
appraisal or request the City to obtain and pay for the appraisal. If Owner disputes the
accuracy of a City obtained appraisal, he may pay to obtain before the closing date a second
independent appraisal from a certified appraiser that is free of influence from the Parties. The
higher of the two appraisals will be the agreed fair market value purchase price of the
Property.
5. During the Option Period, the Owner will not sell, rent, lease, or otherwise
transfer the right to possess or reside in the Property to any person or entity unless agreed to
in writing by the City.
B. RIGHT OF FIRST REFUSAL:
1. For eighteen (18) months after the expiration of the Option Period (“Right of
First Refusal Period”), Owner may market for sale, rent, or lease the Property, but may not
accept any offer or enter into any agreement that transfers ownership or encumbers the
Owner’s ability to sell the Property without first providing the City the right to match the terms
AGENDA ITEM #5. d)
5
of any offer received by Owner. If the Owner receives an offer from a third party during the
Right of First Refusal Period to purchase or encumber the Property, the Owner, prior to
accepting such offer, shall offer to allow the City to purchase the same interests in the
Property. The Owner’s offer to the City shall include a full and complete copy of the third
party’s binding offer, including the name of the proposed purchaser. The City shall have the
right of first refusal for a period of thirty (30) days after receipt of such notice to elect to
purchase the Property on the same or better terms than the third‐party offer (“Offer Match
Period”).
2. The City shall notify Owner, in writing, within the Offer Match Period of its
intent to exercise or not exercise its right of first refusal and match the terms of the offer
received by the Owner. If the City chooses not to exercise its rights and the Owner accepts
the third party’s offer that the City chose not to match, this Agreement shall terminate. If the
City chooses not to exercise its right to match the offer and the Owner does not transfer the
Property pursuant to those same terms offered, this Agreement shall continue to be in effect
through the remaining portion of the Right of First Refusal Period.
C. GENERAL TERMS AND CONDITIONS:
The following terms and conditions apply to this Agreement.
1. The Parties agree that the City may enforce this Agreement judicially through
a remedy of specific enforcement and that any transfer of ownership or right to possession of
the Property that conflicts with the City’s rights herein shall be void to the extent of such
conflict.
AGENDA ITEM #5. d)
6
2. This Agreement shall be recorded in the King County Recorder’s Office to place
potential purchasers or tenants on notice of the City’s Option to Purchase. If the City rejects
its Option to Purchase or fails to respond within the Acceptance Period, Owner may prepare
for the City’s signature a document for recording that confirms the City’s agreement that the
term of the City’s Option to Purchase expired and the date of such expiration. The City will
not unreasonably refuse or fail to sign such document. If it does refuse to sign the Owner
provided document, the City will provide a detailed written explanation of why the City
believes its Option to Purchase has not expired or provide specific objections as to the
language proposed to be used by Owner.
3. Owner shall not sell, rent, lease, or otherwise encumber the Property during
the Agreement Term without written permission of the City, except he may borrow against
his equity in the Property without first obtaining City permission so long as he remains the
primary resident of the Property and the holders of the secured interest are bound by the
terms of this Agreement, including the City’s Option to Purchase in the event the holders of
the security interest foreclose their interest or otherwise force the sale of the Property.
4. This Agreement shall run with the land and be binding on any and all successors
in interests to the property.
D. CONSIDERATION FOR THIS AGREEMENT:
In addition to the consideration provided by the City for the sale of the Adjacent Property,
the City will pay Owner through the closing process for the Adjacent Property the sum of
$2,000.00, which amount shall not be deducted from any future purchase price of the
AGENDA ITEM #5. d)
7
Property and is paid to Owner as consideration for this Agreement. The City’s obligation to
pay this sum and the effectiveness of this Agreement shall be contingent upon the sale of the
Adjacent Property to the City.
OWNER:
_____________________________________
Robert G. Perelli
CITY OF RENTON:
By:__________________________________
Armondo Pavone, Mayor
ATTEST:
By: _________________________________
Jason Seth, City Clerk
AGENDA ITEM #5. d)
8
STATE OF _______________ ) SS
COUNTY OF _____________ )
On this _______ day of _____________________, 20____, before me personally appeared
Robert G. Perelli, and to me known to be (or upon satisfactory evidence) to be the person(s)
who executed the within instrument, and acknowledged the execution of said instrument to
be his/her/their free and voluntary act and deed for the uses and purposes therein mentioned,
and on oath stated that he/she/they were authorized to execute said instrument.
_______________________________________
Notary (Print) ____________________________
Notary Public in and for the State of __________
My appointment expires: ______________
STATE OF _______________ ) SS
COUNTY OF _____________ )
On this _______ day of _____________________, 20____, before me personally appeared
Armondo Pavone, and to me known to be (or upon satisfactory evidence) to be the person(s)
who executed the within instrument, and on oath stated that he/she/they was/were
authorized to execute the instrument and acknowledge it as the Mayor of the City of Renton
to be free and voluntary act of such party/parties for the uses and purposes mentioned in the
instrument.
_______________________________________
Notary (Print) ____________________________
Notary Public in and for the State of __________
My appointment expires: ______________
AGENDA ITEM #5. d)
1
After recording return document to:
City Clerk
City of Renton
1055 S. Grady Way
Renton, WA 98057
DOCUMENT TITLE:
OPTION TO PURCHASE AND RIGHT OF FIRST REFUSAL
RECORDING NUMBER OF DOCUMENT(S) ASSIGNED OR RELEASED:
N/A
GRANTOR(S):
ROBERT G. PERELLI, as a separate estate
GRANTEE(S):
CITY OF RENTON, a Washington municipal corporation
ABBREVIATED LEGAL DESCRIPTION:
LOT 11, BLOCK 3, RENTON FARM PLAT
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S):
2
ASSESSOR’S TAX PARCEL NO(S):
7224000205
OPTION TO PURCHASE AND RIGHT OF FIRST REFUSAL
This Option to Purchase and Right of First Refusal (“Agreement”) is entered into this
_______ day of ______________________, 2022, by and between the City of Renton, a
Washington municipal corporation (“City”), and Robert G. Perelli, as a separate estate
(“Owner”).
WHEREAS, Robert G. Perelli is the owner of that certain real property located at 144
Park Avenue North, Renton, Washington 98057 , legally described as follows (hereinafter
referred to as the “Property”):
AGENDA ITEM #5. d)
2
Lot 11, Block 3, Renton Farm Plat, according to the plat thereof recorded in
Volume 10 of Plats, page 97, records of King County, Washington;
EXCEPT the East 5 feet thereof for alley.
SITUATE in the County of King, State of Washington.
The City and Owner hereby authorize the insertion over their signatures of the correct
legal description of the Property if unavailable at the time of signing, or to correct the legal
description previously entered if erroneous o r incomplete.
WHEREAS, the City and the Owner have entered into a purchase and sale agreement
for the property located at 140 Park Avenue North, Renton, Washington 98057 (“Adjacent
Property”) and City also desires to purchase the Property in order to potentially combine uses
of the Property and Adjacent Property; and
WHEREAS, the Owner is not ready to sell the Property at the current time but is willing
to give the City an Option to Purchase and Right of First Refusal in exchange for consideration
provided for in the concurrently executed purchase and sale agreement for the Adjacent
Property and such further consideration as provided herein;
NOW, THEREFORE, the parties agree as follows:
A. AGREEMENT TERM: This Agreement shall remain effective and binding upon the
Parties and any successor in interest until six (6) months after the expiration of the Option
Period, as defined below.
B. OPTION TO PURCHASE:
1. Option Period. Owner grants the City an exclusive option to purchase the
Property for its fair market value (“Option”). The term of the City’s exclusive Option shall
AGENDA ITEM #5. d)
3
commence upon this Agreement being signed by both Parties and expire upon the earlier of
thirty (30) years from the date this Agreement is signed by both Parties or upon the City
declining or failing to timely exercise its Option pursuant to the terms of paragraphs 2 – 5
below (“Option Period”).
2. Delivery of Offer to Exercise Option. When Owner desires to sell, rent, lease, or
otherwise transfer possession or rights to occupy the Property, or upon his death, he, his
agent, or an authorized representative of his estate shall deliver, in writing, an offer for the
City to exercise its Option for a purchase price equal to the Property’s then current fair market
value. Unless separate means of delivery is agreed to and accepted in writing by the City,
delivery of the Owner’s offer shall be made by the then legal means for serving legal process
on the City and the City’s Acceptance Period as provided herein shall not begin to run until
such delivery has occurred.
3. Acceptance Period and Terms of Sale. The Owner’s offer for the City to exercise
excise its Option shall remain open and the City’s option and right to purchase shall be
exclusive to the City for thirty (30) days after such offer is made (“Acceptance Period”). The
City will respond within the Acceptance Period in writing to either accept or decline its Option.
If the City exercises its Option within the Acceptance Period, the City will promptly prepare
and the Parties will sign a purchase and sale agreement with terms and contingencies
substantially the same or similar to the Parties’ agreement for the Owner’s sale to the City of
the Adjacent Property, subject to any changes necessitated by then applicable legal or
regulatory requirements. The purchase and sale agreement will include a closing date of no
AGENDA ITEM #5. d)
4
later than ninety (90) days after the date the City accepted the offer to exercise its Opt ion.
Unless mutually agreed otherwise, the City’s Option and the purchase and sale agreement
shall expire if the City causes the sale to fail to close within ninety (90) days after the date the
City accepted the offer to exercise its Option.
4. Appraisal. If the City exercises its Option but the Parties cannot agree to a fair
market value within the Acceptance Period, the purchase and sale agreement shall
contemplate that the fair market value purchase price shall be determined by an appraisal.
The appraisal shall be performed independent of influence from the Parties by a Washington
state certified residential appraiser and be based upon the Property’s interior and exterior
condition at the time of sale. At Owner’s option, Owner may either obtain and pay for such
appraisal or request the City to obtain and pay for the appraisal. If Owner disputes the
accuracy of a City obtained appraisal, he may pay to obtain before the closing date a second
independent appraisal from a certified appraiser that is free of influence from the Parties. The
higher of the two appraisals will be the agreed fair market value purchase price of the
Property.
5. During the Option Period, the Owner will not sell, rent, lease, or otherwise
transfer the right to possess or reside in the Property to any person or entity unless agreed to
in writing by the City.
B. RIGHT OF FIRST REFUSAL:
1. For six (6) months after the expiration of the Option Period (“Right of First
Refusal Period”), Owner may market for sale, rent, or lease the Property, but may not accept
AGENDA ITEM #5. d)
5
any offer or enter into any agreement that transfers ownership or encumbers the Owner’s
ability to sell the Property without first providing the City the right to match the terms of any
offer received by Owner. If the Owner receives an offer from a third party during the Right
of First Refusal Period to purchase or encumber the Property, the Owner, prior to accepting
such offer, shall offer to allow the City to purchase the same interest s in the Property. The
Owner’s offer to the City shall include a full and complete copy of the third party’s binding
offer, including the name of the proposed purchaser. The City shall have the right of first
refusal for a period of thirty (30) days aft er receipt of such notice to elect to purchase the
Property on the same or better terms than the third-party offer (“Offer Match Period”).
2. The City shall notify Owner, in writing, within the Offer Match Period of its
intent to exercise or not exercise its right of first refusal and match the terms of the offer
received by the Owner. If the City chooses not to exercise its rights and the Owner accepts
the third party’s offer that the City chose not to match, this Agreement shall terminate. If the
City chooses not to exercise its right to match the offer, or does not respond within the Offer
Match Period, and the Owner does not transfer the Property pursuant to those same terms
offered, this Agreement shall continue to be in effect through the remaining portion o f the
Right of First Refusal Period.
C. GENERAL TERMS AND CONDITIONS:
The following terms and conditions apply to this Agreement.
1. The Parties agree that the City may enforce this Agreement judicially through
a remedy of specific enforcement and that any transfer of ownership or right to possession of
AGENDA ITEM #5. d)
6
the Property that conflicts with the City’s rights herein shall be void to the extent of such
conflict.
2. This Agreement shall be recorded in the King County Recorder’s Office to place
potential purchasers or tenants on notice of the City’s Option to Purchase. If the City rejects
its Option to Purchase or fails to respond within the Acceptance Period, Owner may prepare
for the City’s signature a document for recording that confirms the City’s agreement that the
term of the City’s Option to Purchase expired and the date of such expiration. The City will
not unreasonably refuse or fail to sign such document. If it does refuse to sign the Owner
provided document, the City will provide a detailed written explanation of why the City
believes its Option to Purchase has not expired or provide specific objections as to the
language proposed to be used by Owner.
3. Owner shall not sell, rent, lease, or otherwise encumber the Property during
the Agreement Term without written permission of the City, except he may borrow against
his equity in the Property without first obtaining City permission so long as he remains the
primary resident of the Property and the holders of the secured interest are bound by the
terms of this Agreement, including the City’s Option to Purchase in the event the holders of
the security interest foreclose their interest or otherwise force the sale of the Property.
4. This Agreement shall run with the land and be binding on any and all successors
in interests to the property.
AGENDA ITEM #5. d)
7
D. CONSIDERATION FOR THIS AGREEMENT:
In addition to the consideration provided by the City for the sale of the Adjacent Property,
the City will pay Owner through the closing process for the Adjacent Property the sum of
$2,000.00, which amount shall not be deducted from any future purchase price of the
Property and is paid to Owner as consideration for this Agreement. The City’s obligation to
pay this sum and the effectiveness of this Agreement shall be contingent upon the sale of the
Adjacent Property to the City.
OWNER:
_____________________________________
Robert G. Perelli
CITY OF RENTON:
By:__________________________________
Armondo Pavone, Mayor
ATTEST:
By: _________________________________
Jason Seth, City Clerk
AGENDA ITEM #5. d)
8
STATE OF _______________ ) SS
COUNTY OF _____________ )
On this _______ day of _____________________, 20____, before me personally appeared
Robert G. Perelli, and to me known to be (or upon satisfactory evidence) to be the person(s)
who executed the within instrument, and acknowledged the execution of said instrument to
be his/her/their free and voluntary act and deed for the uses and purposes therein mentioned,
and on oath stated that he/she/they were authorized to execute said instrument.
_______________________________________
Notary (Print) ____________________________
Notary Public in and for the State of __________
My appointment expires: ______________
STATE OF _______________ ) SS
COUNTY OF _____________ )
On this _______ day of _____________________, 20____, before me personally appeared
Armondo Pavone, and to me known to be (or upon satisfactory evidence) to be the person(s)
who executed the within instrument, and on oath stated that he/she/they was/were
authorized to execute the instrument and acknowledge it as the Mayor of the City of Renton
to be free and voluntary act of such party/parties for the uses and purposes mentioned in the
instrument.
_______________________________________
Notary (Print) ____________________________
Notary Public in and for the State of __________
My appointment expires: ______________
AGENDA ITEM #5. d)
2,257
188
140 Park Ave N Acquisition
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
None
3/11/2022
Legend
128064
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Feet
Notes
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WGS_1984_Web_Mercator_Auxiliary_Sphere
City and County Labels
Addresses
Parcels
City and County Boundary
<all other values>
Renton
Streets
Points of Interest
Parks
Waterbodies
2019.sid
Red: Band_1
Green: Band_2
Blue: Band_3
AGENDA ITEM #5. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
2‐4‐4 OF THE RENTON MUNICIPAL CODE, UPDATING CIVIL SERVICE MEMBER
APPOINTMENT REQUIREMENTS, PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 41.12.010 authorizes cities to develop their own civil service regulations
so long as such regulations substantially achieve the purpose of Chapter 41.12 RCW; and
WHEREAS, RCW 41.12.070 authorizes non‐citizen permanent United States residents to
serve as law enforcement officers; and
WHEREAS, the City’s minimum qualifications for City residents to serve on the Civil
Service Commission should not be more restrictive with regard to citizenship than the minimum
qualifications for police officers;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 2‐4‐4 of the Renton Municipal Code is amended as follows:
2‐4‐4 APPOINTMENT AND MEMBERS:
The Civil Service Commission shall consist of five (5) members, who shall be
appointed by the Mayor. No person shall be appointed a member of such
Commission unless that person is a lawful permanent resident or citizen of the
United States, and a resident of the City for at least three one (31) years
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
2
immediately preceding such appointment, and is an elector of the county wherein
he or she resides.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
adoption. No later than five (5) days prior to such effective date, a summary of this ordinance
consisting of its title shall be published in the City’s official newspaper.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2022.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD‐HR:2189:3/1/22
AGENDA ITEM # 7. a)