HomeMy WebLinkAboutCouncil 10/05/2009ti
AGENDA
RENTON CITY COUNCIL
REGULAR MEETING
October 5, 2009
Monday, 7 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION: National Domestic Violence Awareness Month - October 2009
4. SPECIAL PRESENTATONS:
a. Renton River Days Wrap -Up
b. Public Works Department Employee Recognition
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is
allowed five minutes. The comment period will be limited to one-half hour. The second audience
comment period later on in the agenda is unlimited in duration.) When you are recognized by the
Presiding Officer, please walk to the podium and state your name and city of residence for the.
record, SPELLING YOUR LAST NAME.
NOTICE to all participants: pursuant to state law, RCW 42.17.130, campaigning for any ballot
measure or candidate from the lectern during any portion of the council meeting, and particularly,
during the audience comment portion of the meeting, is PROHIBITED.
7. CONSENTAGENDA
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 9/28/2009. Council concur.
b. Mayor Law appoints Tom Lambro to the Airport Advisory Committee, The Boeing Company
position, for an unexpired term expiring on 5/7/2011 (position previously held by Jan Fedor).
Refer to Community Services Committee.
c. Community and Economic Development Department recommends approval of a contract in the
amount of $25,000 with Lund Consulting, Inc. for development of the Arts and Culture Master
Plan. Refer to Community Services Committee.
d. Development Services Division recommends approval, with conditions, of the Talbot Ridge
Estates Final Plat, 22 single-family lots on 4.3 acres located in the vicinity of SE 192nd St. and
102nd Ave. SE. Council concur. (See 9. for resolution.)
e. Finance and Information Services Department recommends approval of Addendum #51 to CAG-
06-097, Eastside Fiber Consortium agreement, to add the City of Puyallup as a consortium
partner. Council concur.
f. Finance and Information Services Department recommends approval of a five-year lease
agreement in the amount of $109,613 per year, with IKON Office Solutions, Inc., for copier
machine rental and maintenance services. Council concur.
g. Finance and Information Services Department recommends a public hearing be set on
10/26/2009 to consider the 2009 Revenue Sources and Preliminary Budget, and a public hearing
be set on 11/16/2009 to consider the 2010 Budget. Refer to Committee of the Whole; set
public hearings on 10/26/2009 and 11/16/2009.
CONTINUED ON REVERSE SIDE)
3
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board,
Staff Contact......
Subject:
Executive Department/
Mayor's Office
Denis Law, Mayor
Airport Advisory Committee Appointment:
Mr. Tom Lambro
Exhibits:
Community Service Application
Al #:
For Agenda of: October 5, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Recommended Action: Approvals:
Legal Dept.........
Refer to Community Services Committee Finance Dept.....
Other ...............
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
Mayor Law appoints the following to the Airport Advisory Committee:
X
Mr. Tom Lambro, 13917 East Lake Kathleen Drive SE, Renton, WA 98059 (The Boeing Company
position), for an unexpired term expiring on May 7, 2011 (position previously held by Jan Fedor).
STAFF RECOMMENDATION:
Confirm Mayor Law's appointment of Mr. Lambro to the Airport Advisory Committee.
CITY OF RENTON
APPLICATIONFOR COMMUNITYSER VICE MAYjt s8 cl7 RC,a
If you are interested in participating in local government by membership on any of the following City bo rds,
commissions, or committees, please complete this application and return it to:
Office of the Mayor
E ►�' tj-. City of Renton
R� 0 Z, 1055 South Grady Way
! r a Yz -5 r�� Renton, WA 98057 _(
Check the boards/commissions/committees in which you are interested:
AIRPORT ADVISORY COMMITTEE* ❑ PLANNING COMMISSION*
❑ CIVIL SERVICE COMMISSION* ❑ ADVISORY COMMISSION ON DIVERSITY
❑ HOUSING AUTHORITY* ❑ SENIOR CITIZENS ADVISORY COMMITTEE*
❑ HUMAN SERVICES ADVISORY COMMITTEE* ❑ SISTER CITY COMMITTEE - CUAUTLA
❑ LIBRARY BOARD ❑ SISTER CITY COMMITTEE - NISHIWAKI
❑ MUNICIPAL ARTS COMMISSION* ❑ TRANSIT ADVISORY BOARD
❑ PARKS COMMISSION* ❑ NON -MOTORIZED TRANSPORTATION ADV CMTE
1,Npeczal membership requirements apply. Visit www.rentonwa.gov or call 425-430-6500 for details.
Your application will be given every consideration as vacancies occur.
MR. MS. ❑ NAME DATE '2 O
ADDRESS `ljT LA �=F_ l7 ZIP CODE v
PHONE: DAY 2-6 " q- Iq_5W NIGHT"[J7 'M2-9--1Z'i EMAILC44-e sLAO 6Et144.1
RENTON RESIDENT? YE-5 IF SO, SINCE WHEN? i l 93
CITY OF FORMER RESIDENCE A
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OCCUPATIONI"S� '( EMPLOYER� 6_ 1 061 CQ M 1', 1E :Cl 4 t
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COMMUNITY ACTIVITIES (organizations/clubs/service groups,
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REASON FOR APPLYING FOR THIS BOARDXOMMISSIONXOMMITTEE rj PU Al E 5 ( -J U-V O
FLA-io(Nlt '3-SPooSIF>tt..�T1�S
CAN ATTEND DAY MEETINGS? CAN ATTEND NIGHT MEETINGS?
Applications will be kept on file for one year. if you have questions about serving on a board,
commission, or committee, please feel free to contact the Mayor's Office at 425-430-6500.
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. Department of Community &
Economic Development
Staff Contact...... Jennifer Davis Hayes x6589
Subject:
Issue Paper
Arts and Culture Master Plan Contract
Exhibits:
Scope of Work and Contract with Lund Consulting Inc.
AI#: -7, G,
For Agenda of:
October 5, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information .........
►9
Recommended Action: Approvals:
Refer to Community Services Committee Legal Dept......... X
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... $25,000 Transfer/Amendment.......
Amount Budgeted....... $25,000 Revenue Generated.........
Total Project Budget $25,000 City Share Total Project..
SUMMARY OF ACTION: A contract with Lund Consulting Inc. is required to assist City staff and a
Steering Committee in the development of an Arts and Culture Master Plan. The Council and Mayor
recognized the benefit to create a strategic vision for the future of arts and culture in Renton when it
passed Ordinance 5365 in March 2008 to direct the Renton Municipal Arts Commission to develop such
a plan. The plan will create a strategic vision and actionable goals that will be implemented by the City
and community -based organizations over the next 5 years.
STAFF RECOMMENDATION: Approve a contract with Lund Consulting Inc. in an amount not to
exceed $25,000 to assist in the development of the Arts and Culture Master Plan and authorize the
Mayor and the City Clerk to sign the contract.
��y O DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT
♦ '�"
M E M O R A N D U M
DATE: September 28, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: y, Denis Law, Mayor
FROM: Alex Pietsch, Administrator
STAFF CONTACT: Jennifer Davis Hayes, Community Development Project
Manager (ext. 6589)
SUBJECT: Arts and Culture Master Plan
ISSUE:
Should the City enter into a contract with Lund Consulting Inc. for $25,000 to assist in the
development of the Arts and Culture Master Plan?
RECOMMENDATION:
The Department of Community & Economic Development staff recommends that the Council
approve a contract with Lund Consulting Inc. for $25,000 to assist in the development of the Arts
and Culture Master Plan.
BACKGROUND SUMMARY:
As the City of Renton continues to grow in area and population, a strategic vision and investment
in the arts and culture sector will help to meet the needs of our residents. A community that has
a strong arts and culture environment enhances its quality of life, generates jobs, contributes to
the economic vitality, and can attract businesses and residents to the City. Arts and culture
events and infrastructure can enhance tourism to the City, which in turn benefits hotels,
restaurants and retail businesses.
The Council and Mayor recognized the benefit to create a strategic vision for the future of arts
and culture in Renton when it passed Ordinance 5365 in March 2008. This ordinance amended
ordinance 5155 and stated:
Arts and Culture Master Plan Consultant Contract
Issue Paper
September 28, 2009
Page 2 of 2
"The Commission shall develop a Five -Year Master Plan for Arts and Culture, which shall
include the City's vision and goals for future works of public art, and a strategic plan for
implementing these goals.
The Five -Year Master Plan shall be subject to review and approval by the Mayor and City
Council on an annual basis."
The plan will develop a strategic vision for the future of arts and culture in the City of Renton by
building upon Renton's strengths and ensure that investments made by the City through the 1%
for Art contribution and operating funds are efficiently and effectively invested.
The goal of the process will be to develop a plan implemented by not only the City, but also
organizations and individuals throughout the City via public -private partnerships or outside
funding sources. The investment in the development of a strategic master plan will help to
identify and leverage funding sources in the wider community.
Lund Consulting Inc. will assess the arts and culture landscape in Renton, solicit input on
opportunities and develop a five-year implementation plan. The plan could contain the following
strategies for the Renton community to implement:
*Identification of public art investment opportunities in the next five years, including
within the neighborhoods and business districts
*Identification of funding and sustainability grant and resource opportunities
-Role definition of the Arts Commission and other art groups moving forward, as well as
organizational development and technical assistance tools
*Support arts education
•Increased cultural and ethnic diversity with the arts and cultural offerings
•Enhanced cultural tourism opportunities
*Support individual artists
•Recommendation for effective use of existing cultural facilities
CONCLUSION:
The $25,000 contract to hire Lund Consulting Inc. to assist in the development of the Arts and
Culture Master Plan will create a community -driven implementable strategy to ensure that
Renton remains "Ahead of the Curve" and continues to attract families and businesses to the City
to thrive.
Attachments:
• Scope of Work and Contract with Lund Consulting Inc.
cc: Jay Covington, CAO
Bonnie Walton, City Clerk
Suzanne Dale Estey, Economic Development Director
CONSULTANT AGREEMENT
THIS AGREEMENT is made as of the day of , 20 , between the CITY OF RENTON,
a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and Lund
Consulting, Inc., hereinafter referred to as "CONSULTANT", for their services related to
developing an Arts and Culture Master Plan. Information shall be made available for use by the
City of Renton Staff and City Council.
The CITY and CONSULTANT agree as set forth below:
1. Scope of Services. The Consultant will provide all labor necessary to perform all work,
which is described in the attached Scope of Services (Exhibit A). This Agreement and
Exhibit hereto contain the entire agreement of the parties and supersedes all prior oral
or written representation or understandings. This Agreement may only be amended by
written agreement of the parties. The scope of work may be amended as provided
herein.
2. Changes in Scope of Services. The City, without invalidating the Consultant
Agreement, may order changes in the services consisting of additions, deletions or
modifications, and adjust the fee accordingly. Such changes in the work shall be
authorized by written agreement signed by the City and Consultant. If the project scope
requires less time, a lower fee will be charged. If additional work is required, the
consultant will not proceed without a written change order from the City. If any provision
of this Agreement is held to be invalid, the remainder of the Agreement shall remain in
full force and effect to serve the purposes and objectives of this Agreement.
3. Time of Performance. The Consultant shall complete performance of the Consultant
Agreement for the items under Consultant's control in accordance with Exhibit A. If
items not under the Consultant's control impact the time of performance, the Consultant
will notify the City.
4. Term of Consultant Agreement. The term of this Agreement shall end at completion
of the scope of work identified in Exhibit A, but no later than June 30, 2010. This
Agreement may be extended to accomplish change orders, if required, upon mutual
written agreement of the City and the Consultant.
5. Consultant Agreement Sum. The total amount of this Agreement is not to exceed the
sum of $25,000. Washington State Sales Tax is not required. The Cost Estimate
provided by the Consultant to the City specifies total cost.
6. Method of Payment. Payment by the City for services rendered will be made after a
voucher or invoice is submitted in the form specified by the City. Payment will be made
within thirty (30) days after receipt of such voucher or invoice. The City shall have the
right to withhold payment to the Consultant for any work not completed in a satisfactory
manner until such time as the Consultant modifies such work so that the same is
satisfactory.
7. Record Maintenance and Work Product. The Consultant shall maintain accounts and
records, which properly reflect all direct and indirect costs expended and services
provided in the performance of this Agreement. The Consultant agrees to provide
access to any records required by the City. All originals and copies of work product,
exclusive of Consultant's proprietary items protected by copyright such as computer
programs, methodology, methods, materials, and forms, shall belong to the City,
including records, files, computer disks, magnetic media or material which may be
produced by Consultant while performing the services. Consultant will grant the City the
right to use and copy Consultant copyright materials as an inseparable part of the work
product provided.
8. Assignment Agreement. The Consultant shall not assign any portion of this consultant
Agreement without express written consent of the City of Renton.
9. Hold Harmless. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents, employees and volunteers, from and against any and all claims, losses
or liability, or any portion thereof, including attorneys fees and costs, arising from injury
or death to persons, including injuries, sickness, disease or death of Consultant's own
employees, or damage to property caused by a negligent act or omission of the
Consultant, except for those acts caused'by or resulting from a negligent act or
omission by the City and its officers, agents, employees and volunteers. Should a court
of competent jurisdiction determine that this agreement is subject to RCW 4.24.115,
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
contractor and the city, its officers, officials, employees and volunteers, the contractor's
liability hereunder shall be only to the extent of the contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitute
the contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this agreement.
10. Insurance. The Consultant shall secure and maintain commercial liability insurance in
the amount of $1,000,000 in full force throughout the duration of this Consultant
Agreement. It is agreed that on the CONTRACTOR's policy, the City of Renton will be
named as Additional Insured(s) on a non-contributory primary basis. A certificate of
insurance and the Primary & Non -Contributory Additional Insurance Endorsement page,
properly endorsed, shall be delivered to the City before executing the work of this
agreement. Please note: The cancellation language should read "Should any of the
above described policies be cancelled before the expiration date thereof, the issuing
company will mail 45 days written notice to the certificate holder named to the left."
11. Independent Contractor. Any and all employees of the Consultant, while engaged in
the performance of any work or services required by the Consultant under this
agreement, shall be considered employees of the Consultant only and not of the City.
The Consultant's relation to the City shall be at all times as an independent contractor.
Any and all claims that may or might arise under the Workman's Compensation Act on
behalf of said employees, while so engaged, and any and .all claims made by a third
party as a consequence of any negligent act or omission on the part of the Consultant's
employees, while so engaged on any of the work or services provided to be rendered
herein, shall be the sole obligation and responsibility of the Consultant.
12. Compliance with Laws. The Consultant and all of the Consultant's employees shall
perform the services in accordance with all applicable federal, state, county and city
laws, codes and ordinances. Discrimination Prohibited: Consultant, with regard to work
performed under this agreement, will not discriminate on the grounds of race, color,
national origin, religion, creed, age, sex, the presence of any physical or sensory
handicap, or sexual orientation, in the selection and/or retention of employees, or
procurement of materials or supplies. '
This agreement is entered into as of the day and year written above.
CONSULTANT
Lund Consulting, Inc.
411 University Street, Suite 1200
Seattle, WA 98101
APPROVED AS TO FORM:
City Attorney
CITY OF RENTON
Denis Law, Mayor
ATTEST:
Bonnie I. Walton, City Clerk
Exhibit A
Scope of Work
Arts and Culture Master Plan
Phase I: Project Start Up, Data Collection (November 1— November 13)
Lund Consulting will, meet with City staff to discuss specific project details, responsibilities, expectations,
protocols, deadlines and other contract requirements. The discussion will also include
recommendations for steering committee membership. Lund Consulting will review background
materials provided by the City and through their research.
Deliverables:
• Memorandum summarizing goals and a detailed work plan
• Key messages and annotated bibliography from research and material review conducted
Contract Payment Schedule:
• A $2,000 payment will be processed upon completion and receipt of materials listed in Phase I
deliverables if completed by November 13.
• Payment will be reduced by 5% per week past November 16, unless written agreement between
Lund Consulting and City staff. E-mail communication will suffice as written agreement.
Phase II: Needs Assessment, Findings and Options (November 16 — January 29)
1) Stakeholder Interviews
Lund Consulting will work with City staff to identify the number and names of stakeholders to be
interviewed.
2) Cultural Mapping
Lund Consulting will map arts and cultural organizations, creative industry cluster data, public art
identification, and potential philanthropic partnership businesses or institutions. This may include
non -profits, music venues, community centers, theatres, schools, ethnic centers and film business
and venues. Lund Consulting will coordinate with City staff for technical assistance as needed.
3) Public Art Assessment
Lund Consulting will meet with City staff to understand the City's objectives for its public art
holdings and program. The assessment of Renton's current public art collection will include review
of the collection, its condition and placement and existing records and policies to assess what exists
presently. A retention and deaccesion plan, if desired by the City and steering committee, could be
included in this work.
Lund Consulting will facilitate further discussion of potential actions pursuant to collection
stewardship, public art, exhibition development, policy development, funding strategies or other
strategies with the Steering Committee. This discussion will include strategies to partner with
community and business organizations to enhance the public art objectives identified.
Lund Consulting, hie. Page 1 of 3
Arts & Cultural Master Plan
4) Community Meetings and Focus Groups
Lund Consulting will develop an agenda for community meetings, open houses and focus groups.
City staff will be responsible for identifying and arranging locations as well as inviting stakeholders.
5) Comparable City and Program Research ,
Lund Consulting will expand the research conducted to learn from comparable situations nationally,
including the tie between economic development and community -driven arts and cultural
resources.
6) Assess organizational capacity, roles and development
Lund Consulting will host two workshops with the Municipal Arts Commission and other non-profit
cultural community organizations to gather information and gain an understanding of the mission,
budgets, service delivery and management.
Deliverables:
Written results of stakeholder interviews (by December 18)
Physical map with icons and directory in format that can be posted on the web and printed by
the City (by December 18)
Written assessment of public art collection (by January 4)
Written summary of public feedback on plan priorities (by January 15)
Needs assessment and critical issues report (by January 29)
Contract Payment Schedule:
$14,000 payment will be processed upon completion and receipt of materials listed in Phase II
deliverables.
• Payment will be reduced by 5% per week past January 29, unless written agreement between
Lund Consulting and City staff. E-mail communication will suffice as written agreement.
PHASE III: Arts and Cultural Master Plan Development (February 1— April 30)
The first two phases of this process provide the foundation for the Arts and Cultural Master Plan. Lund
Consulting will continue to communicate and/or meet weekly with City staff and the Steering
Committee to guide this work. The meetings will be used to review approaches, identify gaps, debate
approaches and reach consensus on next steps. From these conversations, a strategy and action plan
for the future on defined topic areas will be developed, to be implemented by the City and community
and business organizations.
1) Draft Recommendations Work Session
Lund Consulting will develop options for strategic actions, recommendations, and priorities by
presenting suggestions, facilitating discussion and reaching consensus with the City and Steering
Committee. This process will be augmented with research and supporting information in the
development of the final plan.
Lund Consulting, Inc. Page 2 of 3
Arts & Cultural Master Plan
2) Develop Draft Plan
Lund Consulting will develop a draft plan for review and comment by compiling the work of all the
previous steps.
3) Public Event
Lund Consulting will assist the City and Steering Committee to present to a broad and diverse
audience identified throughout the process. This event will be not only an opportunity to present
the plan, but to gather final input and galvanize support around the action plan.
4) Outreach Activity
Lund Consulting will work with the City and Steering Committee to identify opportunities to broaden
awareness of the Arts and Culture Master Plan process and to animate what might otherwise be
"just a report." This could include a roundtable discussion or to produce a critical issues
presentation and call for action to be shown on Renton's public television station.
5) Final Report and Presentation
Lund Consulting will develop the final Arts and Culture Master Plan report. A PowerPoint
presentation will also be developed by Lund Consulting to present the plan to City Council, Renton's
art groups, business and community organizations and other future presentation opportunities. The
PowerPoint presentation should include speaking points and notes that would allow City staff and
Steering Committee members to make these presentations independently. City staff will work with
Lund Consulting to identify presentations that require consultant participation.
Deliverables:
• Draft Arts and Culture Master Plan (by March 1)
• Public Event to present master plan points to the larger community (by March 19)
• Completion of outreach activity identified through collaboration with Lund Consulting, City staff,
and the Steering Committee (by April 9)
• Final Arts and Culture Master Plan. The plan will be a camera-ready, graphically rich report that
includes an executive summary brochure, strategies and an action plan for next steps. A
PowerPoint presentation will summarize key points of the process and plan recommendations.
(by April 23)
• Final Presentation (date TBD)
Contract Payment Schedule:
• $6,500 payment will be processed upon completion and receipt of materials listed in Phase III
deliverables.
Payment will be reduced by 5% per week past April 30, unless written agreement between Lund
Consulting and City staff. E-mail communication will suffice as written agreement.
Project Expenses:
• $2,500 has been reserved for project expenses that will be mutually agreed upon by Lund
Consulting and City,staff. Payment of these expenses will be processed after invoice submittal.
Lund Consulting, Inc. Page 3 of 3
Arts & Cultural Master Plan
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data: CED
Dept/Div/Board Development Services Division
Staff Contact Rick Moreno, X7278
Subject: Talbot Ridge Estates Final Plat
File No.: L05P007 FP (King County)
LUA 07-150, FP
Exhibits:
Staff Report, Legal Description, Project Site Map, and
Vicinity Map
Resolution
Recommended Action:
Council Concur
Al #: • 6r.
For Agenda of: October 5, 2009
Agenda Status
Consent..............X
Public Hearing..
Correspondence..
Ordinance .............
Resolution............ X
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept ......... X
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
The recommendation for approval of the referenced final plat is submitted for Council action. This final
plat subdivides 4.3 acres into 22 single-family residential lots vested to King County standards to include
storm facilities, street improvements and street lighting. All water and sewer utilities are provided
through Soos Creek Water and Sewer Utility District. This project was initiated through King County.
STAFF RECOMMENDATION:
Approve the Talbot Ridge Estates Final Plat, LUA07-150, FP, with the following conditions and
adopt the resolution.
1. All plat improvements has been either constructed or deferred to the satisfaction of the City
staff prior to recording of the plat.
2. All plat fees shall be paid prior to recording the plat.
DEVELOPMENT SERVICES DIVISION
BUILDING/PLANNING/PUBLIC WORKS
CITY OF RENTON
STAFF REPORT AND RECOMMENDATIONS
APPLICANT: John O'Neil
Talbot Ridge Estates, LLC
Talbot Ridge Estates Final Plat.
File: LUA 07-150, FP
LOCATION:
SUMMARY OF REQUEST:
RECOMMENDATION:
SW Corner at 192nd St & 102nd Ave SE
NW Section 5, Twp. 22 N., 5 Rge. E, W.M.
Final Plat for 22 single-family residential
lots with water, sanitary sewer, storm, street
and lighting.
Approve With Conditions
FINDINGS, CONCLUSIONS & RECOMMENDATION
The applicant, Talbot Ridge Estates, LLC., filed a request for approval of Talbot Ridge
Estates, a 22-lot Final Plat. Staff now makes and enters after having reviewed the record
documents in this matter the following:
FINDINGS:
1. All appropriate City of Renton personnel reviewed the subject proposal.
2. The new plat is located in NW Section 5, Township. 22 N., Range. 5 E, W.M.
The subject site is located at the 100th block of SE 192" P1.
3. The subject site is comprised of a parcel of 4.3 acres.
4. The Preliminary Plat, L05P0007 was approved by the King County Hearing
Examiner on January 30, 2007.
5. The site is zoned R-6 (Single Family — 6 dwelling units/acre).
6. The Final Plat complies with King County the Zoning and Comprehensive
Codes.
As a condition of Final Plat submittal, the following items address the conditions of plat
approval from the Hearing Examiner's decision approved by the City Council. The
conditions of the Plat Approval and actions taken are summarized below.
The application has complied with the requirements of the Determination of Non -
Significance (DNS) that was issued by the Hearing Examiner on January 12, 2007. The
applicant shall comply with the recommendations contained within the Decision by the
Hearing Examiner on January 30, 2007 (conditions to follow):
As a requirement for Final Plat submittal, the following comments will address the
Conditions of Approval from the Hearing Examiner for the above referenced project.
1. Compliance with all platting provisions of Title 19A of the King County Code.
This condition has been met through the review and approval of the Final Plat.
2. All persons having an ownership interest in the subject property shall sign on
the face of the final plat a dedication which includes the language set forth in
King County Council Motion No. 5952.
The required signatures will be provided on the Final Plat. The City of Renton's
standard dedication/certification has been included on the plat.
3. The plat shall comply with the density requirements of the R-6-SO zone
classification. All lots shall meet the minimum dimensional requirements of the
R-6-SO zone classification or shall be as shown on the face of the approved
preliminary plat, whichever is larger, except that minor revisions to the plat
which do not result in substantial changes may be approved at the discretion of
the Department of Development and Environmental Services.
This condition has been met through the platting. process.
4. The applicant shall provide the TDR certificate with the submittal of the
engineering plans and the final plat. If the TDR certificate cannot be obtained,
the applicant shall redesign the number of lots based upon the allowable density.
This will result in the reconfiguration and loss of lots.
The Preliminary Plat approval included developing 27 lots. The number of lots
has been reduced to 22 which meet the standard zoning requirements. Therefore,
this development does not utilize the Transfer of Development Rights option.
There is no TDR certificate to provide.
5. All construction and upgrading of public and private roads shall be done in
accordance with the King County Road Standards established and adopted by
Ordinance No. 11187, as amended (1993 KCRS).
This condition has been met by the completion of construction as shown on the
approved engineering plans and design revisions approved by the City of Renton.
6. The applicant shall obtain documentation by the King County Fire Protection
Engineer certifying compliance with the fire flow standards of Chapter 17.08 of
the King County Code.
This condition has been met by the completion of construction of the proposed
water facilities as shown on the approved water plans and acceptance of the City
Fire Marshal.
7. Final Plat approval shall require full compliance with the drainage provisions set
forth in King County Code 9.04. Compliance may result in reducing the
number and/or location of lots as shown on the approved preliminary plat.
Preliminary review has identified the following conditions of approval which
represent portions of the drainage requirements. All other applicable
requirements in KCC 9.04 and the Surface Water Design Manual (SWDM)
must also be satisfied during engineering and final review.
a. Drainage plans and analysis shall comply with the 1998 King County Surface
Water Design Manual and applicable updates adopted by King County.
DDES approval of the drainage and roadway plans is required prior to any
construction.
b. Current standard plan notes and ESC notes, as established by DDES
Engineering Review, shall be shown on the engineering plans.
These conditions have been met through the review and approval process of
the engineering plans.
c. The following note shall be shown on the final recorded plat:
"All building downspouts, footing drains, and drains from all impervious
surfaces such as patios and driveways shall be connected to the permanent
storm drain outlet as shown on the approved construction drawings on file
with DDES and/or the King County Department of Transportation. This plan
shall be submitted with the application of any building permit. All
connections of the drains must be constructed and approved prior to the final
building inspection approval. For those lots that are designated for individual
lot infiltration systems, the systems shall be constructed at the time of the
building permit and shall comply with plans on file."
As amended and agreed upon by Development Services Division, a revised
City of Renton version of this note has been included on the Final Plat.
d. The storm water facilities for this site shall be designed to meet at a minimum
the Conservation Flow Control and. Basic Water Quality requirements in the
2005 King County Surface Water Design Manual (KCSWDM).
A Surface Water Drainage Adjustment (L05V0061) is approved for this site.
All conditions of approval for this adjustment shall be met prior to approval
of the engineering plans.
These conditions have been met through the review and approval process of
the engineering plans.
e. To implement the required Best Management Practices (BMP's) for treatment
of storm water, the final engineering plans and technical information report
(TIR) shall clearly demonstrate compliance with all applicable design
standards. The requirements for best management practices are outlined in
Chapter 5 of the 2005 KCSWDM. The design engineer shall address the
applicable requirements on the final engineering plans and provide all
necessary documents for implementation. The final recorded plat shall
include all required covenants, easements, notes, and other details to
implement the required BMP's for site development.
This development has been approved with the understanding that the
allowable impervious area of each lot will be specifically restricted to satisfy
the Best Management Practices requirements. A covenant and table listing the
maximum allowable impervious area for each lot has been shown on the Final
Plat.
f. The applicant's geotechnical engineer shall provide recommendations for the
design and construction of the road, onsite grading and compaction, drainage
detention vault, and any required retaining walls. The geotechnical
recommendations shall be included in the TIR and incorporated into the
design with submittal of the engineering plans.
These conditions have been met through the review and approval process of the
engineeringL plans.
8. Special geotechnical construction inspection of the road improvements, onsite
grading and compaction, drainage detention vault, and any required retaining
walls is required to ensure compliance with the geotechnical recommendations.
Daily inspection reports shall be submitted to the assigned Land Use Inspector
during the construction phases of those facilities. A final construction report
shall be submitted verifying compliance with the geotechnical
recommendations. Notes requiring the above shall be shown on the engineering
plans.
This condition has been met by action taken by the developer and his geotechnical
engineer. Following the completion of construction of the site's improvements
the Final Construction Report will be provided. The required notes have been
included on the engineering_plans.
9. Geotechnical engineer review of the future home foundation construction is
required. Notes to this effect shall be shown on the engineering plans and the
final plat.
The required note has been included on the approved engineering plans and Final
Plat.
10. The proposed subdivision shall comply with the 1993 King County Road
Standards (KCRS) including the following requirements:
a. Road A shall be improved at a minimum to the urban sub -access street
standard, with a cul-de-sac at the west end.
This condition shall be met by the completion of construction as shown on the
4pproved engineering_plans.�
b. FRONTAGE: The frontage along 102nd Ave SE shall be improved at a
minimum to the urban neighborhood collector street standard (west side). The
design shall require compliance with Section 4.01(f) of the KCRS; asphalt
overlay when widening.
This condition has. been met by the completion of construction as shown on
the approved engineering plans.
c. FRONTAGE: The frontage along SE 192nd Street shall be widened and
lowered, as approved by DDES and in compliance with the conditions of
approval for Road Variance L05V0066. The frontage shall be widened to the
urban neighborhood collector standard on the south side. The road lowering is
required to improve the entering and stopping sight distance at the SE 192nd
Street/102nd Ave SE intersection. Details of this improvement shall be shown
on the engineering plans and routed to KCDOT for approval.
This condition has been met by the completion of construction as shown on
the approved engineering_plans.
d. The proposed private access tract and joint use driveways shall comply with
Sections 2.09 and 3.01 of the KCRS, unless otherwise approved by DDES.
These tracts shall be owned and maintained by the lot owners served. Notes to
this effect shall be showed on the engineering plans and the final plat.
The improvements for these tracts have been designed to comply with the
required standards. Appropriate notes assigning ownership and maintenance
have been included on the Final Plat.
e. Modifications to the above road conditions may be considered according to
the variance provisions in Section 1.08 of the KCRS.
This condition has been met by the completion of construction as shown on
the approved engineering plans and a subsequent design revision approved by
the City of Renton. The approved revised design matches grade of the
existing road and provide a 2% cross slope with curb gutter and sidewalk on
the south side of the road and extruded curb on the north side of the road.
11. All utilities within proposed rights -of -way must be included within a franchise
approved by the King County Council prior to final plat recording.
This condition has been met by action taken by the developer and the City of
Renton.
12. The applicant or subsequent owner shall comply with King County Code 14.75,
Mitigation Payment System (MPS), by paying the required MPS fee and
administration fee as determined by the applicable fee ordinance. The applicant
has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay
the MPS fee at the time of building permit issuance. If the first option is
chosen, the fee paid shall be the fee in effect at the time of plat application and a
note shall be placed on the face of the plat that reads, "All fees required by King
County Code 14.75, Mitigation Payment System (MPS), have been paid." If the
second option is chosen, the fee paid shall be the amount in effect as of the date
of building permit application.
13.
As a result of the annexation of this project into the City of Renton all fees are
required and will be12aid prior to Final Plat approval.
14. Lots within this subdivision are subject to King County Code 21A.43, which
imposes impact fees to fund school system improvements needed to serve new
development. As a condition of final approval, fifty percent (50%) of the
impact fees due for the plat shall be assessed and collected immediately prior to
recording, using the fee schedules in effect when the plat receives final
approval. The balance of the assessed fee shall be allocated evenly to the
dwelling units in the plat and shall be collected prior to building permit
issuance.
The property is within the Kent School District. A 50% impact fee due at
recording and final 50% due when the building permit is issued shall be collected.
15. The planter islands (if any) within the cul-de-sacs shall be maintained by the
abutting lot owners or homeowners association. This shall be stated on the face
of the final plat.
The required note has been included on the Final Plat.
16. Suitable recreation space shall be provided consistent with the requirements of
KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play
equipment, picnic table[s], benches, etc.).
a. A detailed recreation space plan (i.e., area calculations, dimensions, landscape
specifications, equipment specifications, etc.) shall be submitted for review
and approval by DDES and King County Parks prior to or concurrent with the
submittal of the engineering plan. This plan must not conflict with the
Significant Tree Inventory & Mitigation Plan.
The required plans have been submitted and approved by King County and
provide for the necessary requirement The approved landscape plans have
been included with the submittal of the Final Plat.
b. A performance bond for recreation space improvements shall be posted prior
to recording of the plat.
The recreation space improvements have been completed therefore a
performance bond is not required for recording the plat.
17. A homeowners' association or other workable organization shall be established
to the satisfaction of DDES which provides for the ownership and continued
maintenance of the recreation, open space and/or sensitive area tract(s).
The Talbot Ridge Estates Homeowners Association is incorporated under the
Secretary of State's Certification. A copy of the Covenants, Conditions and
Restrictions for the homeowners association has been included with the submittal
for Final Plat and will be recorded concurrently.
18. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050):
a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along
all roads. Spacing may be modified to accommodate sight distance
requirements for driveways and intersections.
b. Trees shall be located within the street right-of-way and planted in accordance
with Drawing No. 5-009 of the 1993 King County Road Standards, unless
King County Department of Transportation determines that trees should not be
located in the street right-of-way.
c. If King County determines that the required street trees should not be located
within the right-of-way, they shall be located no more than 20 feet from the
street right-of-way line.
These conditions have been met through the review and approval process of
the landscape plans for this project.
d. The trees shall be owned and maintained by the abutting lot owners or the
homeowners association or other workable organization unless the County has
adopted a maintenance program. Ownership and maintenance shall be noted
on the face of the final recorded plat.
The required note has been included on the Final Plat.
e. The species of trees shall be approved by DDES if located within the right-of-
way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -
bearing trees, or any other tree or shrub whose roots are likely to obstruct
sanitary or storm sewers, or that is not compatible with overhead utility lines.
These conditions have been met through the review and approval process of
the landscape plans for this project.
f. The applicant shall submit a street tree plan and bond quantity sheet for review
and approval by DDES prior to engineering plan approval. Condition has
been met through the review and approval process of the landscape plans for
the project.
g. The applicant shall contact Metro Service Planning at 684-1622 to determine
if SE 192nd Street and/or 102nd Avenue SE are on a bus route. If SE 192nd
Street and/or 102nd Avenue SE are a bus route, the street tree plan shall also
be reviewed by Metro.
These conditions have been met through the review and approval process of
the engineering_plans.
h. The street trees must be installed and inspected, or a performance bond posted
prior to recording of the plat. If a performance bond is posted, the street trees
must be installed and inspected within one year of recording of the plat. At the
time of inspection, if the trees are found to be installed per the approved plan,
a maintenance bond must be submitted or the performance bond replaced with
a maintenance bond, and held for one year. After one year, the maintenance
bond may be released after DDES has completed a second inspection and
determined that the trees have been kept healthy and thriving.
Street trees have been installed. The City of Renton will complete all
inspections.
i. A landscape inspection fee shall also be submitted prior to plat recording. The
inspection fee is subject to change based on the current County fees.
The landscaping has been installed.
19. To implement SO-220 pursuant to former KCC 21A.38.230, a detailed tree
retention plan shall be submitted with the engineering plans for the subject plat.
The tree retention and engineering plans shall be consistent with the
requirements of SO-220. No clearing of the site is permitted until the tree
retention plan is approved by DDES. Flagging and temporary fencing of trees to
be retained shall be provided, consistent with SO-220. The placement of
impervious surfaces, fill material, excavation work, or the storage of
construction materials is prohibited with the fenced areas around preserved
trees, except as may be permitted under the provisions of SO-220.
These conditions have been met by action taken by the developer.
A note shall be placed on the Final Plat indicating that the trees shown to be
retained on the tree retention plan shall be maintained by the future owners of the
proposed lots consistent with KCC 21A.38.230(B)(6). The tree retention plan
shall be included as part of the final engineering plans for the subject plat.
The tree retention does not show any trees to be retained on individual lots. The
note is not necessary and has not been shown on the plat.
20. In the event that any archaeological objects are uncovered on the site, the
applicant shall comply with RCW Chapter 27.53, Archaeological Sites and
Resources. Immediate notification and consultation with the State Office of
Archaeology and Historical Preservation, King County Office of Cultural
Resources and relevant tribes (including the Suquamish, Puyallup and
Muckleshoot tribes) is required if discovered materials are prehistoric and a site
is present.
The developer compiled with this condition. No archaeological objects were
uncovered.
21. The subdivision shall conform to KCC 16.82 relating to grading on private
property.
Not Applicable.
22. Development of the subject property may require registration with the
Washington State Department of Licensing, Real Estate Division.
Not Applicable.
23. Preliminary approval of this application does not limit the applicant's
responsibility to obtain any required permit or license from the State or other
regulatory body. This may include, but not limited to the following:
a. Forest Practice Permit from the Washington State Department of Natural
Resources.
b. National Pollutant Discharge Elimination System (NPDES) Permit from
WSDOE.
c. Water Quality Certification (401) Permit from the US Army Corps of
Engineers.
The Developer obtained an NPDES Construction Storm Water General Permit
from WSDOE.
CONCLUSIONS:
The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat
process and therefore should be approved by the City Council.
RECOMMENDATION:
1. The City Council to approve the Final Plat with the following conditions:
a) All plat fees shall be paid prior to the recording of the plat.
b) All plat improvements shall be either constructed or deferred to the
satisfaction of City staff prior to the recording of the plat.
SUBMITTED THIS 1st DAY OF September, 2009.
RICK MORENO '
DEVELOPMENT SERVICES DIVISION
cc: Kayren Kittrick
LUA-07-01 G-FP
CITY OF RENTON
PLANNINGBUILDING/PUBLIC WORKS
MEMORANDUM
DATE: June 11, 2009
TO: Bob Mac Onie, Technical Services
Sonja Fesser, Technical Services
FROM: Rick Moreno, x 7278
r
SUBJECT: TALBOT RIDGE ESTATES FINAL PLAT
LUA 07 —150 FP
SW CORNER @192ND STREET /102ND AVE SE
FINAL REVIEW & APPROVAL FORM
Enclosed are the latest corrections to the final plat per your previous memo. Attached is the revised
plat. If all concerns have been addressed and you recommend recording of the mylars, please sign
this memo below and return to me.
Thank you.
Approval:
Approval:
Name,
cc: Yellow File
0
'6` oVAj._ eD Et-3JECT ` c, `jl-i
PUBLIC WORKS DEPARTMENT
v ,.
M E M O R A N D U M
DATE: June 11, 2009
TO: Rick Moreno
FROM: Sonja J. Fesser
SUBJECT: Talbot Ridge Estates, LUA-08-150-FP
Format and Legal Description Review
Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the
following additional comment:
Comments for the Applicant:
See the attachment for a circled portion of the "CITY OF RENTON APPROVALS" block
that needs to be removed.
As a final plat, the surveyor's stamp must be signed pursuant to WAC 196-23-020, or the
document must be stamped as "PRELIMINARY".
VITile Sys\LND -Land Subdivision & Surveying Records\L.ND-10 - Plats\0474\RV090608.doc
)VERNMENT LOT 4, SECTION 5,
NCE, DESCRIBED AS FOLLOWS:
J QUARTER 33.66 FEET SOUTH OF
WEST ALONG THE WEST LINE OF
JCE; THENCE ALONG SAID FENCE
99.07 FEET AND SOUTH 88'12'26"
E OF SAID NORTHWEST QUARTER
TION
,SIGNED OWNERS IN FEE SIMPLE OF
DEDICATE TO THE USE OF THE
AND THE USE THEREOF FOR ALL
4ECESSARY SLOPES FOR CUTS AND
THE ORIGINAL REASONABLE
D FURTHER DEDICATE TO THE USE
OR ALL PUBLIC PURPOSES AS
> AND DRAINAGE.
AND UTILITIES FOR THE BENEFIT
HEREBY CONVEYED UPON THE
18, 19, 20, 21 AND 22.
OWNERSHIP INTEREST IN TRACT A
NTENANCE OF SAID TRACT.
> AND UTILITIES FOR THE BENEFIT
' CONVEYED UPON THE RECORDING
15. OWNERSHIP OF SAID LOTS
TRACT B, AND AN EQUAL AND
RACT.
)T RIDGE ESTATES HOMEOWNERS'
R PRIVATE RECREATION AND STORM
IP AND MAINTENANCE OF SAID
CATED TO THE CITY OF RENTON FOR
PUBLIC STORM DRAINAGE FACILITIES
►J 1 1l 1 Ju ►�
A PORTION _ s'v'T LONW 1 /4 OF THE NW 1 /4),
SECTION 5, 7-7-MNSHIP '' �• aRTH, RANGE 5 EAST, W.M.,
CiT` —'= ==`* NTON, r;: ;0 COUNTY, WASHINGTON
CITY OF RENTON APPROVALS CITY
CITY OF RENTO FEMt4 uBL IC WORKS DEPARTMENT I HEREB
ASSESS!
EXAMINED AND APPROVED j 'S DAY OF _-_ _--__—. 2009. CONTAIP
THIS _.
CITY OF RENTON ADMINISTRATOR, DEPARTMENT OF PUBLIC WORKS
FINANC
CITY OF RENTON MAYOR
EXAMINED AND APPROVED _— DAY OF --__ 2009.
MAYOR ----.------ — — ---- -- KINI
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SPECIA
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CITY OF RENTON CONTA
ATTEST: THIS _— DAY _ ---- 2009. THIS .
CITY CLERK
ACKNOWLEDGMENTS
STATE OF WASHINGTON )
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I CERTIFY THAT I KNOW OR HAVE SATISFACTC�- ' V'DENCE THAT --- - -
IS THE PERSON THAT APPEARED BEFORE ME, A'D SA:D P RSON ACKNOWLEDGED THAT HE/SHE
SIGNED THIS INSTRUMENT; ON OATH STATED 7HA- HE/SHE" WAS AUTHORIZED TO EXECUTE
THE
INSTRUMENT; AND ACKNOWLEDGED IT AS THE -___—__ OF TALBOT
Oa Ar 0 BE THE FREE AND
RIDGE ESTATES LLC, A WASHINGTON LIMITED . AE' L'T'" MPI "Y•
VOLUNTARY ACT OF SUCH PARTY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
DATED: ____—_ 2009.
NAME: ------- ----------
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CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL
PLAT (TALBOT RIDGE ESTATES FINAL PLAT; FILE NO. LUA07-150FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has been
duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and
the approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools, school grounds, sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and
Economic Development pertaining to the.following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
1
RESOLUTION NO.
(The property, consisting of adpproximately 4.3 acres, is located in the vicinity of
the southwest corner at 192" Street and 102nd Avenue SE.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community
and Economic Development dated September 8, 2009.
PASSED BY THE CITY COUNCIL this day of 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1419:9/14/09:scr
Denis Law, Mayor
2
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTWEST QUARTER OF GOVERNMENT LOT 4, SECTION 5,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.
IN KING COUNTY, WASHINGTON.
EXCEPT 192ND STREET AND 102ND AVENUE SOUTHEAST:
ALSO EXCEPT THAT PORTION LYING SOUTH OF AN EXISTING FENCE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER 33.66 FEET SOUTH
OF THE NORTWEST CORNER THEROF: THENCE SOUTH 00° 22'25" WEST ALONG THE WEST LINE
OF SAID NORTHWEST QUARTER 261.46 FEET TO SAID EXISTING FENCE; THENCE ALONG SAID
FENCE SOUTH 88' 28' 15" EAST 215.76 FEET, SOUTH 88° 4751" EAST 299.07 FEET AND SOUTH
88' 12'26" EAST AND EXTENSION THEREOF 139.20 FEET TO THE EAST LINE OF SAID
NORTHWEST QUARTER OF GOVERNMENT LOT 4, AND TERMINUS OF SAID LINE.
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. Finance & IT Department
Staff Contact...... George McBride, Information
Technology
Subject:
Fiber Optics Consortium Interlocal Agreement
Exhibits:
1. Issue Paper
2. Addendum #51 to Fiber Optics Installation
Projects
Recommended Action:
Council Concur
Al #: ,
For Agenda of:
October 5, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept.........
Finance Dept......
Other ...............
Fiscal Impact:
Expenditure Required... 0 Transfer/Amendment.......
Amount Budgeted....... 0 Revenue Generated.........
Total Project Budget 0 City Share Total Project..
X
X
SUMMARY OF ACTION:
Approval of a Fiber Optics Project Interlocal Agreement Addendum #51 that would add the City
of Puyallup as a partner to the existing consortium partners for the sharing of fiber optics
installation projects. By adding an additional partner to the consortium, the number of partners
is increased, spreading future potential costs of getting fiber to the other valley cities and Valley
Communications. There are no costs to the City for this project.
STAFF RECOMMENDATION:
Approve Interlocal Agreement Addendum #51 that adds the City of Puyallup to the existing
consortium partners.
H:\Finance\Council\01_AgendaBills\2009\2009_Utility Leak Adjustment.doc
FINANCE AND city of
INFORMATION SERVICES ww�D (6 (S
M E M O R A N D U M
DATE: September 28, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: Denis Law, Mayor
FROM: Iwen Wang, FIT Administrator
STAFF CONTACT: George McBride, Information Technology
SUBJECT: Fiber Consortium Interlocal Agreement Addendum #51
ISSUE
Should the City execute an Interlocal Agreement Addendum adding the City of Puyallup
as a partner to the Fiber Consortium?
RECOMMENDATION
Staff recommends approval of Addendum #51 to the Fiber Optics Interlocal Agreement.
BACKGROUND
Several years ago the City joined the Fiber Consortium, a group of local government
agencies comprised of local cities, hospitals, schools, and utilities. The attached Fiber
Optics Project Agreement Addendum #51 (FOPA) supplements the original agreement
by adding the City of Puyallup to the Fiber Consortium as a partner. By adding valley
cities to the consortium, the number of partners is increased, spreading future potential
costs of getting fiber to the other valley cities and Valley Communications. There are no
costs to the City for this project.
Cc: Jay Covington, CAO
Marty Wine, Assistant CAO
George McBride, Information Technology
h:\finance\council\02_issuepapers_memos to council or mayor\2009_fiberinterlocal agreement #51 issue paper.doc
ADDENDUM #51
GENERAL TERMS and CONDITIONS
For Sharing of Fiber Optic Installation Projects
WHEREAS, the City of Bellevue, the City of Kirkland, the City of Renton, the City
of Auburn, the Lake Washington School District, the Renton School District, the Bellevue
School District, the University of Washington, Bellevue Community College, Evergreen
Hospital, and Seattle Public Utilities, (the Participating Agencies) have entered into the
General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and;
WHEREAS, the City of Puyallup, desires to participate in the planned and future
Fiber Optic Projects but cannot because it is not a Participating Agency subject to the
General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and;
WHEREAS, the current Participating Agencies desire to amend the General Terms
and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Puyallup as
a Participating Agency for participation in the planned and future Fiber Optic Projects;
NOW THEREFORE, the parties hereby agree as follows:
1) All terms in this Addendum shall have the same meaning as the defined terms
in the General Terms and Conditions for Sharing of Fiber Optic Installation Projects.
2) City of Puyallup hereby acknowledges that it has read, understands and
accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects,
hereby incorporated by reference as if fully set forth, and agrees to be bound by them.
3) As provided in Section IX, paragraph N, the current Participating Agencies
hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation
Projects to add City of Puyallup as a Participating Agency, and City of Puyallup, by
executing this agreement, consents to becoming a Participating Agency.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the
General Terms and Conditions For Sharing of Fiber Optic Installation Projects on the
respective dates indicated below.
Approved as to Form:
David Ramsay Date City Attorney
City Manager, City of Kirkland
Approved as to Form:
Resolution No. 2137
Valley Cities BTOP Grant Application
Steve Sarkozy Date
City Manager, City of Bellevue
Weldon Ihrig
Executive Vice President
University of Washington
Date
Barbara Posthumus Date
Coordinator Business Services
Lake Washington School District
Tom Martin
Chief Information Officer
Evergreen Hospital
Date
,lack McLeod Date
Director, Facilities and Information Services
Bellevue School District
City Attorney
Approved as to Form:
Denis Law Date City Attorney
Mayor, City of Renton
Stanley Morency Date
Director of Information Services
Renton School District 403
Approved as to form:
Resolution No. 2137
Valley Cities BTOP Grant Application
Approver! as to form:
B. Jean Floten Date Assistant Attorney General
President
Bellevue Community College
William M. Schrier Date
Chief Technology Officer
City of Seattle
Approved as to Form:
Pete Lewis Date City Attorney
Mayor, City of Auburn
W. r N lJ n'
Gary N. Mqkean °
City Mana er, City of Puyallup
Resolution No. 2137
Valley Cities BTOP Grant Application
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. Finance & IT Department
Staff Contact...... George McBride, IT
Subject:
Operating Lease Agreement with IKON Office
Solutions, Inc.
Exhibits:
1. Issue Paper
2. IKON Master Agreement #1007115ML
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required.
Amount Budgeted.......
Total Project Budget
$109,613/yr (approx.)
$120,000
$109,613/yr (approx.)
Al #: i
For Agenda of:
October 5, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
Approvals:
Legal Dept......... X
Finance Dept......
Other ...............
Transfer/Amendment.......
Revenue Generated.........
City Share Total Project..
X
SUMMARY OF ACTION:
Approval of a Master Agreement with IKON Office Solutions, Inc. for the next five years that
would replace 27 copiers of the existing Canon rental copiers in the City's copier fleet with new
Ricoh copiers. This agreement is projected to save the City $14,000 per year, when compared to
current contract cost.
STAFF RECOMMENDATION:
Approve the Master Agreement with IKON Office Solutions, Inc.
H:\Finance\Council\01_AgendaBills\2009\2009_lkon Copier Agreement Agenda bill.doc
0
FINANCE AND city of
INFORMATION SERVICES D Mum '
M E M O R A N D U M
DATE: September 28, 2009
TO: Randy Corman, Council President
Members of the Renton City Council
VIA: pL Denis Law, Mayor
FROM: Iwen Wang, FIT Administrator
STAFF CONTACT: George McBride, Information Technology
SUBJECT: Operating Lease Agreement with IKON Office Solutions, Inc.
ISSUE
Should the City execute an Operating Lease Agreement with IKON Office Solutions, Inc.
for the next five years that would replace 27 copiers?
RECOMMENDATION
Staff recommends approval of Master Agreement #1007115ML.
BACKGROUND
The City currently maintains a fleet of 61 copiers/multifunction devices that are a mix of
rented and City owned machines. We have completed a review of each machine with
its life cycle usage, annual copy productions counts, and costs. The Operating Lease
Agreement is.for the next five years at a cost of $8,304 per month or $99,648 per year
plus applicable tax. This would allow replacement of 27 of the existing Canon rental
copiers in the City's fleet currently costing $10,024 per month or $120,285 per year with
new Ricoh copiers. This is an annual savings of $14,000 with improved features and
performance available to the staff.
Cc: Jay Covington, CAO
Marty Wine, Assistant CAO
George McBride, Information Technology
h:\finance\council\02_issuepapers_memos to council or mayor\2009_ikon copiers agreement issue paper.doc
STATE AND LOCAL GOVERNMENT Document Efficiency
Product Schedule At Work.`
A RICOH COMPANY
Product Schedule Number: Master Agreement Number: 1007115ML
This Schedule ("Schedule") is made part of the Master Agreement ("Master Agreement") identified on this Schedule between IKON Office
Solutions, Inc. ("we" or "us") and City of Renton , as Customer ("you"). All terms and conditions
of the Master Agreement are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately
enforceable as a complete and independent agreement, independent of all other Product Schedules to the Master Agreement.
CUSTOMER INFORMATION
City of Renton City of Renton
Customer (Bill To) Product Location
1055 S. Grady Way Suite 110 1055 S Grady Way
Address Address
Renton KING WA 98055 Renton King WA 98055
City County State Zi City County State Zip
Customer Contact Name: Customer Telephone Number: Fax Nutnber/E-mail Address:
Chris Catt 42543a6887
PRODUCT DESCRIPTION ("Products")
Ouantitv
I Description: Make, Model & Serial Number
Quantitv
Description: Make, Model & Serial Number
5
Ricoh 6001
1
Pro 1050 Sn # 56WE00534
8
Ricoh 4000
9
Ricoh 3350
1
Ricoh C 3300
2
Ricoh Pro EX 550
PAYMENT SCHEDULE
Minimum Term (mos.)
60 months
Minimum Payment
Without Tax)
$8304.00
Payment Due:
=Monthly
Quarterly =Other
Advance Payment (with tax)
=apply to I" Month's Pint.
Other
Sales Tax Exempt: ❑ Yes (Attach Exemption Certificate) Customer Billing Reference Number (P.O. ii, etc.)
Addendum(s) attached: ❑ Yes (check if yes and indicate total number of pages:
TERMS AND CONDITIONS
1. The first Payment will be due on the Effective Date. The delivery date is to be indicated by signing a separate acceptance form.
2. You, the undersigned Customer, have applied to us to rent the above -described items ("Products") for commercial (non -consumer) purposes. Except
with respect to the express non -appropriations rights set forth in the Agreement, THIS IS AN UNCONDITIONAL, NON -CANCELABLE
AGREEMENT FOR THE MINIMUM TERM INDICATED ABOVE. If we accept this Schedule, you agree to rent the above Product(s) from us,
and we agree to rent such Product(s) to you, on all the terms hereof, including the Terms and Conditions on the Master Agreement. THIS WILL
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE
RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT.
3. Additional Provisions (if any) are: PROPERTY TAX INCLUDED. Operating lease issued pursuant to State of Washington RFP # 03706.
THE PERSON SIGNING THIS AGREEMENT ON BEHALF OF THE CUSTOMER REPRESENTS THAT HE/SHE HAS THE AUTHORITY TO DO SO.
. X Title:
Authorized Signer
(Authorized Signer's printed name)
Accepted by: IKON OFFICE SOLUTIONS, INC.
Date. X Title: Date:
Authorized Signer
(Authorized Signer's printed name)
1-888-ASK-IKON nvvcikon.cont
IKON Office Solution.•i's and IKON: Doetu mat Efficiency At \fork / A Ricoh Conyany are trademarks of IKON Office Solutions, Inc. Ricoh k is a registered trademark of'
Ricoh Company, Ltd. SLG P;S 06,09
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 21 of 100
SPECIAL TERMS AND CONDITIONS
1. Survivability
Placements made using the authority provided by this Contract will survive the Contract itself. Those customers
renting or leasing the equipment will continue to receive ongoing service from the Contractor at the agreed upon
Contract rate through the term of their placement contract agreement. The Contract terms and conditions will
survive the authorizing contract through that final term.
Those customers purchasing equipment will receive ongoing service from the Contractor at the agreed upon
Contract rate until the expiration of the Contract.
Upon the Contract termination, customers and Contractors may agree to further extend a placement. Such further
extensions will not be for more than twelve month terms, and the State will reserve the right to terminate these
placements with 30 days notice and without termination penalties.
2. Equipment Additions/Deletions
During the term of the contract, Contractors may add or delete contract equipment introduced or removed from
the market by the manufacturer provided the equipment falls within the scope of the Contractor's awarded
contract. Contractor shall update its dedicated contract website to reflect this change. New equipment must be
adequately described and the associated price list must be updated to reflect the new equipment's prices. Pricing
must utilize the same pricing structure as was used for other equipment falling into the same product category.
3. Equipment Installation/Removal
The installation and/or removal of contract equipment shall be performed in a professional manner. The
customer's premises shall be left in a clean condition. The Contractor may be required to repair all damage
and/or provide full compensation for damage to the customer's premises that occurred during equipment
installation/removal. All cables used to connect the equipment must be pre -approved by customer's Information
Services (IS) staff in advance of order finalization and placement.
Installation and removal costs shall be included in equipment pricing, except in the specific cases where delivery
and self installation is identified on the order. In those cases equipment is to be delivered to the customer's
identified delivery point at no additional charge (i.e. — shipped freight prepaid FOB destination and included in
contract price). However, extraordinary delivery requirements and their associated extra costs may be charged to
the purchaser as a separate line item on the invoice, when pre -approved by the purchaser.
Installation of equipment to be networked must be coordinated with the customer's internal IS personnel in
charge of the computer network and telephone system to which the machine may be connected.
Connectivity service support is to be available to coordinate installation with agency personnel and be available
to answer questions and concerns on the equipment installed. Personnel in charge of the installation must be
available to coordinate installation with ordering agency internal staff in charge of the customer's network.
Service support personnel, knowledgeable in digital equipment and in networking equipment, will be required to
provide all necessary maintenance and repair.
4. Training on Equipment
Contractor shall provide ordering agencies up to two (2) hours free in-house training at the time of equipment
installation or by appointment within five (5) working days as arranged with agency personnel. Training to
include, but not limited to, standard functional use of machine to networked users as well as training to any
assigned agency personnel to enable them to instruct others. Such training shall be provided at no additional
charge to the customer.
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 22 of 100
5. Operator's Manual
Instruction and maintenance manuals shall be furnished for all contract equipment and software delivered and
installed. Electronic instructional media will be furnished for all software provided. Manuals shall contain, but
not be limited to, the following:
• A section describing the capability of the equipment.
• A section on machine specifications.
• A section describing operating instructions.
• A section describing the installation and use criteria of the equipment.
• A section describing general maintenance instructions.
• A section describing software installation and user guides.
6. Newly Installed Machine Performance Problems
Ordering agency will evaluate the performance of newly installed equipment for a 30-day period after
installation. If the machine's performance is unsatisfactory, the ordering agency will immediately contact the
Contractor to pursue corrective action and resolution of the problem. Resolution of machine performance
problems may result in:
• The replacement of the machine with another machine of the same brand and model, at no additional cost
(including delivery and installation) to the customer, or
• Return of the machine and cancellation of the order at no charge to the customer.
7. Equipment Loaners
The Contractor shall be responsible for any delivery, installation/removal charges associated with equipment
loaners.
Equipment Repair: Contract equipment under any rental or maintenance agreement which is non -operational and
cannot be repaired within 24 working hours of notification that service is required, at customer's request will be
replaced within two (2) working days by a loaner unit until repairs are completed. Loaner equipment does not
have to be the same model, but must perform the same functions as the equipment being repaired.
Partial Operability: In the case of machines needing repair, but which are still partially operable, requirements
and arrangements for loaner equipment will be made between the Contractor and customer. If no agreement can
be reached, the Contract Administrator administering this Contract will make a final determination.
Late Equipment Delivery: If requested equipment (purchased, rented or leased) cannot be supplied within the
Contractor's specified delivery time, substitute equipment, of equal or greater performance capabilities must be
temporarily installed pending the installation of the ordered new equipment. In issues of dispute, the Contract
Administrator administering this Contract will make a final determination.
Trial Placements:
• May not exceed thirty (30) days
• May run in conjunction with another vendor's ongoing placement but may not offset the cost of an early
termination penalty
8. Equipment Relocation/Transfer
Contract users shall be afforded the option to move or transfer contract equipment from one agency location t
another agency location (within the same agency, or to another agency) as deemed necessary with no change to
rental or maintenance plans. For agency self -moves, no installation or removal charges will be billed to either
location for customer's self relocated/transferred equipment. The customer will be responsible for required
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 23 of 100
repairs or damage that occurred during the transfer. Contractor/dealer shall be notified of the move to insure
continued maintenance service and accurate record keeping.
Alternately, agencies may elect to have their dealer move the equipment and pay a move and set-up fee. The
dealer will provide a moving price prior to the move and hold the price firm. No other fees apply and the dealer
is responsible for repairs required following such transfer.
Movement of equipment must be coordinated with agency's internal Information Services (IS) personnel in
charge of the computer network and telephone system to which the machine may be connected or disconnected.
9. Excessive Service and Downtime
Equipment, including all accessories and software, supplied through this contract shall be capable of continuous
operation. Therefore, Contractor shall guarantee that all contract equipment will be operational at least 95% of
normal business hours. Equipment that develops a trend of requiring an excessive number of service calls shall
be reported by the agency to the Contractor or by the Contractor to the agency as the situation warrants. Should
the equipment, any accessories, or software become inoperable for a period of twenty-four (24) consecutive
working hours, the Contractor shall, at the agency's option, provide, at no charge, a loaner or accessory of equal
capability of non -performing piece of equipment while repairs are being completed.
Contractors are to maintain a service log for each machine serviced describing maintenance and repair services
provided. A no -cost copy of service logs/reports must be provided to the customer and/or the Contract
Administrator within five (5) working days of request.
10. Materials and Workmanship
Contractors shall be required to furnish all materials, equipment and services necessary to perform contractual
requirements. Materials and workmanship in the construction of equipment for this contract shall conform to all
codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for
which intended. Materials shall be manufactured in accordance with the best commercial practices and standards
for this type of equipment.
11. Contractor Performance
General Requirements: OSP and ordering agencies monitor and maintain records on Contractor performance.
Said performance shall be a factor in evaluation and award of this and all future contracts. Agencies will be
provided with product/service performance report forms to complete and submit to the Contract Administrator to
assist in monitoring Contractor's contract performance.
Damages: Ordering Agencies have an ongoing requirement for the materials, equipment and services specified
herein. Vendors are urged to give careful consideration to the Ordering Agency's requirements, to the
manufacturer's production capabilities and to its performance capabilities when establishing dates for equipment
delivery and on -site installation and set-up. Note order lead-times specified in Contractor Information section.
Damages will be assessed in the amount of actual damages incurred by the ordering agency as a result of
Contractor's failure to make timely delivery and installation. Further, Ordering Agencies are entitled to recover
actual costs associated with Contractor's failure to perform the contract as specified herein.
12. Equipment Inspection/Testing/Acceptance
Inspections, tests, measurements, or other acts or functions performed by the Ordering Agency shall in no manner
be construed as relieving the Contractor from full compliance with contract requirements. At a minimum, an
installed device must demonstrate the capability of providing the functions and services specified in the
manufacturer's published literature.
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 24 of 100
Any equipment delivered through this contract that fails to perform to manufacturer's specifications may, within
fifteen (15) days of equipment receipt and at the Ordering Agency's request, be replaced with a new unit or the
defective unit be repaired under manufacturer's warranty.
13. Installation Site Requirements
Prior to order acceptance, Contractor must advise Ordering Agency of any and all specialized installation and
environmental customer site requirements for the delivery and installation of contract equipment. This
information should include, but is not limited to the following:
• Air conditioning;
• Electrical requirements;
• Special grounding;
• Cabling requirements;
• Space requirements;
• Humidity and temperature limits;
• Noise level, and;
• Any other considerations critical to the installation.
14. Availability of Repair Parts
Vendor must guarantee the availability of repair parts for a minimum of five (5) years subsequent to Ordering
Agency's acceptance of the contract equipment. All branded equipment components, spare parts, application
software, and ancillary equipment purchased and supplied under this contract must conform to manufacturer
specifications. The Contractor is responsible for ensuring that these items are operable and installed in
accordance with manufacturer's specifications.
15. Service and Maintenance Support
Service Technicians: Contractors shall have a service organization staffed by be full-time employees of the
Contractor or designated by the Contractor as their full-time authorized representative. Service representatives
shall be factory -trained technicians. All warranty or maintenance services to be performed on contract products
as well as any associated hardware or software shall be performed by qualified technicians properly trainer
and/or authorized by the manufacturer to perform such services.
Maintenance: Maintenance is defined as the service required to maintain contract equipment at performance
levels equal to or greater than the performance specified and published by the manufacturer or the specifications
specifically stated herein. Maintenance is to include all service components and consumable supplies (excluding
paper) including drums, developer, toner and staples.
Rye air Parts: In the event that the performance of maintenance services under the contract results in a need to
replace defective parts, such items may only be replaced by new OEM parts. In no instance shall the Contractor
be permitted to replace defective items with refurbished, remanufactured, or surplus items without prior written
authorization of the customer. The Contractor must maintain an adequate supply of spare parts and components.
Preventative/Scheduled Maintenance: Preventative/scheduled maintenance shall be based on the specific needs
of individual machines as determined by the manufacturer and shall be performed in accordance with the
manufacturer's recommendations. The Contractor shall schedule regular preventative maintenance (PM) serv'
as scheduled in advance with the Agency. Scheduled PM calls will not be considered downtime. The PM call,
shall include, but not be limited to, routine cleaning, lubrication, necessary adjustments, and replacement of
unserviceable parts.
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 25 of 100
Costs: Maintenance costs shall be expressed and charged for on a "cost per copy" basis for all purchased, rented
or leased equipment.
Maintenance Performed During Warranty Period: On all equipment (purchased, rented, or leased) obtained
through this contract, maintenance service charges (on a "cost -per -copy" basis) shall apply during the
manufacturer's warranty period.
Maintenance Caused by Operator Error, Misuse or Abuse: Should the cause of the service call be determined by
mutual consent to be an operator error, misuse or abuse by the agency, the Contractor may charge for the service
call at the rate specified herein for "Additional Installation/Network Labor Rate."
Maintenance Agreements: Contractor may request that Contract customers sign Maintenance Agreements
provided any terms or conditions in the agreement that are in conflict with the terms and conditions of this
Contract shall be unenforceable.
Reporting to Customer: When on site, the Contractor's service technician must report to the customer's
designated coordinator prior to and after each service call. Equipment maintenance or upgrades which may affect
equipment performance/service must be coordinated with the customer's coordinator a minimum of 48 hours in
advance. Maintenance or upgrades which might affect equipment performance/service will not normally be
conducted during office hours.
16. Dealers/Distributors
During the Contract period, the Contractor or Contract Administrator may remove a dealer or distributor from the
list of those designated to service this Contract at any time without further explanation or process. The
Contractor may propose dealer/distributor additions for consideration and does agree to provide interim service
should any listed resource become unavailable or deemed unsuitable by the Contract Administrator. The
decision about the suitability of dealers/distributors, sales representatives and outlets will be solely that of the
Contract Administrator.
17. Lack of Timely Repair Service Response
In cases where the Contractor is not able to respond to repair service requests within the specified contract time
frame, the contract customer shall have the option of acquiring repair services from another manufacturer
certified source and the Contractor shall be responsible for full reimbursement of costs incurred by the customer.
Repair services provided by another manufacturer certified source when the Contractor fails to respond in a
timely manor would not constitute grounds to void the manufacturer's warranty.
18. Equipment Warranty(ies)
Contractor shall submit a copy of the manufacturer's standard warranty with all equipment delivered under this
Contract. A full on -site parts and labor warranty shall be for a minimum period of ninety (90) calendar days after
receipt and acceptance of equipment by the Ordering Agency. This warranty must cover all common equipment,
accessories, hardware, parts, labor, travel, software, and all other necessary ancillary equipment required to
maintain the equipment in proper operation.
In the event of any conflict between Contract terms and conditions and any of the terms and conditions included
in the manufacturer's warranty, to afford the State maximum benefits, the Contract terms and conditions shall
prevail.
19. Special Promotions
Contractors may offer discounted special pricing on their website. Specials will run for one or more calendar
months, be plainly visible and be available to all contract customers during the promotional period. The
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 26 of 100
Contractor will furnish a summary of placements made during the promotion to Contract Administrator for file
within thirty (30) days of promotion completion.
20. Bulk Placements
Contractors may offer discounts or price breaks on the services, purchase prices, leases and rental plans to
those customers who require placement of five (5) or more machines at one time, or who through their
actions are modifying a fleet of five or more machines. Modifications may be in the form of alternate
payment structures, or alternate service requirements. Such modifications must offer users a program at
least as valuable as that established in the award of the contract.
Proposals involving modifications which add additional value elements, must be approved in advance of
order placement by the Contract Administrator. Thirty days are to be allotted for this consideration.
B. Bulk buy proposals may contain a minor amount of material not specifically specified in the contract.
Qualifying material would be accessories, software, cable, and attendant machines or devices
needed to complete the intended placement. This additional material must be such that it is normally and
customarily offered by the Contractor. In no case shall the value of such additions exceed twenty percent of the
value of the new equipment, or represent equipment listed on another mandatory state contract. The price fo;
such additions must represent a reasonable value in the opinion of the Contract Administrator.
C. Before taking advantage of the Bulk Placement provision, users and Contractors will attach documentation
to their PO copies of the Contract Administrator's letter of approval and maintain it for auditor's review.
Clients are encouraged to seek a print assessment to baseline their print needs, and are encouraged to
seek proposals for Bulk Placements from several Contractors.
21. Rentals
The following rental plans are to be available with each commencing on the date of installation or after an agreed
upon qualifying trial period (not to exceed thirty (30) days):
• Twenty-four (24) Month Rental,
• Thirty-six (36) Month Rental,
• Forty-eight (48) Month Rental, and
• Sixty (60) Month Rental.
Some Contract customers may require month to month (not to exceed nine (9) months) rental terms. Although
not specifically priced in the Contract, Contractors may offer these rental programs to those who require them.
Pricing for such rental terms is to be consistent with established contract pricing methodology listed in the
contract.
Should the customer be asked to sign a rental agreement, any conflict between the provisions of the Contractor's
rental agreement and the terms and conditions of this Contract shall be resolved in favor of what is most
beneficial to the customer. Rental periods may extend beyond the expiration or termination of this Contract.
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 27 of 100
22. Expiration/Renewal of Rental Agreement
The Contractor will send e-mail notification of pending end of term at ninety (90) days and again at sixty (60)
days prior to end of rental term. Customers may choose one of the following three (3) options at the end of the
rental term:
• They may conclude the rental and return the machine to the Contractor. Customer shall not be
responsible for pickup, shipping or transportation charges to return the equipment to the Contractor.
• They may continue the placement with a continuation of the same terms and commitment but with the
lower mutually agreed to monthly rental rate on a month to month basis, or for an additional fixed period
of time.
• They may convert to month to month rental at the same rental rate.
However, if Contractor has not notified the customer that the end of the rental term has been reached or if the
customer has not notified the Contractor of which of the above options they have selected, the rental shall
automatically be converted to a month to month rental at the same rental rate. The cost of maintenance service
shall continue unchanged.
For rental terms that extend beyond a total of sixty (60) months, the Contractor may, with thirty (30) days written
notice, unilaterally terminate the rental and remove the machine at no additional cost to the customer should the
Contractor's service technicians be unable to maintain the device in good working order.
23. Rental Machine Upgrades and Downgrades
A term placement may be concluded before it has run full term to upgrade or downgrade. When the agency
replaces the equipment with equipment from the same Contractor, a four (4) month payment penalty will apply,
unless the Contractor reduces or waives the penalty. When a new Contractor is selected, thirty (30) days notice
to the current Contractor is required and a four (4) month penalty will apply. New Contractors may not waive or
offset the penalty.
24. Operating Leases
Customers may obtain Contract equipment through an Operating Lease (where no ownership in the equipment'
transfers to the customer during or at the end of the lease period) at rate(s) established in the Contract. A
maintenance service program shall be charged for separately on a cost per copy basis as provided for herein.
During the term of the lease agreement, the lease may not be cancelled unless the Contractor fails to maintain the
equipment in good working order as specified herein or for non -appropriation of funds. Such cancellation shall
be permitted without penalty with thirty (30) days written notification to the Contractor.
The following operating lease plans are to be available to Contract customers. Each plan shall commence on the
date of equipment installation or after an agreed upon qualifying trial period (not to exceed thirty (30) days):
• Thirty-six (36) Month Operating Lease,
• Forty-eight (48) Month Operating Lease, and
• Sixty (60) Month Operating Lease.
With a minimum thirty (30) day notice prior to the end of the operating lease agreement, Contractor shall remove
the equipment and return it to the Contractor's facility at no additional cost to the customer. Customer may not
purchase the machine at the end of the term of the operating lease. However, customer may continue using the
machine on a month -to -month rental basis until the machine is picked up and returned to the Contractor.
Should the customer be asked to sign an operating lease agreement, any conflict between the provisions of the
Contractor's lease agreement and the terms and conditions of this Contract shall be resolved in favor of what is
most beneficial to the customer.
Current Contract Information (CCI), Effective Date: July 7, 2009
Contract No. 03706 for Multifunctional Document Devices, Standalone and Networked
Page 28 of 100
25. Standard Leases
Political subdivision customers may obtain Contract equipment under the Contractor's standard lease provisions
and rates established for Standard Equipment Leases (where ownership in the equipment transfers to the
customer during and/or at the end of the lease period). The purchase price(s) specified in the Contract shall be
used when establishing lease rates. For this reason standard leases shall be reported by the Contractor as contract
activity and the payment of a Purchasing Fee shall apply to this transaction. There may be limited opportunity
for the customer to cancel the lease during its term depending on the provisions of the Contractor's standard lease
agreement.
Standard lease purchases by State agency customers must be arranged through the Washington State Office of the
Treasurer. If approved by the Office of the Treasurer, the equipment will be purchased from the Contractor and
State agency will make periodic payments to the Office of the State Treasurer. Any State agency lease not
arranged through the Washington State Office of the Treasurer may be canceled and the equipment returned to
the supplier at any time without further financial obligation to the supplier or leaseholder. Should the equipment
be returned following such cancellation, the Contractor will be liable for any transportation and storage charges
as well as damages to the product that occurs during the return of the equipment to the Contractor/leaseholder or
its representative.
26. Early Termination Charges
Agencies that wish to terminate a term rental plan may do so with sixty (60) days written notice to the Contractor.
Early termination charges may be assessed if an approved rental agreement is canceled prior to the end of the
rental term or is otherwise inconsistent with cancellation terms. Payment of a four (4) month rental penalty w''_
apply. Termination charges will not apply to those rental plans canceled due to non -appropriation of funds
(whether at agency or local level), where upgrading or downgrading models by the same manufacturer, or in
cases where the Contract Administrator finds non-performance or reduced funding to be the cause of termination.
The Contract Administrator reserves the right to reduce or waive early termination fees. Unresolved site service
problems will be a consideration. It is the intent of the State that agencies complete the terms of each rental as
was agreed.
27. Payment of Property Taxes
Contractors shall be responsible for the payment of property taxes when customers have obtained Contract
equipment under a rental or operating lease authorized by the Contract. Customers who have obtained Contract
equipment under the terms of the Contractor's Standard Lease Agreement will be responsible for payment of
property taxes when separately listed on the invoice.
28. Risk of Loss or Damage
The Ordering Agency shall be relieved from risks of loss or damage to all equipment purchased, rented or leased
during shipment prior to equipment installation at the customer's designated location. Ordering Agencies will be
responsible for risks of loss or damage to the equipment once it has been delivered/installed and signed for by
customer's representative. Contractors shall clearly demonstrate they have informed customers of this
responsibility prior to order placement.
29. Customer Pricing Verification
For those Vendors whose pricing reflects a discount off of the Manufacturer's Suggested Retail Price, it shall
required that the Vendor provide the customer with a copy of the Buyer's Laboratory report showing associat,_
pricing so that the customer will be able to validate the price being quoted by the Vendor. For those Vendors
whose pricing reflects a fixed price amount, the customer may validate pricing by referring to the Current
Contract Information (CCI) document.
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board..
Staff Contact......
Subject:
2010 Budget
Exhibits:
Finance & IT Department
Iwen Wang, Administrator
Budget Meeting Calendar
Al #:
For Agenda of: October 5, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance .............
Resolution............
Old Business........
New Business.......
Study Sessions......
Information.........
X
X
Recommended Action: Approvals:
• Refer to Committee of the Whole Legal Dept.........
• Set Public Hearing on 2010 Revenue Sources and Finance Dept...... X
Preliminary Budget for October 26, 2009 Other ...............
• Set final Public Hearing on proposed 2010 Budget
for November 16, 2009
Fiscal Impact:
Expenditure Required... Transfer/Amendment.......
Amount Budgeted....... Revenue Generated.........
Total Project Budget City Share Total Project..
SUMMARY OF ACTION:
In compliance with RCW 35.33.051, the proposed 2010 Budget will be submitted to the City
Council, and City Clerk by October 19, 2009. This agenda bill sets the time and place for two
public hearings, October 26 and November 16, 2009.
The following Ordinances will be presented in November as part of the 2010 Budget public
hearing process:
1. 2010 Budget
2. 2010 Property Tax
3. Proposed Fees and Rate ordinances (prepared by departments implementing fees/rate
changes.)
STAFF RECOMMENDATION:
Set public hearing dates of October 26 and November 16, 2009, to consider the 2010 Budget, with
potential adoption of the ordinances by November 23 to establish the 2010 Budget.
QA2010 BUDGET\2010 Budget Calendar.doc
CITY OF RENTON
PRELIMINARY
2010 BUDGET MEETING CALENDAR
All meetings will be held at City Hall, 1055 S. Grady Way, Renton, Washington 98057.
OCTOBER 5, 2009 — Regular Council Meeting — 7:00 p.m.
■ 2010 Budget Public Hearing Dates Set for 10/26 & 11/16; Budget Referred to Committee of the Whole
OCTOBER 19, 2009 — Regular Council Meeting — 7:00 p.m.
■ Mayor Delivers Preliminary Budget Message and transmits Proposed Budget to Council
OCTOBER 22, 2009 — SPECIAL Committee of the Whole — 8:00 —11: 30 a.m.
■ Budget Overview
OCTOBER 26, 2009 — Regular Committee of the Whole — 5:00 p.m.
■ City Service Areas and Department Presentations
OCTOBER 26, 2009 — Regular Council Meeting — 7:00 p.m.
■ PUBLIC HEARING — 2010 Revenue Sources and Preliminary Budget
OCTOBER 30, 2009 — SPECIAL Committee of the Whole —1:00 - 5:00 p.m.
■ City Service Areas and Department Presentations
NOVEMBER 2, 2009 — Regular Committee of the Whole — 5:00 p.m.
■ City Service Areas and Department Presentations
■ Follow up to Council Questions
NOVEMBER 2, 2009 — Regular Council Meeting — 7:00 p.m.
■ Proposed 2010 Utility Rates -Referred to Utilities Committee for 11/5, 10am Special Meeting
November 5, 2009 —SPECIAL Committee of the Whole —1:00 - 5:00 p.m.
■ City Service Areas and Department Presentations
NOVEMBER 9, 2009 — Regular Committee of the Whole — 5:00 p.m. (If needed)
■ City Service Areas and Department Presentations
■ Follow up to Council Questions
NOVEMBER 9, 2009 — Regular Council Meeting — 7:00 p.m.
■ Utilities Committee Report and First reading 2010 Utility Rates Ordinance
NOVEMBER 16, 2009 — Regular Council Meeting — 7:00 p.m.
■ PUBLIC HEARING — 2010 Budget (required by RCW 35A.34)
■ Enactment ordinance - 2010 Utility Rates Ordinance - 2nd reading and adoption
■ COTW Committee report and 1st reading of 2010 budget ordinance
■ COTW Committee report and 1st reading of 2010 property tax levy ordinance
■ COTW Committee report and 1st reading 2010 fee amendment ordinances
NOVEMBER 23, 2009 — Regular Council Meeting — 7:00 p.m.
■ Enactment ordinance 2010 budget — 2nd reading and adoption
■ Enactment ordinance 2010 property tax Levy— 2nd reading and adoption
■ Enactment ordinance fee amendment —2nd reading and adoption
Q:\2010 BUDGET\2010 Budget Calendar.doc
CITY OF RENTON COUNCIL AGENDA BILL
Submitting Data:
Dept/Div/Board.. Public Works/Utility Systems
Division/Surface Water Section
Staff Contact...... Ron Straka, x7248
Subject:
FY 2010-2011 Phase II Stormwater Pass -through Grants
Program — Ecology Grant Agreement No. G1000245
Exhibits:
Issue Paper
Grant Agreement # G1000245
Al #: 77, A ,
For Agenda of: October 5, 2009
Agenda Status
Consent ..............
Public Hearing..
Correspondence..
Ordinance ..............
Resolution..........
Old Business........
New Business.......
Study Sessions......
Information.........
KI
Recommended Action: Approvals:
Council Concur Legal Dept......... X
Finance Dept...... X
Other ...............
Fiscal Impact:
Expenditure Required... $50,000 (2009/2011) Transfer/Amendment.......
Amount Budgeted....... $0 Revenue Generated......... $50,000
(2009-2011)
Total Project Budget $0 City Share Total Project.. $0
SUMMARY OF ACTION:
The City of Renton is eligible to receive $50,000 in non -matching grant funding between 2009 and 2011
from the Washington State Department of Ecology. This grant will assist the Surface Water Utility and
the city to implement the requirements associated with the new NPDES Phase II Municipal Stormwater
permit. The grant funding will be used in the implementation of an illicit discharge, detection and
elimination program activities, and public education and public involvement activities. This grant does
not require the local government to match and is 100 percent funded by the Washington State
Department of Ecology with the effective date of the grant funds provided from July 1, 2009 to
June 30, 2011 per the agreement.
STAFF RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign the Ecology Grant Agreement No. G1000245
and the "Signature Authorization Form for Grant/Loan Recipients." The amendments to the Surface
Water Utility 407 and 427 fund revenue and expenditure budgets for the Ecology FY 2010-2011 Phase II
Stormwater Pass -through Grant funding will be included in the City's quarterly budget amendment
ordinance, which is prepared by the Finance Division.
H:\File Sys\SWP - Surface water Projects\SWP-27 - Surface Water Projects (CIP)\27-3058 2003 NPDES Phase II Permit\5000
Grants\50k_DOE_Grant\DOE Pass Thru Grant Agenda Bill.doc\EMaw
PUBLIC WORKS DEPARTMENT pR, ^City f
0
lm
M E M O R A N D U M
DATE: September 28, 2009
TO: Randy Corman, Council President
Members of Renton City Council
VIA: -��' Denis Law, Mayor
FROM: Gregg Zimmerma�W Ilic Works Administrator
STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248)
SUBJECT: FY 2010-2011 Phase II Stormwater Pass -through Grants
Program — Ecology Grant Agreement No. G1000245
ISSUE:
Should the City of Renton enter into a grant agreement with the Washington State Department
of Ecology for non -matching grant funds to be used by the city to assist with implementing the
Phase II Municipal Stormwater National Pollutant Discharge Elimination System (NPDES)
permit?
RECOMMENDATION:
Approve and authorize the Mayor and City Clerk to sign the Ecology Grant Agreement
No. G1000245 and the "Signature Authorization Form for Grant/Loan Recipients." The
amendments to the Surface Water Utility 407 and 427 fund revenue and expenditure budgets
for the Ecology FY 2010-2011 Phase II Stormwater Pass -through Grant funding will be included
in the city's quarterly budget amendment ordinance, which is prepared by the Finance Division.
BACKGROUND:
This grant will assist the Surface Water Utility and the city to implement the requirements
associated with the new NPDES Phase II Municipal Stormwater permit. The grant funding will
be used in the implementation of an illicit discharge, detection and elimination program
activities, and public education and public involvement activities. This grant does not require
the local government to match and is 100 percent funded by the Washington State Department
of Ecology with the effective date of the grant funds provided from July 1, 2009 to
June 10, 2011 per the agreement. The amendments to the Surface Water Utility 407 and 427
fund revenue and expenditure budgets for the Ecology FY 2010-2011 Phase II Stormwater
Pass -through Grant funding will be included in the city's quarterly budget amendment
ordinance, which is prepared by the Finance Division.
Randy Corman, Council President
September 28, 2009
Page 2 of 2
CONCLUSION:
The non -matching grant with the Washington State Department of Ecology, in the amount of
up to $50,000, would assist the city in complying with the federal NPDES permit.
cc: Lys Hornsby, Utilities System Director
Edward Mulhern, Surface Water Utility Engineer
File
H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3058 2003 NPDES Phase II Permit\5000
Grants\50k_DOE_Grant\DOE Pass Thru Grant Issue Paper.doc\EMaw
FY 2010-2011 PHASE II STORMWATER PASS -THROUGH
GRANTS PROGRAM
GRANT AGREEMENT BETWEEN THE
DEPARTMENT of STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
ECOLOGY AND
State of Washington
The City of Renton
THIS is a binding agreement entered into, by, and between the state of Washington Department of
Ecology (DEPARTMENT), and The City of Renton (RECIPIENT). The purpose of this
agreement is to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title:
Grant Number:
RECIPIENT Name and Address:
RECIPIENT Contact:
Telephone Number:
Fax Number:
E-Mail Address:
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E-Mail Address:
RECIPIENT Federal ID Number:
DEPARTMENT Project/Financial Manager:
Mailing Address:
Telephone Number:
Fax Number:
E-Mail Address:
DESIGNATED LOCAL
GOVERNMENT PARTNERS
(if applicable)
Phase II Stormwater Pass -through Grant
Program
G1000245
Dennis Law, Mayor
City of Renton
1055 South Grady Way
Renton, WA 98057
Edward Mulhern
425-430-7323
425-430-7241
emulhem@Rentonwa.gov
Teresa Phelan
425-430-7332
425-430-7241
tphelan@Rentonwa.gov
916001271
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
360- 407-6502
360-407-7151
None
ECY 070-357 (Rev. 9/09)
Phase II Stormwater Pass -through Grant
For partnerships, the lead government and partners must submit a copy of the signed agreement in
Appendix B with each copy of the grant agreement.
DEPARTMENT Funding Source: 2010-2011 Biennial Operating Budget/Local
Toxics Control Account
Total Cost (up to $50,000 each recipient): $ 50,000
Total Eligible Cost (up to $50,000 each Recipient): $ 50,000
DEPARTMENT Share ($50,000 each Recipient): $ 50,000
DEPARTMENT Maximum Percentage: 100%
The effective date of this grant agreement is July 1, 2009. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement expires on June 30, 2011.
PART H. PERFORMANCE MEASURES
01
B.
C.
Water Quality.
Improved stormwater management and water quality protection associated with
development and implementation of a stormwater management program.
Proiect Outcomes.
Local Government Stormwater Grants for local governments to receive grants for
municipal stormwater programs, including but not limited to implementation of Phase II
municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits.
Post Project Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment Survey.
The DEPARTMENT may conduct on -site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Environmental Protection Agency, and other natural resource agencies.
Approximate Post Project Assessment Date: June 30, 2012
Page 2 of 17
Phase II Stormwater Pass -through Grant
PART III. PROJECT DESCRIPTION
The RECIPIENT's stormwater project will address implementation or management of municipal
stormwater programs.
PART IV. PROJECT BUDGET
Phase H Stormwater Pass -through Grant Program
ELEMENTS
TOTAL ELIGIBLE
COST (TEC)*
Task 1 — Project Administration/Management (limited to 10% of total)
$
Task 2 — Implementation and management of Stormwater Program
$ 50,000
Total (limited to $50,000 per Recipient partner)
$ 50,000
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCHING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2010-11 (100% of TEC)
$ 50,000
Payment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's
Project/Financial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost -reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT shall ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the final contract to the DEPARTMENT's Project/Financial Manager.
Task 1 - Proiect Administration/Management
A. The RECIPIENT shall administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
Page 3 of 17
Phase II Stormwater Pass -through Grant
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all
applicable forms shall be included with an original A19-1A, and shall be submitted to the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecology Grants and Loans at htto://www.ecy.wa.gov/biblio/9118.html
Required Forms:
Form A19-1A (original signature)
Form B2 (ECY 060-7)
Form C2 (ECY 060-9)
Form D (ECY 060-11)
Where Eligible Costs Have Incurred:
Form E (ECY 060-12)
Form.F (ECY 060-13)
Form G (ECY 060-14)
Form H (F-21)
Form I (ECY 060-15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's Project/Financial Manager and in the quantities identified:
• Draft project completion reports — one electronic copy
• Final project completion reports — five copies
• Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any document(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Task 2 — Implementation of Stormwater Plannine and Manazement Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
Page 4 of 17
Phase II Stormwater Pass -through Grant
B. Check the boxes that represent the activities funded under this grant:
® Public education and outreach activities
® Public involvement and participation activities
® Illicit discharge detection and elimination (IDDE) program activities, including:
❑ Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s);
❑ Staff training
❑ Activities to identify and remove illicit stormwater discharges;
❑ Dry weather outfall screening procedures and field activities;
❑ Complaint hotline database or tracking system improvements.
❑ Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
❑ Development of an ordinance and associated technical manual
❑ Inspections before, during, and upon completion of construction, or for post -
construction long-term maintenance.
❑ Training for plan review and/or inspection staff
❑ Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
❑ Inspecting and/or maintaining the MS4 infrastructure
❑ Developing and/or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
❑ Annual reporting activities, including developing a summary of identified barriers to the
use of low impact development.
❑ Establishing and refining stormwater utilities, including stable rate structures.
❑ Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a Quality
Assurance Project Plan that Ecology approves prior to awarding funding for monitoring.
❑ Developing a report to plan for monitoring the next permit cycle.
❑ Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
permit requirement (such as a vactor truck) rather than general use (such as a general us
pick-up truck). Qualified equipment purchases include but are not limited to:
❑ Illicit discharge testing equipment and materials
❑ Vactor truck or sweeper truck for MS4 maintenance activities
❑ Electronic devices dedicated to mapping of MS4 facilities and attributes
❑ Software dedicated to tracking permit implementation activities
❑ Other activities consistent with the funding purposes of this program that support
stormwater management programs or permit compliance, which can be completed by the
June 30, 2011, deadline. Provide brief description in the space below:
Page 5 of 17
Phase II Stormwater Pass -through Grant
PART VI. SPECIAL, TERMS AND CONDITIONS
A. Commencement of Work. In the event that the RECIPIENT fails to commence work on
the project funded herein within four months after the effective date of this agreement, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this agreement.
B. DEPARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site -specific
locations must utilize appropriately sized and weather -resistant signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the
RECIPIENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT. Allowable equipment purchases include equipment
needed to implement permit requirements (such as a vactor truck) rather than for general
use (such as general use pick-up truck).
D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT employee's direct salary and benefit costs
incurred while conducting project related work, provided that prior to signature of this
agreement, the DEPARTMENT's Project/Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients of
Ecology Grants and Loans.
E. Meetin s/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE)
businesses in purchases and contracts initiated after the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation.
M/WBE participation is encouraged, however, and the RECIPIENT and all prospective
bidders or persons submitting qualifications should take the following steps, when
possible, in any procurement initiated after the effective date of this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
Page 6 of 17
Phase II Stormwater Pass -through Grant
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
Please include the following information:
1. Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub -and/or sub -subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Progress ss Reports. The RECIPIENT shall submit quarterly Progress Reports to the
DEPARTMENT's Project/Financial Manager. Payment requests will not be processed
without a Progress Report.
Reporting Periods.
• January 1 through March 31
• April 1 through June 30
• July 1 through September 30
• October 1 through December 31
Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
H. Water Quality Monitoring. Prior to initiating water quality monitoring activities, the
RECIPIENT must prepare a Quality Assurance Project Plan (QAPP) that follows
Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans
for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003).
The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and
must be approved before starting the environmental monitoring activities.
The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze
water samples for all parameters to be analyzed that require bench testing.
The RECIPIENT should manage all monitoring data collected or acquired under this
agreement in order to be available to secondary users and meet the "ten-year rule."
Monitoring Data Submittal / Environmental Information Management System. Funding
recipients that collect water quality monitoring data must submit all appropriate data to
Ecology through the Environmental Information Management System (EIM).
Page 7 of 17
Phase II Stormwater Pass -through Grant
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book'), and the Local Government Stormwater Grants Program FY 2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
amendment(s) of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
DATE
KELLY SUSEWIND, P.E., P.G.
WATER QUALITY PROGRAM MANAGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 8/14/09)
City of Renton
JURISDICTION
NAME: Denis Law
TITLE: Mayor
DATE
Page 8 of 17
Phase II Stormwater Pass -through Grant
Appendix A
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms
and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third -party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use
by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local
laws, orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project,
provide assurance to the DEPARTMENT that all approvals and permits have been secured, and
make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by
all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT
further agrees to affirmatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to
women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable
laws, regulations, and policies of the United States and the State of Washington which affect
wages and job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
Page 9 of 17
Phase II Stormwater Pass -through Grant
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for
all expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT
or by any duly authorized audit representative of the State of Washington for a period of at least
three years after the final grant payment/loan repayment or any dispute resolution hereunder. If
any such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the
final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit
report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports
are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through
June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due
within thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
Page 10 of 17
Phase II Stormwater Pass -through Grant
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by
the RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable
costs by major elements as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part
IV, published by the DEPARTMENT. A copy of this document shall be furnished to the
RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be
made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior
to the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to
final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan
shall be refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for
state employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
Page 11 of 17
Phase II Stormwater Pass -through Grant
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement.
In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform
any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further
funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to
the effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The
failure to appropriate or allot such funds shall be good cause to terminate this agreement as
provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by
any date mutually agreed upon in writing for commencement of work, the DEPARTMENT
reserves the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not
be construed as a modification of the terms of this agreement unless stated as such in writing by
the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable
materials or invents any patentable property, the RECIPIENT may copyright or patent the same
but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes.
Page 12 of 17
Phase II Stormwater Pass -through Grant
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use
or publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of
"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and
disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it
shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT
shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such
property.
5. Acquisition Projects. The following provisions shall apply if the project covered
by this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would
impair the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease
or other conversion or encumbrance which monies granted pursuant to this agreement bear to the
total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion
of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason,
to perform obligations required of it by this agreement, the RECIPIENT may, at the
Page 13 of 17
Phase II Stormwater Pass -through Grant
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the
opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal
decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this
agreement and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises
any function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he/she is, directly or indirectly interested; nor
shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
Page 14 of 17
Phase II Stormwater Pass -through Grant
2. To the extent that the Constitution and laws of the State of Washington permit,
each party shall indemnify and hold the other harmless from and against any liability for any or
all injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by
reference
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable
Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans"; and (e) the General Terms and Conditions.
SS-010 Rev. 04/04
Page 15 of 17
Phase II Stormwater Pass -through Grant
Appendix B
PARTNERSHIP AGREEMENT FOR ECOLOGY GRANTS
FY2010-2011 PHASE II STORMWATER PASS -THROUGH GRANTS
The cities, towns, and counties listed below agree to partner under one grant agreement for the
FY2010 -2011 Phase II Stormwater Pass -through Grants. The grant shall be administered on
behalf of the partners by the Lead Phase II Local Government. Each partner local government is a
city, town, or county permittee under the Phase II Western Washington Municipal Stormwater
General Permit or the Phase II Eastern Washington Municipal Stormwater General Permit.
Lead Phase II Local Government:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Partner Local Government # 1:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Partner Local Government #2:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Page 16 of 17
Phase II Stormwater Pass -through Grant
Partner Local Government #3:
Phase II permit coverage number:
Signature of authorized representative:
Partner Local Government #4:
Phase II permit coverage number:
Signature of authorized representative:
Title
Date
Title
Date
If you require special accommodations or need this document in a format for the visually
impaired, call the Water Quality Program at 360-407-6502. Persons with hearing loss can call
711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341.
Page 17 of 17
SIGNATURE AUTHORIZATION FORM
FOR GRANT/LOAN RECIPIENTS
Department of Ecology
Water Quality Program
PO Box 47600
Olympia, WA 98504-7600
Phone: (360) 407-6600
FAX: (360) 407-7151
Name of Organization Date Submitted
City of Renton
Project Title
Agreement Number
FY 2010-2011 Phase II Stormwater Pass-
through Grants Program
Ecology Grant Agreement No. G1000245
AUTHORIZING SIGNATORY
Signature
Print
Title/Term of Office
Denis Law
Mayor
AUTHORIZED
TO SIGN AGREEMENT AMENDMENTS
Signature
Print
Title
Ron Straka, P.E.
Surface Water Utility Engineer
Supervisor
Lys Hornsby, P.E.
Utility Systems Director
AUTHORIZED TO SIGN REQUEST FOR REIMBURSEMENT
Signature
Print
Title
Ron Straka
Surface Water Utility
Supervisor
Edward Mulhern
Surface Water Utility Engineer
CITY OF RENTON, WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL
PLAT (TALBOT RIDGE ESTATES FINAL PLAT; FILE NO. LUA07-150FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has been
duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and
the approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools, school grounds, sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION 1. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and
Economic Development pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
1
RESOLUTION NO.
(The property, consisting of approximately 4.3 acres, is located in the vicinity of
the southwest corner at 192"d Street and 102na Avenue SE.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community
and Economic Development dated September 8, 2009.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1419:9/14/09:scr
Denis Law, Mayor
N
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTWEST QUARTER OF GOVERNMENT LOT 4, SECTION 5,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.
IN KING COUNTY, WASHINGTON.
EXCEPT 192ND STREET AND 102ND AVENUE SOUTHEAST:
ALSO EXCEPT THAT PORTION LYING SOUTH OF AN EXISTING FENCE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER 33.66 FEET SOUTH
OF THE NORTWEST CORNER THEROF: THENCE SOUTH 00' 22'25" WEST ALONG THE WEST LINE
OF SAID NORTHWEST QUARTER 261.46 FEET TO SAID EXISTING FENCE; THENCE ALONG SAID
FENCE SOUTH 88' 28' 15" EAST 215.76 FEET, SOUTH 88- 4751" EAST 299.07 FEET AND SOUTH
880 12'26" EAST AND EXTENSION THEREOF 139.20 FEET TO THE EAST LINE OF SAID
NORTHWEST QUARTER OF GOVERNMENT LOT 4, AND TERMINUS OF SAID LINE.
CITY OF RENTON, WASHINGTON
RESOLUTION NO. D�
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING FINAL
PLAT (TALBOT RIDGE ESTATES FINAL PLAT; FILE NO. LUA07-1S0FP).
WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract
of land as hereinafter more particularly described, located within the City of Renton, has been
duly approved by the Department of Community and Economic Development; and
WHEREAS, after investigation, the Administrator of the Department of Community and
Economic Development has considered and recommended the approval of the final plat, and
the approval is proper and advisable and in the public interest; and
WHEREAS, the City Council has determined that appropriate provisions are made for
the public health, safety, and general welfare and for such open spaces, drainage ways, streets
or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks
and recreation, playgrounds, schools, school grounds, sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school; and
WHEREAS, the City Council has determined that the public use and interest will be
served by the platting of the subdivision and dedication;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above findings are true and correct in all respects.
SECTION II. The final plat approved by the Department of Community and
Economic Development pertaining to the following described real estate, to wit:
See Exhibit "A" attached hereto and made a part hereof as if fully set forth
1
RESOLUTION NO.
(The property, consisting of approximately 4.3 acres, is located in the vicinity of
the southwest corner at 192nd Street and 102nd Avenue SE.)
is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and
subject to the findings, conclusions, and recommendation of the Department of Community
and Economic Development dated September 8, 2009.
PASSED BY THE CITY COUNCIL this day of , 2009.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this day of
Approved as to form:
Lawrence J. Warren, City Attorney
RES:1419:9/14/09:scr
Denis Law, Mayor
2009.
2
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTH HALF OF THE NORTWEST QUARTER OF GOVERNMENT LOT 4, SECTION 5,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.
IN KING COUNTY, WASHINGTON.
EXCEPT 192ND STREET AND 102ND AVENUE SOUTHEAST:
ALSO EXCEPT THAT PORTION LYING SOUTH OF AN EXISTING FENCE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER 33.66 FEET SOUTH
OF THE NORTWEST CORNER THEROF: THENCE SOUTH 00° 22'25" WEST ALONG THE WEST LINE
OF SAID NORTHWEST QUARTER 261.46 FEET TO SAID EXISTING FENCE; THENCE ALONG SAID
FENCE SOUTH 88` 28' 15" EAST 215.76 FEET, SOUTH 88- 4751" EAST 299.07 FEET AND SOUTH
88' 12'26" EAST AND EXTENSION THEREOF 139.20 FEET TO THE EAST LINE OF SAID
NORTHWEST QUARTER OF GOVERNMENT LOT 4, AND TERMINUS OF SAID LINE.
CITY OF RENTON, WASHINGTON
ORDINANCE NO. � 9�
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT; CHAPTER 4,
CITY-WIDE PROPERTY DEVELOPMENT STANDARDS; AND CHAPTER 11,
DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO.
4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON-, TO AMEND THE REGULATIONS REGARDING SIGN PERMIT FEES,
SIGN REGULATIONS AND THE DEFINITION OF "SIGN, REAL ESTATE" BY ADDING
DEFINITIONS FOR "REAL ESTATE SIGN KIOSK" AND "REAL ESTATE SIGN KIOSK
DIRECTIONAL PANEL".
WHEREAS, the City recognizes that real estate directional signs are a means of
wayfinding for potential home buyers in Renton; and
WHEREAS, the City recognizes that these real estate directional signs are typically
located within public rights -of -way along major thoroughfares at or near key intersections and
are oriented toward automobile drivers; and
WHEREAS, due to subdivision activity some areas of the City have become particularly
notable for these signs; and
WHEREAS, the Master Builders Association of King and Snohomish Counties represents
home builders and has proposed a Real Estate Sign Kiosk Pilot Program and has proposed a Real
Estate Sign Kiosk Pilot Program as a means of providing a uniform wayfinding system
throughout the City for new housing developments; and
WHEREAS, real estate sign kiosk programs instituted by municipalities in Arizona,
California and Nevada have operated successfully for over 20 years and have reduced or
eliminated visual clutter and the signs have been used as a wayfinding system long after the
homes have been sold; and
1
ORDINANCE NO.
WHEREAS, the City seeks to set standards for real estate sign kiosks to provide a
uniform wayfinding system throughout the City for new housing developments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-1-140M.3, Temporary and Portable Signs, of Chapter 1,
Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
to read as follows:
3: TEMP'ORARY AND PORTABLE SIGNS:
Fee Amount
Real Estate Directional Signs, pursuant
$50.00 per sign, permit valid for a
to RMC 4-4-100J2
12-month period
Real Estate Sign Kiosks, pursuant to
$100.00 per sign kiosk, permit valid
RMC 4-4-J2biv
for a 12-month period
Grand Opening Event Signs, pursuant
$25.00 per site, per opening
to RMC 4-4-100J6d(1)
Event Signs, pursuant to RMC 4-4-
$15.00 per type of sign identified in
100J6d(2) and (3)
RMC 4-4-100J6b, per promotion
A -Frame Signs, pursuant to RMC 4-4-
$100.00 for the first sign and $50.00
100.15
for each additional sign, for a 12-
month period
Commercial Property Real Estate
$50.00 per sign, permit valid for a
Banner
12-month period
Decorative Flags
$50.00 per entrance, permit valid
until flag(s) removed
SECTION II. Subsection 4-4-100B.6.p, Real Estate Signs, of Chapter 4, City -Wide
Property Development Standards, of Title IV (Development Regulations), of Ordinance No. 4260
2
ORDINANCE NO.
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
to read as follows:
p. Real Estate Signs: Open house signs as described in subsection J2b(i) of this
Section and freestanding real estate signs as described in subsection J2c of this
Section.
SECTION III. Subsection 4-4-100C.9, Signs on Public Right -of -Way, of Chapter 4, City -
Wide Property Development Standards, of Title IV (Development Regulations), of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended to read as follows:
9. Signs on Public Right -of -Way: Signs on public right-of-way other than real
estate kiosk signs, temporary and portable signs allowed by subsection J of this
Section; and subsections 136b, City Sponsored Signs; 136c, City Sponsored or Co -
Sponsored Signs and Displays; 66o, Public Service Signs; 136q, Safety Information
Signs; and I, Signs on Public Right -of -Way, of this Section.
SECTION IV. Subsection a of subsection 4-4-100C.16, Real Estate Signs, of Chapter 4,
City -Wide Property Development Standards, of Title IV (Development Regulations), of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is
hereby amended to read as follows:
a. Any off -premises real estate sign, except open house, real estate directional,
and real estate sign kiosk signs.
SECTION V. Subsection 4-4-1001, Signs On the Public Right -Of -Way, of Chapter 4, City -
Wide Property Development Standards, of Title IV (Development Regulations), of Ordinance
3
ORDINANCE NO.
No. 4260 entitled "Code of general Ordinances of the City of Renton, Washington" is hereby
amended to add a new subsection 5, to read as follows:
5. Real Estate Sign Kiosks: Subject to the requirements of subsection J2 of this
Section and subject to Chapter 9-2 RMC, Excess Right -of -Way Use.
SECTION VI. Subsection 4-4-100J.2.b, Off -Premises Real Estate Signs, of Chapter 4,
City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby
amended by adding a new subsection iv, to read as follows:
iv. Real Estate Sign Kiosks:
(a) Permit Requirements: Sign and Excess Right -of -Way Use Permits
are required for installation of each kiosk. Individual real estate
sign kiosk directional panels and panel changes do not require a
permit. Fees for each kiosk shall be one hundred dollars
($100.00).
(b) Maximum Display Period: Permits for real estate sign kiosks shall
be issued for a limited period of time in twelve (12) month
increments. This period commences on November 8, 2009, and
will end sunset on November 8, 2012, unless extended by City
Council action. Permits shall not be issued beyond November 8
30, 2012, unless the maximum display period is extended by City
Council action.
4
ORDINANCE NO.
(c) Allowed Use: Real estate sign kiosk directional panels on a City
approved kiosk structure may be authorized for the purpose of
providing directional information to residential developments
with units for sale, lease, or exchange (including assisted living
developments) located only within the corporate limits of the City
of Renton.
(d) Allowable Sign Type: Kiosks shall be of a uniform style
throughout the City, shall be freestanding and non -illuminated,
and shall contain a maximum of ten (10) real estate sign kiosk
directional panels. Individual real estate sign kiosk sign directional
panels shall contain only the name of the subdivision or
residential development, or developer, or development logo, and
a logo(s) regarding an award, special certification, and a
directional arrow. Two of these real estate sign kiosk directional
panels may identify community/public facilities (city hall, library,
parks, districts, historic sites, etc.), at the discretion of the City.
One additional panel at the top of the real estate sign kiosk shall
identify the City of Renton.
(e) Permitted Size: Real estate sign kiosk directional panels shall be
five (5) square feet in total area and shall measure a maximum
five (5) feet horizontal length by one (1) foot vertical height.
5
ORDINANCE NO.
(f) Permitted Locations: Sign panels shall be located on designated
kiosk structures within the public right-of-way. If available kiosk
structures will not permit adequate directional information, kiosk
structures may be approved on private property with the
permission of the property owner granted through an easement.
A kiosk location plan shall be prepared showing the site of each
kiosk and shall be submitted to the Planning Director for review
and decision with the sign permit applications.
(g) Maximum Number Per Intersection: A maximum of two (2) real
estate sign kiosks shall be allowed at any one (1) intersection and
only one (1) sign panel per development shall be allowed on each
sign face.
(h) Maximum Height: The kiosk sign structure shall not exceed ten
(10) feet from finished grade to the top of the title panel which
identifies the City of Renton.
(i) Design Standards: Colors, fonts, etc. shall conform to design
standards approved by the Planning Director.
SECTION VII. Subsection 4-4-10012.b.ii.(g), Maximum Number Per Intersection, of
Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of
Renton, Washington" is hereby amended to read as follows:
ORDINANCE NO.
(g) Maximum Number Per Intersection: A maximum of two (2) real estate
directional signs shall be allowed at any one (1) intersection and only one (1) sign
per development shall be allowed at each intersection except that no real estate
directional signs shall be placed at intersections where an approved real estate
sign kiosk is situated.
SECTION Vill. Section 4-11-190, Definitions S, of Chapter 11, Definitions, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended so the definition of "Sign, Real Estate" is
amended to read as follows:
SIGN, REAL ESTATE: A sign advertising and/or directing individuals to the sale,
rent or lease of property.
A. Commercial Real Estate Banner Sign: A sign of any shape made of lightweight
fabric or similar material that is mounted to a building by any means, and
indicating that the property is for sale, rent, or lease. National flags, state or
municipal flags, holiday flags, or the official flag of any institution or business
shall not be considered banners.
B. Decorative Real Estate Flag: A portion of lightweight fabric or similar material,
supported by a vertical or horizontal staff, intended to flutter in the wind, and is
used to attract attention to any type of residential development for sale, rent, or
lease. National flags, state or municipal flags, holiday flags, or the official flag of
any institution or business shall not be considered banners.
7
ORDINANCE NO.
C. Freestanding Real Estate Signs: Any type of nonilluminated freestanding sign,
indicating that the property on which it is located, is for sale, rent, or lease. This
sign type includes yardarm or ground signs.
D. Open House Sign: A nonilluminated type of portable sign comprised of hinged
panels configured in the shape of the alphabetic letter "A," no larger than thirty
two inches wide by thirty six inches high (32" by 36") per each sign face. The sign
text for an open house sign contains the phrase: "open" or "for sale" or "for
rent" or "for lease."
E. Real Estate Directional Sign: Any nonilluminated type of freestanding sign that
provides direction to property(ies) for sale, rent, or lease. Within the City Center
Sign Regulation Boundaries (as shown in RMC 4-4-1001-13), real estate directional
signs may also include portable signs comprised of hinged panels configured in
the shape of the alphabetic letter "A."
F. Real Estate Sign Kiosk: A City -approved monument style sign in the public
right-of-way or on private property consolidating numerous real estate
directional signs and designed to reduce sign clutter.
G. Real Estate Sign Kiosk Directional Panel: A sign affixed within an approved
Real Estate Sign Kiosk indicating direction to various real estate developments.
SECTION IX. This ordinance is effective upon its passage, approval and thirty (30) days
after publication.
ORDINANCE NO.
ICIL this day of , 2009.
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication:
ORD:1585:9/10/09:scr
Bonnie I. Walton, City Clerk
this day of , 2009.
Denis Law, Mayor
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