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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 2/16/2016adccW11411 Mayor Suzette Cooke Council President Bill Boyce Councilmembers Jim Berrios Tina Budell Brenda Fincher Dennis Higgins Dana Ralph Les Thomas City of Kent Council MeetingAgenda February 16, 2016 This page intentionally left blank. KENT CITY COUNCIL AGENDAS February 16, 2016 Council Chambers Mayor Suzette Cooke Council President Bill Boyce Councilmember Jim Berrios Councilmember Tina Budell Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Dana Ralph Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 p.m. Subject Speaker Time 2016 Water & Sewer Rates Chad Bieren / Dave Brock 60 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent’s 125th Anniversary B. State of the County – Councilmember Reagan Dunn C. Public Recognition D. Proclamation for Dave and Pam Mortenson E. Proclamation for African American History Month F. Community Events G. Public Safety Report H. Intergovernmental Reports 5. PUBLIC HEARING 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, “Public Comments,” on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshops – Approve B. Payment of Bills – Approve C. Excused Absence for Councilmember Higgins – Approve D. Excused Absence for Councilmember Thomas – Approve (Continued) COUNCIL MEETING AGENDA CONTINUED E. Goods and Services Agreement with Environmental Coalition of South Seattle (ECOSS) for Recycling Events – Authorize F. Washington State Recreation and Conservation Office Funding Board Agreement for Downey Farmstead – Authorize G. Interlocal Agreement with the Regional Fire Authority for 72nd Avenue South – Authorize H. Traffic Control Signal System – Accept as Complete I. Budget Certification for Annexation Sales Tax Credit Resolution – Adopt J. Lodging Tax Advisory Committee Board Member Expansion Ordinance – Adopt K. Elder Care Facilities Code Amendment – Ordinance – Adopt L. Emergency Housing Code Amendment – Ordinance – Adopt M. Sunrise Meadows Final Plat – Approve N. Bandon East Final Plat – Approve O. Kent Commons Re-roofing Project – Accept as Complete 8. OTHER BUSINESS A. Ordinance Amending Kent City Code 13.05 – Fireworks – Adopt 9. BIDS A. 72nd Avenue S. Extension, S. 196th Street to S. 200th Street Project – Award B. James Street Pump Station – Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the website at KentWA.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at 253.856.5725. For TDD relay service, call the Washington Telecommunications Relay Service at 1.800.833.6388. COUNCIL WORKSHOP 1) 2016 Water & Sewer Rates, Chad Bieren / Dave Brock This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent’s 125th Anniversary B) State of the County – Councilmember Reagan Dunn C) Public Recognition D) Proclamation for Dave and Pam Mortenson PUBLIC COMMUNICATIONS CONT. E) Proclamation for African American History Month F) Community Events G) Public Safety Report H) Intergovernmental Reports PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A – 7B_ CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through O. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular council meeting of January 5, and the workshop and regular council meeting of January 19, 2016. 7B. Approval of Bills: Approval of payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 2, 2016. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/2016 Wire Transfers 6519 - 6535 $2,278,763.50 1/15/2016 Regular Checks 699978 - 700402 $2,658,531.15 Void Checks ($180.30) 1/15/2016 Use Tax Payable $2,259.55 $4,939,373.90 Approval of checks issued for payroll for January 1 through January 15 and paid on January 20, 2016: Date Check Numbers Amount 1/20/2016 Checks $0.00 Voids and Reissues 1/20/2016 Advices 359155 - 359946 $1,662,868.33 $1,662,868.33 This page intentionally left blank. Kent City Council Meeting January 5, 2016 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Ralph, Boyce, Budell, Fincher, Higgins, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF None. PUBLIC COMMUNICATIONS A. Recognition of Councilmember Deborah Ranniger. Mayor Cooke discussed former Councilmember Deborah Ranniger’s career with the City. Ranniger discussed her vision for the Council and encouraged them to work on their goal for inclusion. She stated she is also excited about the future YMCA. Council President Ralph thanked Ranniger for her work on Kent parks. Councilmember Fincher thanked Ranniger for her work in the parks and her willingness to help others and speak out when necessary. Councilmember Higgins discussed and thanked Ranniger for her service and work on the Citizens for Kent Schools Committee 20 years ago. He stated that she is one of the reasons he is a Councilmember. Councilmember Boyce thanked Ranniger for her work in the schools and parks and said he is going to miss her. Councilmember Thomas highlighted Councilmember Ranniger’s work on Town Square Plaza and stated that she was on the Council for 12 years. He noted that she has had a tremendous impact on the City and thanked her for her service. Councilmember Budell thanked Ranniger for the talks after the Council meetings. She stated that her interactions with Ranniger prior to being a councilmember were impactful and she felt as if she was heard. She noted that Ranniger was one of the reasons she ran for a seat on the Council. Mayor Cooke thanked Ranniger for her service. B. Oath of Office. Mayor Cooke swore Tina Budell into Councilmember Position No. 1, Brenda Fincher into Councilmember Position No. 6, Bill Boyce into Councilmember Position No. 7, Dana Ralph into Councilmember Position No. 5, and Les Thomas into Councilmember Position No. 3. Kent City Council Minutes January 5, 2016 2 C. Council President Election. Council President Ralph thanked the Council for trusting her to be the Council President for the past two years. Council President Ralph moved to elect Councilmember Bill Boyce to the position of Council President for 2016 and 2017, seconded by Councilmember Thomas. Councilmember Boyce accepted the nomination. A vote was taken on the motion on the table to elect Councilmember Bill Boyce as the Council President. Motion carried 6-0. Council President Boyce thanked the Council for electing him to the position and thanked former Council President Ralph for her work as the past council president. D. Council Committee Appointments. Council President Boyce announced the 2016 Councilmember appointments: Economic and Community Development Committee Chair: Councilmember Boyce, Members: Councilmembers Budell and Berrios Parks and Human Services Committee Chair: Councilmember Fincher, Members: Councilmembers Higgins and Budell Public Safety Committee Chair: Councilmember Berrios, Members: Councilmembers Ralph and Thomas Public Works Committee Chair: Councilmember Higgins, Members: Councilmembers Ralph and Fincher Operations Committee Chair: Councilmember Ralph, Members: Council President Boyce and Councilmember Thomas Council President Boyce also communicated additional appointments and named Councilmember Higgins to be the liaison to the Human Service Commission. He appointed himself to the Lodging Tax Advisory Board and the Sound Cities Association Public Issues Committee and himself, Councilmembers Higgins and Thomas to the Regional Fire Authority. Councilmember Thomas was appointed to the Firemen’s Relief and Pension Board, Councilmember Higgins to the Human Services Commission, and Councilmember Ralph on the Arts Commission. He noted that Councilmember Ralph has also been selected to represent the City on the Sound Cities Association Board. E. Historical Note from Kent’s 125th Anniversary – Mayor Cooke highlighted the historical note. She stated that the Mayor of 1890 of the Town of Kent was A.T. Van de Vanter. She stated that the Councilmembers in 1890 were William C. Faulkner, Chas E. Guiberson, Jas C. Merrifield, Robert Ramsey, and Julian Soule. She highlighted that Van de Vanter was in the Washington State Senate and then was the King County Sherriff. She discussed the City seal for licenses and issuance of them to keep an animal and run a business. She discussed Ordinance No. 13 which was adopted for the collection of a road poll tax. Kent City Council Minutes January 5, 2016 3 F. Public Recognition. Mayor Cooke wished everyone a Happy New Year and announced that Parks Commissioner Kendrick Glover has been named the Kent Person of the Year and is on the cover of the Kent Reporter. She stated that Mr. Glover is doing a great job of helping the youth in the City. 2015 Kent Turkey Challenge Winners – Jack Kay, President of Torklift discussed the diverse need of people who entered the Kent Food Bank. He thanked the businesses and leaders for their help. Katie Brown, Marketing Director explained what the Turkey Challenge was and its growth over the years. She highlighted some of the businesses that are involved. She noted that there were 73 businesses who donated this year and this year $25,173 and 8,140 pounds of food were collected. She recognized the top five businesses for this year. The fifth highest monetary amount collected was from Kent Methodist Church who collected $2,359. Pacific Power Group collected $2,522, Everly Vivian collected $3,100, and in first place was Steve’s Painting which collected $8,500. Brown announced the top five canned food item donations. In fifth place was Kent United Methodist Church which donated 350 food items. Pacific Power Group donated 583 items. Grasslake Elementary School donated 958 items. Kent Valley Hockey Association donated 972 food items and in first place was Express Employment Professionals which donated 1,644 food items. Mayor Cooke thanked Torklift for their work in giving back to the community. G. Community Events. Mayor Cooke announced that there will be a Seahawks rally on Friday at the Town Square Plaza at 1:45 p.m. and Councilmember Ralph added that the SeaGals, Blitz, and Blue Thunder will be at the event. Councilmember Ralph added that there will be a Spotlight Series acoustic guitar concert at the Kent Meridian Performance Art Center. Councilmember Ralph also added that there were 220 events at the ShoWare Center and over 410,000 people in attendance at events at the ShoWare in 2015. Additionally, it was named a top 20 “top spot” venue of similar venues throughout the United States. She added that there are Thunderbirds games coming up and the Globetrotters are here February 15 and 16. H. Economic and Community Development Report. Economic and Community Development Director Ben Wolters communicated that the City collected over $6 million in excise tax in 2015 and it was a good year. Additionally, he said that it looks like there were over $1 billion in property transactions last year. He noted that Blue Origin had a successful rocket launch and landing and are experiencing huge growth in research and development and manufacturing. He displayed a picture of the BE-4 rocket engine built at Blue Origin and said it is anticipated to be the next generation of rockets. He noted that the company is seeking to have a more public footprint and is looking to hire employees. He highlighted the Economic Development Council of Seattle-King County Forecast and that the City is a sponsor of the event. Wolters discussed Airways Brewing and that they are expanding and looking for a larger production brewery in Kent. He stated that the CenterPointe Office Park used to be a Kent City Council Minutes January 5, 2016 4 part of the Boeing Space Center and the importance of transit and shuttle services has surfaced in the area. He noted that the City is working with the businesses in that area on alternative transit services. Wolters stated that La-Z-Boy is locating its Northwest Regional Headquarters in the City and they are going to have showroom sales based on the City’s goal to have warehouses sell their products retail. He noted that Optic Gallery will occupy the space at the Platform and Café Rio Mexican Grill will open soon at the Lake Meridian Shopping Center. Wolters discussed the Meeker Underpass project and stated that the City has executed a $45,000 pigeon control contract there. He added that the City is investigating lighting at the underpass with support from the Kent Downtown Partnership and the community. He noted that work is continuing with Sound Transit to attract new development in the coming years at the Kent/Des Moines station area. I. Intergovernmental Reports. Councilmember Fincher announced that $663,000 of food system grants were awarded from the King Conservation District and there would be more grant funding available for anyone who enhances food production and distribution. Councilmember Higgins noted that the Regional Transit Committee didn’t meet in December. He noted that he was reappointed to the committee by the Sound Cities Association Board of Directors. He also stated that there will be a workshop to discuss the Metro Long Range Plan next Thursday and a Regional Transit Committee meeting on February 20 at the King County Courthouse. He noted that Councilmembers were appointed to various regional committees and stated that Councilmember Ralph was appointed to the South Caucus of the Sound Cities Association Board of Directors. Councilmember Ralph noted that the Transportation Policy Board will be meeting next Thursday concerning changes to the regional competition for federal grant money. She noted that she was confirmed to the Sound Cities Association and reappointed to the Transportation Policy Board and Regional Law Safety and Justice. She noted that she was elected as the Chair of the South County Area Transportation Board. PUBLIC HEARINGS None. PUBLIC COMMENT A. Richard Wilkinson, Kent – Wilkinson discussed the proposed ban on fireworks and read a letter he emailed to the Mayor, Councilmembers, and select City staff. B. Jeff Wagner, Kent – Wagner, on behalf of Republic Services, noted that the City will be receiving the lowest rates in King County. He stated that the City staff is stellar and gave kudos to Kelly Peterson and Gina Hungerford. CONSENT CALENDAR Kent City Council Minutes January 5, 2016 5 Council President Boyce moved to approve Consent Calendar Items A through G, seconded by Councilmember Ralph. The motion carried 6-0 and the following items were approved: A. Minutes of Previous Meetings and Workshops – The minutes of the workshop and regular Council meeting of November 17, 2015. B. Excused Absence for Councilmember Jim Berrios. An excused absence for Councilmember Berrios who was unable to attend the January 5, 2016 Council meeting was approved. C. 1st Ave Improvements Regional Mobility Grant Agreement – Approve. The Mayor was authorized to sign necessary documents to accept the Washington State Department of Transportation Regional Mobility Grant for the 1st Avenue North – West Smith Street to West James Street improvements project in the amount of $272,000 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Consultant Services Agreement with Geo Engineers, Inc. for the 228th St. Union Pacific Grade Separation Project – Authorize. The Mayor was authorized to sign a Consultant Services Agreement with GeoEngineers, Inc. in an amount not to exceed $102,180 to provide geotechnical services for the South 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Consultant Services Agreement with HDR Engineering, Inc. for the 228th St. Union Pacific Grade Separation Project – Authorize. The Mayor was authorized to sign a Consultant Services Agreement with HDR Engineering, Inc. in an amount not to exceed $625,225.08 to provide Structural Engineering services for the 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. 640 Zone Pressure Reducing Valve Stations – Accept as Complete. The Mayor was authorized to accept the 640 Zone Pressure Reducing Valve Station project as complete and release retainage to Pacific Civil & Infrastructure upon receipt of standard releases from the state and the release of any liens. G. Solid Waste Contract – Authorize. The Mayor was authorized to sign the revised Solid Waste, Recycling and Yard and Food Waste Contract with Republic Services of Kent to provide services to the City, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Councilmember Higgins communicated that a seven-year extension to the solid waste contract with Republic Services was executed in the consent calendar. He noted that Kent has the lowest rates in King County and looks forward to working with Republic in the future. Council President Boyce moved to add Richard Wilkinson’s letter as a part of the record, seconded by Councilmember Thomas. Motion carried 6-0. Kent City Council Minutes January 5, 2016 6 OTHER BUSINESS A. Consolidating Budget Adjustment Ordinance for Adjustments between October 1, 2015 and December 31, 2015 – Adopt. Finance Director Aaron BeMiller presented the budget adjustment ordinance. He stated that the Operations Committee approved the adjustments at its December 1 meeting unanimously. Councilmember Ralph moved to adopt Ordinance No. 4185, approving the consolidating budget adjustments made between October 1, 2015 and December 31, 2015 reflecting an overall budget increase of $2,577,172, seconded by Council President Boyce. Motion carried 6-0. BIDS A. Kent-Kangley Pedestrian Improvements Project - Award. Tim LaPorte, Public Works Director introduced Kelly Casteel, Public Works Design Supervisor. Casteel noted that the City received a federal grant of $416,200 in 2012 and a match amount of $425,000 will be needed to secure this grant from a City fund source, as yet undetermined by the Council. She stated that the grant consists of education, enforcement, and safety improvements. Councilmember Higgins moved to authorize the Mayor to sign all documents necessary to award the Kent-Kangley Pedestrian Improvements Project to R.W. Scott Construction Co. in the amount of $574,897.45 and to fund the project in advance in approximately equal amounts from the federal grant and the street fund with all final contract terms and conditions subject to approval by the Public Works Director and the City Attorney, seconded by Councilmember Ralph. Councilmember Higgins communicated that the funds are from the street fund and already completed LID’s and is excited to see this implemented. Councilmember Ralph expressed concerns about the education portion actually being completed. She stated that education and enforcement need to be done to prevent collisions at this location. She has asked that this be brought to the Public Safety Committee and an education plan be created. She said she is in favor of this and wasn’t in support of using B&O funds for it. Councilmember Thomas inquired as to where this improvement will be, and confirmed that it will be further east by the 7-Eleven. A vote was taken on the motion on the table to authorize the Mayor to sign all documents necessary to award the Kent-Kangley Pedestrian Improvements Project to R.W. Scott Construction Co. in the amount of $574,897.45 and to fund the project in advance in approximately equal amounts from the federal grant and the street fund with all final contract terms and conditions subject to approval by the Public Works Director and the City Attorney. Motion carried 6-0. Kent City Council Minutes January 5, 2016 7 REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Boyce deferred his report to Councilmember Ralph. She noted that there were two items on the workshop agenda. The first was a discussion on the extension of the Republic Services solid waste contract and the second item was the presentation of the 2016 Council Respect Action Plan. She explained that several years ago the City began its “Respect Program” which outlines how the City works with residents and each other. B. Mayor. Mayor Cooke announced that Joan Broom was the January employee of the month. She added that interviews begin next week to fill the Human Resource Director vacancy. She also read a letter of thanks from the Scoutmaster Ray Palmer, Jr. from Boy Scout Troop 497 from Maryland who thanked the City for the use of Van Doren Park. C. Administration. Derek Matheson, Chief Administrative Officer announced there would be an executive session concerning collective bargaining for fifteen minutes as authorized per RCW 42.30.140(4) with action taking place after it. D. Economic & Community Development Committee. Councilmember Boyce communicated that there will be a meeting on Tuesday. E. Operations Committee. Councilmember Thomas indicated that the report was in the minutes. F. Parks and Human Services Committee. No report. G. Public Safety Committee. The report is in the minutes. H. Public Works Committee. Councilmember Higgins thanked Councilmember Ralph for her work as Council President and on the Council. I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire Authority has a meeting on February 20 at Station #74. RECESS At 8:51 p.m., Mayor Cooke announced that the Council would take a three minute recess. EXECUTIVE SESSION At 8:54 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for fifteen minutes to discuss collective bargaining, per RCW 42.30.140(4). At 9:09 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. Kent City Council Minutes January 5, 2016 8 ACTION AFTER EXECUTIVE SESSION Councilmember Thomas moved to authorize the Mayor to sign all necessary documents to approve the 2016 – 2018 Collective Bargaining Unit Agreement approved and accepted by the police commanders and assistant chiefs, seconded by Councilmember Ralph. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 9:12 p.m. Ronald F. Moore, MMC City Clerk Kent City Council Workshop Minutes January 19, 2016 The workshop meeting was called to order at 5:01 p.m. by Council President Boyce. Councilmembers present: Berrios, Boyce, Budell, Fincher, Higgins, Ralph and Thomas Council President Boyce discussed and highlighted the meeting topic. Fireworks – Draft Ordinance – Assistant City Attorney Pat Fitzpatrick reviewed the proposed ordinance and how it differs from existing City law. Fitzpatrick reviewed existing Chapter 13.05.010, sale and discharge of fireworks in the Kent City Code. Councilmember Thomas confirmed that there would be no fireworks on Lake Meridian unless a permit is obtained and a licensed pyrotechnic expert was running them. Fitzpatrick continued and explained what a permit would entail. He added that the fees would be taken out and handled by the City’s fee schedule. The permit process, he said, would require a licensed pyrotechnic operator be named on the permit. Councilmember Berrios confirmed that ShoWare Center would need to have a licensed pyrotechnic operator on hand whenever fireworks are used for their shows. Fitzpatrick discussed the public display of fireworks and stated that a permit may be issued for the 4th of July Splash event, the tree lighting ceremony, and the Kent ShoWare Center, school or post-secondary education events, wedding ceremonies, and cultural events. Council deliberated on the “cultural event” language in the proposed ordinance. Councilmember Thomas stated that any event would have to be approved by the Fire Marshal and have a licensed pyrotechnic operator on hand. He further stated Lake Meridian homeowners also light fireworks. He discussed having an exemption at the three lakes in Kent to allow fireworks. Councilmember Fincher confirmed that a safety review is done when the Fire Marshal inspects prior to a fireworks permit. Fitzpatrick added that the suggested language for a licensed pyrotechnician should include having their credentials checked prior to the issuance of a fireworks permit. Councilmember Ralph noted that by adopting this ordinance, the residents on Lake Meridian are obtaining a privilege because the City would sanction the 4th of July event. Councilmember Berrios communicated that based on this, wherever you are in the City, you will need to go through a permitting process to obtain a fireworks permit. He noted some of the requirements to obtain a permit such as setbacks, etc. January 19, 2016 Kent City Council Workshop Meeting Minutes 2 Jeff Watling, Parks and Community Services Director noted that the City provides 50 percent of the funding for the fireworks show on Lake Meridian. There was further discussion on the requirements of a fireworks permit. Fitzpatrick explained that the City’s event would be allowed and individual homeowners, no matter where they lived, would need to obtain a fireworks permit. Councilmember Higgins communicated that he will vote in favor of a ban and noted that a permit is a permit. Everyone should be treated the same no matter where they live in the City. Councilmember Fincher highlighted the City sanctioned event in which the City pays half, as well as the homeowners who set off fireworks from their yards. She stated that the events from the homeowner yards would require a permit. Councilmember Thomas confirmed with Police Chief Thomas that there was only one patrol boat available and it would be difficult to enforce. Councilmember Budell confirmed with Police Chief Thomas that the officers would have a list of permits and the officers would know who was permitted. Councilmember Berrios confirmed with Police Chief Thomas that the police department could execute tickets based on complaints received on the 4th of July. Council President Boyce warned people that the City would not be peaceful and quiet if a ban is put into place. He added that the police department is already stretched and they would try the best they can to issue tickets. Councilmember Thomas noted that if this ban is put into place there will be a large drain on the police and fire department. Councilmember Budell stated that the City has always had a problem with fireworks and it has gotten progressively worse. She noted that the police know who the offenders are because they have been working on this for years. She added that they utilize intelligence-based policing, so they already have certain areas that they will focus on when a ban is in place. She said it will take time, maybe even five years, but eventually it will get better. Councilmember Thomas said a total ban doesn’t work and it will not be quiet on the 4th of July in 2017, 2018, or 2019. Council President Boyce obtained Council consensus to strike the word “high” in Section 13.05.050, line 4. Councilmember Higgins suggested determining best practices on the use of “cultural events” in the language. January 19, 2016 Kent City Council Workshop Meeting Minutes 3 Councilmember Berrios suggested leaving the language there since everyone would need to obtain a fireworks permit. Fire Chief Jon Napier, City’s Fire Marshal, communicated that the City has had permits for fireworks and there have been cultural event fireworks permits in the past where the City would regulate events. He noted that the term “cultural” really has no bearing. He noted that the safety aspect is what determines whether a permit is issued. Council President Boyce recommended replacing the cultural event language and Fitzpatrick replied that he would research and report his findings concerning the language to the Council. Fitzpatrick reviewed Section 13.05.040, formerly Reckless Discharge or Use of Fireworks and Section 13.05.050, Penalty, with the new Section 13.050.060, Violations and Penalties. He noted the fines and what would constitute a violation under this section. He also explained two more infractions that could be added to the violations section. Councilmember Ralph inquired if the property owners can be held liable for discharged fireworks debris on their property even if they did not discharge the fireworks. Fitzpatrick replied that language concerning the cleaning up of fireworks within a 48 hour period could be added. Councilmember Thomas recommended language concerning the issuance of fines for minors and Fitzpatrick noted that any person 16 and over can be fined. Councilmember Berrios verified that the language concerning the weight of all the fireworks that people have on hand would impact the fine. Councilmember Budell communicated that people have truckloads of fireworks and a fine of $250 is only a slap on the wrist for some. She suggested having a fine of $500 per device and $1,000 for people that aren’t Kent residents would certainly ensure that they don’t come to the City. Councilmember Thomas confirmed that any fireworks in excess of $250 are a fine up to $5,000. Fitzpatrick added that the real cost of a $250 fine with court fees would be $518. Additionally, he stated that there is no way to have a higher fine for someone who isn’t a resident of Kent. Fitzpatrick noted for Councilmember Thomas that a fine for commercial property owners having fireworks discharged on their property would require their knowledge of the fireworks being discharged. He noted that commercial property owners would be encouraged to take action when people are discharging fireworks on their property and would also require them to clean up their property if there was an abundance of fireworks waste left. Fitzpatrick continued with Section 13.05.070, Seizure of Fireworks. January 19, 2016 Kent City Council Workshop Meeting Minutes 4 Councilmember Budell confirmed that the evidence of fireworks can be shown through a cell phone or any video, picture, or other credible means. Council President Boyce suggested having the proposed ordinance be placed back on the Public Safety Committee agenda on February 9. Councilmember Ralph thanked the Council for having this discussion. Councilmember Berrios confirmed that the amendments to the proposed ordinance would be brought to the Public Safety Committee. Councilmember Higgins inquired about the state legislature, and Fitzpatrick noted that having the one-year wait removed would be a hard sell due ot the number of other things to be considered. Councilmember Boyce stated that there is a house bill concerning this issue and it is being considered. He gave his final comments and thanked the Council for their deliberation on this item. Meeting adjourned at 6:32 p.m. Ronald F. Moore, MMC City Clerk Kent City Council Meeting Minutes January 19, 2015 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Council President Boyce. Councilmembers present: Boyce, Berrios, Budell, Fincher, Higgins, Ralph and Thomas. Mayor Cooke absent. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Derek Matheson suggested the addition of item 4G, a Pine Tree Park Update from Parks and Community Services Director Jeff Watling and item 11B, an Executive Session per RCW 42.30.140(1)(a). PUBLIC COMMUNICATIONS A. Historical Note from Kent’s 125th Anniversary – Zachary VanTassel, Executive Director of the Greater Kent Historical Society discussed The Winter War and The Finnish Relief Fund, to include how the City of Kent raised money to assist Finland in their national fund raising effort. B. Public Recognition – None. C. Reappointment to the Land Use and Planning Board – Frank Cornelius, Jr., stated that he has been on the board for three years and this is his first reappointment. He added that he is happy to continue on the board. D. Community Events – Council President Boyce announced that the ShoWare Center has just been ranked as a top 20 entertainment venue in the United States as compared to like venues based on ticket sales. He noted that the Kent School District Technology Expo begins this Thursday, January 21 and the Tacoma Stars play on January 22. The Thunderbirds play on January 23 and the Les Schwab Kent High School Basketball Shootout is January 28. Continuing, he said the Washington First Robotics LEGO League and Technology Challenge State Championship Fair is on January 30 at 9 am at the ShoWare Center. Additionally, the Harlem Globetrotters will be at the ShoWare on February 12. He encouraged the public to attend. Councilmember Fincher noted that a Kent Green Stewards work party will be held on January 30 at Lake Fenwick Park. Councilmember Ralph announced that January 29 is International Guitar Night at the Kent-Meridian Performance Arts Center. She noted that there is a show called Antics: Sneaker Suites, an urban dance performance by a hip hop dance theater company, which will be held on Friday, February 5 at the Kent-Meridian Performing Arts Center. Councilmember Thomas communicated that Ms. Blessing had her 98th birthday on Wednesday and works at the St. James Thrift Store twice a week. Kent City Council Meeting Minutes January 19, 2016 2 E. Public Safety Report – Police Chief Ken Thomas highlighted that the police department received a $33,000 grant for enforcement and public education/outreach. He noted that it is utilized to lower accidents and the program has been running for the past two months. He reviewed the City’s crime rates statistics. Officer Gunderson, Hale, and Stansfield were presented the Chief’s Lifesaving Award for their actions in the line of duty. He noted that this is Officer Stansfield’s second Lifesaving Award. Chief Thomas introduced his new employee, Executive Assistant Jalene King. F. Intergovernmental Reports – Council President Boyce noted that the Sound Cities Association Public Issues Committee met last week and Best Starts for Kids was reviewed. He added that the Puget Sound Emergency Radio Network was also discussed and Motorola stated that 38 of the 42 towers have problems, which would move the timeline back. Councilmember Higgins noted that the Regional Transit Committee had an orientation meeting. He stated that tomorrow Sound Transit III will be presented to them. Councilmember Ralph highlighted her Transportation Policy Board and their acceptance of the comprehensive plans of Kirkland, Lake Stevens, Marysville, Medina, Mukilteo, and Kent. She noted that they are considering changes to the project selection criteria that Puget Sound Regional Council issues grant money for transportation projects. She noted a drop to the amount in preservation dollars. She concluded that the South County Area Transportation Board heard a presentation from Chad Bieren, City Engineer on the 228th grade separation. Councilmember Fincher noted that the King Conservation District will meet tomorrow and announced that the food distribution grant funds are available to those working to enhance the areas food network. G. Pine Tree Park Update – Jeff Watling, Parks and Cultural Services Director communicated the process and gave a brief update of the assessment done, as directed by the City Council, on the City’s parks. He noted that after the assessment, four parks were identified as for sale due to lack of use. These areas identified in that process were the Old Fire Station property, a remnant parcel on East Hill Park, the former Resource Center Building, and Pine Tree Park. He noted that the area has been developed over the past forty plus years. Due to this, the service area of Pine Tree Park has been greatly reduced and the development cost of the property has increased. He also explained that the creation of the 277th corridor created a “hard edge” and there are road access and utility challenges to this property. He noted that with a smaller service area the return on that investment, along with the increased development costs, would cause this to be a hard investment. He noted that the Forward Thrust agreement allows the City to sell the property and the Prosecuting Attorney’s Office has confirmed that the sale can occur if the intended use is relocated elsewhere in the City. He noted that an offer has been received from Oakpointe and a purchase and sale agreement was brought to and approved by the Council in September with the sale completed in the spring. He noted that the proceeds from the sale are to be reinvested into the parks system and that is the intent. The parks sustainability issues are real, he communicated, and some hard decisions have been Kent City Council Meeting Minutes January 19, 2016 3 made concerning assets being fenced off, sold, and surplused in order to preserve the entire parks system. Councilmember Thomas confirmed that the proceeds can be used on the pool or any park. Councilmember Berrios inquired if a portion of the park can be preserved for a kid’s playarea and Watling replied that a portion will be reserved for a recreation area and the trail will be kept. Councilmember Berrios added that the area needs a lot of work. PUBLIC HEARING No public hearing. PUBLIC COMMENT 1. Kristy Herrick, Kent – Herrick communicated that she disagreed with Parks and Cultural Services Director Watling and read from a King County resolution concerning the Pine Tree Park. She explained several issues with the property being sold. 2. Cathy Vomenici, Kent – Vomenici noted that the sale of Pine Tree Park for development sets a dangerous precedence for the City and its voters. She added that the sale of public assets like the park can’t solve budget woes, and inquired how much the City is getting in Section 8 grants for this sale. She noted that the sale is just not worth it and expressed concerns with the sale. 3. Traci Dysart, Kent – Dysart stated that the City’s vision is for open space and noted that keeping the park aligns itself with that. She stated that selling this park to be developed into an apartment is wrong and mentioned that housing will be there with no place to walk dogs. She said that the City doesn’t notify residents who will be affected by issues in the neighborhood. She noted that the sign was placed on January 6 and the public comment period had already passed. 4. Ric Herrick, Kent – Herrick communicated that the Council changed the zoning some time ago so that the residents are allowed five acre lots. He stated that many people walk through the park and use it as a gateway to the river. He noted that people park their vehicles by the school and walk to the park. He said traffic will be worse when the apartments are built. 5. Mary Personette, Kent – Personette thanked the Council for their work on the fireworks, especially Councilmember Berrios. She discussed the history of the issue and highlighted specific housing densities in her neighborhood. She stated there needs to be a ban in Kent because people from outside of the city come here to shoot off fireworks. She spoke against having a pyrotechnician hired prior to being issuing a fireworks permit and reiterated the need to ban fireworks. She stated that she doesn’t feel having a ban will stop them overnight, it will take time and allow for the problem areas to be addressed in the City. Kent City Council Meeting Minutes January 19, 2016 4 6. Leroy Stevenson, Covington – Stevenson highlighted the cost of the Regional Fire Authority (RFA) to individuals and that his family’s cost has gone up 35 percent this year. He said the RFA hasn’t fulfilled their promises to reduce costs to residents and have businesses pay more. He noted that there aren’t fewer employees in the RFA and we are four months away to vote for a fire benefit charge. He noted that the charge isn’t applied fairly and there is a tax that no one can understand. He stated that the taxpayers need a consistent tax amount on their tax roll. He noted that they adjust fees to pay for their increased budget. Council President Boyce noted that there is a RFA meeting tomorrow at Station #78 at 5:30 p.m. Councilmember Thomas noted that the rates for most residents went down and commercial rates were increased. He added that the process is equitable and a lot of work goes into the budget. 7. Sharon Gehring, Kent – Gehring urged the Council to pass the fireworks ban. She noted that the advisory vote passed by a majority vote of the Kent residents and urged the Council to adopt at the will of its residents. 8. Patricia Roemmich, Kent – Roemmich urged the Council to pass the fireworks ordinance. She noted that the fireworks are louder and she has to patrol her house to put out fires that have occurred in the past. She said she has previously called 911, and this year her neighbor’s car was damaged and a citation was issued. She communicated an incident that occurred in 2014 with debris falling on her house. 9. Far Ghoddoussi, Kent – Ghoddoussi thanked Council President Boyce for having the land use issue placed on the Economic and Community Development Committee agenda. He noted that Assistant City Attorney David Galazin presented three options at the meeting and he is in favor of all three of them. 10. Jacob Dreifus, Kent – Dreifus discussed homelessness in the City. He noted that there are over 500 children in the Kent School District listed as homeless. He inquired why more isn’t done and said it is unacceptable. He voiced his concern on homelessness in the country and in the City. 11. Karen Gower, Tacoma – Gower stated that Auburn doesn’t have a fireworks ban and anything the Council does won’t affect illegal fireworks. She discussed the public display on Lake Meridian. She suggested the City to consider a ban of fireworks all but two hours, 9pm – 11pm, on July 4. She also discussed banning sales for a certain amount of days. CONSENT CALENDAR Councilmember Ralph moved to approve Consent Calendar items A through H, seconded by Councilmember Thomas. Motion carried 7-0. Kent City Council Meeting Minutes January 19, 2016 5 A. Approval of the Minutes – Approve. The minutes of the workshop and regular council meeting of December 8, 2015, the special meeting of December 15, 2015 and the workshop of January 5, 2016. B. Approval of Bills – Approve. Bills received through December 15 and paid on November 30 and December 15 after auditing by the Operations Committee on January 5, 2016. C. W. Gowe Street – 4th Ave S. to 6th Ave. S. Drainage – Accept as Complete. The Mayor was authorized to accept the W. Gowe St. – 4th Ave S. to 6th Ave. S. Drainage project as complete and release retainage to R. L. Alia Company upon receipt of standard releases from the state and the release of any liens. D. Agreement with Puget Sound Energy for South 228th Street Project – Approve. The Mayor was authorized to sign an Engineering Services Agreement with Puget Sound Energy in an amount not to exceed $208,510 to provide Engineering services for the relocation of their transmission facilities for the South 228th Street Union Pacific Grade Separation project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Council Respect Action Plan – Adopt. The Council adopted the Council Respect Action Plan as presented, discussed and approved at Council Workshop on January 5, 2016. F. Park and Open Space Comprehensive Plan Amendment – Resolution – Adopt. Resolution No. 1919 was adopted, declaring an emergency to pursue an amendment to the Kent Comprehensive Plan to incorporate the Park Plan. G. Code Enforcement Abatement Liens – Ordinance – Adopt. Ordinance No. 4186 was adopted, amending the Kent City Code to repeal the City’s adoption of the Uniform Code for the Abatement of Dangerous Buildings, and adopting a new chapter 14.02, entitled “Unfit Dwellings, Buildings, and Structures” to create an additional enforcement tool for code violations involving unfit dwellings, buildings, and structures. H. Reappointment to the Land Use and Planning Board - Confirm. The council confirmed the reappointment of Frank Cornelius, Jr., to the Land Use & Planning Board for an additional three-year term. OTHER BUSINESS None. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES Kent City Council Meeting Minutes January 19, 2016 6 A. Council President. – Council President Boyce noted that the subject of the workshop was fireworks. He communicated that each section of the proposed ordinance was discussed and reviewed. He added that the Council isn’t questioning the ban of fireworks, it is ensuring the ordinance is easy to read and can be easily followed. B. Mayor. – None. C. Chief Administrative Officer. – Chief Administrative Officer Derek Matheson noted that six candidates were interviewed for the vacant Human Resource Director position. He added that a letter applauding the efforts of the Public Works Department was received by the Mayor. He added that the CAO report is in the packet and there is an executive session for potential litigation and collective bargaining with no action anticipated. D. Economic & Community Development Committee. – In the minutes. E. Operations Committee. – Councilmember Ralph discussed the implementation of a new full-time employee in the Law Department. She added that a limited-term full- time benefited attorney position will be added to the department. F. Parks and Human Services Committee. – Councilmember Fincher noted that the Parks and Open Space Plan was reviewed. She added that Scotch and Vine is opening a restaurant at the Riverbend Complex. She also noted that a presentation will be given at their next Committee meeting concerning Human Trafficking. G. Public Safety Committee. – Councilmember Berrios noted that the next meeting of the committee will be February 9 and the fireworks ban amendments will be discussed. H. Public Works Committee. – In the minutes. I. Regional Fire Authority. – Councilmember Thomas noted that the RFA meeting is tomorrow night at 5:30 p.m. at Station #74. EXECUTIVE SESSION A. Potential Litigation, as per RCW 42.30.110(1)(i) and Collective Bargaining, as per RCW 42.30.140(4). At 8:20 p.m., Council President Boyce announced that the Council would recess into an executive session for Potential Litigation as per RCW 42.30.110(1)(i) and Collective Bargaining as per 42.30.140(4) for a period of twenty minutes. At 8:40 p.m., Council President Boyce announced that the executive session would be extended for an additional twenty minutes. At 9:00 p.m., Council President Boyce reconvened the regular meeting. Kent City Council Meeting Minutes January 19, 2016 7 ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 9:01 p.m. Ronald F. Moore, MMC City Clerk This page intentionally left blank. Agenda Item: Consent Calendar – 7C_ TO: City Council DATE: February 16, 2016 SUBJECT: Excused Absence for Councilmember Higgins – Approve SUMMARY: Councilmember Higgins is unable to attend the City Council meeting of February 16, 2016. RECOMMENDED BY: Council President Boyce YEA: N/A NAY: N/A BUDGET IMPACTS: N/A MOTION: Approve an excused absence for Councilmember Higgins as he was unable to attend the City Council meeting of February 16, 2016. This page intentionally left blank. Agenda Item: Consent Calendar – 7D_ TO: City Council DATE: February 16, 2016 SUBJECT: Excused Absence for Councilmember Thomas – Approve SUMMARY: Councilmember Thomas is unable to attend the City Council meeting of February 16, 2016. RECOMMENDED BY: Council President Boyce YEA: N/A NAY: N/A BUDGET IMPACTS: N/A MOTION: Approve an excused absence for Councilmember Thomas as he was unable to attend the City Council meeting of February 16, 2016. This page intentionally left blank. Agenda Item: Consent Calendar – 7E_ TO: City Council DATE: February 16, 2016 SUBJECT: Goods and Services Agreement with Environmental Coalition of South Seattle (ECOSS) for Recycling Events – Authorize SUMMARY: The Recycling Contract with Environmental Coalition of South Seattle (ECOSS) provides assistance in overseeing three popular recycling events, and with outreach to businesses and to multi-family complexes to help reduce waste and increase recycling in Kent. EXHIBITS: Goods and Services Agreement with Environmental Coalition of South Seattle RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: N/A BUDGET IMPACTS: The various activities and labor addressed by the Recycling Contract will be funded in full by Ecology’s Coordinated Prevention grant, King County’s Waste Reduction and Recycling grant, and the Local Hazardous Waste Management Program grant. MOTION: Authorize the Mayor to sign the Consultant Services Agreement with ECOSS for Waste Reduction and Recycling Activities and Programs for 2016 in the amount of $73,525, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. This page intentionally left blank. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Environmental Coalition of South Seattle THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Environmental Coalition of South Seattle organized under the laws of the State of Washington, located and doing business at 605 S. Riverside Drive, Seattle, WA 98108, Phone: (206) 767-0432, Contact: Stephen Reilly (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall assist with the City's 2016 Recycling Program. This includes free recycling events, compost/worm bin sales, business outhreach, and multi-family outreach. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Seventy Three Thousand, Five Hundred Twenty Five Dollars ($73,525.00), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be paid after execution of agreement and submittal of invoice for services provided. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Suzette Cooke Its Mayor DATE: NOTICES TO BE SENT TO: VENDOR: Stephen Reilly Environmental Coalition of South Seattle 605 S. Riverside Dr. Seattle, WA 98108 (206) 767-0432 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ECOSS - Recycling/Hungerford EEO COMPLIANCE DOCUMENTS - 1 of 3 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EXHIBIT A EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $4,000,000 general aggregate. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’s insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it. 2. The Consultant’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant’s Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Agenda Item: Consent Calendar – 7F_ TO: City Council DATE: February 16, 2016 SUBJECT: Washington State Recreation and Conservation Office Funding Board Agreement for Downey Farmstead – Authorize SUMMARY: The Downey Farmstead project was previously funded for final design and permitting. This grant in the amount of $859,173 will provide additional funding for the first phase of the project, relocating Frager Road from the river’s edge to the southern property boundary, adjacent to SR 516, to maximize the site to allow future creation of the side channel network and expanded floodplain. The road relocation is scheduled to begin in 2017. EXHIBITS: Downey Farmstead – Frager Road Relocation RCO Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: The Washington State Recreation and Conservation Office (RCO) grant provides $859,173 for relocation of Frager Road on the Downey Farmstead project site. The match consists of grant funding from King County Cooperative Watershed Management Grant in the amount of $106,227 and City matching funds of $52,946 for project management. The City share will be paid for using storm utility fees. MOTION: Authorize the Mayor sign the Washington State Recreation and Conservation Office (RCO) funding board project agreement in the amount of $859,173 for the Downey Farmstead – Frager Road Relocation project, direct staff to accept the grant and establish a budget for the funds to be spent within the Downey Farmstead project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Funding Board Project Agreement City of Kent 15-1240R Project Sponsor: Project Number: 12/9/2015 Approval Date: Downey Farmstead - Frager Rd Relocation Project Title: PARTIES OF THE AGREEMENT A. This Project Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB or funding board) and Salmon Recovery Funding Board (SRFB or funding board) and the Recreation and Conservation Office, P.O. Box 40917, Olympia, Washington 98504-0917 and City of Kent (sponsor), 220 Fourth Ave S, Kent, WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties. The sponsor's Data Universal Numbering System (DUNS) Number is 91-6001254. This Agreement sets out the terms and conditions by which a grant is made from the General Fund - Federal and State Building Construction Account of the State of Washington. The grant is administered by the Recreation and C onservation Office (RCO) to the sponsor for the project named above per the director’s authority granted in RCW 79A.25.020. B. PURPOSE OF AGREEMENT C. DESCRIPTION OF PROJECT City of Kent will complete the first phase of the Downy Farmstead restoration project by relocating Frager Road away from the Green River to make room for future creation of a side channel network and expanded floodplain. The new road alignment will provide a greater buffer/setback from the river. A six car parking l ot will be constructed at the Old Fishing Hole (downstream) to replace the existing parking area. After the road is relocated, the city will apply for additional funding to complete the restoration project and enhance river processes by constructing a side channel and reconnecting floodplain on the left bank of the Green River between river mile (RM) 21.5 and RM 22.3. The site was previously acquired by the City of Kent and when full restoration is completed, the project will provide rearing and refuge habitat for juvenile salmon throughout most of the year, particularly juvenile Chinook salmon. Additional fish species present at the site and expected to utilize the project area are bull trout, Chum, Coho, Cutthroat, Pink, winter Steelhead, Pacific and River Lamprey. Enhancing habitat to improve juvenile salmonid rearing, lifestage diversity, and productivity is a priority in the Green River watershed. A secondary goal of the project is to create additional flood storag e and to help alleviate flood damages in urban and agricultural areas in the project vicinity. The project final design was completed 12/31/13, Project #11-1219 and includes final docs and reports. The period of performance begins on December 9, 2015 (project start date) and ends on June 30, 2019 (project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by writ ten amendment or addendum to this Agreement or specifically provided for by WAC Titles 286, 420; or RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement. The sponsor must request extensions of the period of performance at least 60 days before the project end date. The sponsor has obligations beyond this period of performance as described in Section E: On-going Obligations. D. PERIOD OF PERFORMANCE E. ON-GOING OBLIGATIONS For this restoration project, the sponsor’s on-going obligations shall be for a minimum of ten (10) years, or more as specific in the Landowner Agreement, after the final payment and shall survive the completion/termination of this Project Agreement unless otherwise identified in the Agreement or as approved by the funding board. The total grant award provided by the funding board for this project shall not exceed $700,000.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board ’s percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the sponsor shall be as indicated below: F. PROJECT FUNDING Page 1 of 29 RCO 15-1240R 18.53% Project Sponsor $159,173.00 Total Project Cost $859,173.00 100.00% G. FEDERAL FUND INFORMATION This project is match to the following federal funding source(s) and the same provisions apply as if this project were funded by the federal funding source(s) as a federal subaward: Federal Agency: US Environmental Protection Agency Catalog of Federal Domestic Assistance Number and Name: 66.123 - PSP Federal Award Identification Number: PC-00J32101 Federal Fiscal Year: 2011 Federal Award Date: 12/29/2010 Total Federal Award: $12,269,999 Federal Award Project Description: Technical Investigations and Implementation Assistance Program Sponsor's Indirect Cost Rate: 0.00% of all costs for this agreement If federal funding information is included in this section, this Agreement is funded by a federal subaward from a portion of the total federal award. This funding is not research and development (R & D). If the sponsor's total federal expenditures are $750,000 or more during the sponsor's fiscal -year, the sponsor is required to have a federal single audit conducted for that year in compli ance with 2 C.F.R. Part 200, Sub Part F - Audit Requirements, Section 500 (2013). The sponsor must provide a copy of the final audit report to RCO within nine months of the end of the sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit; further the RCO reserves the right to suspend any RCO Agreements with the sponsor if such noncompliance is n ot promptly cured. All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in t he sponsor’s application and the project summary under which the Agreement has been approved as well as document s produced in the course of administering the Agreement, including the eligible scope activities and milestones report incorporated herein by reference. Provided, to the extent that information contained in such documents is inconsistent with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission. This “Agreement” as used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definition of the Standard Terms and Conditions. H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing and signed by both parties. Except, extensions of the period of performance and minor scope adjustments need only be signed by RCO’s director or designee, unless the consent of the sponsor to an extension is required by its auditing policies, regulations, or legal requirements, in which case, no extension shall be effective until so consented. I. AMENDMENTS MUST BE SIGNED IN WRITING This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including any applicable Clean Water Act: Section 320, 40 C.F.R. parts 31 and 35 subpart P, RCW 77.85, WAC 420 and RCFB and/or SRFB policies published in RCO manuals as of the effective date of this ag reement, all of which are incorporated herein by this reference as if fully set forth. J. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES K. SPECIAL CONDITIONS Page 2 of 29 RCO 15-1240R SRFB - Puget Sound Acq. & Restoration SRFB - Salmon State Projects 43.37% 38.10% Percentage $372,647.00 $327,353.00 Dollar Amount Source of Funding State State Cultural Resources This project is subject to the National Historic Preservation Act, Section 106, and therefore appears to be exempt from Governor’s Executive Order 05-05 Archaeological and Cultural Resources (EO 05-05) as described in Section 9 of this project agreement. In order for this project to be exempt from EO 05-05, the Section 106 Area of Potential Effect (APE) must include all ground-disturbing activities subject to this project agreement, including the restoration staging area. The sponsor is encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to this project agreement. If the APE does not include all ground-disturbing activities subject to this project agreement, promptly notify the RCO grant manager, as this will require RCO to initiate cultural resources consultation following EO 05-05 for those activities not included in the federal APE. Completion of this consultation and a Notice to Proceed from RCO will be require d before these ground-disturbing activities can begin. Construction Design Deliverables: This project began with SRFB project number 02-1601 that afforded property acquisition. The feasibility study and preliminary design was completed with funding from project number 08-1659 and final design was completed through project 11-1219. The project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 Appendix D -4 "Construction and "Design Build" Deliverables" which requires as -built design documents be provided post-construction. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: Project Contact 220 Fourth Ave S Kent, WA 98032-5895 Address: Environmental Engineering Mgr Title: Michael Mactutis Name: Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 L. SRFB Recreation and Conservation Office mmactutis@KentWA.gov Email: These addresses shall be effective until receipt by one party from the other of a written notice of any change. M. ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. N. EFFECTIVE DATE This Agreement, for project 15-1240R, shall be subject to the written approval of the RCO’s authorized representative and shall not be effective and binding until the date signed by both the sponsor and the RCO, whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D: Period of Performance are allowed only when this Agreement is fully executed and an original is received by RCO. Page 3 of 29 RCO 15-1240R Assistant Attorney General By: Title: Date: Pre-approved as to form: By: /s/ Name: (printed) State of Washington, Recreation Conservation Office On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) and Salmon Recovery Funding Board (SRFB or funding board) Date: By: Kaleen Cottingham Director Recreation and Conservation Office Date: The sponsor has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement. The signators listed below represent and warrant their authority to bind the parties to this Agreement. July 20, 2015 City of Kent Page 4 of 29 RCO 15-1240R Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS………………………………………………….... 7 SECTION 2. PERFORMANCE BY THE SPONSOR…………………………………………………………….. SECTION 3. ASSIGNMENT………………………………………………………………………………………... SECTION 4. RESPONSIBILITY FOR PROJECT………………………………………………………………... SECTION 5. INDEMNIFICATION………………………………………………………………………………….. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR……………………………………………...... SECTION 7. CONFLICT OF INTEREST………………………………………………………………………….. SECTION 8. COMPLIANCE WITH APPLICABLE LAW………………………………………………………... SECTION 9. RECORDS…………………………………………………………………………………………….. SECTION 10. PROJECT FUNDING………………………………………………………………………………... SECTION 11. PROJECT REIMBURSEMENTS…………………………………………………………………... SECTION 12. ADVANCE PAYMENTS……………………………………………………………………………... SECTION 13. RECOVERY OF PAYMENTS……………………………………………………………………..... SECTION 14. COVENANT AGAINST CONTINGENT FEES……………………………………………………. SECTION 15. INCOME AND USE OF INCOME…………………………………………………………………... SECTION 16. PROCUREMENT REQUIREMENTS………………………………………………………………. SECTION 17. TREATMENT OF EQUIPMENT……………………………………………………………………. SECTION 18. RIGHT OF INSPECTION……………………………………………………………………………. SECTION 19. STEWARDSHIP AND MONITORING……………………………………………………………... SECTION 20. PREFERENCES FOR RESIDENTS……………………………………………………………...... SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION PROJECTS………………………………………………………………………. SECTION 21. ACKNOWLEDGMENT AND SIGNS……………………………………………………………….. SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS……………………………………... SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES……………………………………………………………………………………....... SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS.. SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS…..... 9 9 8 8 8 8 10 13 9 10 11 11 12 12 12 13 13 13 13 14 14 15 15 16 12 Page 5 of 29 RCO 15-1240R SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY…………………………………………… SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY………………………………………………………………………………………………….. SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY……. SECTION 30. PROVISIONS FOR FARMLAND PRESERV ATION ACCOUNT PROJECTS ONLY………... SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY………... SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY…………………………………………………………………………………………………... SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND MARINE SHORELINE PROTECTION PROJECTS ONLY…………………………………...... SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA PROJECTS ONLY………………………………………………………………………………....... SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY………………………………………………………………………………………………….. SECTION 36. ORDER OF PRECEDENCE………………………………………………………………………... SECTION 37. AMENDMENTS………………………………………………………………………………………. SECTION 38. LIMITATION OF AUTHORITY……………………………………………………………………… SECTION 39. WAIVER OF DEFAULT……………………………………………………………………………... SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH…………………………………………………………………………………………….... SECTION 41. SPECIFIC PERFORMANCE………………………………………………………………………... SECTION 42. TERMINATION……………………………………………………………………………………….. SECTION 43. DISPUTE HEARING…………………………………………………………………………………. SECTION 44. ATTORNEYS’ FEES………………………………………………………………………………… SECTION 45. GOVERNING LAW/VENUE……………………………………………………………………….... SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR…………………………………………………………………………………….... SECTION 47. SEVERABILITY………………………………………………………………………………………. 16 18 18 18 18 19 21 25 25 27 27 27 27 27 28 28 28 28 29 29 28 Page 6 of 29 RCO 15-1240R 15-1240R Standard Terms and Conditions of the Project Agreement City of Kent Project Number: Project Sponsor: 12/9/2015 Approval Date: Downey Farmstead - Frager Rd Relocation Project Title: SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisio ns in the future. B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: acquisition project - A project that purchases or receives a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. Agreement or Project Agreement - The document entitled “Project Agreement” accepted by all parties to the present transaction, including without limitation these Standard Terms and Conditions, all attachments, addendums, and amendments, and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any l imitations on their effect. applicant - Any party that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of f unds from the funding board. application - The documents and other materials that an applicant submits to the RCO to support the applicant’s request for grant funds; this includes materials required for the “Application” in the RCO’s automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts. C.F.R. - Code of Federal Regulations contractor - An entity that receives a contract from a sponsor. A contract is a legal instrument by which a non -Federal entity (sponsor) purchases property or services to carry out the project or program under a Federal award. A contractor is not the same as the sponsor or subrecipient. A contract is for the purpose of obtaining goods and services for the non -Federal entity's (sponsor’s) own use and creates a procurement relationship with the contractor (2 C.F.R § 200.23 (2013)). development project - A project that results in the construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation resources. director - The chief executive officer of the Recreation and Conservation Office or that person’s designee. education project - A project that provides information, education, and outreach programs for the b enefit of outdoor recreationists. education and enforcement project - A project that provides information, education, and outreach programs; encourages responsible recreational behavior, and may provide law enforcement for the benefit of outdoor recreationists. equipment - Tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or $5,000 (2 C.F.R. § 200.33 (2013)). funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. indirect cost - Costs incurred for a common or joint purpose benefitting more than one cost objective, and not readily assignable to the cost objectives specifically benefitted, without effort disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)). landowner agreement - An agreement that is required between a sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor. maintenance project - A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreationists. maintenance and operation project - A project that maintains existing areas and facilities through repairs, upkeep, and routine servicing for the benefit of outdoor recreationists. match or matching share - The portion of the total project cost provided by the sponsor. milestone - An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. pass-through entity - A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of performance - The time during which the sponsor may incur new obligations to carry out the work authorized under this this Agreement (2 C.F.R. § 200.77 (2013)). planning (RCFB projects only) - A project that results in one or more of the following: a study, a plan, construction plans and specifications, and permits to increase the availability of outdoor recreational resources. planning (SRFB projects only) - A project that results in a study, assessment, project design, or inventory. pre-agreement cost - A project cost incurred before the period of performance. Page 7 of 29 RCO 15-1240R project - An undertaking that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. project cost - The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions (2 C.F.R. § 200.83 (2013)). RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - RCO’s payment of funds from eligible and allowable costs that have already been paid by the sponsor pe r the terms of the Agreement. renovation project - A project intended to improve an existing site or structure in order to increase its useful service life beyond original expectations or functions. This does not include maintenance activities to maintai n the facility for its originally expected useful service life. restoration project - A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW - Revised Code of Washington RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor - one of two or more eligible organizations that sponsors a grant-funded project. Of these two sponsors, only one - the primary sponsor - may be the fiscal agent. sponsor or primary sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees, agents and successors. For projects funded with federal money, the sponsor is a subrecipient, which is a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200. 93 (2013)). subaward - An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreeme nt, including an agreement that the pass-through entity considers a contract (2 C.F.R. § 200.92 (2013)). A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a Federal subaward, the subaward amount is the grant program amount in Section F: Project Funding. subrecipient - Subrecipient means a non-Federal entity that receives a subaward from a pass -through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recip ient of other Federal awards directly from a Federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a Federal subaward, the sponsor is the subrecipient. WAC - Washington Administrative Code. The sponsor and secondary sponsor where applicable, shall undertake the project as described in this Agreement, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fully set fort h herein. Also see Section 36: Order of Precedence. Timely completion of the project and submission of required documents, including progress and final reports, is important. Fa ilure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. SECTION 2. PERFORMANCE BY THE SPONSOR Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without p rior written consent of the RCO. SECTION 3. ASSIGNMENT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, th e project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the project i s solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post -completion stewardship responsibilities. SECTION 4. RESPONSIBILITY FOR PROJECT The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suit s at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach o f any obligation under this Agreement by, the sponsor or the sponsor’s agents, employees, contractors, subcontractors, or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State fro m claims, demands or suits based solely upon the negligence of the State, its employees and agents for whom the State is vicariousl y liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor’s SECTION 5. INDEMNIFICATION Page 8 of 29 RCO 15-1240R agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its employees and agents for whom it is vicariously liable, the indemnity obligation shall be valid and enforceable onl y to the extent of the sponsor’s negligence or the negligence of the sponsor’s agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement betw een sponsor and any contractors, subcontractors and vendors, of any tier. The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands , or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the sponsor or the sponsor’s agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable, in performance of th e Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, informat ion or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement; provided that this in demnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use o f trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State’s, its agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to State, its agents, offi cers and employees by the sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor’s own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state indu strial insurance law, RCW Title 51. The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government. The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, no r will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by f ederal, state, and/or local laws. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by writte n notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation o f the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the sam e remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor. The rights and remedies of RCO provided for in this cl ause shall not be exclusive and are in addition to any other rights and remedies provided by l aw or this Agreement. SECTION 7. CONFLICT OF INTEREST The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO an d funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, st ate, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Administration/Washington Industrial Safety and Health Act); and Buy American Act. SECTION 8. COMPLIANCE WITH APPLICABLE LAW Nondiscrimination Laws. The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the e vent of the sponsor’s noncompliance or refusal to comply with any nondiscriminati on law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. T he sponsor is responsible for any and all costs or liability arising from the sponsor’s failure to so comply with applicable law. A. Wages and Job Safety. The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States a nd the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in t he performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040. The sponsor also agrees to comply with the provisions of the rules and reg ulations of the Washington State Department of Labor and Industries. B. Page 9 of 29 RCO 15-1240R Archaeological and Cultural Resources. The RCO facilitates the review of applicable projects for potential impacts to archaeo logical sites and state cultural resources. The sponsor must assist RCO in compliance with Executive Order 05-05 or the National Historic Preservation Act before initiating ground-disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. If a federal agency declines to consult, the sponsor shall comply with the requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes ’ cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity, work in the loc ation of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the co ncerned Tribe’s cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expedit ious manner possible according to RCW 68.50. C. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pam phlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting fo r such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. D. Debarment and Certification. By signing the Agreement with RCO, the sponsor certifies that neither it n or its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the spon sor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the “Contractors not Allowed to Bid on Public Works Projects ” list. E. SECTION 9. RECORDS Maintenance. The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficie ntly and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years from the date RCO deems the project complete, as defined in Section 11: Project Reimburseme nts. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. A. Access to Records and Data. At no additional cost, the records relating to the Agree ment, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement. This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the spons or’s reports, including computer models and methodology for thos e models. B. Public Records. Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this Agreement and any records s ponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and 420-04. Additionally, in compliance with RCW 77.85.130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to th e state sponsor understands that the State may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56. The sponsor wa rrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws. The sponsor hereby agrees to release the State from any claims arising out of allowing such review or co pying pursuant to a public records act request, and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state’s defense of such claims. C. SECTION 10. PROJECT FUNDING Authority. This agreement is funded through a grant award from the recreation and conservat ion funding board per WAC 286-13-050 and/or the salmon recovery funding board per WAC 420-04-050. The director of RCO enters into this agreement per delegated authority in RCW 79A.25.020 and 77.85.120. A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by writ ten amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the project start date shall be elig ible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. Requirements for Federal Subawards. Pre-agreements costs before the federal award date in Section F: Project Funding are ineligible unless approved by the federal award agency (2 C.F.R § 200.458 (2013)). D. Page 10 of 29 RCO 15-1240R After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be el igible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. E. Retainage Held Until Project Complete. RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. All approved or required activities outlined in the Agreement are done; 2. On-site signs are in place (if applicable); 3. A final project report is submitted to and accepted by RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; 7. Final amendments have been processed; and 8. Fiscal transactions are complete. 9. RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future. D. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. C. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286 -13 and/or 420-12. The sponsors may only request reimbursement for eligible and allowable costs incurred during the period of performance. The sponsor may only r equest reimbursement after (1) this Agreement has been fully executed and (2) the sponsor has remitted payment to its vendors. RCO w ill authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F: Project Fundi ng. Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its mat ching share. RCO does not reimburse for donations, which the sponsor may use as part of its percentage. All reimbursement request s must include proper documentation of expenditures as required by RCO. A. SECTION 11. PROJECT REIMBURSEMENTS Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activi ties occurring between July 1 and June 30 or as identified in the milestones. Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. B. Requirements for Federal Subawards: Match. The sponsor’s matching share must comply with 2 C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash and third party in-kind contributions, must be accepted as part of the sponsor’s matching share when such contributions meet all of the following criteria: 1. Are verifiable from the non-Federal entity's (sponsor’s) records; 2. Are not included as contributions for any other Federal award; 3. Are necessary and reasonable for accomplishment of project or program objectives; 4. Are allowable under 2 C.F.R. Part 200, Subpart E-Cost Principles (2013); 5. Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requireme nts of other Federal programs; 6. Are provided for in the approved budget when required by the Federal awarding agency identified in Section G: Federal Fund Information of this Agreement; and 7. Conform to other provisions of 2 C.F.R. Part 200, Subpart D-Post Federal Award Requirements (2013), as applicable. E. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non-Federal entity (sponsor) must: 1. Submit, no later than 90 calendar days after the end date of the period of performance , all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass -through entity (RCO) may approve extensions when requested by the sponsor. 2. Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3. Refund any balances of unobligated cash that the Federal awarding agency or pass -through entity (RCO) paid in advance or paid and that are not authorized to be retained by the non-Federal entity (sponsor) for use in other projects. See OMB Circular A -129 and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding unreturned amounts that become delinquent debts. 4. Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordan ce with 2 C.F.R §§ 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property (2013). F. Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consi stent with legal requirements and Manual 8: Reimbursements. See WAC 420-12. SECTION 12. ADVANCE PAYMENTS Page 11 of 29 RCO 15-1240R SECTION 13. RECOVERY OF PAYMENTS Recovery for Noncompliance. In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available a t law or in equity. A. Overpayment Payments. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. B. Requirements for Federal Subawards. The pass-through entity (RCO) may impose any of the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies for noncompliance (2013). C. The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clau se by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 14. COVENANT AGAINST CONTINGENT FEES Income. B. SECTION 15. INCOME AND USE OF INCOME Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained, renovated, or restored with funding board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunities furnished; and (c) Prevailing range of public fees in the state for the activity involved. (d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210). 2. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 1. Use of income. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, catt le grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset: C. The sponsor’s matching resources; 1. The project’s total cost; 2. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor ’s system; and/or 4. Capital expenses for similar acquisition and/or development and renovation. 5. RCFB Projects. See WAC 286-13-110 for additional requirements for projects funded from the RCFB. A. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307 Program income (2013). D. SECTION 16. PROCUREMENT REQUIREMENTS Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal proc urement principles, it must be followed. If no such process exists the sponsor must follow these minimum procedures: A. Publish a notice to the public requesting bids/proposals for the project; 1. Comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. 4. Specify in the notice the date for submittal of bids/proposals; 2. Specify in the notice the general procedure and criteria for selection; and 3. This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subjec t to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. Page 12 of 29 RCO 15-1240R Requirements for Federal Subawards. B. For all Federal subawards except RTP projects, non-Federal entities (sponsors) must follow 2 C.F.R §§ 200.318 General procurement standards through 200.326 Contract Provisions (2013). 1. For RTP subawards, sponsors follow such policies and procedures allowed by the State when procuring property and services under a Federal award (2 C.F.R § 1201.317 (2013)). State procurement policies are in subsection A of this section. 2. SECTION 17. TREATMENT OF EQUIPMENT Discontinued Use. Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the equipment for the purpose for which it was funded, RCO will require the sponsor to d eliver the equipment to RCO, dispose of the equipment according to RCO policies, or return the fair market value of the equipment to RCO. Equipment shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writin g. A. Loss or Damage. The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound management practices. B. Requirements for Federal Subawards. Except RTP, procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum , meet the following requirements (2 C.F.R § 200.313 (2013)): C. Property records must be maintained that include a description of the property, a serial number or other identification numbe r, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate dispositi on data including the date of disposal and sale price of the property. 1. A physical inventory of the property must be taken and the results reconciled with the property records at least once every t wo years. 2. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. 3. Adequate maintenance procedures must be developed to keep the property in good condition. 4. If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 5. Requirements for RTP Subawards. The subrecipient (sponsor) shall follow such policies and procedures allowed by the State with respect to the use, management and disposal of equipment acquired under a Federal award (2 C.F.R § 1201.313 (2013)). D. The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure as described in Section 22.B: Control and Tenure has been execut ed, it will further stipulate and define the funding board and RCO’s right to inspect and access lands acquired or developed with f unding board assistance. SECTION 18. RIGHT OF INSPECTION Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards o r RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. SECTION 19. STEWARDSHIP AND MONITORING Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the ba sis of residence. Even so, the funding board discourages the imposition of differential fees. F ees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or loc al public facilities. SECTION 20. PREFERENCES FOR RESIDENTS SECTION 21. ACKNOWLEDGMENT AND SIGNS Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and in the future. A. Signs. The sponsor also shall post signs or other appropriate media during the project period of perfor mance and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless ex empted in funding board policy or waived by the director. B. Page 13 of 29 RCO 15-1240R Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor s hall verbally acknowledge the applicable grant program’s funding contribution at all dedication ceremonies. C. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other docu ments describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The fund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the project; and 4. The percentage and dollar amount of the total costs of the project that is fina nced by nongovernmental sources. D. The following provisions shall be in force only if the project described in this Agreement is for construction of land or fac ilities in a development, maintenance, renovation or restoration project: SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION AND RESTORATION PROJECTS Document Review and Approval. The sponsor agrees to submit one copy of all construction plans and specifications to RCO for r eview prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance with the terms of this Agreement. Only change orders that impact the amount of funding or changes to the scope of the project as described to a nd approved by the funding board or RCO must receive prior written approval. A. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long -term lease, easement, or fee simple ownership) for the land proposed for construction. The doc umentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement. B. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: C. "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies.” Use of Best Management Practices. Sponsors are encouraged to use best management practices developed as part of the Washingto n State Aquatic Habitat Guidelines (AHG) Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002; “Protecting Nearshore Habitat and Functions in Puget Sound”, 2010; “Stream Habitat Restoration Guidelines”, 2012; “Water Crossing Design Guidelines”, 2013; and “Marine Shoreline Design Guidelines”, 2014. These documents, along with new and updated guidance documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best management pract ices developed by the Washington Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive Species” which is available on the WISC Web site. D. Conveyance of Rights to the State of Washington. When real property rights (both fee simple and lesser interests) are acquire d, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases as described below. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the rea l property rights being acquired and whether or not those rights are being acquired in perpetuity. D. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment. C. Evidence of Title. The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. B. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. A. The following provisions shall be in force only if the project described in this Agreement is an acquisition project: SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. 3. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underl ying landowner and must be incorporated by reference in the easement document. 2. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. See WAC 420 -12 or 286-13. Sponsors shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements whe re the sponsor has acquired a perpetual easement for public purposes. 1. Page 14 of 29 RCO 15-1240R Real Property Acquisition and Relocation Assistance E. Federal Acquisition Policies. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Ass istance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 1. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. 3. State Acquisition Policies. When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 2. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section 8.C.: Archaeological and Cultural Resources before structures are removed or demolished. F. Hazardous Substances. G. Certification. The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site fo r the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: a. No hazardous substances were found on the site, or b. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed “clean.” 1. Hold Harmless. The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all l oss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. 3. Responsibility. Nothing in this provision alters the sponsor's duties and liabilitie s regarding hazardous substances as set forth in RCW 70.105D. 2. Requirements for Federal Subawards. The non-Federal entity (sponsor) must submit reports at least annually on the status of real property in which the Federal Government retains an interest, unless the Federal interest in the real property extends 15 years or longer. In those instances where the Federal interest attached is for a period of 15 years or more, the Federal awarding agency or th e pass-through entity (RCO), at its option, may require the sponsor to report at various multi-year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years) (2 C.F.R § 200.329 (2013)). H. The sponsor shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. Also see WAC Title 2 86 or 420. It is the intent of the funding board’s conversion policy, current or as amended in the future, that all real property or facilities acquired, developed, renovated, and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in t he Agreement or as approved by the funding board. Determination of whether a conversion has occurred shall be based upon applicable law and RCFB /SRFB policies. For acquisition projects that are term limited, such as one involving a lease or a term -limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written do cuments or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established fun ding board policies. SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with funding boar d funds, including undeveloped sites, are built, operated, used, and maintained: A. The following provisions shall be in force only if the project described in this Agreement is an acquisition, development, ma intenance, renovation or restoration project: SECTION 25. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS According to applicable federal, state, and local laws and regulations, including public health standards and building codes. 1. In a reasonably safe condition for the project’s intended use. 2. Throughout its estimated useful service life so as to prevent undue deterioration. 3. In compliance with all federal and state nondiscrimination laws, regulations and policies. 4. Page 15 of 29 RCO 15-1240R Open to the public. Facilities open and accessible to the general public must: B. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the International Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. 1. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. 2. Be available for use by the general public without reservation at reasonable hours and times of the year, according to the ty pe of area or facility. 3. A corporate sponsor, including any nonprofit sponsor, shall: SECTION 26. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS Maintain corporate status with the state, including registering with the Washington Secretary of State ’s office, throughout the sponsor’s obligation to the project as identified in the Agreeme nt. A. Notify RCO prior to corporate dissolution at any time during the period of performance or long -term obligations. Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the t erms and conditions of this Agreement. RCO will process an amendment transferring the sponsor ’s obligation to the qualified successor if requirements are met. B. Sites or facilities open to the public may not require exclusive use, (e.g., members only). C. The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in Section G: Federal Fund Information. SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 Fed. Reg. 12319, 12935, 3 C.F.R. 1964, 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” Federally assisted construction contract means any agreement or modification thereof between any applic ant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof app roved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant i tself participates in the construction work. (41 C.F.R. § 60-1.3) Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition or repair of building s, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. (41 C.F.R. § 60-1.3) A. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities (sponsors) must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction ”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wage s not less than once a week. The non-Federal entity (sponsor) must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the accept ance of the wage determination. The non-Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U. S. C. 3145), as supplemented by Department of Labor regulations (29 C.F.R Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States ”). The Act provides that each contractor or subrecipient (sponsor ) must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any pa rt of the compensation to which he or she is otherwise entitled. The non -Federal entity (sponsor) must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. B. Page 16 of 29 RCO 15-1240R Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity (sponsor) in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hou rs. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, o r contracts for transportation or transmission of intelligence. C. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 C.F.R § 401.2(a) and the recipient or subrecipient (sponsor) wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research wor k under that “funding agreement,” the recipient or subrecipient (sponsor) must comply with the requirements of 37 C.F.R Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. D. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency identified in Section G: Federal Fund Information and the Regional Office of the Environmental Protection Agency (EPA). E. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,0 00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other awa rd covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. F. Procurement of Recovered Materials. A non-Federal entity (sponsor) that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation an d Recovery Act. The requirements of Section 6002 include procuring only items des ignated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable, consistent with mai ntaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resou rce recovery; and establishing an affirmative procurement pr ogram for procurement of recovered materials identified in the EPA guidelines. G. Required Insurance. The non-Federal entity (sponsor) must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award (2 C.F.R § 200.310 (2013)). H. Debarment and Suspension (Executive Orders 12549 and 12689). The sponsor must not award a contract (see 2 C.F.R § 180.220) to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p. 189) and 12689 (3 C.F.R part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. I. Page 17 of 29 RCO 15-1240R Liability Insurance. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that fac ility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. A. SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY Insurance Endorsement. The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director. B. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement in Section E: On-going Obligation. C. Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insure r, and within ten (10) calendar days following any termination of the policy by the sponsor. D. Government Agencies. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or m unicipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes t hat program or policy as a part of its application to the funding board. E. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does not assume any duty to any individual person wi th respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sp onsor, or others, for any and all remedies that may be available by law. F. The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Ar chery Range Recreation Account. The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water Conservation Fund. If the project has been approved by the National Park Service, US Department of the Interior, for funding assis tance from the federal Land and Water Conservation Fund (LWCF), the “Project Agreement General Provisions” in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement and incorporated herein. The sponsor sh all abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wild life and Recreation Program Farmland Preservation Account. For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following secti ons will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement: A. Section 15 - Income and Income Use; B. Section 19 - Stewardship and Monitoring; C. Section 21 - Acknowledgement and Signs; D. Section 23 - Provisions applying to Acquisition Projects, Sub-sections D, F, and G; E. Section 24 - Restriction on Conversion of Real Property and/or Fac ilities to Other Uses; and F. Section 25 - Construction, Operation and Maintenance of Assisted Projects. SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not co mmence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY Page 18 of 29 RCO 15-1240R Cost Principles/Indirect Costs for State Agencies. Sub-Recipient (sponsor) will comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under this Agreement a nd in-kind matching donations. The applicability of the cost principles depends on the type of organization incurring the costs. A. SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition and Restoration program. The sponsor agrees to the following terms and conditions: Sub-recipient (sponsor) shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the sponsor expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for ea ch year is a cumulative total of all federal funding from all sources. The sponsor shall forward a copy of the audit along with the sponsor ’s response and the final corrective action plan to RCO within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site:http://harvester.census.gov/facweb B. Credit and Acknowledgement. In addition to Section 21: Acknowledgement and Signs, materials produced must display both the Environmental Protection Agency (EPA) and Puget Sound Partnership (PSP) logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessari ly reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constit ute endorsement or recommendation for use.” This requirement is for the life of the product, whether during or after the Agreement period of performance. C. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention, or training space funded in w hole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find othe r information about the Act. D. Drug Free Workplace Certification. Sub-recipient (sponsor) shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regul ations, the recipient organization shall identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Sponsors who are individuals must comply with the drug -free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. Recipients can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. E. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term “management fees or similar charges” refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities or for other similar costs which are not allowable. Management fees or similar char ges may not be used to improve or expand the project funded under this agreement, except for the extent authorized as a direct co st of carrying out the scope of work. F. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies only to a Sub -recipient (sponsor), and all sub-awardees of sub-recipient (sponsor), if any. Sub-recipient (sponsor) shall include the following statement in all sub-awards made to any private entity under this Agreement. "You as the sub-recipient, your employees, sub-awardees under this award, and sub-awardees’ employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during th e period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub-recipient (sponsor), and all sub-awardees of sub-recipient (sponsor) must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. G. Lobbying. The chief executive officer of this recipient agency (sponsor) shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless authorized under existing law. The recipient (sponsor) shall abide by their respective Cost Principles (OMB Circulars A-21, A-87, and A-122), which generally prohibits the use of federal grant funds for litigation against the U. S. or for lobbying or other political activities. The sponsor agrees to comply with 40 C.F.R. Part 34, New Restricti ons on Lobbying. Sponsor shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not mor e than $100,000 for each expenditure. H. Page 19 of 29 RCO 15-1240R All contracts awarded by sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, sponsor affirms that it is not a non -profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non -profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. Reimbursement Limitation. If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of rec eiving additional funds from the RCO, it does so at its own risk. RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the RCO approved budget. I. Disadvantaged Business Enterprise Requirements. Sponsor agrees to comply with the requirements of EPA ’s Utilization of Small, Minority and Women’s Business Enterprises in procurements made under this award. J. Minority and Women’s Business Participation. Sponsor agrees to solicit and recruit, to the maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are as follows: Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or non -achievement of the goals. Achievement of the goals is encouraged, however, and sponsor and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps 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 business 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. 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. K. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1. There are any funds budgeted in the contractual/services, equipment or construction lines of the award; 2. $3,000 or more is included for supplies; or 3. There are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as 4. Described in items (a) and (b). When completing the form, recipients (sponsors) should disregard the quarterly and semi-annual boxes in the reporting period section 1B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients (sponsors) with funds budgeted for non -supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the repo rting period or not. If no procurements take place during the reporting period, the recipient should check the box in section 5B wh en completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the sponsor’s region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators can also answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with r egulations, the sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA From 5700 -52A can be found at the EPA Office of Small Business Program’s Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. L. SIX GOOD FAITH EFFORTS, 40 C.F.R., Part 33, Subpart C. Pursuant to 40 C.F.R. § 33.301, the sponsor agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistan ce agreement, and to require that sub-recipients (sponsors), and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: 1. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracti ng opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government sponsors, this will include p lacing DBEs on solicitation lists and soliciting them whenever they are potentia l sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delive ry schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the compe titive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Triba l, State and local Government sponsors, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. M. Page 20 of 29 RCO 15-1240R 4. Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individu ally. 5. Use the services and assistance of the Small Business Administration (SBA) and the Minority Business Development of the Department of Commerce. 6. If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs (1) throu gh (5) of this section. Lobbying & Litigation. By signing this agreement, the sponsor certifies that none of the funds received from this agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United State s unless authorized under existing law. The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance agreement a re used to engage in lobbying of the Federal Government or in litigation against the Unit ed States unless authorized under existing law. The sponsor shall abide by its respective Attachment in 2 CF.R. Part 200, which prohibits the use of Federal grant funds for litigation a gainst the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms: Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims aga inst the Federal Government are unallowable. N. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients (sponsors) or by a recipients’ (sponsor’s) contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs fo r travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 C.F.R. Parts 30 or 31, are n ot affected by this limitation unless the terms of the contract provide the recipient (sponsor) with responsibility for the selection, directi on and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional information. As of January 1, 2014, the limit is $602.24 per day $75.28 per hour. O. Peer Review. Where appropriate, prior to finalizing any significant technical products the P rincipal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter speciali sts. A record of comments and a brief description of how respective comments are ad dressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. P. The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restorat ion Program - EPA or the Marine Shoreline Protection program. The sponsor shall comply with all applicable federal, State, and loc al laws, rules, and regulations in carrying out the terms and conditions of this Agreement. SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA AND MARINE SHORELINE Administrative Conditions A. Cost Principles. The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200 (2013). Unless otherwise indicated , the Cost Principles apply to the use of funds provided under this Agreement and In -kind matching donations. The applicability of the Cost Principles depends on the type of organization incurring the costs. 1. Audit Requirements. The sponsor shall fully comply with requirements of 2 C.F.R. Part 200, Subpart F - Audit Requirements (2013), if applicable. See also Section F: Project Funding. 2. Hotel-Motel Fire Safety Act. Pursuant to 40 C.F.R. 30.18, if applicable, and 15 U.S.C 2225a, sponsor agrees to ensure that all spac e for conferences, meetings, conventions, or training seminars funded in whole or in part w ith federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101 -391, as amended. The sponsor may search the Hotel-Motel National Master List at: http://www.usfa.dhs.gov/applications/hotel to see if a pro perty is in compliance (FEMA ID is currently not required), or to find other information about the Act. 3. Recycled Paper 4. Institutions of Higher Education Hospitals and Non-Profit Organizations. In accordance with 40 C.F.R. 30.16, sponsor agrees to use recycled paper and double-sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printe d on recycled paper and are available through the General Services Administration. a. Page 21 of 29 RCO 15-1240R State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 C.F.R. 247. b. State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R. § 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA ’s guidelines. c. State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. d. Lobbying. The sponsor agrees to comply with Title 40 C.F.R. Part 34, New Restrictions on Lobbying. The sponsor shall include the language of this provision in award documents for all sub-awards exceeding $100,000, and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $1 0,000 and not more than $100,000 for each expenditure. See also Section 11: Compliance with Applicable Federal Laws. 5. Part 30 Recipients. All contracts awarded by the sponsor shall contain, when applicable, the anti -lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the sponsor affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. a. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R. Part 200, which prohibits the use of Federal gr ant funds for litigation against the United States or for lobbying or other political activi ties. b. Suspension and Debarment. The sponsor shall fully comply with Subpart C of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entitled ‘Responsibilities of Participants Regarding Transaction (Doing Business with Other Persons)’. The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532, entit led ‘Covered Transactions’, includes a term or condition requiring compliance with Subpart C. The sponsor is respon sible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The sponsor acknowl edges that failing to disclose the information as required at 2 C.F.R. § 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. The sponsor may access the Excluded Parties List System at: http://www.epls.gov. This term and condition supersedes EPA Form 5700-49, ‘Certification Regarding Debarment, Suspension, and Other Responsibility Matters’. See also Section 27: Provisions for Federal Subawards Only. 6. Drug-Free Workplace Certification. The sponsor must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, t he sponsor must identify all known workplaces under its federal award; and keep this information on file during the performance of the award. 7. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. a. b. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. The sponsor can access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowab le. The term “management fees or similar charges” refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this as sistance agreement. Management fees or similar charges may not be used to improve or ex pand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 8. Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligat ed to reimburse the sponsor for costs incurred in excess of the approved budget. See also Section 11: Project Reimbursements. 9. Page 22 of 29 RCO 15-1240R Trafficking in Persons. The following prohibition statement applies to the sponsor, and all sub -awardees of the sponsor. The sponsor must include this statement in all sub-awards made to any private entity under this Agreement. "YOU AS THE SUB-RECIPIENT, YOUR EMPLOYEES, SUB-AWARDEES UNDER THIS AWARD, AND SUB-AWARDEES’ EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER THIS AWARD." 10. Disadvantaged Business Enterprise Requirements, General Compliance. The sponsor agrees to comply with the requirements of EPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises in procurement under assistance agreements, contained in 40 C.F.R. Part 33. 11. Sub-Awards. If the sponsor makes sub-awards under this Agreement, the sponsor is responsible for selecting its sub-awardees and, if applicable, for conducting sub-award competitions. The sponsor agrees to: 12. Establish all sub-award agreements in writing; a. b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); c. Ensure that any sub-awards comply with the standards in 2 C.F.R. Part 200, and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub-awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub-award; f. Obtain RCO’s consent before making a sub-award to a foreign or international organization, or a sub-award to be performed in a foreign country; and g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance with 40 C.F.R. Parts 30.25 and 31.30, as applicable. Federal Employees. No Subcontract or grant funds may be used to provide any Federal Employee transportation assistance, reimbursement, and any other expense. 13. Fly America Act. The sponsor agrees to comply with 49 U.S.C. 40118 (the “Fly America” act) in accordance with the General Services Administration’s regulations at 41 C.F.R. Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The sponsor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by U.S. flag air carrier was not available or why it was necessary to use a fore ign air carrier and shall, in any event, provide a certificate of compliance with the Fly Americ a requirements. The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 14. Recovered Materials. The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 24 7, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. See also Section 27: Provisions for Federal Subawards Only. 15. Copeland “Anti-Kickback” Act. All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 C,F,R, Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to giv e up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. See also Section 27: Provisions for Federal Subawards Only. 16. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7). When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2,000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be requir ed to pay wages to laborers and mechanics at a rate not less than the mi nimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall pl ace a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported viol ations to the Federal awarding agency. See also Section 27: Provi sions for Federal Subawards Only. 17. Page 23 of 29 RCO 15-1240R Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards A ct (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 ho urs. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. See also Section 27: Provisions for Federal Subawards Only. 18. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting inv ention in accordance with 37 C.F.R. Part 401, "Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. See also Section 27: Provisions for Federal Subawards Only. 19. FY12 APPR ACT: Unpaid Federal Tax liabilities and Federal Felony Convictions. This Agreement is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, HR 2055, Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions. Accordingly, by accepting this award the recipient acknowledges that it (1) is not subject to any unpaid Federal tax liability that has been assessed, for which all j udicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal conviction under and Federal law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such officer or agent, based on these tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Government ’s interests. If the recipient fails to comply with these provisions, EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. 20. Programmatic Conditions: B. Semi-Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months, unless a different reporting frequency is outlined in the Scope of Work, using the reporting tool supplied by RCO. The sponsor agrees to include brief information on each of the following areas: 1. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; a. b. The reasons for slippages if the established outputs/outcomes were not met; AND Final Performance Report. In addition to the periodic performance reports, the sub-recipient will submit a final performance report to RCO within 60 calendar days after the expiration or termination of the award. The report shall be submitted to the RCO Grant Manager and must be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. 2. Recognition of EPA Funding. Reports, documents, signage, videos, or other media, developed as part of projects funded by this Agreement shall contain the following statement: "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE. THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE." 3. Copyrighted Material. EPA has the right to reproduce, publish, use, and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other dat a developed under this Agreement as a result of: a) the selection of another grantee by EPA to perform a project that will involve the use of the co pyrighted works or other data or; b) termination or expiration of this agreement. 4. Peer Review. The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. 5. c. Additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 days after the end of each reporting period. Page 24 of 29 RCO 15-1240R Quality Assurance Requirements. Acceptable Quality Assurance documentation must be submitted to the Grant Program within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager. The National Estuary Program (NEP) Quality Coordinator supports quality assurance for EPA-funded NEP projects. No work involving direct measurements or data generation, environmental modeling, compilation of data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Quality Coordinator has approved the quality assurance document. The sponsor will submit all Quality Assurance documentation to the following address. Please copy the Grant Program on all correspondence with the NEP Quality Coordinator. Thomas H. Gries, NEP Quality Coordinator Department of Ecology Tgri460@ecy.wa.gov 360.407.6327. 6. Environmental Data and Information Technology. Sub-recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets. All environmental data will be required to be entered into the EPA’s Storage and Retrieval data system (STORET). The best method (local or state consolidated) for reporting will be determined on a project-by-project basis between the DFW grant manager and sub-recipient. More information about STORET can be found at http://www.epa.gov/STORET. 7. The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Sal mon Restoration Program - EPA. SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM - EPA PROJECTS ONLY DUNS and CCR Requirements A. Unless otherwise exempted from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its information in the CCR until submission of its final financial report required under this Agreement or receive the final paym ent, whichever is later. 1. The sponsor may not make a sub-award to any entity unless the entity has provided its DUNS number to t he sponsor. 2. FY2011 ACORN Funding Restriction. No funds provided under this Agreement may be used for sub -awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW (ACORN) or any of its subsidiaries. B. The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shorelin e Protection program. The Sub-Recipient shall comply with all applicable federal, State, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY Federal Finance Report (FFR). Recipients (sponsor) shall submit final Federal Financial Reports (FFR), Standard Form 425 (SF-425), to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at www.epa.gov/ocfo/finservices/forms.htm. All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, 4220 S. Maryland Pkwy Bldg C, Rm 503, Las Vegas, NV 89119, or by FAX to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients (sponsor) will be notified and ins tructed by EPA if they must complete any additional forms for the closeout of the assistance agreement. EPA may take enforcement actions in accordance with 40 C.F.R. § 30.62 and 40 C.F.R. § 31.43 if the recipient does not comply with this term and condition. A. Requirement for Central Contractor Registration (CCR)/System for Award Management (SAM). Unless the sponsor is exempted from this requirement under 2 C.F.R. § 25.110, the sponsor must maintain the currency of its information in the SAM until the sponsor submits the final financial report required under this award or receive the final payment, whichever is later. This requires that the sponsor review and update the information at least annually after the initial registration, and more frequently if r equired by changes in your information or another award term. 1. Requirement for Data Universal Numbering System (DUNS) numbers. If the sponsor is authorized to make subawards under this award, the sponsor: 2. DUNS and CCR Requirements C. Reimbursement Limitation. If the sponsor expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds, it does so at its own risk. The Federal Government and RCO is not legally obligated to reimburse Sub-Recipient for costs incurred in excess of the approved budget. B. Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has provided its DUNS number to the sponsor. a. May not make a subaward to an entity unless the entity has provided its DUNS number to the spnosor. b. Page 25 of 29 RCO 15-1240R Definitions. For purposes of this award term: 3. Central Contractor Registration (CCR)/System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registratio n procedures may be found at the System for Award Management (SAM) Internet site http://www.sam.gov. a. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webform). b. Entity.as it is used in this award term, means all of the following, as defined at 2 C.F.R Part 25, subpart C: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; and v. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. c. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for furth er explanation, see Sec. --.210 of the attachment to OMS Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). iii. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. d. Subrecipient means an entity that: i. Receives a subaward from you under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. e. General. This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on: 1) EPA Form 4700-4, "Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance"; and 2) Standard Form 4248 or Standard Form 424D, as applicable. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 1. Statutory Requirements. In carrying out this agreement, the recipient must comply with: 2. CIVIL RIGHTS OBLIGATIONS D. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP), by entities receiving Federal financial assistance. a. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance; and b. The Age Discrimination Act of 1975, which prohibits age discrimination by entities receiving c. d. Federal financial assistance. If the recipient is conducting an education program under this agreement, it must also comply with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities operated by entit ies receiving Federal financial assistance. If this agreement is funded with financial assistance under the Clean Water Act (CWA), the recipient must also comply with Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex in CWA-funded programs or activities. Regulatory Requirements. The recipient agrees to compl y with all applicable EPA civil rights regulations, including: 3. For Title IX obligations, 40 C.F.R. Part 5; and a. For Title VI, Section 504, Age Discrimination Act, and Section 13 obligations, 40 C.F.R. Part 7. b. As noted on the EPA Form 4700-4 signed by the recipient's authorized representative, these regulations establish specific requirements including maintaining compliance information, establishing grievance procedures, designating a Civil Rights Coordinator, and providing notices of non-discrimination. c. Page 26 of 29 RCO 15-1240R Title VI - LEP, Public Participation and Affirmative Compliance Obligation. 4. As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found a t http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004 register&docid=fr25jn04-79.pdf a. Additional Term and Condition for Agricultural Landowners - Riparian Buffer Term for Agricultural Landowners. To be eligible for NEP implementation funding, provided directly or through a subaward, a private agricultural land owner whose property borders fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the Natio nal Marine Fisheries Service (NMFS) guidelines for Riparian Buffers Along Agricultural W ater Courses in NW Washington and NRCS guidance on the NMFS guidelines. A land owner may be excluded from meeting this requirement if the funding is used solely for removal of shoreline armoring, onsite sewage system repair or replacement, engineered dike setbacks, or culvert or tide-gate replacements that provide for fish passage at all life stages. In some cases, the NJ\.1FS recommendations are framed in terms of ranges of buffer widths rather than point estimates, and expressed as probabilities of achieving desired outcomes. Local conditions and local circumstances matter, and may affect the choice of the riparian buffer most effective at achieving salmon recovery. Buffer widths may be less than specifie d in the table in cases where there is a scientific basis for doing so and all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an individual parcel (e.g. transportation corridors, structures, naturally occurri ng. If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Titl e VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocket.access.qpo.gov/2006/pdf/06-2691.pdf. In accepting this assistance agreement, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. b. E. This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provis ions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency i n the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the fol lowing order: A. Federal law and binding executive orders; B. Code of federal regulations; C. Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency; E. State law; F. Washington Administrative Code; G. Project Agreement; H. Board policies and procedures. SECTION 36. ORDER OF PRECEDENCE Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parti es except period of performance extensions in and minor scope adjustments need only be signed by RCO’s director or designee, unless the consent of the sponsor to an extension or scope adjustment is required by its auditing policies, regulations, or legal requirements, in whic h case, no extension shall be effective until so consented. SECTION 37. AMENDMENTS Only RCO or RCO’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter , amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 38. LIMITATION OF AUTHORITY Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of t he terms of the Agreement unless stated to be such in writing, signed by the director, or the director ’s designee, and attached to the original Agreement. SECTION 39. WAIVER OF DEFAULT The funding board and RCO rely on the sponsor ’s application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agre ement. SECTION 40. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH Page 27 of 29 RCO 15-1240R The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completio n of the project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive. The funding board or RCO may e lect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or eq uity. SECTION 41. SPECIFIC PERFORMANCE The funding board and RCO will require strict compliance by the spon sor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sp onsor in its application for a grant as finally approved by the funding board. For federal awards, notification of termination will comply with 2 C.F.R. § 200.340. SECTION 42. TERMINATION For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: 1. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement; or 2. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount pai d be repaid to RCO for redeposit into the account from which the funds were derived. A. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO ’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the sponsor. B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the s econd day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of te rmination. C. Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which cann ot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party ’s request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writi ng that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of t hree persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appoi nted. If a third person cannot be agreed on, the third person shall be chosen by the funding board ’s chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel accordin g to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without t he authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The reques t shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishe s to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 43. DISPUTE HEARING In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs. SECTION 44. ATTORNEYS’ FEES Page 28 of 29 RCO 15-1240R This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a l awsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be in a county where the project is situated. The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SECTION 45. GOVERNING LAW/VENUE In the cases where this Agreement is between the funding board (State) and a federally recognized Indian Tribe, the following governing law/venue applies, but only between those parties: SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believ es that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State, the State shall bring s uch lawsuit in federal court; otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal law. In the event suit is brought in federa l court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the part ies agree to venue in Thurston County Superior Court. A. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from a lawsuit arising out of this agreement, including any third party claims relating to any work performed under this agreement, shall be binding and en forceable on the parties. Any money judgment or award against a tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F - Project Funding of the Agreement in order to satisfy the judgment. B. The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State t o bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to t he performance, or breach of this Agreement. This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action, the parties shall bear their own enforcement co sts, including attorneys’ fees. C. For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obt ain the right of the RCO to enforce this Agreement. The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. SECTION 47. SEVERABILITY Page 29 of 29 RCO 15-1240R Eligible Scope Activities 15-1240 Downey Farmstead - Frager Rd Relocation Restoration City of Kent 12/9/2015 Project Number: Project Type: Approval: Project Sponsor: Project Title: Program:Puget Sound Acq. & Restoration Restoration Metrics Worksite #1, Downey Farmstead Restoration Chinook Salmon-Puget Sound ESU, Chum Salmon-Puget Sound/Strait of Georgia ESU, Coho Salmon-Puget Sound/Strait of Georgia ESU, Pink Salmon-unidentified ESU, Steelhead-Puget Sound DPS Targeted salmonid ESU/DPS (A.23): Bull Trout, CutthroatTargeted species (non-ESU species): 0.00Miles Of Stream Treated/Protected (C.0.b): The restoration work will be completed in a subsequent phase. The project is identified in the WRIA 9 Green/Duwamish and Central Puget Sound Watershed Salmon Habitat Plan as a priority project, (Project LG-7). The three-year workplan for WRIA 9 includes this project as one of its high priorities Project Identified In a Plan or Watershed Assessment (C.0.c): NoneType Of Monitoring (C.0.d.1): Upland Habitat And Sediment Project 0Cubic yards of sediment prevented (C.6.b.3): not applicable, road relocation only this phase 0.0Acres of Upland Habitat Area Treated (C.6.b.1): not applicable - road relocation only this phase 0.20Miles of Road Treated (C.6.b.2): Road abandonment (C.6.d.1) 0.20Miles of Road Abandoned (C.6.d.2): 20Average width of road abandoned (in whole yards) (C.6.d.3): Road drainage system improvements and reconstruction (C.6.c.1) 0.20Miles of Road Treated for drainage improvements and reconstruction (C.6.c.2): Architectural & Engineering Architectural & Engineering (A&E) ELIGREIM.RPT 1Page: January 21, 2016 Milestone Report By Project 15-1240 RProject Number: Project Name: Sponsor: Downey Farmstead - Frager Rd Relocation Kent City of Project Manager:Elizabeth Butler Target DateMilestoneX Comments/Description! Applied for Permits 12/01/2014X! Cultural Resources Complete 12/23/2014 Section 106 IDP attached in PRISM.X ! Preliminary Design to RCO 05/13/2015 Completed with funds from 08-1659.X ! Final Design to RCO 05/30/2015 Completed with funds from 11-1219.X ! Project Start 12/09/2015X Progress Report Submitted 06/30/2016! Annual Project Billing 07/31/2016! Landowner Agreement to RCO 09/30/2016 Parks Dept MOU (Fishing Hole) Landowner Agreement to RCO 09/30/2016 Frager Road (King County) Landowner Agreement to RCO 09/30/2016 PSE Landowner Agreement to RCO 09/30/2016 Century Link Permits Complete 12/01/2016 Progress Report Submitted 12/30/2016! Bid Awarded/Contractor Hired 03/01/2017 Restoration Started 04/01/2017 Progress Report Submitted 06/30/2017! Annual Project Billing 07/31/2017! Restoration Complete 11/30/2017 Road Relocation. RCO Final Inspection 12/30/2017 Funding Acknowl Sign Posted 12/30/2017 Final Report in PRISM 12/30/2017 Final Design to RCO 12/30/2017! Stewardship Plan to RCO 12/31/2017 Draft is sufficient . Final will be provided when the habitat restoration work is complete in Ph 2. Progress Report Submitted 12/31/2017 If time extension is needed.! Agreement End Date 06/30/2019 Will close earlier upon project completion and full expending of funds. All costs must be incurred by this date. ! Final Billing to RCO 08/30/2019 Page:11MILESTO.RPT January 21, 2016 Milestone Report By Project X = Milestone Complete ! = Critical Milestone Page:21MILESTO.RPT January 21, 2016 Agenda Item: Consent Calendar – 7G_ TO: City Council DATE: February 16, 2016 SUBJECT: Interlocal Agreement with the Regional Fire Authority for 72nd Avenue South – Authorize SUMMARY: 72nd Avenue South currently has a missing segment between South 196th Street, and South 200th Street. The 72nd Avenue South extension project will complete the missing link and provide connectivity to the north end of the industrial area between West Valley Highway and the Union Pacific Railroad tracks. The project will benefit the Regional Fire Authority (RFA) by reducing travel and response times and allow the RFA to meet adopted levels of service to the areas north and east of the missing roadway section. Response times will be improved to 215 land parcels. The interlocal agreement will provide $1.2 million of RFA funding to the 72nd Avenue South extension project. EXHIBITS: Interlocal Agreement with the Regional Fire Authority RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: N/A BUDGET IMPACTS: The Regional Fire Authority contribution will provide matching funds for the project. The RFA will assist with funding by making 10 annual payments of $120,000 per year, as noted in the Interlocal Agreement. MOTION: Authorize the Mayor to sign an interlocal agreement with the Kent Fire Department Regional Fire Authority for 72nd Avenue South Improvements, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority Page 1 of 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY FOR 72ND AVENUE S. IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Kent, a municipal corporation (City), and the Kent Fire Department Regional Fire Authority; a municipal corporation (RFA), for the purposes set forth below. RECITALS 1. The City annually proposes to improve various capital roadway projects that impact and affect delivery of fire protection and emergency medical services within the jurisdiction of the RFA. (Projects); and 2. The RFA measures Level of Service performance by travel time and depends on a network of strategically located fire stations and well designed roadways with adequate capacity to maintain safe and efficient response times; and 3. The RFA’s ability to meet its Level of Service standards in portions of the RFA will directly benefit from the completion of the unfinished segment of 72nd Ave. S.; and 4. The City has the authority to complete 72nd Ave. S. but lacks the total funding needed to complete this project; and 5. The RFA and City can achieve cost savings and benefit the public interest by each participating in the funding of 72nd Ave. S. to assure construction of the project, which will improve Level of Service for City roadways and RFA emergency response; AGREEMENT NOW, THEREFORE in consideration of the following terms and conditions, the parties agree as follows: 1. PURPOSE & AUTHORITY 1.1. The purpose of this agreement is to improve levels of service and achieve economies of scale in implementing projects that benefit the citizens of both the City and the RFA. 1.2. The City and the RFA are public agencies as defined by Chapter 39.34 of the Revised Code of Washington ("RCW"), and are authorized to enter into Interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority Page 2 of 5 2. PROJECT 2.1. The project consists of funding and completing an unfinished segment of 72nd Ave. S. between S. 196th Street and S. 200th Street (Project). 3. ALLOCATION OF COSTS FOR SHARED BID ITEMS 3.1. Project costs have been determined to be approximately $3.76 million dollars and agreed to be shared as follows. (a). Grant from the WA. State Transportation Improvement Board (TIB): $1,182,420 (b). Drainage District #1 matching contributions of: $ 20,000 (c). City matching contributions of: $1,357,600 (d). RFA contributions of: $1,200,000 4. DURATION OF AGREEMENT 4.1. The project shall begin upon execution of this agreement and shall be completed no later than May 31, 2017. 4.2. This agreement shall remain in full force and effect for 10 years following completion of the project or until terminated as provided in section 5. 5. TERMINATION 5.1. Either party may terminate this Agreement with thirty (30) days advance written notice upon the failure of the other party to make timely payments or provide services as required by this Agreement. Failure to make timely payments or to provide the services required in this Agreement shall constitute a breach. In the event of a breach, the non - breaching party shall provide a written notice describing the breach to the breaching party, and the breaching party will have thirty (30) calendar days to cure the breach, unless that time period is extended by mutual agreement of the parties. If the breaching party fails to cure the breach in the allotted time, the non-breaching party may immediately terminate this Agreement. 6. PROJECT RESPONSIBILITIES. 6.1. The City shall be the Lead Agency for the Project and shall be solely responsible for the design, bidding, right-of-way acquisition and construction of the Project. The City shall coordinate design, bidding and construction decisions with the RFA as necessary to secure the RFA’s funding of the Project. 6.2. To the extent sufficient to pay the RFA’s obligation, the funds used by the RFA to repay the City for its share shall be exclusively funded by either level of service fees imposed and collected pursuant to RCW 82.02.020 within the City of Kent or Impact fees Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority Page 3 of 5 imposed and collected pursuant to RCW 82.02.050 and Kent City Code 12.15 “Fire Impact Fees.” Unavailability of sufficient funding from these two sources will not relieve the RFA from its obligation to make timely payments. The RFA agrees irrevocably that it will include in its budget an amount that will be sufficient, together with all revenues and money of the RFA legally available for such purpose, to pay the amounts due to the City per the provisions in Section 7. Provided, however, if the City unilaterally rescinds or otherwise fails to enforce its fire impact fee ordinance during the term of this Agreement, the RFA shall be relieved of all payment obligations during the time the City’s fire impact fee ordinance is not enforced or in effect. 7. PAYMENT 7.1. The RFA shall remit to the City ten annual payments of not less than $120,000, which includes both principal and interest, beginning in 2016. The initial payment from the RFA will come due on April 15, 2016, and all subsequent payments will come due on February 1 of each year until paid in full. 8. PROJECT LEVEL OF SERVICE 8.1. The completed project along 72nd Avenue S. shall maintain a minimum peak-hour level of service “E”, as defined in the Highway Capacity Manual, for a term of 10 years starting upon completion of the project. Should the level of service of the finished 72nd Avenue S. project fall below level of service “E” for any continuous one-year measurement period within 10 years following construction completion, the City shall credit the next year’s RFA principal payment to the project or refund the prior year’s payment. Credits or refunds to the RFA shall be on a per-year basis. 9. INDEMNIFICATION AND HOLD HARMLESS 9.1. Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party to this Agreement. 10. OTHER PROVISIONS 10.1. The City shall retain ownership and usual maintenance responsibility for the road and stormwater facilities, landscaping, signs, signals and sidewalks. 10.2. This agreement contains the entire agreement of the parties and supersedes all prior discussions. This Agreement may be amended only in writing, signed by both parties. 10.3. Nothing contained herein is intended to, nor shall be construed to create any right in any third party, or to form the basis for any liability on the part of the parties to this Agreement, or their officials, officers, employees, agents or representative, to any third party. 10.4. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall not be affected thereby and Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority Page 4 of 5 shall continue in full force and effect if such remainder would then continue to serve the purposes and objectives of the parties. 11. CONTRACTOR’S INDEMNIFICATION OF OTHER PARTY AND INSURANCE 11.1. The City shall require the contractor building the Project to indemnify, defend. and save harmless the RFA and its officers, agents, or employees from any claim damage, action, liability of proceeding brought or filed against the City or its officers, agents or employees alleging damage or injury arising out of the contractor's participation in the Project. The Contractor shall also be required to waive the Contractor's immunity under Washington's Industrial Insurance Act, RCW Title 51, as to the Other Party solely for the purposes of the indemnification. 12. RESOLUTION OF DISPUTES AND GOVERNING LAW 12.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date last written below. RFA: Kent Fire Department Regional Fire Authority: By: Print Name: Jim Schneider Its Fire Chief DATE: CITY: City of Kent: By: Print Name: Suzette Cooke____________ Its Mayor DATE: Interlocal Agreement, City of Kent and Kent Fire Department Regional Fire Authority Page 5 of 5 NOTICES TO BE SENT TO: Kent Fire Department Regional Fire Authority Larry Rabel Strategic Planning (253) 856-4446 (telephone) (253) 856-6470 (facsimile) NOTICES TO BE SENT TO: City of Kent Timothy J. LaPorte, P.E. Director of Public Works (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: ________________________________ Brian Snure, Attorney for RFA APPROVED AS TO FORM: _________________________________ Tom Brubaker City Attorney p:\civil\files\open files\1479-72nd_road_extension-boeingacquisition\kentrfa_interlocal_72nd_final.docx This page intentionally left blank. Agenda Item: Consent Calendar – 7H_ TO: City Council DATE: February 16, 2016 SUBJECT: Traffic Control Signal System – Accept as Complete SUMMARY: The Traffic Control Signal System project consisted of traffic signal display modifications at nine (9) intersections within the downtown core area of Kent, to display flashing yellow arrows for permissive left turn movements. The awarded amount for this project was $105,425.00. The total paid to Traffic Control Signal System was $92,225.00. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: The modification of the traffic signal displays is the final phase of a project funded entirely by a federal grant from the Highway Safety Improvement Program. MOTION: Authorize the Mayor to accept the Traffic Control Signal System project as complete and release retainage to West Coast Signal, Inc. upon receipt of standard releases from the state and the release of any liens. This page intentionally left blank. Agenda Item: Consent Calendar – 7I_ TO: City Council DATE: February 16, 2016 SUBJECT: Budget Certification for Annexation Sales Tax Credit Resolution – Adopt SUMMARY: The City is required to certify to the State of Washington before March 1st of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated estimated costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,764,290 for July 1, 2016 through June 30, 2017. This certification period is the seventh year the City will receive the annexation sales tax credit, which will expire June 30, 2020. EXHIBITS: Resolution RECOMMENDED BY: Operations Committee YEA: Boyce, Ralph, Thomas NAY: N/A BUDGET IMPACTS: Estimated costs for the Panther Lake annexation area for the State’s fiscal year 2016 is anticipated to be $12,792,765 in expenditures to provide City services to those residents, while we anticipate revenues of $8,028,475 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,764,290 which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. MOTION: Adopt Resolution No. ______, certifying the Panther Lake annexation sales tax credit of $4,764,290, for the period of July 1, 2016 through June 30, 2017. This page intentionally left blank. 1 Tax Credit Threshold Panther Lake Annexation RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2016 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 2 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. On February 4, 2014, through Resolution No. 1881, the City Council adopted a new threshold amount for the 2014 fiscal year and authorized the finance director to certify the same. H. On February 17, 2015, through Resolution No. 1904, the City Council adopted a new threshold amount for the 2015 fiscal year and authorized the finance director to certify the same. I. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2016 fiscal year. J. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2016 fiscal year will be at least $12,792,765, and that this cost exceeds the projected general revenue 3 Tax Credit Threshold Panther Lake Annexation that the City would otherwise receive from the annexation during the 2016fiscal year, which is estimated to be $8,028,475. K. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2016 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. L. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2016 fiscal year is $4,764,290. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City’s projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2016 fiscal year is $4,764,290. The City Council previously imposed a sales and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2. – Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City’s Finance Director is authorized to certify the amount for the 2016 fiscal year to the appropriate agencies within the State of Washington. 4 Tax Credit Threshold Panther Lake Annexation SECTION 3. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. – Savings. Resolution No. 1904 shall remain in full force and effect until the effective date of this resolution. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the sales and use taxes for the 2016 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this _______ day of _________________, 2016. CONCURRED in by the Mayor of the city of Kent this ______ day of __________________, 2016. 5 Tax Credit Threshold Panther Lake Annexation SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. ______ passed by the City Council of the city of Kent, Washington, the ________ day of _________________, 2016. RONALD F. MOORE, CITY CLERK P:\Civil\Resolution\Annexation Sales Tax Threshold2016 - track changes.docx Estimated Description Revenues Property Taxes 3,191,940 Sales and Use Tax 195,000 Sales and Use Tax - Criminal Justice 690,000 Utility Taxes 2,689,485 Other Taxes 45,000 Cable Franchise Fee 297,840 Liquor - Excise Tax & Board Profits 312,960 Fuel Tax 570,000 Other State Shared Revenues 36,250 8,028,475 Maximum Sales Tax Credit 4,764,290 12,792,765 Estimated Department Expenditures City Council 75,655 Mayor's Office & City Clerk 520,265 Municipal Court 643,605 Employee Services 246,310 Law 365,795 Finance 560,660 Information Technology 348,725 Police 5,733,060 Fire Services 266,985 Economic & Community Development 647,515 Public Works 1,454,070 Parks, Recreation & Community Services 1,930,120 12,792,765 Revenues Over / (Under) Expenditures - CITY OF KENT PANTHER LAKE ANNEXATION CERTIFICATE JULY 1, 2016 THROUGH JUNE 30, 2017 Agenda Item: Consent Calendar – 7J_ TO: City Council DATE: February 16, 2016 SUBJECT: Lodging Tax Advisory Committee Board Member Expansion Ordinance – Adopt SUMMARY: At the December 8, 2015 Council meeting, Ordinance No. 4176 was adopted to increase the number of members appointed to the Lodging Tax Advisory Committee from seven to nine members. In order to alleviate confusion concerning the terms of the two new additional members, and to remain consistent with state law, minor changes to the Kent City Code are required. In the attached draft ordinance you will see the clarification of language. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: N/A BUDGET IMPACTS: None MOTION: Adopt Ordinance No. clarifying language pertaining to term limits in Chapter 2.54 of the Kent City Code, entitled “Lodging Tax Advisory Committee,” to increase the number of committee members from seven to nine. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 2.54.030 of the Kent City Code, to make housekeeping changes regarding the appointment and terms of Lodging Tax Advisory Committee members. RECITALS A. The number of members of the Lodging Tax Advisory Committee was recently increased from seven members to nine, through passage of Ordinance No. 4176, on December 8, 2015. B. In order to alleviate confusion concerning the terms of the two additional members, and to remain consistent with state law, minor changes to the Kent City Code are required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 2.54.030 of the Kent City Code is hereby amended to read as follows: 1 Amend KCC 2.54.030 - Re: Terms of Lodging Tax Advisory Committee Members Sec. 2.54.030 Terms. A. All members appointed pursuant to KCC 2.54.020 shall serve three- year terms. The initial appointment shall be staggered with three appointments serving a one-year term, three appointments serving a two- year term, and two appointments serving a three-year term. All current members of the committee as of December 30, 2015, shall continue to retain their staggered three-year terms, as shall their successor appointees, pursuant to Ordinance No. 3417. The two additional members appointed by the city council, as authorized by Ordinance No. 4176, shall serve three-year terms each. Organizations representing businesses required to collect tax under Chapter 67.28 RCW and organizations involved in activities authorized to be funded by revenue received under said tax as well as local agencies involved in tourism and promotion may submit recommendations for membership on the committee. B. Pursuant to RCW 67.28.1817(1), as amended, the city council shall review the membership of the lodging tax advisory committee at least once annually, and shall make changes as appropriate. SECTION 2. – Retroactivity. This ordinance shall be effective and apply retroactively to all appointments and re-appointments to the lodging tax advisory committee made by the city council on or after January 7, 2016. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Amend KCC 2.54.030 - Re: Terms of Lodging Tax Advisory Committee Members SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\lodging tax 2.54.docx 3 Amend KCC 2.54.030 - Re: Terms of Lodging Tax Advisory Committee Members This page intentionally left blank. Agenda Item: Consent Calendar – 7K_ TO: City Council DATE: February 16, 2016 SUBJECT: Elder Care Facilities Code Amendment – Ordinance – Adopt SUMMARY: At its January 25, 2016, meeting, the Land Use and Planning Board held a public hearing, to consider code amendments to add new categories for elder care facilities and independent senior living facilities, as well as clarifying other elder care facility requirements. Also, a new footnote would allow the option for elder care facilities to be located in commercial zones without a commercial component on site, fulfilling mixed goals through the Conditional Use Permit process by requiring proximity to certain other amenities. The LUPB moved to approve the amendment without the requirement regarding proximity to amenities, but after the Economic and Community Development Committee considered both Planning Staff’s original recommendation and the LUPB’s recommendation, the Committee voted to approve the amendments as recommended by staff, but increasing the proximity requirement from a quarter mile to a half mile. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: N/A BUDGET IMPACTS: None MOTION: Adopt Ordinance No. amending Title 15 of the Kent City Code to clarify and amend definitions, use tables and development to establish new land use categories for elder care and independent senior living facilities. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending portions of Chapters 15.02 and 15.04 of the Kent City Code, including adding a new Section 15.02.203; pertaining to the definitions and development regulations applicable to assisted living facilities and independent senior living facilities. (DKT-2014- 5.) RECITALS A. Pursuant to RCW 36.70A.470, the Growth Management Act (GMA) requires that the City establish a docketing process as a means for the public to suggest changes or identify deficiencies in City plans and regulations. The docketing process is set forth in Section 12.02.025 of the Kent City Code (KCC). B. On September 2, 2014, a docket item was submitted to the City, requesting a change in how “assisted living facilities” are defined for the purpose of locating them in commercial areas without a mixed use component. This was designated Docket No. DKT-2014-5. Staff recommended that this docket item not be included in the 2015 work program for the Economic and Community Development Department (“Department”) at that time. 1 Amend KCC 15.02 and 15.04 - Re: Elder Care C. On November 10, 2014, the Economic and Community Development Committee passed a motion accepting the staff recommendation (revised to include DKT-2014-5 in the 2015 work program) to approve the 2014 Annual Docket Report as presented. D. On November 18, 2014, the City Council authorized the Mayor to accept the Economic and Community Development Committee recommendations on the 2014 Annual Docket Report. E. Kent has a growing population of seniors, and nationwide research suggests that this demographic will be healthier and more mobile than previous generations of seniors. Experts describe a trend towards senior living in walkable urban areas with nearby amenities, while isolated institutional-type facilities are considered less humane. F. Current mixed use requirements in city code reflect a policy decision that multifamily or multi-unit developments should include on-site commercial uses. G. On August 24, 2015, Department staff presented an overview of current research on aging, background on types of senior living facilities, facility design, and land use trends, to the Land Use and Planning Board (“LUPB”) at a workshop meeting. H. On October 12, 2015, Department staff recommended to the Economic and Community Development Committee that the 2014 Docket Report be amended in order to, among other things, include DKT-2014-5 in the 2015 work program. At this October 12, 2015 meeting, Department staff further presented a two-phased project scope to the Economic and Community Development Committee: the first phase included clarification of “assisted living facilities” and adding flexible locational criteria; the 2 Amend KCC 15.02 and 15.04 - Re: Elder Care second phase included addressing broader issues about mixed use requirements for multifamily developments and independent senior living facilities in commercial zones. The Committee recommended approval of this two-phased approach. I. On October 26, 2015, the LUPB held a public hearing, during which Department staff presented code amendment options, including new locational criteria, to the LUPB. At the conclusion of the hearing, the LUPB directed staff to analyze independent senior living facilities in the first phase of the project, instead of delaying it until the second phase. Furthermore, the LUPB Chair formed a subcommittee to tour a number of elder care facilities to better understand the issues involved. Staff updated the Economic and Community Development Committee on the project on November 9, 2015. J. On October 8, 2015, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed code amendments related to development regulations applicable to elder care facilities. The Washington State Department of Commerce granted the request for expedited review on October 26, 2015. No comments were received from State agencies. K. On October 15, 2015, the City conducted and completed environmental review under the State Environmental Policy Act (SEPA). L. On January 11, 2016, Department staff presented code amendment options, including new definitions to more clearly distinguish different elder care facility types to the LUPB, at a workshop meeting. The options included locational criteria to achieve mixed use goals through proximity to other uses, rather than requiring a mix of uses on site. After holding a public hearing on January 25, 2016, the LUPB recommended modification 3 Amend KCC 15.02 and 15.04 - Re: Elder Care of the proposed code amendments, as presented by staff, to exclude requirements to provide commercial components or nearby amenities. M. The Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting on February 8, 2016, and recommended to the full City Council passage of the proposed code amendments as recommended by staff with a modification to the distance required for proximity to mix of uses. N. At its regularly-scheduled meeting on February 16, 2016, the City Council voted to adopt the amendments to portions of Chapters 15.02 and 15.04 of the Kent City Code, pertaining to assisted living facilities and independent senior living facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – New Section. Chapter 15.02 of the Kent City code is amended by adding a new section 15.02.203 to read as follows: Sec. 15.02.203. Independent senior living facility. Independent senior living facility means a multi-dwelling-unit facility that provides housing, communal areas, and limited basic services (including a variety of social and transportation services) to individuals 60 or more years of age who choose to live in a congregate setting. These facilities consist of individual dwelling units that contain separate bathroom facilities, and which also may contain a full kitchen, partial kitchen, or no kitchen. Communal areas include: a dining room in which at least one meal per day is served; social and activity areas; laundry facilities; and open spaces. This definition does not include senior housing that does not provide 4 Amend KCC 15.02 and 15.04 - Re: Elder Care meals, assisted living facilities, group homes, or residential facilities with health care. SECTION 2. - Amendment. Section 15.02.026.1 of the Kent City Code is amended as follows: Sec. 15.02.026.1. Assisted living facility. Assisted living facility means an establishment that has the express or implied purpose of providing housing and basic services (such as laundry, housekeeping, meals, and activities), and assuming general responsibility for the safety and well-being of the residents, and that may also provide domiciliary (home or personal) care, provides living quarters and a variety of limited personal care and supportive health care monitoring to more than ten (10) individuals who may be unable to live independently due to infirmity of age, or physical or mental handicap, but who do not need the skilled nursing care of a convalescent home or a residential facility with health care. These facilities may consist of individual dwelling units, with separate bathroom facilities, a full- kitchen, partial kitchen, or no kitchen. For purposes of In addition, these facilities may have communal dining areas, recreation facilities (library, lounge, game room), laundry facilities and open space. An assisted living facility is a state-licensed residential facility pursuant to Chapter 18.20 RCW, as amended, but not a group home or a residential facility with health care. SECTION 3. - Amendment. Section 15.02.125 of the Kent City Code is amended as follows: Sec. 15.02.125. Dwelling, multiple-family. Multiple-family dwelling means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided. This definition also includes 5 Amend KCC 15.02 and 15.04 - Re: Elder Care independent senior housing for individuals sixty (60) years or olderdoes not include independent senior living facilities. SECTION 4. - Amendment. Section 15.02.335.3 of the Kent City Code is amended as follows: Sec. 15.02.335.3. Residential facility with health care. Residential facility with health care means a medically staffed facility intended for the long-term residential care of more than ten (10) handicapped individuals who, because of age or medical condition, are incapable of independent living. This definition also includes nursing homes, as defined in RCW 18.51.010, and continuing care retirement communitiesy, as defined byin RCW 70.38.025, but does not include group homes. SECTION 5. - Amendment. Section 15.04.020 of the Kent City Code is amended as follows: 15.04.020 Residential land uses. 6 Amend KCC 15.02 and 15.04 - Re: Elder Care Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 One single-family dwelling per lot P P P P P P P P P P P P P P A (1) A (1) A (1) A (1) One duplex per lot P (27) P (27) P (27) P One modular home per lot P P P P P P P P P P P P Duplexes P (27) P (27) P (27) P (22) P P P P P Multifamily townhouse units P (27) P (27) P (27) P (19) (20) P (19) (20) P P P P (2) P (4) C (5) P P P P P (2) Multifamily dwellings P (26) P (26) P P P P (2) P (4) C (5) P P P P P (2) Mobile homes and manufactured homes P Mobile home parks P (13) P (13) P (13) P (13) P (13) P (13) P Group homes class I-A P P P P P P P P P P P P P P P P P C P P P P C Group homes class I-B P P P P P P P P P P C P P C C C Group homes class II-A C C C C C C C C C C C C C C C C 7 Amend KCC 15.02 and 15.04 - Re: Elder Care Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Group homes class II-B C C C C C C C C C C C C C C C C Group homes class II-C C C C C C C C C C C C C C C C C Group homes class III C (2 3) C (23) C (23) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (2 3) C (23) Secure community transition facilities23, 24 Rebuild/acce ssory uses for existing dwellings P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) P (6) Transitional housing P (29 ) P (29 ) P (29 ) P (2) P (4) C (5) P P P P P (7) C (3 0) P (7) C (30) Rooming and boarding of not more than three persons A A A A A A A A A A Farm worker accommodat ions A (1 7) A (9) A (1 7) Accessory uses and structures customarily appurtenant to a permitted use A A A( 8) (1 8) A (8) (1 8) A (8) (1 8) A (8) (1 8) A (8) (1 8) A (1 8) A (1 8) A (1 8) A (18 ) A (18 ) A (18 ) A A A A A A A A A A A A A A Accessory dwelling units and guest cottages A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (1 0) A (8) (10 ) A (8) (10 ) A (8) (10 ) A (8) (1 0) A (8) (1 0) Accessory living quarters A (1 4) A (14) A (14) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (1 4) A (14) A (1 4) A (1 4) A (1 4) A (1 4) Live-work units P (2 8) Home occupations A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (11 ) A (11 ) A (11 ) A (1 1) A (1 1) A (11) A (11) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (1 1) A (11) A (1 1) A (1 1) A (1 1) A (1 1) Service buildings A 8 Amend KCC 15.02 and 15.04 - Re: Elder Care Key P = Principally Permitted Uses S = Special Uses C = Conditional Uses A = Accessory Uses A-10 AG SR -1 SR -3 SR -4. 5 SR -6 SR -8 MR -D MR -T1 2 MR -T1 6 MR -G MR -M MR -H MH P NC C CC DC DC E MT C -1 MT C -2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 Storage of recreational vehicles A (1 6) A (1 6) A (1 6) A (1 6) A (1 6) A (1 6) A (1 6) A (1 6) A (1 6) A (16 ) A (16 ) A (16 ) A Drive-in churches C C C C C C C C C C C C C C C C C C C C C C C C C C Emergency housing; emergency shelter C C C C C C C C C C C C C C Independent senior living facilities C C C C C P(2 9) P(2 9) P(2 9) P(2)C (3) P(4)C (5) P P P P C C P(2)C (3) Assisted living facilities C C C C C P (29 ) P (29 ) P (29 ) P (2) C(3) P (4) C (5) P P P P C C P (2) C(3) Residential facilities with health care C C C C C P (29 ) P (29 ) P (29 ) P (2) C(3) P (4) C (5) P P P P C C P (2) C(3) Designated manufacture d home P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (2 5) P (25 ) P (25 ) P (25 ) P (2 5) SECTION 6. - Amendment. Section 15.04.030 of the Kent City Code is amended as follows: Sec. 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, shall be permitted only are only permissible in thea mixed use overlay, and must be when included within a mixed use development. 9 Amend KCC 15.02 and 15.04 - Re: Elder Care 3. [Reserved].Assisted living facilities, residential facilities with health care, and independent senior living facilities, when not combined with commercial or office uses, require a conditional use permit and are subject to the requirements of KCC 15.09.045 for multifamily design review and mixed use design review, as well as area-specific design review, such as in Midway, Downtown and along the Meeker Street Corridor. These facilities are also subject to the following conditions: a. Must be located within a half mile of publicly-accessible amenities in at least three of the following categories, as determined by the economic and community development director. The distance shall be measured as the shortest straight-line distance from the property line of the proposed facility to the property line of the entities listed below: i. Public park or trail, as identified in the City’s most recently-adopted Park and Open Space Plan, or owned or maintained by any agency of the state, or any political subdivision thereof; ii. Preschool, elementary, or secondary school (public or private); iii. Indoor recreational center (community center, senior center, physical recreation facility, bingo or casino hall); iv. Church, religious institution, or other place of worship; v. Cultural arts center (theater, concert hall, artistic, cultural, or other similar event center; vi. Retail services, including, but not limited to: medical services; food and beverage establishments; shopping centers; or other commercial services that are relevant (reasonably useful or germane) to the residents of the proposed facility, as determined by the City’s economic and community development director. b. Alternatively, if the facility provides amenities in one or more of the categories listed in 15.04.030(a) on the ground floor of the facility itself, oriented towards the public (meaning that they are visible, 10 Amend KCC 15.02 and 15.04 - Re: Elder Care accessible and welcoming), the number of other amenities to which a half- mile proximity is required may be reduced, at the discretion of the City’s economic and community development director. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11 Amend KCC 15.02 and 15.04 - Re: Elder Care 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 12 Amend KCC 15.02 and 15.04 - Re: Elder Care 21. [Reserved]. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit: 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is 13 Amend KCC 15.02 and 15.04 - Re: Elder Care possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within line of sight. During the conditional use permit process for a secure community transition facility, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; 14 Amend KCC 15.02 and 15.04 - Re: Elder Care d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; 15 Amend KCC 15.02 and 15.04 - Re: Elder Care d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple-family design guidelines and development standards do not apply to live-work units; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. For assisted living facilities, residential facilities with health care, and independent senior living facilities, each residential care unit is considered one dwelling unit for purposes of density calculations. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. SECTION 7. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 16 Amend KCC 15.02 and 15.04 - Re: Elder Care correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 9. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\15 02 and 15 04 elder care_2.9.16.docx 17 Amend KCC 15.02 and 15.04 - Re: Elder Care This page intentionally left blank. Agenda Item: Consent Calendar – 7L_ TO: City Council DATE: February 16, 2016 SUBJECT: Emergency Housing Code Amendment – Ordinance – Adopt SUMMARY: After holding a public hearing on January 25, 2016, the Land Use and Planning Board concurred with Planning staff and recommended approval of zoning code amendments to allow emergency housing facilities in conjunction with a church in the Duplex Multi-Family (MR-D) zoning district, with a Conditional Use Permit and several additional criteria. EXHIBITS: Ordinance RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Berrios, Budell NAY: Thomas BUDGET IMPACTS: None MOTION: Adopt Ordinance No. amending the zoning code to allow emergency housing facilities on church property located within the MR-D zone, subject to conditions. As recommended by staff and by the Land Use and Planning Board. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 15.04 of the Kent City Code, entitled “District Regulations,” to add provisions for emergency housing. RECITALS A. Cities throughout King County are experiencing an increasing need for emergency housing facilities. In recent years, human service providers have considered locating these types of facilities in downtown Kent, but have encountered community opposition. This opposition has led providers to request that the City expand the area of the city where these facilities are allowed. B. The City of Kent Comprehensive Plan acknowledges the growing need for homeless services and contains policies to ensure that people facing hardship have access to resources to help meet immediate or basic needs. This plan also indicates that in seeking to help address the challenges of Kent’s homeless residents, the City will collaborate with churches, employers, businesses, schools, and nonprofit agencies in the community. C. Staff presented information regarding emergency housing to the Land Use and Planning Board (“LUPB”) at a workshop meeting on 1 Amend KCC 15.04 - Re: District Regulations January 11, 2016, where the LUPB authorized staff to proceed to a hearing. D. On January 19, 2016, the City requested expedited review under RCW 36.70A.106 from the Washington State Department of Commerce regarding the City’s proposed amendments. The Washington State Department of Commerce granted the request for expedited review on February 3, 2016. No comments were received from State agencies. E. The City’s State Environmental Policy Act (SEPA) Responsible Official conducted an environmental analysis of the impacts of the proposed amendments and issued a Determination of Nonsignificance on January 20, 2016. F. On January 25, 2016, after holding a public hearing, the LUPB made its recommendations regarding the proposed code amendments to the City Council. G. The Economic and Community Development Committee considered the recommendations of the LUPB at its regularly-scheduled meeting on February 8, 2016, and recommended to the full City Council adoption of the proposed code amendments. H. At its regularly scheduled meeting on February 16, 2016, the City Council voted to adopt the amendments to portions of Chapter 15.04 of the Kent City Code, pertaining to emergency housing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Amend KCC 15.04 - Re: District Regulations ORDINANCE SECTION 1. - Amendment. Section 15.04.020, entitled “Residential land uses,” is hereby amended as follows: Sec. 15.04.020 Residential land uses. Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Condition al Uses A = Accessory Uses A- 10 AG SR -1 SR -3 SR - 4. 5 SR -6 SR -8 MR -D M R- T1 2 M R- T1 6 M R- G M R- M M R- H M HP NC C CC DC DC E MT C- 1 MT C- 2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 One single- family dwelling per lot P P P P P P P P P P P P P P A ( 1 ) A ( 1 ) A ( 1 ) A ( 1 ) One duplex per lot P ( 2 7 ) P ( 2 7 ) P ( 2 7 ) P One modular home per lot P P P P P P P P P P P P Duplexe s P ( 2 7 ) P ( 2 7 ) P ( 2 7 ) P (2 2) P P P P P Multifam ily townhou se units P ( 2 7 ) P ( 2 7 ) P ( 2 7 ) P ( 1 9 ) ( 2 0 ) P ( 1 9 ) ( 2 0 ) P P P P ( 2 ) P ( 4 ) C ( 5 ) P P P P P ( 2 ) Multifam ily dwelling s P ( 2 6 ) P ( 2 6 ) P P P P ( 2 ) P ( 4 ) C ( 5 ) P P P P P ( 2 ) Mobile homes P 3 Amend KCC 15.04 - Re: District Regulations Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Condition al Uses A = Accessory Uses A- 10 AG SR -1 SR -3 SR - 4. 5 SR -6 SR -8 MR -D M R- T1 2 M R- T1 6 M R- G M R- M M R- H M HP NC C CC DC DC E MT C- 1 MT C- 2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 and manufac tured homes Mobile home parks P (1 3) P ( 1 3 ) P ( 1 3 ) P ( 1 3 ) P ( 1 3 ) P ( 1 3 ) P Group homes class I-A P P P P P P P P P P P P P P P P P C P P P P C Group homes class I-B P P P P P P P P P P C P P C C C Group homes class II- A C C C C C C C C C C C C C C C C Group homes class II- B C C C C C C C C C C C C C C C C Group homes class II- C C C C C C C C C C C C C C C C C Group homes class III C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) C ( 2 3 ) Secure commun ity transitio n facilities2 3. 24 Rebuild/ accessor y uses for existing dwelling s P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) P ( 6 ) Transitio P P P P P P P P P P P 4 Amend KCC 15.04 - Re: District Regulations Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Condition al Uses A = Accessory Uses A- 10 AG SR -1 SR -3 SR - 4. 5 SR -6 SR -8 MR -D M R- T1 2 M R- T1 6 M R- G M R- M M R- H M HP NC C CC DC DC E MT C- 1 MT C- 2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 nal housing ( 2 9 ) ( 2 9 ) ( 2 9 ) ( 2 ) ( 4 ) C ( 5 ) ( 7 ) C ( 3 0 ) ( 7 ) C ( 3 0 ) Rooming and boarding of not more than three persons A A A A A A A A A A Farm worker accomm odations A ( 1 7 ) A ( 9 ) A ( 1 7 ) Accessor y uses and structur es customa rily appurte nant to a permitte d use A A A ( 8 ) ( 1 8 ) A ( 8 ) ( 1 8 ) A ( 8 ) ( 1 8 ) A ( 8 ) ( 1 8 ) A ( 8 ) ( 1 8 ) A (1 8) A ( 1 8 ) A ( 1 8 ) A ( 1 8 ) A ( 1 8 ) A ( 1 8 ) A A A A A A A A A A A A A A Accessor y dwelling units and guest cottages A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A (8 ) (1 0) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) A ( 8 ) ( 1 0 ) Accessor y living quarters A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) A ( 1 4 ) Live- work units P ( 2 8 5 Amend KCC 15.04 - Re: District Regulations Zoning Districts Key P = Principally Permitted Uses S = Special Uses C = Condition al Uses A = Accessory Uses A- 10 AG SR -1 SR -3 SR - 4. 5 SR -6 SR -8 MR -D M R- T1 2 M R- T1 6 M R- G M R- M M R- H M HP NC C CC DC DC E MT C- 1 MT C- 2 MC R CM -1 CM -2 GC M1 M1 -C M2 M3 ) Home occupati ons A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A (1 1) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) A ( 1 1 ) Service buildings A Storage of recreatio nal vehicles A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A (1 6) A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A ( 1 6 ) A Drive-in churches C C C C C C C C C C C C C C C C C C C C C C C C C C Emergen cy housing; emergen cy shelter C (3 1) C C C C C C C C C C C C C C Assisted living facilities C C C C C P ( 2 9 ) P ( 2 9 ) P ( 2 9 ) P ( 2 ) P ( 4 ) C ( 5 ) P P P P C C P ( 2 ) Resident ial facilities with health care C C C C C P ( 2 9 ) P ( 2 9 ) P ( 2 9 ) P ( 2 ) P ( 4 ) C ( 5 ) P P P P C C P ( 2 ) Designat ed manufac tured home P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P (2 5) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) P ( 2 5 ) 6 Amend KCC 15.04 - Re: District Regulations SECTION 2. – Amendment. Section 15.04.030, entitled “Residential land use development conditions,” is hereby amended as follows: Sec. 15.04.030. Residential land use development conditions. 1. Dwelling units, limited to not more than one per establishment, for security or maintenance personnel and their families, when located on the premises where they are employed in such capacity. No other residential use shall be permitted. 2. Multifamily residential uses, or other residential facilities where allowed, shall be permitted only in the mixed use overlay when included within a mixed use development. 3. [Reserved]. 4. Multifamily residential uses, or other residential facilities where allowed, when established in buildings with commercial or office uses, and not located on the ground floor. 5. Multifamily residential uses, or other residential facilities where allowed, when not combined with commercial or office uses. 6. Existing dwellings may be rebuilt, repaired, and otherwise changed for human occupancy. Accessory buildings for existing dwellings may be constructed subject to the provisions of KCC 15.08.160. 7. Transitional housing facilities, limited to a maximum of 20 residents at any one time, plus up to four resident staff. 7 Amend KCC 15.04 - Re: District Regulations 8. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 9. Farm dwellings appurtenant to a principal agricultural use for the housing of farm owners, operators, or employees, but not accommodations for transient labor. 10. Accessory dwelling units shall not be included in calculating the maximum density. Accessory dwelling units are allowed only on the same lot with a principally permitted detached single-family dwelling unit, and are subject to the provisions of KCC 15.08.160 and 15.08.350. 11. Customary incidental home occupations subject to the provisions of KCC 15.08.040. 12. [Reserved]. 13. Subject to the combining district requirements of the mobile home park code, Chapter 12.05 KCC. 14. Accessory living quarters are allowed per the provisions of KCC 15.08.359. 15. [Reserved]. 16. Recreational vehicle storage is permitted as an accessory use in accordance with KCC 15.08.080. 17. Accommodations for farm operators and employees, but not accommodations for transient labor. 8 Amend KCC 15.04 - Re: District Regulations 18. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 19. The following zoning is required to be in existence on the entire property to be rezoned at the time of application for a rezone to an MR-T zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE. 20. All multifamily townhouse developments in an MR-T zone shall be recorded as townhouses with ownership interest, as defined in KCC 15.02.525.1, prior to approval of a certificate of occupancy by the city. 21. [Reserved]. 22. One duplex per lot is permitted. 23. Secure community transition facilities are only permitted within the boundaries depicted on the following map, and only with a conditional use permit: 9 Amend KCC 15.04 - Re: District Regulations 24. A secure community transition facility shall also comply with applicable state siting and permitting requirements pursuant to Chapter 71.09 RCW. Secure community transition facilities are not subject to the siting criteria of KCC 15.08.280 for class III group homes, but they are subject to a 600-foot separation from any other class II or III group home. In no case shall a secure community transition facility be sited adjacent to, immediately across the street or parking lot from, or within the line of sight of risk potential activities or facilities in existence at the time a site is listed for consideration. Within line of sight means that it is possible to reasonably visually distinguish and recognize individuals. For the purposes of granting a conditional use permit for siting a secure community transition facility, the hearing examiner shall consider an unobstructed visual distance of 600 feet to be within line of sight. During the conditional use permit process for a secure community transition facility, line of sight may be considered to be less than 600 feet if the applicant can demonstrate that visual barriers exist or can be created that would reduce 10 Amend KCC 15.04 - Re: District Regulations the line of sight to less than 600 feet. This distance shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel or property or the land use district boundary line from which the proposed use is to be separated. For the purpose of granting a conditional use permit for a secure community transition facility, the hearing examiner shall give great weight to equitable distribution so that the city shall not be subject to a disproportionate share of similar facilities of a state-wide, regional, or county-wide nature. 25. A designated manufactured home is a permitted use with the following conditions: a. A designated manufactured home must be a new manufactured home; b. The designated manufactured home shall be set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product that can be either load bearing or decorative; c. The designated manufactured home shall comply with all city design standards applicable to all other single-family homes; d. The designated manufactured home shall be thermally equivalent to the State Energy Code; and e. The designated manufactured home shall meet all other requirements for a designated manufactured home as defined in RCW 35.63.160. 11 Amend KCC 15.04 - Re: District Regulations 26. Multifamily dwellings shall be allowed only within the Kent downtown districts outlined in the Downtown Subarea Action Plan and shall be condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar dwelling units with ownership interest and recorded as such prior to approval of a certificate of occupancy by the city. 27. Within subdivisions, as defined by KCC 12.04.025, vested after March 22, 2007, or altered to comply with zoning and subdivision code amendments effective after March 22, 2007, 25 percent of the total number of permitted dwelling units may be duplex or triplex townhouse structures. 28. Live-work units; provided, that the following development standards shall apply for live-work units, in addition to those set forth in KCC 15.04.190: a. The unit shall contain a cooking space and sanitary facility in conformance with applicable building standards; b. Adequate and clearly defined working space must constitute no less than 50 percent of the gross floor area of the live-work unit. Said working space shall be reserved for and regularly used by one or more persons residing there; c. At least one resident in each live-work unit shall maintain at all times a valid city business license for a business on the premises; d. Persons who do not reside in the live-work unit may be employed in the live-work unit when the required parking is provided; 12 Amend KCC 15.04 - Re: District Regulations e. Customer and client visits are allowed when the required parking is provided; f. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises; g. The multiple-family design guidelines and development standards do not apply to live-work units; h. Construct all nonresidential space, to the maximum allowed, to commercial building standards; and i. Provide an internal connection between the residential and nonresidential space within each unit. 29. Subject to the maximum permitted density of the zoning district. 30. Conditional use when the number of residents exceeds 20 at any one time or more than four resident staff. 31. Emergency housing is an allowed conditional use in the MR-D zone only in conjunction with an approved conditional use permit, and subject to the following additional conditions: a. The emergency housing facility must be located on the same lot as an actively-operating church or similar religious institution, and the lot must be a minimum of two acres in size; 13 Amend KCC 15.04 - Re: District Regulations b. The emergency housing facility must be located within a permanent, enclosed building; c. The building footprint of the emergency housing facility cannot exceed the building footprint of the church or similar religious institution that exists on the same lot; and d. The church or similar religious institution on the same lot as the emergency housing facility shall be primarily liable for the operation and maintenance of the facility itself, as well as the conduct of the residents of the facility on and in the immediate vicinity of the lot, to the maximum extent permitted by law, regardless of whether the organization contracts with a third party for the provision of any services related to the facility itself or its residents. e. The emergency housing facility shall comply with the setbacks and landscaping requirements for churches, as identified in 15.08.020.A. SECTION 3. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. 14 Amend KCC 15.04 - Re: District Regulations SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\15 04 emergency housing.docx 15 Amend KCC 15.04 - Re: District Regulations This page intentionally left blank. Agenda Item: Consent Calendar – 7M_ TO: City Council DATE: February 16, 2016 SUBJECT: Sunrise Meadows Final Plat – Approve SUMMARY: On December 20, 2006, the Hearing Examiner recommended approval of a Planned Unit Development of 28 detached single family residences, in conjunction with a 28-lot residential subdivision, on 8.47 acres. The property is located at 11928 SE 246 Place in Kent, Washington. The development would incorporate site improvements, including utilities, streets, stormwater facilities, on-site parks, recreation facilities, and landscaping. The applicant has complied with the conditions required prior to recordation. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development & Public Works Department BUDGET IMPACTS: None MOTION: Approve the final plat mylar for Sunrise Meadows and authorize the Mayor to sign the mylar. This page intentionally left blank. This page intentionally left blank. This page intentionally left blank. Agenda Item: Consent Calendar – 7N_ TO: City Council DATE: February 16, 2016 SUBJECT: Bandon East Final Plat – Approve SUMMARY: On April 11, 2014 the Hearing Examiner recommended approval of a preliminary plat to subdivide 4.23 acres into 30 single-family residential lots, with an associated recreation tract, two landscape tracts, and three private joint-use driveway tracts. The property is located at 24459 98th Avenue South in Kent, Washington. The applicant has complied with the conditions required prior to recordation. EXHIBITS: Map and Conditions RECOMMENDED BY: Economic & Community Development & Public Works Department BUDGET IMPACTS: None MOTION: Approve the final plat mylar for Bandon East and authorize the Mayor to sign the mylar. This page intentionally left blank. This page intentionally left blank. Agenda Item: Consent Calendar – 7O_ TO: City Council DATE: February 16, 2016 SUBJECT: Kent Commons Re-roofing Project – Accept as Complete SUMMARY: In August 2015, the Parks, Recreation and Community Services Department contracted with Wayne’s Roofing Inc. to perform all work and materials necessary to re-roof the Kent Commons building in the amount of $521,220.00. The project manager inspected and accepted the project as complete on December 22, 2015, subject to compliance with Department of Revenue and Labor & Industries regulations. The notification of acceptance was issued on January 29, 2016, subject to warranty provisions. EXHIBITS: Copy of project manager's acceptance letter RECOMMENDED BY: Parks, Recreation and Community Services Director YEA: N/A NAY: N/A BUDGET IMPACTS: None MOTION: Accept the re-roofing of the Kent Commons building as complete and release retainage funds of $22,761.10 to the contractor, Wayne's Roofing Inc., upon receipt of standard releases from the state and release of any leins. This page intentionally left blank. This page intentionally left blank. Agenda Item: Other Business – 8A_ TO: City Council DATE: February 16, 2016 SUBJECT: Ordinance Amending Kent City Code 13.05 – Fireworks – Adopt SUMMARY: During the fall of 2015, Kent voters approved Advisory Proposition 1, recommending a ban on fireworks sales and use throughout the city with the exception of fireworks discharged pursuant to a public display permit. At the January 19, 2016, Council Workshop, Council directed staff to draft various ordinance provisions consistent with the voter recommendation. The ordinance provisions were considered by the Public Safety Committee on February 9, 2016, and the Committee voted to recommend adoption of a final ordinance by the full Council. The ordinance recommended by the Committee would result in the following: • The discharge of consumer fireworks would be illegal in Kent beginning July 4, 2017, with the exception of discharges pursuant to a public display permit. • A public display may be performed by any person or organization for a display on any day of the year, if, and only if, a public display permit is obtained from the Fire Marshal, a licensed pyrotechnician conducts the public display, insurance is obtained, and various safety requirements are met. • Most violations of the fireworks code will constitute an infraction (possession, unlawful discharge, failing to clean up firework litter, property owner who permits discharge). Major violations (reckless discharge, untruthfulness in obtaining a public display permit, improperly storing an excessive amount of fireworks) will constitute a gross misdemeanor. • Those who commit an infraction may perform community service in lieu of paying fines. EXHIBITS: 1) Final ordinance 2) Ordinance showing changes that have occurred to the draft ordinance since the Council Workshop of January 19, 2016. RECOMMENDED BY: Public Safety Committee YEA: Ralph, Berrios NAY: Thomas BUDGET IMPACTS: None MOTION: Adopt Ordinance No. repealing Chapter 13.05, entitled “Fireworks,” and enacting a new Chapter 13.05, entitled “Fireworks.” This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, prohibiting the sale, possession, and discharge of consumer fireworks, while allowing public displays of fireworks and the use of fireworks in theatrical presentations, both conditioned upon the issuance of a city permit. RECITALS A. Through its adoption of Resolution No. 1913 on July 28, 2015, the council determined that the interests of the city would be best served by placing before voters an advisory proposition asking whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent. B. Advisory Proposition 1 appeared on the November 3, 2015, ballot, and asked the following question of the voters: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. C. As of November 10, 2015, a majority of voters have answered the question set forth in Advisory Proposition 1 in the affirmative. D. In light of voter recommendation, the council repeals the city’s existing fireworks regulations, and enacts an ordinance that will 1 Repeal and Reenact Ch. 13.05 KCC Fireworks prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of fireworks in theatrical presentations conditioned upon a permit issued by the city. E. In accordance with RCW 70.77.250, this ordinance will become effective one year from the date of its adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repeal Chapter 13.05. Chapter 13.05 of the Kent City Code, entitled “Fireworks,” is repealed in its entirety. SECTION 2. – Enact New Chapter 13.05. The Kent City Code is amended to add a new Chapter 13.05 of the Kent City Code, entitled “Fireworks,” as follows: CHAPTER 13.05 FIREWORKS Sec. 13.05.010. Intent. At the November 3, 2015, election, the Kent City Council certified Advisory Proposition 1 to the voters. Advisory Proposition 1 asked the following question: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. At the November 3, 2015, election, a majority of voters answered the above question in the affirmative. The city council, having determined that the prohibition of the sale, possession, and discharge of consumer 2 Repeal and Reenact Ch. 13.05 KCC Fireworks fireworks is requested by the voters and is in the interests of the public health, safety, and welfare, establishes this ordinance to prohibit the sale, possession, and discharge of consumer fireworks, to establish the circumstances in which public displays of fireworks and fireworks used in theatrical presentations are permitted, and to establish the penalty for a violation of the ordinance. Sec. 13.05.020. Definitions – References to Revised Code of Washington. A. The words and phrases used in this chapter shall be given the definitions contained in Chapter 70.77 of the Revised Code of Washington (“RCW”) as now enacted or hereafter amended or recodified. B. Any reference to a section of the RCW or the Washington Administrative Code (“WAC”) in this chapter shall refer to the chapter or section referenced and any amendment or recodification thereof. Sec. 13.05.030. Prohibited acts—Exceptions. A. Except as permitted in this chapter, the sale, possession, and discharge of fireworks of any kind within the city is prohibited. B. Notwithstanding the prohibition set forth in subsection A, the following shall be permitted in the city of Kent: 1. The public display of fireworks authorized by permit issued by the city; 2. The use of articles pyrotechnic and special effects, as defined by RCW 70.77.138 and RCW 70.77.146, when used in accordance with RCW 70.77.535 and when authorized by permit issued by the city; 3. The use by law enforcement or emergency response agencies of devices that may fall within the definition of firework, when such devices are used in furtherance of law enforcement or emergency response operations or training; 3 Repeal and Reenact Ch. 13.05 KCC Fireworks 4. The transportation of consumer fireworks through the city as part of interstate commerce; 5. The use of flares to warn motor vehicles of road hazards; or the use of torpedoes, flares, or fuses by railroads or other government transportation agencies for signal purposes as provided in RCW 70.77.530; 6. The use of agricultural and wildlife fireworks as defined by RCW 70.77.141 when used in accordance with RCW 70.77.311; 7. The possession, storage, or transportation of fireworks that is incidental to the permitted uses in this subsection. C. It shall be unlawful for an owner of property, or a person renting, leasing, or who has control over the use of property, to knowingly permit the property that he or she owns, rents, leases or has control over, to be utilized for the discharge of fireworks when the discharge of fireworks is not properly permitted pursuant to KCC 13.05.040. D. It shall be unlawful for any person to deposit fireworks or parts of fireworks, whether discharged or not, in or upon any street, sidewalk or other public place, except when the fireworks or parts of fireworks are deposited in private or public litter receptacles, and it shall be unlawful for a private property owner to fail to remove fireworks or parts of fireworks, whether discharged or not, that are not contained in a litter receptacle from private property that is open to the public within 72 hours of the deposit of such fireworks or parts of fireworks on the private property. Sec. 13.05.040. Permits. A. The city council designates the city’s fire marshal or the fire marshal’s designee as the fire official authorized to review permits required by this chapter or Chapter 70.77 RCW; provided only those acts set forth in KCC 13.05.030(B) shall be permitted. 4 Repeal and Reenact Ch. 13.05 KCC Fireworks B. Except as required elsewhere in this chapter, the procedures, requirements, and conditions set forth in Chapter 70.77 RCW and Chapter 212-17 WAC, which are applicable to the submittal, consideration, or granting of permits filed with a city shall apply to the filing, review, and issuance of any permit required by this chapter. C. In reviewing an application for a permit, the fire official may consider relevant provisions in the fire codes, building codes, and health and sanitation codes adopted by the city in determining whether the discharge, possession, or storage of fireworks is performed in a safe manner or presents a risk to public health, safety, or welfare. D. A permit will only issue under this section in the event a pyrotechnic operator licensed by the state of Washington is designated as the person to discharge the fireworks. The permit application shall designate the licensed pyrotechnic operator by name and Washington state license number. E. As a condition of the issuance of any permit, the fire official retains the authority to revoke a permit at any time due to safety concerns. F. The fee for any permit issued in accordance with this chapter shall be established by city council resolution. Sec.13.05.060. Violations and penalties. A. It shall be a gross misdemeanor, punishable by imprisonment not to exceed one (1) year, or by a fine not to exceed five thousand dollars ($5,000), or by both such confinement and fine, for any person to: 1. Conduct an indoor or outdoor public display of fireworks without a properly issued city permit or in violation of a properly issued city permit; 5 Repeal and Reenact Ch. 13.05 KCC Fireworks 2. Discharge special effects or articles pyrotechnic without a properly issued city permit or in violation of a properly issued city permit; 3. Make any misrepresentation of fact, or knowingly permit any misrepresentation of fact, on any application for a city permit required pursuant to this chapter; 4. Possess or store in excess of 20 pounds of fireworks, except when such possession or storage is incidental to a properly issued city permit; or 5. Discharge or use fireworks in a reckless manner. “Reckless manner” exists when the use or discharge creates a substantial risk of death or serious physical injury to any person or damage to any property. B. Any person violating any provision of this chapter not set forth in subsection A of this section shall be deemed to have committed a class 1 civil infraction as set forth in RCW 7.80.120; provided, in lieu of a class 1 civil infraction, a person under the age of 18 who commits an infraction while not under the supervision of a responsible adult shall be subject to a fine not to exceed 10 times their age at the time of the infraction. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court; provided an infraction issued to a person under the age of 16 shall be filed in the King County juvenile court. When assessing a penalty under this section, the court shall, in all cases, provide the violator with the option of converting the fine into community service hours. C. For the purposes of this section, the term “person” shall be defined as it is in RCW 9A.04.110 as now enacted or hereafter amended or recodified. D. When a corporation, joint stock association, or unincorporated association is deemed guilty of a gross misdemeanor under subsection A of 6 Repeal and Reenact Ch. 13.05 KCC Fireworks this section, the corporation shall, in lieu of jail, be punished by a fine of $5,000 plus any applicable costs and assessments. E. Restitution shall be considered, and when appropriate, assessed against any person, corporation, joint stock association, or unincorporated association deemed guilty of an offense set forth in subsection A of this section. Sec. 13.05.070. Seizure of fireworks. A. Fireworks that are sold, possessed, or discharged in violation of this chapter are subject to seizure and forfeiture, and no property right shall exist in them. B. Fireworks may be seized by the city by process issued by municipal or superior court. A law enforcement officer may seize, without process, fireworks that the officer has probable cause to believe were sold, possessed, or discharged in violation of this chapter, or fireworks that were seized incident to a lawful arrest. C. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The city shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule, including without limitation service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15 day period following the seizure. D. If no person notifies the city in writing of the person's claim of ownership or right to possession of the items specified in subsection (A) of 7 Repeal and Reenact Ch. 13.05 KCC Fireworks this section within 30 days of the seizure, the item seized shall be deemed forfeited. E. If a person notifies the city in writing of the person's claim of ownership or right to possession of the seized property within 30 days of the seizure, the city shall give the person a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the city fire official and shall occur within 90 days of the city’s receipt of written notice of the claim of right. Property deemed forfeited may be destroyed or otherwise disposed of after 15 days from the issuance of the determination of forfeiture, unless the city receives written notice of an appeal to superior court. The city shall promptly return the property to the claimant upon a determination that the claimant is the present lawful owner or is lawfully entitled to possession of the property. F. In lieu of the above process, the person from whom the fireworks were seized may waive his or her claim to any right in the fireworks, and upon such waiver, the city shall deem the fireworks forfeited. G. In the event fireworks in the presence of an officer are not claimed by any person then present, the fireworks will be deemed abandoned property, and the officer may seize them. Abandoned fireworks may be summarily destroyed or otherwise disposed of, and the process set forth in this section shall not apply. SECTION 3. – Savings. The existing Chapter 13.05 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal 8 Repeal and Reenact Ch. 13.05 KCC Fireworks laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5. – Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. – Effective Date. This ordinance shall take effect and be in force one year from and after its adoption as provided by RCW 70.77.250. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 9 Repeal and Reenact Ch. 13.05 KCC Fireworks PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\kcc 13.05 - fireworks final.docx 10 Repeal and Reenact Ch. 13.05 KCC Fireworks ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, prohibiting the sale, possession, and discharge of consumer fireworks, while allowing public displays of fireworks and the use of fireworks in theatrical presentations, both conditioned upon the issuance of a city permit. RECITALS A. Through its adoption of Resolution No. 1913 on July 28, 2015, the council determined that the interests of the city would be best served by placing before voters an advisory proposition asking whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent. B. Advisory Proposition 1 appeared on the November 3, 2015, ballot, and asked the following question of the voters: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. C. As of November 10, 2015, a majority of voters have answered the question set forth in Advisory Proposition 1 in the affirmative. D. In light of voter recommendation, the council repeals the city’s existing fireworks regulations, and enacts an ordinance that will 1 Repeal and Reenact Ch. 13.05 KCC Fireworks prohibit the sale, possession, and discharge of consumer fireworks, but will allow, in certain circumstances, the public display of fireworks and the use of fireworks in theatrical presentations conditioned upon a permit issued by the city. E. In accordance with RCW 70.77.250, this ordinance will become effective one year from the date of its adoption. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Repeal Chapter 13.05. Chapter 13.05 of the Kent City Code, entitled “Fireworks,” is repealed in its entirety. SECTION 2. – Enact New Chapter 13.05. The Kent City Code is amended to add a new Chapter 13.05 of the Kent City Code, entitled “Fireworks,” as follows: CHAPTER 13.05 FIREWORKS Sec. 13.05.010. Intent. At the November 3, 2015, election, the Kent City Council certified Advisory Proposition 1 to the voters. Advisory Proposition 1 asked the following question: Whether the sale, possession and discharge of consumer fireworks should be prohibited in the city of Kent. The prohibition of the sale, possession and discharge of consumer fireworks would not affect properly licensed and permitted public displays of fireworks. At the November 3, 2015, election, a majority of voters answered the above question in the affirmative. The city council, having determined that the prohibition of the sale, possession, and discharge of consumer 2 Repeal and Reenact Ch. 13.05 KCC Fireworks fireworks is requested by the voters and is in the interests of the public health, safety, and welfare, establishes this ordinance to prohibit the sale, possession, and discharge of consumer fireworks, to establish the circumstances in which public displays of fireworks and fireworks used in theatrical presentations are permitted, and to establish the penalty for a violation of the ordinance. Sec. 13.05.020. Definitions – References to Revised Code of Washington. A. The words and phrases used in this chapter shall be given the definitions contained in Chapter 70.77 of the Revised Code of Washington (“RCW”) as now enacted or hereafter amended or recodified. B. Any reference to a section of the RCW or the Washington Administrative Code (“WAC”) in this chapter shall refer to the chapter or section referenced and any amendment or recodification thereof. Sec. 13.05.030. Prohibited acts—Exceptions. A. Except as permitted in this chapter, the sale, possession, and discharge of fireworks of any kind within the city is prohibited. B. Notwithstanding the prohibition set forth in subsection A, the following shall be permitted in the city of Kent: 1. The public display of fireworks authorized by permit issued by the city; 2. The use of articles pyrotechnic and special effects, as defined by RCW 70.77.138 and RCW 70.77.146, when used in accordance with RCW 70.77.535 and when authorized by permit issued by the city; 3. The use by law enforcement or emergency response agencies of devices that may fall within the definition of firework, when such devices are used in furtherance of law enforcement or emergency response operations or training; 3 Repeal and Reenact Ch. 13.05 KCC Fireworks 4. The transportation of consumer fireworks through the city as part of interstate commerce; 5. The use of flares to warn motor vehicles of road hazards; or the use of torpedoes, flares, or fuses by railroads or other government transportation agencies for signal purposes as provided in RCW 70.77.530; 6. The use of agricultural and wildlife fireworks as defined by RCW 70.77.141 when used in accordance with RCW 70.77.311; 7. The possession, storage, or transportation of fireworks that is incidental to the permitted uses in this subsection. C. It shall be unlawful for an owner of property, or a person renting, leasing, or who has control over the use of property, to knowingly permit the property that he or she owns, rents, leases or has control over, to be utilized for the discharge of fireworks when the discharge of fireworks is not properly permitted pursuant to KCC 13.05.040. D. It shall be unlawful for any person to deposit fireworks or parts of fireworks, whether discharged or not, in or upon any street, sidewalk or other public place, except when the fireworks or parts of fireworks are deposited in private or public litter receptacles, and it shall be unlawful for a private property owner to fail to remove fireworks or parts of fireworks, whether discharged or not, that are not contained in a litter receptacle from private property that is open to the public within 72 hours of the deposit of such fireworks or parts of fireworks on the private property. Sec. 13.05.040. Permits. A. The city council designates the city’s fire marshal or the fire marshal’s designee as the fire official authorized to review permits required by this chapter or Chapter 70.77 RCW.; provided only those acts set forth in KCC 13.05.030(B) shall be permitted. 4 Repeal and Reenact Ch. 13.05 KCC Fireworks B. Except as required elsewhere in this chapter, the procedures, requirements, and conditions set forth in Chapter 70.77 RCW and Chapter 212-17 WAC, which are applicable to the submittal, consideration, or granting of permits filed with a city shall apply to the filing, review, and issuance of any permit required by this chapter. C. In reviewing an application for a permit, the fire official may consider relevant provisions in the fire codes, building codes, and health and sanitation codes adopted by the city in determining whether the discharge, possession, or storage of fireworks is performed in a safe manner or presents a risk to public health, safety, or welfare. D. A permit shall be obtained from the city fire official to: 1. Conduct an indoor or outdoor public display of fireworks of any kind; 2. Discharge special effects or articles pyrotechnic as defined in RCW 70.77.146 and RCW 70.77.138; or 3. Engage in any other activity that is not prohibited by this chapter but for which a city permit is required by Chapter 70.77 RCW or Chapter 212-17 WAC.1 DF. A permit will only issue under this section in the event a pyrotechnic operator licensed by the state of Washington is designated as the person to discharge the fireworks. The permit application shall designate the licensed pyrotechnic operator by name and Washington state license number. EG. As a condition of the issuance of any permit, the fire official retains the authority to revoke a permit at any time due to safety concerns. 1 Note: The Law Department is recommending this section be removed as it duplicates the language, purpose, and intent of KCC 13.05.030. 5 Repeal and Reenact Ch. 13.05 KCC Fireworks FB. The fee for any permit issued in accordance with this chapter shall be established by city council resolution. Sec. 13.05.050. Public display of fireworks – When permitted. A. A public display of fireworks may only be issued for the following events: 1. The city sanctioned July 4 celebration; 2. The city sanctioned annual tree lighting ceremony; 3. Events held at the Kent ShoWare Center, as that facility is currently named or as may be referred to by some other name in the future; 4. A high school or post-secondary education event; provided, the event is officially sanctioned by the governing body of the high school or post-secondary educational institution; 5. For wedding ceremonies; or 6. For cultural events. B. The issuance of a permit for a public display of fireworks for any other time or purpose is not permitted unless approved by the city council following consideration of the review, investigation, and recommendation of the fire official and subject to a public display permit issued by the fire official. Sec.13.05.060. Violations and penalties. A. It shall be a gross misdemeanor, punishable by imprisonment not to exceed one (1) year, or by a fine not to exceed five thousand dollars ($5,000), or by both such confinement and fine, for any person to: 1. Conduct an indoor or outdoor public display of fireworks without a properly issued city permit or in violation of a properly issued city permit; 6 Repeal and Reenact Ch. 13.05 KCC Fireworks 2. Discharge special effects or articles pyrotechnic without a properly issued city permit or in violation of a properly issued city permit; 3. Make any misrepresentation of fact, or knowingly permit any misrepresentation of fact, on any application for a city permit required pursuant to this chapter; 4. Possess or store in excess of 20 pounds of fireworks, except when such possession or storage is incidental to a properly issued city permit; or 5. Discharge or use fireworks in a reckless manner. “Reckless manner” exists when the use or discharge creates a substantial risk of death or serious physical injury to any person or damage to any property. B. Any person violating any provision of this chapter not set forth in subsection A of this section shall be deemed to have committed a class 1 civil infraction as set forth in RCW 7.80.120; provided, in lieu of a class 1 civil infraction, a person under the age of 18 who commits an infraction while not under the supervision of a responsible adult shall be subject to a fine not to exceed 10 times their age at the time of the infraction. An infraction issued pursuant to this section shall be filed in the Kent municipal court and processed in the same manner as other infractions filed in the Kent municipal court; provided an infraction issued to a person under the age of 16 shall be filed in the King County juvenile court. When assessing a penalty under this section, the court shall, in all cases, provide the violator with the option of converting the fine into community service hours. C. For the purposes of this section, the term “person” shall be defined as it is in RCW 9A.04.110 as now enacted or hereafter amended or recodified. D. When a corporation, joint stock association, or unincorporated association is deemed guilty of a gross misdemeanor under subsection A of 7 Repeal and Reenact Ch. 13.05 KCC Fireworks this section, the corporation shall, in lieu of jail, be punished by a fine of $5,000 plus any applicable costs and assessments. E. Restitution shall be considered, and when appropriate, assessed against any person, corporation, joint stock association, or unincorporated association deemed guilty of an offense set forth in subsection A of this section. Sec. 13.05.070. Seizure of fireworks. A. Fireworks that are sold, possessed, or discharged in violation of this chapter are subject to seizure and forfeiture, and no property right shall exist in them. B. Fireworks may be seized by the city by process issued by municipal or superior court. A law enforcement officer may seize, without process, fireworks that the officer has probable cause to believe were sold, possessed, or discharged in violation of this chapter, or fireworks that were seized incident to a lawful arrest. C. In the event of seizure pursuant to this section, proceedings for forfeiture shall be deemed commenced by the seizure. The city shall cause notice to be served within 15 days following the seizure on the owner of the property seized and the person in charge thereof and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the seized property. The notice of seizure may be served by any method authorized by law or court rule, including without limitation service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the 15 day period following the seizure. D. If no person notifies the city in writing of the person's claim of ownership or right to possession of the items specified in subsection (A) of 8 Repeal and Reenact Ch. 13.05 KCC Fireworks this section within 30 days of the seizure, the item seized shall be deemed forfeited. E. If a person notifies the city in writing of the person's claim of ownership or right to possession of the seized property within 30 days of the seizure, the city shall give the person a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the city fire official and shall occur within 90 days of the city’s receipt of written notice of the claim of right. Property deemed forfeited may be destroyed or otherwise disposed of after 15 days from the issuance of the determination of forfeiture, unless the city receives written notice of an appeal to superior court. The city shall promptly return the property to the claimant upon a determination that the claimant is the present lawful owner or is lawfully entitled to possession of the property. F. In lieu of the above process, the person from whom the fireworks were seized may waive his or her claim to any right in the fireworks, and upon such waiver, the city shall deem the fireworks forfeited. G. In the event fireworks in the presence of an officer are not claimed by any person then present, the fireworks will be deemed abandoned property, and the officer may seize them. Abandoned fireworks may be summarily destroyed or otherwise disposed of, and the process set forth in this section shall not apply. SECTION 3. – Savings. The existing Chapter 13.05 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 4. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal 9 Repeal and Reenact Ch. 13.05 KCC Fireworks laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5. – Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. – Effective Date. This ordinance shall take effect and be in force one year from and after its adoption as provided by RCW 70.77.250. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 10 Repeal and Reenact Ch. 13.05 KCC Fireworks PASSED: day of , 2016. APPROVED: day of , 2016. PUBLISHED: day of , 2016. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK p:\civil\ordinance\ordinance amending 13.05 strike through and underline version.docx 11 Repeal and Reenact Ch. 13.05 KCC Fireworks This page intentionally left blank. Agenda Item: Bids – 9A_ TO: City Council DATE: February 16, 2016 SUBJECT: 72nd Avenue S. Extension, S. 196th Street to S. 200th Street Project – Award SUMMARY: The project will extend 72nd Avenue South from South 200th Street to South 196th Street with a three lane road section along most of its length, and a four lane section at the South 196th Street intersection. The improvements will include a bridge over Mill Creek, curbs, gutters, sidewalks, storm drainage, street trees, street lighting and traffic signal modifications at South 196th Street. EXHIBITS: Memo dated February 2, 2016 RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Project funding includes $1,182,420 from the Transportation Improvement Board, $1,200,000 from the Regional Fire Authority and the remainder from Traffic Impact Fees and the Storm Drainage Fund. MOTION: Award the 72nd Avenue South Extension, South 196th Street to South 200th Street, project to Scarsella Brothers Inc. in the amount of $2,692,813.01 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: February 2, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: 72nd Avenue South Extension South 196th Street to South 200th Street - Award Bid opening for this project was held on Tuesday February 2, 2016 with six (6) bids received. The lowest responsible and responsive bid was submitted by Scarsella Brothers, Inc. in the amount of $2,692,813.01. The Engineer's estimate was $2,816,580.00. The Public Works Director recommends awarding this contract to Scarsella Brothers, Inc. Bid Summary 01. Scarsella Brothers, Inc. $2,692,813.01 02. Rodarte Construction, Inc. $2,979,810.00 03. Johansen Excavating, Inc. $3,132,746.50 04. DPK Inc. $3,239,445.00 05. Quigg Brothers, Inc. $3,297,800.00 06. C.A. Carey Corporation $3,450,145.00 Engineer's Estimate $2,816,580.00 This page intentionally left blank. Agenda Item: Bids – 9B_ TO: City Council DATE: February 16, 2016 SUBJECT: James Street Pump Station – Award SUMMARY: The City’s James Street Stormwater Pump Station is located just north of James Street near Woodford Ave North. This pump station cannot keep up with existing flows on James Street. A new pump station will help alleviate local flooding of James Street at Mill Creek. The improvements are being built in three phases. The first two phases of this project included construction of stormwater force main piping along Central Avenue to the Horseshoe Acres Pump Station. This final phase includes the pump station, connection to the existing main and installation of a stormwater sediment vault to prevent sediment from entering Mill Creek. This pump station project consists of installing a 120 inch diameter storm water pump station, diesel standby generator and electrical/communication system along with three shelters for the aforementioned facilities. This project also consists of the installation of a stormwater sediment vault at Clark Street prior to the storm drain outfall to Mill Creek. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACTS: Funding for this project is from the Storm Drainage Utility and partial funding of the stormwater vault by the Washington State Department of Ecology Stormwater Grant. MOTION: Award the James Street Pump Station Project to Rodarte Construction, Inc. in the amount of $2,329,398.98 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: February 9, 2016 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: James Street Pump Station - Award Bid opening for this project was held on Tuesday February 9, 2016 with six (6) bids received. The lowest responsible and responsive bid was submitted by Rodarte Construction, Inc. in the amount of $2,329,398.98. The Engineer's estimate was $2,196,835.54. The Public Works Director recommends awarding this contract to Rodarte Construction, Inc. Bid Summary 01. Rodarte Construction, Inc. $3,329,398.98 02. Award Construction, Inc. $2,608,533.64 03. R.W. Scott Construction Co. $2,663,645.54 04. Road Construction Northwest, Inc. $2,667,419.73 05. Pacific Civil & Infrastructure $2,776,949.02 06. Gary Harper Construction, Inc. $2,901,485.01 Engineer's Estimate $2,196,835.54 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. Page 1 of 7 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 02/16/16 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 16, 2016 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • The City Council held its annual retreat on Friday and Saturday, February 5-6, at Meridian Valley Country Club. Topics included strategic planning, council roles/responsibilities, the Financial Sustainability Task Force, Sound Transit, code enforcement, homelessness, landlord/tenant issues, and marijuana policy. The Mayor’s Leadership Team will have a follow-up retreat in March to make sure we’re on track to implement the council’s direction. • Local government issues took a bit of backseat in the Legislature’s fourth week amidst the controversy over the secretary of transportation’s ouster and the secretary of corrections’ resignation. • The mayor, several city councilmembers, and staff attended a neighborhood meeting regarding Pine Tree Park on February 4 to listen to resident concerns regarding the sale of the property. • New Human Resources Director Marty Fisher started on Monday, February 8. • The Public Safety Committee discussed the council’s draft fireworks ordinance on February 9. The ordinance will now go to full Council. • Kent’s Neighborhood Program wants to recognize unique neighborhoods in the community and build partnerships between the City and its residents. The Neighborhood Program held its 9th Annual Leadership Workshop on Saturday, January 23 at the Kent Senior Activity Center. This year, in keeping the communication theme going, special guest speaker Lisa Voso presented, “How to Overcome the Inherent Challenges with E-mail Communication” Page 2 of 7 ECONOMIC AND COMMUNITY DEVELOPMENT • Economic Development Division o Staff is evaluating out-of-state hotel development interest for the Naden Ave Assemblage. o Staff, in collaboration with public works and the urban design and civil engineering consultants from KPG, is designing a second scope of work. Key aspects under consideration include a street design manual for Meeker, street sections, phasing, and charting “public points” for public input and involvement. o Economic and community development staff and health and human services staff met with representatives of Goodwill Industries to talk about their planned expansion into Kent, and interest in working with Lynn Strickland of AJAC and Green River College to bring more workforce training programs aimed at the aerospace sector into the community. o Staff is hosting tenant representatives of regional, small-format; premier groceries who are interested to learn more about data the City can provide that illustrate demand for their clients. o Staff met with Blue Origin operations personnel to discuss their rapid expansion plans and provide information on space-industry pertinent legislation under consideration in Olympia. • Planning Services Division o The Economic and Community Development (ECD) Committee recommended a code amendment providing flexibility in locating elder care facilities in the Community Commercial and General Commercial mixed use zoning districts. The recommendation would give seniors more choices to become active in their community by ensuring that facilities are located in walking distance of relevant amenities such as parks, schools, recreation centers, and retail. o The ECD Committee also recommended a code amendment to provide emergency housing in duplex multifamily zoning districts when connected to a church or other similar religious facility. This amendment is the first step in providing permanent facilities for the emergency housing needs of the community. o ECD staff continues to work with public works staff, Sound Transit, WSDOT and other jurisdictions regarding preferences for streetscape design standards, pedestrian and bike connections, design themes, and so forth for the Kent-Highline College and S. 272nd Street light rail stations. The Sound Transit Capital Committee meets this week to recommend funding for preliminary engineering work for the light rail extension all the way to the Federal Way transit center. FINANCE • Finance continues to work with our financial advisor, bond counsel, and underwriter on preparation for refunding two bond series, 2008A LTGO and 2008 Sales Tax Bonds issued by the Public Facilities District (PFD). Finance provided an overview of the potential bond refundings at the council workshop and will look for the operations committee to give direction on whether or not the City should continue down this path at their committee meeting on February 16. The city clerk set a special meeting for the PFD Board to discuss the potential refunding of the PFD bonds on February 18. • Finance has begun work in earnest on the 2017 – 2018 biennial budget process. Staff is working with our internal services funds to develop rates for the coming Page 3 of 7 biennium. Staff is also working on updating our budget book to meet GFOA (Government Finance Officers Association) standards. • The Year-End process is moving along well and we are on target for completion and presentation of the City’s 2015 financial statements and notes to SAO (State Auditor’s Office) in mid-April. Finance staff, along with staff from all departments, has been working extremely hard to meet the tight timeline requirements for a successful year- end close. HUMAN RESOURCES • Labor, Compensation & Classification o AFSCME Salary Survey work has begun. o The Officer and Sergeant contract was delivered to the legal department for review and then to the Mayor for signature. • Recruitment o New Hires for February 1 - 8  Rhonda Bylin – Admin. Assistant I – Economic & Community Development  Marty Fisher – Director – Human Resources  Leann Grip – Admin. Assistant I – Economic & Community Development • Risk Management o Jennifer Davidson has joined the team as a Risk Management Analyst, effective February 16. INFORMATION TECHNOLOGY • February Employee of the Month was our technical services team member, Marta Gonzalez. When she started in the department, one of the first traits noticed was her drive to understand and figure things out. If she didn’t know the answer, she would take time and research it. Her sense of humor is so refreshing and is always bringing smiles to the faces of everyone that she meets. Marta is always willing to help however she can. When assigned tasks and projects, we can always count on her to have them done as quickly as possible and with a level that reflects the pride she has in her work. She is always striving to improve and become more efficient without sacrificing service or quality. LAW • The department continues to work on code enforcement issues o Assistant City Attorney, Victoria Robben has spent a decent amount of time on the LEAN workshop, including revising the admonishment letter that is sent out by the Economic and Community Development Department and preparing A-3s for structured problem solving of other areas in the code enforcement process (options post NOV and Final Correction Notice vs. Voluntary Correction Agreement). o Staff advised the fire department on options for proceeding with formal code enforcement following a breached Voluntary Correction Agreement with Ecco Manufacturing. o Staff corresponded with legal counsel for Sears regarding fire code violations at the Kent warehouse and options for bringing property into compliance, including reasonable deadlines. o The bankruptcy attorney for a property owner in Kent was contacted who claimed her property was bought by the bank and therefore she didn’t have any responsibility for maintaining the property. The bankruptcy attorney assisted his client with Page 4 of 7 understanding the house had not yet been foreclosed on and encouraged her to work with us. The property has since been cleaned up and the property owner has signed a trespass agreement with the Kent Police Department. o Staff advised the Economic and Community Development Department staff on options for entering into settlement agreements in lieu of mitigation hearings. PARKS, RECREATION, AND COMMUNITY SERVICES • Facilities Division Highlights o The majority of Custodians changed area assignments beginning the week of January 24. This was a very smooth process. o Carpets were cleaned on third floor of City Hall, the second floor on the information technology side and elevators. o At the corrections facility, a new counter top was installed in the medical room, new flooring is scheduled to be installed in the kitchen store room, and repairs made to the boiler. o Four (4) new hollow metal doors, with new hardware and combo locks were installed at the RFA Station 71 repairs made to a water leak and wall. o Continued project management of the Riverbend HVAC project, which is near completion. o Removed birds from ductwork at the Senior Center. o Replaced 100 gallon hot water tank in police headquarters. • Park Operations o Park Operations staff is replacing a 15-year old playground at Linda Heights Park utilizing park fee-in lieu funds. The project is being done by an in-house team from design thru installation with a completion date in the week of February 29, weather dependent. • Recreation o The 2016 Youth Basketball season is underway with over 1,100 elementary and middle school age participants assigned to 118 teams. The program emphasizes fun, exercise, learning new skills, sportsmanship and competition for the participants while behind the scenes, significant coordination and administrative support is required. In December, 118 businesses and private individuals stepped up to sponsor every team; 175 volunteer coaches were recruited, vetted, and trained; 50 sports officials were hired, processed, and trained; and over 225 background checks were conducted. Over 354 hours of team practices are scheduled weekly in close to 30 school gymnasiums. Most of the 60 weekly games are scheduled on weekends at 7- 10 school sites requiring weekly scheduling of referees and gym supervisors. This diverse and inclusive program is an excellent example of the Parks Department’s dedication to enriching lives. It also clearly illustrates the value of our excellent 50+ year relationship with the Kent School District. • Senior Center o The Senior Activity Center hosted the first meeting of the Kent Iraqi Senior Group. Organized at the suggestion of the Iraqi Community Center, this program is designed to be an opportunity for Iraqi older adults to get out of the isolation of their homes during the day, visit with friends, and participate in activities. It was a successful introductory meeting with nine in attendance. Participants are already looking Page 5 of 7 forward to the next meeting which will include a tour of the Senior Activity Center as well as work toward their goals and interests for the group. • Youth-Teen-Adaptive o Over 30 athletes on three teams participated in the 2016 Adaptive Recreation Basketball program. Over the course of the eight weeks, the athletes work on physical training, skill development, and sportsmanship in addition to multiple opportunities for competition. The teams, led by six coaches and three volunteers, proudly closed out their season at the Special Olympics regional tournament on January 31 bringing home 1st, 4th and 7th place finishes. POLICE • Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions o Two conditional offers were made to entry level officer candidates. o Evidence Custodian Interviews completed. o Kent will be participating in a multi-agency Women and Law Enforcement Career Fair at the training academy in Burien, Saturday, February 13, from 10 a.m. – 2 p.m. o James Sherwood, Corey Chapman, Sean Goforth, and Matthew Murphy will be sworn in at the council meeting. • Significant crime activities/arrests/investigations o A shooting occurred February 6, at 1:30pm at the Birchcreek Apartments as a result of a dispute between residents. No injuries. There is probable cause to arrest the suspect and detectives are investigating. o An adult male was robbed of his backpack that contained a small safe with $2200 at 146th and 284th on February 6. The victim knows the male adult suspects by first names. o There was a robbery at gunpoint on February 7, at 6:30pm at 272nd and 132nd. A 16-year old male was arrested. o A robbery/carjacking with a pistol occurred on February 8 at 2:35 a.m. in the area of 25700 27th Place South. The victims were pulled out of the vehicle. The case is under investigation. • Major emphasis patrol o Special Operations Unit (SOU – bicycle officers) has had an increase in call volume with a problem homeless/mental health adult female the last couple weeks and she has been causing problems for several downtown businesses. She was arrested twice this week. Officers then began working with the King County Mental Health Professionals (MHP) , the city prosecutor’s office as well as the public defender’s office (who has additional resources for the mentally ill). We were able to get the MHP’s to evaluate her at the jail, and she was taken on a mandatory 72 hour hold. The MHP’s were certain that she would be held on a 90-day mental health hold. Two bike officers specializing in mental health problems will attend mental health court to assist in this. The public defender’s office is also assisting in some possible housing options when she is eventually released. It took a lot of work and follow through to make this happen, but it will reduce the resources that have been spent in dealing with her the last few weeks. o SOU has been conducting daily walkthroughs of the Senior Center in response to complaints about transients coming inside. This has been well received by the seniors, and staff. Page 6 of 7 o SOU assisted NRT (Neighborhood Response Team) with targeted patrols at Signature Point and the Lakes area due to the residential burglaries recently. We will continue this effort moving forward. o Patrol and SOU have also been conducting daily extra patrols and contacting businesses at the Great Wall shopping center in an effort to reduce vehicle prowls in the area and develop a relationship with the community. o Patrol and the SOU team on the East Hill have been making numerous contacts in the area of 108th and S. 240th St. and have been assisting in cleaning up the area near a business park in the area of 10700 S. 256th St. The businesses are pleased with the efforts and feel safer with their comings and goings. • School issues o Commander Kasner met with both school officials and a prosecutor from King County Juvenile. We now getting support from the prosecutor to better deal with the select problem individuals that impact the KM/McDonalds area and instigate problems. • Events and awards o Officers Ferguson and Birkhofer responded to a CPR in progress call. When they arrived, the deceased’s son was performing CPR. Officer Ferguson took over the CPR while Officer Birkhofer administered the AED while waiting for Kent Fire to arrive. The female was eventually pronounced dead due to severe health issues. Since the patient did not recover this does not qualify for a lifesaving award, however, Officers Ferguson and Birkhofer did an outstanding job in immediately taking over resuscitation efforts and ensuring the family was taken care of. They represented KPD very well. PUBLIC WORKS • Street concrete crew is concentrating on finishing up on James St. while maintenance is working on completing Meeker St. and moving on to blading alleys in the Mill Creek area. • Signs and Markings Crews are will be concentrating on a temporary lane closure on south 212th near WinCo as well as replacing and repairing signs throughout the city. • Vegetation pond group crew is continuing work on the Green River Natural Resource Area (GRNRA) pump station irrigation system removal and replacement. • Water Source and Supply is working with the contractor on the Guiberson Reservoir located on Scenic Hill. It is now off-line and being drained for the influent pipe modification and reservoir lining project. It is expected that the reservoir will be off-line for 4-weeks to complete both of these projects. • Storm crews are installing a storm overflow line on 132nd and 278th. They also installed a new catch basin and overflow pipe on 148th, south of 240th as an emergency repair. • Sewer crews are working to complete the valve install at Lindental, which includes redoing the channel. • Operations Personnel o Randy Pulkrabek was selected to fill our vacant water treatment plant operator position in the Source & Supply Section of the Water Division. o Interviews are currently underway for the Maintenance Worker 2 position in our Water Mains and Services Department. Page 7 of 7 o Marcus Hoff was selected for the Maintenance Worker 3 position in the Sewer department. • Design o James St. Pump Station – We received 6 bids yesterday and the apparent low bidder is Rodarte Construction from Auburn. o The Asphalt overlays project was advertised on February 2. Bid opening is February 16. • Land Survey o Construction Surveying: Central Ave. South Improvements o Design Surveying: 80th Ave., James St., 228th/UPRR Grade Separation and the 224th Phase 1A. • Construction o Armstrong Springs Generator: Clearing and grubbing has begun and the contractor is performing the site work (placement of block walls and placement of imported fill) this week followed by conduit installation and prepping for a concrete equipment pad. o Kent Kangley Pedestrian Improvements: This contract is fully executed with RW Scott Construction Co. from Auburn. The Preconstruction Meeting is scheduled for Wednesday, February 17. o 72nd Ave Extension: The bid opening for this project took place on Tuesday, February 2 with the apparent low bidder being Scarsella Brothers, Inc. • Transportation o Sound Transit identified some additional funds to extend preliminary engineering for the Federal Wway Link Extension to the Federal Way station which will include the station at S. 272nd Street. Staff will testify at the Sound Transit Capital meeting in support of the project on Thursday, February 11. o The City of Kent will be provided an environmental assessment from the Washington State Department of Health for the Landsburg Mine on Thursday, February 11. • Environmental o There was a pre-application meeting on Wednesday, February 10 with the Corps on wetland mitigation for the Mill Creek Reestablishment, South 224th St. and the Clark Springs Habitat Conservation Measures. o The Water Resource Inventory Area (WRIA) 9 Watershed Ecosystem Forum meeting was on February 2, which includes a path forward on the Green River System Wide Improvement Framework (SWIF). o Staff met with the Mill Creek Neighborhood on February 11 regarding the projects scheduled on James St. this year, including the Mill Creek Pump Station construction, the James St. Water Main Replacement, Landscaping Improvements and Overlay Projects. # # # This page intentionally left blank. EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) ACTION AFTER EXECUTIVE SESSION