HomeMy WebLinkAbout02-02-2015 CITY COUNCIL AGENDA MODIFICATION (PDF ONLY) *
CITY OF_ * �*
� � � '��� � �
'� WASHINGTON
TO: Members of the City Council
Mayor Backus
Department Directors
FROM: Danielle Daskam, City Clerk
SIJBJECT: Agenda Modification
DATE: February 2, 2015
The February 2, 2015, City Council agenda is modified as follows:
XI. RESOLUTIONS
Modify the following resolutions:
Resolution No. 5119* (Coleman)
Substitute page 2 of the resolution tb correct a scrivener's error in
paragraph 2.
Resolution No. 5121' (Snyder)
Substitute page for proposed modification related to TIP#68.
Add the following resolutions:
Resolution No. 5127` (Snyder/Faber)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a grant contract between the City of
Auburn and the State of Washington Department of Commerce
relating to Project IVo. CP1412, Auburn Community Center
Resolution No. 5128' (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the City to expend funds to abate the litter, junk, �qarbage,
health concerns and attractive nuisance cbnditions at 625 9" Street
SE, in the city of Auburn
WHEREAS, following a favorable vote on the annexation proposition, the City
Council of the City of Auburn, Washington, adopted its Ordinance No. 6121, on
September 17, 2007, annexing said Lea Hill Annexation Area, an annexation area that
has a population of at least ten thousand people; and
WHEREAS, the City Council of the City of Auburn, Washington, finds and
determines that the projected cost of at least $6,214,221.00 to provide municipal
services to the annexation area exceeds the projected general revenue estimated to be
$5,849,649.00 that the City would otherwise receive from the annexation area on an
annual basis; and
WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the
circumstances of this annexation, to impose a sales and use tax as authorized with that
tax being a credit against the state tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The Auburn City Council does hereby authorize the
City's Finance Director to set the threshold for imposing the sales and use tax credit at
two million three hundred fifty thousand dollars ($2,350,000.00) for the Lea Hill
annexation area.
Section 2. Imptementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary to carry
out the directions of this Resolution.
------------------------
Resolution No. 5119
January 27, 2015
Page 2 of 3
Citv ofA:�burn Trnnsporlurion /mproveitten( Progrum
Six Year Transportation provement:Plan TIP# 68
ARTERIAL STREET FUND (1 ERIAL PRESERVATION�FUND(705)
Project Title: A Str nd 37th St SE STIP#AUB-XX
Project No: CP1 2
ProjectType: Non-Ca , S ety
Project Manager: Ryan Von ak LOS Corridor ID# 10
Description:
Widen the intersection for a u-turn, install an int rcon affic signal, overlay lhe intersedion, and upgrade curb ramps.
Progress Summary:
Federal Grant was awarded in 2014.
Future Impact on Operating Budget:
The annual mainlenance cosl tor Ihis projed is estimated to be$2,500.
ACuvlty: 2074 YE Bud Forecaet Pro ect Cost
Funding Sources: Prlor to 2014 Estlmate 2075 20 17 2018 3079 2040 Be ond 2020 Total Pro act Cost
Unresfncted Street Revenue - - 55,000 - - - - - 55,000
Securetl Federal Grant - - 156,900 635,360 - - - - 792,260
Trallic Impact Fees - - - - - - _ _ _
Artenal P2serv.Funds(105) B7 240 87 240
TotelFunding Sources: - - 217,900 722,600 w - - - 934,b00 .
Capftal Expanditures: ^/( \_
P2-Design - - 10,500 - - - R - - - 10,500
Design - - 135,000 - - - - - 135,000
Righf olWay - - 66,400 - - - - - 66,400
Construction 722 60� 722 600
ToWIEx enditures: 211900 722600 934600
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/ntersectron, Trnffic Srgnul, & /melliRenr Trnnsporlulron Sysle�ns Improvemem Projecis 64
*
�CIiY OF_ � /•
� ; _-.II� AGENDA BILL APPROVAL FORM
WASHINGTON
Title: Resolution No. 5127 Agenda Category: Resolution Date:
1129/2015
De artment: CD & PW Bud et Im act: $0.00
Administrative Recommendation:
Cit Council ado t Resolution No. 5127
Background Summary:
Resolution No. 5127 authorizes the Mayor to execute the grant contract agreement with the Oepartment of
Commerce for the Auburn Community Center project. The City was awarded this grant by the Washington
State Legislature in 2013 in the amount of$3,000,000.00. The Contract is in the amount of$2,950,000.00
due to the requirement by the Department of Commerce to retain $50,000.00 for the Department's
administrative costs. There is no match requirement for the grant funds.
The Auburn Community Center project will design and construct a new Community and Youth Center at
the north end of the Les Gove Community Campus. The project will construct approximately 13,600 SF of
new building space and renovate approximately 7,400 SF of the existing Parks and Recreation
Administration Building to create a Community and Youth center with approximately 21,000 SF of total
space.
Currently, the grant award stipulates that grant funds not expended by June 30, 2015 will lapse. To
address this, staff has been and will continue to work with the Department of Commerce to obtain an
extension through June 30, 2016. However, the extension can not be processed by the Department until
this Contract is executed.
List Attachments: Resolution No. 5127 and Exhibit A
Reviewetl b Councll Atl Hoc Committees or Commissions:
Other:
Meetin Date: 2/2/2015 Staff: Sn der/Faber
Updated 12/30/2014
RESOLUTION NO. 5 1 2 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE A GRANT CONTRACT BETWEEN THE
CITY OF AUBURN AND THE STATE OF WASHINGTON
DEPARTMENT OF COMMERCE RELATING TO PROJECT
NO. CP1412, AUBURN COMMUNITY CENTER
WHEREAS, in 2013, the Washington State Legislature authorized an award fo the
City of Aubum of grant funds in the amount of $2,950,000.00 for the purpose of building
a community center in the City of Auburn; and
WHEREAS, the Washington State Department of Commerce is responsible for
administering state funds which are assigned to the Department by the Governor or the
Washington State Legislature; and
WHEREAS, the City of Auburn is eligible to receive this grant funding; and
WHEREAS, it is in the best interest of and advantageous to the City to use such
grant monies to finance construction of the Auburn Community Center.
NOW, THEREFORE, THE CITY COUNGIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute a contract between the
City and the Washington State Department of Commerce, in substantial conformity with
the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
------------------------
Resolution No. 51Q7
January 29, 2015
Page 1
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2015.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
aniel B. ,
City Attomey
-------------------------
Resolution No. 5127
January 29, 2015
Page 2
� ' ��p�rtrnent of ��rx� m�rce
Innovation is in our r�atur�.
Grant to
City of Auburn
through
The Projects that Strengthen Youth & Families Program
For
Auburn Community Center at Les Grove Park Campus - Fu.nds will
be used to construct the Auburn Community Center to be used for
educational, cultura.l, a.nd social activities.
Start date: 7/1/2013
Washington State Department of Commerce
www.commerce.wa.gov
ResoWtion 5127
Exhibit A
Resolulion 5127 '
6chibit A
. TARLE OF CONTENTS
FaceSheet..�::................................................................................................................ 1
Special Terms and Conditions ................................................................:....................... 2
1. Grant Management..:.....................................::........::::............ ::...........:: 2
2. Compensation ...:.............:�::......:�::::............::.......................................... 2
_..
3. Certification of Funds Performance Measures ....:.................................... 2
4. Prevailing Wage Law............................................................................... 3
5. Documentation and Security.........:.:.:::............:.:.........:.............:�::.......... 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property.... 4
7. Expenditures Eligible for Reimbursement................................................4
8. Billing Procedures and Payment...................:...............................:..........4 i
9. Insurance................................:............:.�::............................................... 5 '
10. Order of Precedence :..............................................................................6
11. Reduction in Funds.................................................................................. 7
12. Ownership of ProjecUCapital Facilities....................:...........:�:.:.......:.::�.... 7 I
13. Change of Ownership or Use for GRANTEE-Owned Property.................7
14. Change of Use for Leased Property Performanoe Measure..................... 7 i
15. Modific8tion to the Project Buclget..........................:................:.........::.::.. 8 ;
16. Signage, Markers and Publications:............:,:::.........:.............................. 8 '
17. Historical and Cultural Art'rfacts................................................................ 8 !
18. Reappropriation....................................................................................... 8
19. Recapture....................................................................:.:..........�::............ B ;
20. Termination for Fraud or Misrepresentation ............................................. 9 i
_.
General Terms and Conditions ....................................................................................... 1 '
1. Definitions.............................................:.::..........:�:..........�:............:.::...... 1
2. Access to Data :.......:.:�:.:::.......::.............................................................. 1
3. Advance Payments Prohibited................................................................. 1
4. All Writings Contained Herein............................................................:.::.. 1
5. Amendments ...........................................::.::.........:::...........�.:.........:...:... 1
6. Americans with Disabilities Act (ADA)......................................................2
7. Assignment.............................................................................................. 2
8. Attorney's Fees.....................................................................:::::..........:::. 2
9. Audit.....................................::......:,::...........:.:�........................................ 2
10. Confidentiality/Safeguarding of Information.....,........................................ 3
11. Gonflict of Interest......................
............................................................. 3
12. Copyright Provision................................................................................::4
13. Disputes ..............................................:.............�........,..�.:.......................4
14. Duplicate Payment.....::,.�::.......:::.........::...........................:...................... 5
15. Governing Law and Venue ...................................................................... 5
16. Indemnification ........................................................................................ 5
17. Independent Capacity of the Grantee ...............................:::.........:..:.:..... 5
18. Industrial Insurance Coverage....:::.......... . ::........::......:.....:.................... 5
19. Laws........:.........�::............::�::.....::........................................................... 5
20. Licensing, Accreditation and Registration ................................................ 6
21. LimitationofAuthority.....................:::.............::.......::...........�.::........:...... 6
22. Noncompliance with Nondiscrimination Laws .......................................... 6
23. PoliticalActivities........................................................................:............ 6
24. Publicity...........................................................::......................:�::............ 7
25. Recapture.....:�::.......:::�...................:........................................................ 7
26. Records Maintenance..............................................................................7
27. Registration with Department of Revenue...........,..........:...:........::�:.......... 7
28. Right of Inspection..:................:........................................ ..........7
Resolution 5127
Ezhibit A � . .
29. Savings..............:.........:�:.......:.:............................................................... 7
30. Severability............................:.......................................................:......... 8
31. Site Secu�ity ....................:.................................:.....�:..........:................... 8
32: Subcontracting............................................,,...........,.........................,.:... 8
33. Survival.............:::........:......................................................:.................... B
34. Tazes.....................................::.........:,.....................................................8
35. Tertnination for Cause.........................................................:................... 8
36. Termination for Convenience................................................
...............
37. Terrnination Procedures:........:................................................................. 9
38. Treatment of Assets....................................:...........:::............................. 10
39. Waiver...:........................................................................................:.:.�.. 10 '
Attachmerit A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Cert�cation of Prevailing Wages; Attachment E, Certification of LEED
Resolution 5127
Exhibit A
I
. FACE SHEET �
Grant lYumber: 1493219-003 I
Washington State Department of Commerce � I
Community Services& Housing Divisioo I
Community Capital Facilitics Unif I
1. GRANTEE 2.GRANTCE Doing 6usiness As(optional)
Ciry of Auburn
25 West Main Street
Aubum, Washino on 98001
3.Grantee Represenlative 4.COMMERCE Representative
lima Dor� Sheryl Reed
Aubum Parks D'uector project Manager P.O. Box 42525
25�804311i (360)735-3074 1011 Plum StreetSE
Fas 360-586-5880 Olympia,WA 98504-3525
idore@aubumwa.gov sheryLreed@commerce.wa.gov
5.Grant Amount 6. FunJing Source 7.S[ar[ Datc 8. Eod Date
$3,950,000.00 Federal: ❑ State: � Ot6er: ❑ IY/A: ❑ 7/I/2013 6/302017
9. Federal Fuods(as applicable) Federal A2encv CFDA Number
1V/A N/A N/A
]0.7'azlD# 11. SWVk 12. UBI# 13. DUN5#
91-6001228 0002069-00 N/A
14.Grant Purpose
The outwme of this performance-based con[ract is to consWCt the Aubiun Community Center ro be used for educa[ional,culmral,
and social activities. az referenced in Attachment A—Scope of Work.
COMMERCE,defined as the Department of Commcrce,and the GRANTEE,as defined above,acl:nowledge a�d accept the tenns
of this Grant and attachments and have ezecuted this Grant on the date below ro start as of the dare and year referenced above. The
rights and obliga[ions of both parties[o this Gran[are go4erned by this Granl and the following olher documen[s incorpora[ed by
reference:� Grant Terms and Condi[ions including Attachmen["A"—Scope of Work,Attachmen["B"—8udge.t,Attachment"C"—
Certification of Availability of Funds to Complete the Project,Attachment"D"—Certification of[he Paymen[and Reportin�of
Prevailing Wages,Attachment"E"—Certification of Intent to Enter LEED process.
FOR CRANTEE FOR COMMERCE
Nancy Backus,Mayor ' Diane Klont�Assistant Direcror
I
Date Date I
APPROVED AS TO FORM OIYLY
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Date �/— � — /�
Resolulfon 5727 '
Exhibll A
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between the City of Aubum (a,unit of local govemment)
hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce
(hereinafter referred to as COMMERCE),WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050(5)to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or tfie Washington State LegislaWre; and
WHEREAS, the Washington State Legislature has, in Laws of 2013, 2nd Special Session,
CHapter 19, Section 1079, made an appropriation to support the Projects that Strengtlien Youth &
Families Program, and direcfed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for acquisition, construction, or rehabilitation (a venture hereinafter referted to as the
"ProjecY').
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
containeG, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall tie responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $2,950,000.00 for the capital costs necessary for or
incidental to the performance of work as set forth in tlie Scope of Work..
3. CERTIFICATION OF FUNDS P_ERFORMANCE MEASURES
A. The release of state funds under this contrect is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set foAh in ATTACHMENT C
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non-state sources may consist of a combination of any of tfie following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitrnent(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
ResoWtion�5127 Z
Exhibit A
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
vi) The value of real property when acquired solely for the purposes of thls Project, as
established and evidenced 6y a current market 4alue appraisal performed by a li.censed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospecfiye values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records su�cient to evidence that it has access to or has
ezpended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may.be subject to sfate prevailing wage law(Chapter 39.12
RCW). The GRANTEE is advised to consult the Iniiustrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any pre4ailing wage
paymehfs that may be required by law.
5. DOCUMENTATION AND SECURITY
The proyisions of this section shall apply to capital projects performed by nonprofit organizations fhat
involve the expenditure of$250,000 or more in state funils. Projects for which the grant award or
Iegisiafive intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
t�ust or other appropriate security instrument in favor of COMMERCE (the"Deed of TrusY'). The
Deed of Trust shall be recorded in the Counry where the Project is located, and the onginal
returned to COMMERCE after recordation within ninety(90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth In Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10)years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions, `
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
fhe Deed of Trust.
C. Title Insurance. The GR.4NTEE shall purchase an extended coverage lender's policy of title
irisurande insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted tb COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty(30)days of receiving the
request.
Resolulion 5127
Exhibit A . 3
SPECIAL TERMS AND CONDITIONS �
GENERAL GRANT
STATE FUNDS ,
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
FROPERTY PERFORMANCE MEASURES,
When the grent is used to fund the acquisition of real property, the value of the real propeJty
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real propeAy from an independent third-parry seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tex statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
a�liated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or tlie prior purchase price of the
property plus holding costs,whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, anii costs directly associated with such purchase, when purchased or acquired
solely for the purposes of 4he Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from extemal sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees; ,
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technologjr infrasVucture; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent(100%)of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice
Voucher(Fortn A-19), that documents capitalized Project activity pertortned—by budget line item—
� for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services coyered by the coritract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, orwithin thiRy(30) days thereafter.
The vbucher must.be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sizty(60)days following the -
completion of work or other termination of thls contrect, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 18, hereof.
ResoW�ian 5127 - . 4 ,
Exhibil A
. i
' SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
I
Each re_quest for payment must be eccompanied by a Project Status Report, which describes, in �
i
narrative form, the progress made on the Project since the last invoice was sutimitted, as well as a i
report of Project status to date. COMMERGE will not release payment for any reimbursement
request received unless and until the Projecf Status Report is received. After approving the Inyoice
Vouoher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be sutimitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timeiy if made by COMMERCE 4✓ithin thirty(30)calendar days after
receipt of propedy completed invoices. Payment shall be sent to the address designated 6y the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRAIJTEE fails to satisfactorily comply with any term or
conditlon of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
AgreemeM shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services perForined under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any o4her source, including grants, for that service. .
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. INSURANCE
7he GRANTEE shall provide insurence c,overage as set out In this section. The intent of the required
insurance is to protect the state of Vilashington should there be any claims, suits, actioris, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
tFie state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds unde�the insurance policy. All policies shall be primary to any o4her
valid and collectable insurance. Ttie GRANTEE shell instNct the insurers to give COMMERCE thirfy
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15)calendar days of the Grant start date,
a certificate of insurance which ouUines the coverege and limits defined in this insurance section.
During the terin of the Grant, the GRANTEE shall submit renewal certificates not less than thirty(30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that sFiall 6e maintained in full force and effect
during the tertn of this Grent, as follows:
Commereial General Liabflity Insurance Policy. Provide a Commercial Generel Liability
Insurence Policy, including contrectual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arisin9 out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurence coverege for the activities arising out of subgrants.
Resolution 5127
Exhibit A . 5
SPECIAL TERMS AND CONDITIONS
GENERALGRANT
STATE FUNDS
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving ordepositing funds into progrem accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grent shall be$2,000,000 or the
highest of planned reimbursement for the Grant penod, whichever is lowest. Fideliry
insurance secured pursuant to tfiis paragraph shall name the Grantor as beneficiary.
B. Subgrantees that receive$10,000 or more per year in funding fhrough this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and fhe GRANTEE's fiscal agent as beneficiary.
C. The GRANTEE shall provide, at.COMMERCE's request, copies of insurance insVuments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated benefciary, who is covered, the amounts, the period of
coverege, and that COMMERCE will be provided thirty(30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Particfpate in a Self-Insurance Program.
Self-InsuredlLlability Pool or Self-Insured Risk Management Program—With prior approval from .
COMMERCE,.4he GRANTEE may provide the coverage above under a self-insuredlliability pool
or self-insured risk management progrem. In order to obtain permission from COMMERCE,the
GRANTEE shail provide: (1) a description of its self-insu�ance prog�am, and (2)a certificate
andlor letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insuredlliabili.ty pool fnancial reports must comply with Generally
Accepted Accounting Principles(GAAP) and adhere to accounting standards piomulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standariis Board
(FASB), and 3) the Washington State Auditor's annual insVuctions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentatiori to support the
aggregate.claim liability Information reported on the balance sheet. The stete of Washington, its
agents, and employees need riot be named as additional insured under a self-insured
propertjrlliability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk managemenf program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreemsnt.
10.�ORDER�OF PRECEDENCE , �
In the e0ent of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedenbe in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• Generel Terms and Conditions
• Attachment A—Scope of Work
• Attachment B—eudget
• Attachment C—Certification of the Availability of Funds to Complete the Project
• Attachment D—Certification of the Payment and Reporting of Prevailing Wages �
• Attachment E—Certification of Intent to Enter tFie Leadership in Energy and Environmental
Design (LEED) Certificstion Process
Resolution 5727 .
Exhibit A 6 �
SPECIAL TERMS AND CONDITIONS
GENERALGRANT
STATE FUNDS
17. REDUCTION IN FUNDS
In the event state funds appFopriated for the work contemplated under this contract are withdrawn,
reduced, or limited in ahy way by the GoJernor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitationsas
implemented at the discretion of COMMERCE; and shall meet and renegotiate tHe contrect
accordingly.
12. OWNERSHIP OF PROJECTICAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this cbntract and does not assert and will nof acquire any ownership interest in or title to the capital
facilities andlor eguipment constructed or purchased with state funds under this contract; provided,
however, that GOMMERCE may be granted a security interest in real property, to secure funiis
awarded under fhis contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violafion of this contrect.
13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE tFiat are acquired, constFucted, or otherwise improved by the GRANTEEusing state
funds under this contract shall be held and used tiy the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10)jrea�s from the date the fi�al
payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
propertles described in this section; Provided, 4hat any such sale shall be subject to prior reView
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purch'ase price of a different facility or facilities of equal or greater value than the original facility
and that anjr such new facilitq or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the sfate general fund the principal amount of the grant as stated in Section 1, he�eof,
plus interest calculated at the rate of interest on state of Washington general obligation boncJs
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture provision).
74. CHANGE:OF USE FOR LEASED P.ROPERTY_PERFORMANCE MEASURE
A. The GRANTEE understands and,agrees that any facility leased by tHe GRANTEE that is
constructed, renovated, or othenyise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contrect for a period of at
least ten (10)years from the date the final payment is made hereunder.
B. In the eVent tlie GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the.rate of interest on state of Washington general obligation bonds
issued most closely to the eff'ective date of the legislation in which the subject facility was
aufhorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
Resolution 5127 �
Exhibit A . 7
SPECIAL TERMS AND CONDITIONS "
GENERAL GRANT
STATE FUNDS
75. MODIFICATION_TO THE PROJECT BUDGET
A. Notwithstandin9 any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget(Attachment 8), hereof, that will not increase the
line item by more than fifteen percent(15%).
B. The GRANTEE shail notify COMMERCE in writing (tiy email or regular mail)when proposing any
budget modification or modifications to a line item in the Project Budget(Attachment,B,) hereof,
that would increase the line item by more than fifteen percent(15%). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
unCer this contract that would cause one or more budget line items to exceed the 15 percent
(15%)threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and suoh written approval shall amend the
Project Budget. Each party to this conVact will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the P�oject, as set forth in Section 2 of this contract.
16. SIGNAGE. MARKERS AND PUBLICATIONS
If, during the period covered by this contrect, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify"The Taxpayers of Washington State"as a
participant.
17. HISTORICAL AND CULTURAL ARTIFACTS
In the event tFiat histoncal or culturel artifacts are discovered at the Project site during construction,
the GRANTEE shall immediately stop construction and notify the local historical preservation officer
and'the state historical preservatlon officer at the Washington State Department of Archaeology and
Historic Preservation.
16. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2015 will
lapse on that date unless speciflcally reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administretive costs.
19. RECAPTURE
In the event that the GRANTEE fails to perForm this Grant in accordance with state laws, federel
laws, and/or the provisions of this Grant; COMMERCE reserves the right to recapture all funds
disbursed under the Grant, in atldition to any other remedies available at law or in equity. This
provision supersedes the Recapture proyision in Section 25 of the General 7erms snd
Conditions.
Resolution 5127 �
6chibil A 8 �
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATEFUNDS
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits freud or makes any misrepresentation in connection with the
Grent applicafion or during the pertormance of this contract, COMMERCE reserves the right to
terminate or amend this contrect accordingfy, including the nght to recapture all funds disbursed
to the GRANTEE under the Grant.
� Resolution 5127
Exhibit A 9 �
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNUS
1, DEFINITIONS
As used throughout this Grent, the following terms shall liave the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or fhe designee authorized in writing to
act on the Director's behalf. '
B. "COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identifed on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal Information"shall mean information identifiabie to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of govemmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other idenfifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgranteelsubcontractor"shall mean one not in the employment of the GRANTEE, who is
perfortning atl or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms"subgranteelsubcontractor" refers to any tier.
G. "SubrecipienY'shall mean a non-federal entity that expends federal awards receiyed from a pass-
4hrough entity to carry out a federal program, bLt does not include an individual that is a
beneficiary of such a program. It also ezcludes veniiors that receiye federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
H. "VendoT is an entitjr that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-seryice or per-unit
basis with contractual penalties if the entiry fails to meet program performance stendards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GR,4NTEE's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by GOMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signetl by personnel authorized to bind each of the parties. �
Resolution 5127 , � �
Eahibil A
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 701-336. also referred to
as the"ADA" 28 CFR Part 35
The GRANTEE must comply with the ADA, whicti pro4ides comprehensive civil rights protection to
individuats with disabilities in the areas of employment, public accbmmocJations, state and local
govemment services, and telecommunications.
7. ASSIGNMENT
Neither this G�ant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another proyision of the Grent, in the event of litigation or other
ac4ion brought to enforce Grant terms, each party ag�ees to bear its own attorneys fees and costs.
, 9. AUDIT
A. General Reauirements
GRANTEE's are to procure audit services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
th_at subgrantees also maintain auditable records.
The GRANTEE is responsibie for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit Issues within thirty(30) days of the date of
request.
B: State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local govemment entity,the Office
of fhe State Auditor shall conduct the audit. Audits of non-profit organiiations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Reau7remenfs
The GRANTEE must send a copy of the audit report described above no later than nine(9) �
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
auditreviewC�D,commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Auiiit Review and Resolutfon Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of tHe audit, when applicable, the GRANTEE must include:
. Corrective action plan for audit findings within three(3) months of the audit being
received by COMMERCE.
ResoN6on 5727 �
ExhibilA � 2
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Copy of the Management Letter.
If the GRANTEE is required to ohtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confldential Information" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as"confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as"confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information"includes but is not limited to information related to
a person's name, liealth, finances, education, business, use of government services,
addresses, telephone numbers, sxial secunty number; driver's license number and other
identifying numbers, and"Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996(HIPAA).
B. The GRANTEE shall comply with all sTate and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Infortnation. The GRANTEEshall use Confdential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidentlal Information to any third party except with the prior written consent of COMMERCE or
as may b;e required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosuTes. The GRANTEE shall make fhe changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confdential Infortnation that COMMERCE reasonably determines has riot
been adequately protected by the GRANTEE against unauthoriied disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential Information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, GOMMERCE
may, in its sole discretion, by written nbtice to the GRANTEE terminate this Grant if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Servlce
Act, Chapter 42.52 RCW; or any similar statute involving the GRANTEE in the procurement of, or
performance under this Grent.
In the event this Grent is terminated as provided above, COMMERCE shall be entitled to pursue the
same remedies against the GRANTEE.as it could pursue in the eyent of a breach of the Grant by the
GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rlghts and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the"Disputes"clause of fhis Grant.
� Resolulian 5727 3
Exhibfl A
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
_. - . __... - -
STATEFUNDS
12. COFYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered"works for
hire"as definecl by fhe U.S. Copyrigh4Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered"works for
hire"under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual propeAy rights, moral rights, and rights of publicity to
COMMERCE.effective from the moment of creation of such Materials.
"Materials" means all items In any format and includes, but is not Ilmited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer prograrris, films, tapes,
and%or sound reproduc4ions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to CONIMERCE a nonexclusive, royalty-free,
irrevocable license(with rights to sublicense to others).in such Materials to translate, reproduce;
distribute, prepare derivative works, publicly pertorm, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rigtits and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to adyise COMMERCE, at tFie time of delivery of
Materials fumished under this Gran,t, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant. .
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
13. DISPUTES
Except as othenvise provided in this Grent, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Contract number; and
• be mailed to the Director and the other party's (respond.ent's) Grent Representative within
three(3)working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five(5)working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding Judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
Resolution 5127
Exhibit�A 4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
14. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgranUsubcontract, or agreemenf,for fhe
same services or ezpenses.
15. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
16. INDEMNIFICATION
To the fullest extent permitted_by law, the GRANTEEshall indemnify, d'efend, and hold harmless 4he
state of W,ashington, COMMERCE, agencies of the state and all officials, agents and employees of
fhe state, from and against all claims for injuries or death arising out of or resulting from the
perfortnance of the contract. "Claim" asused in fhis contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limlted to attomeys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property incluiiing loss of iise
resulting therefrom. ,
The GRANTEE's obligation to indemnify, defend, and hold liarmless includes any claim by
GRANTEE's agents, employees, representatiyes, or any subgranteelsubconhactor or Rs employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's pertormance or failure to
perfortn the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE wai4es its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hoid harmless tFie state and its agencies, offcers, agents or employees.
17. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEEand its empbyees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to tie
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, pnvilege or benefit which would accrve to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
18. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 5� RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE tiy
COMMERCE under tliis Cont�act, and transmit the deducted amount to the Department of Cabor and
Industries, (L8p Division of InsuPance Services, This provision does not waive any of L&I's rights to
colleot from the GRANTEE.
19: LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
tocal end state and federal governments, as now or hereafter amended including, but not limited to:
Resolulion 5127 �
Exhibft A 5
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020(1).
B. Boards of directors or officers of non-profit corporations—Liability-Limitations, RCW 4.24.264.
C. Disclosure-campaign finances-lobbying, Chapter 42.17a RCW.
D. Discrimination-human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. O�ce of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 REW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
20. LICENSING,ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standariJs necessary for the performance of this ConVact.
21. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authonzed Representative's delegate by writing (delegaEion to
be made prior to acfion) shall have the express, implied, or apparent authori.ty to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alterafion, amendment,
modificadon, or waiver or any clause or condition of this conhact is not effective or binding unless
made in writing and signed tiy the Authorized Representative.
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state,and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cu�e this noncompliance. Any dispute may be resolved in accordance with the"Disputes"procedure
set forth herein.
23. POLITICAL ACTIVITIES
Political activiry of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federel Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
Resolution 5127
Exhibil A . � 6
GENERAL TERMS AND CONDITIONS
GENERALGRANT
STATE FUNDS
24. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or CONIMERCE's name may reasonably be inferred or irriplied, without the
prior written consent of COMMERCE.
25. RECAPTURE
In the event that the GRANTEE fails to perform this Grent in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repajrment by the GRANTEE of funds under this recapture provision shall oxur within the time
period specified by COMMERCE. In the altemative, COMMERCE may recapture such funds from
payments due under this Grant.
26. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and property reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final,payment. At
no additionel cost, these records, Including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state o�cials so authorized by law,
regLlation or agreement.
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 involvirig the records haye been resolved.
27. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, tHe GRANTEE shall complete registretion with the Washington State Department
of Revenue.
28. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or o�cial of the state of Washinglon or the federal government, at all
reasonable times; in order to monitor and evaluate perFormance, compliance, andlor quality
assurance under this Grant.
29. SAVINGS
In the event funding from state, federal, or other sources is withdrewn, reduced, or limited in any way
aker the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the'Termination for Convenience"clause,without the ten calendar day notice
requirement. In lieu of termination, the Gran4 may be amended to reflect the new funding limitations
and conditions.
Resolution 5127 .
Exhibi�A � � ,
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
30. SEVERABILITY
The provisions of this Grant 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 Grant.
37. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
32. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. In no event shall the existence.of the subgrant/subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of emplojrment between the GRANTEE and
persoonel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrentslsubcontracts.
GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express written
consent of COMMERCE or as providetl by law.
33: SURVIVAL
The terms, conditions, and wartanties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
34. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any ofher taxes, insurence or expenses for tlie GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
35. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the condltions of this
Grant in a timely manner, COMMERGE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall noti.fy the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension,the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly relatetl to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
' Resolution 5127
Exhibit A � , , 8
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
aileged compliance breach and pending corrective agtion by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination.shall be deemed a"Tertnination for Convenience"
if it is determined that the GRANTEE: (1)was not in defaulh or(2)failure to perform was outside of
hie or her controi, feult or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
36. TERMINATION FOR CONVENIENCE
Ezcept as ottierwise provided in this Grant, COMMERCE may, by ten (10) business days wntten
notice, tieginning on the second day after the mailing, tertninate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be Iiable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
37. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for tHe'performance of such part of this Grant as has been terminated. The provisions of the .
"TreaJment of Assets"clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii)other property or services that are accepted tiy COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
AGENT shiall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the"Disputes"clause of this Grant.
COINMERCE may withhold from any amounts due the GRANTEE.such sum as the AUTHORIZED
REPRESENTATIVE determines to be.necessary to protect COMMERCE against potential loss or
liability.
The rights and remedies of COMMERCE provided in this section shall not be ezclusive and are in
addition to any other rights antl remedies proyided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REP.RESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the noUce;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so tertninated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/su bcontracts;
4. Settle all outstand.ing liabilities and all claims arising out of such termination of orders and
subcontrects, wifh the approval or ratificafion of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this dause;
� Resolution 5127 .
F�hiDit A , 9
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
5. Transfer title to COMMERCE and deli4er in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant Had been completed,
would have been required to be fumished to GOMMERCE;
6. Complete performance of such paR of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such actlon as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GR,4NTEE and in which COMMERCE has or may acquire an interest.
38. TREATMENT OF ASSETS.
Title to all property fumished by COMMERCE shall remain in COMMERCE. Title to all property
fumished by the GRANTEE, tor the cost of which the GRANTEE is entitled to be reimtiursed as a
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such properry in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or In
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the perFormance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence'of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all propeRy of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GR.4NTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontrectors.
39. WAIVER
Waiver of any default or breach shall not be deemed to be a waiyer of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
Resolulion 5127 .
Ezhibil A - ��
Attachment A �
Scope of Work
These funds will be used for the consWction of the Auburn Community Center at the north end of the Les
Gove Community Campus located at 910 9th Street in Auburn. This includes but is not limited to the
renovation of 7,400 square feet of existing space in the Parks Administrafion Building and the addition of
approzimately 13,600 square feet of new huilding space; and the expansion of the parking lot associated
with the community center.
The facility will offer a broad range of activities, events and prog�ams promoting social interaction both
multi-generational and multi-cultural.
The project is estimated to be completed in August 2016.
All project work completed with prior legislative approval. The"Copyright Provlsions", Sectlon 12 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grent.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its sigriature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date an�i year written below.
GRANTEE
• TITLE
DATE
Resolutian 5127
Exhibil A
Attachment B
Budget
Line Item Amount
Architecture$ En ineerin $1 240,942.00
Site A uisition $0.00
Construction $6,888,662.00
Ca italized E ui ment $0.00
Construction Mana ement $302,000.00
Other-Cantin enc $568,396.00
Total Contracted Amount: $9,000,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's go0ernirig body or board of directors, as applicable, as of the date and year .
wrltten below.
GRANTEE
TITLE
DATE
Resolution 5127
Exhibil A
Attachment C '
CeRification of the Availability of Funds to Complete the Project
Non-State Funds Amount Total
REET1 $1 459 219.00
Ci Parks Constr�ction Fund $4 590 781.00 ,
Total Non-State Funds" $6 O50 000.00 $6,050 000.00
State Funds
State Ca ital Bud et $2 950,000.00 $2 950 000.00
Total Non-State and State Sources $9,000,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources otlier than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. TFie GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
GRANTEE
TITLE
DATE
Resolution 5127 � ��
Exhibil A . �
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on tFie
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of July 1;2013,
including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and"Affidavit of
Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S
review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
TITCE
DATE
Resolution 5127
Exhibit A
Attachment E
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifes that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Cbuncil, provide documentation of such ceRification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaretion set forth above has been reviewed and
approved tiy the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Resolution 5727 .
Exhibil A
*
cinoF_ _f_ �.
�� :-�° °� AGENDA BILL APPROVAL FORM
WASHINGTON
A�genda Subject: Resolution No. 5128 for Abatement Authority at 625 Date: February 2, 2015
9� Street SE
Departmenti Community Attachments: (See Exhibit list below Budget Impact: N!A—code
Develo ment 8 Public Works and Exhibits enforcement abatement fund
Administ�ative Recommendation: City Council adopt Resolution No. 5128 authorizing expenditure of
ci funds for the abatement of trash and litter at 625 9'"Street SE
Background Summary:
Since August, 2014 the owners of the property at 625 9`"Street SE haye allowed household tresh and
litter to accumulate on site. The trash and litter are attracting vermin, insects and rodents and is
generating an obvious aroma that can be detected on the neighboring properties. Despite numerous
attempts at encouraging and requiring the property owners to clean up the property, the amount of trash
and litter has increased.
City of Auburn Code Enforcement officers first visited 625 9`"Street SE on August 8, 2014 in response to
complaints received regarding trash and litter that was accumulating on the site. A flrst Notice to Correct
was issued on August 13, 2014 with a compliance deadline of August 19, 2014. Code Enforcement
returned to the site on August 21, 2014 to verify compliance however the violation had nol been
remedied. Therefore, Code Enforcement issued a second Notice to Correct on August 21, 2014 with a
compliance deadline of August 23, 2014. On September 4, 2014 Code Enforcement visited the site and
determined fhat all trash and litter had been removed therefore the property was in compliance. On
Noyember 10, 2014 Code Enforcement staff observed that trash and litter had once again accumulated
on the property. Code Enforcement made contact with the property owner who acknowledged that the
property had returned to a state of non-compliance. Code Enforcement provided until November 12,
2014 to clean up the property. Upon returning to the property Code Enforcement determined that the
trash and litter was still present. Code Enforcement issued a Notice of Infraction on November 25, 2014,
wifh follow up infrections issued on Decemlier 17, 2014 and January 6, 2015, without compliance thereto.
Despite issuing multiple infractions, additional trash and litter continues to accumulate on the property.
Reviewed by Departrnents 8 Dlvisions:
� Building ❑ M&O
❑ Cemetery ❑ Mayor
❑ Finance ❑ Parks
❑ Fire � Planning
� Legal ❑ Police
❑ Public Works ❑ Human Resources '
❑ Information Services ❑ Surve in
Attion:
Council Approval: ❑Yes ❑No Call for Public Hearing _/_/_
Refertetl to Until / /
Tabled Until / /
Staff: Sn der
Meetin Date: Februa 2, 2015
Exhibit 1: Proposed Resolution No. 5128
Exhibit 2: Photos
AUBURN * MORE THAN YOU IMAGWED
RESOLUTION NO. 5 1 2 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE CITY TO
EXPEND FUNDS TO ABATE THE LITTER, JUNK,
GARBAGE, HEALTH CONCERNS AND ATTRACTIVE
NUISANCE CONDITIONS AT 625 9TH STREET SE, IN
THE CITY OF AUBURN
WHEREAS, Title 8 of the Auburn City Code (ACC) provides for an enforcement
mechanism for the City to address abatement of nuisances and for enforcement of laws
against unlawful activity involving junk, litter, debris and garbage; and
WHEREAS, the code provisions empower the City to take corrective action when
efforts to have the property owner cure the nuisance problem have been unsuccessful;
and
WHEREAS, City Code Enforcement staff have met with, communicated with,
given correction notices and issued nofice of infractions to the owner of the property at
625 9th Street SE, in the City of Auburn ("Property"), which efforts have been
inadequate to prompt the owners to correct the nuisance conditions at that property;
and
WHEREAS, the property also appears to have inadequate utilities to warrant
habitability; and
WHEREAS, because the litter, debris, garbage, and junk present a danger to
public health, safety and welfare it is appropriate that the City take appropriate steps to
abate the nuisance conditions on said property and tb take all steps prbvided in code to
recover the City's costs of such corrective action.
----------------------------
Resolution No. 5128
February 2, 2015
Page 1 of 4
NOW, THEREFORE, TFiE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Findings of Nuisance. That the City Council makes the following
findings:
(a) That the property located at 625 9TH ST SE in Auburn contains trash, litter,
and debris in violation of ACC 8.12 and 8:20.
(b) That the condition of the Property may reasonably be expected to attract
young children and poses a danger to such children.
(c) That the condition of the Property may reasonably be expected to attract
vermin and pests and poses a public health hazard.
(d) That the condition of the Property constitutes a nuisance, as described in
Exhibit A, that warrant abatement under ACC 8.12 and 8.20, specifically due to the
accumulation of garbage that is a danger to others; filthy, littered or trash-covered
premises; the presence of trash, litter, rags, debris, and other material, which prbvides
harborage for insects, rodents, or ofher pests; garbage disposed of in a manner other
than provided in the solid waste code; grass clippings, cut brush or cut weeds which
may create an insect or rodent harborage; the improper and unpermitted storage of
junk; and grass and ground cover exceeding a height of 12 inches.
(e) That the condition of the Property, as described in Exhibit A, is detrimental to
health, safety and welfare of the public and is a source of filth that necessitates
corrective action to preserve the public heal4h, safety and welfare
(f) That the property appears not to have sufficient utilities necessary for lawful
habitation.
-------------------------
Resolution No. 5128
February 2, 2015
Page 2 of 4
(g) That the City has provided the property owners with notice of the violations,
the nuisance conditions, and necessary remedial action and they have all failed to take
corrective action.
Section 2. Authorization for Abatement and Cost Recoverv. That if the
nuisance coniiitions herein described are not fully corrected within three days of receipt
of written notice of abatement of 4hese nuisance conditions to 4he person(s) or enfity
owning, occupying or controlling such premises, the Mayor is authorized to utilize City
resources to correct and abate the nuisance conditions at said Property, to record all
costs of abatement, and to take all legal steps to recover these costs from the person(s)
or entity owning or controlling the premises.
Section 3. Continuina Abatement AuthorizaEion. That after the Mayor has
exercised the authority granted in Section 2, the Mayor finds that any of the above
findings describe the condition of the Property, the Mayor is authorized to again give
notice of abatement to the person(s) or entity owning, occupying or controlling such
premises and, if no corrective action is taken within three days of the date of receipt of
the notice, to again utilize City resources to correct and abate the nuisance conditions at
said Property and take all legal steps to recover the costs from the person(s) or entity
owning or controlling the premises.
Section 4. Administrative Procedures. That the Mayor is authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Resolution No. 5128
February 2, 2015
Page 3 of 4
Section 5. Effective Date. This Resolution shall take effect and be in full force
upon passage and signatures.
Dated and Signed this day of , 2015.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP OVED AS TO FOR :
/
Daniel B. He , Cify ttorne
--------------------------
Resolution No. 5128
February 2, 2015
Page 4 of 4
Exhibit A
FINDINGS OF FACT REGARDING PROPERTY LOCATED AT 625 9T" STREET SE
Code Enforcement Officers received complaints about the premises at 625 9T" Street
SE, Auburn, Washingtbn 98002 regarding certain health and safety concerns. Offcers
made repeated visits to the property to inspect the conditions reported. Photos of the
premises taken by the officers during these inspections are attached below.
Garbage, litter, and debris on the property have been allowed to accumulate and
proliferate to the point that they constitute a fire hazard and a harborage or a potential
harborage for pests and vermin, including insects and rodents. The premises also does
not have utilities necessary to support habitation.
A first Notice to Correct was issued on August 13, 2014 with a compliance deadline of
August 19, 2014. Code Enforcement returned to the site on August 21, 2014 to verify
compliance however the violation had not been remedied. Therefore, Code
Enforcement issued a second Notice to Correct on August 21, 2014 wi4h a compliance
deadline of August 23, 2014. On September 4, 2014 Code Enforcement visited the site
and determined that all trash and litter had been removed therefore the property was in
compliance. On November 10, 2014 Code Enforcement staff observed that trash and
litter had once again accumulated on the property. Code Enforcement made contact
wifh the property owner who acknowledged fhat the property had returned to a state of
non-compliance. Code Enforcement provided until November 12, 2014 to clean up the
property. Upon returning to the property Code Enforcement. determined that the trash
and litter was still present. Code Enforcement issued a Notice of Infraction on
November 25, 2014, with follow up infractions issued on December 17, 2014 and
January 6, 2015, without compliance thereto. Despite issuing multiple infractions,
additional trash and litter continues to accumulate on the property.
It is appropriate that the City take action to abate, ameliorate and address the unsafe,
unhealthy and dangerous conditibns thereon.
Signed 4his day of February, 2015
Jeff Tate
Assistant Director, Community Deve.lopment
Services, Community Development and Public
Works
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