Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-11-2019 Council Study Session Agenda)
City Council Study Session Community Wellness Special F ocus Area February 11, 2019 - 5:30 P M City Hall Council Chambers A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R A .Roll Call I I .A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Ordinance No. 6709 (Gaub) (10 Minutes) (5:35 p.m.) A n Ordinance of the City Council of the City of A uburn, Washington, authorizing the renewal of Ordinance No. 6491 and Ordinance No. 6575 for T-Mobile West L L C, Franchise A greement No. 13-37 for a W ireless Telecommunications System B .NP D E S Annual Report and S tormwater Management Program P lan (Gaub) (30 Minutes) (5:45 p.m.) C.Ordinance No. 6711 (Coleman) (10 Minutes) (6:15 p.m.) A n Ordinance of the City Council of the City of A uburn, Washington, establishing the local sales and use tax rate for local revitalization financing for 2019 D.Resolution No. 5406 (Coleman) (10 Minutes) (6:25 p.m.) A Resolution of the City Council of the City of A uburn, Washington, authorizing the Mayor to execute an agreement between the City of A uburn and S eattle-K ing County Department of Public Health to implement the 2019-2010 L ocal Hazardous Waste Management Program and accepting program grant funds. E .Resolution No. 5407 (Coleman) (10 Minutes) (6:35 p.m.) A Resolution of the City Council of the City of A uburn, Washington, authorizing the Mayor to execute an agreement between the City of A uburn and K ing County to implement the 2019-2020 Waste Reduction and Recycling Grant P rogram and accepting program grant funds. F.Resolution No. 5408 – S outh King Housing and Homelessness Partners I nterlocal A greement S K HHP (Tate) (15 Minutes) (6:45 p.m.) P resentation of I nterlocal A greement I V.C O MMUNI T Y W E L L NE S S D I S C US S I O N I T E MS A .Tenant P rotection L aws and P rograms (Tate) (20 Minutes) (7:00 p.m.) Page 1 of 176 A n overview of tenant protections that are in place in A uburn, options that the City could consider implementing, and a summary of laws that are in effect in other cities. B .Multifamily Property Programs (Tate) (20 Minutes) (7:20 p.m.) A n overview of City administered multifamily programs and inspection programs in other cities. V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S V I I .MAT R I X A .Matrix V I I I .A D J O UR NME NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6709 (Gaub) (10 Minutes ) (5:35 p.m.) Date: February 6, 2019 Department: Public Works Attachments: Draft Ordinance No. 6709 Franchis e Agreement No. 13-37 Ordinance No. 6491 Ordinance No. 6575 Budget Impact: Current Budget: $0 Proposed Revis ion: $0 Revis ed Budget: $0 Adminis trative Rec ommendation: Disc ussion of Draft Ordinanc e No. 6709 for T-Mobile West, LLCs Wireles s Telec ommunications Sys tem Franchis e Renewal Background Summary: T-Mobile West, LLC has applied for renewal and amendment to their existing Franc hise Agreement to continue to operate within the City’s rights of way a wireless telec ommunications s ystem at spec ific locations within the City. The applicant is c urrently in c omplianc e with all licens ing, bonding and insuranc e requirements of the exis ting Franchis e Agreement and Auburn City Code. Any c onstruc tion, maintenance, improvements or changes to T-Mobile’s fac ilities are managed through the City’s permitting proc es s es that are a requirement of the exis ting Franchis e Agreement. Approval of Ordinance No. 6709 would renew Franchis e Agreement No. 37-37 for an additional five years from the effective date of Ordinanc e No. 6491. Per Auburn City Code Chapter 20.06.130 and Section 3 of exis ting Franchis e Agreement No. 13-37 Ordinance No. 6491, the Grantee may renew this Franc hise for an additional five year period upon s ubmission and approval of the applic ation. A Public Hearing for this renewal is sc heduled before City Counc il on February 19, 2019 in acc ordanc e with Chapter 20.06 of the Auburn City Code. Reviewed by Counc il Committees : Counc ilmember:Staff:Gaub Meeting Date:February 11, 2019 Item Number: Page 3 of 176 ------------------------------ Draft Ordinance No. 6709 T-Mobile Franchise Agreement Renewal December 19, 2018 Page 1 of 4 ORDINANCE NO. 6 7 0 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL OF ORDINANCE NO. 6491 AND ORDINANCE NO. 6575 FOR T-MOBILE WEST LLC, FRANCHISE AGREEMENT NO. 13-37 FOR A WIRELESS TELECOMMUNICATIONS SYSTEM WHEREAS, on February 18, 2014, the City Council adopted Ordinance No. 6491, granting a site specific wireless telecommunications franchise to T-Mobile West LLC; and, WHEREAS, on January 19, 2016, the City Council adopted Ordinance No. 6575, amending Ordinance No. 6491 and adding an additional wireless site location to T-Mobile West LLC’s franchise agreement, WHEREAS, T-Mobile West LLC wishes to renew said Franchise Agreement for an additional five year term; and WHEREAS, following proper notice, the City Council held a public hearing on T-Mobile West LLC’s request for renewal of Ordinance No. 6491 and Ordinance No. 6575, at which time representatives of T-Mobile West LLC and interested residents were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, based upon the foregoing recital clauses and from information presented at such public hearing and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City and its residents that the Page 4 of 176 ------------------------------ Draft Ordinance No. 6709 T-Mobile Franchise Agreement Renewal December 19, 2018 Page 2 of 4 renewal of Ordinance No. 6491 and Ordinance No. 6575 be granted to T-Mobile West LLC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The City approves T-Mobile West LLC’s application for renewal for one five-year period as provided for in Section 3 of Ordinance No. 6491, a copy of which is attached as Exhibit A, under the conditions set forth in this Ordinance. Such five-year renewal period will commence on the effective date of this Ordinance. Section 3. T-Mobile West LLC will, within thirty (30) days after the effective date of this Ordinance, file with the City, a fully executed Statement of Acceptance of this Ordinance, which written acceptance will be Exhibit B, attached and incorporated by this this reference. Section 4. This Ordinance supersedes Ordinance No. 6491 and Ordinance No. 6575 to the extent that it contains terms and conditions that change, modify, delete, add to, supplement or otherwise amend the terms and conditions of Ordinance No. 6491 and Ordinance No. 6575. All other provisions of Ordinance No. 6491 and Ordinance No. 6575 remain unchanged and in full force and effect. Section 5. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Page 5 of 176 ------------------------------ Draft Ordinance No. 6709 T-Mobile Franchise Agreement Renewal December 19, 2018 Page 3 of 4 Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Shawn Campbell, City Clerk APPROVED AS TO FORM: __________________________ Steven Gross, City Attorney Published: _______________ Page 6 of 176 ------------------------------ Draft Ordinance No. 6709 T-Mobile Franchise Agreement Renewal December 19, 2018 Page 4 of 4 EXHIBIT “B” STATEMENT OF ACCEPTANCE T-Mobile West LLC., for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise Agreement, Ordinance No. 6491 and Ordinance No. 6575, attached hereto and incorporated herein by this reference as amended by Ordinance No. 6709. T-Mobile West LLC 12920 SE 38th Street Bellevue, WA 98006 By: Date: Name: Title: STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2019, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: Page 7 of 176 Page 8 of 176 Page 9 of 176 Page 10 of 176 Page 11 of 176 Page 12 of 176 Page 13 of 176 Page 14 of 176 Page 15 of 176 Page 16 of 176 Page 17 of 176 Page 18 of 176 Page 19 of 176 Page 20 of 176 Page 21 of 176 Page 22 of 176 Page 23 of 176 Page 24 of 176 Page 25 of 176 Page 26 of 176 Page 27 of 176 Page 28 of 176 Page 29 of 176 Page 30 of 176 Page 31 of 176 Page 32 of 176 Page 33 of 176 Page 34 of 176 Page 35 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: NPDES Annual Report and Stormwater Management Program Plan (Gaub) (30 Minutes) (5:45 p.m.) Date: January 28, 2019 Department: Public Works Attachments: 2018 NPDES Annual Report (with included 2019 Stormwater Management Program Plan) Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: The material to be presented at this study session initiates a 3-week public review and comment period associated with the City of Auburn’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit (Permit). Background Summary: The City’s NPDES Permit was issued by the Washington State Department of Ecology for the period 2013-2018. Ecology has opted to extend the Permit one year while preparing the next Permit. Conditions of the Permit include submittal of an Annual Report describing the NPDES activities completed during the previous year (2018), and development of a Stormwater Management Program Plan (SWMP Plan) for NPDES activities planned for the current year (2019). The study session will include a discussion of the City’s 2018 NPDES activities and its proposed 2019 NPDES activities and an accompanying PowerPoint presentation. The City is to allow public input on the SWMP Plan as part of the Public Involvement and Participation requirements of the Permit. After the Study Session, the SWMP Plan will be posted on Auburn’s website for public review and comment. A Public Hearing is being scheduled for the Council’s March 4, 2019 meeting to receive public input on the SWMP Plan, and notice of the public hearing has been published in the newspaper. A resolution for adoption of the SWMP Plan will be presented for the City Council’s consideration at the March 18, 2019 meeting. The annual report and the SWMP Plan must be submitted to Ecology by March 31, 2019. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:February 11, 2019 Item Number: Page 36 of 176 Page 37 of 176 Submittals WQWebSubmittal WQWebSubmittal Home WQWebPortal Home Help FAQs Logout Annual Report Number Permit Section Question 1 S5.A.2 Attach updated annual Stormwater Management Program Plan (SWMP Plan). (S5.A.2) Saved Document Name: 2019 SWMP Plan Draft_1_01222019104054 2 S9.D.5 Attach a copy of any annexations, incorporations or boundary changes resulting in an increase or decrease in the Permittee’s geographic area of permit coverage during the reporting period per S9.D.5. Not Applicable 3 S5.A.3 Implemented an ongoing program to gather, track, and maintain information per S5.A.3, including costs or estimated costs of implementing the SWMP. Yes 4 S5.A.5.b Coordinated among departments within the jurisdiction to eliminate barriers to permit compliance. (S5.A.5.b) Yes 5 S5.C.1.a.i and ii Attach description of public education and outreach efforts conducted per S5.C.1.a.i and ii. Saved Document Name: Auburn Question 5_5_01222019104342 6 S5.C.1.b Created stewardship opportunities (or partnered with others) to encourage resident participation in activities such as those described in S5.C.1.b. Yes 8 S5.C.2.a Describe the opportunities created for the public to participate in the decision making processes involving the development, implementation and updates of the Permittee’s SWMP. (S5.C.2.a) Public comment is requested through advertisement in the newspaper and on the City's website. A public hearing is held at a City Council meeting. 9 S5.C.2.b Posted the updated SWMP Plan and latest annual report on your website no later than May 31. (S5.C.2.b) Yes 9b S5.C.2.b List the website address. www.auburnwa.gov 10 S5.C.3.a.i - vi Maintained a map of the MS4 including the requirements listed in S5.C.3.a.i.-vi. Yes 11 S5.C.3.b.v Implemented a compliance strategy, including informal compliance actions as well as enforcement provisions of the regulatory mechanism described in S5.C.3.b. (S5.C.3.b.v) Yes 12 S5.C.3.b.vi Page 1 of 43Page 38 of 176 Number Permit Section QuestionUpdated, if necessary, the regulatory mechanism to effectively prohibit illicit discharges into the MS4 per S5.C.3.b.vi. (Required no later than February 2, 2018) Yes 12b Cite the Prohibited Discharges code reference ACC 13.48.210 13 S5.C.3.c.i Implemented procedures for conducting illicit discharge investigations in accordance with S5.C.3.c.i. Yes 13b S5.C.3.c.i Cite methodology Illicit Connection and Illicit Discharge Field Screening and Source Tracking Guidance Manual prepared for the Washington State Department of Ecology 14 S5.C.3.c.i Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to screen 40% of MS4 no later than December 31, 2017 (except no later than June 30, 2018 for the City of Aberdeen) and 12% on average each year thereafter. (S5.C.3) 40 15 S5.C.3.c.ii List the hotline telephone number for public reporting of spills and other illicit discharges. (S5.C.3.c.ii) (253) 931-3048 15b S5.C.3.c.ii Number of hotline calls received. 30 16 S5.C.3.c.iii Implemented an ongoing illicit discharge training program for all municipal field staff per S5.C.3.c.iii. Yes 17 S5.C.3.c.iv Informed public employees, businesses, and the general public of hazards associated with illicit discharges and improper disposal of waste. (S5.C.3.c.iv) Yes 17b S5.C.3.c.iv Describe the information sharing actions. (S5.C.3.c.iv) Contracted with ECOSS to conduct pollution prevention outreach businesses in Auburn. The program served 108 businesses, 31% of which spoke English as a second language. Mailed "Rain Drain" postcards to two areas where evidence of illicit discharges were identified. 3 new and existing employees received Illicit Discharge Recognition and Reporting training. 18 S5.C.3.d Implemented an ongoing program to characterize, trace, and eliminate illicit discharges into the MS4 per S5.C.3.d. Yes 19 S5.C.3.d.iv Number of illicit discharges, including illicit connections, eliminated during the reporting year. (S5.C.3.d.iv) 21 20 S5.C.3.d.iv Attach a summary of actions taken to characterize, trace and eliminate each illicit discharge found by or reported to the permittee. For each illicit discharge, include a description of actions according to required timeline per S5.C.3.d.iv Page 2 of 43Page 39 of 176 Number Permit Section QuestionSaved Document Name: Question 20_20_01222019105620 21 S5.C.3.e Municipal illicit discharge detection staff are trained to conduct illicit discharge detection and elimination activities as described in S5.C.3.e. Yes 22 S5.C.4.a Implemented an ordinance or other enforceable mechanism to address runoff from new development, redevelopment and construction sites per the requirements of S5.C.4.a. Yes 24 S5.C.4.a.i Number of exceptions granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 0 25 S5.C.4.a.i Number of variances granted to the minimum requirements in Appendix 1. (S5.C.4.a.i., and Section 6 of Appendix 1) 0 26 S5.C.4.b.i Reviewed Stormwater Site Plans for all proposed development activities that meet the thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.i) Yes 26b S5.C.4.b.i Number of site plans reviewed during the reporting period. 133 27 S5.C.4.b.ii Inspected, prior to clearing and construction, permitted development sites that have a high potential for sediment transport as determined through plan review based on definitions and requirements in Appendix 7 Determining Construction Site Sediment Damage Potential, or alternatively, inspected all construction sites meeting the minimum thresholds adopted pursuant to S5.C.4.a.i. (S5.C.4.b.ii) Yes 27b S5.C.4.b.ii Number of construction sites inspected per S5.C.4.b.ii. 159 28 S5.C.4.b.iii Inspected permitted development sites during construction to verify proper installation and maintenance of required erosion and sediment controls. (S5.C.4.b.iii) Yes 28b S5.C.4.b.iii Number of construction sites inspected per S5.C.4.b.iii. 258 29 S5.C.4.b.ii, iii and Number of enforcement actions taken during the reporting period (based on construction phase inspections at new development and redevelopment projects). (S5.C.4.b.ii, iii and v) 2 30 S5.C.4.b.iv Inspected all permitted development sites that meet the thresholds in S5.C.4.a.i upon completion of construction and prior to final approval or occupancy to ensure proper installation of permanent stormwater facilities. (S5.C.4.b.iv) Yes 31 S5.C.4.b.ii-iv Achieved at least 80% of scheduled construction-related inspections. (S5.C.4.b.ii-iv) Page 3 of 43Page 40 of 176 Number Permit Section QuestionYes 32 S5.C.4.b.iv Verified a maintenance plan is completed and responsibility for maintenance is assigned for projects. (S5.C.4.b.iv) Yes 33 S5.C.4.c Implemented provisions to verify adequate long-term operation and maintenance (O&M) of stormwater treatment and flow control BMPs/facilities that are permitted and constructed pursuant to S5.C.4. a and b. (S5.C.4.c) Yes 35 S5.C.4.c.iii Annually inspected stormwater treatment and flow control BMPs/facilities per S5.C.4.c.iii. Yes 35b S5.C.4.c.iii If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.4.c.iii Not Applicable 36 S5.C.4.c.iv Inspected new residential stormwater treatment and flow control BMPs/facilities and catch basins every 6 months per S5.C.4.c.iv to identify maintenance needs and enforce compliance with maintenance standards. Yes 37 S5.C.4.c.v Achieved at least 80% of scheduled inspections to verify adequate long-term O&M. (S5.C4.c.v) Yes 38 S4.C.4.c.vi Verified that maintenance was performed per the schedule in S5.C.4.c.vi when an inspection identified an exceedance of the maintenance standard. Yes 38b S5.C.4.c.vi Attach documentation of any maintenance delays. (S5.C.4.c.vi) Not Applicable 39 S5.C.4.d Provided copies of the Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity to representatives of proposed new development and redevelopment. (S5.C.4.d) Yes 40 S5.C.4.e All staff responsible for implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement are trained to conduct these activities. (S5.C.4.e) Yes 42 S5.C.4.g Participated and cooperated with the watershed-scale stormwater planning process led by a Phase I county. (S5.C.4.g) Not Applicable 43 S5.C.5.a Updated and implemented maintenance standards as protective, or more protective, of facility function as those specified in Chapter 4 of Volume V of the Stormwater Management Manual for Western Washington (as amended 2014). (Required no later than December 31, 2016, except no later than June 30, 2017 for Permittees in Lewis Page 4 of 43Page 41 of 176 Number Permit Section Questionand Cowlitz counties, and no later than June 30, 2018 for the City of Aberdeen, S5.C.5.a). Yes 44 S5.C.5.a Applied a maintenance standard that is not specified in the Stormwater Management Manual for Western Washington. Not Applicable 45 S5.C.5.a.ii Performed timely maintenance per S5.C.5.a.ii. Yes 46 S5.C.5.b Annually inspected all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities. (S5.C.5.b) Yes 46b S5.C.5.b Number of known municipally owned or operated stormwater treatment and flow control BMPs/facilities. (S5.C.5.b) 611 46c S5.C.5.b Number of facilities inspected during the reporting period. (S5.C.5.b) 604 46d S5.C.5.b Number of facilities for which maintenance was performed during the reporting period. (S5.C.5.b) 66 47 S5.C.5.b If using reduced inspection frequency for the first time during this permit cycle, attach documentation per S5.C.5.b. Not Applicable 48 S5.C.5.c Conducted spot checks and inspections (if necessary) of potentially damaged stormwater facilities after major storms as per S5.C.5.c. Yes 49 S5.C.5.d Inspected all municipally owned or operated catch basins and inlets as per S5.C.5.d, or used an alternative approach. (Required once no later than August 1, 2017 and every two years thereafter, except once no later than June 30, 2018 and every two years thereafter for the City of Aberdeen) Yes 49b S5.C.5.d Number of known catch basins. 9903 49c S5.C.5.d Number of catch basins inspected during the reporting period. 6296 49d S5.C.5.d Number of catch basins cleaned during the reporting period. 1289 50 S5.C.5.d.i-ii Attach documentation of alternative catch basin cleaning approach, if used. (S5.C.5.d.i or ii) Not Applicable Page 5 of 43Page 42 of 176 Number Permit Section Question 51 S5.C.5.f Implemented practices, policies and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the Permittee, and road maintenance activities under the functional control of the Permittee. (S5.C.5.f) Yes 52 S5.C.5.g Implemented an ongoing training program for Permittee employees whose primary construction, operations or maintenance job functions may impact stormwater quality. (S5.C.5.g.) Yes 53 S5.C.5.h Implemented a Stormwater Pollution Prevention Plan for all heavy equipment maintenance or storage yards, and material storage facilities owned or operated by the Permittee in areas subject to this Permit that are not required to have coverage under an NPDES permit that covers stormwater discharges associated with the activity. (S5.C.5.h) Yes 54 S7.A Complied with the Total Maximum Daily Load (TMDL)-specific requirements identified in Appendix 2. (S7.A) Yes 55 S7.A For TMDLs listed in Appendix 2: Attach a summary of relevant SWMP and Appendix 2 activities to address the applicable TMDL parameter(s). (S7.A) Saved Document Name: Auburn Question 55_55_01222019110450 56 S8.A Attach a description of any stormwater monitoring or stormwater-related studies as described in S8.A. Not Applicable 57 S8.B.1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for status and trends monitoring. (S8.B.1) Yes 58 S8.C.1 Participated in cost-sharing for the regional stormwater monitoring program (RSMP) for effectiveness studies. (S8.C.1) (Required to begin no later than August 15, 2014) Yes 59 S8.D.1 Contributed to the RSMP for source identification and diagnostic monitoring information repository in accordance with S8.D.1. (Required to begin no later than August 15, 2014) Yes 60 G3 Notified Ecology in accordance with G3 of any discharge into or from the Permittees MS4 which could constitute a threat to human health, welfare or the environment. (G3) Yes 61 G3 Number of G3 notifications provided to Ecology. 11 62 G3.A Took appropriate action to correct or minimize the threat to human health, welfare, and/or the environment per G3.A. Yes 63 S4.F.1 Page 6 of 43Page 43 of 176 Number Permit Section QuestionNotified Ecology within 30 days of becoming aware that a discharge from the Permittee’s MS4 caused or contributed to a known or likely violation of water quality standards in the receiving water. (S4.F.1) Yes 64 S4.F.3.a If requested, submitted an Adaptive Management Response report in accordance with S4.F.3.a. Not Applicable 65 S4.F.3.d Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3 and the status of any monitoring, assessment, or evaluation efforts conducted during the reporting period. (S4.F.3.d) Not Applicable 66 G20 Notified Ecology of the failure to comply with the permit terms and conditions within 30 days of becoming aware of the non-compliance. (G20) Not Applicable 67 G20 Number of non-compliance notifications (G20) provided in reporting year. 0 67b G20 List the permit conditions described in non-compliance notification(s). Not Applicable Attachments: View Files Attached to Submission DocDescr DocName DocExt DocID SubID AppName View WAR045502_1_01222019104054 2019 SWMP Plan Draft_1_01222019104054 .docx 760849 1659561 wqwebportal View WAR045502_5_01222019104342 Auburn Question 5_5_01222019104342 .doc 760852 1659561 wqwebportal View WAR045502_55_01222019110450 Auburn Question 55_55_01222019110450 .docx 760861 1659561 wqwebportal View WAR045502_20_01222019105620 Question 20_20_01222019105620 .xlsx 760860 1659561 wqwebportal Close Ecology Home |WQWebPortal Home |WQWebSubmittal Home |Help |Release Notes |Contact Us Submittals (WQWebSubmittal) Version 1.5-3|Data Disclaimer |Privacy PolicyCopyright © Washington State Department of Ecology 2019. All Rights Reserved. Page 7 of 43Page 44 of 176 Resolution No. 5402 Exhibit “A” CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN City of Auburn, WA March 2019 Page 8 of 43Page 45 of 176 Table of Contents City of Auburn 2019 SWMP Plan ii H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\Swmps\2019\2019 SWMP Plan Draft.Docx TABLE OF CONTENTS 1. INTRODUCTION........................................................................................................................................................ 1 1.1 Overview .......................................................................................................................................................... 1 1.2 Regulatory Background ................................................................................................................................... 1 1.3 City of Auburn Regulated Area ........................................................................................................................ 2 1.4 SWMP Implementation Responsibilities .......................................................................................................... 2 1.5 Document Organization ................................................................................................................................... 2 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION ........................................................................... 4 2.1 Permit Requirements ....................................................................................................................................... 4 2.2 Planned 2019 Compliance Activities ................................................................................................................ 4 3. PUBLIC EDUCATION AND OUTREACH .................................................................................................................. 5 3.1 Permit Requirements ....................................................................................................................................... 5 3.2 Planned 2019 Compliance Activities ................................................................................................................ 5 4. PUBLIC INVOLVEMENT AND PARTICIPATION ...................................................................................................... 7 4.1 Permit Requirements ....................................................................................................................................... 7 4.2 Planned 2019 Compliance Activities ................................................................................................................ 7 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION ........................................................................................... 8 5.1 Permit Requirements ....................................................................................................................................... 8 5.2 Planned 2019 Compliance Activities ................................................................................................................ 8 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES .. 10 6.1 Permit Requirements ..................................................................................................................................... 10 6.2 Planned 2019 Compliance Activities .............................................................................................................. 11 7. MUNICIPAL OPERATIONS AND MAINTENANCE ................................................................................................. 12 7.1 Permit Requirements ..................................................................................................................................... 12 7.2 Planned 2019 Compliance Activities .............................................................................................................. 13 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................................................ 14 8.1 Planned 2019 Compliance Activities .............................................................................................................. 15 9. MONITORING .......................................................................................................................................................... 16 9.1 Permit Requirements ..................................................................................................................................... 16 9.2 Planned 2019 Compliance Activities .............................................................................................................. 16 APPENDIX A ............................................................................................................................................................... 17 Page 9 of 43Page 46 of 176 iii H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx LIST OF TABLES Table 2-1. 2019 Stormwater Management Administration Program Work Plan ...................................................... 4 Table 3-1. 2019 Public Education and Outreach Work Plan .................................................................................. 6 Table 4-1. 2019 Public Involvement and Participation Work Plan ........................................................................... 7 Table 5-1. 2019 Illicit Discharge Detection and Elimination Work Plan ................................................................... 8 Table 6-1. 2019 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan....... 11 Table 7-1. 2019 Municipal Operations and Maintenance Work Plan .................................................................... 13 Table 8-1. 2019 Compliance with TMDL Load Requirements Work Plan ............................................................. 15 Table 9-1. 2019 Water Quality Monitoring Work Plan ........................................................................................... 16 Page 10 of 43Page 47 of 176 1 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 1. INTRODUCTION 1.1 Overview This document presents the City of Auburn’s Stormwater Management Program (SWMP). Preparation and maintenance of this SWMP Plan is required by the Washington State Department of Ecology (Ecology) as a condition of the Western Washington Phase II Municipal Stormwater Permit (the Phase II Permit). The Phase II permit covers discharges from regulated small municipal separate storm sewer systems (MS4s). The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming year. The permit to discharge stormwater is designed to reduce the discharge of pollutants, protect water quality, and meet the requirements of the federal Clean Water Act. Appendix A includes acronyms and definitions from the Permit to help the reader understand the City’s Stormwater Management Program. 1.2 Regulatory Background The National Pollutant Discharge Elimination System (NPDES) permit program is a requirement of the federal Clean Water Act, which is intended to protect and restore waters for “fishable, swimmable” uses. The federal Environmental Protection Agency (EPA) has delegated permit authority to state environmental agencies, and these agencies can set permit conditions in accordance with and in addition to the minimum federal requirements. In Washington, the NPDES-delegated permit authority is the Washington State Department of Ecology (Ecology). In Washington, municipalities with a population of over 100,000 are designated as Phase I communities and must comply with Ecology’s Phase I NPDES Municipal Stormwater Permit. Auburn’s population is below the 100,000 threshold, so the City must comply with the Phase II Municipal Stormwater Permit. About 100 other municipalities in Washington must also comply with the Phase II Permit, as operators of small municipal separate storm sewer systems (MS4s). Ecology’s Phase II Municipal Stormwater Permit is available on Ecology’s website at https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Stormwater-general-permits/Municipal- stormwater-general-permits/Western-Washington-Phase-II-Municipal-Stormwat-(1) The Permit allows municipalities to discharge stormwater runoff from municipal drainage systems into the state’s water bodies (e.g., streams, rivers, lakes, wetlands, and aquifers) as long as municipalities implement programs to protect water quality by reducing the discharge of “non-point source” pollutants to the “maximum extent practicable” (MEP) through application of Permit-specified “best management practices” (BMPs). The BMPs specified in the Permit are collectively referred to as the Stormwater Management Program (SWMP) and grouped under the following Program components: Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Page 11 of 43Page 48 of 176 1: Introduction City of Auburn 2019 SWMP Plan 2 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Controlling Runoff from New Development, Redevelopment, and Construction Sites Municipal Operations and Maintenance In addition to the SWMP components the Permit contains special conditions covering: Compliance with Total Maximum Daily Load requirements Monitoring and Assessment Reporting Requirements The Permit issued by Ecology became effective on August 1, 2013, was modified January 16, 2014 and was to expire on July 31, 2018. Ecology opted to extend the Permit for one year as they prepared the new permit conditions. In accordance with WAC 173-226-220(3), the 2013 – 2018 permit will remain in effect during the extension. The Permit requires the City to submit an annual report no later than March 31st of each year on progress in SWMP implementation. The Permit also requires submittal of a SWMP Plan which describes proposed SWMP activities for the current calendar year. The SWMP Plan is to be updated annually and be included in the submittal of the previous year’s annual report. 1.3 City of Auburn Regulated Area The Western Washington Phase II Permit applies to operators of regulated small MS4s that discharge stormwater to waters of Washington State located west of the crest of the Cascade Range (west of the eastern boundaries of Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania counties). For cities, the Permit requirements extend to those areas of each City that drain to MS4s. Most of Auburn drains to MS4s that ultimately discharge into the Green River, the White River, or Mill Creek. In addition, some portions of the City drain to public infiltration facilities where the stormwater soaks into the ground. 1.4 SWMP Implementation Responsibilities The Utilities Engineering Division in the Public Works Department coordinates the overall administration of efforts to comply with Permit requirements. The work plan tables in each Chapter provide the lead departments for the associated task. Other major departments/divisions included in the 2019 SWMP implementation are the Maintenance and Operations (M&O) Division of the Public Works Department, Community Development (CD), Human Resources (HR), Permit Center, Innovation and Technology (IT), and Parks. 1.5 Document Organization The contents of this document are based upon Permit requirements and Ecology’s “Guidance for City and County Annual Reports for Western Washington, Phase II Municipal Stormwater General Permits.” The program components of this SWMP are organized as listed in the Permit: Section 2.0 addresses administering the City’s Stormwater Management Program. Section 3.0 addresses public education and outreach. Section 4.0 addresses public involvement and participation. Section 5.0 addresses illicit discharge detection and elimination. Section 6.0 addresses controlling runoff from new development, redevelopment, and construction sites. Section 7.0 addresses municipal operations and maintenance. Page 12 of 43Page 49 of 176 1: Introduction City of Auburn 2019 SWMP Plan 3 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Section 8.0 addresses compliance with TMDL requirements. Section 9.0 addresses monitoring. Each section includes a summary of the relevant Permit requirements and a table showing the planned activities for 2019. This document also includes acronyms and definitions in Appendix A for easy reference. Page 13 of 43Page 50 of 176 4 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 2. STORMWATER MANAGEMENT PROGRAM ADMINISTRATION This section of the SWMP describes Permit requirements related to overall Stormwater Management Program administration, and planned compliance activities for 2019. 2.1 Permit Requirements The Permit (Section S5.A) requires the City to fulfill the following actions during the 5-year Permit cycle: Develop and implement a Stormwater Management Program (SWMP) and prepare written documentation (SWMP Plan) for submittal to Ecology by March 31 of each year. The purpose of the SWMP is to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable and thereby protect water quality. The SWMP Plan is intended to inform the public of the planned SWMP activities for the upcoming calendar year, including any actions to meet the requirements of S7 Compliance with Total Maximum Daily Load Requirements, and S8 Monitoring. Implement a program for gathering, tracking, maintaining, and using information to evaluate SWMP development, implementation and permit compliance and to set priorities. Coordinate with other permittees on stormwater related policies programs, and projects within adjacent or shared areas. Coordinate between City departments to eliminate barriers to compliance with the terms of the permit. 2.2 Planned 2019 Compliance Activities Auburn has positioned itself to maintain compliance. Table 2-1 presents the proposed work plan for the 2019 SWMP administration activities. Table 2-1. 2019 Stormwater Management Administration Program Work Plan Task ID Task Description Lead Compliance Timeframe SWMP-1 Revise and update the City’s Stormwater Management Program Plan (SWMP Plan) to identify planned SWMP activities for 2019. Utilities Engineering The SWMP submittal is due by March 31st of each year. SWMP-2 Track program element implementation. Utilities Engineering Annual Reporting is due by March 31st of each year. Page 14 of 43Page 51 of 176 5 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 3. PUBLIC EDUCATION AND OUTREACH This section describes the Permit requirements related to public education and outreach, and planned compliance activities for 2019. 3.1 Permit Requirements The Permit (Section S5.C.1) requires the City to fulfill the following actions during the 5-year Permit cycle: Prioritize and target education and outreach activities to specified audiences, including the general public, businesses, residents/homeowners, landscapers, property managers, engineers, contractors, developers, and land use planners to build general awareness and to effect behavior change with the intent to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts. Have an outreach program that is designed to improve the target audience’s understanding of the problem and what they can do to solve it. Create and/or partner with existing organizations to encourage residents to participate in stewardship opportunities. Measure the understanding and adoption of the targeted behaviors for at least one target audience in at least one subject area. Use the resulting measurements to direct education and outreach resources most effectively. Track and maintain records of public education and outreach activities. 3.2 Planned 2019 Compliance Activities The City plans to continue the program that has been developed over the permit cycle. The target audiences include: The general public Businesses (including home-based and mobile businesses) Residents/homeowners Landscapers Property managers Engineers, contractors, developers and land use planners Page 15 of 43Page 52 of 176 3: Public Education and Outreach City of Auburn 2016 SWMP Plan 6 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Table 3-1 presents the work plan for the 2019 SWMP public education and outreach activities. Table 3-1. 2019 Public Education and Outreach Work Plan Task ID Task Description Lead Compliance Timeframe EDUC-1 Continue collaboration with other NPDES municipalities through Stormwater Outreach for Regional Municipalities (STORM) and Puget Sound Starts Here efforts to promote regional education and outreach programs. Utilities Engineering Refinements to existing public education and outreach activities are on- going. EDUC-2 Refine education and outreach strategy to supplement existing education activities. An example would be evaluating the current pet waste cleanup education strategy to determine whether more frequent outreach is required. Utilities Engineering EDUC-3 Implement new or modify existing education and outreach activities. An example would be modifying the school classroom education program. Utilities Engineering EDUC-4 Staff training related to Surface Water Management Manual Implementation/Technical Standards: · Permitting · Plan Review · Site Inspections · Maintenance Standards. Community Development and Public Works Departments EDUC-4a Continue to educate city staff and elected officials on Low Impact Development stormwater management techniques. Public Works and Community Development Departments Ongoing EDUC-4b Educate the general public and developers to develop a common level of knowledge related to Low Impact Development stormwater management principles and techniques. Public Works and Community Development Departments Ongoing EDUC-5 Inform public employees, businesses and the general public of the hazards associated with illegal discharges and improper disposal of waste. Utilities Engineering Ongoing EDUC-6 Provide stewardship opportunities such as planting native plants and invasive species removal at the Auburn Environmental park. Community Development Department Ongoing Page 16 of 43Page 53 of 176 7 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 4. PUBLIC INVOLVEMENT AND PARTICIPATION This section describes the Permit requirements related to public involvement and participation, and planned compliance activities for 2019. 4.1 Permit Requirements The Permit (Section S5.C.2) requires the City to fulfill the following actions during the 5-year Permit cycle: Provide ongoing opportunities for public involvement and participation through advisory boards or commissions, public hearings, watershed committees, public participation in developing rate structures and budgets, or other similar activities. The public must be able to participate in the decision-making processes, including development, implementation, and update of the SWMP. Make the SWMP Plan and Annual Compliance Report available to the public, by posting on the City’s website. Make any other documents required to be submitted to Ecology in response to Permit conditions available to the public. 4.2 Planned 2019 Compliance Activities The City of Auburn has a history of including the public in decision making. Table 4-1 below presents the work plan for the 2019 SWMP public involvement and participation activities. Table 4-1. 2019 Public Involvement and Participation Work Plan Task ID Task Description Lead Compliance Timeframe PI-1 Provide public involvement opportunities for annual SWMP update. Utilities Engineering Public involvement opportunities will be available before the March 31, 2019 submittal. PI-2 Make SWMP document Report available to public by posting on the City website. Utilities Engineering Page 17 of 43Page 54 of 176 8 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 5. ILLICIT DISCHARGE DETECTION AND ELIMINATION This section describes the Permit requirements related to illicit discharge detection and elimination (IDDE), and planned compliance activities for 2019. 5.1 Permit Requirements The Permit (Section S5.C.3) requires the City to fulfill the following actions during the 5-year Permit cycle: Implement an ongoing program to detect and remove illicit discharges, connections, and improper disposal, including any spills into the municipal separate storm sewers owned or operated by the City. Maintain a storm sewer system map, have ordinances that prohibit illicit discharges, and implement an ongoing program to detect and address illicit discharges. Publicly list and publicize a hotline or other local telephone number for public reporting of spills and other illicit discharges. Track illicit discharge reports and actions taken in response through close-out, including enforcement actions. Inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of waste. Train staff on proper IDDE response SOPs and train municipal field staff to recognize and report illicit discharges. Summarize all illicit discharges and connections reported to the City and response actions taken, including enforcement actions, in the Annual Compliance Report; identify any updates to the SWMP. 5.2 Planned 2019 Compliance Activities Table 5-1 presents the work plan for 2019 SWMP illicit discharge detection and elimination activities. Table 5-1. 2019 Illicit Discharge Detection and Elimination Work Plan Task ID Task Description Lead Compliance Timeframe IDDE-1 Continue to implement City-wide IDDE Program and develop any necessary supplemental IDDE activities. Enforce ACC 13.48.210 using education and technical support as a first action and escalating code enforcement as needed. Publicize a phone number for public reporting of spills and illicit discharges. Utilities Engineering Ongoing IDDE-2 Continue to review and update storm system map to address data gaps and Permit requirements. Utilities Engineering/IT Ongoing Page 18 of 43Page 55 of 176 5: Illicit Discharge Detection and Elimination City of Auburn 2019 SWMP Plan 9 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx IDDE-3 Provide IDDE training to new hires in Utility Engineering and Maintenance & Operations. Utilities Engineering Ongoing IDDE-4 Perform IDDE field screening of at least 12% of MS4 annually. Utilities Engineering and M&O Ongoing Page 19 of 43Page 56 of 176 10 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 6. CONTROLLING RUNOFF FROM NEW DEVELOPMENT, REDEVELOPMENT, AND CONSTRUCTION SITES This section describes the Permit requirements related to controlling runoff from new development, redevelopment, and construction sites, and planned compliance activities for 2019. 6.1 Permit Requirements The Permit (Section S5.C.4) requires the City to fulfill the following actions during the 5-year Permit cycle: Implement, and enforce a program to reduce pollutants in stormwater runoff (i.e., illicit discharges) to the municipal separate storm sewer system from new development, redevelopment, and construction site activities. The program must apply to both private and public projects, including roads, and address all construction/development-associated pollutant sources. Have adopted regulations (codes and standards), plan review, inspection, and escalating enforcement SOPs necessary to implement the program in accordance with Permit conditions, including the minimum technical requirements in Appendix 1 of the Permit by December 31, 2016. Review, revise and make effective local development-related codes, rules, standards, or other enforceable documents to incorporate and require Low Impact Development (LID) principles and LID best management practices (BMPs) with the intent of making LID the preferred and commonly- used approach to site development by December 31, 2016. Participate in watershed-scale stormwater planning under condition S5.C.4.c of the Phase I Municipal Stormwater General Permit if required. Have adopted regulations (codes and standards) and processes to verify adequate long-term operations and maintenance of new post-construction permanent stormwater facilities and BMPs in accordance with Permit conditions, including an annual inspection frequency and/or approved alternative inspection frequency and maintenance standards for private drainage systems as protective as those in Chapter 4 of Volume V of the 2012 Ecology Stormwater Management Manual for Western Washington by December 31, 2016. Provide copies of the Notice of Intent (NOI) for construction or industrial activities to representatives of the proposed new development and redevelopment. Provide training to staff on the new codes, standards, and SOPs and create public education and outreach materials. Record and maintain records of all inspections and enforcement actions by staff. Summarize annual activities for the “Controlling Runoff” component of the Annual Compliance Report; identify any updates to the SWMP. Page 20 of 43Page 57 of 176 6: Controlling Runoff from New Development, Redevelopment and Construction Sites City of Auburn 2019 SWMP Plan 11 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx 6.2 Planned 2019 Compliance Activities The City has a program to help reduce stormwater runoff from new development and construction sites. Table 6-1 presents the work plan for 2019 SWMP activities related to runoff control for new development, redevelopment, and construction sites. Table 6-1. 2019 Controlling Runoff from Development, Redevelopment, and Construction Sites Work Plan Task ID Task Description Lead Compliance Timeframe CTRL-1 Track and report construction, new development, and redevelopment permits, inspections and enforcement actions. Community Development/ Permit Center On-going CTRL-1a Prior to clearing and construction, inspect all permitted development sites that have a high potential for sediment transport. Construction On-going CTRL-1b Inspect all permitted development sites during construction. Construction On going CTRL-1c Inspect all permitted development sites upon completion of construction and prior to final approval or occupancy. Construction Ongoing CTRL-1d Inspect all permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90% of the lots are constructed or construction has stopped and site is fully stabilized. Construction Ongoing CTRL-2 Conduct annual inspection of all treatment and flow control BMPs/facilities (other than catch basins) – i.e., private systems. Utilities Engineering On-going CTRL-6 Provide copies of the “Notice of Intent for Construction Activity” and copies of the “Notice of Intent for Industrial Activity” to representatives of proposed new development and redevelopment. Permit Center Ongoing CTRL-7 Enforce local ordinances controlling runoff from sites that are also covered by stormwater permits issued by Ecology. Construction and Code Enforcement Ongoing Page 21 of 43Page 58 of 176 12 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 7. MUNICIPAL OPERATIONS AND MAINTENANCE This section describes the Permit requirements related to municipal operations and maintenance, and planned compliance activities for 2019. 7.1 Permit Requirements The Permit (Section S5.C.5) requires the City to fulfill the following actions during the 5-year Permit cycle: Implement an O&M program, with the ultimate goal of preventing or reducing pollutant runoff from municipal separate stormwater system and municipal O&M activities. Implement maintenance standards for the municipal separate stormwater system that are at least as protective as those specified in the 2012 Stormwater Management Manual for Western Washington as amended in 2014. Conduct annual inspection of all municipally owned or operated permanent stormwater treatment and flow control BMPs/facilities and perform maintenance as needed to comply with maintenance standards. Inspect all catch basins and inlets owned or operated by the City at least once no later than August 1, 2017 and every two years thereafter. Clean the catch basins if inspections indicate cleaning is needed to comply with maintenance standards. Check treatment and flow control facilities after major storms and perform repairs as needed in accordance with adopted maintenance standards. Have SOPs in place to reduce stormwater impacts associated with runoff from municipal O&M activities, including but not limited to streets, parking lots, roads, or highways owned or maintained by the City, and to reduce pollutants in discharges from all lands owned or maintained by the City. Train staff to implement the SOPs and document the training. Prepare Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or storage yards identified for year-round facilities or yards, and material storage facilities owned or operated by the City. Summarize annual activities for the “Pollution Prevention and Operations and Maintenance for Municipal Operations” component of the Annual Compliance Report; identify any updates to the SWMP. Page 22 of 43Page 59 of 176 7. Pollution Prevention and O&M for Municipal Operations City of Auburn 2019 SWMP Plan 13 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx 7.2 Planned 2019 Compliance Activities Table 7-1 presents the work plan for 2019 SWMP activities related to municipal operations and maintenance. Table 7-1. 2019 Municipal Operations and Maintenance Work Plan Task ID Task Description Responsible Schedule Notes MOM-1 Conduct annual inspection of all treatment and flow control (other than catch basins) in the public system and perform maintenance as triggered by the maintenance standards. Public Works Department On-going MOM-2 Continue catch basin inspections at a rate that ensures all catch basins are inspected every two years. M&O On-going MOM-2a Clean catch basin as needed based on inspection results. M&O Ongoing MOM-3 Perform street sweeping to reduce the amount of street waste that enters the storm drainage conveyance system. M&O Ongoing MOM-4 Implement SWPPPs at M&O, Parks-GSA, Cemetery M&O Parks Cemetery Ongoing MOM-5 Implement Low Impact Development maintenance standards, levels of service and inspection procedures adopted in 2016. Public Works and Parks Departments Ongoing Page 23 of 43Page 60 of 176 14 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 8. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS The federal Clean Water Act requires that Ecology establish “Total Maximum Daily Loads” (TMDL) for rivers, streams, lakes, and marine waters that don’t meet water quality standards. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards. After the TMDL has been calculated for a given water body, Ecology determines how much each source must reduce its discharges of the pollutant in order bring the water body back into compliance with the water quality standards. TMDL requirements are included in the stormwater NPDES permits for discharges into affected water bodies. Stormwater discharges covered under this Permit are required to implement actions necessary to achieve the pollutant reductions called for in applicable TMDLs. Applicable TMDLs are those approved by the EPA before the issuance date of the Permit or which have been approved by the EPA prior to the issue date of the Permit or the date Ecology issues coverage under the Permit, whichever is later. Information on Ecology’s TMDL program is available on Ecology’s website at https://ecology.wa.gov/Water-Shorelines/Water- quality/Water-improvement/Total-Maximum-Daily-Load-process . In accordance with Permit condition S7 Compliance with Total Maximum Daily Load Requirements the City must comply with the following TMDL. Name of TMDL Puyallup Watershed Water Quality Improvement Project Document(s) for TMDL Puyallup River Watershed Fecal Coliform Total Maximum Daily Load – Water Quality Improvement Report and Implementation Plan, June 2011, Ecology Publication No. 11-10- 040. https://fortress.wa.gov/ecy/publications/SummaryPages/1110040.html Location of Original 303(d) Listings Puyallup River 16712, 7498, White River 16711, 16708, 16709, Clear Creek 7501, Swan Creek 7514, Boise Creek 16706 Area Where TMDL Requirements Apply Requirements apply in all areas regulated under the Permittee’s municipal stormwater permit and discharging to water bodies listed within the specific requirement in this TMDL section. Parameter Fecal Coliform EPA Approval Date September 2011 MS4 Permittee Phase I Permit: King County, Pierce County Phase II Permit: Auburn, Edgewood, Enumclaw, Puyallup, Sumner Page 24 of 43Page 61 of 176 8. Compliance with Total Maximum Daily Load Requirements City of Auburn 2019 SWMP Plan 15 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Actions required of the City under this TMDL include: · Beginning no later than October 1, 2013, conduct twice monthly wet weather sampling of stormwater discharges to the White River at Auburn Riverside High School to determine if specific discharges from Auburn’s MS4 exceed the water quality criteria for fecal coliform bacteria. o Data shall be collected for one wet season. o Data shall be collected in accordance with an Ecology-approved QAPP. o Data collected since EPA TMDL approval can be used to meet this requirement. These actions have been completed. · For any of the outfalls monitored, showing discharges that exceed water quality criteria for primary contact recreation: designate those areas discharging via the MS4 of concern as high priority areas for illicit discharge detection and elimination efforts and implement the schedules and activities identified in S5.C.3 of the Western Washington Phase II permit for response to any illicit discharges found beginning no later than August 1, 2014. This action has been completed. · Install and maintain pet waste education and collection stations at municipal parks and other Permittee owned and operated lands adjacent to streams. Focus on locations where people commonly walk their dogs. 8.1 Planned 2019 Compliance Activities Table 8-1 presents the work plan for 2019 SWMP activities related to TMDL requirement compliance. Table 8-1. 2019 Compliance with TMDL Load Requirements Task ID Task Description Responsible Schedule Notes TMDL - 1 Include summary of activities conducted in TMDL area to address TMDL parameter (fecal coliform) with annual report to Ecology. Utilities Engineering March 31, 2019 TMDL-2 Maintain pet waste education and collection stations at municipal parks and other public lands adjacent to the White River and its tributaries. Parks Department On-going Page 25 of 43Page 62 of 176 16 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx CITY OF AUBURN 2019 STORMWATER MANAGEMENT PROGRAM PLAN 9. MONITORING This section describes the Permit requirements related to water quality monitoring, and planned compliance activities for 2019. 9.1 Permit Requirements The Permit (Section S8) requires the City to either conduct Status and Trends Monitoring, and Effectiveness Studies, or pay annually into a collective fund to implement monitoring through the Regional Stormwater Monitoring Program (RSMP). The RSMP was renamed in 2017 and is now called SAM (Stormwater Action Monitoring), other than a new name the program remains the same. The City committed in 2013 to pay $45,096.00 annually into the collective RSMP monitoring fund for both Status and Trends Monitoring and Effectiveness Studies. All permittees are required to pay into the RSMP to implement the RSMP Source Identification Information Repository (SIDIR). Auburn’s annual payment will be $2,614.00. During the one year permit extension these payments will remain the same and are due to the Department of Ecology by August 15th each year. The City is required to provide the following monitoring and/or assessment data in each annual report: A description of any stormwater monitoring or studies conducted by the City during the reporting period. If stormwater monitoring was conducted on behalf of the City, or if studies or investigations conducted by other entities were reported to the City, a brief description of the type of information gathered or received shall be included in the annual report. 9.2 Planned 2019 Compliance Activities Table 9-1 presents the work plan for 2019 SWMP monitoring activities. Table 9-1. 2019 Water Quality Monitoring Work Plan Task ID Task Description Lead Compliance Timeframe MNTR -1 Pay $47,710.00 annually into the RSMP collective fund for implementation of Status and Trends Monitoring, Effectiveness Studies, and the Source Identification Information Repository. Utilities Engineering Annual payment due by August 15th. Page 26 of 43Page 63 of 176 17 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx APPENDIX A Acronyms and Definitions The following definitions and acronyms are taken directly from the Phase II Permit and are reproduced here for the reader’s convenience. 40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. AKART means all known, available, and reasonable methods of prevention, control and treatment. See also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. All known, available and reasonable methods of prevention, control and treatment refers to the State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW. Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later. Beneficial Uses means uses of waters of the state which include but are not limited to use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the state. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. Bypass means the diversion of stormwater from any portion of a stormwater treatment facility. Census defined urban area means Urbanized Area. Page 27 of 43Page 64 of 176 18 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Circuit means a portion of a MS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography or the configuration of the MS4. Component or Program Component means an element of the Stormwater Management Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or S6 Stormwater Management Program for Secondary Permittees, S7 Compliance with Total Maximum Daily Load Requirements, or S8 Monitoring of this permit. Conveyance system means that portion of the municipal separate storm sewer system designed or used for conveying stormwater. Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with at least one other applicant for coverage under this permit. A Co-Permittee is an owner or operator of a regulated MS4 located within or in proximity to another regulated MS4. A Co- Permittee is only responsible for permit conditions relating to discharges from the MS4 the Co- Permittee owns or operates. See also 40 CFR 122.26(b)(1) CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq). Director means the Director of the Washington State Department of Ecology, or an authorized representative. Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the Permittee’s MS4 facilities/BMPs designed to infiltrate. Entity means a governmental body, or a public or private organization. EPA means the U.S. Environmental Protection Agency. General Permit means a permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. Ground water means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to chapter 173-200 WAC. Hazardous substance means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100. Heavy equipment maintenance or storage yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a long- term basis. Highway means a main public road connecting towns and cities. Hydraulically near means runoff from the site discharges to the sensitive feature without significant natural attenuation of flows that allows for suspended solids removal. See Appendix 7 Determining Construction Site Sediment Damage Potential for a more detailed definition. Hyperchlorinated means water that contains more than 10 mg/Liter chlorine. Illicit connection means any infrastructure connection to the MS4 that is not intended, permitted or used for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this Page 28 of 43Page 65 of 176 19 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx permit (S5.C.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non- stormwater discharges allowed as specified in this permit (S5.C.3 and S6.D.3). Impervious surface means a non-vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non- vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Land disturbing activity means any activity that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. LID means Low Impact Development. LID BMP means low impact development best management practices. LID Principles means land use management strategies that emphasize conservation, use of on- site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. Low Impact Development means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Low impact development best management practices means distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re-use. Material Storage Facilities means an uncovered area where bulk materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MEP means Maximum Extent Practicable. MS4 means municipal separate storm sewer system. Page 29 of 43Page 66 of 176 20 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Municipal Separate Storm Sewer System means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of Washington State. (ii) Designed or used for collecting or conveying stormwater. (iii) Which is not a combined sewer; (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.; and (v) Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26. National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology. Native vegetation means vegetation comprised of plant species, other than noxious weeds, that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have been expected to naturally occur on the site. Examples include trees such as Douglas Fir, western hemlock, western red cedar, alder, big-leaf maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. New development means land disturbing activities, including Class IV General Forest Practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. Refer to Appendix 1 for a definition of hard surfaces. New Permittee means a city, town, or county that is subject to the Western Washington Municipal Stormwater General Permit and was not subject to the permit prior to August 1, 2013. New Secondary Permittee means a Secondary Permittee that is covered under a municipal stormwater general permit and was not covered by the permit prior to August 1, 2013. NOI means Notice of Intent. Notice of Intent means the application for, or a request for coverage under a General Permit pursuant to WAC 173-226-200. Notice of Intent for Construction Activity means the application form for coverage under the Page 30 of 43Page 67 of 176 21 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx Construction Stormwater General Permit. Notice of Intent for Industrial Activity means the application form for coverage under the General Permit for Stormwater Discharges Associated with Industrial Activities. NPDES means National Pollutant Discharge Elimination System. Outfall means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the Permittee’s MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). Permeable pavement means pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, Co- Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second system. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. Project site means that portion of a property, properties, or right-of-ways subject to land disturbing activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a definition of hard surfaces. QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Revised Code of Washington State. Receiving waterbody or receiving waters means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or ground water, to which infiltration MS4 discharges. Redevelopment means, on a site that is already substantially developed (i.e., has 35% or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities. Refer to Appendix 1 for a definition of hard surfaces. Regional Stormwater Monitoring Program means, for all of western Washington, a stormwater- focused monitoring and assessment program consisting of these components: status and trends monitoring in small streams and marine nearshore areas, stormwater management program effectiveness studies, and a source identification information repository (SIDIR). The priorities and Page 31 of 43Page 68 of 176 22 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx scope for the RSMP are set by a formal stakeholder group. For this permit term, RSMP status and trends monitoring will be conducted in the Puget Sound basin only. Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm Sewer System which is automatically designated for inclusion in the Phase II stormwater permitting program by its location within an Urbanized Area, or by designation by Ecology and is not eligible for a waiver or exemption under S1.C. RSMP means Regional Stormwater Monitoring Program. Runoff is water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance system. See also “Stormwater.” Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or county. Secondary Permittees include special purpose districts and other public entities that meet the criteria in S1.B. Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the effect of construction runoff, or areas requiring special protection to prevent erosion. See Appendix 7 Determining Construction Site Sediment Transport Potential for a more detailed definition. Shared water bodies means water bodies, including downstream segments, lakes and estuaries that receive discharges from more than one Permittee. SIDIR means Source Identification Information Repository. Significant contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat conditions. Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v). Source control BMP means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural Source Control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW (2012) for details. Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance which is used for collecting and conveying stormwater, which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant, or associated with clearing, grading and/or excavation, and is required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components listed in S5 (for cities, towns and counties) or S6 (for Secondary Permittees) of this Permit and any Page 32 of 43Page 69 of 176 23 H:\PUB_WRKS\Utilities\Storm\NPDES II\Administration\SWMPs\2019\2019 SWMP Plan Draft.docx additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8 Monitoring and Assessment. Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both. SWMMWW or Stormwater Management Manual for Western Washington means Stormwater Management Manual for Western Washington (as amended in 2014). SWMP means Stormwater Management Program. TMDL means Total Maximum Daily Load. Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation must include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation must also account for seasonable variation in water quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support that use. The Clean Water Act, section 303, establishes the water quality standards and TMDL programs. Tributary conveyance means pipes, ditches, catch basins, and inlets owned or operated by the Permittee and designed or used for collecting and conveying stormwater. UGA means Urban Growth Area. Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110. Urbanized Area is a federally-designated land area comprising one or more places and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Urbanized Areas are designated by the U.S. Census Bureau based on the most recent decennial census. Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are regularly washed or maintained, or where at least 10 vehicles are stored. Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, Ground Water Quality Standards, chapter 173-200 WAC, and Sediment Management Standards, chapter 173-204 WAC. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as defined in chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. Waters of the United States refers to the definition in 40 CFR 122.2. Page 33 of 43Page 70 of 176 1 Response to Question 5 City of Auburn 2018 Public Education and Outreach Summary Public Education / Outreach Activity Target Audience Comments City Storm Drainage Web Site General public City website provides general information on the City’s storm drainage program, links to the City’s SWMP and annual reports, link to Puget Sound Starts Here website and lists the Spill Reporting phone number. City Storm Drainage Web Site Private Storm Facility Owners and Managers City website provides information on maintenance standards for private storm drainage systems. Stormwater Outreach for Regional Municipalities (STORM) General public Auburn participates in this regional public education and outreach program. Auburn brands its stormwater outreach material with the Puget Sound Starts Here (PSSH) logo to promote the regional effort. ECOSS Spill Kit Program Business types included automotive, food service, manufacturing, property maintenance, and retail Outreach and educational training on spill prevention and cleanup, and stormwater pollution prevention was provided to 108 businesses in 2018. 31% of the businesses contacted spoke English as a second language. School Stormwater Education Program Fourth and fifth grade students 31 classes comprising 765 Auburn 3rd through 5th grade students were visited by professional educators who presented the Stormwater Investigators: Finding Solutions to Pollution workshop. The workshop used hands on activities and presentations to teach about stormwater and stormwater pollution prevention. Sea to Stream Week 4th through 8th grade students 720 local students participated in the inaugural Sea to Stream Week program at Mary Olsen Farm. This program is a collaboration among Mary Olsen Farm, the Environmental Science Center, the Muckleshoot Indian Tribe and the King Conservation District. Students learned about Native American salmon origin stories, Native fishing techniques, field science / water testing, and salmon anatomy. Kid’s Day School children and their parents One-day fair where approximately 1,500 children visited the Auburn Utilities booth where they could learn about stormwater pollution prevention and other water resource information. Winter Stewardship Events (Jan – Mar) General Public The City organized and led 3 events involving native plant planting, clean-up, mulching plants and pathways, and ramp building at Fenster and Auburn Environmental Parks. Forty-One (41) volunteers in total attended the events. Spring Stewardship Events (May – June) General Public The City organized and led 3 events involving native plant planting, clean-up, mulching plants and pathways, and ramp building at Fenster and Auburn Environmental Parks. Seventeen (17) volunteers in total attended the events. Page 34 of 43Page 71 of 176 2 Public Education / Outreach Activity Target Audience Comments Comcast Spotlight, Puget Sound Starts Here “Certain Things Don’t Mix” commercial series General Public Participated in the Puget Sound Starts Here “Certain Things Don’t Mix” commercial series which aired regionally on Comcast (both on-line and on t.v.). Auburn branded versions of the commercials were aired on TV21. Clean Sweep General public Approximately 100 volunteers helped with City led cleaning, mulching, and invasive plant removal at Fenster Park. Fundraising Carwash Program Property owners / managers City program emphasizes the sale of environmentally friendly carwash vouchers where cars are cleaned at a local commercial carwash. Carwash kits are also available to check out for preapproved sites. Stormwater Pollution Problem: Dirty Car Wash Water - article General Public Article on pollution issues with car washing and reasons to use a commercial car wash was included in the summer Auburn Magazine that was mailed to residences and businesses in Auburn. Rain Drain Postcard Homeowners in areas where illicit discharges are suspected Postcards were mailed to residences and businesses in two areas where illicit discharges had been identified. Illicit Discharge Recognition and Reporting video City staff MS PowerPoint training video was distributed to newly hired staff using Human Resources automated training program. 3 staff members were trained, or retrained on identification and reporting of illicit discharges. When it Rains, It Pours video General Public Link to Puget Sound Starts Here, Drain Rangers video on stormwater pollution prevention posted on the City’s Storm Drainage Utility web page. Page 35 of 43Page 72 of 176 Date incident initially reported Street And/or Nearest Intersection How did you learn about the problem? Pollutant(s) Identified: Source or Cause: Correction/ Elimination Method: Enforcement Field notes, explanations, and other comments: 1/11/2018 Lea Hill Rd 104th Ave SE APD Callout Vehicle Fluids Vehicle accident Applied absorbent N/A Oil sheen on road surface from a vehicle accident. Absorbent was applied and swept up but most of the sheen was unrecoverable due to heavy rain. 1/23/2018 3rd St SW West Main St Call from Ecology Storm Inspector Turbid water Construction site Applied BMPs Ecology issued correction notice Ecology received report of turbid water entering a wetland from the King County sewer trunk line project. Ecology and the City Stormwater Inspector inspected the site and found BMPs that needed to be applied and/or reestablished. Ecology issued a notice to correct violation. 1/25/2018 26th St NW West Valley Hwy N ERTS None N/A N/A None Report that nitric acid and sodium hydroxide fumes were being vented onto the roof from MechPro, and were washing into the storm drainage system. M. May and C. Thorn responded. Samples were collected in the control structure manhole, from the business downspout, from the street gutter near the business and at a flowing ditch at 15th St NW. All samples there checked using pH test strips and the pH was about 5.5. No other evidence of illicit discharge was evident. 1/26/2018 East Valley Hwy E Lake Tapps Parkway Litter crew call in Oil and turbid water Rodarte Construction Company equipment yard Absorbent pads and booms, vactor trucks for initial response. Soil and vegetation removal from the ROW and disconnect wash pad and oil/water separator from the on site storm drainage system. City issued a Notice to Correct Violation on 2/7/2018 Report of oil along roadway and entering wetland area. Found a large quantity of oil spread along hundreds of feet of ROW. Applied absorbents and notified DOE. Further investigation found a buried pipe leaving the Rodarte Construction Company equipment yard. Ecology required Rodarte to contract for vactor trucks to clean up the visible oil. City issued a Notice to Correct Violation requiring that the ROW be cleaned up and the wash pad and oil/water separator be disconnected from the storm drainage system. Clean-up of ROW and shoulder resurfacing completed in September 2018. 1/29/2018 East Main St Auburn Ave Citizen call Grease Sushido Sushi Restaurant grease barrel Pressure washed and vacuumed up waste water, cleaned grease from storm system with absorbent pads. Verbal notice to clean up grease Report of grease barrel dumped in alley behind Sushido Sushi Restaurant. Grease found on the ground and in the alley catch basins. The business owners were notified and directed to hire a contractor to clean it up. The contractor used detergent and a pressure washer to clean the grease from the asphalt surface while vacuuming up the waste water. City staff used absorbent pads to clean the grease from the catch basins. 2/1/2018 Auburn Way N 37th St NW Citizen call directed by Ecology Oil Waste oil tank Environmental contractor cleaned site None Report of approximately 100 gallons oil spilled at Polsbo RV. All oil contained on site, no impact to MS4. 2/3/2018 61st Ave S ERTS Sediment Uncovered stockpile of landscaping material Swept material onto site None Report that sediment and turbid water were leaving a site where landscaping was occurring. The developers CESCL directed the material to be swept back onto the site. All landscape work was completed on 2/3/2018. Page 36 of 43Page 73 of 176 2/12/2018 C St NE ERTS NaOH Spill from truck Environmental contractor cleaned site None Approximately 1 gallon of NaOH spilled from a truck on the driveway approach to the Formula Corp property. Some product drained to the public street gutter. NRC was called in to neutralize the NaOH and clean up the spill. M. May and C. Thorn followed-up to ensure that the MS4 was not impacted. 2/14/2018 118th Ave SE SE 302nd VFRA None N/A N/A None VFRA called the sanitary sewer after hours callout number to report a possible sewage discharge, none was found. Storm was asked to follow up because there was concern that it may be related to a travel trailer parked on an adjacent property. No evidence of a sewage spill or dumping was identified. Referred to code enforcement to determine if there was an issue with the trailer being occupied. 2/14/2018 C St SW Ellingson Staff Referral Oil or gasoline Vehicle leak N/A None Transportation Division called because the could see with their traffic camera a heavy sheen on C St SW. C. Thorn responded and found a slight evidence of sheen, most of which had been washed off by the rain, tracked, or evaporated. No recoverable product was present. 2/14/2018 28th St NE, I St NE, 49th St NE VFRA Oil or gasoline Vehicle leak N/A None VFRA called in a report of sheen starting at 28th St NE and Auburn Way, heading east to I St NE, north on I St to 49th St NE and back to Auburn Way. C. Thorn investigated and noted patched of sheen, none of which was recoverable. 2/16/2018 Auburn Way South 12th St SE Staff Referral None Fire fighting activities N/A None Report of fire at Auburn Motel. Investigated to determine whether there was any discharge to the storm system. No discharge was visible from the site. 2/28/2018 Alley North of Main Auburn Ave Staff Referral None N/A N/A None Staff reported a possible illicit connection into a catch basin in the alley next to the Auburn Ave Theatre. Used a push camera and noted that the pipe turned toward a nearby roof drain. The Facilities Department assisted with roof access and poured water down the roof drain. Eventually water started flowing from the pipe into the catch basin. Updated catch basin information in the asset management program. 3/2/2018 Auburn Way South Academy Dr SE Staff Referral Oil mixture Vehicle accident Applied absorbent None Spill due to accident. A mixture of vehicle fluids entered a catch basin and was trapped due to a submerged outlet pipe. Used absorbent pads to soak up the petroleum products. Will vactor the CB to remove any other contaminants. 3/5/2018 White River A St SE Citizen call None Naturally occurring N/A None Environmental Services received a call about an orange substance in a backwater of the White River. Follow-up investigation confirmed that the substance was iron bacteria. ERTS 679813 received regarding this site on 3/12/2018. Page 37 of 43Page 74 of 176 3/8/2018 Western St NW West Main St ERTS None Business None None ERTS report form Ecology that Sound Diesel Performance had oil, anti-freeze and transmission fluid on their parking lot and draining into a storm drain. C. Thorn responded and found a slight sheen on a puddle near the drain. There was a lot of vehicle, engine and equipment stored uncovered on the parking lot. Overall the lot was quite clean. Mentioned one oil draining pan with oil in it and suggested that they cover or drain the pan. Followed- up with owner on 3/9/2018. Inspected site which looked clean. Oil drip pan had been emptied, engines on property were drained of fluids waiting to be recycled, all visible containers were closed, no evidence of spilled fluids. 3/13/2018 West Main St 1st St NW Staff referral Wastewater, turbidity, solid debris Building cleaning Provided BMP information and requested that BMPs be implemented. Followed up with a letter to King County Housing Education and Technical Assistance Received call about a person pressure washing the King County Housing building at West Main St and 1st St NW. M. May responded and notified the King County Housing employee that BMPs needed to be implemented so the discharge wouldn't continue to violate ACC. Provided BMP information and followed up wit ha letter to King County Housing. 3/20/2018 16th St NW B St NW ERTS None N/A N/A None Received ERTS reporting that a gravel parking lot was being illegally used as a truck park and service area, and that oil was being dumped on the ground and was a threat to neighboring properties and an adjacent ditch. Inspected the perimeter of the property and observed no evidence of oil dumping or runoff leaving the site. Checked with Code Enforcement and confirmed that there were already actions being taken to address the land use issues. 4/18/2018 F St SE 4th St SE Hotline call Antifreeze Vehicle N/A None Received call about an antifreeze spill. After hours responders applied absorbent booms to try to project the storm drainage system. Follow-up on 4/18 identified antifreeze in one catch basin. A vactor truck was used to clean the affected CB and the CB downstream. 4/18/2018 503 C St SW 8th St SW Other agency referral Sediment and turbid water Construction site Add BMPs None Ecology referred a report that sediment and turbid water was discharging from the Holiday Inn Express construction site into the adjacent City storm pond. City Stormwater Inspection staff ensured that the contractor stopped the discharge. The contractor will clean the pond during drier weather. 5/7/2018 Auburn Way South Riverwalk Dr SE Staff Referral Antifreeze Vehicle accident N/A None Antifreeze spilled at vehicle accident. Absorbent was applied and swept up for disposal. Page 38 of 43Page 75 of 176 5/9/2018 1118 A St SE 12th St SE Staff Referral Vehicle wash wastewater Poor business practice Technical assistance / education Verbal notice to adopt new methods Observed business employee washing the interior of the engine compartment of a vehicle in the parking lot with the wastewater entering the on-site storm system. Notified them that this was a violation and that they should use a car wash or other option. Determined that the on-site storm was an infiltration facility, provided plans to business and reinforced that the storm system was not designed for treating vehicle wash wastewater. 6/8/2018 114th Way SE 113th Way SE Public Storm Facility Inspection Motor Oil Unknown Absorbent pillows Education Found old motor oil in the inlet pipe to a City storm pond. Used absorbent pillows to clean-up the oil. No oil was evident upstream in the storm system. Sent a Rain Drain postcard to the properties in the area that drain to the pond. 6/8/2018 116 Clay St NW West Main St Citizen call Unknown Unknown N/A Education Received a forwarded call that a business had discharged soapy water into the parking lot and storm drain of a business park. Inspected the parking lot and on-site storm drainage system and could find no evidence to support the report. Mailed a Rain Drain postcard to all of the businesses in the business park. 6/12/2018 1425 Outlet Collection Way SW Staff Referral Sediment Broken concrete N/A None Report of sediment from broken concrete entering the on-site storm drainage system. Inspection of the catch basin near the broken concrete found no indication that it had been impacted. 6/18/2018 632 West Main G St SW Email from citizen Grease Unknown Vactored CB None Received email stating that someone had dumped grease in a catch basin. Inspection confirmed the report. City storm staff cleaned and vactored the CB and down gradient line. CB will be stenciled with Dump no Waste message. Postcard will be mailed to area addresses. 6/22/2018 1402 22nd St NE M St NE Citizen call Allowable discharge Pool draining N/A None Received call that Rio Verde MHP was draining their pool into the storm drainage system. Investigated and spoke with manager. They had checked that the chlorine level was below 0.1 ppm and were draining the pool onto the lawn. Water that didn't soak into the lawn was running down the gutter of the private road and entering the private storm system. Flow velocity was not an issue. Discharge determined to be allowable. 7/3/2018 5531 Elaine Ave SE Staff Referral Vehicle Fluids Vehicle Applied absorbent and swept up None Received call from Solid Waste that a Waste Management driver reported oil on the roadway at 5531 Elaine Ave SE from a vehicle that was towed. Investigated and found a small spill. Applied absorbent and swept it up for disposal. 7/12/2018 Charlotte Ave SE Lake Tapps Parkway Citizen call None N/A N/A None Report of wash water from aggregate washing of a new driveway going into the storm system. No evidence of aggregate washwater entering the storm system was found. Page 39 of 43Page 76 of 176 7/18/2018 Pike St NE E Main St Citizen call None N/A N/A None Received report of possible contamination from a burned vehicle. Investigated and found that the vehicle and all contamination was on private property. No impact to the storm drainage system was evident. 8/2/2018 61st St SE Citizen call Sediment Pressure Washing Technical assistance / education None Received call about sidewalks being pressure washed in a condo neighborhood. Found the work essentially complete. Notified the contractor that their wastewater could not go down the storm drain without pretreatment to remove sediment. They said they would use filters on future jobs. Provided pressure washing BMP information to the Lakeland HOA and they said they would send it to their contacts. 8/7/2018 25th St SE R St SE Citizen call Vehicle fluids Vehicles Technical assistance / education None Received report of oil dripping from a vehicle onto street surface. Found oil spots on both sides of 25th St SE from M St SE to R St SE. Sent "Only Rain Down the Drain" and "Don't Drip and Drive" information to all houses on 25th St SE. 8/16/2018 Auburn Way N 15th St NE Employee Report Concrete slurry residue Concrete repair work Technical assistance / education None Received call about residue that had apparently entered a catch basin. Found evidence that a small amount of concrete slurry run off had entered a private CB. Manager said they would sweep up remaining material. 8/24/2018 25th St SE K St SE ERTS Sediment Construction site Reapplied BMPs None Report of mud/silt tracked onto road from a City construction project. City Construction Inspector investigated and found some tracking. The contractor was directed to sweep it up. The contractor has been sweeping multiple times per day. The inspector also pointed out a couple CBs that needed socks and a pile of broken concrete for the contractor to address. 8/30/2018 SE 306th Ct 127th Pl SE Contractor report None N/A N/A None Report of oily substance on City storm pond. No oily substance was found on the pond or in the control structure. 9/4/2018 44th St NE D St NE ERTS None N/A N/A None ERTS report of waste oil dumped into the private storm system. Inspected inlets to the dry private storm pond and could find no evidence of oil. 9/8/2018 1156 Auburn Way S 12th St SE ERTS Vehicle Fluids Vehicle fueling Technical assistance / education None Received an ERTS report of a fuel spill at the Chevron Gas Station. Report stated that a U-Haul truck was being filled and that fuel drained from the trucks fill line which had been cut by someone who had siphoned gas from the truck. 4 gallons were pumped and approximately 1 gallon went in the on-site storm system which discharges directly to the City system (with no controls). The remainder of spill was cleaned up using absorbent. Nothing remained in the storm system by the time the report was received and we responded. Spoke with manager at U-Haul and requested that they check for cut fill lines before renting their trucks (they said 6 trucks had their lines cut). Page 40 of 43Page 77 of 176 9/12/2018 Peasley Canyon Rd Peasley Canyon Way SE Catch basin inspection Latex paint Illegal waste disposal Material taken to haz waste shed None Two 5-gallon buckets of latex paint dumped along Peasley Canyon Rd adjacent to Mill Creek. No paint was spilled. Both containers were transported to the hazardous waste shed for proper disposal. 9/17/2018 2904 A St SE 29th St SE ERTS Auto Fluids Auto repair N/A None ERTS 684050, report of "Giant leaking containers all over the yard. It looks like old car fluids in dozens of very large several 100 gallon plastic containers". Investigated and found a few containers (50 gallon and larger) in the rear gravel storage area of the property. No leaking containers were observed. It was apparent that spills have occurred on the gravel, and there were a number of dirty/oily transmissions on the ground. The manager said they were going to be moved under cover. No onsite storm drainage system is present, and there is no drainage to the public storm system in A St SE. 10/30/2018 A St SE Cross St SE Traffic Engineer Automotive fluids Vehicle accident N/A None Notified by the Traffic Engineer that there had been an accident at A and Cross St SE during the night. Found that absorbent had been applied to the spill, had been swept into a pile and left at the scene. Cleaned up the used absorbent and file a report with Ecology. 10/26/2018 SE 312th St 124th St SE ERTS Gasoline Fueling mishap N/A None Received ERTS stating that there had been a spill at the Shell Station at 12400 SE 312th St. C. Teterud responded and found that the spill was contained on site, had not entered the private storm system, and was being cleaned up using absorbent. The MS4 was not impacted. 11/5/2018 West Valley Hwy N S 285th St ERTS Iron accumulating bacteria Groundwater naturally high in iron N/A None Investigated and found iron accumulating bacteria in the ditch. 11/5/2018 Auburn Way N S 277th St Staff report Vehicle fluids Vehicle accident N/A None Spill of vehicle fluids from a car / pole accident on 11/4/2018. Investigated and found that absorbent had been applied and swept up. No indication that vehicle fluids entered the storm drainage catch basin at the site. 11/6/2018 A St SE 6th St SE Staff report Vehicle fluids Vehicle accident N/A None Spill of vehicle fluids (antifreeze) from an accident. Towing company applied and swept up absorbent. No impact to storm drainage system. 12/17/2018 33rd St SE R St SE King County Illegal Dumping Hotline None N/A N/A None Report of antifreeze draining into the storm drainage system. Investigated and found a hose draining green liquid that resembled antifreeze into the gutter line. Upon closer inspection it appeared to be water and green algae. Spoke with the homeowner and found they were draining an above ground pool that had not been used in a long time, and they confirmed that it was algae and there were no chemicals in the water. This is a conditionally allowable discharge. Page 41 of 43Page 78 of 176 12/18/2018 SE 302th St 116th Ave SE Report from Auburn Police Transmission fluid Vehicle accident Applied absorbent None Report of transmission fluid spill from a vehicle accident. Absorbent was applied to the street surface and absorbent booms used in the storm system. A sweeper cleaned up the absorbent and the booms will be removed in a couple days. 12/26/2018 29th St SE R St SE APD Callout Vehicle fluids Vehicle accident Sand applied and swept up None A vehicle accident spilled less than a gallon of motor oil and antifreeze onto road surface. Sand was applied and swept up. No storm drains or waterways were impacted. Page 42 of 43Page 79 of 176 Response to Annual Report Question 55 TMDL: Puyallup Watershed Water Quality Improvement Project City of Auburn 2018 TMDL Activities 1. The City maintained existing pet waste collection stations. 2. Additional pet waste stations were provided to the Parks Department to install in parks adjacent to rivers or within the TMDL drainage area. Page 43 of 43Page 80 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6711 (Coleman) (10 Minutes) (6:15 p.m.) Date: February 6, 2019 Department: Finance Attachments: Ordinance No. 6711 Budget Impact: Administrativ e Recommendation: City Council to adopt Ordinance No. 6711 Background Summary: Ordinance No. 6711 levies a 0.0193% sales tax credit against the state sales tax for local revitalization financing. SB 5045 authorizing the tax credit was passed by the state legislature during the 2009 regular session. The intent of the legislation was to provide financial assistance to Cities to assist with financing public improvements in an identified revitalization area to promote community and economic development. The City first applied for the use of local revitalization financing on August 11, 2009 and the Department of Revenue approved the City’s application on September 16, 2009, authorizing up to $250,000 per year for the local revitalization program (Promenade capital improvements). In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding capital improvements for the Promenade. Annual debt service payments for these bonds continue through the year 2034. Funds from EDA grants, combined with REET2 funds and interest earnings, are used to pay for the annual debt service costs of the local revitalization project. As of the end of 2018, the remaining principal balance was $5.4 million. The tax credit is available to the City for up to 25 years. 2019 will be the tenth year that the City has asked the State for the tax credit. As provided by the state, in order for the City to continue receiving the tax credit, the City must request this each year by Ordinance. Based upon historical taxable retail sales, the above rate of 0.0193% is estimated to generate $250,000 for local revitalization funding during the State’s fiscal year, July 1, 2019 to June 30, 2020. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:February 11, 2019 Item Number: Page 81 of 176 Page 82 of 176 ------------------------------ Ordinance No. 6711 February 6, 2019 Page 1 of 2 ORDINANCE NO. 6711 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING THE LOCAL SALES AND USE TAX RATE FOR LOCAL REVITALIZATION FINANCING FOR 2019 WHEREAS, The City of Auburn (“City”) enacted Ordinance No. 6301 on April 19, 2010, which established a local sales and use tax as provided for in Section 39.14.510 of the Revised Code of Washington (“RCW”); and, WHEREAS, this tax is imposed in order to pay the debt service on Local Revitalization Financing bonds in accordance with Chapter 39.104 RCW; and, WHEREAS, Chapter 39.104 RCW provides that the City shall, from time to time, adjust the tax rate so that it is set at the rate reasonably necessary to receive the state contribution over 10 months, in accordance with RCW 82.14.510(3); and WHEREAS, the Local Sales and Use Tax Rate is set at a rate to generate approximately $250,000.00 between July 1, 2019 through June 30, 2020, for Local Revitalization Financing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The sales and use tax rate initially established in Section 3.2 of Ordinance No. 6301, and most recently amended by Ordinance No. 6636, is hereby amended to 0.0193%, effective July 1, 2019. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, Page 83 of 176 ------------------------------ Ordinance No. 6711 February 6, 2019 Page 2 of 2 subdivision, section or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Steven L. Gross, City Attorney Published: _________________ Page 84 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5406 (Coleman) (10 Minutes) (6:25 p.m.) Date: February 6, 2019 Department: Finance Attachments: Res olution No. 5406 Agreement Budget Impact: Administrativ e Recommendation: City Council review and approve grant receipt for $55,481.19. Background Summary: Seattle-King County Department of Public Health requests to enter into a contract with the City of Auburn for the Local Hazardous Waste Management Program. King County has extended $55,481.19 for the City to provide hazardous waste education to residents and students in 2019 and 2020. Residential Hazardous Waste Education Household hazardous waste education to residents will include: a postcard, flyer, or newsletter mailed to residents and a consultant to provide outreach at City-sponsored events. School Hazardous Waste Education A consultant will educate Auburn School District students about hazardous waste through hands-on classroom workshops. Rev iewed by Council Committees: Councilmember:Staff:Coleman Meeting Date:February 11, 2019 Item Number: Page 85 of 176 Page 86 of 176 Page 87 of 176 1 COMMUNITY SERVICES AGREEMENT – OTHER GOVERNMENT PHSKC Agreement # 3909 EHS This Agreement is between King County and the Recipient identified below. The County department overseeing the work to be performed in this Agreement is the Department of Public Health (PHSKC). RECIPIENT NAME City of Auburn RECIPIENT FEDERAL TAX ID # 91-6001228 RECIPIENT ADDRESS 25 W Main St., Auburn, WA 98001-4998 RECIPIENT CONTACT & EMAIL ADDRESS Joan Nelson; jenelson@auburnwa.gov PHSKC DIVISION EHS PROJECT TITLE Local Hazardous Waste Management Program AGREEMENT START DATE Jan 01 2019 AGREEMENT END DATE Dec 31 2020 AGREEMENT MAXIMUM AMOUNT $55,481.19 FUNDING DETAILS Funding Source PHSKC Contract # Amount Effective Dates King County Local Hazardous Waste Management Fund NA $55,481.19 Jan 01 2019 TO Dec 31 2020 FUNDING SUMMARY FEDERAL: $0.00 COUNTY: $55,481.19 STATE: $0.00 OTHER: $0.00 IS THE RECIPIENT A SUBRECIPIENT FOR PURPOSES OF THIS AGREEMENT? No EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Exhibit A-Scope of Work; Exhibit B-Budget; Exhibit C -Invoice template. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree that the Recipient shall provide services and comply with the requirements set forth in this Agreement. The parties signing below represent that they have read and understand this Agreement, and have the authority to execute this Agreement. Furthermore, in addition to agreeing to the terms and conditions provided herein, by signing this Agreement, the Recipient certifies that it has read and understands the Agreement requirements on the PHSKC webs ite (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the Agreement terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY (This form is available in alternate formats for people with disabilities upon request.) EXHIBIT A Page 88 of 176 2 KING COUNTY TERMS AND CONDITIONS 1. Agreement Term and Termination A. This Agreement shall commence on the Agreement Start Date and shall terminate on the Agreement End Date as specified on page 1 of this Agreement, unless extended or terminated earlier, pursuant to the terms and conditions of the Agreement. B. This Agreement may be terminated by the County or the Recipient without cause, in whole or in part, prior to the Agreement End Date, by providing the other party thirty (30) days advance written notice of the termination. The Agreement may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection 1.A. above, by providing the Recipient thirty (30) days advance written notice of the suspension. C. The County may terminate or suspend this Agreement, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Recipient materially breaches any duty, obligation, or service required pursuant to this Agreement, or (2) the duties, obligations, o r services required herein become impossible, illegal, or not feasible. If the Agreement is terminated by the County pursuant to this Subsection 1.C. (1), the Recipient shall be liable for damages, including any additional costs of procurement of similar s ervices from another source. If the termination results from acts or omissions of the Recipient, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Recipient shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Recipient by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection 1.A., the County may, upon written notification to the Recipient, terminate or suspend this Agreement in whole or in part. If the Agreement is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination or suspension; and (2) in the case of termination the Recipient shall be released from any obligation to provide such further services pursuant to the Agreement ; and (3) in the case of suspension the Recipient shall be released from any obligation to provide services during the period of suspension and until such time as the County provides written authorization to resume services.. Funding or obligation under this Agreement beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Agreement. Should such appropriation not be approved, this Agreement will terminate at the close of the current appropriation year. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. 2. Compensation and Method of Payment A. The County shall reimburse the Recipient for satisfactory completion of the services and requirements specified in this Agreement, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit, which complies with the attached Budget Exhibit. B. The Recipient shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Recipient not more than 30 days after a complete and accurate invoice is received. Page 89 of 176 3 C. The Recipient shall submit its final invoice and all outstanding reports within 90 days of the date this Agreement terminates. If the Recipient’s final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Recipient of the amounts set forth in said invoice or any subsequent invoice. D. When a budget is attached hereto as an exhibit, the Recipient shall apply the funds received from the County under this Agreement in accordance with said budget. The Agreement may contain separate budgets for separate program components. The Recipient shall request prior approval from the County for an amendment to this Agreement when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Agreement amount in any Agreement budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. Cumulative transfers between budget categories of 10% or less need not be incorporated by written amendment; however, the County must be informed immediately in writing of each such change. E. Should, in the sole discretion of the County, the Recipient not timely expend funds allocated under this Agreement, the County may recapture and reprogram any such under -expenditures unilaterally and without the need for further amendment of this Agreement. The County may unilaterally make changes to the funding source without the need for an amendment. The Recipient shall be notified in writing of any changes in the fun d source or the recapturing or reprograming of under expenditures. F. If travel costs are contained in the attached budget, reimbursement of Recipient travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1. The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Recipient does not request government rates, the Recipient shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2. Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference http://www.gsa.gov for the current host city per diem rates. 3. Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Recipient shall always request government rates. 4. Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of a federal grant must be in accordance with the Fly America Act. 3. Internal Control and Accounting System The Recipient shall establish and maintain a syst em of accounting and internal controls which complies with applicable generally accepted government accounting standards (GAGAS). 4. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Governmen t are excluded from receiving federal funds and contracting with the County. The Recipient, by signature to this Agreement, certifies that the Recipient is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Recipient also agrees that it will not enter Page 90 of 176 4 into a sub-agreement with a Recipient that is debarred, suspended, or proposed for debarment. The Recipient agrees to notify King County in the event it, or a sub-awardee, is debarred, suspended, or proposed for debarment by any Federal department or agency. 5. Maintenance of Records/Evaluations and Inspections A. The Recipient shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deem ed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section 13. below, the Recipient shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Agreement; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Recipient by all businesses seeking to participate on this Agreement, and any other information necessary to document the actual use of and payments to sub-awardees and suppliers in this Agreement, including employment records. The County may visit the site of the work and the Recipient’s office to review the foregoing records. The Recipient shall provide every assistance requested by the Coun ty during such visits. In all other respects, the Recipient shall make the foregoing records available to the County for inspection and copying upon request. If this Agreement involves federal funds, the Recipient shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the Agreement documents. C. Except as provided in Section 6 of this Agreement, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D. Medical records shall be maintained and preserved by the Recipient in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Recipient ceases operations under this Agreement, the Recipient shall be responsible for the disposition and maintena nce of such medical records. E. The Recipient agrees to cooperate with the County or its agent in the evaluation of the Recipient’s performance under this Agreement and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F. The Recipient agrees that all information, records, and data collected in connection with this Agreement shall be protected from unauthorized disclosure in accordance with applicable state and federal law. 6. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Recipient shall not use protected health information created or shared under this Agreem ent in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Recipient shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/healthservices/health/partnerships/contracts 7. Audits Page 91 of 176 5 A. If the Recipient is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit, conducted by the Washington State Auditor, has been completed. B. Additional audit or review requirements which may be imposed on the County will be passed on to the Recipient and the Recipient will be required to comply with any such requirements. 8. Corrective Action If the County determines that a breach of Agreement has occurred, that is, the Recipient has failed to comply with any terms or conditions of this Agreement or the Recipient has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Recipient in writing of the nature of the breach; The Recipient shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Agreement into compliance, which date shall not be more than ten (10) days f rom the date of the Recipient’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Recipient in writing of the County’s determination as to the sufficiency of the Recipient’s corrective action plan. The determination of sufficiency of the Recipient’s corrective action plan shall be at the sole discretion of the County; C. In the event that the Recipient does not respond within the appropriat e time with a corrective action plan, or the Recipient’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Agreement in whole or in part pursuant to Section 1.C.; D. In addition, the County may withhold any payment owed the Recipient or prohibit the Recipient from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 1., Subsections B, C, D, and E. 9. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Agreement while attempting to resolve the dispute under this section. 10. Hold Harmless and Indemnification A. In providing services under this Agreement, the Recipient is an independent contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Recipient shall be responsible for all federal and/or state ta x, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Recipient, its employees, subcontractors and/or others by reason of this Agreement. The Recipient shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Recipient ’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Recipient of work, Page 92 of 176 6 services, materials, or supplies by Recipient employees or other suppliers in connection with or support of the performance of this Agreement. B. The Recipient further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Agreement by the Recipient, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Agreement pursuant to the Term and Termination section. C. The Recipient shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Recipient, its officers, employees, sub-awardees and/or agents in its performance or non-performance of its obligations under this Agreement. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Recipient. D. The County shall defend, indemnify, and hold harmless the Recipient, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents in its performance or non-performance of its obligations under this Agreement. In the event the Recipient incurs any judgment, award, and/or cost arising therefrom including attorneys ’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. 11. Insurance Requirements By the date of execution of this Agreement, the Recipient shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Recipient, its agents, representatives, employees, and/or sub-awardees. The costs of such insurance shall be paid by the Recipient or sub-awardee. The Recipient may furnish separate certificates of insurance and policy endorsements for each sub-awardee as evidence of compliance with the insurance requirements of this Agreement. The Recipient is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Recipient, its agents, empl oyees, officers, sub- awardee, providers, and/or provider sub-awardees to comply with the insurance requirements stated herein shall constitute a material breach of this Agreement. Specific coverages and requirements are at http://www.kingcounty.gov/healths ervices/health/partnerships/contracts; Recipients shall read and provide required insurance documentation prior to the signing of this Agreement. 12. Assignment/Sub-agreements A. The Recipient shall not assign or sub-award any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Said consent must be sought in writing by the Recipient not less than fifteen (15) days prior to the date of any proposed assignment. Page 93 of 176 7 B. “Sub-agreement” shall mean any agreement between the Recipient and a sub-awardee or between sub-awardees that is based on this Agreement, provided that the term “sub- awardee” does not include the purchase of (1) support services not related to the subject matter of this Agreement, or (2) supplies. C. The Recipient shall include Sections 2.D., 2.E., 3, 4, 5, 6, 10.A., 10.B., 10.G., 12, 13, 14, 15, 16, 17, 23, 24, 26, and the Funder’s Special Terms and Conditions, if attached, in every sub- agreement that relates to the subject matter of this Agreement. D. The Recipient agrees to include the following language verbatim in every sub -agreement for services which relate to the subject matter of this Agreement: “Sub-awardee shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of sub-awardee, its officers, employees, and/or agents in connection with or in support of this Agreement. Sub - awardee expressly agrees and understands that King County is a third party beneficiary to this Agreement and shall have the right to bring an action against sub-awardee to enforce the provisions of this paragraph.” 13. Nondiscrimination and Equal Employment Opportunity The Recipient shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Agreement, the Recipient agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Recipient will make equal employment opportun ity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; Recipients shall read and certify compliance. 14. Conflict of Interest A. The Recipient agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this Agreement, and may result in termination of this Agreement pursuant to Section II and subject the Recipient to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Recipient agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in a ny form to any county official or employee. The Recipient acknowledges that if it is found to have violated the prohibition found in this paragraph, its current Agreements with the county will be cancelled and it shall not be able to bid on any county Agreement for a period of two years. C. The Recipient acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in an agreement or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Recipient shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Agreement. Failure to identify current or former County employees involved in this transaction may result in the County’s denying or terminating this Agreement. After Agreement award, the Recipient is responsible for notifying the County’s Page 94 of 176 8 Project Manager of current or former County employees who may become involved in the Agreement any time during the term of the Agreement. 15. Equipment Purchase, Maintenance, and Ownership A. The Recipient agrees that any equipment purchased, in whole or in part, with Agr eement funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as an Agreement budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Recipient shall be responsi ble for all such property, including the proper care and maintenance of the equipment. B. The Recipient shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Agreement unless otherwise agreed upon by the parties. 16. Proprietary Rights The parties to this Agreement hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material o r article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material or article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient which are modified for use in the performance of this Agreement. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Recipient that are not modified for use in the performance of this Agreement. 17. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 18. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Recipient shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices , if paper copies are required. 19. Future Support The County makes no commitment to support the services awarded for herein and assumes no obligation for future support of the activity awarded herein except as expressly set forth in this Agreement. 20. Entire Agreement/Waiver of Default The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. 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 the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. Page 95 of 176 9 21. Amendments Either party may request changes to this Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Changes to the County’s Agreement numbering system or fund source may be made unilaterally by the County and without the need for amendment of this Agreement. The Recipient shall be notified in writing of any changes in the Agreement number or fund source assigned by the County; provided, however, that the total compensation allocated by the County through this Agreement does not change. 22. Notices Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Recipient and the project representative of the County department specified on page one of this Agreement. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. 23. Services Provided in Accordance with Law and Rule and Regulation The Recipient and any sub-awardee agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Agreement, all of wh ich are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Agreement, the language in the Agreement shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. 24. Applicable Law This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. 25. Electronic Processing and Signatures The parties agree that this Agreement may be processed and signed electronically, which if done so, will be subject to additional terms and conditions found at https://www.docusign.com/company/terms -of-use. The parties acknowledge that they have consulted with their respective attorneys and have had the opportunity to review this Agreement. Therefore, the par ties expressly agree that this Agreement shall be given full force and effect according to each and all of its express terms and provisions and the rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. The parties executing this Agreement electronically have authority to sign and bind its represented party to this Agreement. 26. No Third Party Beneficiaries Except for the parties to whom this Agreement is assigned in compliance with the terms of this Agreement, there are no third party beneficiaries to this Agreement, and this Agreement shall not impart any rights enforceable by any person or entity that is not a party hereto. END OF COUNTY TERMS AND CONDITIONS Page 96 of 176 City of Auburn 1 EXHIBIT A SCOPE OF WORK CITY OF AUBURN 1/1/2019-12/31/2020 Background The Local Hazardous Waste Management Plan (hereafter referred to as the “Plan”) as updated in 1997 and 2010, was adopted by the partner agencies (the King County Solid Waste Division, the Seattle Public Utilities, the King County Water and Land Resources Division and Public Health – Seattle and King County) and the cities located in King County. The Washington State Department of Ec ology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the “Program”). The purpose of this Exhibit is to define the relationship associated with the Program’s funding of City activities performed under the auspices of the Plan and as approved by the Program’s Management Coordination Committee (hereinafter referred to as the “MCC”). This Contract further defines the responsibilities of the City and Public Health – Seattle and King County with respect to the transfer of Program monies. Scope of Work The City will create and mail newsletters, flyers or postcards about household hazardous waste to Auburn residents, and also hire a consultant to provide outreach, education and presentations at public events. The City will also hire a consultant to educate Auburn School District students about hazardous waste through hands-on classroom workshops. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Program’s Contract Administrator. Funds provided to the City by the Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. The City shall submit timely reimbursement requests as negotiated with the Contract Administrator. For reimbursement, the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. Page 97 of 176 City of Auburn 2 b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City’s finance department. The financial statement should include vendor names, a description of services provided, date paid and a check or warrant number. 3. The City shall submit to the Contract Administrator no later than December 5 th of each year a final invoice or estimate for activities completed in that calendar year. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA’s Non- Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City’s events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced – in part or in whole – with Program funds. Where feasible, the City will use the Program’s logo. The intent of this provision is to further strengthen this regional partnership in the public’s mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program mone y provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Joan Nelson at the City of Auburn, 25 W Main Street, Auburn, at (253) 931-5103, (jenelson@auburnwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle -King County Department of Public Health 1. The Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. Page 98 of 176 City of Auburn 3 The Contract Administrator retains the right to withhold all or partial payment if the City’s invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Joy Carpine-Cazzanti LHWMP Program Director LHWMP Contract Administrator 150 Nickerson Street, Suite 204 401 Fifth Avenue, Suite 1100 Seattle, WA 98109 Seattle, WA 98104 206-263-8241 206-263-0365 lynda.ransley@kingcounty.gov jcarpine@kingcounty.gov Page 99 of 176 City of Auburn EXHIBIT B 2019 -2020 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Auburn 25 W Main Street, Auburn, WA 98001-4998 Component Description 2019-2020 Budget Total Household Hazardous Waste Education $55,481.19 $55,481.19 Household Hazardous Wa ste Collection TOTAL $55,481.19 $55,481.19 Footnote: The 2019-2020 budget can be partly or totally spent in either 2019 and/or 2020 but cannot exceed the budget total in these two years. Page 100 of 176 ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING Purchase Order # Supplier Name City of Auburn Contract Number: 3909 EHS Supplier #1033 Exhibit: C Supplier Pay Site City of Auburn Remit to Address 25 W Main St Auburn, WA 98001-4998 Invoice Date Invoice # Amount to be Paid PH Program name/phone jcarpine@kingcounty.gov Start End Date Date MM/DD/YY Project 1114016 Subrecipient Signed Date PH Authorization / Approval Date Print Name I, the undersigned, do hereby certify under the laws of the State of Washington penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws. This certification includes any attachments which serve as supporting documentation to this reimbursement request. Total 2019-20 Budget Previously Billed Cumulative Balance $55,481.19$55,481.19 HHW Collection HHW Education King County Accounts Payable Information Public Health - Seattle & King County Contract Period of Performance: 1/1/19-12/31/20 Organization 860000 Kristin Painter (206) 477-5470 Submit signed hardcopy invoice to: Expend Acct CPA 00153105 Amount INVOICE City of Auburn 25 W Main St Auburn, WA 98001-4998 Invoice Processing Contact: Joan Nelson (253) 931-5103 jenelson@auburnwa.gov Joy Carpine-Cazzanti Local Hazardous Waste Management Program Task Current 401 5th Ave., Suite 1100 Seattle, WA 98104 Invoice for services rendered under this contract for the period of: Expenditure Item $55,481.19 $55,481.19 Attach sheet for multiple POETAs Page 101 of 176 Invoice Detail Page 2 Salaries & Wages- List by Employee Hours Rate of Pay/ Hr Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Subtotal -$ -$ -$ -$ -$ Fringe Benefits Base Rate Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Subtotal -$ -$ -$ -$ -$ Consultant Costs- Itemize by consultant below Unit of measure Rate Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ Supplies- Please detail below Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Subtotal -$ -$ -$ -$ -$ Travel Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) In State Travel Total # of Miles Rate Out of State Travel # of People Rate Per Diem and Lodging # of People # of Units Unit Cost Subtotal -$ -$ -$ -$ -$ Other Costs- Please detail below Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ Overhead Costs- Please detail below Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ Budget Previously Billed Current Expenditure Cumulative (Previous + Current) Balance (Budget less Cumulative) Direct Costs Total -$ -$ -$ -$ -$ -$ -$ -$ -$ Grand Total -$ -$ -$ -$ -$ Notes regarding this Invoice INVOICE DETAIL Page 102 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5407 (Coleman) (10 Minutes ) (6:35 p.m.) Date: February 6, 2019 Department: Financ e Attachments: Resolution No. 5407 Agreement Budget Impact: Adminis trative Rec ommendation: City Counc il to review and approve grant receipt for $75,318.00 Background Summary: King County requests to enter into an interloc al agreement with the City of Auburn for the 2019-2020 Was te Reduction and Rec yc ling (WRR) Grant Program. King County has appropriated $75,318.00 for the City to promote was te reduc tion and rec yc ling to bus inesses, residents, and sc hools. The grant funding will be used to s upport the following: Community Yard Sale, Bulky Item Collection, a Green Living Challenge, c las s room presentations, and outreac h at City-spons ored events . This WRR Grant provides a 25% matc h to Department of Ec ology’s Solid Was te Financ ial As s is tance Grant. Reviewed by Counc il Committees : Counc ilmember:Staff:Coleman Meeting Date:February 11, 2019 Item Number: Page 103 of 176 Page 104 of 176 Page 105 of 176 Exhibit A Page 106 of 176 1 CPA # 6059759 INTERAGENCY AGREEMENT FOR 2019 and 2020 Between KING COUNTY and the CITY OF AUBURN This two-year Interagency Agreement “Agreement” is executed between King County, a Charter County and political subdivision of the State of Washington, and the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and City will be referred to as “Party” or “Parties.” PREAMBLE King County and the City of Auburn adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B and incorporated herein by reference. Grant funding for this program is subject to the budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work, which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. Page 107 of 176 2 II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City: 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A. The total amount of funds available from this grant in 2019 and 2020 shall not exceed $75,318.00. 2. This Agreement provides for distribution of 2019 and 2020 grant funds to the City. However, grant funds are not available until January 1, 2019. 3. During this two-year grant program, the City will submit a minimum of two (2), but no more than eight (8), progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with both a Budget Summary Report Form, which is attached hereto as Exhibit D and incorporated herein by reference, and an Expense Summary Form, which is attached hereto as Exhibit E and incorporated herein by reference, unless the City has a spreadsheet similar to the Expense Summary Form already in use, in which case the City is free to use that spreadsheet instead of the Expense Summary Form. The City will submit the form or similar spreadsheet and not submit backup documentation for grant expenses. If backup documentation is submitted, SWD will not retain it. The City shall maintain this documentation in its records. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County on the last day of the month following the end of each quarter (April 30, July 30, October 31, January 31) except for the final progress report and request for reimbursement, which shall be due by March 31, 2021. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two-year grant program, they shall be due to the County by January 31, 2020 and March 31, 2021. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5th working day of January 2020 and January 2021, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six (6) months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2021. Page 108 of 176 3 5. If the City accepts funding through this grant program for the provision of waste reduction and recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, state, and local laws, ordinances, rules, and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City’s bid, award, or contracting process. 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 8. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state, and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2021. Page 109 of 176 4 12. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County’s name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: “artwork provided courtesy of King County Solid Waste Division” and/or “text provided courtesy of King County Solid Waste Division.” 13. The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the materials. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City’s event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the agreed upon areas listed in Exhibit A. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. This project shall be administered by Joan Nelson, Solid Waste & Recycling Supervisor, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by the city and is subject to the King County Council’s budget approval process. Provided that the funds are allocated through the King County Council’s budget approval process, grant funding to the City will include a base allocation of $10,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. Page 110 of 176 5 2. Within forty-five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City’s report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City’s name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: “artwork provided courtes y of the City of Auburn” and/or “text provided courtesy of the City of Auburn.” 4. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Lucy Auster, Project Manager, King County Solid Waste Division, or designee. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2019 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2019, and shall terminate on June 30, 2021. The City shall not incur any new charges after December 31, 2020. However, if execution by either Party does not occur until after January 1, 2019, this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2019 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II.A of the Agreement. Page 111 of 176 6 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended onl y by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims") brought against the County arising out of or incident to the City’s execution of, perfo rmance of, or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. Page 112 of 176 7 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority (WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. Page 113 of 176 8 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Lucy Auster, Project Manager, or a provided designee King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Joan Nelson, Solid Waste & Recycling Supervisor, or a provided designee City of Auburn 25 West Main Street Auburn, WA 98001 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City of Auburn King County ______________________________________ BY___________________________________ Nancy Backus, Mayor Pat D. McLaughlin, Director Solid Waste Division For Dow Constantine, King County Executive ______________________________________ _____________________________________ Date Date Page 114 of 176 1 EXHIBIT A CITY OF AUBURN SCOPE OF WORK 2019-2020 SOLID WASTE DIVISION WASTE REDUCTION & RECYCLING GRANT A.BASIC INFORMATION 1.Applicant:City of Auburn 2. Project Title:City of Auburn Waste Reduction & Recycling Program 3.Grant Manager:Joan Nelson, Solid Waste & Recycling Supervisor City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 931-5103 Fax: (253) 876-1900 Email: jenelson@auburnwa.gov 4. Project Manager:Kathleen Edman, Solid Waste Customer Care Specialist City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 931-3047 Fax: (253) 876-1900 Email: kedman@auburnwa.gov 5.Billing Coordinator:Consuelo Rogel, Financial Analyst City of Auburn 25 West Main Street Auburn, WA 98001 Phone: (253) 804-5023 Email: crogel@auburnwa.gov 6.Requested dollar amount:2019-2020 Grant Award $115,318.00 4 - King County Special Recycling Events - $ 40,000.00 2019-2020 Total $ 75,318.00 B.PROPOSED SCOPE OF WORK Projects: Task #1 Residential & Multifamily Outreach Task #2 School Outreach Project Managers: Auburn’s Solid Waste Customer Care Specialist will implement and manage the projects. The Solid Waste & Recycling Supervisor will manage the administration tasks of the grant (budget, reporting, and reimbursements). Both positions are fully funded by the City of Auburn Solid Waste Division. Page 115 of 176 2 Schedule: January 1, 2019 - December 31, 2020 Goals: To increase the awareness of and participation in Auburn’s waste reduction and recycling programs, and to increase waste diversion in the Residential and School waste streams. Background: Residential Community The City of Auburn provides recycling, waste prevention, and food scrap collection outreach and education to residents through media avenues such as: newsletters, postcards, advertising, website announcements, social media, phone messages, flyers, and recycling events. The City also provides an “at home” city-wide yard sale opportunity for single-family and mobile home park residents to promote reuse. The City recognizes the importance of educating its diverse community about different methods of waste reduction and recycling and publishes newsletters and articles, gives classroom waste reduction and recycling presentations, staffs educational tables at community events, and provides resources to residents who ask for assistance. Recently, the City has coordinated with its contracted solid waste provider, Waste Management, to educate residents about contamination in recycling. Auburn School District (ASD) City of Auburn Solid Waste Division continues to work closely with ASD’s Resource Conservation Manager to promote waste reduction and recycling in the Auburn schools. The ASD is committed to sustainability and strives to continue reducing its waste stream. The City of Auburn provides classroom presentations to elementary students, waste reduction lunchtime activities to secondary students, and participates in various ASD sustainability programs. Many Auburn schools participate in the King County Green Schools and Washington Green Schools Programs. Task #1: Residential & Multifamily Outreach A. Program/ Project Description Residential & Multifamily Waste Reduction & Recycling Outreach: The City of Auburn will use different forms of media, presentations, and promotional items to promote waste reduction and recycling programs. In 2019 and 2020, the City’s consultant will continue providing outreach to residents through community events. In addition, the City may partner with the King County Housing Authority to implement a Green Living Challenge program at one of their properties in Auburn. The City will also continue to coordinate Christmas Tree Recycling and Holiday Styrofoam Collection events each year. There may be an emphasis on “Recycle Right” and “Empty, Clean, Dry” to align with regional outreach messages due to the recent issues with recycling markets. Residential Community Yard Sale: The City will promote waste reduction and reuse by sponsoring a city-wide yard sale for all single-family residents. B. Deliverables Residential & Multifamily Waste Reduction & Recycling Outreach: The City will produce or have professionally produced media pieces, displays, and promotional items, which may include, but are not limited to: newspaper advertisements, posters, postcards, flyers, and decals. These materials will be used to promote waste reduction and recycling. Page 116 of 176 3 Residential Community Yard Sale: The “Yard Sale Kits” available to participants and various forms of advertisements will be the deliverables. C. Expected Outcomes/ Impacts Residential & Multifamily Waste Reduction & Recycling Outreach: Postcards, flyers, advertisements, and social media announcements will promote upcoming City and County events and inform residents about resources available for waste reduction and recycling specific to their home. The City will increase awareness of and participation in the City’s Waste Reduction and Recycling Program. Residential Community Yard Sale: The city-wide yard sale will encourage residents to reduce waste and reuse. D. Evaluation Residential & Multifamily Waste Reduction & Recycling Outreach: The City will record the number of postcards, flyers, and articles created and distributed to City of Auburn residents. The City will record the number of displays and promotional items created, displayed or distributed. Residential Community Yard Sale: The City will record the number of households holding a yard sale during the event. An online survey will also be conducted to estimate the number of items sold or given away. Task #2: School Outreach A. Program/ Project Description School Programs & Presentations: City staff and a consultant will continue to provide Waste Reduction & Recycling presentations to elementary school classrooms and other schools upon request. B. Deliverables School Programs & Presentations: The number of classroom presentations and lunchtime activities will be a deliverable and the amount of materials recycled at the Auburn Schools will also be a deliverable. Pre- and post-classroom presentation surveys will be completed. C. Expected Outcomes/ Impacts School Programs & Presentations: City staff and the consultant will promote valuable lessons about waste reduction and recycling to students and teachers. These lessons will then be shared with parents and may influence purchasing and disposal decisions. D. Evaluation School Programs & Presentations: The City will record the number of classroom presentations and lunchtime activities given to Auburn students. The pre-and post-classroom presentation surveys will determine the effectiveness of the information presented. The amount of materials recycled at each school will be tracked by the RCM. Page 117 of 176 4 C. PROPOSED BUDGET 2019 2020 Task #1 Residential & Multifamily Outreach Residential & Multifamily Outreach $21,690.00 $17,628.00 Residential Community Yard Sale $ 3,250.00 $ 1,750.00 Total Task #1 $24,940.00 $19,378.00 Task #2 School Outreach School Programs and Presentations $15,500.00 $15,500.00 Total Task #2 $15,500.00 $15,500.00 TOTAL 2019-2020 GRANT FUNDING $40,440.00 $34,878.00 Page 118 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5408 – South King Housing and Homelessness Partners Interlocal Agreement SKHHP (Tate) (15 Minutes) (6:45 p.m.) Date: February 6, 2019 Department: Community Development Attachments: Res olution No. 5408 Exhibit A - Agreement Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to schedule Resolution No. 5408 for Council action on February 19, 2019 Background Summary: Resolution No. 5408 authorizes the Mayor to execute and implement an interlocal agreement between the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila along with King County. Resolution No. 5408 is the culmination of three years of piloting formal collaboration on housing and homelessness issues between six cities in South King County, including Auburn. Auburn has contributed funds to the South King Housing and Homelessness Partnership since 2016, which has provided the cities of Auburn, Burien, Kent, Renton, SeaTac, and Tukwila additional staff capacity for developing and implementing policies related to affordable housing and homelessness. Mayor Backus and council members attended three convenings in 2018 to plan the future of the South King Housing and Homelessness Partnership project. These convenings, held on March 27, June 13, and October 16, 2018 solidified the intention of nine cities and King County to enter into an Interlocal Agreement starting in 2019. Staff from the Housing Development Consortium presented updates on the expected benefits and status of the South King Housing and Homelessness Partners (SKHHP) ILA at Council Study Sessions on July 23, 2018 and October 22, 2018. Council lent its support to SKHHP through the budget process when a specific line item funding SKHHP was approved for 2019 and 2020. The SKHHP Interlocal Agreement reflects the input from legal counsel and staff at the jurisdictions of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Pacific, Renton, Tukwila, and King County. Funding for SKHHP has been included in the budgets of Auburn, Burien, Covington, Federal Way, Kent, Renton, Tukwila, Normandy Park, Des Moines and King County for 2019 and 2020. City staff recommend that the City Council schedule Resolution 5408 for council action on February 19, 2019. Page 119 of 176 Rev iewed by Council Committees: Other: Planning Councilmember:Trout-Manuel Staff:Tate Meeting Date:February 11, 2019 Item Number: Page 120 of 176 -------------------------------- Resolution No. 5804 February 4, 2019 Page 1 of 2 Rev. 2018 RESOLUTION NO. 5408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT, NORMANDY PARK, RENTON, TUKWILA, AND KING COUNTY, FOR THE CREATION AND OPERATION OF SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) WHEREAS, the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila along with King County share a common interest in addressing homelessness; and WHEREAS, the parties wish to enter into an Interlocal Agreement for the creation and operation of South King Housing and Homelessness Partners (SKHHP); and WHEREAS, SKHHP will formulate affordable housing policies and programs specific to South King County, complimenting current efforts by public and private organizations to address housing needs locally; and WHEREAS, the most efficient and expeditious way for the parties to address affordable housing needs is through cooperative action and the pooling of public and private resources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an Interlocal Agreement between the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, and Tukwila along with King County for the creation and operation of South King Page 121 of 176 -------------------------------- Resolution No. 5804 February 4, 2019 Page 2 of 2 Rev. 2018 Housing and Homelessness Partners, which agreement will be in substantial conformity with the agreement attached as Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this _____ day of _________________, 2019. CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Steven L. Gross, City Attorney Page 122 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 1 Draft Interlocal Agreement for SKHHP South King Housing and Homelessness Partners (Effective Date: January 1, 2019) This Interlocal Agreement ("Agreement") is entered into by and between the Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Normandy Park, Renton, Tukwila, and King County, each municipal corporations and political subdivisions of the State of Washington (individually, a “Party” and collectively, the “Parties”). This Agreement relates to the creation and operation of a joint undertaking among the Parties hereto to be known as the South King Housing and Homelessness Partners (“SKHHP”). This Agreement is made pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW, and has been authorized by the legislative body of each jurisdiction. WHEREAS, the Parties have a common goal to ensure the availability of housing that meets the needs of all income levels in South King County; and WHEREAS, the Parties wish to provide a sound base of housing policies and programs in South King County and to complement the efforts of existing public and private organizations to address housing needs in South King County; and WHEREAS, the Parties wish to act cooperatively to formulate affordable housing policies and strategies that address housing stability, to foster efforts to preserve and provide affordable housing by combining public funding with private-sector resources, to support implementation of the goals of the Washington State (the “State”) Growth Management Act, related countywide planning policies, and other local policies and programs relating to affordable housing, and to do so efficiently and expeditiously; and WHEREAS, the Parties have determined that the most efficient and expeditious way for the Parties to address affordable housing needs in South King County is through cooperative action and pooling public and private resources; and WHEREAS, the intent of this cooperative undertaking is not to duplicate efforts of non-profit corporations and other entities already providing affordable-housing-related services; and Exhibit A Page 123 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 2 WHEREAS, a cooperative work plan with a primary focus on the production and preservation of affordable housing, is needed because the lack of access to affordable housing is one of the key contributors to homelessness; NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained in this Agreement and other valuable consideration, the sufficiency of which is acknowledged, the Parties agree to the above Recitals and the following terms and conditions: 1. DEFINITIONS. The following terms used in this Agreement are defined as follows: a. Administering Agency – One or more of the Parties that will provide administrative support services on behalf of SKHHP. The Administering Agency will be the fiscal agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. One Party could serve as the fiscal agent and another Party could serve as the administrative home for SKHHP staff. b. Advisory Board – A board consisting of 12 to 15 community members appointed by the Executive Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, recommendations for emergency shelter and other immediate affordable housing needs, and to provide public education and community outreach services. c. Executive Board – The governing board for SKHHP comprised of members as provided herein, which will act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. d. Housing Capital Funds Account – An account established by the Administering Agency within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account will be held and disbursed by the Administering Agency. e. Individual Account(s) – One or more subaccounts established within the Housing Capital Funds Account for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Contributions to an Individual Account from a Party may be released only upon, and in accordance with, the written direction of that Party. Page 124 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 3 f. SKHHP Fund – A special fund established by the Administering Agency, as authorized by RCW 39.34.030, to be known as the “Operating Fund of the SKHHP Executive Board”. Within the SKHHP Fund may be established various accounts and subaccounts including but not limited to a “SKHHP Operating Account” and a “Housing Capital Funds Account”. g. SKHHP Operating Account – An account created by the Administering Agency for the receipt of contributions from the Parties and other private or public entities, for the purpose of paying for the operations of and supporting the SKHHP annual budget. h. SKHHP Program Manager – The lead staff for SKHHP, reporting to the Executive Board, responsible for carrying out the SKHHP annual work plan and other terms of this Agreement. i. SKHHP Staff – The full-time and part-time staff hired or assigned with the responsibility for carrying out the SKHHP work plan. j. Sphere of Influence – The area in South King County where SKHHP is expected to conduct its work, as further described in Exhibit A. 2. PURPOSE. All Parties to this Agreement have responsibility for local and regional planning for the provision of housing affordable to residents that work and/or live in South King County. The Parties agree to act cooperatively to formulate affordable housing policies that address housing stability and to foster efforts to preserve and provide affordable housing by combining public funding with private-sector resources. In order to accomplish the purposes of this Agreement, the Parties agree to create a joint and cooperative undertaking responsible for administering the activities described herein. The cooperative undertaking among the Parties will be called the South King Housing and Homelessness Partners (“SKHHP”). The Parties further intend that this Agreement serve as a framework for all participating municipalities within the broader SKHHP Sphere of Influence to do the aforementioned work. The Parties encourage other cities and other public and private entities in South King County within the SKHHP Sphere of Influence to join the Parties in this endeavor. 3. STRUCTURE; CREATION OF JOINT BOARD. By executing this Agreement, the Parties hereto create a joint board pursuant to RCW 39.34.030(4) to govern SKHHP. The joint board created by this Agreement will be called the “Executive Board” and will be composed of members as provided for in Section 5.a of this Agreement. The Joint Board created in this Agreement is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). The Page 125 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 4 Executive Board will act on behalf of all Parties and as may be in the best interest of SKHHP in order to carry out the purposes of this Agreement. The Executive Board is not authorized to own assets or have employees. 4. RESPONSIBILITIES AND AUTHORITY. In order to carry out the purposes of SKHHP and this Agreement, the Executive Board will have the responsibility and authority to: a. Create and implement an annual work plan approved by the Executive Board to guide the work of SKHHP Staff. The work plan will include activities that may benefit multiple participating jurisdictions or individual jurisdictions. The work plan activities will be consistent with the purpose described in this Agreement. b. Provide recommendations to the Parties regarding the allocation of public and private funding for affordable housing purposes. c. Direct the Administering Agency to enter into agreements with third parties for the use and application of public and private funds contributed by individual Parties to the SKHHP Housing Capital Funds Account established in Section 14, under terms and conditions as may be agreed by the individual contributing Parties, as further described in Section 14. At least annually, report to the Parties on the geographic distribution of all housing capital funds as recommended by the SKHHP Executive Board. d. Guide the SKHHP Staff in the performance of the following duties: i. Provide recommendations to the Parties regarding local and regional affordable housing policies. SKHHP Staff will assist the Parties in developing strategies and programs to achieve State Growth Management Act housing goals, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans, as appropriate. ii. SKHHP Staff will provide technical assistance to any Party considering adoption of land use incentives or requirements, or affordable housing programs. SKHHP Staff will research model programs, develop draft legislation, prepare Page 126 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 5 briefing materials and make presentations to planning commissions and councils on request by a Party. SKHHP Staff will assist Parties in developing strategies and programs to implement county-wide affordable housing policies to meet State Growth Management Act objectives, growth targets, local Comprehensive Plan Housing Element goals, and local housing strategy plans for an equitable and rational distribution of low- and moderate-income housing. iii. Facilitate cooperation between the private and public sector with regard to the provision of affordable housing. SKHHP Staff will communicate directly with private developers, financial institutions, non-profit corporations and other public entities to assist in the implementation of affordable housing projects. SKHHP Staff will work directly with any Party to provide technical assistance with regard to the public funding of affordable housing projects and the implementation of affordable housing regulatory agreements for private developments. iv. SKHHP Staff will also identify public and private sites that are available for affordable housing and develop affordable housing alternatives for such sites. v. After the Housing Capital Fund is created, develop standard regulatory agreements acceptable to private and public financial institutions to facilitate the availability of funding for private and public projects containing affordable housing. vi. Provide other technical advice to any Party upon request and to enter into agreements to provide technical assistance to other public entities on a reimbursable basis. vii. Provide support and educational activities and to monitor legislative and regulatory activities and proposed policy changes related to affordable housing at the county, state and federal levels. Ensure that the Parties to this Agreement have a Page 127 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 6 strong South King County voice in regional decision making. viii. After the Housing Capital Fund is created, develop and carry out procedures for monitoring of affordable units and to administer direct service housing programs on behalf of any Party. Such direct service housing programs may include but are not limited to relocation assistance programs, rent voucher and/or deposit loan programs. ix. Work directly with other public and private entities for the development of affordable housing policies and encourage the provision and preservation of affordable housing. x. Work with the Advisory Board appointed under this Agreement and South King County agencies working on regional housing stability and housing affordability, identify trends and promising practices, and mobilize those agencies to support South King County positions in regional decision- making forums. xi. Support public and private fundraising efforts of public and private entities (including non-profit corporations) to raise funds to carry out the purposes of this Agreement. Enter into agreements with those entities for the use of such funds in order to carry out the purposes of this Agreement. xii. As directed by the Executive Board, accept public and private funding, invest those funds in accordance with State law, and take other appropriate and necessary action to carry out the purposes of this Agreement. 5. EXECUTIVE BOARD. a. Membership. SKHHP will be governed by an Executive Board composed of either an elected official or City Manager/Administrator for each city and the King County Executive, or their designated representative, of each Party. However, there will not be more than two members on the Executive Board representing cities with population less than 5,000 persons, unless approved by the Executive Board. In the event that there Page 128 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 7 are more than two Parties to this Agreement with population less than 5,000 persons, then those Parties will propose to the Executive Board for the Executive Board’s approval, a method for shared membership on the Executive Board by those Parties. Municipalities, local governments and public agencies within the Sphere of Influence may become Parties to this Agreement with representation on the Executive Board described in this Section 5, upon satisfaction of the requirements of Section 20. Any member of the Executive Board representing more than one Party must be approved by the chief executive officer of those Parties being represented by the shared Executive Board member. The Executive Board will administer this cooperative undertaking under the terms of this Agreement and under any procedures adopted by the Executive Board. b. Chair. The Chair of the Executive Board will be elected by the members of the Board from the Board membership; will preside over all meetings of the Executive Board; and will, in the absence of a Program Manager provided for in Section 6 of this Agreement, process issues, organize meetings and provide for administrative support as required by the Executive Board. The Chair will serve a one-year term, but may be reelected by the Executive Board. c. Alternate Member. Each member of the Executive Board may designate one alternate member who will serve in the place of the member on the Executive Board during the member's absence or inability to serve. Notice of the designation will be provided to the Chair of the Executive Board. An alternate member may only vote on behalf of the appointing Party if the Chair has received written notice of the alternate’s appointment. d. Powers. The Executive Board will have the power to (1) develop and approve an annual budget and annual work plan for SKHHP; (2) adopt procedures for the administration of SKHHP (including securing any necessary legal counsel) and for the conduct of meetings; (3) make recommendations to the Parties concerning planning, policy, programs and the funding of affordable housing projects; (4) establish policies for the expenditure of SKHHP budgeted items; (5) designate one or more Administering Agencies to carry out the terms of this Agreement; (6) establish a special fund with the Administering Agency as authorized by RCW 39.34.030, to be known as the “Operating Fund of the SKHHP Executive Board” (“SKHHP Fund”) within which Fund may be Page 129 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 8 established various accounts and subaccounts including but not limited to a “SKHHP Operating Account”(into which will be deposited funding for the SKHHP operating budget) and a “Housing Capital Funds Account”; (7) hold regular meetings on those dates and at those places as the Executive Board may designate; (8) direct the Administering Agency to enter into contracts and agreements for the provision of personnel and other necessary services to SKHHP, including accounting and legal services and the purchase of insurance, and authorize the Administering Agency to execute such other contracts, agreements or other legal documents necessary with public and private entities for SKHHP to carry out its purposes; (9) establish the responsibilities for the SKHHP Program Manager, direct and oversee the Administering Agency in the hiring process and performance review for that position and direct and oversee the activities of the SKHHP Program Manager; (10) appoint members of the Advisory Board; (11) assist with incorporating and/or work with a non-profit corporation to accept grants, donations and other funds on behalf of SKHHP and direct the Administering Agency to enter into contracts or other agreements with such agency for the use of those funds to carry out the purposes of this Agreement; and (12) take whatever other action is necessary to carry out the purposes of this Agreement. 6. ADMINISTRATION AND OVERSIGHT. The Executive Board will have final decision-making authority on behalf of SKHHP over all legislative and administrative matters within the scope of this Agreement. The Executive Board may delegate responsibility for general oversight of the operations of SKHHP to a Program Manager. The SKHHP Program Manager will submit quarterly budget performance and progress reports on the status of the work program elements to the Executive Board and the legislative body of each Party. The reports and their contents will be in a form acceptable to the Executive Board. The Executive Board will, by two-thirds supermajority vote, designate one or more of the Parties to serve as the Administering Agency, which will provide administrative support services on behalf of SKHHP. The Administering Agency will be the fiscal agent for SKHHP in accordance with the requirements of chapter 39.34 RCW. Each Party that serves in the capacity of Administering Agency hereby agrees to comply with the terms of this Agreement applicable to the Administering Agency in order to permit SKHHP to carry out its purposes. SKHHP will be staffed with personnel provided by the Parties and/or independent contractors contracting with the Administering Agency on behalf of SKHHP. Page 130 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 9 Any Party providing personnel to SKHHP will remain solely responsible for the continued payment of all compensation and benefits to those personnel as well as for any worker's compensation claims. All Parties will cooperate fully in assisting SKHHP to provide the services authorized in this Agreement. 7. MEETINGS OF EXECUTIVE BOARD. a. Frequency. The Executive Board will meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Executive Board will consist of the Board members (or alternates) who represent a simple majority of the Board's membership. Executive Board members (or alternates) may participate in any meeting by phone or video conferencing for all purposes, including but not limited to voting and establishing a quorum. c. Action. No action may be taken except at a meeting where a quorum exists. Action by the Executive Board requires an affirmative vote by a majority of the Board's membership, provided however, that a supermajority (two-thirds of Board members) will be required to appoint the Administering Agency, to add a new Party to this Agreement, or to modify the proposed contribution methodology for dues and assessments (see Section 15). Official action by the Executive Board may be conducted by motion, resolution, declaration, or other means as determined to be necessary by the Executive Board, provided however, appointment of the Administering Agency or Agencies shall be completed by resolution. All official action of the Executive Board shall be recorded in its official minutes. Each Executive Board member, or his or her alternate, will have one vote on any proposed action; except that shared member voting shall be in accordance with the Executive Board’s approval under Section 5 (a). Proxy voting will not be allowed. To the extent applicable to meetings of the Executive Board, the Executive Board will comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 8. ADVISORY BOARD. The Executive Board will create an Advisory Board to provide advice and recommendation to the Executive Board on land and/or money resource allocation for affordable housing projects, input on policy needs related to housing stability, program design and development, recommendations for emergency shelter and other immediate affordable housing needs, and to provide public education and community outreach Page 131 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 10 services. The Advisory Board will be created before the end of the first year of SKHHP operations (with the start of the year defined as the hiring of the SKHHP Program Manager). The Advisory Board will consist of not more than fifteen (15) and not less than twelve (12) community members. The Executive Board will appoint members to the Advisory Board. Members appointed to the Advisory Board must have knowledge and understanding of affordable housing, be committed to the furtherance of affordable housing in South King County, and represent diverse community perspectives. Appointments will be for a four-year term with service limited to a total of two consecutive terms. The Executive Board will adopt procedures for the convening and administration of the Advisory Board. A member may be removed from the Advisory Board by the Executive Board with or without cause on a majority vote of membership of the Executive Board. 9. MEETINGS OF ADVISORY BOARD. a. Frequency. The Advisory Board will meet as often as it deems necessary, but not less often than quarterly. b. Quorum. A quorum at any meeting of the Advisory Board will consist of the Board members who represent a simple majority of the Board's membership. Advisory Board members may participate in any meeting by phone or video conferencing for all purposes, including but not limited to voting and establishing a quorum. c. Action. No action may be taken except at a meeting where a quorum exists. Action by the Advisory Board requires an affirmative vote by a majority of those members attending a Board meeting where a quorum exists. Official action by the Advisory Board may be conducted by motion, resolution, declaration, or other means as determined to be necessary by the Advisory Board. Proxy voting is not allowed. To the extent applicable to meetings of the Advisory Board, the Advisory Board will comply with applicable requirements of the Washington State Open Public Meetings Act (chapter 42.30 RCW). 10. AGREEMENT DURATION. This Agreement will be in full force and effect for a period commencing as provided in Section 34, and ending December 31 2020. This Agreement will automatically renew for successive two-year terms, unless sooner terminated under the provisions of this Agreement. Page 132 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 11 11. TERMINATION OF AGREEMENT. This Agreement may be terminated at any time by affirmative vote of a majority of the legislative bodies of the Parties to this Agreement. Upon termination of this Agreement, all property acquired during the life of the Agreement will be disposed of in the following manner: (i) all property contributed without charge by any Party will revert to the contributing Party; (ii) all property purchased on behalf of SKHHP after the effective date of this Agreement will be distributed to the Parties based on each Party's pro rata contribution to the overall budget at the time the property was purchased; (iii) except as provided in Subsection (iv) below, all unexpended or reserve funds will be distributed to the Parties based on each Party's pro rata contribution to the overall budget in effect at the time the Agreement is terminated; (iv) all uncommitted monies in the Housing Capital Funds Account will be distributed to the Parties by remitting the total uncommitted amounts remaining in each Party’s Individual Account (as described in Section 14) to that Party; and (v) each Party that has funded a project through the Housing Capital Funds Account will be substituted for the Administering Agency with regard to all project financing documents, and the Administering Agency will be released from further obligations with respect thereto. 12. WITHDRAWAL. If a Party wishes to withdraw from participation in this Agreement, it may do so after the initial two year term if it first gives three months advance written notice to the Executive Board of its intention to withdraw, which notice will be due on or before October 1, 2020. If notice of an intent to withdraw is timely received, withdrawl will be effective as of 11:59 p.m. on December 31, 2020. The initial members of SKHHP agree they will participate for at least the first two years of the collaboration. After January 1, 2021, an opportunity is provided once per year for a Party to withdraw from this Agreement. Under this provision, advance written notice must be provided to the Executive Board on or before July 1, of its intention to withdraw from Page 133 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 12 participation in the Agreement, effective as of 11:59 p.m. on December 31st of that current year. Any Party withdrawing from this Agreement will remain legally and financially responsible for any obligation incurred by the Party pursuant to the terms of this Agreement, including but not limited to any project financing documents executed by the Administering Agency on behalf of that Party, during the time the withdrawing Party was a member of SKHHP. A notice of withdrawal may be revoked by the Party that submitted the notice only by approval of a majority of the Executive Board to accept the revocation. Any Party that provides written notice of its intent to withdraw may continue to vote on all matters before the Executive Board prior to the effective date of its withdrawl, except the budget and work plan for the following year. 13. BUDGET. The fiscal year for SKHHP will be January 1 to December 31 of any year. The first year budget and anticipated second year budget for SKHHP are attached to this Agreement as Exhibit B and incorporated herein by this reference. Approval of this Agreement by the legislative body of each Party includes approval of the first year SKHHP budget. For subsequent years, on or before June 1st of each year, a recommended operating budget and work plan for SKHHP for the next budget year will be prepared, reviewed and recommended by the Executive Board and transmitted to each Party. The recommended operating budget will contain an itemization of all categories of budgeted expenses and will contain an itemization of the amount of each Party's contribution, including in-kind services, toward that budget. Contributions to the SKHHP annual budget may also come from other public or private entities. The Executive Board will approve acceptance of those contributions. a. No recommended budget or work plan will become effective until approved by the legislative body of each Party and adopted by the Executive Board, except for SKHHP’s first year (2019). For the first year, the budget will be approved as part of the approval of this Agreement, and the first year work plan must be approved by the Executive Board. Once the legislative body of each Party has approved its contribution to SKHHP, either separately or through its budget process, and the SKHHP budget has been adopted by the Executive Board, each Party will be obligated to make whatever contribution(s) is budgeted for that Party. If a Party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the annual budget and work plan with a two-thirds majority vote. Page 134 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 13 b. Each Party’s contribution(s) will be transmitted to SKHHP on a quarterly basis at the beginning of each quarter unless otherwise provided in the budget document. Each Party will specify the amount of its contribution to be deposited by the Administering Agency into the SKHHP Operating Account, as well as the amount, if any, to be deposited into the Party’s Individual Account within the SKHHP Housing Capital Funds Account established by Section 14. c. If any Party is delinquent by more than three months in the payment of its approved operating budget contribution to the SKHHP Operating Account, that Party will not be entitled to vote on matters before the Executive Board until the delinquency has been paid. A Party’s decision not to contribute funds to its Individual Account, or its delinquency in funding the same will not affect that Party’s voting rights on the Executive Board. 14. HOUSING CAPITAL FUNDS ACCOUNT ESTABLISHED; PROCEDURES FOR ADMINISTERING HOUSING CAPITAL FUNDS ACCOUNT CONTRIBUTIONS. If authorized by resolution of the Executive Board, the Administering Agency may establish and maintain an account within the SKHHP Fund for the purpose of administering the contributions of Parties, or other public or private entities, to affordable housing projects and programs, to be known as the SKHHP Housing Capital Funds Account. The amounts in the Housing Capital Funds Account will be held and disbursed by the Administering Agency as described in this Agreement. a. Within the Housing Capital Funds Account, a sub- account will be established for each Party to this Agreement that chooses to contribute to the Housing Capital Funds Account. Such sub-accounts are collectively referred to as the “Individual Accounts.” Contributions to an Individual Account from a Party may be released only upon, and in accordance with, the written direction of that Party. b. A subaccount will be established within each Individual Account for each project or program funded in whole or part by a Party from its Individual Account. Such sub-accounts are referred to as “Project Accounts.” c. The Administering Agency will maintain records sufficient to separately track the deposits, withdrawals and interest earnings, within each Individual Account and each Project Account, and will provide quarterly reports to all Parties as to the status of funds in each Individual Account and Project Account. The Administering Agency’s responsibilities under this Section may Page 135 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 14 be delegated to the SKHHP Program Manager to the extent consistent with applicable law and as the Administering Agency and Executive Board may agree. d. Funds transmitted to SKHHP for deposit in the Housing Capital Funds Account will be held by the Administering Agency on behalf of SKHHP until directed for application to a specific project or program by the contributing Party. Uncommitted funds in an Individual Account will be remitted to the contributing Party within 45 days of receipt of written request from the Party signed by its chief executive officer, or upon the Party’s withdrawal from SKHHP in accordance with the terms of Section 12, or on the dissolution of SKHHP per Section 11. e. Funds held by the Administering Agency on behalf of SKHHP will be subject to laws applicable to public funds, including but not limitations on investments for public funds as provided in State law and the State constitutional limitations on the gifting of public funds. Investment earnings will be credited to each Individual Account and Subaccount on a pro rata basis. f. The Executive Board will develop standard forms of approvals and agreements to be used in the application of funds contributed to the Housing Capital Funds Account (collectively referred to as “project financing documents”), consistent with the following goals and procedures: (i) Each Party choosing to participate in funding a project or program through the Housing Capital Funds Account will by action of its legislative body authorize the application of a specified amount of its Individual Account monies to such project or program, and will authorize and direct the SKHHP Executive Board, the SKHHP Program Manager, and the Administering Agency to take such actions as necessary to accomplish this. The Executive Board will recommend to the individual legislative bodies various terms to accompany their authorizations, and the legislative body authorizations will at a minimum include terms related to: 1. amount of funds allocated; 2. project description, including minimum affordability requirements, if any; 3. nature of the funding commitment (loan, grant, or other); 4. in the event the funding commitment is provided as a loan, the general repayment terms Page 136 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 15 including but not limited to the term of the loan and applicable, interest rate(s); and 5. a general description of the security interests, if any, to be recorded in favor of the Party. (ii) For each individual housing project or program to be funded through the Housing Capital Funds Account, the developer, owner or administrator of such project or program (generally referred to as the “developer”), will enter into the necessary set of agreements (project financing documents) with the Administering Agency. The project financing documents will specify that the Administering Agency is acting as administering agency on behalf of each Party that is providing Housing Capital Funds Account funding to the project or program pursuant to this Agreement and RCW 39.34.030(4), and will identify each participating funding Party. The project financing documents will be consistent with general forms of agreement approved by the Executive Board and the terms and conditions approved by the legislative bodies of the funding Parties. To the extent permitted by law, the project financing agreements will incorporate all terms and conditions relative to the use and (if applicable) repayment of such funds, and provide for transfer of the Housing Capital Funds Account monies from the funding Parties to the developer. (iii) Funding contributions to, and repayments (if any) from, specific projects and programs will be recorded by the Administering Agency, including recording of monies deposited and withdrawn from each Party’s Individual Account and Project Accounts. Repayments (if any) under any project financing agreement will be applied pro rata to the funding Parties’ Individual Accounts based on the ratio of funding contributed to the project by each Party, unless the funding Parties otherwise agree. (iv) Unless the Parties funding a project or program through the Housing Capital Funds Account otherwise agree, a default, termination or other action against a developer or other third party may be declared only after securing approval in writing of the chief executive officers of funding Parties which together have contributed not less than 51% of the total SKHHP member funding to the project. The Administering Agency Page 137 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 16 will provide reasonable notice and information regarding the status of projects as necessary to each funding Party’s chief executive officer to allow them to make a timely decision in this regard. Funding Parties not consenting to such default, termination or other action will be bound by the decision of the majority. All funding Parties will be obligated on a pro rata basis (based on their contributions to the project) to pay to the Administering Agency its reasonable costs and expenses incurred as a result of declaring a default, terminating an agreement or taking other action against a developer or other third party. Any funds recovered through such enforcement proceedings will be allocated to the funding Parties Individual Accounts pro rata based on their respective funding contributions to a project. (v) The Executive Board may from time to time authorize the Administering Agency to administer housing project agreements entered into before the effective date of this Agreement, upon terms consistent with this Agreement and subject to the consent of the Administering Agency and the Parties to such agreements. 15. DUES, ASSESSMENTS AND BUDGET AMENDMENTS. Contributions to the SKHHP Operating fund will be based on groupings of like- sized cities (based on population), or whatever contribution methodology is approved by a two-thirds majority of the Executive Board. Funding for the activities of SKHHP will be provided solely through the budgetary process. Unless otherwise specified in this Agreement, no dues, charges or assessments will be imposed or required of the Parties except upon unanimous vote of the membership of the Executive Board and ratification by the legislative body of each Party subject to the dues, charges or assessments. An approved budget (the overall revenues and expenditures) will not be modified until approved by the legislative body of each Party and finally adopted by the Executive Board. If a Party agrees to totally fund an additional task to the work program, not currently approved in the budget, the task may be added to the work plan and the budget amended to reflect the funding of the total cost of such task by the requesting Party, upon approval by a majority of the membership of the Executive Board without approval by the individual Parties. Notwithstanding the foregoing, contributions by a Party to its Individual Account within the Housing Capital Funds Account will be solely within the Page 138 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 17 discretion of that Party and are not considered “dues or assessments.” 16. PUBLIC RECORDS REQUESTS. Records of SKHHP will be held by the Administering Agency, in addition to any records the Parties themselves may retain concerning their participation in SKHHP. These records may include meeting agendas, meeting summaries, reports, plans, budgets, and other documents. When a Party receives a request for records that may be held by the Administering Agency, the Party will refer the request to its own Executive Board member. The Party’s Executive Board member will then work with the Administering Agency to gather all responsive records. The Party receiving the request should work with its own public records staff (if any) to describe the request with sufficient specificity to allow the Administrative Agency to identify and provide the records being sought. If any clarification of the request is required, the Party receiving the request will obtain that clarification from the requester. All communication with the requester will be by the Party to whom the request was submitted. In consultation with the Administering Agency, it will be the responsibility of the Party to whom the request for records was made to estimate the time it will need to produce responsive records, determine which records are responsive to the request, and address any redactions permitted by law. The Party that receives the request will bear the responsibility of complying with the Public Records Act in relation to its public records. Nothing in this Section is intended to require a Party to collect or produce records that are not prepared, owned, used, or retained by that Party as contemplated by the Public Records Act. 17. INDEMNIFICATION AND HOLD HARMLESS. a. Each Party will indemnify, defend and hold other Parties (including without limitation the Party serving as, and acting in its capacity as, SKHHP’s Administering Agency), their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Party’s wrongful acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. If there is any recovery under this section, the Party responsible for any wrongful acts or omissions will pay any Page 139 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 18 judgment or lien arising from the acts or omissions, including all costs and other Parties’ reasonable attorney’s fees. If more than one Party is held to be at fault, the obligation to indemnify and to pay costs and attorney’s fees, will be only to the extent of the percentage of fault allocated to each respective Party by a final judgment of the court. b. If a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of a Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP’s Administering Agency), its officers, officials, employees, and volunteers, the Party’s liability hereunder will be only to the extent of the Party’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Party’s waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. The provisions of this Section will survive the expiration or termination of this Agreement. c. Each Party (including without limitation the Party serving as, and acting in its capacity as, SKHHP’s Administering Agency) will give the other Parties proper notice of any claim or suit coming within the purview of these indemnities. 18. INSURANCE. The Executive Board, SKHHP Program Manager and the Administering Agency will take such steps as are reasonably practicable to minimize the liability of the Parties associated with their participation in this Agreement, including but not limited to the utilization of sound business practice. The Executive Board will determine which, if any, insurance policies may be reasonably practicably acquired to cover the operations of SKHHP and the activities of the Parties pursuant to this Agreement (which may include general liability, errors and omissions, fiduciary, crime and fidelity insurance), and will direct the acquisition of same. 19. AMENDMENTS. Any amendments to this Agreement must be in writing. This Agreement may be amended upon approval of at least two-thirds of the legislative bodies of all Parties to this Agreement, evidenced by the authorized signatures of those Parties as of the effective date of the amendment. However, any amendment to this Agreement affecting the terms and conditions of membership Page 140 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 19 on the Executive Board, powers of the Executive Board, voting rights of Executive Board members, Party contribution responsibilities, hold harmless and indemnification requirements, provisions regarding duration, termination or withdrawal, or the conditions of this Section will require consent of the legislative authorities of all Parties. This Section will not be construed to require amendment of this Agreement for the addition of a new Party contemplated under Section 20 or for any related revision to Executive Board membership authorized in Section 5(a). 20. ADDITIONAL PARTIES. Municipalities, local governments and public agencies within the SKHHP Sphere of Influence may, on execution of the Agreement and approval of the budget and work plan by its legislative body, become a Party to this Agreement on affirmative vote of a two-thirds majority of the membership of the Executive Board. The Executive Board will determine by a vote of a majority of its membership what, if any, funding obligations the additional Party will commit to as a condition of becoming a Party to this Agreement. 21. SEVERABILITY. The invalidity of any clause, sentence, paragraph, subdivision, section or portion f this Agreement, will not affect the validity of the remaining provisions of the Agreement. 22. CONFLICT RESOLUTION. Whenever any dispute arises between the Parties or between a Party or Parties, the Executive Board, or the Administering Agency (referred to collectively in this Section as the “Parties”) under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting will include the Chair of the Executive Board, the SKHHP Program Manager, and the representative(s) of the Parties involved in the dispute. If the parties do not come to an agreement on the dispute, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) will be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute will share equally the costs of mediation and assume their own costs. 23. SURVIVABILITY. Notwithstanding any provision in this Agreement to the contrary, the provisions of Section 10 (Agreement Duration), Section 11 (Termination of Agreement), Section 12 (Withdrawal), Section 16 (Public Records Requests), and Section 17 Page 141 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 20 (Indemnification and Hold Harmless) will remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement. 24. WAIVER. No term or provision of this Agreement will be deemed waived and no breach excused unless that waiver or consent is in writing and signed by the Party claimed to have waived or consented. 25. SUBSEQUENT BREACH. Waiver of any default will not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement will not be deemed to be a waiver of any other or subsequent breach and will not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval of all Parties. 26. NOTICE. Any notice to the Executive Board will be in writing and will be addressed to the Chair of the Executive Board and to the SKHHP Program Manager. In the absence of a SKHHP Program Manager, notice will be given to the chief executive officer of the Administering Agency. Any notice to an Officer or Party will be sent, to the address specified by the chief executive officer of the Party. 27. ASSIGNMENT. No Party may sell, transfer or assign any of its rights or benefits under this Agreement without Executive Board approval. 28. APPLICABLE LAW AND VENUE. This Agreement and any rights, remedies, or obligations provided for in this Agreement will be governed, construed, and enforced in accordance with the substantive and procedural laws of the State. The Parties agree that the venue for any legal action under this Agreement is in the County in which a project is located, provided that the venue for any legal action against King County may be filed in accordance with RCW 36.01.050. 29. RETAINED RESPONSIBILITY AND AUTHORITY. Parties retain the responsibility and authority for managing and maintaining their own internal systems and programs related to affordable housing activities. 30. INDEPENDENT CONTRACTORS. Each Party to this Agreement is an independent contractor with respect to the subject matter of this Agreement. No joint venture or partnership is formed as a result of this Agreement. Page 142 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 21 Nothing in this Agreement will make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker’s compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of any compensation, fees, wages, benefits or taxes to or on behalf of any other Party’s employees. No employees or agents of one Party will be deemed, or represent themselves to be, employees of another Party. 31. NO THIRD PARTY BENEFICIERIES. This Agreement is for the benefit of the Parties only, and no third party will have any rights under this agreement. 32. NONDISCRIMINATION. The Parties will comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 33. COUNTERPARTS. This Agreement may be signed in counterparts and, if so signed, will be deemed one integrated Agreement. 34. FILING AND EFFECTIVE DATE; PRIOR AGREEMENTS. This Agreement will become effective January 1, 2019, subject to its approval by the legislative bodies of all jurisdictions who are members of SKHHP as of January 1, 2019, and, pursuant to RCW 39.34.040, upon recording this Agreement or posting this Agreement on a Party’s web site or other electronically retrievable public source. Although this Agreement may be approved and signed by a Party after the Agreement’s effective date, all acts consistent with the authority of this Agreement that occur on or after January 1, 2019, are hereby ratified and affirmed, and the terms of this Agreement will be deemed to have applied. Approved and executed this ________ day of ________________________,2019. Name of Party:________________ Approved as to form Page 143 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 22 ______________________________ ________________________________ By: _________________________ City Attorney Its: _________________________ Page 144 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 23 Page 145 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 24 EXHIBIT B Annual Expense Budget Full-time manager with salary/taxes/benefits 130,000$ Administrative & low-level policy support with salary/taxes/benefits 90,000$ Expenses - travel, phone, postage, and start-up costs 19,000$ Space 12,000$ SubTotal 251,000$ 10% Fiscal Administration Fee 25,100$ TOTAL 276,100$ Cost for 10 months of Operations:230,083$ Revenue Budget Outside sources* (County, philanthropy, aligned organizations) $ 68,000 Office Space (in-kind donation) [Pro-rated] $ 10,000 Shared among participating cities (see below) $ 152,083 TOTAL $ 230,083 Shares for participating cities: Population (OFM 2018 est) % of Population Grouped by Size** Auburn 80,615 12%20,236$ Burien 51,850 8%11,675$ Covington 20,080 3%5,837$ Des Moines 31,340 5%5,837$ Federal Way 97,440 15%20,236$ Kent 128,900 20%26,463$ Normandy Park 6,700 1%3,113$ Renton 104,100 16%26,463$ Tukwila 19,800 3%5,837$ Unincorporated SKC 111,000 17%26,463$ TOTAL 651,825 152,161$ *Outside sources **Grouped by Size Ranges KC Housing Authority 15,000 <10,000 3,113$ Enterprise 5,000 10,001- 35,000:5,837$ King County***48,000 35,001 - 65,000: 11,675$ TOTAL 68,000 65,001 - 100,000 20,236$ 100,001+ : 26,463$ FIRST YEAR SKHHP BUDGET 9 cities & King County Year 1: 10 months of Operations ***King County has committed $75,000; including covering the share for unincorporated (In Year 1, the accrual from the unicorporated SKC share is used for $7K in startup costs) Page 146 of 176 Revised 02.05.19 SKHHP Interlocal Agreement Revised Feb 05, 2019 25 Annual Expense Budget Full-time manager with salary/taxes/benefits 130,000$ Administrative & low-level policy support with salary/taxes/benefits 90,000$ Expenses - travel, phone, postage 12,000$ Space 12,000$ SubTotal 244,000$ 10% Fiscal Administration Fee 24,400$ TOTAL 268,400$ Revenue Budget Outside sources* (County, philanthropy, aligned organizations) $ 61,000 Office Space (in-kind donation) $ 12,000 Shared among participating cities (see below) $ 195,400 TOTAL $ 268,400 Shares for participating cities: Population (OFM 2018 est) % of Population Grouped by Size** Auburn 80,615 12%26,000$ Burien 51,850 8%15,000$ Covington 20,080 3%7,500$ Des Moines 31,340 5%7,500$ Federal Way 97,440 15%26,000$ Kent 128,900 20%34,000$ Normandy Park 6,700 1%4,000$ Renton 104,100 16%34,000$ Tukwila 19,800 3%7,500$ Unincorporated SKC 111,000 17%34,000$ TOTAL 651,825 195,500$ *Outside sources **Grouped by Size Ranges KC Housing Authority 15,000 <10,000 4,000$ Enterprise 5,000 10,001- 35,000:7,500$ King County***41,000 35,001 - 65,000: 15,000$ TOTAL 61,000 65,001 - 100,000 26,000$ 100,001+ : 34,000$ 9 cities & King County Year 2: Full Year of Operations ***King County has committed $75,000; including covering the share for unincorporated SECOND YEAR SKHHP DRAFT BUDGET Page 147 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Tenant Protection Laws and Programs (Tate) (20 Minutes) (7:00 p.m.) Date: February 6, 2019 Department: Community Development Attachments: Memorandum Exhibit A - Seattle Jus t Cause Resons for Eviction Exhibit B - NCHH Hous ing Standards Manual Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For Discussion Only Background Summary: Tenants of rental property are afforded a number of basic protections in Washington State and the City of Auburn. Additionally, there are programs and protections that have been implemented in other cities within the region that are intended to enhance those basic tenant protections. The attached memorandum provides an overview of laws and programs that apply within the City of Auburn as well as laws and programs that have been implemented in other communities. Rev iewed by Council Committees: Councilmember:Trout-Manuel Staff:Tate Meeting Date:February 11, 2019 Item Number: Page 148 of 176 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: February 4, 2019 Re: Tenant Protections in Washington State and the City of Auburn Washington State Tenant Protection Laws Landlord Tenant Act (RCW 59.18) The Landlord Tenant Act establishes a basic set of statewide laws designed to protect both tenants and landlords. It sets forth responsibilities of both parties. For landlords, it establishes timeframes for responding to needed repairs, eviction procedures, right of entry procedures for gaining access to units, and obligations to maintain buildings and property. For tenants, it establishes requirements for a tenant to maintain their unit, dispose of trash, not engage in drug activity, properly utilize building systems, restore the premises to its initial condition when vacating the unit. Manufactured Mobile Home Landlord Tenant Act (RCW 59.20) The Manufactured Mobile Home Landlord Tenant Act establishes similar landlord and tenant expectations as the Landlord Tenant Act. Mobile or Manufactured Home Parks are often structured in a way where the tenant owns the structure and is renting the space upon which the home is placed. This arrangement demands a different set of landlord and tenant responsibilities. Landlords are responsible for maintaining common areas, exterminate pests and rodents, maintain and protect utilities from the point of connection at the home throughout the rest of the premises, and to maintain roads. Tenants are responsible for maintaining their home, properly dispose of waste, refrain from drug use, and to not permit a public nuisance. The city does not have authority to enforce either of the above laws. Disputes between landlords and tenants are civil matters. As a result, tenants with lower income or that do not speak English as their primary language are at a disadvantage to exercise their tenant rights. Challenging landlords under the Landlord Tenant Act can trigger attorney or court fees or can result in retaliatory actions by a landlord such as eviction. Additionally, tenants who lack resources are challenged at finding alternate living arrangements due to the financial burden of moving and fear of receiving negative background checks provided by the current landlord. Page 149 of 176 But cities do have the authority to enact regulations and programs designed to better assist tenants and to reduce the number of instances where property or housing conditions have deteriorated to a point that leads to recurring tenant complaints. City of Auburn Tenant Protection Laws The City of Auburn has already enacted a number of laws and programs that provide benefit to tenants of rental properties. They are described as follows. Rental Housing Business License Regulations (ACC 5.22) All rental housing properties in the City of Auburn are required to hold a Rental Housing Business License. This program offers tenant protections in the following manner: • Establishes a mechanism for the City and multifamily property owners to engage and work on crime prevention strategies and property conditions with the objective of maintaining safe, clean and quality communities. • Establishes a mechanism for inspecting rental properties that are not complying with city laws. • Establishes an enforcement tool whereby a Rental Housing Business License can be denied, suspended or revoked due to failures to comply with adopted city laws. • Adopts laws that prohibit rental property owners from using source of income as the sole basis when selecting tenants. • Authorizes the city to impose transitional costs upon the rental property owner in the event the city revokes a Rental Housing Business License. International Property Maintenance Code (ACC 15.06) The IPMC establishes minimum standards for the condition of exterior properties, building systems, habitability, and occupancy. Features of this law include: • Requiring the exterior premises be clean and well maintained. • Requires properties to be free of rodents and pests. • Requiring that ventilation systems be operable (something that is important for reducing moisture, mold and mildew) • Requiring that windows be operable and screens be maintained. • Requiring plumbing systems that provide potable and heated water. • Requiring heating systems that ensure minimum temperature levels be achieved. • Requiring electrical systems and exterior lighting to function in a safe manner. • Requiring fire sprinkler and alarms systems to function. • Requiring buildings, walkways, decks, stairs and other structural components to be safe and secure. • Requiring adherence to basic life, safety and health standards. Public Nuisance Regulations (ACC 8.12) The City’s public nuisance regulations establish minimum standards for the exterior maintenance of property. Features of the ordinance include: Page 150 of 176 • Requiring vegetation be maintained on property in order to ensure that it does not attract pests or rodents. • Requiring that buildings be maintained so as not to become a blight. Mobile Home Closure Regulations (ACC 14.20) This chapter of city code establishes rules, timelines, and procedures that the owner of a mobile home park must follow prior to closing the park. Features of this ordinance include: • Before a park owner may issue eviction notices to residents the owner must submit a relocation report to the city. • The relocation report must provide information related to relocation assistance offered to all tenants. • Once the relocation report is approved by the city the owner of the park must provide at least 12 month notice of the closure to the park tenants. • The relocation report must be made available to all tenants within 14 days of its approval. What are Other Cities Doing? While Washington State Law precludes local municipalities from implementing approaches such as rent control (e.g. limiting the ability of a property owner to increase rent by pre- established amounts), there are actions that other cities have taken to help further protect tenants; especially tenants that qualify as lower income households. Here is a list of tenant protections that are not in effect in Auburn, but are in use in other cities: • Mandatory proactive inspection programs. Many cities have adopted local mandatory inspection programs utilizing the provisions outlined in RCW 59.18.125. RCW allows cities to establish mandatory multifamily inspection requirements subject to specific limitations (i.e. frequency, number of units to be inspected, etc.). The intent of this program is to ensure that properties do not deteriorate and that tenants are afforded a baseline expectation for housing condition. • Longer notification periods for rent increases. Under Washington State Law a landlord is required to provide at least 30 days notice of a rent increase. Many cities have adopted local ordinances that require landlords to provide 60 days notice of a rent increase. This provides a tenant with more time to find a different location to reside if they are not able to afford the rent increase. Typically, cities attach this requirement to rent increases that exceed 10% of the existing rent. This means that a 9% increase in rent only requires a 20 day notification, while an 11% increase requires a 60 day notification. As rental vacancy rates remain low and property values increase, it is common for the City of Auburn to hear that a landlord is raising their rental rates by amounts that exceed 10%. • Adopting “just cause eviction” regulations. Just cause ordinances require that landlords evict tenants based on reasonable justification. It is important to note that these ordinances do not interfere with eviction procedures based upon violations of a lease agreement; that eviction process is still available to the landlord. Just cause ordinances typically establish: Page 151 of 176 1. A longer notification period for landlords to notify a tenant to vacate. Under Washington State Law a landlord is required to provide a 20 day notification to vacate. This can cause a hardship on a tenant because they will be required to locate a new home and absorb moving and move in costs (e.g. deposit, first month rent, background check fees, etc.). Some cities have adopted laws that extend the notification period from 20 days to 60 days in order to provide additional time for the tenant to find a residence and to determine how they will pay for the costs of moving. 2. Just cause ordinances are designed to protection tenants from retaliatory decisions of landlords to evict a tenant for submitting a complaint or a request for repair. Without a just cause ordinance the landlord is free to evict a tenant whenever they want and without reason. While not every just cause ordinance outlines reasons that a landlord may evict a tenant, Seattle has incorporated 18 justified reasons for termination of a month to month tenancy. The 18 reasons outlined in Seattle City Code are attached as Exhibit A. • Developing a “tenant relocation assistance” program. In Washington State landlords are required to pay relocation and rental assistance to tenants forced to relocate when substandard property becomes condemned. Landlords must pay $2,000 or three times the monthly rent, whichever is greater, to families forced to move under these circumstances. If the landlord fails to pay, the city can collect the money from the landlord with interest and penalties. These laws already exist. An additional option that local municipalities may consider is designed to protect tenants forced to move because of building demolition or substantial rehabilitation. By local ordinance the city is allowed to require property owners to provide reasonable tenant relocation assistance to low-income tenants (50% AMI or less) when a building is demolished, substantial rehabilitation is proposed (even if that rehabilitation is required as a result of a code enforcement action), a change of use of property (e.g. the property owner obtains a rezone), or if a low-income housing restriction is removed from a property. Relocation assistance can take into account moving costs, utility connections and account set up, and an additional/unanticipated rental and utility costs in the new residence for one year after relocation. To implement this type of program State law requires that the landlord and city each pay 50% of these costs. • Adoption of Healthy Housing Standards. The National Center for Healthy Housing has published a 65 page manual of health housing standards. In lieu of including the entire manual, Exhibit B is the two page table of contents for the manual which provides an overview of subject areas that are covered in these model standards. The standards provide much greater specificity than the IPMC that the City has already adopted. Because of their specificity, both the tenant and the landlord has a greater understanding of their responsibilities which helps mitigate arguments down the road. An additional feature of this program is that it includes a tool that very clearly delineates what the tenant is responsible for and what the landlord is responsible to complete. This clarity is very helpful when the city responds to a complaint because it is not always apparent who is responsible for the cause of the issue and/or who should remedy the problem. A good example is mildew. When Code Enforcement investigates a mold or mildew complaint there are times where it is due to a condition Page 152 of 176 that the owner is responsible to remedy (e.g. repairing bathrooms that don’t function, repairing windows that sweat or don’t open, etc.); and there are times when the tenant has caused the problem – in all likelihood due to something that they are not aware that they did (e.g. not using bathroom fans, placing furniture up against an exterior wall that has baseboard heating, etc.). Page 153 of 176 Exhibit A Page 154 of 176 Page 155 of 176 Exhibit B Page 156 of 176 Page 157 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Multifamily Property Programs (Tate) (20 Minutes) (7:20 p.m.) Date: February 6, 2019 Department: Community Development Attachments: Memorandum Exhibit A - Auburn City Code Ch. 5.22 Exhibit B - RCW 59.18.125 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For Discussion Only Background Summary: Multifamily housing programs designed to maintain both exterior and interior conditions vary greatly throughout Washington State. Cities have the authority to adopt a variety of laws and/or implement programs where the objective is to establish a minimum set of property standards as well as housing and living conditions. Attached to this agenda bill is a memo that provides an overview of programs that are already in place in Auburn as well as programs that are in place in other cities. Rev iewed by Council Committees: Councilmember:Trout-Manuel Staff:Tate Meeting Date:February 11, 2019 Item Number: Page 158 of 176 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: February 4, 2019 Re: Multifamily Property Programs and Inspections Multifamily Profile of Auburn In Auburn there are approximately 460 properties that qualify as Multifamily properties. Multifamily includes communal residence, duplex, triplex, fourplex and larger complexes. The breakdown of these types of properties are as follows: • Duplex – 151 • Triplex – 17 • Fourplex – 136 • Apartments – 125 • Communal Residences – 30 The 460 multifamily properties provide approximately 12,000 dwelling units. This represents approximately 28% of the total number of dwelling units within the City (43,000 dwelling units of which 31,000 are single family and 12,000 are multifamily)1. While not multifamily, it is worth noting that there are 552 single family homes that currently hold a rental housing license. It is likely that there are more single family homes that are being rented due to the fact that many landlords are not aware of the requirement to obtain a City of Auburn rental housing license. Multifamily Programs in Auburn The City of Auburn has established multiple laws and programs that regulate multifamily properties and that are designed to establish minimum standards for property maintenance, housing condition/quality, and that ensure the City is actively engaged with multifamily property owners and managers. Those laws and programs are as follows: Rental Housing Licensing 1 Mobile Home Parks may be reflected in either the single family category or the rental category, but not both. This is because some mobile home parks operate under a model where homes are individually owned and spaces leased, while other parks have ownership of the individual homes that they then rent to a tenant. Page 159 of 176 In 2002 City Council adopted Chapter 5.22 of the Auburn City Code entitled “Rental Housing Business License and Strategies.” This code established the requirement for all owners of rental housing to obtain a rental housing license. The code also establishes a number of features and requirements (the full text of Chapter 5.22 is attached as Exhibit A): • ACC 5.22.020 – A fee structure: owners of between 1 and 4 rental dwelling units pay $53 per year; owners of between 5 and 25 units pay $106 per year; and owners of more than 25 units pay $212 per year. • ACC 5.22.030 – The option for the Mayor to create a Rental Housing Advisory Board. From its inception in 2002 this Board has never been established. Mayor Backus has asked City staff to work towards establishing this Board in 2019. • ACC 5.22.040 – Rental housing business license criteria which allows the City to require property owners to engage with Police and Code Enforcement in order to develop and implement strategies focused on reducing crime. This section of code also provides the City with the authority to inspect residential units of rental housing if the owner fails to meet the criteria established in this section. This section of code lays out a progressive series of actions that serves as the “playbook” that City staff utilizes when engaging multifamily property owners. • ACC 5.22.050 – Rental housing criteria that is intended to preclude discriminatory practices when screening potential tenants. • ACC 5.22.060 – License approval and disapproval procedures. • ACC 5.22.080 – License revocation procedures. • ACC 5.22.110 – Reimbursement for transitional costs. This section of code requires the property owner to incur tenant relocation costs in the event that the City closes a rental housing property due to the failure to comply with criminal codes or any health, fire, housing or life-safety code. Auburn Police Department Community Response Team (CRT) The City of Auburn Police Department CRT Officers have a very strong working relationship with multifamily property owners and managers. Auburn PD believes that this relationship is essential to serving positive outcomes at multifamily properties. The CRT Officers are tasked with engaging owners and managers with the intent of fostering a good working relationship. While 911 offers a resource that can be used during a specific event, CRT Officers are able to focus on working through more persistent issues that may arise on an ongoing basis at a multifamily property. This could pertain to a specific tenant that is challenging the multifamily property owner and/or multifamily community, or consultations on how to create a safer multifamily community for the residents, or simply to put names and faces together. Safe Auburn For Every Residence (SAFER) ACC 5.22.040 allows the City to require a property owner or property manager to attend crime free housing training programs. The City requires all multifamily rental license holders to attend Multifamily Housing Manager Training. Training is offered 4 times per year and consists of a full 8 hour session that is hosted by the Auburn Police Department, City Code Enforcement staff, and representatives of the Valley Regional Fire Authority. Property owners or managers are required to attend this training in order to obtain and retain their rental housing license. The City has also established the SAFER program. After completing Multifamily Housing Manager Training, property owners may seek enrollment in the SAFER program. To be enrolled in the program a property owner allows the City to conduct a full property inspection that includes an evaluation of all structures, stairways, Page 160 of 176 landscaping, lighting, and a variety of other features. If a property passes all inspection points it is enrolled in the program. The owner is then provided with the SAFER certification which they can use in their marketing materials. Additionally, the City provides the owner with a framed certificate, window clings, pens, a mug, and several other items that are branded with the SAFER logo. International Property Maintenance Code (IPMC) City Council has adopted the IPMC as part of the City’s building code. The IPMC establishes minimum standards for interior living conditions (plumbing, heating, ventilation, mold/mildew, moisture, pests) as well as the exterior conditions (landscaping, structural condition, on-site parking, walkways, and lighting) of a property. Chapter 1.25 of the Auburn City Code provides City Code Enforcement Officers with the authority to enforce all elements of the IPMC. Laws established under Chapter 1.25, the IPMC, and the Rental Housing Business License program work in concert with each other. When a tenant, neighbor or property owner submits a complaint regarding either the property or living conditions of a multifamily property, the City will conduct an inspection of the property or dwelling unit and take appropriate enforcement action as necessary. Other Cities Tukwila • The City requires a multifamily inspection once every four years. • For properties that have 4 or fewer dwelling units the property owner may hire a private inspector or utilize a city inspector. For larger properties, a private inspector is a requirement. • The City does not require that a property owner utilize an inspector from a pre- approved/pre-qualified list. However, the city has established a list of pre- approved/pre-qualified list that a property owner has the option to utilize in order to increase greater certainty of qualifications and familiarity with local requirements. • The City requires that a property owner pass a rental property inspection in order to obtain their initial rental housing license. Kent • Just beginning a rental housing inspection program. As a result of public meetings in 2015/2016 where more than 200 attendees of a series of public meetings expressed concern over the declining quality and appearance of multifamily properties. • In 2018 the Kent City Council adopted city code amendments that established a mandatory multifamily inspection program. Modeling their program after Lakewood and Bellingham. • All rental properties must be registered but only multifamily properties must be inspected. • They estimate 19,000 dwelling units citywide. Inspections will be conducted by third party inspectors. The city is not conducting inspections. The city is developing standards for inspectors to be placed on a “preferred inspector” list. Inspection required every 3 years. Lakewood Page 161 of 176 • Lakewood established the Rental Housing Safety Program (RHSP) in order to ensure that residential rental housing meets specific health and safety standards and to promote compliance with these standards so that the health and safety of tenants are not jeopardized. • City employs two multifamily inspectors. Property owners are provided with the option to either hire a third party inspector or they may utilize city inspection services. If a third party service is utilized, the private inspector must have passed the City’s RHSP inspection training course and possess certain credentials. • Inspection is required every 5 years. Anticipate 3,500 rental dwelling units which would result in approximately 700 inspections per year. Properties are selected on a lottery system in order to randomize chosen properties. Inspections are conducted for both single family and multifamily dwelling units. • Within a multifamily property complex the number of dwelling units inspected is based on the categories established in RCW 59.18.125 (for properties with 20 or fewer dwelling units, no more than 4 units may be inspected; for properties with more than 20 dwelling units, no more than 20% of units may be inspected). Per the RCW, a local municipality can inspect more units if the initial inspections reveal compliance problems. • The landlord must follow the Landlord Tenant Act when providing notice to individual tenants that an inspection of an individual unit will be scheduled. Tenants must comply with the inspection notice by providing access to their unit. Denying access will result in penalties as outlined in state law. • Property owners must complete an inspection within 9 months of receiving notice from the City. Once a property passes inspection the City issues a Certificate of Compliance that is valid for 5 years. • Lakewood makes information available to both property owners and tenants. Lakewood is clear to communicate that tenants are still required to follow steps outlined in the State’s Landlord Tenant Act or the Manufactured/Mobile Home Tenant Act if they have concerns over unsafe living conditions. Bellingham • The City of Bellingham established a residential rental property program in March 2015. The program applies to single family homes and multifamily properties. • Bellingham titled their ordinance “Ordinance Protecting Vulnerable Renters”. Besides establishing a rental property registration and inspection program, Bellingham also established requirements related to source of income discrimination, 60 day notice requirements of rent increases, and 60 day notice requirements for notices to vacate. • Inspections are required every 3 years. Owners have the option to use a City of Bellingham inspector or a pre-qualified private inspector selected from an approved private inspector list. • Landlords are responsible for notifying tenants of individual unit inspections consistent with Landlord Tenant laws. Others that have created registration/license and inspection programs • Mount Vernon • Mountlake Terrace • Pasco • Prosser • Seattle • Sunnyside Page 162 of 176 • Toppenish State Laws RCW 35A.82.020 authorizes cities to require business licenses of those who are in the business of renting residential property. The City of Auburn established a rental housing business license requirement in 2002. In 2010 the Washington State Legislature authorized local municipalities to establish rental inspection programs (RCW 59.18.125). A copy of RCW 59.18.125 is attached as Exhibit B. The following are highlights of this legislation: • Cities are allowed to establish a requirement that landlords must provide a certificate of inspection as a business license condition. • A city may require inspections no more frequently than once every 3 years. • If a program is adopted, Landlords are required to provide notification to their tenants that inspections of individual units may be required. • For rental properties that have 20 or fewer units, the municipality is precluded from requiring more than 4 individual unit inspections. • For rental properties that have 21 or more units, the municipality is precluded from requiring more than 20% of the individual units inspected, not to exceed 50 units. • The municipality may demand a greater number of individual units to be inspected if any of the units fail the initial inspection. • The program must allow for a property owner to have the option to hire a private inspector. Page 163 of 176 Exhibit A Page 164 of 176 Page 165 of 176 Page 166 of 176 Page 167 of 176 Page 168 of 176 Page 169 of 176 Page 170 of 176 Page 171 of 176 RCW RCW 59.18.12559.18.125 Inspections by local municipalitiesInspections by local municipalities——FrequencyFrequency——Number of rental Number of rental properties inspectedproperties inspected——NoticeNotice——AppealsAppeals——Penalties.Penalties. (1) Local municipalities may require that landlords provide a certificate of inspection as(1) Local municipalities may require that landlords provide a certificate of inspection as a business license condition. A local municipality does not need to have a business license or a business license condition. A local municipality does not need to have a business license or registration program in order to require that landlords provide a certificate of inspection. A registration program in order to require that landlords provide a certificate of inspection. A certificate of inspection does not preclude or limit inspections conducted pursuant to the certificate of inspection does not preclude or limit inspections conducted pursuant to the tenant remedy as provided for in RCW tenant remedy as provided for in RCW 59.18.11559.18.115, at the request or consent of the tenant, or , at the request or consent of the tenant, or pursuant to a warrant.pursuant to a warrant. (2) A qualified inspector who is conducting an inspection under this section may only(2) A qualified inspector who is conducting an inspection under this section may only investigate a rental property as needed to provide a certificate of inspection.investigate a rental property as needed to provide a certificate of inspection. (3) A local municipality may only require a certificate of inspection on a rental property(3) A local municipality may only require a certificate of inspection on a rental property once every three years.once every three years. (4)(a) A rental property that has received a certificate of occupancy within the last four (4)(a) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt years and has had no code violations reported on the property during that period is exempt from inspection under this section.from inspection under this section. (b) A rental property inspected by a government agency or other qualified inspector(b) A rental property inspected by a government agency or other qualified inspector within the previous twenty-four months may provide proof of that inspection which the local within the previous twenty-four months may provide proof of that inspection which the local municipality may accept in lieu of a certificate of inspection. If any additional inspections of the municipality may accept in lieu of a certificate of inspection. If any additional inspections of the rental property are conducted, a copy of the findings of these inspections may also be rental property are conducted, a copy of the findings of these inspections may also be required by the local municipality.required by the local municipality. (5) A rental property owner may choose to inspect one hundred percent of the units on(5) A rental property owner may choose to inspect one hundred percent of the units on the rental property and provide only the certificate of inspection for all units to the local the rental property and provide only the certificate of inspection for all units to the local municipality. However, if a rental property owner chooses to inspect only a sampling of the municipality. However, if a rental property owner chooses to inspect only a sampling of the units, the owner must send written notice of the inspection to all units at the property. The units, the owner must send written notice of the inspection to all units at the property. The notice must advise tenants that some of the units at the property will be inspected and that the notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW landlord as provided in RCW 59.18.07059.18.070. The notice must also advise tenants that if the . The notice must also advise tenants that if the landlord fails to adequately respond to the request for repairs or maintenance, the tenants landlord fails to adequately respond to the request for repairs or maintenance, the tenants may contact local municipality officials. A copy of the notice must be provided to the inspector may contact local municipality officials. A copy of the notice must be provided to the inspector upon request on the day of inspection.upon request on the day of inspection. (6)(a) If a rental property has twenty or fewer dwelling units, no more than four dwelling (6)(a) If a rental property has twenty or fewer dwelling units, no more than four dwelling units at the rental property may be selected by the local municipality to provide a certificate of units at the rental property may be selected by the local municipality to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.impair the health or safety of a tenant. (b) If a rental property has twenty-one or more units, no more than twenty percent of(b) If a rental property has twenty-one or more units, no more than twenty percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum the units, rounded up to the next whole number, on the rental property, and up to a maximum of fifty units at any one property, may be selected by the local municipality to provide a of fifty units at any one property, may be selected by the local municipality to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.endanger or impair the health or safety of a tenant. (c) If a rental property is asked to provide a certificate of inspection for a sample of(c) If a rental property is asked to provide a certificate of inspection for a sample of units on the property and a selected unit fails the initial inspection, the local municipality may units on the property and a selected unit fails the initial inspection, the local municipality may require up to one hundred percent of the units on the rental property to provide a certificate of require up to one hundred percent of the units on the rental property to provide a certificate of inspection.inspection. Page 1 of 2RCW 59.18.125: Inspections by local municipalities—Frequency—Number of rental pro... 2/5/2019https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.125 Exhibit B Page 172 of 176 (d) If a rental property has had conditions that endanger or impair the health or safety (d) If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the local municipality may require one of a tenant reported since the last required inspection, the local municipality may require one hundred percent of the units on the rental property to provide a certificate of inspection.hundred percent of the units on the rental property to provide a certificate of inspection. (e) If a rental property owner chooses to hire a qualified inspector other than a (e) If a rental property owner chooses to hire a qualified inspector other than a municipal housing code enforcement officer, and a selected unit of the rental property fails the municipal housing code enforcement officer, and a selected unit of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of inspection must initial inspection, both the results of the initial inspection and any certificate of inspection must be provided to the local municipality.be provided to the local municipality. (7)(a) The landlord shall provide written notification of his or her intent to enter an (7)(a) The landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing a local municipality with a certificate of inspection individual unit for the purposes of providing a local municipality with a certificate of inspection in accordance with RCW in accordance with RCW 59.18.15059.18.150(6). The written notice must indicate the date and (6). The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector's identification before the inspector enters the that the tenant has the right to see the inspector's identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on the day individual unit. A copy of this notice must be provided to the inspector upon request on the day of inspection.of inspection. (b) A tenant who continues to deny access to his or her unit is subject to RCW (b) A tenant who continues to deny access to his or her unit is subject to RCW 59.18.15059.18.150(8).(8). (8) If a rental property owner does not agree with the findings of an inspection (8) If a rental property owner does not agree with the findings of an inspection performed by a local municipality under this section, the local municipality shall offer an performed by a local municipality under this section, the local municipality shall offer an appeals process.appeals process. (9) A penalty for noncompliance under this section may be assessed by a local (9) A penalty for noncompliance under this section may be assessed by a local municipality. A local municipality may also notify the landlord that until a certificate of municipality. A local municipality may also notify the landlord that until a certificate of inspection is provided, it is unlawful to rent or to allow a tenant to continue to occupy the inspection is provided, it is unlawful to rent or to allow a tenant to continue to occupy the dwelling unit.dwelling unit. (10) Any person who knowingly submits or assists in the submission of a falsified (10) Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, is, in addition to the penalties provided for in subsection (9) of this inspection is issued, is, in addition to the penalties provided for in subsection (9) of this section, guilty of a gross misdemeanor and must be punished by a fine of not more than five section, guilty of a gross misdemeanor and must be punished by a fine of not more than five thousand dollars.thousand dollars. (11) As of June 10, 2010, a local municipality may not enact an ordinance requiring a (11) As of June 10, 2010, a local municipality may not enact an ordinance requiring a certificate of inspection unless the ordinance complies with this section. This prohibition does certificate of inspection unless the ordinance complies with this section. This prohibition does not preclude any amendments made to ordinances adopted before June 10, 2010.not preclude any amendments made to ordinances adopted before June 10, 2010. [ [ 2010 c 148 § 2.2010 c 148 § 2.]] Page 2 of 2RCW 59.18.125: Inspections by local municipalities—Frequency—Number of rental pro... 2/5/2019https://apps.leg.wa.gov/rcw/default.aspx?cite=59.18.125 Page 173 of 176 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: February 7, 2019 Department: City Counc il Attachments: Special Focus Area Key Matrix Budget Impact: Current Budget: $0 Proposed Revis ion: $0 Revis ed Budget: $0 Adminis trative Rec ommendation: Background Summary: Reviewed by Counc il Committees : Counc ilmember:Staff: Meeting Date:February 11, 2019 Item Number: Page 174 of 176 SPECIAL FOCUS AREAS COMMUNITY WELLNESS FINANCE, TECHNOLOGY, & ECONOMIC DEVELOPMENT PUBLIC WORKS & COMMUNITY DEVELOPMENT MUNICIPAL SERVICES PUBLIC HEALTH AND WELLNESS COMMUNITY & NEIGHBORHOOD SERVICES HOMELESSNESS & HOMELESSNESS PREVENTION HOUSING QUALITY, AFFORDABILITY & ATTAINABILITY HUMAN & SOCIAL SERVICES DOMESTIC VIOLENCE SERVICES COMMUNITY EQUITY EQUIPMENT RENTAL FACILITIES INNOVATION & TECHNOLOGY CITY REAL PROPERTY BUSINESS DEVELOPMENT SISTER CITIES INTERNATIONAL UTILITIES TRANSPORTATION SUSTAINABILITY ENVIRONMENTAL PROTECTION CULTURAL ARTS & PUBLIC ARTS PLANNING & ZONING PERMITS & DEVELOPMENT RIGHT OF WAY MANAGEMENT AIRPORT AIRPORT BUSINESS POLICE SCORE JAIL DISTRICT COURT PARKS & RECREATION ANIMAL CONTROL SOLID WASTE ENERGENCY PLANNING MULTIMEDIA CEMETERY Councilmember Trout-Manuel, Chair Councilmember Wales, Chair Councilmember DaCorsi, Chair Councilmember Brown, Chair Councilmember DaCorsi, Vice Chair Councilmember Holman, Vice Chair Councilmember Baggett, Vice Chair Deputy Mayor Peloza, Vice Chair 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES 2019 MEETING DATES February 11, 2019 February 25, 2019 January 14, 2019 January 28, 2019 April 8, 2019 April 22, 2019 March 11, 2019 March 25, 2019 June 10, 2019 June 24, 2019 May 13, 2019 May 27, 2019 August 12, 2019 August 26, 2019 July 8, 2019 July 22, 2019 October 14, 2019 October 28, 2019 September 9, 2019 September 23, 2019 December 9, 2019 December 23, 2019 November 12, 2019 November 25, 2019 Page 175 of 176 Updated 2-04-2019 NO.TOPIC Chair STAFF LEAD(S)STUDY SESSION REVIEW DATE(S) COUNCIL DISCUSSION SUMMARY ACTION DATE 1 Capital Projects Update and Featured Capital Project Discussion Chair DaCorsi Vice Chair Baggett Director Gaub 3/11/2019 2 Plastic Bag Ban Chair DaCorsi Vice Chair Baggett Director Tate 3/11/2019 3 Auburn Avenue Theater Chair DaCorsi Vice Chair Baggett Director Faber 3/11/2019 4 Auburn Valley Arts Group Chair DaCorsi Vice Chair Baggett Director Faber TBD 5 Tenant Protection Measures Chair Trout-Manuel Vice Chair DaCorsi Director Tate 2/11/2019 6 Multifamily Housing Protections Chair Trout-Manuel Vice Chair DaCorsi Director Tate 2/11/2019 7 Domestic Violence/Advocacy Report Chair Trout-Manuel Vice Chair DaCorsi City Attorney Gross 4/8/2019 8 Information Technology Chair Wales Vice Chair Holman Director Travis 2/25/2019 9 Funding Options Chair Wales Vice Chair Holman Director Coleman 10 Pete Lewis Park Update Chair Brown Vice Chair Deputy Mayor Peloza Chair Brown Vice Director Faber 3/25/2019 11 Park and Rec Update Chair Brown Vice Chair Deputy Mayor Peloza Director Faber 3/25/2019 COUNCIL MATRIX Page 176 of 176