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09 08 2015 Updated Agenda PacketAGENDA YELM CITY COUNCIL MEETING ► UI'UA I t TUESDAY, SEPTEMBER 8, 2015, 6:00 P.M. Website Viewing: Clicking on agenda items will open associated documents including staff reports, resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 2. Roll Call 3. Agenda Approval ACTION 4. Special Presentations- 5. Public Comment — Please complete a blue speaker's card and present it to the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speakers (five) are limited and may be adjusted to meet agenda requirements. 6. Consent Agenda ACTION a. Minutes; Regular Meeting August 25, 2015 b. lo. Payables; Checks #65279 - #65347 Totaling $830,232.35 7. Public Hearing- none scheduled 8. New Business- a. lo- Student Resource Officer Contract with Yelm Community Schools ACTION 10 min Presenters: Todd Stancil, Police Chief Attachments: Staff Report, Contract b. Yelm Community Center Contract, Department of Commerce Local and ACTION 10 min Community Projects 2016 Program Presenters: Noah Crocker, Finance Director Attachments: Staff Report, Contract 9. Old Business — none scheduled 10. Council and Mayor Councilmember Foster represents Yelm on the following committees. • Thurston County Solid Waste • Nisqually River Council Advisory Committee (SWAC) • Yelm Finance Committee Councilmember Baker represents Yelm on the following committees. • Intercity Transit Board • Yelm Adult Community Center Councilmember Isom represents Yelm on the following committees. • Thurston Regional Planning Yelm Economic Development Council Committee (TRPC) • Yelm Finance Committee Councilmember Littlefield represents Yelm on the following committees. • Thurston County HOME Yelm Finance Committee Consortium Councilmember Wood represents Yelm on the following committees. • (TRPC) Transportation Policy • Yelm Transportation Committee Board • TComm 911 Admin Board Councilmember Garmann represents Yelm on the following committees. • Yelm Transportation Committee Thurston County Law and Justice Councilmember Hendrickson represents Yelm on the following committees. • Medic One Yelm Emergency Operations Board Mayor Harding represents Yelm on the following committees. • Thurston County Economic • Yelm Finance Committee Development Council • Yelm Emergency Operations Board • Yelm Transportation Committee • Thurston County Mayor's Forum • Yelm Economic Development • (TRPC) Transportation Policy Committee Board 11. Executive Session- none scheduled 12. Correspondence (Correspondence is available upon request) Invitation to Speak Up, Speak Out - Annual Gala for SafePlace Olympia, Friday, September 25, 2015 - Indian Summer Golf & Country Club Thurston Regional Planning Council Pre - Agenda Friday, Sept. 11, 2015 8:30am -11 am Yelm- Rainier - Roy- Mckenna Chamber of Commerce September Forum & Luncheon Tuesday, Sept. 8, 2015 Thurston County Chamber of Commerce Voice Magazine Sept /Oct 2015 Nisqually Land Trust Annual Meeting & Salmon Bake Sunday, Sept. 13, 2015 4pm- 7:30pm at Odd Fellows Park, Olympia 13. Adjourn Upcoming Meetings Regular City Council Meeting, Tuesday, September 22, 2015, 6:00 pm, Public Safety Building Council Study Session, Wednesday, September 23, 2015, 5:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, October 13, 2015, 6:00 pm, Public Safety Buildin CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the proceedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the number of speakers limited to five. Comments during the public comment portion of the meeting should not be associated with measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. It is the City of Yelm's policy to provide reasonable accommodations for people with disabilities. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Janine Schnepf, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are available at AwL , ie I rn wwa.us Agenda Item 6. a. Minutes Page 1 of 4 YELM CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 25, 2015 MINUTES 1. Mayor Harding called the meeting to order at 6:00 pm. 2. Roll Call Present: J.W. Foster, Joe Baker, Jennifer Littlefield, Tracey Wood and Ken Garmann. 15 -067 MOTION BY JOE BAKER EXCUSING BOB ISOM AND RUSS HENDRICKSON FROM THE MEETING. CARRIED. Agenda Approval 15 -068 MOTION BY JW FOSTER APPROVING THE AGENDA AS PRESENTED. CARRIED. 4. Special Presentations - none scheduled 5. Public Comment - no comment 6. Consent Agenda Minutes - Regular Meeting August 11, 2015 Payables - Checks #65212 - #65278 Totaling $227,219.13 15 -069 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRESENTED. CARRIED. 7. Public Hearing -Ordinance No. 1003 & Ordinance No. 1004 Amendment to the Yelm Municipal Code relating to animal control and keeping of chickens, ducks and rabbits Mayor Harding opened the public hearing at 6:04 pm. Grant Beck gave the staff report for Ordinances No. 1003 and 1004. Mr. Beck stated citizens that wanted to keep chickens on their property spurred these amendments. This subject was presented to Council at numerous Study Sessions for their feedback. The Amendment is modeled after other jurisdictions that allow chickens, ducks and rabbits in residential neighborhoods with requirements. Cameron Jayne spoke in favor of allowing chickens inside the city limits. Ms. Jayne stated there are too many laws for people and by allowing chickens in our rural community people are better able to provide for themselves. Councilmember Baker stated the possible passing of this amendment is one of the best decisions that Council may make. Councilmember Littlefield pointed out that this code change does not supersede the Home Owners Association standards in your neighborhood. Each HOA has different standards. Terry Kaminski asked if chickens are roaming free and a dog gets out of its yard who will be responsible. Mayor Harding stated each property owner is responsible for keeping their animals under control and containment of their animals. The owners may be cited for a violation of the Yelm Municipal Code and it would be a civil matter. Page 1 of 4 August 25, 2015 Agenda Item 6. a. Minutes Page 2 of 4 Denise Smith, Yelm resident appreciates all the hard work put into the code amendment and stated it is a fair compromise that satisfies both ends of the spectrum. Mayor Harding thanked Ms. Smith for the time and effort she put forth in point of contacts with the community and the perspective she brought to meetings concerning this matter. Councilmember Wood pointed out that the Ordinance states the following animals are required to be licensed but are exempt from licensing fees. Mr. Beck stated the fees are established by Resolution and there is no fee for licensing at this time. Two comments in favor of the allowing chickens, ducks and rabbits as common household pets were received prior to the meeting. They are enclosed in the packet. Mayor Harding closed the public hearing at 6:17 pm. 8. New Business — a. Ordinance No. 1003 Animal Control Ordinance Grant Beck explained that the current animal control code, Chapter 6.08 YMC, was last updated in 2002 and contains regulations and procedures that are outdated and not consistent with current practices. The code is not clear regarding enforcement procedures and which City Department takes the lead on what types of violations. The proposed amendments clarify the roles and responsibilities of the various departments that implement the code, and formalize the process for notification of violations. The amendments further clarify that only dogs are impounded by Public Works and allows the option for chipping impounded dogs rather than requiring it. 15 -070 MOTION BY TRACEY WOOD ADOPTING ORDINANCE 1003 AMENDING CHAPTER 6.08 YELM MUNICIPAL CODE CLARIFYING ANIMAL CONTROL REGULATIONS, VIOLATIONS, AND PROCEDURES. CARRIED. b. Ordinance No. 1004 Amending UDC, YMC 18.30.10 Grant Beck stated that the City Council has been approached by citizens interested in raising chickens on residential lots within the City. Currently, the animal control code prohibits the raising of livestock in the City, including chickens, ducks and rabbits. The Council reviewed the request and the practices of other urban jurisdictions in Thurston County, all of which allow for the keeping of chickens, with restrictions. Council decided to hold a public hearing on a proposal of change to the code to allow chickens, ducks, and rabbits in the City, under certain conditions. The proposed code would allow up to three chickens or ducks on a 5,000 square foot lot, with an additional chicken for every 1,000 square feet over 5,000. Coops would be required to be at least 20 feet from any property line, to mitigate any impacts to neighbors. Ordinance No. 1004 updates the Unified Development Code to allow chickens, ducks and rabbits as common household pets. 15 -071 MOTION BY 7W FOSTER ADOPTING ORDINANCE NO. 1004 AMENDING SECTION 18.30.010 YELM MUNICIPAL CODE TO ALLOW CHICKENS, DUCKS, AND RABBITS AS COMMON HOUSEHOLD PETS. CARRIED. Page 2 of 4 August 25, 2015 Agenda Item 6. a. Minutes Page 3 of 4 c. BCRA Fee Agreement Amendment No. 2 — Yelm Community Center Phase 1 Ryan Johnstone explained that in February of 2014, Council authorized BCRA to begin full design of the community center project. The initial scope of work with BCRA included full design and limited construction management services. The design was complete in August of 2014 and the project was bid in September of 2014. In October of 2014, Council approved the first amendment adding additional construction management hours to replace management normally conducted with City staff. As the project moves forward, additional time is anticipated to complete the project. The Amendment includes increased construction management services that should be sufficient to complete the project. Councilmember Littlefield asked how much additional time we would be getting for the contract. Mayor Harding stated an additional 300+ hours is what we would be receiving for the Amendment. 15 -072 MOTION BY TRACEY WOOD AUTHORIZING MAYOR HARDING TO SIGN AMENDMENT NO. 2 WITH BCRA, INC. IN THE AMOUNT OF $20,160.00 FOR ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES REQUIRED TO COMPLETE PHASE I OF THE CITY'S COMMUNITY CENTER. CARRIED. c. Lodging Tax Advisory Committee Appointments Janine Schnepf stated that on January 13, 2015 the Yelm City Council adopted Ordinance No. 993 establishing the formation of the Lodging Tax Advisory Committee. RCW 67.28.1817 requires the appointment of a minimum of five members. Two members must be from the hotel industry, which collects the lodging tax, two members must be from agencies who are involved in activities authorized to be funded by revenues received from the tax, and one member is to be an elected official of the municipality who will also serve as chair of the committee. The City Council should confirm Mayor Harding's appointment of Connie Smallwood, Margaret Clapp, Denise Hibbeln, Jason Withrow, and Ron Harding to the Lodging Tax Advisory Committee. 15 -073 MOTION BY TRACEY WOOD CONFIRMING MAYOR HARDING'S APPOINTMENT OF CONNIE SMALLWOOD (YELM HISTORICAL MUSEUM), MARGARET CLAPP (PRAIRIE HOTEL), DENISE HIBBELN (PRAIRIE HOTEL), JASON WITHROW (YELM CHAMBER OF COMMERCE) TO SERVE AS THE LODGING TAX ADVISORY COMMITTEE, AND MAYOR HARDING (CITY OF YELM) AS THE ELECTED OFFICIAL TO SERVE AS CHAIR. STAFF HAS REVIEWED THE RECOMMENDED APPOINTMENTS TO MAKE SURE THAT COMMITTEE MEMBERS MEET THE REQUIREMENTS UNDER RCW 67.28.1817. d. Resolution No. 560 Transportation Facilities Charge Update Ryan Johnstone stated an error was noticed on Resolution No. 560 and the formula for calculating the Transportation Facility Charge, right before the meeting. A corrected Resolution will be available for the Mayor's signature tomorrow. Yelm Municipal Code Section 15.40.020 (5)(d) states that the City Council shall establish the transportation facility charge (TFC) annually as part of the adoption of the most current Six -Year Transportation Improvement Program (STIP). The TFC is based on the development's contribution to the increase in local traffic and the capacity related improvements identified in the STIP. Based on the adopted formula and the variables the 2015 Transportation Facilities Charge would be $1,497 per peak trip, which is a decrease of $115.00 per peak trip. The reason for the decrease is that the previous STIP included the Loop projects, which have now been removed. Councilmember Foster stated that the pie chart that shows the 2015 STIP Cost Breakdown is a great chart. It demonstrates the significance of regional traffic on Page 3 of 4 August 25, 2015 Agenda Item 6. a. Minutes Page 4 of 4 our community. Councilmember Foster asked for clarification on the SFD charge noted on the pie chart. Mr. Johnstone stated that is the charge that is applied to a Single Family Dwelling during initial permitting. The new corrected proposed SFD charge would be $1,512. Councilmember Garmann appreciates the Public Works Director going back and recalculating the formula to ensure accuracy. 15 -074 MOTION BY TRACEY WOOD ADOPTING RESOLUTION NUMBER 560 WITH THE CORRECTION, ESTABLISHING TRANSPORTATION FACILITIES CHARGES OF $1,497 PER PEAK TRIP BASED ON THE 2015 SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM. CARRIED. 9. Old Business -none scheduled 10. Mayor and Council Initiatives Councilmember Baker attended the Yelm Adult Community Center meeting where they discussed Community Connections with transportation and accessibility to promote a healthy, livable and prosperous community. Councilmember Baker attended the Intercity Transit Board meeting and planned for the upcoming year regarding promotion of Intercity Transit to outlaying cities to create a positive attitude towards the Intercity Transit. Councilmember Littlefield did not attend any committee meetings but did attend a Leadership Camp with Leadership students. Councilmember Littlefield was very impressed with the fact that Yelm Middle school teachers are directors of the camp and play a big part in the Leadership program. Councilmember Wood will be attending a retreat next month for the Transportation Policy Board. Mayor Harding wanted to answer Councilmember Littlefield's question regarding the extended contract for management services with BCRA. Mayor Harding he did the staff report for Fee Agreement Amendment No. 2. The approved contract would add 11 -12 hours per week of project management and would extend the project out. Completion of the Yelm Community Center building is expected to be the end of October 2015. 11. Executive Session - none scheduled 12. Correspondence included - Thurston County Auditor Mary Hall's News Release dated August 19, 2015 regarding the Thurston County Naturalization Ceremony Thurston County Auditor Mary Hall's News Release dated August 18, 2015 -Tie in Tenino Mayor's Race, Lot Draw to Determine who's first on November Ballot 13. Adjourned at 6:38 pm. Attest: Ron Harding, Mayor Lori Mossman, Deputy City Clerk Page 4 of 4 August 25, 2015 Agenda Item 6 b. VOUCHER APPROVAL FORM The following is a list of checks approved for payment at Jul i u.e day, Segrtiendx,,r 08, 2015 PR Direct Deposit 99999 99999 $131,59091 PR Checks 65279 65289 $15,978.17 Payroll AP Checks /EET 65290 65302 $173,212.57 Vouchers 65303 65347 $ 509,450.70 TOTAL $ 830,232.35 Mayor Councilmember Cotimcilmember Cotimcilmember Councilmember Cotimcilmember Council member Cotimcilmember ATTEST: CITY CLERK: The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment passed on a motion by at a regular council meeting held this 8th day of September, 2015 1 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT PAGE: 1 VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 0155 ARAMARK UNIFORM SERVICES I- 1988156372 WRF UNIFORMS R 9/08/2015 065303 412 535.10.25.00 UNIFORMS WRF UNIFORMS 86.5C I- 1988167592 WRF UNIFORMS R 9/08/2015 065303 412 535.10.25.00 UNIFORMS WRF UNIFORMS 109.16 I- 1988178968 WET UNIFORMS R 9/08/2015 065303 412 535.10.25.00 UNIFORMS WET UNIFORMS 109.16 304.82 2070 BATES, JENNIFER I- 2015 -0902 REFUND PARK DEP R 9/08/2015 065304 119 389.00.00.00 PARK DEPOSITS REFUND PARK DEP 25.00 25.00 1916 CANON FINANCIAL SERVICES, INC I- 15208594 SEWER COPIER R 9/08/2015 065305 412 535.10.42.03 COMMUNICATIONS: COPIER SEWER COPIER 146.55 146.5E 0270 CODE PUBLISHING CC I -50658 YMC UDATE UDC R 9/08/2015 065306 001 511.30.44.00 OFFICIAL PUBLICATIONS SERVIC YMC UDATE UDC 1,036.45 1,036.4E 0274 COMCAST I- 37074031 INTERNET SERVCIES R 9/08/2015 065307 001 518.81.42.04 COMMUNICATION: NETWORK INTERNET SERVCIES 2,172.15 401 534.10.42.01 COMMUNICATIONS: PHONE INTERNET SERVCIES 362.03 412 535.10.42.01 COMMUNICATIONS: PHONE INTERNET SERVCIES 362.02 2,896.2C 0280 COPIERS NORTHWEST I- INVI247756 ALL COPIES JULY 2015 R 9/08/2015 065308 001 518.81.42.03 COMMUNICATION: COPIERS ALL COPIES JULY 2015 155.95 001 518.81.42.03 COMMUNICATION: COPIERS ALL COPIES JULY 2015 90.56 001 518.81.42.03 COMMUNICATION: COPIERS ALL COPIES JULY 2015 67.55 001 518.81.42.03 COMMUNICATION: COPIERS ALL COPIES JULY 2015 122.37 401 534.10.42.03 COMMUNICATIONS: COPIER ALL COPIES JULY 2015 30.87 I- INVI250543 WWTP COPIES R 9/08/2015 065308 412 535.10.42.03 COMMUNICATIONS: COPIER WWTP COPIES 11.19 I- INVI250967 COPIES PD R 9/08/2015 065308 001 521.10.31.00 OFFICE /OPERATING SUPPLIES COPIES PD 98.12 576.61 1977 CRYSTAL SPRINGS I- 14117037081915 COOLER COURT R 9/08/2015 065309 001 521.10.49.00 FEES /DUES COOLER COURT 27.18 I- 14275350082115 CITY HALL COOLER R 9/08/2015 065309 401 534.10.31.00 GEN SVC OFFICE /OPR SUPPLIES CITY HALL COOLER 27.18 54.36 Agenda Item 6 b. 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 1501 DRAIN PRO INC I -45262 CATCH BASIN CLEANING R 9/08/2015 06531C 400 538.30.48.00 REPAIRS /MAINTENANCE CATCH BASIN CLEANING 9,505.81 I -715 PUMP STEP TANKS R 9/08/2015 06531C 412 535.80.48.02 WASTE ACTIVATED SLUDGE DISPO PUMP STEP TANKS 2,966.04 412 535.80.48.03 SEPTAGE DISPOSAL PUMP STEP TANKS 1,271.15 13,743.00 0350 EDGE ANALYTICAL I -15 -16733 FOG CATTLEMANS R 9/08/2015 065311 412 535.50.48.01 SYSTEM TESTING /OUTSIDE LAB FOG CATTLEMANS 73.00 I -15 -16907 FOG MCDONALD'S R 9/08/2015 065311 412 535.50.48.01 SYSTEM TESTING /OUTSIDE LAB FOG MCDONALD'S 73.00 146.00 1793 FAY FULLER CONDO ASSOC. I- 0000159 -IN LIBRARY CONDO EXPENSE R 9/08/2015 065312 001 572.10.41.00 LIBRARY SERVICES 0 &M LIBRARY CONDO EXPENS 1,767.39 I- 0000161 -IN LIBRARY UTILITIES R 9/08/2015 065312 001 572.10.41.00 LIBRARY SERVICES 0 &M LIBRARY UTILITIES 1,474.11 I- 0000164 -IN LIBRARY CONDO EXPEN R 9/08/2015 065312 001 572.10.41.00 LIBRARY SERVICES 0 &M LIBRARY CONDO EXPEN 486.19 3,727.69 0426 GORDER'S AUTO REBUILD I- 2015 -0902 REPAIR 1999 DODGE TRUCK R 9/08/2015 065313 001 576.80.48.00 REPAIRS /MICE VEHICLES & EQUI REPAIR 1999 DODGE TR 141.31 141.31 0440 HALF MOON SANITATION I -35071 COCHRANE PARK R 9/08/2015 065314 001 576.80.48.04 BLDG /GROUNDS /MICE- COCHRANE COCHRANE PARK 86.5C I -35072 TRAIL PROJECT R 9/08/2015 065314 001 576.80.48.06 BLDG /GROUNDS /MICE -TRAIL TRAIL PROJECT 86.50 173.00 2066 HENSON, MILDRED I- 2015/08 PARK DEPOIST REFUND R 9/08/2015 065315 119 389.00.00.00 PARK DEPOSITS PARK DEPOIST REFUND 25.00 25.00 1850 INLAND ENVIRONMENTAL RESOURCES I- 2015 -1994 WRF CHEMS R 9/08/2015 065316 412 535.50.48.00 FRED. PLANT MICE WRF CHEMS 4,280.06 4,280.06 0483 ISOM, CHRIS I- 2015/0827 COUNCIL DINNER RE R 9/08/2015 065317 001 511.60.40.00 TRAVEL /TRAINING /MTGS COUNCIL DINNER RE 70.00 70.00 3 Agenda Item 6 b. 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 CHECK VENDOR I.D. NAME STATUS DATE AMOUNT 2050 IVERSEN AND SONS INC I- 2015 -0824 CULLENS /SOLBERG SIDEWALDS R 9/08/2015 316 595.30.63.07 CULLENS /SOLBERG CONSTRUCTION CULLENS /SOLBERG SIDE 120,396.44 0486 J & I POWER EQUIPMENT, INC. I- 278202 PARKS EQUIP R 9/08/2015 001 576.80.35.00 SMALL TOOLS & MINOR EQUIPMEN PARKS EQUIP 3.22 1528 JCI JONES CHEMICALS, INC C- 665198 RETURN CONTAINERS R 9/08/2015 401 369.10.00.00 SALE SURPLUS /SCRAP RETURN CONTAINERS 200.00CR C- 665199 RETURN CONTAINERS R 9/08/2015 412 369.90.00.00 OTHER MISCELLANEOUS REVENUE RETURN CONTAINERS 699.98CR I- 665085 WRF CHEMS R 9/08/2015 412 535.50.48.01 SYSTEM TESTING /OUTSIDE LAB WRF CHEMS 2,326.07 I- 665086 WATER CHEMS R 9/08/2015 401 534.50.48.00 SYSTEM GEN REPAIRS /MICE WATER CHEMS 650.00 0532 KEYBANK I- 0927 - 2015 -0827 0927 SCHNEPF 2015 -08 R 9/08/2015 001 513.10.31.00 OFFICE /OPERATING SUPPLIES 0927 SCHNEPF 2015 -08 116.5C 001 513.10.31.00 OFFICE /OPERATING SUPPLIES 0927 SCHNEPF 2015 -08 116.5C 001 513.10.40.00 EXECUTIVE TRAVEL /TRAINING 0927 SCHNEPF 2015 -08 200.00 001 518.20.48.00 BUILDING MAINT /REPAIRS 0927 SCHNEPF 2015 -08 445.67 0532 KEYBANK I -3397- 2015 -08 3397- BADGER 2015 -08 R 9/08/2015 001 513.10.31.00 OFFICE /OPERATING SUPPLIES EXEC OFC SUPPLIES 134.35 0532 KEYBANK I -7815 2015 -0825 7815 BECK 2015 -08 R 9/08/2015 001 558.10.31.00 OFFICE /OPERATING SUPPLIES 7815 BECK 2015 -08 23.98 412 535.10.31.00 OFFICE /OPERATING SUPPLIES 7815 BECK 2015 -08 23.98 401 534.10.31.00 GEN SVC OFFICE /OPR SUPPLIES 7815 BECK 2015 -08 23.98 0532 KEYBANK I -9357 2015 -0825 9357 JOHNSTONE 2015 -0825 R 9/08/2015 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN 9357 JOHNSTONE 2015- 49.86 400 538.30.31.00 SUPPLIES 9357 JOHNSTONE 2015- 49.86 401 534.10.35.00 GEN SVCS TOOLS /EQUIPMENT 9357 JOHNSTONE 2015- 49.86 412 535.80.35.00 SMALL TOOLS /MINOR EQUIPMENT 9357 JOHNSTONE 2015- 49.86 412 535.10.43.00 TRAVEL /TRAINING 9357 JOHNSTONE 2015- 395.00 401 534.10.31.00 GEN SVC OFFICE /OPR SUPPLIES 9357 JOHNSTONE 2015- 28.08 412 535.10.31.00 OFFICE /OPERATING SUPPLIES 9357 JOHNSTONE 2015- 28.07 401 534.10.35.00 GEN SVCS TOOLS /EQUIPMENT 9357 JOHNSTONE 2015- 937.91 412 535.10.31.00 OFFICE /OPERATING SUPPLIES 9357 JOHNSTONE 2015- 254.15 001 576.80.48.05 BLDG /GROUNDS /MICE- CITY PK 9357 JOHNSTONE 2015- 63.53 401 534.10.35.00 GEN SVCS TOOLS /EQUIPMENT 9357 JOHNSTONE 2015- 113.42 4 PAGE: 3 CHECK CHECK CHECK DISCOUNT NO STATUS AMOUNT 065318 120,396.44 065319 3.22 06532C 06532C 06532C 06532C 2,076.09 065321 878.67 065322 134.3E 065323 71.94 065324 2,019.6C Agenda Item 6 b. 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Yelm 065328 BANK: AP ACCOUNTS PAYABLE 065328 DATE RANGE: 9/08/2015 THOU 9/08/2015 065328 38.03 CHECK VENDOR I.D. NAME STATUS DATE 0551 LAKESIDE INDUSTRIES I- 7509737MB STREET REPAIR R 9/08/2015 101 542.90.48.00 STREET REPAIRS /MAINTENANCE STREET REPAIR 1896 LANDAU ASSOCIATES I- 0035697 UST REMOVAL R 9/08/2015 302 594.76.61.00 SKATE PARK DEMO /ABATEMENT UST REMOVAL 1883 LIONS CLUB INTERNATIONAL I- 2015 -08 -20 LIONS CLUB INTERNATIONAL R 9/08/2015 001 521.10.41.00 PROFESSIONAL SERVICES LIONS CLUB INTERNATI I- 2015 -16 DUES- MICHELLE CHRISTIN R 9/08/2015 001 514.23.43.00 TRAVEL /TRAINING /DUES DUES- MICHELLE CHRIS 0638 MOUNTAIN LUMBER & HARDWARE I -1508- 049704 LONGMIRE KEYS R 9/08/2015 001 576.80.48.03 BLDG /GROUNDS /MICE- LONGMIRE LONGMIRE KEYS I -1508- 050065 GUTTER REPAIR LONGMIRE PARK R 9/08/2015 001 576.80.48.03 BLDG /GROUNDS /MICE- LONGMIRE GUTTER REPAIR LONGMI I -1509- 052549 STREET SIGN R 9/08/2015 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN STREET SIGN I- 1509 - 052671 STREETS R 9/08/2015 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN STREETS I- 1509 - 053160 STREET LADDER R 9/08/2015 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN STREET LADDER 1555 O'REILLY AUTO PARTS I- 3742- 424952 RESERVOIR WATCH GASKET R 9/08/2015 401 534.50.48.00 SYSTEM GEN REPAIRS /MICE RESERVOIR WATCH GASK 0691 OFFICE DEPOT, INC. 37564515 I- 787265043001 OFFICE SUPPLIES R 9/08/2015 001 521.10.31.00 OFFICE /OPERATING SUPPLIES OFFICE SUPPLIES I- 787855689001 OFFICE SUPPLIES R 9/08/2015 001 521.10.31.00 OFFICE /OPERATING SUPPLIES OFFICE SUPPLIES 0716 PARAMETRIX, INC. I -01 -75692 Water OU call R 9/08/2015 401 534.20.41.00 ENGINEERING PLANS & SERVICES Water OU call I -01 -75693 WRF Facility Plant R 9/08/2015 413 594.35.41.01 SEWER FACILITIES PLAN WRF Facility Plant 0723 PCI PEST CONTROL, LLC I -15721 PW PEST CONTROL R 9/08/2015 001 518.20.48.00 BUILDING MAINT /REPAIRS PW PEST CONTROL I -15722 PSB PEST CONTROL R 9/08/2015 001 518.20.48.00 BUILDING MAINT /REPAIRS PSB PEST CONTROL I -15723 MUSEUM PEST CONTROL R 9/08/2015 5 PAGE: 4 CHECK CHECK CHECK AMOUNT DISCOUNT NO STATUS AMOUNT 065325 57.08 1,574.64 57.08 065326 1,574.64 065327 70.00 065327 70.00 065329 28.24 06533C 272.11 06533C 166.83 065331 2,184.7C 065331 26,878.56 065332 152.18 065332 195.66 065332 140.00 137.6C 28.24 438.94 29,063.26 Agenda Item 6 b. 065328 4.33 065328 20.61 065328 9.42 065328 38.03 065328 65.21 065329 28.24 06533C 272.11 06533C 166.83 065331 2,184.7C 065331 26,878.56 065332 152.18 065332 195.66 065332 140.00 137.6C 28.24 438.94 29,063.26 Agenda Item 6 b. 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT PAGE: 5 VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 0723 PCI PEST CONTROL, LLC CONT I -15723 MUSEUM PEST CONTROL R 9/08/2015 065332 001 518.20.48.00 BUILDING MAINT /REPAIRS MUSEUM PEST CONTROL 108.70 456.54 0761 QUILL CORPORATION I- 7181774 Office Supplies R 9/08/2015 065333 001 558.10.31.00 OFFICE /OPERATING SUPPLIES Office Supplies 18.67 18.67 2068 SHERMAN SECURITY & LOCK I -20621 SERVICE CALL LOCK OUT SAFE R 9/08/2015 065334 001 521.10.41.00 PROFESSIONAL SERVICES SERVICE CALL LOCK OU 223.04 223.04 1998 STETZ CONSTRUCTION I- S885 -07C -1 SALES TAX COMMUNITY CENTER R 9/08/2015 065335 302 594.73.62.03 COMMUNITY CENTER - CONSTRUCT. SALES TAX COMMUNITY 23,090.63 I- S885 -08 COMMUNITY CENTER R 9/08/2015 065335 302 594.73.62.03 COMMUNITY CENTER - CONSTRUCT. COMMUNITY CENTER 212,340.50 235,431.13 0863 SUNBIRDS I- 103755 CAMERON KODAK BATTERY R 9/08/2015 065336 401 534.10.31.00 GEN SVC OFFICE /OPR SUPPLIES CAMERON KODAK BATTER 23.89 I- 103756 RATCHET STRAPS R 9/08/2015 065336 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN RATCHET STRAPS 8.69 32.58 0870 T &P AUTOMOTIVE I -23054 TIM R - TRUCK REPAIR R 9/08/2015 065337 401 534.50.48.01 VEHICLE REPAIRS /MICE TIM R - TRUCK REPAIR 3,712.06 3,712.06 0259 TACOMA, CITY OF I- 90642237 SLUDGE DISPOSAL R 9/08/2015 065338 412 535.80.48.02 WASTE ACTIVATED SLUDGE DISPO SLUDGE DISPOSAL 1,557.31 1,557.31 1750 THE OLYMPIAN I- 2015 -09 12 MTH SUBSCRIPTION PD R 9/08/2015 065339 001 521.10.41.00 PROFESSIONAL SERVICES 12 MTH SUBSCRIPTION 270.40 270.4C 1760 THOMSON, JOHN H I- 2015 -0908 PARK DEPOSIT REFUND R 9/08/2015 06534C 119 389.00.00.00 PARK DEPOSITS PARK DEPOSIT REFUND 25.00 25.00 0895 THURSTON CO AUDITOR I- 611630 MAP COPY, EMAIL, FEES R 9/08/2015 065341 001 558.10.49.00 MISC /RECORD ORDINANCES MAP COPY, EMAIL, FEE 256.00 256.00 0 Agenda Item 6 b. 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 PAGE: 6 ** T 0 T A L S ** NO REGULAR CHECKS: 45 HAND CHECKS: 0 DRAFTS: 0 EFT: 0 NON CHECKS: 0 VOID CHECKS: 0 VOID DEBITS VOID CREDITS TOTAL ERRORS: 0 7 INVOICE AMOUNT 509,450.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DISCOUNTS 0.00 0.00 0.00 0.00 0.00 0.00 CHECK AMOUNT 509,450.7C 0.00 0.00 0.00 0.00 Agenda Item 6 b. CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT 0936 UPS STORE I -1580 SAMPLE SHIPPING R 9/08/2015 065342 412 535.50.48.01 SYSTEM TESTING /OUTSIDE LAB SAMPLE SHIPPING 14.34 14.34 2069 VERIZON WIRELESS I- INV9236003 TRUCK GPS EQUIP R 9/08/2015 065343 001 576.80.35.00 SMALL TOOLS & MINOR EQUIPMEN TRUCK GPS EQUIP 209.24 401 534.10.35.00 GEN SVCS TOOLS /EQUIPMENT TRUCK GPS EQUIP 209.24 412 535.80.35.00 SMALL TOOLS /MINOR EQUIPMENT TRUCK GPS EQUIP 209.24 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN TRUCK GPS EQUIP 209.23 836.9E 1024 WA STATE DEPT OF TRANSPORTATIC I- RE- 313- ATB50818083 JULY 2015 SIDEWALK IMPROV R 9/08/2015 065344 316 595.30.63.06 CULLENS /SOLBERG ENGINEERING JULY 2015 SIDEWALK I 472.35 472.3E 1035 WELLS FARGO I- 5002417414 PD COPIER R 9/08/2015 065345 001 518.81.42.03 COMMUNICATION: COPIERS PD COPIER 227.32 227.32 2065 WHY NISQUALLY FEDERAL SERVICES I- 2015/0815 AC WATER MAIN REPLACEMENT R 9/08/2015 065346 404 594.34.63.12 AC WTRMAIN REPLACE- COSTRUCTIONAC WATER MAIN REPLAC 77,412.05 77,412.0E 2067 YELM SHELL -GRAND STAR INC I- 2015/0824 B &O REFUND R 9/08/2015 065347 001 316.10.00.00 BUSINESS & OCCUPATION TAX B &O REFUND 4,138.84 4,138.84 ** T 0 T A L S ** NO REGULAR CHECKS: 45 HAND CHECKS: 0 DRAFTS: 0 EFT: 0 NON CHECKS: 0 VOID CHECKS: 0 VOID DEBITS VOID CREDITS TOTAL ERRORS: 0 7 INVOICE AMOUNT 509,450.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DISCOUNTS 0.00 0.00 0.00 0.00 0.00 0.00 CHECK AMOUNT 509,450.7C 0.00 0.00 0.00 0.00 Agenda Item 6 b. 9/08/2015 3:50 PM VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 8 A/P HISTORY CHECK REPORT ** G/L ACCOUNT TOTALS ** G/L ACCOUNT NAME AMOUNT 001 316.10.00.00 BUSINESS & OCCUPATION TAX 4,138.84 001 511.30.44.00 OFFICIAL PUBLICATIONS SERVIC 1,036.45 001 511.60.40.00 TRAVEL /TRAINING /MTGS 70.00 001 513.10.31.00 OFFICE /OPERATING SUPPLIES 367.35 001 513.10.40.00 EXECUTIVE TRAVEL /TRAINING 200.00 001 514.23.43.00 TRAVEL /TRAINING /DUES 70.00 001 518.20.48.00 BUILDING MAINT /REPAIRS 902.21 001 518.81.42.03 COMMUNICATION: COPIERS 663.75 001 518.81.42.04 COMMUNICATION: NETWORK 2,172.15 001 521.10.31.00 OFFICE /OPERATING SUPPLIES 537.06 001 521.10.41.00 PROFESSIONAL SERVICES 563.44 001 521.10.49.00 FEES /DUES 27.18 001 558.10.31.00 OFFICE /OPERATING SUPPLIES 42.65 001 558.10.49.00 MISC /RECORD ORDINANCES 256.00 001 572.10.41.00 LIBRARY SERVICES 0 &M 3,727.69 001 576.80.35.00 SMALL TOOLS & MINOR EQUIPMEN 212.46 001 576.80.48.00 REPAIRS /MICE VEHICLES & EQUI 141.31 001 576.80.48.03 BLDG /GROUNDS /MICE- LONGMIRE 24.94 001 576.80.48.04 BLDG /GROUNDS /MICE- COCHRANE 86.50 001 576.80.48.05 BLDG /GROUNDS /MICE- CITY PK 63.53 001 576.80.48.06 BLDG /GROUNDS /MICE -TRAIL 86.50 * ** FUND TOTAL * ** 15,390.01 101 542.30.35.00 SMALL TOOLS & MINOR EQUIPMEN 380.44 101 542.90.48.00 STREET REPAIRS /MAINTENANCE 57.08 * ** FUND TOTAL * ** 437.52 119 389.00.00.00 PARK DEPOSITS 75.00 * ** FUND TOTAL * ** 75.00 302 594.73.62.03 COMMUNITY CENTER - CONSTRUCT. 235,431.13 302 594.76.61.00 SKATE PARK DEMO /ABATEMENT 1,574.64 * ** FUND TOTAL * ** 237,005.77 316 595.30.63.06 CULLENS /SOLBERG ENGINEERING 472.35 316 595.30.63.07 CULLENS /SOLBERG CONSTRUCTION 120,396.44 * ** FUND TOTAL * ** 120,868.79 400 538.30.31.00 SUPPLIES 49.86 400 538.30.48.00 REPAIRS /MAINTENANCE 9,505.81 * ** FUND TOTAL * ** 9,555.67 401 369.10.00.00 SALE SURPLUS /SCRAP 200.00CR 401 534.10.31.00 GEN SVC OFFICE /OPR SUPPLIES 103.13 401 534.10.35.00 GEN SVCS TOOLS /EQUIPMENT 1,310.43 401 534.10.42.01 COMMUNICATIONS: PHONE 362.03 PAGE: 7 Agenda Item 6 b. 9/08/2015 3:50 PM VENDOR SET: 01 City of Yelm BANK: AP ACCOUNTS PAYABLE DATE RANGE: 9/08/2015 THOU 9/08/2015 VENDOR SET: 01 BANK: AP BANK: AP TOTALS: REPORT TOTALS: 0 A/P HISTORY CHECK REPORT ** G/L ACCOUNT TOTALS ** G/L ACCOUNT NAME AMOUNT 401 534.10.42.03 COMMUNICATIONS: COPIER 30.87 401 534.20.41.00 ENGINEERING PLANS & SERVICES 2,184.70 401 534.50.48.00 SYSTEM GEN REPAIRS /MICE 678.24 401 534.50.48.01 VEHICLE REPAIRS /MICE 3,712.06 * ** FUND TOTAL * ** 8,181.46 404 594.34.63.12 AC WTRMAIN REPLACE- COSTRUCTION 77,412.05 * ** FUND TOTAL * ** 77,412.05 412 369.90.00.00 OTHER MISCELLANEOUS REVENUE 699.98CR 412 535.10.25.00 UNIFORMS 304.82 412 535.10.31.00 OFFICE /OPERATING SUPPLIES 306.20 412 535.10.42.01 COMMUNICATIONS: PHONE 362.02 412 535.10.42.03 COMMUNICATIONS: COPIER 157.74 412 535.10.43.00 TRAVEL /TRAINING 395.00 412 535.50.48.00 TRMT. PLANT MICE 4,280.06 412 535.50.48.01 SYSTEM TESTING /OUTSIDE LAB 2,486.41 412 535.80.35.00 SMALL TOOLS /MINOR EQUIPMENT 259.10 412 535.80.48.02 WASTE ACTIVATED SLUDGE DISPO 4,523.35 412 535.80.48.03 SEPTAGE DISPOSAL 1,271.15 * ** FUND TOTAL * ** 13,645.87 413 594.35.41.01 SEWER FACILITIES PLAN 26,878.56 * ** FUND TOTAL * ** 26,878.56 NO INVOICE AMOUNT TOTALS: 45 509,450.70 45 509,450.70 45 509,450.70 DISCOUNTS 0.00 0.00 0.00 PAGE CHECK AMOUNT 509,450.7C 509,450.7C 509,450.7C 8 Agenda Item 6 b. 9/08/2015 3:50 PM A/P HISTORY CHECK REPORT PAGE: 9 SELECTION CRITERIA Agenda Item 6 b. VENDOR SET: 01 -CITY OF YELM VENDOR: ALL BANK CODES: All FUNDS: All CHECK SELECTION CHECK RANGE: 000000 THOU 999999 DATE RANGE: 9/08/2015 THOU 9/08/2015 CHECK AMOUNT RANGE: 0.00 THOU 9,999,999.99 INCLUDE ALL VOIDS: YES PRINT OPTIONS SEQUENCE: CHECK NUMBER PRINT TRANSACTIONS: YES PRINT G /L: YES UNPOSTED ONLY: NO EXCLUDE UNPOSTED: NO MANUAL ONLY: NO STUB COMMENTS: NO REPORT FOOTER: NO CHECK STATUS: NO PRINT STATUS: * - All ice To: Mayor Ron Harding Yelm City Council From: Todd Stancil, Chief of Police. Agenda Item 8. a. SRO Contract with Yelm Comm. Schools Page 1 of 6 City of Yelm STAFF REPORT Date: September 3, 2015 (for September 8th City Council meeting) Subj: School Resource Officer Agreement for 2015/16 Recommendation Authorize Mayor Harding to sign the Agreement between Yelm Community Schools and the City of Yelm for School Resource Officer services for the 2015/16 school year. Background Over the past 20 plus years, the Yelm School District and City of Yelm have partnered to provide a police officer to work within the school district. From 1992 to 1999 this service was provided by a D.A.R.E. instructor that taught drug abuse resistance education to all 5th grade classrooms. In the fall of 1999, this service was changed to that of a School Resource Officer (SRO), who since that time has been responsible for handling all emergency calls coming from the schools as well as education and crime prevention. The City has provided this service for a number of years with an annual agreement to allow the parties to review the program on a regular basis. Current Situation The contract before council tonight has no language changes from previous years. The contract amount has changes to reflect an increase in contribution from the Yelm School District. September 3, 2015 Page 1 of 1 Agenda Item 8. a. SRO Contract with Yelm Comm. Schools Page 2 of 6 Agreement Between Yelm Public Schools And City of Yelm For The School Resource Officer Program THIS AGREEMENT, made and entered into this 1st day of September, 2015, by and between the Yelm School District and the City of Yelm. WHEREAS, the Yelm School District and the Yelm Police Department work cooperatively to ensure a safe and secure learning environment for the youth of this community and agree that it is in the best interest of both parties to assign a School Resource Officer (SRO) to the local schools within the Yelm School District. WHEREAS, Yelm School District (hereinafter referred to as School District) agrees to share in the cost of and provide facilities for the aforementioned School Resource Officer. NOW THEREFORE, it is mutually agreed as follows: The Yelm Police Department (hereinafter referred to as Police Department) will assign one regularly employed Yelm Police Officer to serve as a School Resource Officer (SRO) to the school district. The SRO will be responsible for serving as the primary SRO for all schools within the school district. The SRO's will provide a uniformed presence on campus to promote safety and serve as a positive resource to the high schools, middle schools, elementary schools, and alternative schools. SRO's will patrol their assigned schools and surrounding areas in order to identify, investigate, enforce, deter, and prevent crime, especially those incidents involving weapons, youth violence, harassment, gang involvement, drugs, or other similar activities. In addition, SRO's will provide students, parents, teachers and administrators with information, support, education /training, problem solving mediation and facilitation. Agenda Item 8. a. SRO Contract with Yelm Comm. Schools Page 3 of 6 SRO's shall at all times remain employees of the City of Yelm and shall not be employees of the Yelm School District. SRO's shall remain responsive to supervision and chain of command of the Police Department which shall be responsible for their hiring, training, discipline, and dismissal. Any allegation of improper conduct by an SRO will be referred to the SRO's immediate supervisor or directly to the Chief of Police. The amount of time the SRO will spend at the schools will be in direct proportion to the amount of yearly reimbursement the Yelm School District provides the City of Yelm for the officer's time. This time is for activities specified in the MOU outside of routine police responses to the school. This amount is based on total salary and benefits the officer is paid and is recalculated yearly. This amount of time is minus any scheduled vacation time, sick time, training time, court time, or any other police - related activity, including any emergencies such as civil disasters. Scheduling for SRO's while school is in session will be determined by the SRO's direct police supervisor. The SRO will not take vacation while school is in session unless approved by his /her police supervisor. On scheduled work days when school is not in session (summer vacation, school breaks, holidays, etc.), the SRO will work on assignments as determined by their police supervisor. Nothing in this agreement prevents the school district from continuing the practice of hiring off -duty Yelm Police Officers to provide security at sporting events or other special events. The terms of this agreement do not cover off -duty officers hired for these purposes. IV In the event the Principal of the school to which an SRO is working has cause to believe that the SRO is not effectively performing in accordance with this Agreement, the Principal may recommend to the School District and the Police Department that the SRO be removed from the program. To initiate the replacement of an SRO, the Principal will recommend to the District Superintendent, or his /her designee, that the SRO be replaced, stating the reasons in writing. Within a reasonable period of time after receiving the recommendation, the Superintendent or his /her designee will meet with the Chief of Police or his /her designee, to mediate or resolve the problem that may exist. VA The duties and responsibilities of the Yelm Police Department include the following: • Have SRO's participate in and train school staff in threat assessment, critical incident response and the development of an off -site crisis response center in case of a school, district or county -wide critical incident or terrorist event impacting the safety of students and staff. • Participate in planned training with mental health, juvenile justice, and school based staff, Agenda Item 8. a. SRO Contract with Yelm Comm. Schools Page 4 of 6 • Work with all District partners in the delivery of law enforcement - related prevention activities for both students and staff. • Collaborate with District partners in assuring the development, revision and dissemination of safe school policies. VI Additional duties and responsibilities of the SRO while on duty include, but are not limited to, the following: • Regularly wear the official police uniform • Establish and maintain a working rapport with the school administrators and school staff. • Act as a resource person in the area of law enforcement education at the request of the staff, speaking in classes on the law, search and seizure, drugs, motor vehicle laws, etc. • Assist in providing school -based security during the regular school day; assist in the promotion of a safe and orderly environment at the assigned schools. The SRO shall not act as a disciplinarian; however, the SRO may assist the school with discipline problems and, if the problem or incident is a violation of the law, will determine whether law enforcement action is appropriate. Violations of school rules will be turned over to the school administration. • Investigate crimes or other school - related incidents on campus, making arrests, when appropriate, and making the necessary timely notifications to parents, school staff, and social service agencies. • Assist in mediating disputes on campus, including working with students to help them solve disputes in a non - violent manner. • Perform other duties mutually agreed upon by the principal and the SRO provided the duty is legitimately and reasonably related to the SRO program as described in the Agreement and is consistent with Federal and State Law, local ordinances, Police Department and School District policies, procedures, rules, and regulations. VII In return for the City providing SRO services, the Yelm School District will: • Provide a secure office space within the Yelm School District to be used by the SRO for general office purposes. The offices must be properly lighted and equipped with a telephone. This office space can be a shared space with district personnel with the ability to be used solely by the SRO if /when situations arise dictating this need. • Equip office with a locking cabinet and reasonable office supplies. • Provide a reasonable police parking space or parking area. Agenda Item 8. a. SRO Contract with Yelm Comm. Schools Page 5 of 6 VIII The Yelm School District agrees to pay the City of Yelm $60,000.00 as its share of the SRO program for the period of September 1, 2015 to June 15th, 2016. The exact time periods may fluctuate a day or two either way to coincide with the adopted school schedule. The School District and the Yelm Police Department agree to negotiate program costs annually for any subsequent period. IX Both parties understand and agree that the City is acting hereunder as an independent contractor, with the following intended results: • Control of personnel, standards or performance, discipline and other aspects of performance shall be governed entirely by the department; • All persons rendering services hereunder shall be for all purposes employees of the City of Yelm; • All liabilities for salaries, wages, and any other compensation, work related injury or sickness shall be that of the City of Yelm. Both parties understand and agree that the school district retains its legal responsibility for the safety and security of the school district, its employees, students, and property and this Agreement does not alter that responsibility. D The City of Yelm will protect, defend, indemnify, and save harmless the Yelm School District, its officers, employees, and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from negligent acts or omissions of the City of Yelm, its officers, employees or agents. The Yelm School District will protect, defend , indemnify and save harmless the City of Yelm, its officers, employees and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from the negligent acts or omissions of the School District, it officers, employees, or agents. a This Agreement expresses the entire agreement of the parties. This Agreement may be amended or modified at any time by the mutual agreement of the parties. Any amendment or modification shall be in writing, signed, and acknowledged by all of the parties. XII This Agreement may be terminated only after thirty (30) days written notice received by once party, given by the other. Any termination of this Agreement shall not terminate any duty of either party matured prior to such termination. Agenda Item 8. a. SRO Contract with Yelm Comm. Schools Page 6 of 6 This agreement will expire on the last day of school for students in 2016, unless mutually extended by the parties in writing. As evidence of their Agreement, both parties, through their authorized agents, having read and understood the above and foregoing, and with the intent to be bound hereby, hereby execute this Agreement on the date last entered below. Yelm School District City of Yelm By: Date: Approved as to Form: Yelm City Attorney Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 1 of 29 City of Yelm STAFF REPORT To: Mayor Ron Harding Yelm City Council From: Noah Crocker, Finance Director Date: September 3, 2015 (for Sept 8th City Council Meeting) Subj: Department of Commerce — Local Communities project Grant Program 2016 for Yelm Community Center. Recommendation Authorize Mayor Harding to sign the Department of Commerce — Local Communities Project Grant Program 2016 for the Yelm Community Center in the amount of $485,000. Background In August 2013, we were notified that the City was the successful recipient of a $1,000,000 appropriation from the 2013 -2015 State Capital Budget for the Yelm Community Center project. This funding will be administered by the Department of Commerce (DOC) through their `Projects that Strengthen Communities' Program. Again in August 2015, The City was the successful recipient of an additional $500,000 appropriation from the 2015 -2017 State Capital Budget for the Yelm Community Center. The Yelm Community Center project will construct a new 4,950 square foot community center located at 301 Second Street, SE in Yelm's City Park, which is located in the Central business district. The Site has been owned by the City of Yelm since 1950. The one story Center will include a large multipurpose room, commercial kitchen and indoor and outdoor restrooms. Civil improvements will also add 25 parking spaces, area lighting, storm water treatment and ADA access. Current Staff has been working with the DOC Project Manager to draft the attached contract and recommends Council approval. Key components of the contract include: • Funds for design and construction costs of the community center. • Reimbursable grant in the amount of $485,000. The Department of Commerce retains 3% ($15,000) to cover their direct administrative costs. • Insurance requirements have been met. • The City agrees that the community center will be held and used by the City for the stated purpose for a period of ten (10) years from the date the final payment is made. • An exemption from the LEED certification process has been granted. Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 2 of 29 Department of Cola-wRaIrnerce Innovation is in our nature. Grant to For City of Yelm through The Local and Community Projects 2016 Program Yelm Community Center - Construction of a new Community Center. Start date: 7/1/2015 Washington State Department of Commerce www.commerce.wa.gov Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 3 of 29 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program TABLE OF CONTENTS Page 4 of 29 FaceSheet ...................................................................................... ............................... 1 Special Terms and Conditions ......................................................... ............................... 2 1. Grant Management ................................................... ............................... 2 2. Compensation .......................................................... ............................... 2 3. Certification of Funds Performance Measures .......... ............................... 2 4. Prevailing Wage Law ................................................ ............................... 3 5. Documentation and Security ..................................... ............................... 3 6. Basis for Establishing Real Property Values for Acquisitions of Real Property .... 4 7. Expenditures Eligible for Reimbursement ................. ............................... 4 8. Billing Procedures and Payment ............................... ............................... 4 9. Insurance .................................................................. ............................... 5 10. Order of Precedence ................................................ ............................... 6 11. Reduction in Funds ................................................... ............................... 7 12. Ownership of Project/Capital Facilities ...................... ............................... 7 13. Change of Ownership or Use for GRANTEE -Owned Property ................. 7 14. Change of Use for Leased Property Performance Measure ..................... 7 15. Modification to the Project Budget ............................. ............................... 8 16. Signage, Markers and Publications ........................... ............................... 8 17. Historical and Cultural Artifacts ................................. ............................... 8 18. Reappropriation ........................................................ ............................... 8 19. Recapture .................................................................. ..............................8 20. Termination for Fraud or Misrepresentation .............. ............................... 9 General Terms and Conditions ........................................................ ............................... 1 1. Definitions .................................................................. ..............................1 2. Access to Data ......................................................... ............................... 1 3. Advance Payments Prohibited .................................. ............................... 1 4. All Writings Contained Herein ................................... ............................... 1 5. Amendments ............................................................ ............................... 1 6. Americans with Disabilities Act ( ADA) ....................... ............................... 2 7. Assignment ................................................................ ..............................2 8. Attorney's Fees ......................................................... ............................... 2 9. Audit ......................................................................... ............................... 2 10. Confidentiality /Safeguarding of Information ............... ............................... 3 11. Conflict of Interest ..................................................... ............................... 3 12. Copyright Provision ................................................... ............................... 4 13. Disputes ................................................................... ............................... 4 14. Duplicate Payment .................................................... ............................... 5 15. Governing Law and Venue ....................................... ............................... 5 16. Indemnification ......................................................... ............................... 5 17. Independent Capacity of the Grantee ....................... ............................... 5 18. Industrial Insurance Coverage .................................. ............................... 5 19. Laws ......................................................................... ............................... 5 20. Licensing, Accreditation and Registration ................. ............................... 6 21. Limitation of Authority ............................................... ............................... 6 22. Noncompliance with Nondiscrimination Laws ........... ............................... 6 23. Political Activities ...................................................... ............................... 6 24. Publicity .................................................................... ............................... 7 25. Recapture .................................................................. ..............................7 26. Records Maintenance ............................................... ............................... 7 27. Registration with Department of Revenue ................. ............................... 7 28. Right of Inspection ............................. ............................... ..........7 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 5 of 29 29. Savings ...................................................................... ..............................7 30. Severability ............................................................... ............................... 8 31. Site Security ............................................................. ............................... 8 32. Subcontracting ........................................................... ..............................8 33. Survival ...................................................................... ..............................8 34. Taxes ......................................................................... ..............................8 35. Termination for Cause .............................................. ............................... 8 36. Termination for Convenience .................................... ............................... 9 37. Termination Procedures ............................................ ............................... 9 38. Treatment of Assets ................................................ ............................... 10 39. Waiver .................................................................... ............................... 10 Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program FACE SHEET Page 6 of 29 Grant Number: 16- 93205 -104 Washington State Department of Commerce Community Services & Housing Division Community Capital Facilities Unit L GRANTEE 2. GRANTEE Doing Business As (optional) City of Yelm 105 Yelm Avenue W Yelm, Washington 98597 3. Grantee Representative 4. COMMERCE Representative Ron Harding Sheryl Reed Project Manager P.O. Box 42525 (360) 458 -8401 (360) 725 -3074 1011 Plum Street SE Fax 360 -586 -5880 Olympia, WA 98504 -2525 mayor @ci.yelm.wa.us sheryl.reed @commerce.wa.gov 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $485,000.00 Federal: ❑ State: ® Other: ❑ N /A: ❑ 7/1/2015 6/30/2019 9. Federal Funds (as applicable) Federal Agency CFDA Number N/A N/A N/A 10. Tax ID # 11.SWV# 12.UBI# 13. DUNS# 91- 600534 0007884 -3 N/A 14. Grant Purpose The outcome of this performance -based contract is to the construction of the Yelm Community Center as referenced in Attachment A — Scope of Work. COMMERCE, defined as the Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget, Attachment "C" — Certification of Availability of Funds to Complete the Project, Attachment "D" — Certification of the Payment and Reporting of Prevailing Wages, Attachment "E" — Certification of Intent to Enter LEED process. FOR GRANTEE FOR COMMERCE Diane Moritz, Assistant Director Date Ron Harding, Mayor Date APPROVED AS TO FORM ONLY wlaN�C Ca,i%�hs Date 2� — /S' Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 7 of 29 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THIS CONTRACT, entered into by and between the City of Yelm (a unit of local government hereinafter referred to as the GRANTEE), and the Washingtonn. State Department of Commerce (hereinafter referredi to as COMMERCE), WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate with and provide assistance to local governments, businesses, and community -based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2015, 3rd Special Session, Chapter 3, Section 1040, made an appropriation to support the Local and Community Projects 2016 Program, and directed COMMERCE to administer those funds; and WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the "Project'). NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant. The Representative for the GRANTEE and their contact information are identified on the Face Sheet of this Grant. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $485,000.00 for the capital costs necessary for or incidental to the performance of work as set forth in the Scope of Work. 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it has expended or has access to funds from non -state sources as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. Such non -state sources may consist of a combination of any of the following: i) Eligible Project expenditures prior to the execution of this contract. ii) Cash dedicated to the Project. iii) Funds available through a letter of credit or other binding loan commitment(s). iv) Pledges from foundations or corporations. V) Pledges from individual donors. 2 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program SPECIAL TERMS AND CONDITIONS Page 8 of 29 GENERAL GRANT STATE FUNDS vi) The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non -state matching fund credit. vii) In -kind contributions, subject to COMMERCE'S approval. B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non -state sources, and shall make such records available for COMMERCE'S review upon reasonable request. 4. PREVAILING WAGE LAW The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12 RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 5. DOCUMENTATION AND SECURITY The provisions of this section shall apply to capital projects performed by nonprofit organizations that involve the expenditure of $250,000 or more in state funds. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for design only are exempt from this section. A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust'). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within ninety (90) days of contract execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set forth in Section 2, hereof. B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten (10) years following the final payment of state funds to the GRANTEE under this grant. Upon satisfaction of the ten -year term requirement and all other grant terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within thirty (30) days of receiving the request. Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 9 of 29 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When the grant is used to fund the acquisition of real property, the value of the real property eligible for reimbursement under this grant shall be established as follows: a. GRANTEE purchases of real property from an independent third -party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser, or a current property tax statement. b. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project expenditures in the following cost categories: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: Site preparation and improvements; Permits and fees; Labor and materials; Taxes on Project goods and services; Capitalized equipment; Information technology infrastructure; and Landscaping. 8. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for one - hundred percent (100 %) of eligible Project expenditures, up to the maximum payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A -19), that documents capitalized Project activity performed — by budget line item — for the billing period. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from vendors providing Project goods or services covered by the contract. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted, or within thirty (30) days thereafter. The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the completion of work or other termination of this contract, or within fifteen (15) days following the end of the state biennium unless contract funds are reappropriated by the Legislature in accordance with Section 18, hereof. 4 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program SPECIAL TERMS AND CONDITIONS Page 10 of 29 GENERAL GRANT STATE FUNDS Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted, as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or condition of this Grant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Duplication of Billed Costs The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. 9. INSURANCE The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions, costs, damages or expenses arising.from any loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. The insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation or modification. The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. 5 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 11 of 29 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of tI a GRAN IE€ for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the Grantor as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary. C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. GRANTEES and Local Governments that Participate in a Self- Insurance Program. Self- Insured /Liability Pool or Self- Insured Risk Management Program —With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self - insured /liability pool or self- insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self- insurance program, and (2) a certificate and /or letter of coverage that outlines coverage limits and deductibles. All self - insured risk management programs or self- insured /liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor's annual instructions for financial reporting. GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The state of Washington, its agents, and employees need not be named as additional insured under a self- insured property /liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self insurance, evidencing continued coverage under GRANTEE's self- insured /liability pool or self - insured risk management program. Such annual summary of coverage and letter of self insurance will be provided on the anniversary of the start date of this Agreement. 10. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations • Special Terms and Conditions • General Terms and Conditions • Attachment A — Scope of Work • Attachment B — Budget Attachment C Certification of the Availability of Funds to Complete the Project • Attachment D — Certification of the Payment and Reporting of Prevailing Wages • Attachment E — Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process C Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program SPECIAL TERMS AND CONDITIONS Page 12 of 29 GENERAL GRANT STATE FUNDS 11. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this contract are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during the contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract accordingly. 12. OWNERSHIP OF PROJECT /CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and /or equipment constructed or purchased with state funds under this contract; provided, however, that COMMERCE may be granted a security interest in real property, to secure funds awarded under this contract. This provision does not extend to claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this contract. 13. CHANGE OF OWNERSHIP OR USE FOR GRANTEE -OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state funds under this contract shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this section; Provided, that any such sale shall be subject to prior review and approval by COMMERCE, and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this contract. C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture provision). 14. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is constructed, renovated, or otherwise improved using state funds under this contract shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at least ten (10) years from the date the final payment is made hereunder. B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall repay to the state general fund the principal amount of the grant as stated in Section 1, hereof, plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision). Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program SPECIAL TERMS AND CONDITIONS Page 13 of 29 GENERAL GRANT STATE FUNDS 15. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the line item by more than fifteen percent (15 %). B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof, that would increase the line item by more than fifteen percent (15 %). Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this contract that would cause one or more budget line items to exceed the 15 percent (15 %) threshold increase described above_ C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this contract will retain and make any and all documents related to such budget modifications a part of their respective contract file. D. Nothing in this section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Section 2 of this contract. 16. SIGNAGE, MARKERS AND PUBLICATIONS If, during the period covered by this contract, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. 17. HISTORICAL AND CULTURAL ARTIFACTS In the event that historical or cultural artifacts are discovered at the Project site during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the state historical preservation officer at the Washington State Department of Archaeology and Historic Preservation. 18. REAPPROPRIATION A. The parties hereto understand and agree that any state funds not expended by June 30, 2017 will lapse on that date unless specifically reappropriated by the Washington State Legislature_ If funds are so reappropriated, the state's obligation under the terms of this contract shall be contingent upon the terms of such reap prop riation. B. In the event any funds awarded under this contract are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 19. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and /or the provisions of this Grant, COMMERCE reserves the right to recapture all funds disbursed under the Grant, in addition to any other remedies available at law or in equity. This provision supersedes the Recapture provision in Section 25 of the General Terms and Conditions. Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program SPECIAL TERMS AND CONDITIONS Page 14 of 29 GENERAL GRANT STATE FUNDS 20. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the Grant application or during the performance of this contract, COMMERCE reserves the right to terminate or amend this contract accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant. I7 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 15 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and /or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this Grant, and shall include all employees and agents of the GRANTEE. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subgrantee /subcontractor' shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant under a separate Grant with the GRANTEE. The terms "subgrantee /subcontractor" refers to any tier. G. "Subrecipient" shall mean a non - federal entity that expends federal awards received from a pass - through entity to carry out a federal program, but does not include an individual that is a beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for goods and /or services in the course of normal trade or commerce. H. "Vendor' is an entity that agrees to provide the amount and kind of services requested by COMMERCE; provides services under the grant only to those beneficiaries individually determined to be eligible by COMMERCE and, provides services on a fee - for - service or per -unit basis with contractual penalties if the entity fails to meet program performance standards. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE's reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program GENERAL TERMS AND CONDITIONS Page 16 of 29 GENERAL GRANT STATE FUNDS 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101 -336. also referred to as the "ADA" 28 CFR Part 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 7. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 9. AUDIT A. General Requirements GRANTEE's are to procure audit services based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non - profit organizations are to be conducted by a certified public accountant selected by the GRANTEE. The GRANTEE shall include the above audit requirements in any subcontracts. In any case, the GRANTEE's records must be available for review by COMMERCE. C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than nine (9) months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to auditreview(a)commerce.wa.gov or a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia WA 98504 -2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include: • Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE. Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 17 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS • Copy of the Management Letter. If the GRANTEE is required to obtain a Single Audit consistent with Circular A -133 requirements, a copy must be provided to COMMERCE; no other report is required. 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: 1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" by COMMERCE; 2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; and 3. All personal information in the possession of the GRANTEE that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA ). B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Grant whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this Grant if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the GRANTEE in the procurement of, or performance under this Grant. In the event this Grant is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Grant. Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program GENERAL TERMS AND CONDITIONS Page 18 of 29 GENERAL GRANT STATE FUNDS 12. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Grant, but that incorporate pre- existing materials not produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 13. DISPUTES Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the GRANTEE's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's) Grant Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 4 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 19 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 14. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other parry under any other Grant, subgrant/subcontract, or agreement, for the same services or expenses. 15. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 16. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by GRANTEE's agents, employees, representatives, or any subgrantee /subcontractor or its employees. GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to GRANTEE'S or any subgrantee's /subcontractor's performance or failure to perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 17. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant. The GRANTEE and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the GRANTEE. 18. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L &I) Division of Insurance Services. This provision does not waive any of L &I's rights to collect from the GRANTEE. 19. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of local and state and federal governments, as now or hereafter amended including, but not limited to: Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 20 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (1). B. Boards of directors or officers of non - profit corporations — Liability - Limitations, RCW 4.24.264. C. Disclosure - campaign finances- lobbying, Chapter 42.17a RCW. D. Discrimination -human rights commission, Chapter 49.60 RCW. E. Ethics in public service, Chapter 42.52 RCW. F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326 -02 WAC. G. Open public meetings act, Chapter 42.30 RCW. H. Public records act, Chapter 42.56 RCW. I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW. 20. LICENSING, ACCREDITATION AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 21. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Representative. 22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non - compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 23. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 21 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 24. PUBLICITY Y The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 25. RECAPTURE In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, and /or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the GRANTEE of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant. 26. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data and other evidence relating to this Grant and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant. GRANTEE shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Grant, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and /or quality assurance under this Grant. 29. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the Grant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations and conditions. 1'I Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 22 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 30. SEVERABILITY The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant. 31. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBGRANTING /SUBCONTRACTING Neither the GRANTEE nor any subgrantee /subcontractor shall enter into subgrants /subcontracts for any of the work contemplated under this contract without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and personnel assigned to work under this Grant. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subgrants /subcontracts. GRANTEE and its subgrantees /subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. 33. SURVIVAL The terms, conditions, and warranties contained in this Grant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Grant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. 35. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant and the replacement or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time. E3 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 23 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS COMMERCE reSerVeS the right to suspend all or part of the Grant, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition to any other rights and remedies, provided by law. 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract_ After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED REPRESENTATIVE, the GRANTEE shall: 1. Stop work under the Grant on the date, and to the extent specified, in the notice; 2. Place no further orders or subgrants /subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant that is not terminated; 3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the orders and subgrants /subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and su bg rants /subcontracts; 4. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final for all the purposes of this clause; Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 24 of 29 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, would have been required to be furnished to COMMERCE; 6. Complete performance of such part of the work as shall not have been terminated by the AUTHORIZED REPRESENTATIVE; and 7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, for the protection and preservation of the property related to this Grant, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant, or (ii) commencement of use of such property in the performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees /subcontractors. 39. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 10 Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 25 of 29 Attachment A Scope of Work These funds will be used for capital expenditures related to the construction of the Yelm Community Center located at 301 Second Street in Yelm. This will be 4,950 sq. ft. facility that will include, but is not limited to, a large multi - purpose room, commercial kitchen and indoor and outdoor restrooms, ADA access, 25 additional parking spaces, area lighting, and storm water treatment. The facility will be used as a mixed use event center offering meeting and educational programming space, receptions, other events and recreational opportunities. The project is scheduled to be completed by December 2015. All project work completed with prior legislative approval. The "Copyright Provisions ", Section 12 of the General Terms and Conditions, are not intended to apply to any architectural and engineering design work funded by this grant. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 26 of 29 Attachment B Budget Line Item Amount Architecture & Engineering $0.00 Site Acquisition $322,169.00 Construction $2,237,831.00 Capitalized Equipment $0.00 Contingency $0.00 Other $0.00 Total Contracted Amount: $2,560,000.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below_ GRANTEE TITLE DATE Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 27 of 29 Attachment C Certifinatinn of the Availability of Funds to Complete the Pro;ect Non -State Funds Amount Total Port Of Olympia $20,000.00 AWC Insurance $50,000.00 City ofYelm $1,035,000.00 Total Non -State Funds $1,105,000.00 $1,105,000.00 State Funds State Capital Budget 2013 -15 970,000.00 State Capital Budget 2015 -17 $485,000.00 $1,455,000.00 Total Non -State and State Sources $2,560,000.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that project funding from sources other than those provided by this contract and identified above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. GRANTEE TITLE DATE Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Attan8fer finoib Certification of the Payment and Reporting of Prevailing Wages CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of July 1, 2015, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body as of the date and year written below. GRANTEE TITLE DATE Agenda Item 8. b. Yelm Comm. Center Contract, Department of Commerce Local and Comm. Projects 2016 Program Page 29 of 29 Attachment E Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year written below. _.O' DAT PRE - AGENDA Friday, September 11, 2015 8:30 a.m. — 11:00 a.m. The TRPC pre- agenda provides our members the opportunity to review the topics of the upcoming TRPC meeting. This information is forwarded in advance to afford your councils and boards the opportunity for discussion at your regular meetings. This will provide your designated representative with information that can be used for their participation in the Regional Council meeting. For more information. please visit our website at www.trr)c.oro. Consent Calendar ACTION These items were presented at the previous meeting. They are action items and will remain on consent unless pulled for further discussion. a. Approval of Minutes —July 10, 2015 b. Approval of Vouchers c. Approval of RTIP Amendment 15 -09 d. Approval of Mid -Year Financial Report Appointment of 2016 Work Program Committee ACTION The Chair will appoint a work program sub - committee to draw up the 2016 Work Program. Draft 2016 -2019 Regional Transportation Improvement Program 1ST REVIEW This investment plan provides a regional overview of funding secured and planned transportation projects based on the local transportation improvement programs (TIPs) developed by each jurisdiction. TRPC will be asked to take action on the proposal in October. Program Status Report UPDATE Staff will provide an update on the progress and current activities on Council priorities and Work Program activities. Feedback from Council members and any revised staff direction will be discussed. RTIP Amendment 15 -10 1St REVIEW WSDOT requests amending the I -5 /SR 510 Interchange Project into the 2015 -2018 RTIP to begin design on this regionally significant project in late 2015. TRPC will be asked to action on the proposal in October. Retreat Next Steps DISCUSSION As a result of the Council Retreat in July, five strategic goals were developed to guide TRPC over the next 3 -5 years. The next step is to further refine the objectives under each goal, which may lead to future work programs. Under this agenda item we will re -visit the two strategic goals under the Transportation area: 1. Advancing multi -modal transportation systems, and 2. Maintaining of current transportation infrastructure. We will review the discussions from the retreat related to these goals and then identify the key objectives that the Council feels will enable us to meet them. The other goal areas will be discussed at the October TRPC meeting.