CITY COUNCIL MEETING AGENDA February 4, 2020 7:00 PM Riverview Educational Service Center – 15510 – 1st Ave NE

CITY COUNCIL COMMITTEE OF THE WHOLE: 5:30 PM Written Reports I. Good of the Order • Current Development Matrix & Map II. Items 1. Cottage Housing Ordinance Request 2. Parks Maintenance Analysis 3. Human Services Grant Funding 4. Clear & Grade Fee Options

Call to Order

Flag Salute

Roll Call

I. Additions or Corrections to the Agenda:

II. Adoption of the Council Agenda:

III. Consent Agenda: Items listed below will be enacted by one motion. If separate discussion is desired on an item, that item may be removed from the Consent Agenda and placed on the regular Agenda at the request of a Councilmember. 1. Committee of the Whole Minutes and Council Minutes for January 21, 2020; 2. Payroll for January 16-31, 2020 in the amount of $ (to be provided) 3. Claims in the amount of $ (to be provided)

IV. Comments from the Audience:

V. Scheduled Items: 1. Mayor’s Report

2. Council Reports

3. Council Committee Reports

4. Administration Update

VI. Presentation: None

VII. Public Hearing: None

VIII. New Business: 1. (AB20-08) Ordinance – Affordable Housing Tax Credit discussion/decision – D. Mason

2. (AB20-09) Resolution – Ridge at Big Rock Final Plat - Phase II discussion/decision – S. Leniszewski

3. (AB20-10) Contract Amendment with Murraysmith for On-Call Services discussion/decision – S. Leniszewski

4. (AB20-11) Service Contract for the Transportation and Land Application of Biosolids discussion/decision – S. Leniszewski

IX. Unfinished Business: 1. (AB20-02) Approve Agreement Extension – Duvall Foundation for the Arts (formerly AB19-80) discussion/decision – L. Thomas

X. Executive Session: None

XII. Adjournment

CITY OF DUVALL CITY COUNCIL

DRAFT COMMITTEE OF THE WHOLE MINUTES January 21, 2020 – 5:30 p.m. Riverview Educational Service Center 15510 – 1st Ave NE

Mayor Pro Tem Remington called the meeting to order at 5:34 p.m.

Council present: Michelle Hogg, Amy McHenry, Dorothy Lengyel, Dianne Brudnicki, Matthew Eyer, Mike Remington, Jennifer Knaplund

Staff present: Lara Thomas, Steve Leniszewski, Jodi Wycoff, Dana Mason

I. Good of the Order Councilmember Knaplund asked about park maintenance for the dog park and vandalism issues at Big Rock Ballfields.

Councilmember McHenry announced the next Council Chat on January 27th at Grateful Bread.

Jodi Wycoff, City Clerk, announced that she will not be at the next meeting and Stephanie Goodwin will act as Clerk in her place. Ms. Wycoff also said that the City received seven applications for Human Services Grant funding and the ad-hoc committee is in the process of reviewing and scoring the applications.

II. Items: 1. Department Updates Steve Leniszewski, Public Works Director, gave a presentation showing the various items the Public Works Department accomplished in 2019 as well as updates on capital projects and development. Mr. Leniszewski answered questions from Council throughout the presentation. Council requested a discussion on a future Committee of the Whole agenda regarding a potential parks maintenance employee.

2. Council Retreat Mayor Pro Tem Remington said that the January 17th retreat was a brainstorming session and the summary has been submitted to Administration for review. Mayor Pro Tem Remington said that Council would like to have a discussion on a future Committee of the Whole meeting with the Finance Department about processes and expectations. After discussion with staff and Council, it was decided that the next retreat, which will include Council, staff and Administration, will be on Friday, February 28th.

The Police Department presentation will be on a future agenda.

Committee of the Whole meeting 01/21/20 To Be Approved 02/04/20 III. Adjournment The Committee of the Whole adjourned at 6:56 p.m.

Written Reports – There were no written reports distributed in the Committee of the Whole packet.

ATTEST:

Michael Remington, Mayor Pro Tem Jodi Wycoff, City Clerk

Committee of the Whole meeting 01/21/20 To Be Approved 02/04/20 CITY OF DUVALL DRAFT COUNCIL MEETING MINUTES January 21, 2020 7:00 P.M. – Riverview Educational Service Center 15510 – 1st Ave NE

The City Council Meeting was called to order by Mayor Pro Tem Remington at 7:07 P.M.

Roll Call: Amy McHenry, Michelle Hogg, Matthew Eyer, Dorothy Lengyel, Dianne Brudnicki, Mike Remington, Jennifer Knaplund

Staff Present: Lara Thomas, Dana Mason, Jodi Wycoff, Troy Davis

I. Additions or Corrections to the Agenda: Under Consent Agenda add: Payroll for 01/20/20 in the amount of $182,885.37; Claims for 12/31/19 in the amount of $197,638.78; Claims for 01/21/20 in the amount of $308,837.44; Prepaid for 01/16/20 and 01/19/20 in the amount of $14,695.22; and remove 1/7/20 Council minutes from Consent and add new section “approval of minutes” after “approval of consent agenda”

II. Adoption of Council Agenda: It was moved and seconded (Eyer-McHenry) to adopt the 01/21/20 Council Agenda. The motion carried (7 ayes).

III Approval of Consent Agenda: It was moved and seconded (Eyer-Brudnicki) to approve the consent agenda which includes approving the Committee of the Whole and City Council minutes of 01/07/20; Payroll for 01/20/20 Checks #31218-31219 in the amount of $182,885.37 including EFTs in the amount of $159,341.40; Claims for 12/31/19 Checks #31173-31217; and Claims for 01/21/20 Checks #31220-31243 in the amount of $308,837.44; and Prepaids for 01/16/20 and 01/19/20 Checks #31165-31172 in the amount of $14,695.22 including EFTs in the amount of $13,935.87. The motion carried (7 ayes).

IV Approval of Minutes: Jodi Wycoff, City Clerk, explained that there was a mathematical error on the claims announced during the January 7, 2020 minutes under consent agenda – the correct amount is $250,812.59. It was moved and seconded (Eyer-McHenry) to amend the 01/07/20 City Council minutes to strike the claims amount of $249,598.58 and replace with $250,812.59 and to approve the amended minutes. The motion carried (7 ayes).

V. Comments from the Audience: Lisa Yeager, Director of Sno Valley Senior Center, requested that Council continue to support local non-profits.

City of Duvall City Council Meeting 01/21/20 Page 1 of 4 To Be Approved 02/04/20 Elizabeth Hill, representing Duvall Foundation for the Arts (DFA), said that they have the deed for the property where the future Performing Art Center will be and requested Council to approve the proposed amendments the agreement extension that is on the agenda.

Jesse Phillips, area resident, expressed his support for the proposed food forest.

Jennifer Hoof, area resident, expressed her support for the proposed food forest.

Erik Anderson, representing the Duvall Chamber of Commerce, invited Council to the next meeting on February 6th.

Mark Weiss, area resident, expressed his support for the proposed food forest.

Richard Boman, Duvall resident, spoke regarding the reconsideration of Ordinance #1258 that is on the agenda.

Carol Van Noy, representing Snoqualmie Valley Community Network, invited everyone to the Heart of the Valley Gala and encouraged everyone to purchase a heart street sign from Duvall Rotary.

VI. Scheduled Items: 1. Mayor’s Report No reports.

2. Council Reports No reports.

3. Council Committee Reports No reports.

4. Administration Report No reports.

5. King County Fire District 45 Report Fire Chief David Burke gave a report on a variety of items including call volume for 2019 and to- date for 2020, the response to the recent snow event, and construction on the new station. Chief Burke also said that the Department has purchased snow removal equipment, including a plow to attach to one of their vehicles, and snow blowers.

VII. Presentation: Jeff Davis – Community Garden Jeff Davis, area resident, gave a presentation showing his proposal for a food forest at the pea patch site adjacent to the Dougherty Farmstead and asked Council for their support.

Presentation: Historical Society Marilyn Roney, Historical Society Vice President, gave a presentation showing events and programs the Historical Society was involved in throughout 2019 and invited everyone to become a member.

City of Duvall City Council Meeting 01/21/20 Page 2 of 4 To Be Approved 02/04/20 VIII. Public Hearing: Riverview School District 10% Annexation Petition

8:07 PM: The Public Hearing was opened.

Troy Davis, Senior Planner, presented the staff report.

There were no public comments.

8:16 PM: The Public Hearing was closed.

IX. New Business: 1. (AB20-05) Approve Resolution #20-01 accepting the notice of intent to annex to the City the property known as the Riverview School District Annexation Area, located in the North Urban Growth Area Reserve of the City It was moved and seconded (Eyer-McHenry) to approve Resolution #20-01 accepting the notice of intent to annex to the City the property known as the Riverview School District Annexation Area, located in the North Urban Growth Area Reserve of the City. The motion carried (7 ayes).

2. (AB20-06) 4Culture Grant Acceptance – Dougherty Farmstead Roof Replacement It was moved and seconded (Eyer-Lengyel) to suspend Council Procedures in Section 5.6 requiring additional review and finalize this item at this meeting. The motion passed (7 ayes). It was moved and seconded (Eyer-McHenry) to authorize the Mayor to execute grant agreement between City of Duvall and King County 4Culture for the Dougherty Farmstead Roof Replacement. The motion carried (7 ayes).

3. (AB20-04) Reconsider Ordinance #1258 amending Chapter 4.08 of the Duvall Municipal Code; providing for severability; and establishing and effective date. Mayor Pro Tem Remington stated that the mayor has vetoed Ordinance #1258 and has returned the Ordinance for Council reconsideration along with her objections and that Council hereby enters the Mayor’s objection memo dated January 15, 2020 into the minutes [Exhibit A]. Mayor Pro Tem Remington read aloud a response letter to the Mayor from Council and entered the letter into the minutes [Exhibit B].

It was moved and seconded (Eyer-Hogg) to adopt Ordinance #1259 amending Chapter 4.08 of the Duvall Municipal Code; providing for severability; and establishing and effective date. The motion carried (6 ayes – Eyer, McHenry, Remington, Hogg, Knaplund, Lengyel; 1 nay – Brudnicki).

X. Unfinished Business:

1. (AB20-02) Agreement Extension – Duvall Foundation for the Arts (formerly AB19-80) Lara Thomas, Community Development Director, handed out and reviewed the most recent draft received today with requested edits from Duvall Foundation for the Arts. This item will be on the next agenda for further discussion and potential action.

XI. Executive Session: None

City of Duvall City Council Meeting 01/21/20 Page 3 of 4 To Be Approved 02/04/20 XII. Adjournment: There being no further business and no objections, Mayor Pro Tem Remington adjourned the meeting at 8:55 p.m.

Signed Michael Remington, Mayor Pro Tem

Attest Jodi Wycoff, City Clerk

City of Duvall City Council Meeting 01/21/20 Page 4 of 4 To Be Approved 02/04/20 Ii Office of the Mayor City of Duvall Amy Ockerlander Small Towfl. Real Life.

MEMORANDUM

TO: Duvall City Council

FROM: Amy Ockerlander, Mayor

DATE: January 15, 2020

RE: Mayor Veto of Ordinance No. 125$, AB2O-04 Adopt Ordinance amending Chapter 4.0$ of the Duvall Municipal Code

I hereby notify the Duvall City Council of a Mayoral Veto of Ordinance No. 1258, pursuant to RCW 35A. 12.100 and RCW 35A. 12.130, in addition to referencing multiple violations of Resolution No. 15-09, A resolution of the City Council of the City of Duvall, Washington, Amending the Council Procedures for City Council Meetings.

As Chief Administrative Officer of the City of Duvall I fully respect the authority of the legislative body to approve legislation amending Duvall Municipal Code (DMC) and have taken an oath of office to uphold state and federal law, which in my interpretation includes ensuring the following of Council’ s adopted procedures unless they have been suspended by a majority vote of the council to the best of my, and staff’s ability. This includes recognition and acknowledgement that at times there will be occasional, unintentional oversights that occur in council process.

While it is the council’ s responsibility to follow its own procedures when those procedures have clearly not been followed in a case such as this, I feel a responsibility to the City organization and the public to acknowledge the sequence of events and subsequent action.

In the case of this veto, many of the issues raised in this letter provide the public appearance of lack of transparency through the policy development process and lack of adherence to council approved procedures.

Furthermore, there was no evidence provided to administration that a wholistic review of Chapter 4 was completed by legal counsel to ensure an absence of conflict with other sections of the chapter, or DMC. It is also highly unusual that legal counsel nor council consulted with administration on the impacts of the ordinance and no actual policy analysis was conducted prior

15535 Main Street NE • P.O. Box 1300 • I)uvall, WA 98019 • (425) 788-2779 • Fax (425) 788-8097 to its approval by council. The legal review was requested by administration in an open, public meeting on December 17, 2019. As of this date, legal counsel assigned to this task has had zero communication with the Mayor or staff regarding the request.

1. Council Procedures Section 5.5 Development of Council Agenda, section C states: Councilmembers are encouraged to introduce agenda topics and discussion items. Items of consideration for future council or committee agendas may be introduced by councilmembers during a regularly scheduled council meeting through a motion, second, and majority vote. Alternatively, agenda items may be introduced by an individual Councilmember request made to the City Administrator.

Section D states: Individually requested agenda discussion items from Councilmembers made to the City Administrator shall include a written summary of items in the Proposed Council Agenda by the Monday of the week preceding the scheduled council meeting.

This process was notfollowed by council, to my knowledge.

Upon reviewing the agendas for the Finance and Administration Committee, amendments to Chapter 4 were not listed on the published agendas for the public meetings. Additionally, the committee has been meeting without recording of meetings, as required by Section 5.9 of the Duvall Council Procedures which states

“The City Clerk, or designee, shall make and keep audio recordings of all meetings of the Duvall City Council and including Committees and Committee of the Whole except those meetings orportions ofmeetings conducted in Executive Session. Recordings and related records ofall City Council and related Committee and Committee of the Whole meetings, except as referenced above, shall be retained by the City in accordance with the Washington State Records Retention Schedule.”

To my knowledge, this procedure has not been followed. In addition, the Clerk has not received summaries for any finance and Administration Committee meetings held in the month ofDecember, which includes those meetings held via email.

During the December 17th Committee of the Whole, members of the Finance Committee publicly discussed a discussion on amending Chapter 4 that occurred amongst the committee members via email. It was further stated on the record that those emails were forwarded to a fourth councilmember, meaning a majority of the council was involved in the policy discussion outside of public meetings or process. This action was in direct violation of Council Procedures Section 6.5 Electronic Communications which states:

“Improper use ofelectronic communications between elected officials of a governing body may violate the Open Public Meetings Act. Ifa quorum of Councilmembers is discussing City business via e-mail, texts, or social media, it constitutes a meeting and may created a violation ofthe Open Public Meetings Act.

Such correspondences directly between Councilmember shall be limited to a maximum ofthree, including the sender and recipients.

Communications that are intended to be shared amongfour or more Councilmembers, whether concurrently or serially must be considered in light ofthe Open Public Meetings Act. Ifthe intendedpurpose ofthe correspondence is to have a discussion that should be held at an open meeting, the electronic discussion should not occur. Further, the use ole-mail communication toform a collective decision ofthe Council is inappropriate.”

In this case, the discussion that occurred appears to be at a minimum a serial violation. Further public discussion implies that a decision by four councilmembers may have been made prior to formal action on the item and communicated electronically.

As a part of administration’ s due diligence during council discussions regarding the ordinance, our employment attorney was consulted to ensure compliance with our collective bargaining agreements. The attorney did make a language recommendation to council. Council chose not to accept the language.

Additionally, administration requested that due to the nature of the ordinance, changing the duties of an independently elected official that a public hearing be held prior to final approval of the ordinance. That request was also ignored.

In closing, I believe that standing council procedures were violated at the behest of administrative and public involvement in the policy making process and appropriate due diligence on the legal consistency with existing code, public involvement was stifled and there is not a solid understanding of the long-term impacts of this ordinance.

As a result of this veto, the council will be required to reconsider the ordinance by state law.

In closing, it has never been a desire to veto legislation, however in this case and with my long- standing commitment to government transparency and following existing procedures I cannot in good conscience sign this ordinance with the knowledge that this work was completed primarily outside of the public view, without the involvement of the staff it affects and without proper legal review.

Sincerely, a a,rd P1 Amy kj*€rlander Mayor January 20, 2020

TO: Amy Ockerlander, Mayor

FROM: Wm. Michael Remington, City Council Member, Mayor pro tern

On behalf of Duvall City Council

RE: RESPONSETO MEMORANDUMAND MAYOR’SVETOOF ORDINANCENO. 1258

At the January 17, 2020 City Council Retreat, Council Members asked that I respond to the Memorandum dated January 15, 2020 regarding the veto of Ordinance No. 1258. We are using this letter to respond and assure the Citizens of Duvall are provided clarity on the reason Council felt compelled to amend Chapter 4.08.010(c) ofthe Duvall Municipal Code. Council authority granted by Washington State Code, RCW35.11.020 includes oversight of city codes, expenditure of tax payer funds, and city operating policies.

We have arrived at this issue for one key reason, the lack of Administration’s response to the City Council’s clearly stated and on-going concern for the Duvall’s cash flow stability and long- term sustainability. In 2018 and 2019 key staff vacancies occurred including Finance Director and City Administrator. As a result, City Council did not receive timely and accurate finance and budget reports required to fulfill our duty regarding oversight ofthe taxpayer’s dollars. This lack of quarterly reports and other supporting documentation diminished transparency and greatly impacted our confidence in the current budget related data

Amending Ordinance 4.08 is the culmination of a series of discussions and fundamental disagreements between the Mayor and Council over how to manage the taxpayer’s funds. Council learned of employee reclassifications from one pay range to another several months ago. Council was not notified or provided any budget details on the short-term and long-term fiscal impacts from the Mayor prior to these changes being made,

Second, during the mid-biennium budget review the Mayor stated her intent to immediately recruit several positions that did not appear to be estimated in the Council approved 2019/2020 budget. Our concerns about overspending became exacerbated because we did not have the financial reports showing we had funds to cover those costs. The Mayor stated she would use her authority to proceed with hiring even after Council clearly expressed concern that moving forward with recruitment prior to establishing the position in the budget was not fiscally responsible.

Council understands there are times when employee reclassifications and filling new or vacant positions are warranted. However, Council must always be fully informed, so it can analyze the Administration’s proposal for fiscal impacts. Failure to provide this information makes it impossible for Council to fulfill its legal oversight duties and decide if future revenues will likely be available to support the additional salary wage and benefit expenses. City Council amended Ordinance 4.08.010(C) to assure City Council could meet our responsibility to evaluate the fiscal impacts of reclassifications and to provide Council with simple notification in writing of changes in position titles or position job descriptions. This is key in protecting employee positions not only in the current budget but into the future.

While Council Members acknowledge a Mayor’s veto authority as provided in RCW35A.12.100 and RCW 35A.12.130, Council Members are deeply hurt by unsubstantiated accusations made against Council Members in the memorandum.

The most disturbing accusation the Mayor made about City Council was implying Council Members were not following the Open Public Meeting Act. City Council is committed to transparency, that meetings are announced and open to the public. City Council Finance and Administration meetings included one or more City staff. Minutes were maintained and provided to the City Clerk for public posting.

To insinuate that members ofthe governing body collectively intended to meet to transact the governing body’s official business because another member received information by email is personally hurtful and inaccurate. City Council discussed amending the ordinance openly at both COW and City Council meetings. The amendment included open discussion with Legal Council at a Council meeting. Draft ordinance language was introduced for consideration and discussion at meetings on December 10, 17 and on January 7. Council’s desire to move this policy forward without delay was clearly a reflection of the deep concern for budget stability and to demonstrate the emergent need for transparency in matters effecting the budget.

City Council sees no positive outcome continuing a legalistic and confrontational back and forth. Our goal moving forward is to improve communication between the Mayor and City Council. Mayor, Council, Staff and citizens alike desire a positive, collaborative and productive relationship. I pray these trials will lead to our being better leaders and help us set a shining example of responsible governance for our community. Sinc&&

Wm. Michael Remington, City Council Member, Mayor pro tern Agenda Bill AB# 20-08a Duvall City Council Meeting Date: 2/4/2020

Subject Ordinance – Affordable Housing Tax Credit

Document Type Ordinance

Department Finance

Contact Dana Mason

Attorney Review Complete

Planning Commission Recommendation N/A

Handling Normal Deadline Date 1/30/2020

Needed from Council Action or Direction

Recommendation Review documents and if in favor, adopt Ordinance authorizing a local sales and use tax to fund investments in affordable and supportive housing, to be codified at Chapter 3.06 Section 3.06.040 of the Duvall Municipal Code; providing for severability; and establishing an effective date.

Council Review History • Council approved Resolution of intent 09/03/19

Attachments • Draft Ordinance • Resolution 19-13 Affordable Housing Tax Credit Intent • Association of Washington Cities flyer • Taxable Retail Sales for Cities (from Municipal Research Service Center – MRSC)

Routing

Director: Dana Mason Approved: DM 01/27/2020

Administrator: Carey Hert Approved: CLH 1/28/2020

Budget Impacts Budget Amendment Required

Expenditure

2019-2020 Estimated Estimated 20 Fund Name & # Budgeted Annual Year Amount Expenditure Expenditure New account # - Public Housing Services $0.00 $8,996 $179,925 Revenue

2019-2020 Estimated Estimated 20 Fund Name & # Budgeted Annual Year Amount Revenue Revenue New account # - Housing Sales Tax Revenue $0.00 $8,996 $179,925 Notes

If Council opts to pass legislation to take advantage of the credit, the estimated revenue and expenditure listed above is based on .0073% of the City’s taxable retail sales of $123,236,153 from state fiscal year 2019, which is Q3 & Q4 of 2018 and Q1 & Q2 of 2019.

Verified by Finance: DM 1/17/2020

Key Facts and Information Summary

Substitute House Bill 1406 (SHB 1406) was approved during the 2019 legislative session to encourage local government investment in affordable and supportive housing. The bill authorizes cities and counties to retain a portion of sales tax currently collected by the State, via a tax credit. Since the local sales tax authority is a credit against the state sales tax, sales tax for the consumer will not increase.

The funds will be considered a restricted revenue subject to reporting requirements and audit review for compliance

To collect the new funding source, the City must pass a resolution of intent to participate in the program by January 28, 2020 and then pass legislation authorizing the tax credit by July 28, 2020. Duvall City Council passed Resolution 19-13 on September 3, 2019, which formalized its intent to participate. Proposed Ordinance is the next step, which qualifies as the legislation authorizing the tax credit. CITY OF DUVALL WASHINGTON ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF DUVALL, WASHINGTON AUTHORIZING A LOCAL SALES AND USE TAX TO FUND INVESTMENTS IN AFFORDABLE AND SUPPORTIVE HOUSING, TO BE CODIFIED AT CHAPTER 3.06 SECTION 3.06.040 OF THE DUVALL MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and

WHEREAS, SHB 1406 authorizes the governing body of a city to impose a local sales and use tax for the acquisition, construction, or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable housing, or, if eligible, for providing rental assistance to tenants; and

WHEREAS, the tax will be credited against state sales tax collected within the City of Duvall (“City”) and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City for a maximum of twenty (20) years; and

WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City median income; and

WHEREAS, the City has a need for affordable housing, rental, and utility billing assistance and has determined that imposing the sales and use tax to address this need will benefit its residents; and

WHEREAS, in order for a city to impose the tax, within six months of SHB 1406’s effective date, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and

WHEREAS, the Duvall City Council passed Resolution 19-13, formalizing an intent to participate in a program to receive funds from the State to be used for affordable and supportive housing in accordance with SHB 1406, on September 3, 2019; and

WHEREAS, the City Council has determined it is in the best interest of the City and its residents to begin implementation of the tax and then later adopt a resolution to determine the process for the distribution of the funds collected that meets the requirements of SHB 1406.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUVALL, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. Chapter 3.06.040 of the Duvall Municipal Code Adopted. A new Section 3.06.040 of Chapter 3.06 of the Duvall Municipal Code titled “Affordable Housing Sales and Use Tax” is hereby established to read as follows:

Section 3.06.040 AFFORDABLE HOUSING SALES AND USE TAX

A. Imposition of Sales and Use Tax for Affordable Housing B. Purpose of Tax C. Administration and Collection – Statutory Compliance

A. Imposition of Sales and Use Tax for Affordable Housing 1. There is imposed a sales and use tax as authorized by Washington State Legislature Chapter 338, Laws of 2019, codified in Chapter 82.14 RCW, upon every taxable event, as defined in Chapter 82.14 RCW, occurring within the City of Duvall. The tax shall be imposed upon and collected from those persons with whom the State sales tax or use tax is collected pursuant to Chapter 82.08 and 82.12 RCW.

2. The rate of the tax imposed shall be .0073 percent of the selling price or value of the article used.

3. The tax imposed shall be deducted from the amount of tax otherwise required to be collected or paid to the Department of Revenue under Chapter 82.08 or 82.12 RCW.

B. Purpose of Tax 1. The City may use the moneys collected by the tax imposed, or bonds issued only for the affordable housing purposes as defined in RCW 82.14.540, as it may be amended from time to time, as follows:

a. Revenues may only be used for (a) acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCWC 71.24.386; (b) funding the operations and maintenance costs of new units of affordable or supportive housing; or (c) providing rental assistance to tenants.

b. The housing and services funded by these revenues may only be provided to persons whose income is at or below 60 percent of the median income of the City.

2. Annual reports on the collection and use of the revenue from the tax imposed must be submitted to the Washington State Department of Commerce, in accordance with the Department’s rules.

3. The tax imposed will expire 20 years after the date on which the tax is first imposed. The Finance Director shall provide notice to the City Council of the expiration date of the tax each year beginning three years before the expiration date and shall also promptly notify the City Council of any changes to the expiration date. C. Administration and Collection – Statutory Compliance The administration and collection of the tax imposed shall be in accordance with the provisions of Washington State Legislature Chapter 338, Laws of 2019, codified in Chapter 82.14 RCW.

Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state, or federal laws, codes, rules or regulations; or ordinance numbering and section/subsection numbering.

Section 3. Severability. Should any section, paragraph, sentence, clause, or phase of this Ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other sections, sentence, or phrase of this ordinance.

Section 4. Effective date. This Ordinance shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after the date of publication.

ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE ______DAY OF ______, 2020.

CITY OF DUVALL

______Mayor Amy Ockerlander

Approved as to form:

ATTEST/AUTHENTICATED:

______City Attorney ______Jodi Wycoff, City Clerk

Passed by the City Council: Ordinance No.: Date of Publication: CITY OF DUVALL WASHINGTON RESOLUTION NO. 19-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUVALL, WASHINGTON, DECLARING THE INTENT OF THE CITY OF DUVALL TO ADOPT LEGISLATION TO AUTHORIZE A SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019), AND OTHER MATTERS RELATED THERETO.

WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and

WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supportive housing, or, if eligible, for providing rental assistance to tenants; and

WHEREAS, the tax will be credited against state sales taxes collected within the City of Duvall and, therefore, will not result in higher sales and use taxes within the City of Duvall, and will represent an additional source of funding to address housing needs in the City of Duvall; and

WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City of Duvall median income; and,

WHEREAS, the City of Duvall has determined that imposing the sales and use tax to assist with access to housing or rental assistance will benefit its citizens; and

WHEREAS, in order for a city or county to impose this tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and

WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; and

WHEREAS, the City Council now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUVALL, WASHINGTON, DO RESOLVE AS FOLLOWS:

Section 1. Resolution of Intent: The City Council declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SFIB 1406, or by July 28, 2020. Section 2. Further Authority; Ratification: All City officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified.

Section 3. Effective Date: This resolution shall be effective upon passage.

11 PASSED BY THE CITY COUNCTh AT A REGULAR MEETING THEREOF ON THE 3 .— DAY OF S’ffrMkFZ 2019. CITY OF DUVALL

Approved asto form: tQ4’TU.

Cri Li9 Mayor AnWOckerlander U Rachel Turpm,’ii Attorney 7 ATTFT/AUTHENTICATED:

JoWcoff it lerk Tax credit rate examples but, importantly, only after voter approval. This sales tax levy Implementing HB 1406 is considered a “qualifying local tax” under HB 1406. Another Max tax City with City City doesn’t County doesn’t 2019 credit rate qualifying without levy a tax participate, city important distinction is that the affordable housing sales tax under HB local tax qualifying credit, participates but from 2015 is an additional tax on the consumer, and not a 1406 local tax county does doesn’t have a credit on an existing state-imposed tax. participate qualifying tax.* Don’t miss out on up to 20 years of shared City 0.0146% 0.0073% 0.0% July 2020: 0.0% 2. Do we have to levy a “qualifying local tax” to participate? No. Your city is still eligible to participate in the County 0.0% 0.0073% 0.0146% 0.0% program, but your tax credit rate will depend on whether revenue for affordable housing *We believe that this was an error in bill drafting. Please let us know if you are in the county participates in the program. See Tax credit rate this situation. We can work to address it in future legislative sessions. examples chart to the left. Eligible uses of the funds: 3. Do we only have access to the program if the county In the 2019 legislative session, the state approved a Eligibility to receive shared revenues 1. Projects must serve those at or below 60% AMI. declines to participate? No. A city can participate, and local revenue sharing program for local governments • The state is splitting the shared resources between by providing up to a 0.0146% local sales and use 2. Acquiring, rehabilitating, or constructing affordable receive funds, even if the county participates. Unfortunately, cities and counties. However, cities can receive both housing, which may include new units of affordable if your city does not impose a “qualifying local tax” by the tax credited against the state sales tax for housing shares if they have adopted a “qualifying local tax” housing within an existing structure or facilities providing deadline and your county declines to participate, then you investments, available in increments of 0.0073%, by July 31, 2020. Qualifying taxes are detailed below. will not have access to funds after the first year, due to a supportive housing services. In addition to investing in depending on the imposition of other local taxes and Cities who are levying a “qualifying local tax” by July drafting error in the bill. We don’t anticipate this scenario traditional subsidized housing projects, this authority could whether your county also takes advantage. The tax 28, 2019, the effective date of the new law, will receive potentially be used to provide for land acquisition, down to occur, but please let us know if you find yourself in that credit is in place for up to 20 years and can be used for both shares immediately once they impose the new payment assistance, and home repair so long as recipients situation. We will work with the Legislature to address it if this acquiring, rehabilitating, or constructing affordable proves problematic. In all cases you must meet the program sales tax credit. meet the income guidelines. housing; operations and maintenance of new affordable deadlines to participate. See Deadlines to participate. 3. Funding the operations and maintenance costs of new units or supportive housing facilities; and, for smaller cities, • If a city does not implement a qualifying local tax by of affordable or supportive housing. 4. Does it make a difference at all if our county rental assistance. The funding must be spent on projects the deadline, they can still participate in the program if participates? Only if you have not adopted a “qualifying that serve persons whose income is at or below sixty they meet the other deadlines but will be eligible for a 4. For cities with a population under 100,000, the funds can local tax.” If you have adopted a “qualifying local tax” you percent of the area median income. Cities can also issue lower credit rate. also be used for rental assistance to tenants. can access the higher credit rate regardless of county participation. If you don’t have a “qualifying local tax” then bonds to finance the authorized projects. • A city can adopt the sales tax credit before designating Additional timelines to keep in mind: you can only access the higher rate if the county does not how the funds will be used once collected. This local sales tax authority is a credit against the state participate. 1. Department of Revenue (DOR) requires 30-days-notice of sales tax, so it does not increase the sales tax for the Qualifying local taxes adoption of sales tax credits. The credit will then take effect 5. How is “rental assistance” defined? Does that include consumer. There are tight timelines that must be met to on the first day of the month following the 30-day period. The following are considered “qualifying local taxes” and, rent vouchers? The term “rental assistance” is not defined access this funding source – the first is January 31, 2020 in the chapter 82.14 RCW; however, both federal and if levied, give the city access to both shares of the tax 2. If your city is adopting a “qualifying local tax”, DOR to pass a resolution of intent. The tax ordinance must state housing programs use the term “rental assistance” to credit (i.e. 0.0146% rate instead of the single share rate of requires 75-days-notice of adoption of sales tax increases. then be adopted by July 27, 2020 to qualify for a credit. Local sales tax increases may only take effect on the first mean providing rent, security deposits, or utility payment 0.0073%): day of the first, second, or third quarter – not the fourth assistance to tenants. The following information is intended to assist your city • Affordable housing levy (property tax) under (April 1, July 1, or October 1). 6. Can we pool our revenue with another entity? Can in evaluating its options and timelines. It is not intended RCW 84.52.105 3. If your city is adopting a “qualifying local tax” remember we issue bonds or use the money to repay bonds? as legal advice. Check with your city’s legal counsel and/ • Sales and use tax for housing and related services to factor in the ballot measure process into the timeline, Yes! Cities can enter into an interlocal agreement with or bond counsel for specific questions on project uses other local governments or a public housing authority under RCW 82.14.530. The city must have adopted at as these must be approved by the voters. and deadlines for implementation. to pool tax receipts, pledge tax collections to bonds, least half of the authorized maximum rate of 0.001%. 4. If you are intending to bond the revenues for a project allocating collected taxes to authorized affordable housing under this authority, check with your legal counsel and • Sales tax for chemical dependency and mental health expenditures, or other agreements authorized under bond counsel about other deadlines that may apply to (optional .1 MIDD) under RCW 82.14.460 chapter 39.34 RCW. Cities may also use the tax credit your city. revenue to issue or repay bonds in order to carry out the Deadlines to participate: • Levy (property tax) authorized under RCW 84.55.050, if projects authorized under the new law. • Resolution to levy tax credit: July 28, 2019 – January used solely for affordable housing Frequently asked questions: 7. Is the amount of tax credit we receive limited only by the 31, 2020 Think of the “qualifying local tax” as a multiplier or 1. This program sounds very familiar. Didn’t a local option, amount of sales tax collected per year? No. The maximum • Ordinance to levy the tax credit: By July 27, 2020 “doubler.” It gives the city access to double the tax credit affordable housing sales tax law pass a few years amount will be based on state fiscal year 2019 sales. even when the county chooses to participate in the ago? Yes, but the new law has important differences. The • Adopt “qualifying local tax” (optional): By July 31, 2020 Legislature passed HB 2263 in 2015 that authorized cities and 8. Does the tax credit program expire? Yes, the tax expires program. towns to levy up to a 0.1% sales tax for affordable housing— 20 years after the date on which the tax is first levied.

Carl Schroeder Shannon McClelland Carl Schroeder Shannon McClelland Government Relations Advocate Legislative & Policy Analyst Government Relations Advocate Legislative & Policy Analyst Contact: [email protected] [email protected] Contact: [email protected] [email protected]

Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org 06/20/19 Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org 06/20/19 Is your city interested in accessing additional 1 funding to support affordable housing for the next Six steps to affordable housing revenue 20 years?

Maybe. Yes No What can we spend All projects must serve households with incomes at the money on? or below 60% Area Median Income (AMI). Is the city’s population more than 100,000? No action required. Does your city levy a “qualifying local tax”? 2 Yes No All of the options for cities over 100,000, plus rental assistance to Yes What’s a “qualifying No Can your city adopt a “qualifying local tax” tenants. local tax”? by July 31, 2020, including ballot measure?

Yes No Your city is still • Acquiring, rehabing, or constructing affordable 1. Affordable housing levy The law requires a resolution of intent to impose eligible to participate housing. Includes new units within an existing (RCW 84.52.105) 3 the tax credit. Can your city adopt a resolution in the program. Go to structure or supportive housing facilities under OR of intent between July 28, 2019 and January 31, Step 3 to continue. RCW 71.24.385. Consider bonding, land acquisition, 2020? direct capital investment down payment assistance, 2. Sales and use tax for housing and rehabilitation of single-family homes owned by and related services (RCW Yes Unfortunately, your city individuals who meet the 60% AMI qualification. 82.14.530). Must impose at No is no longer eligible to lease half of the authorized OR participate in the program. rate. • Funding the operations and maintenance costs of new units of affordable or supportive housing. OR Great! Next, your city must adopt an ordinance by 3. Sales tax for chemical 4 July 27, 2020 to levy the maximum tax under HB dependency and mental health 1406. Did you or will you? services or therapeutic courts (RCW 82.14.460). Yes No Important dates: OR • Resolution to levy tax credit: July 28, 2019 – January 4. Levy (property tax) under RCW 31, 2020 84.55.050, if used solely for affordable housing. Great! Now let’s find out what your maximum tax • Ordinance to levy the tax credit: By July 27, 2020 5 rate is. Did your city instate a “qualifying local tax” • Adopt “qualifying local tax” (optional): By July 31, 2020 by the deadline – July 31, 2020? A “qualifying local • See also Additional timelines to keep in mind tax” is not required but can increase your tax credit. on the back

Yes No Did your county levy its share of the tax credit?

Yes No If the county declared they will not levy the tax or have not adopted a resolution of intent by February 1, 2020, your Was your city levying the “qualifying local tax” city’s tax rate will be 0.0146%. (See Important Dates.) 6 before you instated the tax credit under HB 1406? Your tax credit rate is 0.0073% starting on the date Yes No the tax credit is levied. (See Important Dates.)

Your tax credit rate is 0.0146% Until July 1, 2020, your tax credit rate is 0.0073% starting starting on the date the tax credit on the date the tax credit is levied. (See Important is levied. (See Important Dates.) Dates.) After July 1, 2020, your tax credit rate is 0.0146%. Tax credit rate examples but, importantly, only after voter approval. This sales tax levy Implementing HB 1406 is considered a “qualifying local tax” under HB 1406. Another Max tax City with City City doesn’t County doesn’t 2019 credit rate qualifying without levy a tax participate, city important distinction is that the affordable housing sales tax under HB local tax qualifying credit, participates but from 2015 is an additional tax on the consumer, and not a 1406 local tax county does doesn’t have a credit on an existing state-imposed tax. participate qualifying tax.* Don’t miss out on up to 20 years of shared City 0.0146% 0.0073% 0.0% July 2020: 0.0% 2. Do we have to levy a “qualifying local tax” to participate? No. Your city is still eligible to participate in the County 0.0% 0.0073% 0.0146% 0.0% program, but your tax credit rate will depend on whether revenue for affordable housing *We believe that this was an error in bill drafting. Please let us know if you are in the county participates in the program. See Tax credit rate this situation. We can work to address it in future legislative sessions. examples chart to the left. Eligible uses of the funds: 3. Do we only have access to the program if the county In the 2019 legislative session, the state approved a Eligibility to receive shared revenues 1. Projects must serve those at or below 60% AMI. declines to participate? No. A city can participate, and local revenue sharing program for local governments • The state is splitting the shared resources between by providing up to a 0.0146% local sales and use 2. Acquiring, rehabilitating, or constructing affordable receive funds, even if the county participates. Unfortunately, cities and counties. However, cities can receive both housing, which may include new units of affordable if your city does not impose a “qualifying local tax” by the tax credited against the state sales tax for housing shares if they have adopted a “qualifying local tax” housing within an existing structure or facilities providing deadline and your county declines to participate, then you investments, available in increments of 0.0073%, by July 31, 2020. Qualifying taxes are detailed below. will not have access to funds after the first year, due to a supportive housing services. In addition to investing in depending on the imposition of other local taxes and Cities who are levying a “qualifying local tax” by July drafting error in the bill. We don’t anticipate this scenario traditional subsidized housing projects, this authority could whether your county also takes advantage. The tax 28, 2019, the effective date of the new law, will receive potentially be used to provide for land acquisition, down to occur, but please let us know if you find yourself in that credit is in place for up to 20 years and can be used for both shares immediately once they impose the new payment assistance, and home repair so long as recipients situation. We will work with the Legislature to address it if this acquiring, rehabilitating, or constructing affordable proves problematic. In all cases you must meet the program sales tax credit. meet the income guidelines. housing; operations and maintenance of new affordable deadlines to participate. See Deadlines to participate. 3. Funding the operations and maintenance costs of new units or supportive housing facilities; and, for smaller cities, • If a city does not implement a qualifying local tax by of affordable or supportive housing. 4. Does it make a difference at all if our county rental assistance. The funding must be spent on projects the deadline, they can still participate in the program if participates? Only if you have not adopted a “qualifying that serve persons whose income is at or below sixty they meet the other deadlines but will be eligible for a 4. For cities with a population under 100,000, the funds can local tax.” If you have adopted a “qualifying local tax” you percent of the area median income. Cities can also issue lower credit rate. also be used for rental assistance to tenants. can access the higher credit rate regardless of county participation. If you don’t have a “qualifying local tax” then bonds to finance the authorized projects. • A city can adopt the sales tax credit before designating Additional timelines to keep in mind: you can only access the higher rate if the county does not how the funds will be used once collected. This local sales tax authority is a credit against the state participate. 1. Department of Revenue (DOR) requires 30-days-notice of sales tax, so it does not increase the sales tax for the Qualifying local taxes adoption of sales tax credits. The credit will then take effect 5. How is “rental assistance” defined? Does that include consumer. There are tight timelines that must be met to on the first day of the month following the 30-day period. The following are considered “qualifying local taxes” and, rent vouchers? The term “rental assistance” is not defined access this funding source – the first is January 31, 2020 in the chapter 82.14 RCW; however, both federal and if levied, give the city access to both shares of the tax 2. If your city is adopting a “qualifying local tax”, DOR to pass a resolution of intent. The tax ordinance must state housing programs use the term “rental assistance” to credit (i.e. 0.0146% rate instead of the single share rate of requires 75-days-notice of adoption of sales tax increases. then be adopted by July 27, 2020 to qualify for a credit. Local sales tax increases may only take effect on the first mean providing rent, security deposits, or utility payment 0.0073%): day of the first, second, or third quarter – not the fourth assistance to tenants. The following information is intended to assist your city • Affordable housing levy (property tax) under (April 1, July 1, or October 1). 6. Can we pool our revenue with another entity? Can in evaluating its options and timelines. It is not intended RCW 84.52.105 3. If your city is adopting a “qualifying local tax” remember we issue bonds or use the money to repay bonds? as legal advice. Check with your city’s legal counsel and/ • Sales and use tax for housing and related services to factor in the ballot measure process into the timeline, Yes! Cities can enter into an interlocal agreement with or bond counsel for specific questions on project uses other local governments or a public housing authority under RCW 82.14.530. The city must have adopted at as these must be approved by the voters. and deadlines for implementation. to pool tax receipts, pledge tax collections to bonds, least half of the authorized maximum rate of 0.001%. 4. If you are intending to bond the revenues for a project allocating collected taxes to authorized affordable housing under this authority, check with your legal counsel and • Sales tax for chemical dependency and mental health expenditures, or other agreements authorized under bond counsel about other deadlines that may apply to (optional .1 MIDD) under RCW 82.14.460 chapter 39.34 RCW. Cities may also use the tax credit your city. revenue to issue or repay bonds in order to carry out the Deadlines to participate: • Levy (property tax) authorized under RCW 84.55.050, if projects authorized under the new law. • Resolution to levy tax credit: July 28, 2019 – January used solely for affordable housing Frequently asked questions: 7. Is the amount of tax credit we receive limited only by the 31, 2020 Think of the “qualifying local tax” as a multiplier or 1. This program sounds very familiar. Didn’t a local option, amount of sales tax collected per year? No. The maximum • Ordinance to levy the tax credit: By July 27, 2020 “doubler.” It gives the city access to double the tax credit affordable housing sales tax law pass a few years amount will be based on state fiscal year 2019 sales. even when the county chooses to participate in the ago? Yes, but the new law has important differences. The • Adopt “qualifying local tax” (optional): By July 31, 2020 Legislature passed HB 2263 in 2015 that authorized cities and 8. Does the tax credit program expire? Yes, the tax expires program. towns to levy up to a 0.1% sales tax for affordable housing— 20 years after the date on which the tax is first levied.

Carl Schroeder Shannon McClelland Carl Schroeder Shannon McClelland Government Relations Advocate Legislative & Policy Analyst Government Relations Advocate Legislative & Policy Analyst Contact: [email protected] [email protected] Contact: [email protected] [email protected]

Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org 06/20/19 Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org 06/20/19 Taxable Retail Sales for All Cities and Towns for Purposes of SHB 1406 The data below are for state fiscal year 2019 (July 1, 2018 to June 30, 2019).

ESTIMATED MAXIMUM CAPS CITY COUNTY Q3 2018 Q4 2018 Q1 2019 Q2 2019 Total, Q3 2018-Q2 2019 0.0073% annual cap 0.0073% over 20 years 0.0146% annual cap 0.0146% over 20 years Aberdeen Grays Harbor 119,816,485 120,347,473 111,795,928 120,778,323 472,738,209 $34,510 $690,198 $69,020 $1,380,396 Airway Heights Spokane 65,163,152 63,725,761 62,691,232 70,740,382 262,320,527 $19,149 $382,988 $38,299 $765,976 Albion Whitman 252,619 427,606 449,125 463,021 1,592,371 $116 $2,325 $232 $4,650 Algona King 8,280,480 10,159,326 9,215,198 8,338,736 35,993,740 $2,628 $52,551 $5,255 $105,102 Almira Lincoln 772,254 725,552 486,005 787,492 2,771,303 $202 $4,046 $405 $8,092 Anacortes Skagit 162,432,760 133,533,100 118,513,406 141,385,029 555,864,295 $40,578 $811,562 $81,156 $1,623,124 Arlington Snohomish 145,609,885 150,253,526 143,614,817 174,705,450 614,183,678 $44,835 $896,708 $89,671 $1,793,416 Asotin Asotin 2,353,683 2,551,509 2,149,212 2,116,882 9,171,286 $670 $13,390 $1,339 $26,780 Auburn King 494,584,222 499,201,608 450,314,575 509,363,787 1,953,464,192 $142,603 $2,852,058 $285,206 $5,704,115 Auburn Pierce 21,599,526 24,384,287 21,997,543 22,176,501 90,157,857 $6,582 $131,630 $13,163 $263,261 Bainbridge Island Kitsap 151,902,732 156,759,056 134,549,498 152,122,686 595,333,972 $43,459 $869,188 $86,919 $1,738,375 Battle Ground Clark 96,434,395 97,061,107 85,657,377 96,611,618 375,764,497 $27,431 $548,616 $54,862 $1,097,232 Beaux Arts Village King 2,371,521 2,220,450 1,961,254 2,068,261 8,621,486 $629 $12,587 $1,259 $25,175 Bellevue King 2,114,138,995 2,340,916,594 1,923,130,816 2,181,989,377 8,560,175,782 $624,893 $12,497,857 $1,249,786 $24,995,713 Bellingham Whatcom 770,952,409 761,718,035 653,544,475 764,015,902 2,950,230,821 $215,367 $4,307,337 $430,734 $8,614,674 Benton City Benton 11,384,001 10,307,974 9,335,462 12,018,048 43,045,485 $3,142 $62,846 $6,285 $125,693 Bingen Klickitat 18,330,160 21,142,143 9,580,277 8,801,134 57,853,714 $4,223 $84,466 $8,447 $168,933 Black Diamond King 20,231,210 26,254,140 20,330,765 24,034,851 90,850,966 $6,632 $132,642 $13,264 $265,285 Blaine Whatcom 58,953,151 52,727,291 48,247,684 58,591,621 218,519,747 $15,952 $319,039 $31,904 $638,078 Bonney Lake Pierce 176,496,529 179,622,788 147,388,860 173,457,835 676,966,012 $49,419 $988,370 $98,837 $1,976,741 Bothell King 179,094,655 197,705,057 184,159,316 202,804,833 763,763,861 $55,755 $1,115,095 $111,510 $2,230,190 Bothell Snohomish 168,816,694 180,004,477 177,969,088 176,865,676 703,655,935 $51,367 $1,027,338 $102,734 $2,054,675 Bremerton Kitsap 267,227,480 262,735,793 245,571,474 278,802,972 1,054,337,719 $76,967 $1,539,333 $153,933 $3,078,666 Brewster Okanogan 17,097,125 14,383,648 12,333,393 13,593,661 57,407,827 $4,191 $83,815 $8,382 $167,631 Bridgeport Douglas 2,435,320 2,257,979 3,158,879 6,408,775 14,260,953 $1,041 $20,821 $2,082 $41,642 Brier Snohomish 9,696,892 10,569,064 9,439,241 10,864,499 40,569,696 $2,962 $59,232 $5,923 $118,464 Buckley Pierce 36,213,221 34,263,710 31,965,782 40,691,445 143,134,158 $10,449 $208,976 $20,898 $417,952 Bucoda Thurston 480,076 484,243 459,668 513,483 1,937,470 $141 $2,829 $283 $5,657 Burien King 220,455,696 218,151,611 198,262,027 227,180,658 864,049,992 $63,076 $1,261,513 $126,151 $2,523,026 Burlington Skagit 267,406,136 258,000,412 221,742,498 267,106,127 1,014,255,173 $74,041 $1,480,813 $148,081 $2,961,625 Camas Clark 109,681,580 102,032,308 83,227,697 98,630,370 393,571,955 $28,731 $574,615 $57,462 $1,149,230 Carbonado Pierce 1,542,833 1,944,716 2,554,871 4,663,446 10,705,866 $782 $15,631 $1,563 $31,261 Carnation King 15,270,242 13,261,651 9,187,430 12,256,036 49,975,359 $3,648 $72,964 $7,296 $145,928 Cashmere Chelan 18,226,691 17,986,569 13,951,697 18,227,117 68,392,074 $4,993 $99,852 $9,985 $199,705 Castle Rock Cowlitz 13,836,826 12,569,288 12,266,648 14,574,258 53,247,020 $3,887 $77,741 $7,774 $155,481 Cathlamet Wahkiakum 4,258,316 3,779,026 3,236,906 3,864,081 15,138,329 $1,105 $22,102 $2,210 $44,204 Centralia Lewis 116,387,197 117,252,832 125,582,651 127,377,239 486,599,919 $35,522 $710,436 $71,044 $1,420,872 Chehalis Lewis 148,148,184 145,375,278 131,733,116 144,233,393 569,489,971 $41,573 $831,455 $83,146 $1,662,911 Chelan Chelan 72,224,867 45,993,020 34,453,494 61,476,937 214,148,318 $15,633 $312,657 $31,266 $625,313 Cheney Spokane 50,178,220 50,345,073 42,228,166 57,522,453 200,273,912 $14,620 $292,400 $29,240 $584,800 Chewelah Stevens 10,847,823 11,214,762 8,647,691 11,664,697 42,374,973 $3,093 $61,867 $6,187 $123,735 Clarkston Asotin 70,994,271 71,804,744 63,174,336 73,340,019 279,313,370 $20,390 $407,798 $40,780 $815,595 Cle Elum Kittitas 35,618,479 30,356,188 21,916,925 30,516,823 118,408,415 $8,644 $172,876 $17,288 $345,753 Clyde Hill King 22,455,198 23,900,065 22,817,386 31,001,510 100,174,159 $7,313 $146,254 $14,625 $292,509 Colfax Whitman 14,617,396 13,356,785 12,615,514 16,452,979 57,042,674 $4,164 $83,282 $8,328 $166,565 College Place Walla Walla 37,347,078 36,899,176 31,298,157 39,633,534 145,177,945 $10,598 $211,960 $21,196 $423,920 Colton Whitman 725,781 679,667 613,251 644,377 2,663,076 $194 $3,888 $389 $7,776 Colville Stevens 60,970,821 63,213,478 50,127,524 62,938,727 237,250,550 $17,319 $346,386 $34,639 $692,772 Conconully Okanogan 693,799 521,429 319,542 739,145 2,273,915 $166 $3,320 $332 $6,640 Concrete Skagit 4,654,232 3,521,129 3,620,744 3,698,472 15,494,577 $1,131 $22,622 $2,262 $45,244 Connell Franklin 8,970,005 8,496,173 6,993,926 8,278,361 32,738,465 $2,390 $47,798 $4,780 $95,596 Cosmopolis Grays Harbor 5,785,491 5,348,218 5,566,178 6,152,529 22,852,416 $1,668 $33,365 $3,336 $66,729 Coulee City Grant 1,891,164 1,709,295 1,756,953 2,839,089 8,196,501 $598 $11,967 $1,197 $23,934 Coulee Dam Okanogan/Douglas/Grant1 2,133,626 2,290,384 1,824,601 2,418,293 8,666,904 $633 $12,654 $1,265 $25,307 Coupeville Island 17,836,588 17,907,180 14,682,172 15,746,186 66,172,126 $4,831 $96,611 $9,661 $193,223 Covington King 157,216,394 153,495,825 123,567,783 147,292,087 581,572,089 $42,455 $849,095 $84,910 $1,698,190 3.00% Creston Lincoln 443,605 532,569 386,113 455,669 1,817,956 $133 $2,654 $265 $5,308 $0 $ 8,996.00 $ 179,924.78 Cusick Pend Oreille 665,446 666,638 528,171 657,841 2,518,096 $184 $3,676 $368 $7,353 Darrington Snohomish 4,141,664 4,331,207 3,438,399 4,375,122 16,286,392 $1,189 $23,778 $2,378 $47,556 Davenport Lincoln 8,504,856 8,089,081 6,728,464 8,902,436 32,224,837 $2,352 $47,048 $4,705 $94,097 Dayton Columbia 9,244,558 8,651,970 7,535,649 9,129,833 34,562,010 $2,523 $50,461 $5,046 $100,921 Deer Park Spokane 30,327,307 28,412,873 23,236,439 30,387,869 112,364,488 $8,203 $164,052 $16,405 $328,104 Des Moines King 111,778,476 113,828,316 104,400,883 116,756,449 446,764,124 $32,614 $652,276 $65,228 $1,304,551 DuPont Pierce 32,967,035 44,999,840 49,897,523 54,774,629 182,639,027 $13,333 $266,653 $26,665 $533,306 Duvall King 30,943,071 32,736,361 26,660,925 32,895,796 123,236,153 $8,996 $179,925 $17,992 $359,850 East Wenatchee Douglas 123,482,804 120,329,143 96,591,321 116,662,265 457,065,533 $33,366 $667,316 $66,732 $1,334,631 Eatonville Pierce 13,344,675 11,616,284 10,367,452 12,392,505 47,720,916 $3,484 $69,673 $6,967 $139,345 Edgewood Pierce 34,950,126 38,907,166 35,807,922 41,103,567 150,768,781 $11,006 $220,122 $22,012 $440,245 Edmonds Snohomish 261,452,188 252,572,619 219,656,975 249,735,914 983,417,696 $71,789 $1,435,790 $143,579 $2,871,580 Electric City Grant 3,105,061 1,512,348 1,280,317 2,255,932 8,153,658 $595 $11,904 $1,190 $23,809 Ellensburg Kittitas 152,995,752 146,963,098 128,515,471 154,163,235 582,637,556 $42,533 $850,651 $85,065 $1,701,302 Elma Grays Harbor 23,974,572 21,887,759 20,579,801 20,979,417 87,421,549 $6,382 $127,635 $12,764 $255,271 Elmer City Okanogan 174,665 252,520 225,231 246,910 899,326 $66 $1,313 $131 $2,626 Endicott Whitman 795,406 2,228,948 2,681,913 2,665,323 8,371,590 $611 $12,223 $1,222 $24,445 Entiat Chelan 3,254,320 2,863,922 2,701,325 3,116,806 11,936,373 $871 $17,427 $1,743 $34,854 Enumclaw King 93,833,754 98,750,793 86,758,311 98,843,091 378,185,949 $27,608 $552,151 $55,215 $1,104,303 Ephrata Grant 46,490,940 45,496,915 39,519,633 46,550,406 178,057,894 $12,998 $259,965 $25,996 $519,929 Everett Snohomish 763,295,166 798,609,647 709,732,960 801,026,006 3,072,663,779 $224,304 $4,486,089 $448,609 $8,972,178 Everson Whatcom 10,233,011 9,511,296 8,398,791 10,064,379 38,207,477 $2,789 $55,783 $5,578 $111,566 Fairfield Spokane 1,275,637 1,997,233 1,261,405 1,307,354 5,841,629 $426 $8,529 $853 $17,058 Farmington Whitman 183,337 226,535 224,993 254,478 889,343 $65 $1,298 $130 $2,597 Federal Way King 432,215,702 441,974,358 388,748,763 448,455,521 1,711,394,344 $124,932 $2,498,636 $249,864 $4,997,271 Ferndale Whatcom 62,009,819 66,049,341 63,257,877 71,346,237 262,663,274 $19,174 $383,488 $38,349 $766,977 Fife Pierce 258,042,694 233,092,814 221,439,417 265,858,823 978,433,748 $71,426 $1,428,513 $142,851 $2,857,027 Fircrest Pierce 12,503,948 14,487,939 12,810,340 18,308,189 58,110,416 $4,242 $84,841 $8,484 $169,682 Forks Clallam 17,917,788 15,041,259 13,590,226 18,121,861 64,671,134 $4,721 $94,420 $9,442 $188,840 Friday Harbor San Juan 49,374,228 34,691,503 26,533,401 42,722,768 153,321,900 $11,192 $223,850 $22,385 $447,700 Garfield Whitman 742,805 896,685 634,496 947,297 3,221,283 $235 $4,703 $470 $9,406 George Grant 3,937,241 3,219,001 3,431,102 4,081,129 14,668,473 $1,071 $21,416 $2,142 $42,832 Gig Harbor Pierce 212,426,007 209,810,278 175,684,405 206,047,142 803,967,832 $58,690 $1,173,793 $117,379 $2,347,586 Gold Bar Snohomish 5,667,121 5,312,435 5,678,477 6,763,263 23,421,296 $1,710 $34,195 $3,420 $68,390 Goldendale Klickitat 15,318,226 15,946,537 13,827,726 16,125,671 61,218,160 $4,469 $89,379 $8,938 $178,757 Grand Coulee Grant 9,588,749 8,998,674 7,333,961 9,513,805 35,435,189 $2,587 $51,735 $5,174 $103,471 Grandview Yakima 29,550,337 33,026,836 29,221,801 38,814,499 130,613,473 $9,535 $190,696 $19,070 $381,391 Granger Yakima 4,064,269 3,758,328 3,419,271 3,949,007 15,190,875 $1,109 $22,179 $2,218 $44,357 Granite Falls Snohomish 22,463,862 23,772,281 21,197,773 21,000,868 88,434,784 $6,456 $129,115 $12,911 $258,230 Hamilton Skagit 1,413,454 1,595,368 2,424,396 1,441,553 6,874,771 $502 $10,037 $1,004 $20,074 Harrah Yakima 950,689 734,012 598,404 984,727 3,267,832 $239 $4,771 $477 $9,542 Harrington Lincoln 634,051 935,697 570,809 679,214 2,819,771 $206 $4,117 $412 $8,234 Hartline Grant 215,908 248,115 236,776 263,700 964,499 $70 $1,408 $141 $2,816 Hatton Adams 92,538 151,952 167,918 227,215 639,623 $47 $934 $93 $1,868 Hoquiam Grays Harbor 21,294,198 23,419,771 23,470,422 22,473,399 90,657,790 $6,618 $132,360 $13,236 $264,721 Hunts Point King 3,836,731 4,182,737 3,340,333 6,629,238 17,989,039 $1,313 $26,264 $2,626 $52,528 Ilwaco Pacific 7,221,993 5,432,999 5,054,620 5,267,658 22,977,270 $1,677 $33,547 $3,355 $67,094 Index Snohomish 440,114 565,781 312,182 489,530 1,807,607 $132 $2,639 $264 $5,278 Ione Pend Oreille 1,790,795 1,565,686 1,340,224 1,531,504 6,228,209 $455 $9,093 $909 $18,186 Issaquah King 439,821,827 448,309,123 364,230,031 430,099,112 1,682,460,093 $122,820 $2,456,392 $245,639 $4,912,783 Kahlotus Franklin 442,239 807,851 296,162 328,197 1,874,449 $137 $2,737 $274 $5,473 Kalama Cowlitz 17,332,049 14,857,089 12,520,936 15,898,590 60,608,664 $4,424 $88,489 $8,849 $176,977 Kelso Cowlitz 73,859,683 72,320,742 66,350,870 79,396,859 291,928,154 $21,311 $426,215 $42,622 $852,430 Kenmore King 71,466,337 80,960,120 70,334,176 84,796,414 307,557,047 $22,452 $449,033 $44,903 $898,067 Kennewick Benton 576,183,113 581,448,260 490,415,740 592,247,894 2,240,295,007 $163,542 $3,270,831 $327,083 $6,541,661 Kent King 655,326,155 662,711,694 629,944,149 714,635,742 2,662,617,740 $194,371 $3,887,422 $388,742 $7,774,844 Kettle Falls Stevens 5,912,726 5,861,004 4,571,758 6,412,485 22,757,973 $1,661 $33,227 $3,323 $66,453 Kirkland King 725,829,404 742,092,365 676,829,898 752,226,359 2,896,978,026 $211,479 $4,229,588 $422,959 $8,459,176 Kittitas Kittitas 3,306,578 2,388,215 2,279,850 2,860,895 10,835,538 $791 $15,820 $1,582 $31,640 Krupp (Marlin) Grant 82,272 87,030 48,432 52,530 270,264 $20 $395 $39 $789 La Center Clark 8,549,296 9,530,825 8,209,787 9,377,803 35,667,711 $2,604 $52,075 $5,207 $104,150 La Conner Skagit 16,844,487 14,506,425 10,892,471 15,662,615 57,905,998 $4,227 $84,543 $8,454 $169,086 Lacey Thurston 396,966,199 401,419,854 330,914,713 384,682,242 1,513,983,008 $110,521 $2,210,415 $221,042 $4,420,830 LaCrosse Whitman 1,212,551 1,102,156 836,660 997,675 4,149,042 $303 $6,058 $606 $12,115 Lake Forest Park King 34,990,168 38,251,211 30,321,439 32,646,302 136,209,120 $9,943 $198,865 $19,887 $397,731 Lake Stevens Snohomish 114,735,783 130,844,626 112,001,737 120,108,182 477,690,328 $34,871 $697,428 $69,743 $1,394,856

TRS_RTL_VS_TOT_CITY_Q318 PAGE 1 OF 3 Taxable Retail Sales for All Cities and Towns for Purposes of SHB 1406 The data below are for state fiscal year 2019 (July 1, 2018 to June 30, 2019).

ESTIMATED MAXIMUM CAPS CITY COUNTY Q3 2018 Q4 2018 Q1 2019 Q2 2019 Total, Q3 2018-Q2 2019 0.0073% annual cap 0.0073% over 20 years 0.0146% annual cap 0.0146% over 20 years Lakewood Pierce 320,732,721 341,021,162 321,282,669 353,550,385 1,336,586,937 $97,571 $1,951,417 $195,142 $3,902,834 Lamont Whitman 44,603 78,948 67,637 318,363 509,551 $37 $744 $74 $1,488 Langley Island 14,895,321 12,443,107 10,251,888 13,483,518 51,073,834 $3,728 $74,568 $7,457 $149,136 Latah Spokane 229,015 1,095,327 711,691 360,431 2,396,464 $175 $3,499 $350 $6,998 Leavenworth Chelan 62,425,921 64,171,877 38,714,474 48,245,187 213,557,459 $15,590 $311,794 $31,179 $623,588 Liberty Lake Spokane 103,284,934 93,541,808 82,690,766 109,972,395 389,489,903 $28,433 $568,655 $56,866 $1,137,311 Lind Adams 1,141,267 1,165,721 849,494 1,005,429 4,161,911 $304 $6,076 $608 $12,153 Long Beach Pacific 24,307,244 15,712,938 16,656,436 21,568,566 78,245,184 $5,712 $114,238 $11,424 $228,476 Longview Cowlitz 261,888,856 262,109,020 230,399,089 261,920,820 1,016,317,785 $74,191 $1,483,824 $148,382 $2,967,648 Lyman Skagit 1,005,049 982,735 918,577 1,084,990 3,991,351 $291 $5,827 $583 $11,655 Lynden Whatcom 84,248,067 76,218,946 68,250,421 84,038,405 312,755,839 $22,831 $456,624 $45,662 $913,247 Lynnwood Snohomish 680,814,079 721,783,499 599,440,493 690,856,162 2,692,894,233 $196,581 $3,931,626 $393,163 $7,863,251 Mabton Yakima 4,044,217 2,637,554 2,115,843 2,343,407 11,141,021 $813 $16,266 $1,627 $32,532 Malden Whitman 70,487 85,964 103,317 171,585 431,353 $31 $630 $63 $1,260 Mansfield Douglas 579,004 759,504 651,632 714,109 2,704,249 $197 $3,948 $395 $7,896 Maple Valley King 113,908,533 109,173,651 92,572,353 112,118,275 427,772,812 $31,227 $624,548 $62,455 $1,249,097 Marcus Stevens 143,790 97,154 67,063 74,879 382,886 $28 $559 $56 $1,118 Marysville Snohomish 317,039,891 340,732,135 290,540,123 338,582,454 1,286,894,603 $93,943 $1,878,866 $187,887 $3,757,732 Mattawa Grant 7,756,766 6,195,746 5,600,769 7,621,861 27,175,142 $1,984 $39,676 $3,968 $79,351 McCleary Grays Harbor 4,278,283 4,624,662 3,964,619 5,117,166 17,984,730 $1,313 $26,258 $2,626 $52,515 Medical Lake Spokane 9,073,221 10,919,038 9,663,245 13,180,243 42,835,747 $3,127 $62,540 $6,254 $125,080 Medina King 33,813,882 34,289,494 28,345,745 37,723,703 134,172,824 $9,795 $195,892 $19,589 $391,785 Mercer Island King 131,110,694 137,814,620 111,523,907 129,605,414 510,054,635 $37,234 $744,680 $74,468 $1,489,360 Mesa Franklin 2,822,229 2,338,377 1,797,685 2,428,722 9,387,013 $685 $13,705 $1,371 $27,410 Metaline Pend Oreille 409,692 683,371 279,071 429,168 1,801,302 $131 $2,630 $263 $5,260 Metaline Falls Pend Oreille 937,846 837,992 677,127 800,553 3,253,518 $238 $4,750 $475 $9,500 Mill Creek Snohomish 82,820,236 85,654,037 77,635,092 91,618,574 337,727,939 $24,654 $493,083 $49,308 $986,166 Millwood Spokane 15,633,573 15,403,824 13,948,946 17,688,409 62,674,752 $4,575 $91,505 $9,151 $183,010 Milton King 2,661,008 13,012,135 3,079,682 3,206,081 21,958,906 $1,603 $32,060 $3,206 $64,120 Milton Pierce 29,397,183 30,738,636 30,004,245 31,417,032 121,557,096 $8,874 $177,473 $17,747 $354,947 Monroe Snohomish 160,465,981 160,300,977 139,349,214 163,074,758 623,190,930 $45,493 $909,859 $90,986 $1,819,718 Montesano Grays Harbor 16,515,062 15,903,229 14,569,846 17,653,649 64,641,786 $4,719 $94,377 $9,438 $188,754 Morton Lewis 9,644,481 9,311,817 7,970,261 9,176,331 36,102,890 $2,636 $52,710 $5,271 $105,420 Moses Lake Grant 201,718,788 193,532,916 171,808,550 213,548,010 780,608,264 $56,984 $1,139,688 $113,969 $2,279,376 Mossyrock Lewis 2,321,762 2,125,813 1,785,867 2,251,686 8,485,128 $619 $12,388 $1,239 $24,777 Mount Vernon Skagit 225,808,146 230,392,758 201,963,477 230,417,863 888,582,244 $64,867 $1,297,330 $129,733 $2,594,660 Mountlake Terrace Snohomish 64,838,856 70,920,371 73,058,784 82,606,486 291,424,497 $21,274 $425,480 $42,548 $850,960 Moxee Yakima 8,758,115 8,151,410 8,670,215 9,555,148 35,134,888 $2,565 $51,297 $5,130 $102,594 Mukilteo Snohomish 80,282,909 74,945,796 69,343,476 86,397,145 310,969,326 $22,701 $454,015 $45,402 $908,030 Naches Yakima 8,786,557 8,994,338 8,623,818 8,850,216 35,254,929 $2,574 $51,472 $5,147 $102,944 Napavine Lewis 12,047,098 10,220,374 9,870,589 11,994,105 44,132,166 $3,222 $64,433 $6,443 $128,866 Nespelem Okanogan 438,970 518,905 437,346 688,956 2,084,177 $152 $3,043 $304 $6,086 Newcastle King 40,602,151 41,939,802 36,508,715 47,644,075 166,694,743 $12,169 $243,374 $24,337 $486,749 Newport Pend Oreille 14,633,945 15,715,745 12,657,164 13,857,887 56,864,741 $4,151 $83,023 $8,302 $166,045 Nooksack Whatcom 3,633,976 3,135,260 2,846,753 3,177,120 12,793,109 $934 $18,678 $1,868 $37,356 Normandy Park King 18,385,943 19,504,506 16,603,888 20,007,508 74,501,845 $5,439 $108,773 $10,877 $217,545 North Bend King 81,635,703 83,430,050 68,567,168 85,821,905 319,454,826 $23,320 $466,404 $46,640 $932,808 North Bonneville Skamania 2,056,722 4,981,310 5,159,318 12,931,476 25,128,826 $1,834 $36,688 $3,669 $73,376 Northport Stevens 1,432,742 1,409,077 1,261,703 1,310,672 5,414,194 $395 $7,905 $790 $15,809 Oak Harbor Island 126,768,469 125,520,810 103,244,476 121,209,017 476,742,772 $34,802 $696,044 $69,604 $1,392,089 Oakesdale Whitman 938,426 802,168 789,234 720,992 3,250,820 $237 $4,746 $475 $9,492 Oakville Grays Harbor 1,600,212 1,583,724 1,763,249 1,653,223 6,600,408 $482 $9,637 $964 $19,273 Ocean Shores Grays Harbor 42,924,228 28,945,715 28,783,067 36,976,241 137,629,251 $10,047 $200,939 $20,094 $401,877 Odessa Lincoln 2,534,962 3,207,158 2,430,470 2,971,039 11,143,629 $813 $16,270 $1,627 $32,539 Okanogan Okanogan 15,003,852 13,542,842 10,283,982 14,691,223 53,521,899 $3,907 $78,142 $7,814 $156,284 Olympia Thurston 568,763,535 557,271,397 508,817,812 618,460,231 2,253,312,975 $164,492 $3,289,837 $328,984 $6,579,674 Omak Okanogan 65,162,528 59,399,527 47,008,573 60,314,453 231,885,081 $16,928 $338,552 $33,855 $677,104 Oroville Okanogan 8,927,009 8,201,632 5,957,824 8,173,308 31,259,773 $2,282 $45,639 $4,564 $91,279 Orting Pierce 25,583,440 23,661,812 22,214,796 24,693,722 96,153,770 $7,019 $140,385 $14,038 $280,769 Othello Adams 54,199,639 45,745,568 41,357,357 40,805,106 182,107,670 $13,294 $265,877 $26,588 $531,754 Pacific King 15,502,660 15,342,789 14,014,856 16,907,669 61,767,974 $4,509 $90,181 $9,018 $180,362 Pacific Pierce 14,927,172 18,520,606 17,582,008 19,859,606 70,889,392 $5,175 $103,499 $10,350 $206,997 Palouse Whitman 2,303,611 2,299,942 1,896,758 2,641,181 9,141,492 $667 $13,347 $1,335 $26,693 Pasco Franklin 379,526,966 356,255,097 316,598,987 395,755,003 1,448,136,053 $105,714 $2,114,279 $211,428 $4,228,557 Pateros Okanogan 3,612,509 3,020,715 2,165,926 2,545,066 11,344,216 $828 $16,563 $1,656 $33,125 Pe Ell Lewis 934,748 980,399 1,019,176 1,051,024 3,985,347 $291 $5,819 $582 $11,637 Pomeroy Garfield 4,532,636 5,238,967 4,793,402 4,730,698 19,295,703 $1,409 $28,172 $2,817 $56,343 Port Angeles Clallam 113,547,582 97,846,198 83,928,656 101,585,865 396,908,301 $28,974 $579,486 $57,949 $1,158,972 Port Orchard Kitsap 156,160,920 156,225,633 136,290,517 160,703,069 609,380,139 $44,485 $889,695 $88,970 $1,779,390 Port Townsend Jefferson 83,735,393 70,371,758 57,467,457 71,219,568 282,794,176 $20,644 $412,879 $41,288 $825,759 Poulsbo Kitsap 127,880,356 124,773,310 107,887,625 129,924,948 490,466,239 $35,804 $716,081 $71,608 $1,432,161 Prescott Walla Walla 1,244,121 1,150,510 1,077,079 1,367,534 4,839,244 $353 $7,065 $707 $14,131 Prosser Benton 43,676,998 42,802,065 36,244,316 45,720,827 168,444,206 $12,296 $245,929 $24,593 $491,857 Pullman Whitman 187,364,840 147,992,178 118,934,235 133,929,704 588,220,957 $42,940 $858,803 $85,880 $1,717,605 Puyallup Pierce 694,495,862 673,789,821 604,606,643 682,483,639 2,655,375,965 $193,842 $3,876,849 $387,685 $7,753,698 Quincy Grant 279,236,270 240,298,562 362,251,231 215,780,973 1,097,567,036 $80,122 $1,602,448 $160,245 $3,204,896 Rainier Thurston 5,287,555 4,780,993 4,553,418 5,352,409 19,974,375 $1,458 $29,163 $2,916 $58,325 Raymond Pacific 11,835,890 11,057,089 9,225,337 10,872,064 42,990,380 $3,138 $62,766 $6,277 $125,532 Reardan Lincoln 4,826,444 3,905,138 2,898,606 4,532,079 16,162,267 $1,180 $23,597 $2,360 $47,194 Redmond King 997,550,203 1,067,198,329 802,536,941 1,093,717,039 3,961,002,512 $289,153 $5,783,064 $578,306 $11,566,127 Renton King 804,274,194 779,471,335 701,127,450 818,285,553 3,103,158,532 $226,531 $4,530,611 $453,061 $9,061,223 Republic Ferry 5,500,885 5,263,090 4,128,745 5,311,392 20,204,112 $1,475 $29,498 $2,950 $58,996 Richland Benton 339,797,624 350,599,525 298,257,711 372,882,950 1,361,537,810 $99,392 $1,987,845 $198,785 $3,975,690 Ridgefield Clark 73,478,750 81,532,957 85,142,462 85,728,822 325,882,991 $23,789 $475,789 $47,579 $951,578 Ritzville Adams 12,573,347 11,988,596 11,306,425 15,931,963 51,800,331 $3,781 $75,628 $7,563 $151,257 Riverside Okanogan 722,828 785,393 675,755 815,866 2,999,842 $219 $4,380 $438 $8,760 Rock Island Douglas 1,988,490 2,326,680 1,587,371 2,224,353 8,126,894 $593 $11,865 $1,187 $23,731 Rockford Spokane 1,724,513 2,081,637 1,544,261 1,714,117 7,064,528 $516 $10,314 $1,031 $20,628 Rosalia Whitman 1,541,427 1,235,764 910,910 1,749,977 5,438,078 $397 $7,940 $794 $15,879 Roslyn Kittitas 6,221,266 6,344,454 4,888,644 5,407,551 22,861,915 $1,669 $33,378 $3,338 $66,757 Roy Pierce 4,451,185 4,493,083 4,274,490 5,013,202 18,231,960 $1,331 $26,619 $2,662 $53,237 Royal City Grant 8,745,381 8,919,631 8,716,599 12,862,197 39,243,808 $2,865 $57,296 $5,730 $114,592 Ruston Pierce 7,874,904 6,341,817 6,836,919 9,043,695 30,097,335 $2,197 $43,942 $4,394 $87,884 Sammamish King 192,857,933 192,136,921 156,247,043 183,708,556 724,950,453 $52,921 $1,058,428 $105,843 $2,116,855 SeaTac King 520,293,434 510,856,016 466,270,435 529,570,740 2,026,990,625 $147,970 $2,959,406 $295,941 $5,918,813 Seattle King 7,288,258,597 7,433,561,154 6,548,481,812 7,596,100,784 28,866,402,347 $2,107,247 $42,144,947 $4,214,495 $84,289,895 Sedro-Woolley Skagit 52,581,634 48,483,271 43,976,346 48,439,038 193,480,289 $14,124 $282,481 $28,248 $564,962 Selah Yakima 38,151,087 37,592,857 34,397,852 44,383,445 154,525,241 $11,280 $225,607 $22,561 $451,214 Sequim Clallam 108,650,653 104,218,508 89,783,651 106,447,671 409,100,483 $29,864 $597,287 $59,729 $1,194,573 Shelton Mason 78,512,377 78,222,284 75,924,087 88,098,385 320,757,133 $23,415 $468,305 $46,831 $936,611 Shoreline King 296,808,855 296,247,887 258,261,871 325,785,691 1,177,104,304 $85,929 $1,718,572 $171,857 $3,437,145 Skykomish King 2,019,397 3,020,460 1,734,030 1,437,982 8,211,869 $599 $11,989 $1,199 $23,979 Snohomish Snohomish 129,890,981 133,996,619 112,820,057 134,615,802 511,323,459 $37,327 $746,532 $74,653 $1,493,065 Snoqualmie King 89,299,737 86,075,520 75,724,546 81,362,816 332,462,619 $24,270 $485,395 $48,540 $970,791 Soap Lake Grant 3,399,039 2,908,263 2,850,075 3,633,258 12,790,635 $934 $18,674 $1,867 $37,349 South Bend Pacific 5,402,270 5,698,886 4,344,367 5,663,991 21,109,514 $1,541 $30,820 $3,082 $61,640 South Cle Elum Kittitas 991,357 725,569 661,276 1,413,031 3,791,233 $277 $5,535 $554 $11,070 South Prairie Pierce 1,713,598 1,735,077 1,719,060 1,845,427 7,013,162 $512 $10,239 $1,024 $20,478 Spangle Spokane 1,817,447 1,656,079 1,266,137 1,452,431 6,192,094 $452 $9,040 $904 $18,081 Spokane Spokane 1,405,252,142 1,426,463,729 1,225,931,047 1,438,183,541 5,495,830,459 $401,196 $8,023,912 $802,391 $16,047,825 Spokane Valley Spokane 676,600,290 682,775,138 579,613,291 707,192,790 2,646,181,509 $193,171 $3,863,425 $386,343 $7,726,850 Sprague Lincoln 1,596,381 766,060 764,273 934,365 4,061,079 $296 $5,929 $593 $11,858 Springdale Stevens 1,247,178 791,470 814,619 933,956 3,787,223 $276 $5,529 $553 $11,059 St. John Whitman 1,506,015 2,015,609 1,229,518 1,847,158 6,598,300 $482 $9,634 $963 $19,267 Stanwood Snohomish 47,940,545 48,876,921 49,284,879 53,272,159 199,374,504 $14,554 $291,087 $29,109 $582,174 Starbuck Columbia 279,593 466,482 313,286 701,801 1,761,162 $129 $2,571 $257 $5,143 Steilacoom Pierce 13,235,744 12,108,270 10,906,036 13,038,013 49,288,063 $3,598 $71,961 $7,196 $143,921 Stevenson Skamania 18,462,872 14,735,496 13,845,554 18,796,956 65,840,878 $4,806 $96,128 $9,613 $192,255 Sultan Snohomish 14,939,126 15,790,292 12,792,372 17,866,551 61,388,341 $4,481 $89,627 $8,963 $179,254 Sumas Whatcom 8,413,562 11,180,620 10,923,378 12,524,833 43,042,393 $3,142 $62,842 $6,284 $125,684 Sumner Pierce 168,549,161 174,714,300 158,892,257 202,765,572 704,921,290 $51,459 $1,029,185 $102,919 $2,058,370 Sunnyside Yakima 85,948,190 84,398,325 73,131,944 85,425,805 328,904,264 $24,010 $480,200 $48,020 $960,400 Tacoma Pierce 1,465,167,095 1,543,886,798 1,363,239,930 1,460,198,487 5,832,492,310 $425,772 $8,515,439 $851,544 $17,030,878 Tekoa Whitman 2,159,033 1,914,013 1,113,349 1,488,991 6,675,386 $487 $9,746 $975 $19,492

TRS_RTL_VS_TOT_CITY_Q318 PAGE 2 OF 3 Taxable Retail Sales for All Cities and Towns for Purposes of SHB 1406 The data below are for state fiscal year 2019 (July 1, 2018 to June 30, 2019).

ESTIMATED MAXIMUM CAPS CITY COUNTY Q3 2018 Q4 2018 Q1 2019 Q2 2019 Total, Q3 2018-Q2 2019 0.0073% annual cap 0.0073% over 20 years 0.0146% annual cap 0.0146% over 20 years Tenino Thurston 7,769,239 7,603,446 6,627,904 8,001,759 30,002,348 $2,190 $43,803 $4,380 $87,607 Tieton Yakima 9,548,079 8,499,947 5,687,285 7,164,088 30,899,399 $2,256 $45,113 $4,511 $90,226 Toledo Lewis 3,581,547 3,389,276 2,985,986 3,623,383 13,580,192 $991 $19,827 $1,983 $39,654 Tonasket Okanogan 8,957,301 8,945,628 7,842,850 9,308,246 35,054,025 $2,559 $51,179 $5,118 $102,358 Toppenish Yakima 24,025,848 20,274,567 18,456,507 23,221,904 85,978,826 $6,276 $125,529 $12,553 $251,058 Tukwila King 609,224,509 595,122,137 503,022,192 567,852,063 2,275,220,901 $166,091 $3,321,823 $332,182 $6,643,645 Tumwater Thurston 218,534,446 212,585,740 199,841,590 245,274,151 876,235,927 $63,965 $1,279,304 $127,930 $2,558,609 Twisp Okanogan 8,907,798 8,987,337 5,975,255 8,523,234 32,393,624 $2,365 $47,295 $4,729 $94,589 Union Gap Yakima 157,893,146 156,898,028 121,108,197 150,578,366 586,477,737 $42,813 $856,257 $85,626 $1,712,515 Uniontown Whitman 500,317 776,757 459,805 482,989 2,219,868 $162 $3,241 $324 $6,482 University Place Pierce 86,449,750 92,732,483 81,413,859 87,191,083 347,787,175 $25,388 $507,769 $50,777 $1,015,539 Vader Lewis 779,126 704,314 700,590 826,001 3,010,031 $220 $4,395 $439 $8,789 Vancouver Clark 1,121,959,019 1,186,598,443 1,031,920,889 1,158,312,602 4,498,790,953 $328,412 $6,568,235 $656,823 $13,136,470 Waitsburg Walla Walla 3,996,735 2,624,489 1,955,352 2,011,036 10,587,612 $773 $15,458 $1,546 $30,916 Walla Walla Walla Walla 182,173,328 175,519,967 144,927,442 180,492,906 683,113,643 $49,867 $997,346 $99,735 $1,994,692 Wapato Yakima 12,323,454 9,580,801 7,801,739 9,588,234 39,294,228 $2,868 $57,370 $5,737 $114,739 Warden Grant 6,692,361 5,983,331 6,983,344 6,889,702 26,548,738 $1,938 $38,761 $3,876 $77,522 Washougal Clark 52,984,050 53,542,581 44,282,927 47,188,978 197,998,536 $14,454 $289,078 $28,908 $578,156 Washtucna Adams 340,658 428,990 295,425 337,098 1,402,171 $102 $2,047 $205 $4,094 Waterville Douglas 2,665,850 2,540,236 1,824,126 3,334,170 10,364,382 $757 $15,132 $1,513 $30,264 Waverly Spokane 233,265 348,229 165,373 94,943 841,810 $61 $1,229 $123 $2,458 Wenatchee Chelan 293,111,031 310,642,713 257,584,736 306,134,479 1,167,472,959 $85,226 $1,704,511 $170,451 $3,409,021 West Richland Benton 34,043,615 38,113,929 32,560,284 39,657,934 144,375,762 $10,539 $210,789 $21,079 $421,577 Westport Grays Harbor 18,144,516 9,698,170 10,991,849 14,647,321 53,481,856 $3,904 $78,084 $7,808 $156,167 White Salmon Klickitat 12,992,238 13,213,101 11,044,078 12,790,705 50,040,122 $3,653 $73,059 $7,306 $146,117 Wilbur Lincoln 3,319,319 2,531,905 2,053,324 3,214,453 11,119,001 $812 $16,234 $1,623 $32,467 Wilkeson Pierce 4,448,839 3,755,816 1,191,574 1,170,138 10,566,367 $771 $15,427 $1,543 $30,854 Wilson Creek Grant 272,018 288,433 257,795 358,005 1,176,251 $86 $1,717 $172 $3,435 Winlock Lewis 5,532,603 5,738,189 5,433,013 5,255,054 21,958,859 $1,603 $32,060 $3,206 $64,120 Winthrop Okanogan 15,983,967 10,607,899 8,398,297 13,656,730 48,646,893 $3,551 $71,024 $7,102 $142,049 Woodinville King 217,744,571 236,302,835 188,147,429 221,208,714 863,403,549 $63,028 $1,260,569 $126,057 $2,521,138 Woodland Cowlitz/Clark2 48,063,298 46,343,465 42,233,269 48,254,023 184,894,055 $13,497 $269,945 $26,995 $539,891 Woodway Snohomish 6,106,727 5,688,846 5,638,633 6,654,902 24,089,108 $1,759 $35,170 $3,517 $70,340 Yacolt Clark 3,159,908 3,610,915 3,535,605 4,119,249 14,425,677 $1,053 $21,061 $2,106 $42,123 Yakima Yakima 512,598,428 512,508,943 455,424,646 534,423,471 2,014,955,488 $147,092 $2,941,835 $294,184 $5,883,670 Yarrow Point King 5,792,322 6,235,169 6,021,841 7,647,110 25,696,442 $1,876 $37,517 $3,752 $75,034 Yelm Thurston 58,666,257 60,351,550 55,516,513 63,499,470 238,033,790 $17,376 $347,529 $34,753 $695,059 Zillah Yakima 11,513,517 12,227,262 9,304,270 13,214,108 46,259,157 $3,377 $67,538 $6,754 $135,077

GRAND TOTAL 148,219,387,217 $10,820,015 $216,400,305 $21,640,031 $432,800,611

Footnotes: 1. Coulee Dam lies mostly within Okanogan County, with only a small portion in Douglas and Grant counties. The DOR data set does not break down Coulee Dam's taxable retail sales by county. 2. Woodland lies mostly within Cowlitz County, with only a small portion in Clark County. The DOR data set does not break down Woodland's taxable retail sales by county.

TRS_RTL_VS_TOT_CITY_Q318 PAGE 3 OF 3 Agenda Bill AB# 20-09a Duvall City Council Meeting Date: 1/24/2020

Subject Phase II Ridge at Big Rock – Final Plat

Document Type Resolution

Department Public Works

Contact Steve Leniszewski, PE Public Works Director

Attorney Review Under Review

Planning Commission Recommendation N/A

Handling Normal Deadline Date 2/4/2020

Needed from Council Informational Only

Recommendation Review the draft documents and staff will discuss the project with the City Council

Council Review History • First Review since Phase 1 approval on 10/15/2019

Attachments • Staff Report • Final Plat Resolution – DRAFT • Final Plat Document – DRAFT

Routing

Director: Steve Leniszewski, PE Approved: SJL 1/24/2020

Administrator: Carey Hert Approved: CLH 1/28/2020

Budget Impacts No Budgetary Impact

Expenditure

Fund Name & # 2019-20 Budgeted Budget Future Impact Amount Impact +/- $ $ $ $ $ $ $ $ $ $ $ $ Revenue

Fund Name & # 2019-20 Budgeted Budget Future Impact Amount Impact +/- $ $ $ $ $ $ $ $ $ $ $ $ Notes

All platting fees were paid with their Phase 1 approval. The only payment the applicant will make will be to clear their development review amounts.

Verified by Finance: DM 1/27/2020

Key Facts and Information Summary

Once the applicant has met City requirements along with the adopted conditions of approval staff will recommend that the City Council approve the final plat.

At this time there are a few items the applicant is working on before staff can recommend approval. The remaining items are: Final edits to the final plat document, several miscellaneous roadway improvements, and Bill of sale (transfer documents for utilities and roadway) edits.

This is a review of the project’s status and we are not recommending approval at this time. Discussion only.

Public Works Department

To: Mayor and City Council From: Steve Leniszewski, PE, Public Works Director Larissa Polanco, Assistant City Engineer Date: January 24, 2020 Subject: The Ridge at Big Rock (aka Duvall Urban Village) Phase II Final Plat – Staff Report

BACKGROUND DISCUSSION:

The Ridge at Big Rock Subdivision (SU08-001) is located on the north and south side of Big Rock Road, bisected by the 3rd Ave NE (extension) and east of the Safeway and Duvall Commons complexes. The Phase II portion is bounded to the to the north by developed property within City limits, to the east and south by The Ridge at Big Rock Phase I, which received Final Plat approval October 15, 2019.

This is Phase II of the subdivisions Final Plat. Phase I divided three parcels totaling 22.12 acres into 27 single family residential lots, one condominium lot (18 units) and five commercial parcels. Phase II completes the subdivision project by dividing one remaining parcel totaling approximately 8.2 acres into 41 single family residential lots and six condominium lots (58 units). Access to the subdivision is via roadway extensions from 3rd Ave NE and NE Big Rock Road. Internal roadway improvements include sidewalks, dedicated on-street parking lanes, and landscaping. Exterior roadway improvements include installation of traffic control measures (roundabout) at 3rd Ave NE and NE Big Rock Road, installation of sidewalk connections between the subdivision and Main Street (aka SR-203) and extending 3rd Ave NE north to NE 143rd Pl.

Infrastructure installed as part of plat development includes sewer main, water main extension and looping from NE Big Rock Road through the project. Stormwater improvements include on-site collection and conveyance, and water quality and detention facilities were completed and approved through the Phase I Final Plat process. Open space areas include, one park/plaza area and a pedestrian connection through the development to Big Rock Road.

CURRENT ACTIVITIES:

Phase II sewer, water, and stormwater infrastructure improvements are complete along with wall, base lift of asphalt on-site and curb installation. Pedestrian safety improvements along the 3rd Ave NE extension have been completed. This includes a 4-way stop at 3rd Ave and NE 143rd Pl and rapid flashing beacons at a mid-block crossing on 3rd Ave. Remaining items (landscape, final lift of asphalt, sidewalk sections, etc.) will be included in Plat Performance bonds to be completed as weather permits and home building reaches 80% completion.

14525 Main Street NE · P.O. Box 1300 · Duvall, WA 98019 · 425.788.3434 · Fax 425.788.0311 www.duvallwa.gov The developer has submitted application materials for review in anticipation of Final Plat approval. City of Duvall Public Works and Community Development Departments are evaluating the submittal information and final plat map to verify that the submittals meet the conditions of preliminary plat approval and platting requirements. Based on discussions with the Developer, all outstanding Final Plat requirements will be completed prior to requesting City Council Final Plat approval at the February 18th 2020 meeting.

PLANNED ACTIVITIES:

As planned, remaining final lift of asphalt, landscape strip installation, and portions of sidewalk installation will be bonded for (not installed) at time of Final Plat. As carried over from Phase I, completion of Tract 989 and lot 77 park improvements will be bonded for and completed prior to building permit final for the first home within Phase I of the project.

Tree mitigation planting is planned in for Winter after the conclusion of the Final Plat’s first phase with the understanding warm summer weather is not the most optimal time to plant and the work will be bonded for as allowed by code. If this schedule cannot be met the planting will occur in the Fall.

Draft fees due immediately prior to the Final Plat decision include: • Any/all outstanding developer review fees (to be determined). • PAID in Phase I - $54,500 in Sewer Equalization Fees. • PAID in Phase I - $84,759 in Storm Drainage Acreage Fees.

All other development fees will be paid at time of building permit issuance in accordance with Duvall Municipal Code. Off-site Park improvements planned with the future Walden Plat are identified on the Parks, Trails, and Open Space Plan and are eligible for Park Impact Fee credit. A park fee impound account will be created for storage of impact fees paid until such time as the Walden project builds the park infrastructure to be credited with fees paid per the Development Agreement. Off-site traffic improvements on 3rd Ave NE and Big Rock Road NE are identified on the City’s 6-year Transportation Improvement Plan (TIP) and are eligible for Traffic Impact fee credit. The Community Development Department is working with Toll Brothers on the location and terms of the affordable housing units (covenant) consistent with the Development Agreement.

RECOMMENDATION:

Staff recommends discussing and reviewing the project at this time as the applicant is not quite ready for formal approval of the Resolution approving the Final Plat of The Ridge at Big Rock Phase II Subdivision. Upon completion of all outstanding requirements including construction items, final plat submittal revisions, and bond posting (bonds are posted) for all bonded items staff will formally recommend approval at that time. CITY OF DUVALL WASHINGTON RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUVALL, WASHINGTON, APPROVING PHASE II OF THE RIDGE AT BIG ROCK FINAL LONG PLAT, SU08-001

WHEREAS, on June 16, 2010, the Hearing Examiner recommended approval of The Ridge at Big Rock (aka Duvall Urban Village) Long Plat subject to specific conditions; and

WHEREAS, on September 13, 2017, the Planning Manager approved the Minor Plat Modification of The Ridge at Big Rock (aka Duvall Urban Village) Preliminary Plat subject to specific conditions; and

WHEREAS, on October 15, 2019 the City Council approved the Phase I final plat map which met the conditions of preliminary plat approval and platting requirements; and

WHEREAS, on October 31, 2019 the City received a proposed Phase II final plat map which meets the conditions of preliminary plat approval and platting requirements; and

WHEREAS, on XXXXX, XX, 2020 the City Engineer finds that the Preliminary Plat conditions have been met or bonded for; and now recommends approval to the City Council; and

WHEREAS, the City Council has reviewed the plat and finds it conforms to the preliminary plat design and all applicable conditions and legal requirements;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUVALL, WASHINGTON, DO RESOLVE AS FOLLOWS:

Section 1. The above-mentioned The Ridge at Big Rock (aka Duvall Urban Village) Phase II Final Long Plat is hereby approved as recommended by the City Engineer.

Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this Resolution, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason or should any portion of this Resolution be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Resolution or its application to other persons or circumstances.

PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE _____ DAY OF ______, 2020.

SIGNATURES NEXT PAGE

CITY OF DUVALL

______Mayor Amy Ockerlander

Approved as to form: ATTEST/AUTHENTICATED:

______City Attorney Jodi Wycoff, City Clerk THE RIDGE AT BIG ROCK, PHASE II, A COMMON INTEREST PLAT COMMUNITY

ESE Consultants, Inc. Land Planning 8815 122nd Ave NE Engineering Suite 200 Land Surveying Kirkland, WA 98033 TEL: 425-825-5367 1 6 THE RIDGE AT BIG ROCK, PHASE II, A COMMON INTEREST PLAT COMMUNITY

ESE Consultants, Inc. Land Planning 8815 122nd Ave NE Engineering Suite 200 Land Surveying Kirkland, WA 98033 TEL: 425-825-5367 2 6 THE RIDGE AT BIG ROCK PHASE II, A COMMON INTEREST PLAT COMMUNITY

ESE Consultants, Inc. Land Planning 8815 122nd Ave NE Engineering Suite 200 Land Surveying Kirkland, WA 98033 TEL: 425-825-5367 3 6 THE RIDGE AT BIG ROCK PHASE II, A COMMON INTEREST PLAT COMMUNITY

ESE Consultants, Inc. Land Planning 8815 122nd Ave NE Engineering Suite 200 Land Surveying Kirkland, WA 98033 TEL: 425-825-5367 4 6 THE RIDGE AT BIG ROCK PHASE II, A COMMON INTEREST PLAT COMMUNITY

ESE Consultants, Inc. Land Planning 8815 122nd Ave NE Engineering Suite 200 Land Surveying Kirkland, WA 98033 TEL: 425-825-5367 5 6 THE RIDGE AT BIG ROCK PHASE II, A COMMON INTEREST PLAT COMMUNITY

ESE Consultants, Inc. Land Planning 8815 122nd Ave NE Engineering Suite 200 Land Surveying Kirkland, WA 98033 TEL: 425-825-5367 6 6 Agenda Bill AB# 20-10a Duvall City Council Meeting Date: 2/4/2020

Subject Amendment of an On-Call Contract

Document Type Contract

Department Public Works

Contact Shaun Tozer, Project Manager

Attorney Review N/A

Planning Commission Recommendation N/A

Handling Expedite Deadline Date 2/4/2020

Needed from Council Action

Recommendation Authorize the Mayor to execute the amendment with Murraysmith authorizing additional funds for continued on-call support.

Staff requests Council suspend Council Procedures in Section 5.6 requiring additional review and finalize this item at this meeting.

Council Review History • 1/21/2020 COW; a brief overview was provided by the Public Works Director during his 2019 annual report

Attachments • Murraysmith, Inc Contract 2019-03 • Amendment #1 • Task Order & scope for telemetry system Master Plan (to be provided)

Routing

Director: Steven Leniszewski, Public Works Director Approved: SJL 1/24/2020

Administrator: Lara Thomas, Interim City Administrator Approved: LDT 1/28/2020

Budget Impacts Budget Amendment Required

Expenditure

Fund Name & # 407 Water Capital Budgeted Change in Future Impact Budget 407.25.594.34.63.11 – Various Capital $840,000 -$32,000 $808,000 Projects 407.25.594.34.64.00 – Water System $0.00 $32,000 $32,000 Telemetry (Design) Revenue

Fund Name & # Budgeted Change in Future Impact Budget N/A Shift between budget lines $ $ $ Notes

Staff recommends utilizing funds for this task that are available in the 407-Water Various Capital Projects budget line ($840,000) and moving $32,000 for this project’s use. Adequate funds are available, and a future budget adjustment can formalize the moving of the funds. Additionally, we recommend using an existing BARS number previously created in the 407 Capital Fund.

Verified by Finance: DM 1/28/2020

Key Facts and Information Summary

Telemetry system upgrades have been warranted for many years as identified in the 2018-2023 water system’s capital planning documents and listed as Project ID #F8 (File path). Telemetry allows for computerized access and controls of system features including flows, pressures, settings, storage volumes, security (intrusion alarms, system access, etc.), water quality and full system oversight.

The opportunity to develop the telemetry system Master Plan presented itself during the Water Comp Plan’s information gathering and evaluation phase. Incorporating this planning effort into the overall Water System Plan will provide many benefits to the utility and staff recommends moving forward as quickly as possible with this work.

The amendment to the contract will allow staff to work with Murraysmith and a specialized telemetry consultant to review, design and implement an upgraded system supplying staff with the appropriate tools necessary to manage the water system. Once the design phase is concluded staff will put a public work project out to bid. L:Li• ::Ii1 hulL A City of Duvall Snull 1()Wfl. I{CIlI Aft.

CONTRACT FOR PROFESSIONAL SERVICES Murraysmith, Inc., On Call Consulting Contract #2019-03

THIS AGREEMENT is entered into between the City of Duvall, Washington, hereinafter referred to as “the City”, and Murraysmith, Inc., 2707 Colby Avenue, Suite 1110, Everett, WA 98201-3566, hereinafter referred to as “the Consultant”, in consideration ofthe mutual benefits, terms, and conditions hereinafter specified.

1. Proiect Designation. The Consultant is retained by the City to perform On Call Consulting services under the terms of this contract. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit “A” attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration ofA%reement; Time for Performance. This Agreement shall be in full force and. effect for a period commencing upon execution and ending December 31, 2020 unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2020 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows:

A. Payment for the work provided by the Consultant shall be made as provided on Exhibit “B” attached hereto, provided that the total amount of payment to the Consultant shall not exceed $40,000.00 (Forty Thousand Dollars and no cents) without express written modification ofthe Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion ofthe project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work.

E. The Consultant’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of seven (7) years after final payments. Copies shall be made available upon request.

5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant’s endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement.

6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement.

7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence ofthe City.

Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultants waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination ofthis Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability ofthe Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below:

1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

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an of 10. Covenant Against Contin%ent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making ofthis contract. For breach or violation ofthis warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City.

13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination.

A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations ofthis Agreement between surviving members ofthe Consultant and the City, ifthe City so chooses. 15. Applicable Law; Venue; Attorney’s Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Duvall Municipal Code and ordinances of the City of Duvall. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney’ s fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court.

16. Severability and Survival. Ifany term, condition or provision ofthis Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereofand all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement.

Murraysmith, Inc., On-Call 2019-2020 AE 20 19-03 ______

I 7. Notices. Notices to the City of Duvall shall be sent to the following address: City Clerk City of Duvall p.o.1300 Duvall,WA 98019

Notices to Consultant shall be sent to the following address: Murraysmith, Inc., Thomas C. Lindberg. P.E. 2707 Colby Avenue, Suite I I I 0, Everett, WA 92201-3566 425-252-9003 phone

I 8. EntireAgreernent; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties.

DATED this L7! day of fl6ve1t44eiL. , 2018.

CITY Of DUVALL . CONSULTANT

-

Attest/Authenticated: Approved as to form: ‘:c1t,u ty Clerk, Jodi ye Rachel B. Turpin, ity Attorney

Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Rates & Charges Exhibit C — Tax Identification form Certificate of Insurance

Murravsmith, Inc., ()mCaJl20 19-2020 AE 2019-03 EXHIBIT A

SCOPE Of SERVICES 2019-2020 On-Call Consulting Services (AE 2019-03) City of Buvall

PROJECT BACKGROUND AND UNDERSTANDING

Murraysmith, Inc. (Murraysmith) has developed the following scope of work for engineering services to be provided on an on-call basis to the City of Duvall. The scope of work has been developed based on Murraysmith’s understanding ofthe services desired by the City. In general, Murraysmith will provide engineering services as directed by the City to assist City staff on projects for proposed developments, capital improvements, and in support of other miscellaneous tasks.

SCOPE Of WORK

Murraysmith will provide on-call engineering services, as requested by the City, which may include but is not limited to the following:

. Coordinate with the City via telephone, e-mail, and meetings to provide professional engineering consultation. . Review plans, drawings, and calculations prepared by others for proposed development projects. . Evaluate impacts ofproposed developments on the City’s water supply, storage, transmission and distribution systems. . Using the City’s water system hydraulic model, perform hydraulic analyses to evaluate size and location ofproposed water system improvements and provide pressure and flow data. . Update the City’s water system hydraulic model with water system improvements, updated demand data, elevation data, and system operation modifications. . Update the City’s water system maps with water system improvements and provide the City with printed and electronic copies, as requested. . Coordinate with the City’s GIS person and assist with the development ofthe City’s GIS system and ongoing updates. . Perform on-site field investigations, as necessary, to support the on-call tasks requested by the City. . Prepare studies and designs for infrastructure improvement projects. . Prepare memorandums, as necessary, to summarize on-call work performed and provide recommendations, as appropriate. . Provide such other services as may be requested by the City.

City ofDuvall MURRAYSMITH, INC. On-Call Consulting Services November 7, 2018 Page 1 PROPOSED ENGINEERING FEES

Murraysmith proposes to provide on-call engineering services on a time and expenses basis in accordance with Murraysmith’s current Schedule of Charges in effect at the time the work is accomplished. Murraysmith’s current Schedule ofCharges for services provided in 2019 and 2020 is attached as Exhibit B. The Schedule of Charges is updated annually and becomes effective on January 1st. Total compensation for all services provided under this on-call shall not exceed the two-year project budget of $40,000 without prior authorization ofthe City.

PROJECT SCHEDULE

Murraysmith is prepared to start work immediately to assist the City as needed. The services to be provided for this project shall commence upon the City’s request for assistance and authorization to proceed. On-call services for this project are scheduled to end on December 31, 2020, unless the contract and project schedule are extended by the City.

City ofDuvall MURRAYSMITH, INC. On-Call Consulting Services November 7, 2018 Page 2 )htIf ‘‘ murraysmith

SCHEDULEOF RATESAND CHARGES

Personnel:

Labor will be invoiced by staff classification at the following hourly rates, which arevalid from January 1, 2019 to December 31, 2020. After this period, the rates are subject to adj ustment.

Administrative $91.00 - $124.00 Technicians $105.00 - $159.00 Engineering Designers $135.00 - $223.00 Professional Engineers $154.00 - $231.00 Principal Engineers $218.00 - $288.00

Project Expenses:

Expenses incurred in-house that are directly attributable to the project will be invoicedat actual cost. These expenses include the following:

CADDHardware/Software $18.00/hour Modeling and GISHardware/Software $10.00/hour Mileage Current IRSRate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost

Outside Services:

Outside technical, professional, and other services will be invoiced at actual cost plus 10 percent to cover administration and overhead.

Puget Sound MURRAYSMITH 2019-2020 Enginee rs/PIa nne rs

CONTRACT AMENDMENT FOR CONSULTING SERVICES CONTRACT AGREEMENT #2019-03 AMENDMENT #1

Firm Name, Address: Murraysmith, Inc.; 2707 Colby Avenue, Suite 1110 Everett, WA 98201-3566 Original Amount: $40,000.00 Amendment #1 Change Amount: $40,000.00 Previous Amendment(s) Total Amounts: $0.00 New Total (through Amendment #1): $80,000.00 Term of Duration extended/reduced by this Amendment: N/A New Completion Date (if applicable): N/A Reason for Contract Amendment: This amendment reflects the utilization of the consultant to date, primarily for development review, and authorizes additional funds for continued consulting support for our staff and utility system. Currently, consultant expenditures tasked through this contract are $19,342 – all for development review.

Description of Work included in Amendment: Staff has identified an on-call task for development of a Telemetry Master Plan for the water system with a cost of approximately $31,000 and requires this amendment to complete that task and continue support through 2020.

All other terms of the contract remain the same. The City of Duvall hereby accepts the above-described Amendment to the Agreement and authorizes the performance of the changes specified. This instrument constitutes an Amendment to the Contract Agreement only when the authorizing signatures are affixed.

City of Duvall Consultant Recommended by: ______Steven Leniszewski, P.E. Authorized Representative Date Director of Public Works (Printed Name, Title)

Approved as to form: ______City Attorney

Finance Authorization: ______Dana Mason, Finance Director

Authorized by: ______Amy Ockerlander, Mayor Date

NOTE: Depending upon the type of the contract and the amount of the total amended contract, the Mayor and the Council may need signature lines on this. Agenda Bill AB# 20-11a Duvall City Council Meeting Date: 2/4/2020

Subject Service Contract for the Transportation and Land Application of Biosolids

Document Type Contract

Department Waste Water Treatment Plant

Contact Shaun Tozer

Attorney Review Complete

Planning Commission Recommendation N/A

Handling Expedite Deadline Date 2/4/2020

Needed from Council Action

Recommendation Consistent with Duvall Municipal Code 3.12 staff has solicited bids for and received bids for the contract mentioned above. Staff recommends the Council authorize the Mayor to execute the contract with the identified lowest responsible bidder AND sign an agreement with King County for bio-solids handling.

Staff requests Council suspend Council Procedures in Section 5.6 requiring additional review and finalize this item at this meeting.

Council Review History • 1/21/2020 COW; a brief overview was provided by the Public Works Director during his 2019 annual report

Attachments • Project bid evaluation and contractor information • Boulder Park Bid • City contract (terms being negotiated) • 2020 DRAFT King County biosolids contract (tri-party agreement)

Routing Director: Steven Leniszewski, PE Approved: SJL 1/24/2020

Administrator: Carey Hert Approved: CLH 1/24/2020

Budget Impacts Budget Amendment Required

Expenditure

Fund Name & # Biennial Budget 2019 Budget Actual Adjustment 402.27.535.60.41.00 Bio Solids +$52,000 Handling $ 78,000.00 $ 46,353.02 $130,000

Contract Term Estimate

Total 3-Year Year 1 Year 2 Contract Recommended Contract, estimated costs thru initial 3-year term $ 84,175.00 $ 86,700.25 $ 261,476.51 Revenue

Fund Name & # Current Year 2nd Year Future Impact N/A $ N/A $ N/A $ N/A Notes

Staff has provided information (italicized) that shows the current biennial budgeted amount, and the 2019 total expenditures. Costs for this contract for the first year, second year, and its initial three-year term are also provided. Actual totals will vary based on the amount of biosolids produced by the waste water treatment plant and hauled by the contractor.

Verified by Finance: DM 1/29/2020

Key Facts and Information Summary

An existing contract for this service, awarded in 2012, expired earlier in 2019 and necessitated an advertisement and solicitation of bids. The City advertised for bids to find a vendor with the qualifications, experience and permits necessary to receive, transport, and perform beneficial land applications of the City generated biosolids in accordance with WAC 173-308-310. The contractor must provide the appropriate equipment, labor, testing, indemnification, and any and all other items necessary to complete the described work.

While processing amounts can vary day to day; the City generates approximately 25 wet tons of material per week and requires weekly hauling and disposal of said material. This contract allows an initial term of three years, with two additional two-year renewal periods (7 years total) available. 25 tons over 52 weeks of the year is 1,300 tons; over the term of the contract it would amount to an estimated 9,100 tons. [Previous contract rate was $54.45 / ton and the presented, low bidder is $64.75 / ton]

The project was advertised on January 9th 2020 with bids due on January 23rd 2020. Staff is presenting the results of the bids received and recommending the award of the contract to the lowest responsible bidder. There are no viable alternatives that the City should consider at this time. Other methods of disposal of biosolids typically includes:

• Obtain a semi-truck and trailer to haul to County disposal site which still has disposal fees along with truck ownership / replacement costs, salaries and time lost on site. (still has tonnage costs + travel + equipment + staff) • Obtain a dryer system to allow direct application of biproduct (high power costs, smell, space constraints, still haul away material just a lot less) and not viable for a city of our size. Initial Term (3 years) Price per Assume 3% CPI increase Ton 0-1 1-2 2-3 each year after year 1 Initial Contract Term Boulder Park - Recommended $ 64.75 $ 64.75 $ 66.69 $ 68.69 Value Estimated Amounts at 25 tons per 1,300 $ 84,175.00 $ 86,700.25 $ 89,301.26 $ 260,176.51 week, 52 weeks of the year

Tenelco - Not Recommended $ 72.50 $ 72.50 $ 74.68 $ 76.92 Estimated Amounts at 25 tons per 1,300 $ 94,250.00 $ 97,077.50 $ 99,989.83 $ 291,317.33 week, 52 weeks of the year

Service Contract for the Transportation and Land Application of Biosolids Contract #2020-XX

I. Parties The Parties to this Contract are the City of Duvall, a Washington State municipal corporation (City), and XXXXX (Contractor). The Contractor operates a Beneficial Use Facility (BUF) in accordance with the provisions of WAC 173-308-310, and has been designated as a Beneficial Use Facility through the permitting process and has the ability to perform land application of biosolids in a lawful manner at appropriate sites.

II. Biosolids Production and Use The parties acknowledge and agree that (a) the City produces sewage sludge in the form of biosolids as a by-product of its domestic sanitary sewage treatment processes; and (b) the City desires that its biosolids be used beneficially as defined by WAC 173-308-310, in a manner of application to the land for the purpose of improving soil characteristics including tilth, fertility, and stability to enhance the growth of vegetation consistent with protecting human health and the environment.

III. Scope of Services In consideration of the mutual promises and covenants in this Contract and on the terms and conditions of this Contract, the Contractor agrees to receive, transport, and perform beneficial land applications of the City's biosolids.

The Contractor will manage and operate the entire biosolids land application program for the City upon taking receipt at the City's site. All management and operation activities will be coordinated through the following person:

Name Title Company Address Address Phone email

With respect to any biosolids tendered by the City to the Contractor, the Contractor shall:

A. Provide a trailer(s) to the City, not exceeding 35’ in length and with an approximate capacity of thirty (30) tons, up to five (5) times each week for the transport of biosolids to the Contractor’s BUF or other permitted locations for beneficial use through land application of the biosolids which may include use thereof on agricultural lands as a nutrient-based soil amendment or compost ingredient;

B. Develop and submit to the City a Hauling Plan, that is reviewed and considered as part of the Contract award and approval process, detailing how material will be transported and the location(s) where the material will be transported to and applied;

C. Develop and submit to the City an Emergency Spill Response Plan;

D. Provide and furnish at the Contractors cost and expense, all materials, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to provide the beneficial use services in strict conformance with the conditions and prices stated in this Contract;

E. Collect and test all necessary soil samples on application sites;

F. Provide information to complete all required biosolids reports, annual or otherwise, related to land application as required by any governing agency, including, but not limited to, the State of Washington Department of Ecology and the United States Environmental Protection Agency;

G. Obtain and maintain in good standing all applicable and necessary permits, licenses, and approvals of any federal, state, and local government including a permit to operate a BUF from the Washington State Department of Ecology;

H. Promptly provide copies of the above data, tests and reports to the City to document compliance;

I. Promptly provide all costs for mobilization, demobilization, transportation, and application. This will include all cost associated to fuel, labor, repairs, maintenance, permit fees, insurance and other associated costs; and

J. Accept the risks and resulting liabilities of managing conforming biosolids from receipt at the City site to disposition at the application sites. For purposes of this Contract, “conforming biosolids” shall mean that the City's biosolids shall meet federal, state and local standards that govern Class B biosolids.

The risks assumed by the Contractor potentially include, but are not limited to the following;

1. Transportation accidents 2. Transportation spills 3. Contamination of ground water 4. Contamination of surface water 5. Contamination of air 6. Odor issues at the site and how to mitigate them for surrounding neighbors

7. Human health impacts 8. Impacts to soil 9. Impacts to crops, vegetation, or livestock 10. Impacts to future uses of the sites to which biosolids have been applied

IV. Tender of Biosolids The City will regularly tender all of its biosolids to the Contractor. With respect to any biosolids tendered by the City to the Contractor the City shall:

A. Dewater the biosolids and properly and evenly load the biosolids into transport trailers provided and properly positioned for loading by the Contractor. The City will not move the Contractor’s trailer within the bay. Trailer drop-off and pick-up must occur within the regular working hours of plant personnel. The City shall use its best efforts to load the biosolid transport trailer to its maximum capacity;

B. Ensure that the tendered biosolids conform to federal, state, and local standards that govern Class B biosolids, as they currently exist or are hereafter amended; and

C. Test the tendered biosolids in accordance with testing procedures that are required by any applicable federal, state, and local law and regulations and provide the Contractor all information required by law or that otherwise is necessary for the Contractor to use and manage application of the biosolids in a safe, consistent, and reliable manner. Such information may include test results that show on a dry weight basis, the level of trace metals and pathogens for which testing is required, the percentage of solids by weight, and nitrogen content as expressed in terms of total Kjeldahl nitrogen (TKN), ammonium or ammonia and nitrates and nitrites, and a certification that the biosolids meet at a minimum Class B standard and vector attraction reduction standard as set forth by the Washington Department of Ecology and USEPA.

V. Warranties The Contractor warrants and represents that it has sufficient facilities, equipment, and personnel who are sufficiently trained, skilled, knowledgeable, and experienced, to perform all functions that are reasonably necessary to lawfully and effectively transport biosolids, operate a beneficial use facility and apply biosolids in a beneficial manner. The Contractor warrants that its equipment and facilities are and will be maintained in a safe condition and that they are and will be fit for the particular purposes for which they are used or operated. Contractor shall bear the exclusive risk of loss and/or damage to any such equipment. The Contractor warrants that its personnel will work in a prudent and workman-like manner. In addition, the Contractor warrants that it has a permit to operate a Beneficial Use Facility from the Washington State Department of Ecology in accordance with WAC 173-308-310 and that it shall maintain the permit in good standing.

VI. Initial Term and Renewal Term The initial term of this Contract shall commence on the date when both parties have executed this Contract and shall expire on the third (3rd) anniversary of the effective date (Initial Term). After the Initial Term, this Contract shall automatically renew for consecutive two (2) year periods (each a Renewal Term), unless terminated under Section XVIII.

VII. Compensation for Services The City shall pay The Contractor based on acceptable work performed at a rate of XX Dollars and XX cents ($XX.XX) (per scale ton rate, based on the City’s certified scale weight tickets) for each scale ton of biosolids tendered by the City to the Contractor that the Contractor receives, transports, and beneficially applies pursuant to the provisions of this Contract. This payment shall compensate Contractor for all costs associated with the Contract, including, but not limited to labor, materials, overhead, administrative, and permit and regulatory costs, unless otherwise agreed to by the parties in writing.

VIII. Adjustment of Compensation After the initial contract year and on an annual basis thereafter, the price of services will be adjusted based on the previous June to June CPI for Western Washington. All price adjustments shall occur only in whole cents. Specifically, any adjustment shall be rounded down to the nearest whole cent.

IX. Billing The Contractor shall provide to the City a monthly invoice or billing statement that details the services that it has provided hereunder including the total amount of the City's biosolids transported by the Contractor during the billing period, relevant load weight documentation, and any other information that the City may reasonably require.

X. Payment The City shall pay to the Contractor the above-identified compensation within thirty (30) days after the Contractor provides an invoice for such services to the City. Any payment not made when due shall accrue interest at the rate of one percent (1%) per month or the highest rate permitted by applicable law, whichever is less. All amounts payable under this Contract are denominated in United States dollars and the City shall pay all amounts payable under this Contract in lawful money of the United States. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced.

XI. Taxes Each party shall be responsible for the payment of all taxes of whatever nature and source; to the extent that each party is responsible for the payment of any such taxes pursuant to law.

XII. Notices All notices required under this Contract shall be personally delivered or mailed by certified or registered mail, postage prepaid to the following address or to such other address as either party shall specify in a written notice so given:

Contractor: City: Name City of Duvall Title Waste Water Operations Address Mike Marty, Manager Address PO Box 1300 Phone Duvall, WA 98019 email 425-788-0257 [email protected]

XIII. Safety The Contractor shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA) or the Industrial Commission of the State of Washington, whichever is most restrictive. The City assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA.

XIV. Regulations, Orders and Conditions The Contractor shall comply with all applicable state, federal, or local laws, regulations, rules, or any other sources of authority, including but not limited to, court orders, administrative rulings, the regulations in WAC 173-308 and 40 CFR Part 503, and the conditions of any applicable beneficial use permit.

XV. Insurance Throughout the term of this Contract, The Contractor shall obtain and maintain sufficient levels of liability insurance for bodily injury, death and property damage, and any other insurance that is reasonably necessary to effectuate the purpose of this Contract when required by the City. Such liability coverage shall extend to or cover the City as an additional insured.

A. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:

1. Automobile Liability Insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form that provides equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

2. Commercial General Liability Insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability Insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an insured under the Contractor’s Commercial General Liability insurance policy using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured Completed Operations Endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage.

B. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:

1. Automobile Liability Insurance with a minimum combined single limit for bodily injury and property damage of $300,000 per accident.

2. Commercial General Liability Insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit.

C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance:

1. The Contractor insurance coverage shall be primary insurance as respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor insurance and shall not contribute with it.

2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after delivery of thirty (30) days prior written notice by certified mail return receipt requested to the City.

XVI. Force Majeure Neither party shall be liable to the other for or be considered to be in breach of or default under this Contract because of any delay or failure in performance by such party under this Contract to the extent such delay or failure is due to any cause or condition beyond such party's reasonable control, including, but not limited to failure or threat of failure of facilities or equipment; fire, lightning, flood, earthquake, volcanic activity, wind, drought, storm and other acts of the elements; court order and act, or failure to act, of civil, military, or governmental authority; strike, lockout, and other labor dispute; epidemic, riot, insurrection, sabotage, war and other civil disturbance or disobedience; labor or material shortage; and act or omission of any person or entity (other than such

party, its contractors or suppliers of any tier or anyone acting on behalf of such party). Each party shall exercise reasonable diligence to overcome the cause of such delay; provided, however, that to the extent the cause of such delay arises from any breach of, or failure by the other party to perform any of its obligations under this agreement, the costs and expenses incurred by the party that has delayed or failed in its performance under this Contract to overcome the cause of such delay shall be for the account of such other party. Nothing contained in this Contract shall be construed to require either party to prevent or settle any strike, lockout or other labor dispute in which it may be involved. Notwithstanding the foregoing, nothing in this paragraph shall apply to any delay or failure by either party to pay any amounts due and owing to the other party pursuant to this agreement.

XVII. Material Change in Circumstances If a material change in circumstances occurs, such as, but not limited to a change in operating costs, applicable law, licensing or permitting requirements, or a change that results from decisions of tribunals, either judicial or administrative, and such change materially impacts the costs of transportation, storage, land application or other aspects of the beneficial use of the City's biosolids, then the parties may renegotiate the affected provisions in this Contract. The parties shall negotiate in good faith; however any modifications of this Contract shall occur only by mutual agreement of both parties.

XVIII. Termination A. Termination without cause. Both parties reserve the right to terminate or suspend this Contract at any time, with or without cause, upon sixty (60) days prior written notice. In the event this Contract is terminated or suspended, the Contractor shall be entitled to payment for all services performed to the date of termination.

Either party may terminate this Contract without cause after the expiration of the Initial Term by giving the other party not less than ninety (90) days prior written notice of termination, provided, however, that no termination under this section shall relieve either party from any of its obligations or liabilities incurred prior to such termination.

B. Termination for Breach or Default. If either party commits a material breach of or default under this Contract, then the non-breaching party may give the breaching party written notice of the breach or default (including a statement of the facts relating to the breach or default and the provisions of this Contract that are applicable to such breach or default). If the Breaching Party fails to cure the specified breach or default within thirty (30) days after receipt of such notice (or such later date as may be specified in such notice), then the Non-Breaching Party may elect to immediately terminate this agreement. If the City or the Contractor purports to terminate or cancel all or any part of this Contract for the other party's breach or default when the other party is not in breach or default that would permit such termination or cancellation, such termination or cancellation shall be deemed to have been a Termination Without Cause by the City or the Contractor as the case may be and the rights of the parties shall be determined accordingly.

XIX. Indemnification The Contractor will defend, protect, indemnify and hold harmless the City its officers, directors, agents, employees and invitees from and against any and all liability, claims, demands, losses and expenses of every kind and description including, without limitation, attorney's fees, caused by arising out of, resulting from, or in any way incidental to the performance of this Contract, provided that any such liability, claim, demand, damage, loss or expense is attributable to or caused in whole or in part by any wrongful intentional act or by the negligent act or omission of the Contractor, anyone directly or indirectly employed by or otherwise associated with the Contractor or is caused in whole or in part by the Contractor failure to perform its obligations under this Contract. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents, and employees. To the extent that any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents, or employees, this obligation to indemnify, defend, and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents, and employees.

Likewise, to the extent possible allowed by law and without waiving any defenses on protection under the Governmental Immunity Act, the City will defend, protect, indemnify and hold harmless the Contractor its officers, directors, agents, employees and invitees from and against any and all liability, claims, demands, losses and expenses of every kind and description including, without limitation, attorney's fees, caused by arising out of, resulting from, or in any way incidental to the performance of this Contract, provided that any such liability, claim, demand, damage, loss or expense is attributable to or caused in whole or in part by any wrongful intentional act or by the negligent act or omission of the City, anyone directly or indirectly employed by or otherwise associated with the City or is caused in whole or in part by the City's failure to perform its obligations under this Contract. This paragraph shall not apply to any damage resulting from the sole negligence of the Contractor, its agents, and employees. To the extent that any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the Contractor, its agents, or employees, this obligation to indemnify, defend, and hold harmless is valid and enforceable only to the extent of the negligence of the City, its officers, agents, and employees.

It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract.

XX. Prevailing Wages The Contractor shall pay prevailing wages as required and shall comply with RCW 39.12 and RCW 49.28. Notice of intent to pay prevailing wages and prevailing wage rates must be posted for the benefit of workers.

XXI. Job Safety and Housekeeping

All work done shall be done in a manner that minimizes interruptions or inconvenience to the public, Contractor’s employees and/or City staff. Contractor will be responsible for daily and final clean up and disposal of refuse, waste and debris produced by its operation. Should the City determine Contractor is not fulfilling its obligation in this regard, the City reserves the right to take such action as may be necessary, and to charge Contractor with any costs that may be incurred in such remedial action.

XXII. Governing Law The obligations of each party under this Contract shall in all respects, including all matters of construction, validity and performance, be governed by and construed in accordance with the laws of the State of Washington, without reference to any rules governing conflict of laws, except to the extent such laws may be preempted by the laws of the United States of America.

XXIII. Venue The venue for any action that arises from or out of this Contract shall be the King County Superior Court.

XXIV. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the other provisions hereof, and this Contract shall be construed in all respects as if such invalid or unenforceable provisions were omitted, unless such invalidity or unenforceability destroys the purpose and intent of this agreement.

XXV. Independent Contractor, No Partnership As between the Contractor and the City, the Contractor shall maintain full and complete control and responsibility for its services and the performance thereof; provided, however, the services contemplated herein shall be subject to the City's general rights of direction and must be approved in advance by the City. Notwithstanding the foregoing, the Contractor acknowledges and agrees that it is dealing with the City as an independent contractor. Nothing contained in this Contract shall be interpreted as constituting either party as the joint venturer, agent, employee, franchisee or partner of the other party or as conferring upon either party the power of authority to bind the other party in any transaction with third parties. Employees or contractors of the Contractor are not employees of the City and such employees are not entitled to any of the benefits the City provides to its employees. The Contractor shall be solely and entirely responsible for the acts of its employees during the performance of this Contract and shall provide at its sole expense all materials, equipment and facilities, and other necessities to perform its duties under this agreement, unless otherwise specified in writing. All rights and obligations of the parties under this Contract are intended to be several, not joint or, collective, and neither party shall be jointly or severally liable for the acts, omissions or obligations under this Contract of the other party.

XXVI. Subcontracting The Contractor may not subcontract, assign, or delegate performance of its services hereunder to any entity, including any subsidiary companies, without further written authorization from the City which shall not be unreasonably withheld. Any such delegation, assignment or subcontracting shall not relieve the Contractor of its obligation to perform in accordance with the provisions of this agreement.

XXVII. Non-Waiver A party's failure to strictly enforce its rights under any provision of this Contract shall not be construed to be a waiver of that provision. No waiver of any breach of this Contract shall be held to be a waiver of any other breach.

XXVIII. No Third-Party Beneficiary This Contract is entered into solely for the benefit of the parties hereto. This Contract shall confer no benefits, direct or indirect, on any third persons, including employees of the parties. No person or entity other than the parties themselves may rely upon or enforce any provision of this Contract.

XXIX. Assignment Neither party shall voluntarily assign or otherwise transfer any of its rights, interests or obligations in, to or under this Contract without the prior written consent of the other party.

XXX. Cumulative Rights The rights and remedies of each party set forth in any provision of this Contract are in addition to and to not in any way limit any other rights or remedies afforded to such party by law.

XXXI. Survival The obligations of the parties under the provisions of this Contract that may reasonably be interpreted or construed as surviving the completion, termination or cancellation of this Contract shall survive the completion, termination or cancellation of this agreement.

XXXII. Attorney’s Fees In the event that any party commences litigation against the other party relating to the performance, enforcement or breach of this Contract, the prevailing party in such action shall be entitled to all costs, including attorneys' fees and costs and any such fees or costs incurred on appeal.

XXXIII. Non-Discrimination The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor under this Contract on the basis of race, color, religion, creed, sex, age, national origin, marital status, or presence of any sensory, mental, or physical handicap.

XXXIV. Entire Contract, Amendment This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the parties with respect to such subject matter. No amendment or modification of any provision of this Contract shall be valid unless set forth in a written amendment to this Contract. This Contract may be amended only with the express written consent of both of the parties and no provision of this Contract shall be varied or contradicted by any oral agreement, course of dealing or performance or any other matter not set forth hereafter in a written agreement signed by both of the parties.

XXXV. Counterparts This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument.

CITY OF DUVALL, WASHINGTON Contractor:

By: ______By: ______

Amy Ockerlander, Mayor Title: ______

Attest/Authenticated:

______City Clerk

Approved As To Form:

______City Attorney

BIOSOLIDS BENEFICIAL USE SERVICES FOR THE CITY OF DUVALL PUBLIC WORKS AT THE BOULDER PARK PROJECT 2020 DRAFT

CONTRACT No. 20-0001 TABLE OF CONTENTS

DEFINITION OF WORDS AND TERMS

SECTION 1 PURPOSE ...... 3 SECTION 2 BPI’S RESPONSIBILITIES ...... 4 SECTION 3 KING COUNTY’S REPSONSIBILITIES ...... 5 SECTION 4 JOINT BPI/KC’S RESPONSIBILITIES ...... 5 SECTION 5 CITY’S RESPONSIBILITIES ...... 6 SECTION 6 TERMS OF CONTRACT ...... 6 SECTION 7 BASIS OF PAYMENT ...... 7 SECTION 8 PRICE ADJUSTEMENTS ...... 8 SECTION 9 ADDITIONAL WORK ...... 8 SECTION 10 LIABILITY OF BPI AND KC ...... 8 SECTION 11 TRANSFER OF OWNERSHIP ...... 9 SECTION 12 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND BEST MANAGEMENT PRACTICES ...... 9 SECTION 13 BIOSOLIDS QUANTITIES AND CHARACTERISTICS ...... 10 SECTION 14 INSURANCE ...... 10 SECTION 15 COORDINATION WITH THE CITY’S TREATMENT PLANT ...... 12 SECTION 16 DAMAGES ...... 12 SECTION 17 TERMINATION OR CONTRACT SUSPENSION ...... 12 SECTION 18 RECORDS, REPORTS, AND MEETINGS ...... 12 SECTION 19 INDEMNIFICATION ...... 13 SECTION 20 DISPUTES UNDER THIS CONTRACT ...... 14 SECTION 21 SEVERABILITY ...... 14 SECTION 22 INDEPENDENT CONTRACTOR...... 14 SECTION 23 SUBCONTRACTORS ...... 14 SECTION 24 FORCE MAJEURE ...... 14 SECTION 25 NON-WAIVER ...... 15 SECTION 26 ASSIGNMENT ...... 15 SECTION 27 NOTICES ...... 15 SECTION 28 ENTIRE CONTRACT; AMENDMENT ...... 15

ATTACHMENTS: A: PROJECT ROLES & RESPONSIBILITIES B: EQUIPMENT LEASE RATE TABLE 2020 C: SPILL RESPONSE PLAN D: KING COUNTY LETTER OF SELF-INSURANCE

CONTRACT NO. 20-0001 1 DEFINITION OF WORDS AND TERMS

Words and terms shall be given their ordinary and usual meanings. Where used in the Contract documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms.

Beneficial Use Facility, or BUF: means a receiving-only facility consisting of a site or sites where biosolids from other treatment works treating domestic sewage are applied to the land for beneficial use, which has been permitted as a treatment works treating domestic sewage in accordance with the provisions of WAC 173-308-310, and that has been designated as a beneficial use facility through the permitting process.

Biosolids: the nutrient-rich product of the wastewater treatment process that meets requirements for beneficial use and used to improve soil fertility and enhance plant growth and crop yield. Biosolids are not considered a commercial fertilizer.

Boulder Park Inc., or BPI: designates the farmer-owned company with headquarters in Mansfield, Washington, that manages biosolids land application operations.

Boulder Park Project, or BPP: designates the name of the biosolids land application project in Douglas County in operation since 1992. This project is jointly operated and managed as a BUF by BPI and King County as outlined in Attachment A, Project Roles and Responsibilities from Contract #471783.

Contractor: The individual, association, partnership, firm, company, corporation, or combination thereof, including joint ventures, contracting with the City for the performance of services or Work under this Contract.

Party or Parties: City of Duvall Public Works Department (City), King County (KC), and Boulder Park Inc. (BPI).

Person: Includes individuals, associations, firms, companies, corporations, partnerships, and joint ventures.

Project: Same as Boulder Park Project (BPP).

Project Participants: General term to include the primary people who are involved with the Boulder Park Project (BPP). This would include the local farmers, local government agencies, local residents, Washington State Department of Ecology (Ecology), other public agencies, Washington State University extension service, etc.

Shall or Will: Whenever used to stipulate anything, Shall or Will means mandatory by either BPI, KC or the City, as applicable, and means that BPI, KC, or the City, as applicable, has thereby entered into a covenant with the other Party or Parties to do or perform the same.

Soil Amendment Value: A monetary value that the farmer agrees to pay BPI for the nutrient, organic matter and other benefits of biosolids to the soil and crop.

Subcontractor: The individual, association, partnership, firm, company, corporation, or joint venture entering into an agreement with BPI and/or KC to perform any portion of the Work covered by this Contract.

Subsection: For reference or citation purposes, Subsection shall refer to the paragraph, or paragraphs, called out by part, section and alphanumeric designator.

Work: Everything to be done and provided by BPI and KC for the fulfillment of the Contract.

CONTRACT NO. 20-0001 2 This Contract is made and entered into effective as of the XX day of January, 2020 by and between the City of Duvall Public Works Department, a code city, (hereinafter referred to as the “City”), Boulder Park Inc., a Washington corporation (hereinafter referred to as “BPI”), and King County, a home rule charter county of the State of Washington (hereinafter referred to as “KC”). The City, BPI and KC may also be collectively referred to as the “Parties” and individually as a “Party.”

RECITALS

WHEREAS, the City produces biosolids as a by-product of its wastewater treatment process and desires to manage and beneficially use such biosolids; and

WHEREAS, the Boulder Park Project (BPP), located in Douglas County, Washington, is a Beneficial Use Facility (BUF) that has been permitted by the Washington State Department of Ecology (Ecology) for the application of biosolids; and

WHEREAS, BPI and KC have entered into a contract to jointly manage and operate the BPP in accordance with all applicable local, state and federal laws, regulations and best management practices regarding applying dewatered biosolids as a soil amendment to lands; and

WHEREAS, the City desires to enter into this Contract with BPI and KC for (a) land application of the City's biosolids at the BPP, and (b) for the use of KC's equipment to apply the City 's biosolids in accordance with all applicable federal, state and local regulations and with BPP requirements; and

WHEREAS, it is in the best interests of the environment, the City, and the public health, safety, and welfare of the citizens served by City that this Contract be entered into; and

WHEREAS, all Parties agree to support and work towards excellence in biosolids management practices and provide meaningful opportunities for public participation.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and for other good and valuable consideration, it is hereby agreed as follows:

SECTION 1 PURPOSE

1.1 The purpose of this Contract is (a) to allow the City to purchase BPI's services which shall include all work necessary for the utilization of the City's biosolids at the BPP and (b) to allow the City to a use fee for KC's biosolids application equipment for BPI to use in land application of the City's biosolids.

1.2 The further purpose of this Contract is to provide the City with a biosolids management and utilization option to complement the City’s other biosolids management contracts. The City has the sole right to allocate the biosolids deliveries among its biosolids contractors.

1.3 The City may provide the BPP with Class B biosolids during the months of January through December to ensure year-round responsiveness to any unplanned conditions.

1.4 The City will provide BPI with an estimated schedule of deliveries. The City in its sole discretion, may adjust its estimated schedule of deliveries upon reasonable notice to BPI. Such schedule shall include estimated quantities and estimated timing of deliveries consistent with the operating plan and distribution needs.

1.5 During the term of the Contract, BPI agrees to accept up to one hundred (100) percent of the City’s Class B biosolids that have a total solids content of no less than ten (10) percent. Biosolids having a total solids content of less than 10 percent may be accepted at BPI’s sole discretion, and may be subject to additional charges for any additional work per Section 9 to be agreed upon by the City.

CONTRACT NO. 20-0001 3 1.6 All Class B biosolids provided to the BPP by the City shall meet Table 1 – Ceiling Concentration Limits and Table 3 – Pollutant Concentration Limits contained in WAC 173-308-160 (Biosolids pollutant limits); the pathogen reduction requirements of WAC 173-308-170; and, the vector attraction reduction requirements of WAC 173-308-180. The City shall immediately notify BPI and KC if the City’s biosolids do not meet any of the requirements described above.

A. The City shall provide analytical results demonstrating biosolids quality and nutrient content appropriate for land application at the BPP. Biosolids analysis data and documentation shall include at a minimum the following parameters:

• Part 503 Metals (arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, zinc). Refer to WAC 173-308-140 and WAC 173-308-160. • Fecal Coliform. Refer to WAC 173-308-140 and WAC 173-308-170. • Vector Attraction Reduction. Refer to WAC 173-308-140 and WAC 173-308-180. • Nutrients (total Kjeldahl nitrogen, ammonia-nitrogen, phosphorus, potassium, sulfur). • Percent-total solids.

B. Biosolids that do not meet vector attraction reduction requirements, and/or that do not have sufficient documentation, will be incorporated into the soil within six hours after being applied to the land to meet the requirements of WAC 173-308-210(4)(b). The six hour tillage work shall be subject to additional charges per Section 9.2 of this contract.

1.7 Any material that fails to meet all requirements of WAC 173-308 for Class A or Class B biosolids classification cannot be accepted at the BPP for beneficial use and must be properly managed as solid waste.

SECTION 2 BPI’S RESPONSIBILITIES

2.1 BPI shall be solely responsible for biosolids management as defined below, including transport and reuse after acceptance of biosolids from the City. Biosolids loaded into BPI’s method of transport shall be considered to be accepted by BPI when the method of transport departs the City site. These biosolids management responsibilities shall include, but are not limited to, the following:

A. Transportation of biosolids loaded into BPI-furnished equipment at the City’s site, to the location of ultimate disposition. All loads will be covered during transport;

B. Ultimate disposition of biosolids including management, application, monitoring, permitting, record keeping, and reporting;

C. Compliance with all local, state and federal laws and regulations applicable to said operations including best management practices;

D. Payment of employees, subcontractors, lenders and suppliers associated with BPI’s management and beneficial use of biosolids, and all related taxes, fees, charges and all other costs; and

E. Maintenance and operation of all KC-owned equipment per the contractual agreement between KC and BPI (see Attachment A, Project Roles & Responsibilities from Contract #471783);

2.2 BPI warrants and represents that it has the business, professional, and technical expertise necessary to manage, handle and utilize the City’s biosolids in a safe, prudent, workman-like, and legal manner. Furthermore, BPI warrants and represents that it has the equipment and employee resources required to perform this Contract, and that such equipment shall at all times, relevant to the performance of services hereunder, be maintained in a good and safe condition and fit for the use as required.

2.3 BPI shall keep all equipment and any application sites clean and orderly. No unsightly debris, broken down equipment, trash, garbage or deleterious materials not necessary for the operation

CONTRACT NO. 20-0001 4 shall be allowed to accumulate. BPI shall cooperate fully with the City to maintain the highest reasonable image for such services. The City shall have no responsibility for the selection or use of an application site by BPI and assumes no responsibility or liability for the adequacy or legality of such site for the beneficial use of biosolids.

2.4 BPI is solely responsible for assuring that all transportation activities required under this Contract are performed by BPI or BPI’s subcontractor in compliance with any applicable federal, state or local environmental or public health laws, codes or regulations. BPI is solely responsible for obtaining and maintaining all permits and registrations necessary for the transportation of the City’s biosolids. The City and BPI agree KC shall have no responsibility for any transportation or hauling activities related to the City’s biosolids.

2.5 BPI shall also be responsible for maintaining necessary security at application sites to protect public health and safety, and to avoid unauthorized uses of biosolids material. BPI shall not cause a nuisance, as defined in RCW 7.48.120, at any application site. It is BPI’s responsibility to adequately inform its personnel or any subcontractors that biosolids are a product of the wastewater treatment process derived from sewage treatment and that workers may be exposed to pathogens. The workers shall be advised on proper hygienic precautions when handling of biosolids.

SECTION 3 KING COUNTY’S RESPONSIBILITIES

KC shall be responsible for the following:

1. Provide access and use by BPI to project-specific KC-owned equipment, so BPI may use such equipment to apply the City’s biosolids as part of the BPP. It shall be known per this Contract that KC shall have first-right of usage as it relates to KC-owned equipment;

2. Replace and/or refurbish KC-owned equipment per an equipment replacement schedule, which is part of the Equipment Lease Rate Table provided as Attachment B and is incorporated by reference as if fully stated herein;

3. Regularly communicate with BPI regarding daily project activities and perform routine site inspections;

4. Calculate application rates based on the City’s current biosolids quality data (these calculations are reviewed by Washington State University research scientists and sent to Ecology for approval);

5. Maintain and update the Biosolids Beneficial Use Services Contract and associated costs and price adjustments in accordance with Sections 7 and 8 of this contract;

6. Maintain and update the BPP Site-Specific Land Application Plan, and promptly provide any revisions to the City when periodic changes are made; and

7. Secure and maintain all necessary state and local permits and/or approvals for biosolids to be applied at the BPP, and comply with all applicable federal, state and local regulations.

SECTION 4 JOINT BPI/KC’s RESPONSIBILITIES

4.1 BPI and KC shall be responsible for obtaining and maintaining all permits and registrations necessary for the management of biosolids land application. Costs for required permits and registrations shall be included in the unit price for biosolids management. Upon request, BPI and KC shall provide the City with current copies of all permit applications, permits, registrations, records, and reports required by local, state and federal laws and regulations throughout the life of the Contract. Costs for documentation shall be included in the unit price for biosolids management. The City’s review of such materials is for its

CONTRACT NO. 20-0001 5 information only, implies no approval of BPI’s or KC’s compliance with applicable requirements, and in no way relieves BPI or KC of its obligations under this Contract.

4.2 BPI and KC shall be responsible for any public involvement or public information efforts associated with biosolids management outside of the City’s service area. The City may, at its discretion, handle public involvement or information for a particular situation solely, or in conjunction with BPI or KC. BPI and KC shall record and respond to all complaints within a reasonable time. Written copies of the complaints and the response shall be provided to the City with the monthly invoice. The City shall assist BPI and KC in similar efforts within the City’s service area as may be necessary for developing a public involvement program to implement and maintain its biosolids management program.

SECTION 5 CITY’S RESPONSIBILITIES

City shall:

1. Provide timely communication of any significant variation in biosolids quantities to be delivered;

2. Scale and record wet tons of biosolids loaded into the contractor’s biosolids hauling equipment at the City site to document the tonnage of biosolids being hauled in accordance with state and federal trucking regulations and to delivered tonnage at location of ultimate disposition. Tonnage should be weighed and recorded at a certified scale;

3. Provide documentation on a per load basis to BPI for reconciliation purposes that includes at a minimum the delivery date, driver name, delivery site ID or location description, and tonnage delivered. This information will be reconciled on a monthly basis to ensure accuracy and agreement by all Parties;

4. Secure and maintain all necessary state and local permits and comply with all applicable federal, state and local regulations;

5. Provide and or approve the contractor’s Spill Response Plan (Attachment C). Ensure the contracted hauler has a current copy of the Spill Response Plan in trucks hauling the City’s biosolids at all times and before leaving the City’s facility, and that the haul contractor’s drivers know who to call in case of a spill, accident, or emergency;

6. Test its biosolids in accordance with applicable law; thoroughly review the reported analytical data for accuracy and completeness; provide BPI and KC the biosolids quality data necessary for BPI and KC to use or otherwise manage the biosolids; and, immediately notify BPI and KC if the City’s biosolids do not meet any of the requirements in section 1.6;

7. Pay BPI and KC the agreed upon service and lease fees as provided in monthly reconciled invoices; and

8. Not operate or maintain KC-owned equipment.

SECTION 6 TERMS OF CONTRACT

6.1 The term of this Contract is from the effective date specified above through January 31, 2023. Any extension of the term of this Contract shall be in writing, mutually agreeable by BPI, KC and the City.

6.2 BPI’s and KC’s obligations and responsibilities shall commence upon delivery of a Notice to Proceed by City. Prior to issuance of the Notice to Proceed, it will be the responsibility of BPI to furnish the appropriate insurance documents (Section 14) to the City.

CONTRACT NO. 20-0001 6 SECTION 7 BASIS FOR PAYMENT

7.1 BPI shall be paid based on wet weight for biosolids loaded in trucks and/or trailers provided by BPI for the purpose of transporting biosolids from the City’s treatment plant to BPI’s designated application sites.

A. Wet weight shall be determined using a certified scale mutually acceptable to BPI and the City. BPI shall be responsible for identifying certified scales and proposing scales to the City for acceptance. BPI shall provide the City with the official certifications for all scales it proposes to the City for acceptance and shall be responsible for keeping said certifications current. BPI shall maintain tare weights of trucks and/or trailers and provide a list of tare weights for each shipment in writing to the City prior to use in transporting biosolids. All trucks and trailers shall be readily identified by a unique number. The truck and trailer number shall be recorded at the time of weighing on the trip ticket. The forms and procedures for trip tickets and billing shall be developed by BPI and approved by the City prior to hauling biosolids.

7.2 BPI shall submit monthly billings in an approved format that has been reconciled with the City’s records. Payment shall be made based on a cost per delivered wet ton of biosolids transported. Monthly billings received on or before the fifth day of that calendar month will be paid within thirty (30) days after receipt of an invoice. The City will pay BPI for authorized materials accepted and/or services, satisfactorily performed, including the leasing of KC equipment, at the rate of $64.75 (2020 dollars)($3.16 plus $0.24 Tax [at Mansfield rate of 7.7%] for King County equipment and project management fee, and $61.35 for BPI operations fee) per wet ton (BPI base unit price). Acceptance of such payment by BPI shall constitute full compensation for all tasks completed by BPI and KC, including but not limited to supervision, management, labor, supplies, materials, work equipment and the use thereof, and for all other necessary expenses incurred by BPI and KC in performing the services. Adjustments shall be made in billing for errors in measurement discovered within twelve (12) months of the error.

A. Biosolids that do not meet vector attraction reduction requirements will be incorporated to meet the requirements of WAC 173-308-210(4)(b). The six hour tillage work shall be subject to additional charges per Section 9.2 of this contract at the rate of $8.93 (2020 dollars) ($1.77 plus $0.13 Tax for King County equipment and project management, and $7.03 for BPI operations fee) per wet ton. Refer to Section 9.2 for further information regarding additional work.

7.3 BPI will submit a quarterly statement to KC that clearly shows the City’s tons applied, the site, and the month application occurred. After receipt and verification of the statement will submit an invoice to BPI for payment of the KC equipment lease fee. BPI shall pay the invoice and will remit payment to: Accounts Receivable King County Department of Finance 500 Fourth Avenue, Room 620 Seattle, WA 98104-2387

7.4 The BPI base unit price shall include everything necessary for the prosecution and completion of the Contract including but not limited to furnishing all materials, application equipment lease fee, tools, and all BPI and KC management, superintendence, labor and service, except as may be provided otherwise in the Contract, provided, Washington State sales tax is not included in the price.

7.5 The BPI base unit price shall remain firm throughout the term of the contract, except for changes allowed in Section 8. Rate changes may also be made at the time this Contract is extended providing BPI and KC supply adequate documentation of the change in its costs acceptable to the City. Requests for any such change are to be made in writing to the City. Any agreed-to change shall take effect at the time of the Contract extension and shall remain in effect throughout the extension period.

CONTRACT NO. 20-0001 7 7.6 BPI will pay the City $1.00 per wet ton for soil amendment value of biosolids delivered to the BPP. This payment amount is fixed for the term of the contract and not subject to price adjustments in Section 8.

SECTION 8 PRICE ADJUSTMENTS

8.1 Rate adjustments may be made for changes of law and regulatory requirements based on documented cost increases or decreases as mutually agreed to, in writing by all parties. The City has the right to terminate this Contract, pursuant to Section 17, for changes of law or regulatory requirements if the City feels such increases are excessive.

8.2 Annual Adjustments for the total application rate will be adjusted using 100% of the annual percent change to the "All Items" category of the Seattle-Tacoma-Bellevue Consumer Price Index for Urban Wage Earners and Clerical Worker for the previous calendar year in which there was a positive adjustment. In the event that the formula results in a negative, the adjustment shall be zero adjustment. Retroactive to each January 1 of each year, changes to the base rate will be calculated as follows:

Example: new application rate = previous rate X [current Annual CPI value / previous Annual CPI value for series ID: cwura423sa0]

SECTION 9 ADDITIONAL WORK

9.1 Additional work means the furnishing of materials or equipment and/or the doing of work or service not presently contemplated by the Contract. If the City requires additional work, it may direct BPI in writing to do the additional work at the BPI base unit price (as described in Section 7), or it may direct BPI to do the additional work at a mutually agreed upon lump sum or mutually agreed upon unit prices. Performance of additional work without the prior express written consent of the City shall be at BPI’s sole expense. Additional work will be authorized either with a purchase order number or according to the requirements in Subsection 8.2 and 9.2.

9.2 Agencies participating in the BPP are required to meet vector attraction reduction requirements per WAC 173-308-180. An alternative for meeting this requirement is through incorporation of biosolids within 6-hours of land application per WAC173-308-210(4)(b). If incorporation is required to meet the requirement, Boulder Park Inc. (BPI) will perform the tillage work as required. Refer to Section 7.2(A) of this contract for cost information. The 6 hour tillage price shall remain firm throughout the term of the contract, except for changes allowed in Section 8. Rate changes may also be made at the time this Contract is extended providing BPI and KC supply adequate documentation of the change in its costs acceptable to the City. Requests for any such change are to be made in writing to the City. Any agreed-to change shall take effect at the time of the Contract extension and shall remain in effect throughout the extension period.

9.3 Change orders for material or services will be without effect unless issued and authorized in writing by the City.

SECTION 10 LIABILITY OF BPI AND KC

10.1 BPI and KC accept the risks and resulting liabilities of managing conforming biosolids when biosolids arrive at the BPP designated application sites. For the purposes of this agreement, conforming biosolids shall mean that all the City’s biosolids shall meet Ecology standards for regulated parameters as specified in Subsection 12.6. These risks potentially include, but are not limited to, the following:

• Contamination of groundwater

• Contamination of surface water

• Contamination of air

• Odor issues at the site and how to mitigate them for surrounding neighbors

CONTRACT NO. 20-0001 8

• Human health impacts

• Impacts to soil

• Impacts to crops, vegetation or livestock

• Impacts to future uses of sites to which biosolids have been applied.

10.2 BPI shall be completely responsible for securing conforming biosolids loaded into the means of transport selected by BPI against spillage, leakage or public exposure, and for providing properly designed locations for the safe and secure unloading of biosolids at BPI’s designated application sites.

SECTION 11 TRANSFER OF MANAGEMENT RESPONSIBILITIES

All biosolids accepted by BPI shall become BPI’s responsibility to manage under the terms of this contract. Acceptance of biosolids is considered to occur when the biosolids are delivered to the Boulder Park Project site. BPI shall accept all biosolids which are within the range of “Biosolids Quantities and Characteristics” as specified in Section 13 of the Contract. BPI is solely responsible for the handling and ultimate disposition of all biosolids loaded onto the BPI-provided transportation.

SECTION 12 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS AND BEST MANAGEMENT PRACTICES

12.1 BPI and KC agree to comply with all applicable local, state and federal laws and regulations at all times and obtain and maintain all required permits and registrations necessary for the management of biosolids land application by BPI and KC. Specific laws and regulations specifically applicable to biosolids management include but are not limited to the following:

• 40 CFR 503 Standards for the Use or Disposal of Sewage Sludge

• WAC 173-308 Biosolids Management

• WAC 173-200 Water Quality Standards for Groundwaters of the State of Washington

• WAC 173-201A Water Quality Standards for Surface Waters of the State of Washington

12.2 Biosolids are defined as municipal sewage sludge that is primarily organic, semisolid product recovered during the wastewater treatment process that can be beneficially utilized and meets all applicable requirements under Washington State Chapter 173-308 and conforms to all applicable federal rules adopted under the Federal Clean Water Act. Biosolids rules are enforced by Ecology. BPI and KC shall be responsible for contacting all agencies and jurisdictions necessary to obtain any permits necessary for its performance under this Contract. BPI and KC shall contact Ecology for regulations and permits in effect when this Contract is in effect, including, without limitation, permits and regulations regarding the specific management methods proposed for use by BPI and KC with respect to the City’s biosolids.

12.3 BPI and KC shall manage biosolids using applicable best management practices. Best management practices may be found in the Biosolids Management Guidelines for Washington State published by Ecology. The most recent publication available on or before September 2010 shall be used as best management practices for the Contract. Updated versions of best management practices shall be incorporated into this Contract based on the provisions of Subsection 9.1.

12.4 Other permits and registrations, if any, shall be obtained and maintained by BPI and KC as required for the specific location of biosolids handling, application and disposition sites and specific biosolids management approaches at the project sites. BPI and KC shall be solely responsible for knowledge of and compliance with all laws, regulations and permits required for operation and maintenance of biosolids management application sites and functions.

CONTRACT NO. 20-0001 9

12.5 BPI and KC shall be responsible for all environmental compliance and monitoring required for the management of biosolids land application. The costs of this environmental compliance and monitoring shall be included in the BPI base unit price hereinbefore agreed to.

12.6 The City will make available to BPI and KC all biosolids monitoring and environmental compliance required by its National Pollution Discharge Elimination System (NPDES) permit and its Washington State General Permit for Biosolids Management, sections WAC 173-308-160 (Biosolids pollutant limits), WAC 173-308-170 (Pathogen reduction) and WAC 173-308-180 (Vector attraction reduction). Results of additional testing performed by the City will be made available to BPI and KC at no cost when necessary for BPI and KC to perform under this Contract.

SECTION 13 BIOSOLIDS QUANTITIES AND CHARACTERISTICS

13.1 The City may develop other biosolids management options during the term of this Contract, delivering biosolids in quantities in accordance with subsection 1.4.2. The City will provide biosolids on as uniform a basis as possible given influent wastewater variations, treatment process conditions, and solids handling operations. The City is responsible for reviewing plant records to determine, estimate and plan for annual, monthly, and weekly averages and variability and informing BPI and KC of substantial changes in biosolids quality.

13.2 The City affirms that its biosolids are produced from domestic, commercial and industrial wastewaters generated in the City’s wastewater service area.

SECTION 14 INSURANCE

14.1 The Parties shall obtain and maintain the minimum insurance as set forth below covering the operations and activities required by the Contract. By requiring such minimum insurance, the Parties shall not be deemed to have assessed the risks that may be applicable to each Party under this Contract. Each Party shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage.

Each Party shall also require its subcontractors to maintain the minimum insurance set forth below or such other minimum insurance as is appropriate with respect to the work to be performed. Each Party shall obtain certificates of insurance for all of its subcontractors and make them available for inspection by the any other Party on request.

14.1.1 Commercial General Liability. $1,000,000 combined single limit per occurrence and for those policies with aggregate limits, a $2,000,000 aggregate limit.

14.1.2 Automobile Liability. $1,000,000 combined single limit per accident. If the potential exists to release pollutants either as cargo or from the automobile (as defined by the standard auto policy exclusion of pollution) the auto policy shall be endorsed to include endorsement CA 9948 (or its equivalent).

14.1.3 Workers’ Compensation. Statutory requirements of the State of residency. Coverage shall be at least as broad as Workers’ Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar coverage required for this work by applicable Federal or “other States” State Law.

14.1.4 Employer’s Liability or “Stop Gap”. For a limit of $ 1,000,000 Coverage shall be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the general liability policy.

CONTRACT NO. 20-0001 10 14.1.5 OTHER INSURANCE PROVISIONS A. The insurance policies required in this Contract are to contain and be endorsed to contain the following provisions: 1. With respect to all Liability Policies except Professional Liability and Workers Compensation: (i) BPI or its subcontractor shall add the other Parties, its officers, officials, employees, and agents to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of BPI or the subcontractor in connection with this Contract. The City shall add the other Parties, their officers, officials, employees and agents as additional insureds as respects liability arising out of activities performed by or on behalf of the City in connection with this Contract. The Parties acknowledge that KC maintains a self-insurance program for the handling of its liabilities, and as such, cannot add other parties as additional insureds. (ii) Each Parties’ insurance coverage shall be primary insurance as respects the other Parties, its officers, officials, employees, agents, and consultants. Any insurance and/or self-insurance maintained by the other Parties, its officers, officials, employees, agents and consultants shall not contribute with the Parties’ insurance or benefit the Party in any way. (iii) BPI or its subcontractors’ insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability. 14.1.6 In lieu of the aforementioned liability policies, KC, maintains a fully funded Self=Insurance program for the protection and handling of KC’s liabilities including injuries to persons and damage to property.

14.1.7 In the alternative, a Party to this Contract may fulfill the insurance obligations contained herein by maintaining membership in a joint self-insurance program or risk pool authorized by applicable law. In this regard, the Parties understand that the Party to this Contract who is a member of such a joint self-insurance program or risk pool is not able to name the other Parties as an “additional insured” under the liability coverage provided by the joint self-insurance program or risk pool.

14.2 Unless otherwise approved by the City, all insurance shall be on an “occurrence” basis and shall be maintained through the term of this Contract and for a period of three hundred sixty-five (365) days after termination or acceptance of work, as the case may be. All insurance shall be provided on forms and by insurance companies satisfactory to the City.

14.3 Except as may be provided in Section 19 of this Contract, no provision in this Contract shall be construed to limit the liability of any Party as provided by law. Each Parties’ liability shall extend as far as the appropriate periods of limitation provided by law.

14.4 BPI shall provide the other Parties with certificates and endorsements evidencing insurance from the insurer(s) certifying to the coverage of all insurance required herein within ten (10) days after Notice to Proceed. If BPI neglects to obtain and maintain in force any such insurance or deliver such policy or policies and receipts to the City, then the City may, at its option, terminate this Contract immediately, purchase required insurance coverage by withholding the premium amounts from payments due BPI, or demand BPI purchase the required insurance within a time frame acceptable to the City.

14.5 Failure to provide such required insurance shall entitle any Party to suspend or terminate the other Parties’ work hereunder for default in accordance with Subsection 17.2. Suspension or termination of this Contract shall not relieve any Party from its insurance obligations hereunder.

CONTRACT NO. 20-0001 11 SECTION 15 COORDINATION WITH THE CITY’S TREATMENT PLANT

The City will provide BPI with e-mail notification when the normal weekly delivery schedule changes. The City will attempt to keep biosolids availability to BPI as uniform as possible.

SECTION 16 DAMAGES

16.1 Nothing in this Contract is intended to waive any damages the City may be entitled to as a result of BPI’s default. Should BPI fail to commence or continue performance of this Contract after issuance of the Notice to Proceed, BPI shall reimburse the City for the actual damages and costs incurred by the City until other satisfactory arrangements for up to the remaining term of this Contract can be implemented. The City shall have the right to deduct such costs or damages from any amount due, or that may become due BPI, or the amount of such damages shall be due and collectable from BPI or Surety. The City agrees to make all reasonable and practicable efforts to mitigate its damages.

SECTION 17 TERMINATION OR CONTRACT SUSPENSION

17.1 Any of the Parties may terminate this Contract in whole or in part for any reason by delivering written notice to each of the other Parties at the mailing addresses stated herein, properly executed, at least ninety (90) days before the proposed termination date. BPI and KC shall be paid any amounts owing, including necessary and reasonable Contract close-out costs, up to the date of termination as specified in the notice, less any deductions provided by this Contract or by law. The City shall have at least ninety (90) days to find a suitable replacement, as determined by the City. BPI shall promptly submit its request for the termination payment, together with detailed supporting documentation. If BPI has any property in its possession belonging to the City, BPI shall account for the same and handle it in the manner the City directs.

17.2 Any Party may terminate the Contract for default in the event of a failure by either of the other two Parties to comply with the provisions of this Contract including, but not limited to, the following:

(A) failure to perform services or other work as required; (B) failure to comply with any material terms or provisions of the Contract; (C) failure to comply with laws or regulations; (D) failure or delay due to inability to obtain the required employees or equipment; or (E) failure to provide continuous and solvent business operations.

Termination for default may be delivered by mail and shall be effective upon mailing, directed to the defaulting Party (or Parties) at the mailing addresses stated above, setting forth the manner in which the Party is (or Parties are) in default.

17.3 In the event the City believes BPI is in default, the City may include a compliance schedule with the Notice of Termination, which must be met in order to avoid termination. The compliance schedule shall state that within a time period specified by the City, BPI shall submit to the City a written detailed plan describing the actions required to achieve compliance that is subject to the City’s approval.

17.4 In the event the Contract is terminated for default, BPI and KC will only be paid the base unit price for services or work delivered or performed in accordance with the Contract, less any deductions authorized by this Contract. Further, if BPI is in default then, BPI shall be responsible for additional direct and indirect costs incurred by the City to have the work under this Contract performed by other parties or any other damages or injuries to the City, its facilities or personnel related to BPI’s services.

SECTION 18 RECORDS, REPORTS AND MEETINGS

18.1 BPI shall, for the term of the Contract and six (6) years thereafter, consistently maintain full, complete and accurate books of account and records related to this Contract at its principal place of business. These records shall also include detailed information describing the application rates to all project

CONTRACT NO. 20-0001 12 sites. The City shall have the right during reasonable business hours to inspect and audit such books and records. All books and records of account shall be maintained by BPI according to generally accepted accounting principles and applicable requirements of the State of Washington.

18.2 The following books of account and reports may be reviewed by the City and shall be made available upon request to the City:

• a daily project site log (including generator, field identification, delivery dates and tonnage) during application of biosolids;

• a weekly project site summary of activities and events;

• application logs (including application rate, date, acreage and tonnage) for each project site that is applied;

• WAC 173-308 annual report (the City shall assist BPI and KC in collecting and documenting the data required for this regulatory report); and

• copies of all written correspondence relating to this project.

18.3 The City shall have the right during reasonable business hours to inspect the BPP biosolids management facilities. BPI shall provide the City access to perform said inspections.

SECTION 19 INDEMNIFICATION

19.1 BPI agrees that it shall be liable for and shall indemnify, defend, and hold harmless the City and KC, and their officers, agents, and employees, from and against any claims, actions, suits, costs, and damages of any nature whatsoever, including reasonable attorney’s fees in defense thereof, for injuries or death to persons, or damage to property, (hereinafter “Claim”), arising directly or indirectly out of BPI's intentional or negligent act or omission in the performance of its duties as described in this Contract, BPI’s breaches of this Contract, or BPI’s acts or omissions in violation of law, including fines, penalties, and judgments. In the event of any Claim arising out of the concurrent negligence of BPI and the City, or BPI, the City, and KC, BPI’s defense and indemnification obligations under this section shall be limited to the extent of BPI’s negligence.

19.2 KC agrees that it shall be liable for and shall indemnify, defend, and hold harmless the City, and its officers, agents, and employees, from and against any claims, actions, suits, costs, and damages of any nature whatsoever, including reasonable attorney’s fees in defense thereof, for injuries or death to persons, or damage to property, (hereinafter “Claim”), arising directly or indirectly out of KC’s intentional or negligent act or omission in the performance of its duties as described in this Contract, KC’s breaches of this Contract, or KC’s acts or omissions in violation of law, including fines, penalties, and judgments. In the event of any Claim arising out of the concurrent negligence of KC and the City, or KC, the City, and BPI, KC’s defense and indemnification obligations under this section shall be limited to the extent of KC’s negligence.

19.3 The City agrees that it shall be liable for and shall indemnify, defend, and hold harmless BPI and KC, and its officers, agents, and employees, from and against any claims, actions, suits, costs, and damages of any nature whatsoever, including reasonable attorney’s fees in defense thereof, for injuries or death to persons, or damage to property, (hereinafter “Claim”), arising directly or indirectly out of the City’s intentional or negligent act or omission in the performance of its duties as described in this Contract, the City’s breaches of this Contract, or the City’s acts or omissions in violation of law, including fines, penalties, and judgments. In the event of any Claim arising out of the concurrent negligence of the City and BPI or the City, KC, and BPI, the City’s defense and indemnification obligations under this section shall be limited to the extent of the City’s negligence.

CONTRACT NO. 20-0001 13 19.4 Solely for the purposes of paragraphs 19.1, 19.2, and 19.3 above, each Party, by mutual negotiation, hereby waives any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW.

19.5 The indemnification obligations under this section shall not expire with the termination of this Contract.

SECTION 20 DISPUTES UNDER THIS CONTRACT

20.1 In the event that a dispute arises under this Contract, then representatives from the Parties involved in the dispute shall meet and confer in an effort to resolve the dispute. If the Parties’ representatives cannot resolve the dispute within fifteen (15) calendar days then any Party involved in the dispute may request that the Parties involved in the dispute engage in mediation, with each such Party to share equally in the costs of mediation. If the dispute is not resolved to the satisfaction of the Parties involved through mediation then any of the involved Parties may take whatever steps it deems appropriate, including but not limited to, bringing a civil action in a court of competent jurisdiction. Nothing in this section shall be construed to prohibit any Party from exercising its right to terminate this Contract as otherwise provided herein or be construed as a precondition to the exercise of such right to terminate.

20.2 Pending final decision of a dispute hereunder, all Parties shall proceed diligently with the performance of the Contract.

SECTION 21 SEVERABILITY

21.1 If any part of the Contract is declared to be invalid or unenforceable, the rest of the Contract shall remain binding.

SECTION 22 INDEPENDENT CONTRACTOR

22.1 Each Party hereto is and shall perform this Contract as an independent contractor, and as such, shall have and maintain complete control over all of its employees, agents, and operations. None of the Parties nor anyone employed by them shall be, represent, act, purport to act or be deemed to be the agent, representative, employee or servant of any of the other Parties.

SECTION 23 SUBCONTRACTORS

23.1 BPI shall identify all proposed suppliers or subcontractors for items or services under this Contract expected to equal or exceed fifty percent (50%) of the estimated service fees to be received by BPI for services under this Contract. The City reserves the right to reject in writing within fifteen (15) days of such submission of any such supplier or subcontractor. The City’s right to reject shall not be unreasonably exercised.

SECTION 24 FORCE MAJEURE

24.1 Should any of the Parties be prevented wholly, or in part, from performing their respective obligations under this Contract by a cause reasonably outside of and beyond the control of the Party affected thereby, including but not limited to war, government regulation, restriction or action, strike, lockout, accidents, storms, earthquake, fire, acts of God or public enemy or any similar cause beyond the control of the Parties, then such Party shall be excused hereunder during the time and to the extent that the performance of such obligation are so prevented, and such Party shall have no liability whatsoever for any damages, consequential or otherwise, resulting therefrom.

CONTRACT NO. 20-0001 14 SECTION 25 NON-WAIVER

25.1 Failure by any of the Parties to enforce their rights under any provision of this Contract shall not be construed to be a waiver of that provision. No waiver of any breach of this Contract shall be held to be a waiver of any other breach.

SECTION 26 ASSIGNMENT

26.1 No Party may assign any interest, obligation or benefit under or in this Contract or transfer any interest in the same, whether by assignment or novation, without the prior written consent of the other Parties. If assignment is approved, this Contract shall be binding upon and inure to the benefit of the successors and/or assigns.

SECTION 27 NOTICES

27.1 All notices required under this Contract shall be personally delivered or mailed by certified or registered mail, postage prepaid as follows:

If to the City, addressed to:

Name Shaun Tozer, [TITLE] Address City of Duvall, Department of Public Works [ADDRESS] [PHONE] [EMAIL]

If to BPI, addressed to:

Name: David K. Ruud, Operations Manager Address: Boulder Park, Inc. P.O. Box 285, Mansfield, WA 98830 (509) 683-1142 [email protected]

If to KC, addressed to:

Name: Jake Finlinson, Biosolids Project Manager Address: King County Wastewater Treatment Division 201 S. Jackson Street, #KSC-NR-0512, Seattle, WA 98104 (206) 477-3524 [email protected]

Or to such other address as any Party shall specify by written notice so given. Notices shall be deemed to have been given and received as of the date so delivered or three (3) business days after being deposited in the US mail.

SECTION 28 ENTIRE CONTRACT; AMENDMENT

This Contract constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the Parties with respect to such subject matter. This Contract may not be modified or amended, in whole or in part, except in writing signed by all Parties.

CONTRACT NO. 20-0001 15 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the date above written.

CITY OF DUVALL BOULDER PARK, INC.

By By Amy Ockerlander, Mayor Leroy Thomsen, President

Date Date

KING COUNTY

By Mark Isaacson Director, Wastewater Treatment Division

Date

Approved as to form only:

Verna Bromley, Sr. Deputy Prosecuting Attorney

Date

CONTRACT NO. 20-0001 16

ATTACHMENT A

Boulder Park Project Beneficial Use Facility Roles and Responsibilities (Douglas County)

This document clearly defines the roles of each project participant involved in the beneficial utilization of biosolids as a soil amendment and for its plant essential nutrients at the Boulder Park Project (BPP) in Douglas County. Additional descriptions of certain tasks are discussed in more detail within the 2015 BPP Site Specific Land Application Plan (SSLAP).

King County Department of Natural Resources and Parks, Wastewater Treatment Division (KC)

KC Biosolids Management Program Manager

. Overall responsibility for the entire biosolids management program.

. Must approve or be notified of all project proposals; press announcements/responses; public informational handouts and meetings; environmental checklist; permits; research plans; project budgets and capital expenditures; and overall project management.

. May review or be consulted on project issues as they arise.

. Has authority to stop operations at any time for non-compliance of contract specifications.

KC Biosolids Agriculture Project Manager

. Overall responsibility for Boulder Park Project management.

Tasks with full responsibility include, but are not limited to:

. Site Development – work jointly with BPI to identify suitable application sites according to GLAP and prepare permit documentation; maintain records for each landowner including: property legal descriptions, signatures, acreage and farmer. Product: Permit documentation; maps; Master List of Boulder Park Project Acreage; DOE Model Form.

. Public Involvement/Communications - schedule/coordinate site tours and open houses/public meetings, address project issues; ensure that adequate communications are maintained among all project participants. Product: Public meeting, open house, tours; periodic contact with project participants.

. Permits - procure, document and ensure compliance with all applicable permits and regulations. Product: Permit application documentation and GIS project maps.

. Applications – prepare activity table and maps of next season’s proposed applications; calculate agronomic application rates and send to WSU scientist for review before submitting to WDOE for approval. Product: SSLAP Addendum; Boulder Park Biosolids Application Calculations and Nitrogen Value forms.

BPP Roles & Responsibilities 1 . Field Operations - ensure that all field operations are performed by BPI according to SSLAP and permit requirements. Product: Site inspection logs; phone and email logs; review of BPI weekly report.

. Biosolids Delivery - coordinate with King County Transportation Manager or other on distribution and scheduling; inspect project storage areas. Product: KC distribution plan; site inspection logs.

. Equipment - schedule, budget and procure necessary equipment for year-round operations. Product: Boulder Park Equipment Replacement Schedule; capital budget forecasts/requests.

. Recordkeeping - maintain detailed, up-to-date records on all facets of the Boulder Park Project. Product: files on the following: correspondence; landowner records; other generators records; contract and change order documents; invoices; capital budget and equipment; monitoring data results; BPI weekly reports; application rate calculations/approvals.

. Reports - prepare annual reports jointly with BPI. Product: WDOE 308 and Boulder Park Project annual report, including: biosolids application and storage tables, project overview map, monitoring data, operational activities and research results.

. Monitoring - review monitoring plan, sampling protocols, scheduling and data results with BPI. Product: sampling log; BPP annual report.

. Safety - ensure BPI has approved Safety Plan following all current applicable regulations. Product: review of Safety Plan and safety meeting records.

. Assure permit and project plan commitments are followed and all contract performance standards are met as described in the Contract #471783.

. Must review or be consulted on biosolids delivery, tracking and road agreements/restrictions.

. Must be notified about research plans and objectives.

. Has authority to stop operations at any time for non-compliance of contract specifications.

KC Biosolids Transportation Manager

. Overall responsibility for efficient scheduling and safety of only King County biosolids deliveries.

. Overall responsibility to coordinate response only if KC biosolids are accidentally spilled along the haul route.

. Overall responsibility to distribute, update and provide training on the KC Spill Response Plan and/or ‘Biosolids and Grit Haul Driver’s Handbook’ to KC hauler.

. Principal contact between KC treatment plant personnel and KC haul contractor to coordinate KC biosolids deliveries.

. Must review and be consulted on road agreements and restrictions regarding haul trucks.

. May review or be consulted on project issues as they arise.

BPP Roles & Responsibilities 2 Boulder Park Incorporated (BPI)

BPI President, Leroy Thomsen

. Overall responsibility for project compliance and that all operations follow the prescribed SSLAP.

. Responsible for directing daily operations and functions of BPI.

. Responsible for hiring and supervising qualified personnel as Operations/Site Supervisor.

. Responsible for maintaining auditable records and files on all operations and expenditures.

. Responsible for maintaining efficient communications network among all project participants.

. Responsible for establishing a local distribution plan to involve other community farmers in utilizing biosolids.

. Must review or be consulted on all site operations, project proposals, public meetings and/or site tours.

. May review or be consulted on contract and permit documentation, press announcements, research projects and monitoring data.

. Serves as site representative of all the land owners on the project. Responsible to speak or assign designee about the pros and cons related to biosolids utilization and be available for tours of the site as his schedule allows. All site tours must be coordinated with King County’s Project Manager and BPI’s Operations Supervisor.

BPI Operations/Site Supervisor, Dave Ruud

. Principal contact for all contract-related activities on this project. Ensures the project is carried out according to the SSLAP, SEPA, Contract #471783 and Ecology biosolids regulations. Works directly with BPI President and closely with King County’s Project Manager and/or designee.

Tasks with full or partial responsibility include, but are not limited to:

. Site Development – work jointly with KC to identify suitable application sites according to GLAP and assist in preparing permit documentation; obtain property legal descriptions and landowner signatures. Product: Review permit documentation, maps and master list of property descriptions; DOE Model Form.

. Public Involvement/Communications – coordinate and/or participate in site tours and open houses/public meetings, respond to community questions, promote public acceptance and stay informed of public opinion on local biosolids usage; maintain adequate communications among all project participants. Product: Public meeting, open house, tours; attend other community meetings; periodic contact with project participants.

. Permits - assist in preparing documentation and ensuring compliance with all applicable permits and regulations. Product: Review permit application documentation and project maps as required; no permit violations.

BPP Roles & Responsibilities 3 . Storage Areas - identify location, haul route and required buffers; prepare site; post signs. Product: Review GIS site maps; fairly level, accessible sites.

. Field Access - obtain farmer signature; maintain access roads equivalent to pre-project conditions. Product: Farmer agreement; clean and safe roads for public usage.

. County road repair - coordinate with Douglas County (DC) to provide water and equipment as necessary to maintain/repair haul route; advise DC of changes to route and delivery schedule. Product: Updated project maps; minimal complaints from public and DC personnel.

. Biosolids Delivery - coordinate with KC and other generator’s haul contractor, assist truck drivers with deliveries, reconcile tonnage, comply with road agreements and restrictions and inspect site. Product: delivery schedule; tonnage/inspection records; proper signage.

. Equipment - maintain, operate, store, and repair to minimize down-time. Product: maintenance records; equipment logs.

. Operations - supervise daily field operations; hire operators, inspect site for compliance with permit and SSLAP and inform BPI President and KC project manager of problems. Product: BPI weekly reports.

. Applications - coordinate delivery and application schedule with farmers; calibrate equipment to apply Ecology-approved biosolids application rate; record tons applied to each site. Product: SSLAP Addendum; equipment calibration and application log by site and generator.

. Recordkeeping - maintain detailed up-to-date records on all facets of project. Product: BPI weekly reports; biosolids application log; monthly biosolids delivery/reconciliation records; maintenance records; sampling log; posted sites; invoices; billing and soil amendment value payment; application rate calculations/approvals; safety/training records; project correspondence; landowner/farmer records; other generators records; contract and change order documents; permit documentation; monitoring data results.

. Reports - prepare annual reports jointly with KC project manager. Product: WDOE 308 and Boulder Park Project annual report.

. Monitoring - ensure all water, soil, grain and biosolids samples are collected, delivered and analyzed according to schedule and protocols as specified in SSLAP and that analytical results are sent to both BPI and KC; procure necessary soil sampling equipment; establish analytical lab contracts; notify Ecology and KC of unusual results. Product: sampling logs; BPP annual report.

. Safety - ensure all operations are performed safely; establish and initiate an operations safety program following Wa. Department of Labor and Industries Agricultural Code. Product: first aid training certification; approved Safety Program and safety meeting records.

. Solely responsible for hauling other generator’s biosolids, if specified in contract. Must maintain current list of these generators along with contact information and provide to Ecology and KC.

. Has authority to stop operations if operations at the site are not in accordance with the Boulder Park SSLAP or as directed by BPI president, landowner or regulatory personnel.

. May review or be consulted on biosolids research proposals at the BPP and coordinating and assisting researchers as necessary.

BPP Roles & Responsibilities 4 BPI Principals: Leroy Thomsen, Gary Poole and Larry Glessner

. Responsible for organizing and managing Boulder Park, Inc.

. Responsible for involving other community farmers in developing biosolids application sites.

. Responsible for providing guidance in regards to application locations, priority and field application specifics.

. Must be notified of all site operations.

Farmers and/or Landowners (see Master List of Boulder Park Project Acreage)

. Responsible for timely incorporation of all applied biosolids after application.

. Responsible to pay BPI for soil amendment value of biosolids per dry ton applied to their land.

. Responsible to comply with the requirements of the SSLAP, permits, all standard acceptable agricultural practices and biosolids regulations.

. Responsible for securing legal descriptions and landowner signatures for property that they farm which will be part of the Boulder Park Project.

Washington Department of Ecology (Ecology), Central Region Biosolids Coordinator

. Responsible for issuing permits and verifying permit compliance, reviewing monitoring data, approving project proposals and storage sites, and responding to public questions and concerns.

. Responsible for interpreting biosolids state regulations.

. Responsible for final approval of all biosolids application rates as submitted by WSU.

. Must review or be consulted on environmental documentation, open houses, public meetings, and new project proposals.

. Must be notified and updated on project operations, biosolids delivery schedule and storage/application progress (BPI weekly report).

Chelan-Douglas County Health District (CDHD), Public Health Specialist

. May review or be consulted on environmental documentation, open houses, public meetings, and new project proposals.

. May be notified and updated on project operations, biosolids delivery schedule and storage/application progress (BPI weekly report).

WSU Cooperative Extension, Research Scientist

. Responsible for providing information about best farming practices associated with biosolids utilization in the area.

. Responsible for evaluating crop response and fertilizer savings as a result of biosolids applications. Responsible for collection of vegetative tissue (grain) samples during crop harvest as necessary.

BPP Roles & Responsibilities 5 . Responsible for any research proposals, plans and reports related to this project.

. Responsible for review of all biosolids application rates, which they in turn submit to Ecology for approval.

. Must approve soil sampling protocols prior to sample collection.

. Must be consulted on vegetation sampling protocols prior to crop harvest, if required.

. Must be consulted on biosolids applications to highly erodible sites.

. May review or be consulted on project proposal, permit preparation, site suitability, monitoring data results, public information, open houses, site tours and press announcements.

Douglas County Transportation and Land Services

. Responsible for establishing road agreements and assessing damage, if any, associated with haul vehicle travel on county maintained roads, as it may pertain to the Boulder Park Project.

. Must approve all haul routes for biosolids deliveries.

. Must be informed of biosolids delivery schedule in timely manner (SSLAP addendum and BPI weekly report).

. May conduct unannounced road inspections to ensure that safe road conditions are being maintained during all BPI operations. Has authority to stop operations for non-compliance of road agreements.

. May impose road weight restrictions as necessary.

. May coordinate road repair to be done by BPI and/or DC as required.

Other Generators using the BPP

. Overall responsibility for complying with all Federal and State regulations, permits, application and equipment usage contract with BPI and King County; hauling their biosolids to designated project storage areas; ensuring that their truck drivers are properly trained and have a copy of their spill response plan in each truck; addressing project issues related to their biosolids, especially after an accident or spill; communications between BPI, King County and regulatory agencies regarding their biosolids; preparing and reviewing correspondence and reports; project budgets; audits; and billing.

. Assure permit and project plan commitments are followed and all contract performance standards are met as described in their contract with BPI and King County.

. Must review or be consulted on their biosolids delivery, tonnage reconciliation and road agreements / restrictions.

. Overall responsibility that the quality of their biosolids meets all regulatory requirements and is safe for land application. Must submit their latest biosolids quality data to Ecology and King County at least annually.

. Must conduct periodic inspection of site operations during periods when they are utilizing sites at the BPP.

. Has authority to stop operations at any time for non-compliance of contract specifications.

BPP Roles & Responsibilities 6 EQUIPMENT LEASE RATE TABLE 2020 Attachment B For Boulder Park Biosolids Land Application Project

Purchase Use Life Residual Value Deprec. Annual Asset ID# Description Price Of Asset of Asset Value Deprec.*

EWT077 2006 Kenworth T800 Tractor $120,000 20 $35,000 $85,000 $4,250

EWT054 1999 Kenworth T600 Dump Truck $120,000 20 $20,000 $100,000 $5,000

EWTT01 2014 Randco RTT8000 Water Tanker $83,000 15 $10,000 $73,000 $4,867

EWG003 2006 Poor Boys Grader w/12'6" rake $22,000 15 $4,000 $18,000 $1,200

EWS017 2015 Chevy Suburban $40,000 7 $10,000 $30,000 $4,286

EWT091 2019 Ford F550 PU with service box $65,000 6 $40,000 $25,000 $4,167

EWP266 2016 Ford F350 4x4 Pickup w/snow plow $50,000 6 $10,000 $40,000 $6,667

EWP261 2015 Ford F250HD Crew Cab 4X4 $40,000 6 $10,000 $30,000 $5,000

EWL005 2018 JD644K Hybrid Loader w/5yd bucket $255,000 8 $170,000 $85,000 $10,625

EWFT19 2016 STX375 Case/IH 4WD Tractor $325,000 8 $150,000 $175,000 $21,875

EWG002 2003 Cat 120H Road Grader $110,000 20 $20,000 $90,000 $4,500

EWTE02 John Deere Subsoiler, 915 Ripper $20,000 20 $3,000 $17,000 $850

EWSA26 2016 West Pt. Spread-All $60,000 5 $7,000 $53,000 $10,600

EWSD01 2016 HD Burma Vertical Distributor $22,000 5 $4,000 $18,000 $3,600

EWTR69 1993 Witzco Challenger lowboy trailer $17,820 20 $4,000 $13,820 $691

EWUV12 2014 Polaris Ranger Quad (w/ Soil Sampler) $14,300 12 $4,000 $10,300 $858

EWF026 Clark Forklift Model C30 $30,000 20 $12,000 $18,000 $900

------Office Lease $10,200 30 $0 $10,200 $340

------Major Equipment Maintenance $20,000 1 $0 $20,000 $20,000 Total Annual Depreciation $110,275 Updated: 6/6/2019

Equipment rate/applied ton** $2.76 King County staff rate/applied ton $0.40 Total Fee $3.16 *Annual depreciation (straight-line depreciation) is based on the depreciable value and the useful life of the asset. **Applied ton based on 2019 total of Other Generators WT applied at the Boulder Park Project BUF (38,596.2 WT).

SPILL PREVENTION/RESPONSE

PLAN

Submitted as an attachment to the Application for Coverage Under the General Permit for Biosolids Management

Submitted by: Boulder Park Inc.

2020 TABLE OF CONTENTS

INTRODUCTION 1 PRIMARY SPILL RESPONSE CONTACTS 1 ROUTE TRAVELLED 1 SPILL PREVENTION MEASURES 1 SPILL RESPONSE EQUIPMENT 2 SPILL RESPONSE MEASURES 2 SPILL RESPONSE CONTACTS: 3 Boulder Park, Inc. 3 Department of Ecology Spill Response Team 3 Department of Ecology Biosolids Coordinators 3 Local health Departments & Districts 4 Department of Transportation 5 Department of Natural Resources 6 United States Forest Service, Pacific Northwest Region 6 7 Department of Fish & Wildlife 7 ATTACHMENT 1: ROUTES TRAVELLED 8 Routes from Western WA sources located south of Seattle 9 Routes from Western WA sources located north of Seattle 11 Routes from Eastern WA sources located east of Mansfield near Spokane 14 Routes from Central WA sources located south of Mansfield 15 Routes from Central WA sources located north of Mansfield 17 ATTACHMENT 2: PRIMARY RESPONSE CONTRACTOR LIST 18

INTRODUCTION This Spill Prevention/Response Plan is being submitted as required by the General Permit for Biosolids Management. Boulder Park Inc. (BPI) and its sub-contractors haul dewatered biosolids on a daily-basis throughout the year from various Washington wastewater treatment facilities to Boulder Park Project Beneficial Use Facility (BPP)land application sites located in Douglas County, on the Waterville-Mansfield plateau. The BPI office is located at #8 Airport Way, Mansfield, WA 98830. In addition, BPI may transfer biosolids during routine, daily operations from one field to another field when product overages occur and remaining biosolids must be relocated. Typically, these biosolids transfers are relatively short distances occurring on minor, minimally travelled roadways.

! IMPORTANT - PRIMARY SPILL RESPONSE CONTACTS !

1) 9-1-1 for injury accidents and accidents involving other vehicles or property

2) Dave Ruud, BPI at (509) 669-3775 (cell), (509) 683-1142 office

3) Peter Severtson, Deptartment of Ecology at (509) 379-4737 (cell) (if unavailable, contact the appropriate Ecology spill response contact on page 3 for assistance)

4) Your company dispatcher or company contact for emergencies

Refer to pages 3 - 7 for additional contact information.

ROUTES TRAVELED See Attachment 1

SPILL PREVENTION MEASURES To minimize the possibility of spills, BPI has implemented the following measures:

. All vehicles are regularly inspected and serviced.

. Drivers never exceed the posted speed limit and only travel at speeds appropriate for current road conditions.

. Drivers attend a “Defensive Driving” course at least every 3 years.

1 Spill Prevention & Response Plan

. Loads are to be fully covered with a tarp during transportation or as determined by the biosolids generator. Tarping exceptions include short biosolids transfers from one BPP application site to another application site.

. Vehicles are certified to be “leak-proof” upon purchase and are regularly examined to ensure no leaking occurs.

. Drivers consult the Washington State Department of Transportation’s website during times of possible inclement weather.

SPILL RESPONSE EQUIPMENT In order to be able to promptly and properly respond to a spill, BPI and its sub- contractors equips biosolids transportation vehicles with the following items: . A copy of the most current Spill Prevention/Response Plan. . A cell phone. . Gloves and boots. . Hazard flares. . Reflective traffic cones. . A shovel.

SPILL RESPONSE MEASURES In the event of a spill, the following measures may occur: . Safely exit roadway if possible. . Place reflective traffic cones along roadway leading up to the spill (use flares if needed). . If the spill has or could result in an emergency situation: dial 911. . If the spill poses a risk to public or environmental health or is odorous, use hydrated lime to cover exposed biosolids. . If the spill is large, contact the Department of Ecology’s Spill Response Team. . If the spill is large, contact BPI dispatcher to have them contact a local excavation or pumping company to excavate or pump all biosolids and place back into the hauling truck. . If the spill is on a state or interstate roadway and may obstruct traffic for an extended period, contact the appropriate Department of Transportation regional office.

2 BPI Spill Prevention & Response Plan . If the spill is small, use shovel to remove all biosolids and place back into the hauling truck. . Contact the biosolids coordinator at the Department of Ecology’s Southwest Regional Office as soon as possible, but not more than 24 hours following the spill. Unless waived by Ecology, submit a written explanation of the spill within 5 days. The written explanation must include the following:

. A description of the spill and its cause.

. The exact date and time of the spill, and, if it has not been cleaned- up, the anticipated time when cleanup will occur.

. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of spills.

. Contact the applicable biosolids coordinator at the Department of Ecology region where the spill occurs as soon as possible, but not more than 24 hours following the spill. . Contact the appropriate staff at the local health department in the county where the spill occurs. . If a spill may have affected natural resources other than fish or wildlife, contact the appropriate Department of Natural Resources regional office. . If a spill enters surface water (i.e. stream, river, lake), contact the appropriate Department of Fish and Wildlife regional office.

SPILL RESPONSE CONTACTS CONTACT INFORMATION UPDATED OCTOBER 2015 Boulder Park Inc. . Dave Ruud, Operations Manager: (509) 669-3775 cell, (509) 683-1142 office . Alternative phone numbers:

o Randy Davidson, BPI Lead (509) 668-0388 cell o Gary Poole, BPI Partner (509) 669-6666 cell

Department of Ecology, Spill Response Team: . Central Regional Office: (509) 575-2490 . Eastern Regional Office: (509) 329-3400 . Northwest Regional Office: (425) 649-7000 . Southwest Regional Office: (360) 407-6300

Report a spill — call 1-800-OILS-911 (1-800-645-7911)

Boulder Park Project

3 BPI Spill Prevention & Response Plan Department of Ecology, Biosolids Coordinators: . Kyle Dorsey (Statewide Coordinator): (360) 407-6559 . Peter Severtson, Central Region: (509) 379-4737 . Betty Ann Bickner, Eastern Region: (509) 329-3505 . Amber Corfman, Northwest Region: (360) 255-4406 . Shawnte Greenway Southwest Region: (360) 407-6055

Local Health Departments and Districts: . Adams County Health Department: (509) 488-2031 . Benton-Franklin County Health Department: (509) 460 4200 Kennewick, (509) 547-9737 Pasco . Chelan-Douglas Health District: (509) 886-6400 or (509) 886-6499 after-hours. . Grant County Health District: (509) 766-7960 or (509) 398-2083 after-hours. . King County Public Health Department: (206) 296-4600 or (800)-325-6165 . Kittitas County Health Department: (509) 962-7515. . Lincoln County Health Department: (509) 725-1001 or (509) 725-2501 . Okanogan County Health Department: (509) 422-7140 . Pierce County Health Department: (253) 798-6500, (800) 992-2456 . Snohomish County Health Department: (425) 339-5200 or (425) 775-3522 . Skagit County Health Department: (360) 416-1555 . Spokane County Health Department: (509) 324-1500 or (888) 535-0597 . Thurston County Health Department: (360) 867-2500

4 BPI Spill Prevention & Response Plan Department of Transportation Regional Offices: . Northwest Region: (206) 440-4000. . North Central Region: (509) 667-3000 . Olympic Region: (360) 357-2600. . South Central Region: (509) 577-1600 . Eastern Region: (509) 324-6000

5 BPI Spill Prevention & Response Plan

Department of Natural Resources Regional Offices: . Northeast Region: (509) 684-7474 . Northwest Region: (360) 856-3500 . Olympic Region: (360) 374-2800 . Pacific Cascade Region: (360) 577-2025 . South Puget Sound Region: (360) 825-1631 . Southeast Region: (509) 925-8510 . Toll-Free line: (800) 562-6010 . WA DNR Headquarters: (360) 902-1000

6 BPI Spill Prevention & Response Plan United States Forest Service Pacific Northwest Region 6: . Pacific Northwest Regional Office Headquarters: (503) 808-2468 . Mt. Baker-Snoqualmie National Forest: (425) 783-6000 . Okanogan and Wenatchee National Forest: (509) 664-9200

Department of Fish and Wildlife: . WDFW Main Office: (360) 902-2200 . Eastern Region 1: (509) 892-1001 . North Central Region 2: (509) 754-4624

o Wenatchee District Office (509) 662-0452 . South Central Region 3: (509) 575-2740 . North Puget Sound Region 4: (425) 775-1311 . Southwestern Region 5: (360) 696-6211 . Coastal Region 6: (360) 249-4628

7 BPI Spill Prevention & Response Plan ATTACHMENT 1

ROUTES TRAVELED BPI and its sub-contractors utilize the following route options to haul biosolids to Boulder Park Project BUF land application project sites for the following participants: In the event of road closures for extended periods or emergencies haul trucks may utilize other public roads to get over the mountains including White Pass, Columbia Gorge, or Stevens Pass. Also refer to the Boulder Park Project Site Specific Land Application Plan (SSLAP) for specific haul routes within Douglas County. General route maps for the primary haul routes are attached.

• Routes from Western WA sources located south of Seattle • Routes from Western WA sources located north of Seattle • Routes from Eastern WA sources located east of Mansfield near Spokane • Routes from Central WA sources located south of Mansfield • Routes from Central WA sources located north of Mansfield

Routes from Western WA sources located south of Seattle: Option #1: I-5 North from Olympia to SR-18 East to I-90 East to US 970 to US-97 North to US-97/US-2 to US-2 East to SR-172 arriving in Mansfield, WA. Total distance traveled 240 miles.

8 BPI Spill Prevention & Response Plan Option #2: I-5 North from Olympia to SR-18 East to I-90 East to Exit 151 then North on SR-283 to SR-28 to North on SR-17 then West on SR-172 to Mansfield, WA. Total distance traveled 268.4 miles.

Option #3: I-5 N to WA-18 E to I-90 E to US 970 to US-97 N to US-97/US-2E to US-2 E to SR-172 arriving in Mansfield, WA. Total distance traveled 202 miles.

9 BPI Spill Prevention & Response Plan Option #4: I-5 N to I-405 N to I-90 E to Exit 151 then N on SR-283 to SR-28 to North on SR-17 then West on SR-172 to Mansfield, WA. Total distance traveled 235 miles.

10 BPI Spill Prevention & Response Plan Routes from Western WA sources located north of Seattle: Option #1: I-5 S from Bellingham to US-2 E to US-2 E/US-97 N to US-2 E to SR-172 arriving in Mansfield, WA. Total distance traveled 248 miles.

Option #2: WA-203 N to US-2/ US-2 E/US-97 N to US-2 E to SR-172 arriving in Mansfield, WA. Total distance traveled 169 miles.

11 BPI Spill Prevention & Response Plan Option #3: I-5 S to I-405 S to I-90 Et to US 970 to US-97 N to US-97/US-2 to US-2 E to SR-172 arriving in Mansfield, WA. Total distance traveled 303 miles.

12 BPI Spill Prevention & Response Plan Option #4: I-5 S to I-405 S to I-90 East to Exit 151 then North on SR-283 to SR-28 to North on SR-17 then West on SR-172 to Mansfield, WA. Total distance traveled 324 miles.

13 BPI Spill Prevention & Response Plan Routes from Eastern WA sources located east of Mansfield near Spokane: Option #1: I-90 W from Spokane to US-2 West to WA-17 N to SR-172 W arriving in Mansfield, WA. Total distance traveled 126 miles.

Option #2: I-90 W from Spokane to WA-17 N to SR-172 W arriving in Mansfield, WA. Total distance traveled 175 miles.

14 BPI Spill Prevention & Response Plan

Routes from Central WA sources located south of Mansfield: Option #1: WA-28 E from Quincy to WA-17 N to SR-172 W arriving in Mansfield, WA. Total distance traveled 72.9 miles

15 BPI Spill Prevention & Response Plan Option #2: WA-28 W from Quincy to US-2 E to SR-172 W arriving in Mansfield, WA. Total distance traveled 91.3 miles

16 BPI Spill Prevention & Response Plan Routes from Central WA sources located north of Mansfield: Option #1: US-97 S from Okanogan to WA-17 S to Bridgeport Hill Rd. arriving in Mansfield, WA. Total distance traveled 47.6 miles

17 BPI Spill Prevention & Response Plan ATTACHMENT 2

PRIMARY RESPONSE CONTRACTORS Primary Response Contractors (PRCs) are companies or cooperatives that support plan holders in responding to spills when they occur. To be cited by a plan holder to meet planning standards, the contractor must be approved by Ecology. (Source: http://www.ecy.wa.gov/programs/spills/preparedness/prc/Prc.htm )

18 BPI Spill Prevention & Response Plan

ATTACHMENT 2

BIOSOLIDS TREATMENT FACILITIES CONTACTS LIST The biosolids treatment facilities participating in the Boulder Park Project and require transportation of biosolids to the project’s beneficial use destinations are listed below along with contact information.

Facility Name Contact Person Phone Number Facility Address Bainbridge Island Joel Goodwin 206-730-5164 cell 1220 Donald Pl. 206-780-3583 office Bainbridge Island, WA 98110 Cashmere Randy Low 509-630-6261 cell 101 Woodring Street 509-782-3513 office Cashmere, WA. 98815 Enumclaw Rick Sellers 360-802-5802 cell 451 Semanski ST. S. 360-825-1115 office Enumclaw, WA 98022 Ephrata Bill Sangster 509-754-4601 office 121 Alder ST SW 509-754-2992 WWTP Ephrata, WA 98823 Grand Coulee Gareth Abbott 509-633-2503 PO Box 180/ 306 Midway Ave. Grand Coulee, WA 99133 King Co. Brightwater Tony Chiras 206-375-2003 cell 22505 WA-9 206-477-2664 office Woodinville, WA 98072 King Co. Tony Chiras 206-375-2003 cell 4027 4th St. SE Everett WWTP Storage 206-477-2664 office Everett, WA 98201 Lakehaven Lakota Craig Hanson 253-945-1593 office 3203 SW Dash Point Rd 253-945-1606 WWTP Federal Way, WA 98023 Lakehaven Redondo Craig Hanson 253-945-1593 515 S 288th Street 253-839-7441 WWTP Des Moines, WA 98198 Leavenworth Antonio Muro 509-387-6621 cell 1402 Commercial Street 509-548-5994 WWTP Leavenworth, WA 98826 Liberty Lake Dan Grogg 509-370-1453 cell 22510 E. Mission Avenue 509-922-5443 office Liberty Lake, WA 99019

21 Spill Prevention & Response Plan LOTT Terri Prather 360-584-5989 cell 500 Adams St NE 360-528-5724 office Olympia, WA 98501 Midway Tim Campbell 206-824-2760 office 1200 South 216th Street Des Moines, WA 98198 Mukilteo Gil Bridges 425-754-4151 cell 7824 Mukilteo Speedway 425-355-6637 mobile Mukilteo, WA 98275 Oak Harbor Steve Bebee 360-279-4764 865 SE Barrington Drive Oak Harbor, WA 98277 Okanogan Clinton Little 509-422-0000 PO Box 752 Okanogan, WA 98840 Pateros Jord Wilson 509-923-2403 office 390 Lake Shore Drive 509-449-9670 Pateros, WA 98846 Pierce County Patrick Kongslie 253-798-3031 10311 Chambers Creek Road University Place, WA 98467 Quincy Tim Snead (Admin) 509-787-3523 x275 115 1st Ave. S.W. Jami Favor (P.M.) 314-240-2377 cell Quincy, WA 98848 Rock Island Noe Andrade 509-668-0343 cell 5 N. Garden Ave./PO Box 99 509-884-1261 office Rock Island, WA 98850 Sedro Woolley Debbie Allen 360-856-5269 325 Metcalf Street 360-856-1100 office Sedro W, 98284 Soap Lake Rob Herron 509-246-1823 PO Box 1270 Sean Meyers Soap Lake, WA 98851 SW Suburban Tim Berge 206-786-9572 cell 1015 SW 174th Place Miller Creek WWTP 206-432-3518 office Normandy Park, WA 98166 SW Suburban Tim Berge 206-786-9572 cell 12550 Shorewood Dr. SW Salmon Creek WWTP 206-432-3518 office Burien, WA. 98146 Tree Top Inc Glen Sagdal 509-449-3054 cell 3981 Chelan Highway/PO Box 1300 509-698-1613 office Wenatchee, WA 98801-0231

22 BPI Spill Prevention & Response Plan ATTACHMENT 3

PRIMARY RESPONSE CONTRACTORS Primary Response Contractors (PRCs) are companies or cooperatives that support plan holders in responding to spills when they occur. To be cited by a plan holder to meet planning standards, the contractor must be approved by Ecology. https://ecology.wa.gov/DOE/files/b5/b571de76-2413-476a-98a5-26caf10757cf.pdf

24 Spill Prevention & Response Plan

Office of Risk Management Services Department of Executive Services 500 Fourth Ave #320 Seattle, WA 98104 (206) 263-2250

KING COUNTY CERTIFICATE OF SELF-INSURANCE - 2019

This letter is to certify that King County is fully self-funded for all of its liability exposures. Should an incident occur involving the negligence of County employees acting in the scope of their employment, our self-funded program would respond.

King County, charter county government under the constitution of the State of Washington, maintains a fully funded Self-Insurance program for the protection and handling of the County’s liabilities, including injuries to persons and damage to property.

This letter is also to certify that King County is protected from physical loss under the County’s blanket property insurance policy. The policy is an “All Risk” policy that provides the County with protection for all County property wherever located.

Please note that this certificate is issued for informational purposes only and neither confers any rights, nor constitutes an agreement between King County and any other party.

If you have any questions, please do not hesitate to contact the King County Office of Risk Management Services, Insurance and Contracts group at the phone number above.

Sincerely,

The Office of Risk Management Services Insurance and Contracts Group

Rev 12/19/2018

Agenda Bill AB# 20-02e Duvall City Council formerly AB19-80 Meeting Date: 2/4/2020

Subject Grant of Extensions (Permit Approvals) – Duvall Foundation for the Arts

Document Type Other

Department Community Development

Contact Lara Thomas, Community Development Director

Attorney Review Complete

Planning Commission Recommendation N/A

Handling Normal Deadline Date 2/4/2020

Needed from Council Action

Recommendation Review and discuss and if in favor, authorize staff to grant an extension of permit approval(s) for the Duvall Foundation for the Arts.

Council Review History • 11/5/19 New Business, discussion • 1/7/20 Unfinished Business, discussion • 1/21/20 Unfinished Business, discussion Attachments • Grant of Extensions (Permit Approvals) – Version 4

Routing

Director: Director Name Approved: Initials Date

Director/Administrator: Lara Thomas, CDD Approved: LDT 1/29/2020

Budget Impacts No Budgetary Impact

Expenditure

Fund Name & # 2019-20 Budgeted Budget Future Impact Amount Impact +/- $ $ Revenue

Fund Name & # 2019-20 Budgeted Budget Future Impact Amount Impact +/- NA $ $ $ Notes

Click here to enter text.

Verified by Finance: DM 1/27/2020

Key Facts and Information Summary

The Duvall Foundation for the Arts has requested an extension of permit approvals to allow them to construct their facility in a consistent manner. The Preliminary Plat expires July 6, 2020, the Development Agreement expires June 18, 2025, and the building permit (temporary) expires December 8, 2019. Staff also included in the agreement the acknowledgement of the 10 years provided by DMC 14.08 to complete the facility (an extension of Developer Permits) if the applicant demonstrates market conditions warrant an extended time period. This would allow DFA until July 6, 2025 to complete the facility. Council provided guidance to staff to allow for a two year extenstion of the DFA Permits (temporary use permit) with the possibility of an extention. The extension will be based on progress reports to the City 2 times per year. Staff has updated the agreement based on comments from DFA and and the City Council. The updated version 4 clarifies reporting, terms, and that the agreement is for the puropose of the DFA project and does not extend to the development of Parcel C1.

Grant of Permit Extensions (Permit Approvals)

1. The Duvall Foundation for the Arts, a Washington 501(C)(3) non-profit corporation (“DFA”) has applied for and been granted the following permit or entitlement (“DFA Permit BP7371-17”):

DFA’S TEMPORARY USE BUILDING PERMIT APPROVAL (BP7371-17)

2. The Developer and DFA have applied for and been granted the following permits or entitlements (“Developer/DFA Permits”), as established by the Developer Agreement and Duvall Village Preliminary Plat:

Developer & DFA’S SITE PLAN REVIEW APPROVAL SPR14-001, Developer & DFA’S DESIGN REVIEW APPROVAL SPR14-001, Developer & DFA’S DESIGN REVIEW AMENDMENT DRA18-001, SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPROVAL, PRELIMINARY PLAT APPROVAL SU14-001

3. Duvall Municipal Code Section (“DMC”) 14.08.060 – Timing of commercial development, states “The commercial and residential portions of a mixed use site shall be constructed concurrently unless the developer establishes a phasing plan through a development agreement as follows: construction shall commence within five years of entitlement of the residential portion and completed within ten (10) years unless the applicant demonstrates that market conditions warrant an extended time period to ensure successful commercial development. If the commercial portion of the site is deferred, the applicant shall grade and landscape the site in accordance with the city's landscape standards”. “Entitlement” is defined by the DMC as preliminary plat approval.

4. In accord with the Development Agreement and DMC Section 14.08.060, as vested to in the Development Agreement, the City finds that DFA and Developer have demonstrated that extensions of the DFA Permit BP7371-17 and Developer/DFA Permits are necessary to ensure successful commercial development within the Duval Village Final Plat. Therefore, the Developer/DFA Permits reference herein listed in item 2, for the purpose of the DFA Project only, are hereby extended to June 18, 2025. DFA Permit BP7371-17 reference herein is hereby extended to December 8, 2021. Based on progress reports made to the City by DFA, the City may at its discretion extend DFA’s Temporary Use Building Permit beyond December 8, 2021.

5. Progress Reports – DFA will provide two progress reports per year. Progress reports will be made to to the City by the end of June and by the first week of December each of the two years as scheduled in coordination with the DFA and the City. The first report should focus on an updated project description, budget estimate, project time line, and an overview of short- and long-term funding prospects. The second report will update the first report and include a draft business plan. These bi-annual reports should contain an update on fundraising to date for the project. This would include a list of grant applications (applied for and or received) and other funds received. The City recognizes that the DFA will be providing some sensitive financial information throughout this process and will make efforts to be cooperative with the DFA regarding DFA’s and the City’s reporting and sharing that information with the understanding that the City needs to comply with the Public Records Act. The City Administrator will be responsible for coordinating with the DFA to arrange for these reports to council twice a year regarding DFA’s progress.

DRAFT VERSION (4) January 29, 2019