HomeMy WebLinkAbout2018.04.23 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
April 23, 2018
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
3 - 5 (a) Code Enforcement Board Interviews
Council to conduct brief informal interviews with Mary Gutierrez and
Dwayne Speer
(b) Customer Service Division Presentation
Presented by Stephanie Brock, Customer Service & Utility Billing Manager
6 - 15 (c) Code Amendment: Amending PMC 26.28 to Allow Administrative
Approval of Final Plats (MF# CA 2017-007)
16 - 56 (d) NPS Grant for Survey of African American Properties in Pasco (MF#
HIST 2018-001)
57 - 71 (e) Electronic Traffic Control
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
REMINDERS:
1. 5:00 p.m., Tuesday, April 24, TRAC – TRAC Advisory Board Meeting.
(COUNCILMEMBERS CRAIG MALONEY and SAUL MARTINEZ)
2. 7:30 a.m., Wednesday, April 25, 7130 W. Grandridge Blvd – Visit Tri-Cities Board
Page 1 of 71
Workshop Meeting April 23, 2018
Meeting. (COUNCILMEMBER PETE SERRANO, Rep.; CRAIG MALONEY,
Alt)
3. 4:30 p.m., Wednesday, April 25, 2525 N. 20th Avenue – The Red Lion Airport
Hotel Ribbon Cutting Ceremony. (MAYOR MATT WATKINS) (ALL
COUNCILMEMBERS INVITED TO ATTEND)
4. 4:00 p.m., Thursday, April 26, Springhill Suites, 7048 W. Grandridge – TRIDEC
Board Meeting. (COUNCILMEMBER DAVID MILNE, Rep.; CRAIG
MALONEY, Alt.)
5. 7:30 a.m., Friday, April 27, Richland City Council Chambers – Hanford
Communities Governing Board Meeting. (COUNC ILMEMBER SAUL
MARTINEZ, Rep.; MAYOR MATT WATKINS, Alt.)
6. 4:30 p.m., Friday, April 27, Toyota Center – Hispanic Academic Achievers
Program. (MAYOR MATT WATKINS, COUNCILMEMBERS CRAIG
MALONEY, SAUL MARTINEZ and DAVID MILNE)
7. 9:00 a.m., Saturday, April 28, Columbia Basin College, 2600 N. 20th Avenue –
2018 Emerge Latino Northwest Regional Conference Welcome Address. (MAYOR
MATT WATKINS)
8. 12:00 p.m., Wednesday, May 2, Richland Red Lion – TRIDEC Member Investor
Luncheon Meeting. (COUNCILMEMBERS RUBEN ALVARADO, BLANCHE
BARAJAS, CRAIG MALONEY and DAVID MILNE)
9. 6:30 p.m., Wednesday, May 2, 517 W. Lewis Street – Third Annual Noche
Cultural/Cultural Night. (ALL COUNCILMEMBERS INVITED TO ATTEND)
10. 5:30 p.m., Thursday, May 3, P&R Classroom – Parks & Recreation Advisory Board
Meeting. (COUNCILMEMBER DAVID MILNE, Rep.; SAUL MARTINEZ, Alt.)
11. 11:30 a.m., Friday, May 4, 4018 Nitinat Lane – Hayden Homes at Riverhawk Pointe
Ribbon Cutting Ceremony. (MAYOR MATT WATKINS) (ALL
COUNCILMEMBERS INVITED TO ATTEND)
12. 6:00 p.m., Friday, May 4, Downtown Pasco – Cinco de Mayo Night Parade. (ALL
COUNCILMEMBERS INVITED TO ATTEND)
13. 12:00 pm., Saturday, May 5, Pasco Farmers Market – Cinco de Mayo Festival.
(ALL COUNCILMEMBERS INVITED TO ATTEND)
14. 1:00 p.m., Sunday, May 6, Pasco Farmers Market – Tri-Cities Community Health
and the National Alliance for Hispanic Health, Family Health and Wellness Day
Welcome Address. (MAYOR MATT WATKINS) (ALL COUNCILMEMBERS
INVITED TO ATTEND)
The next meeting of the City Council will be held 7:00 p.m., Monday, May 7, 2018.
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Page 2 of 71
AGENDA REPORT
FOR: City Council April 19, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 4/23/18
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Code Enforcement Board Interviews
I. REFERENCE(S):
Resolution No. 3388
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Council to conduct brief informal interviews with Mary Gutierrez and Dwayne Speer
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Code Enforcement Board is composed of five members; terms are for four years.
The Board meets on the first Thursday of every month at 7:00pm in the City Hall
Council Chambers.
The Code Enforcement Board hears controversies regarding alleged violations of the
City code, particularly property maintenance standards.
There are three positions whose terms have expired:
1. Position No. 3 (currently Dwayne Speer)
2. Position No. 4 (currently James Rawlinson)
3. Position No. 5 (currently Mary Gutierrez)
The Council screening committee recommends that, as outlined in Ordinance No.
3388, the incumbent in Position No. 4 be reappointed without interview.
V. DISCUSSION:
After conduct of informal interviews at the April 23 Workshop meeting, it is proposed
that appropriate appointments be made by the Mayor, subject to confirmation by the
Page 3 of 71
Council, at the May 7 Business meeting.
Page 4 of 71
RESOLUTION NO. `
A RESOLUTION Providing a Process for Appointments to City Boards and
Commissions.
WHEREAS, the City of Pasco maintains several citizen advisory boards to assist the delivery of
municipal services as well as to advise the City Council in making various policy decisions; and
WHEREAS, the appointment process prescribed by the Pasco Municipal Code requires the Mayor
to appoint citizens to vacancies on such boards, subject to confirmation of the City Council; and
WHEREAS, the Mayor and City Council desire to establish an appointment process which is more
collaborative yet efficient for both the applicants and City Council alike;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES RESOLVES AS
FOLLOWS:
Section 1: Applications for city boards and commissions shall be solicited annually by the City
Manager on behalf of the City Council.
Section 2: All applications received by the City Manager shall be reviewed by a City Council
committee appointed by the Mayor; such committee, to be known as the "Appointment Screening
Committee," shall be ad-hoc, appointed annually, and consist of three members, including the Mayor. The
Appointment Screening Committee shall select those applicants it deems best suited for the respective
board/commission but not more than three applicants for each vacancy to be filled. The Appointment
Screening Committee shall consider the following factors in making their selections for further
consideration:
a) Geographic representation;
b) Gender representation;
c) Ethnic representation;
d) Familial and financial relationships of board members
Section 3: Those applicants selected by the Appointment Screening Committee shall be
interviewed by the City Council during a public meeting; provided, however, the Screening Committee may
recommend reappointment of an incumbent applicant without interview by the City Council if the incumbent
has •-- • - - -•served not more than two consecutive•
terms since the last interview. At a City Council meeting following such interview, an interviewed candidate
shall be selected by the Mayor for appointment to each vacancy. Any candidate selected by the Mayor shall
be subject to confirmation vote of the City Council; a majority vote of the quorum present at such meeting
shall be required to confirm the Mayor's appointments.
Section 4: Any prior resolutions of the City Council in conflict with the provisions of this
resolution shall be superseded by this resolution.
PAS D by the City Council ity of Pasco at its regular meeting this 16th day of April, 2012.
Matt Watkins, Mayor
T T: f APP'S AS TO FORM:
Debra Clark,City Clerk Leland B. Kerr, City Attorney
Page 5 of 71
AGENDA REPORT
FOR: City Council April 17, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 4/23/18
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Code Amendment: Amending PMC 26.28 to Allow Administrative Approval of
Final Plats (MF# CA 2017-007)
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Memo
Planning Commission Minutes Dated: 9/21/17 and 10/19/17
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
None to the City.
IV. HISTORY AND FACTS BRIEF:
On July 1, 2017 a revision to State law became effective amending RCW 58.17.100,
58.17.170, and 58.17.190 relating to the approval of final plats. The bill authorizes the
legislative body of a city to delegate final plat approval to a planning commission o r
other authorized administrative personnel. Currently, the City of Pasco’s review
process of the subdivision of land includes preliminary and final plat approval by the
City Council.
Per the current code, the Planning Commission conducts a hearing to review
preliminary plat proposals and conditions to ensure that the plat conforms to all
planning standards as established in the Pasco Municipal Code (PMC). The Planning
Commission subsequently makes a recommendation to City Council which the Council
may adopt, remand or reject. Once adopted the preliminary plat may proceed toward
development.
Page 6 of 71
As part of the final plat approval process, staff evaluates compliance with all applicable
codes and special conditions set by the City Council. Once staff has d etermined that
all conditions relating to the plat as previously determined by the City Council have
been satisfied, the plat is then scheduled for consideration of final approval by the City
Council.
The lag between staff's determination of compliance and the next available regular
meeting where Council can take action can be as long as three weeks. For the plat
developer, this wait time occurs during the period where carrying costs are at their
peak.
On September 21, 2017 the Planning Commission conducted a workshop to consider
amending PMC 26.28 to allow administrative approval of final plats as specified in the
attached proposed Code Amendment Ordinance. Subsequently, the Planning
Commission conducted a public hearing on October 19, 2017 to take public input
regarding this code amendment and to form a recommendation to City Council.
Following the conduct of a public hearing, the Planning Commission reasoned it would
be appropriate to recommend an ordinance amending PMC 26.28 (see attached
Ordinance) to allow for administrative approval of plat.
On November 13, 2017 this item was discussed at a City Council Workshop. It went
back to Council at a Regular meeting on November 20, 2017, but the Motion to adopt
the Ordinance failed. Subsequent conversations with multiple Councilmembers has led
to this matter being reintroduced for consideration.
V. DISCUSSION:
The revision to State law, the Planning Commission's recommendation and the
proposed ordinance offers an opportunity to expedite approval of final plats in a
manner that limits liability to the City, provides predictability to the public, lessens
time related carrying costs to the investors of the project and reducing costs passed on
to the end users without compromising the quality of the project.
For the reasons stated above, staff believes that administrative approval of final plats
will benefit the City, investors and potential end users of property being subdivided
through the platting process.
Staff requests Council discussion and direction on this issue.
Page 7 of 71
Ordinance – Amending PMC 26.28 - 1
ORDINANCE NO._____
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC Chapter 26.28 Allowing Administrative
Approval of Final Plats
WHEREAS, the development and approval of plats within the State of Washington are
governed by RCW 58.17; and
WHEREAS, local subdivision regulations including the City of Pasco subdivision
regulations within Title 26 of the Pasco Municipal must conform to RCW 58.17; and
WHEREAS, the State Legislature recently amended RCW 58.17 grant cities the option
of administratively approving final plat without City Council action; and
WHEREAS, PMC Title 26 currently contains provisions for administrative approval of
short plat ; and
WHEREAS, to provide for timely approvals of final plats the City Council hereby
exercises the option to authorize administrative approvals of final plats as authorized by RCW
58.17.100; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 26.28.010 of the Pasco Municipal Code entitled
“Application” shall be and hereby is amended and shall read as follows:
26.28.010 APPLICATION.
(1) Except as provided in subsection (2) below, a final plat meeting all of the
requirements of this Chapter shall be submitted to the City Council City Planner for approval
within seven (7) years of the date of the preliminary plat approval if the date of the preliminary
plat approval is was on or after January 1, 2008 but before December 31, 2014, and within five
(5) years of the date of preliminary plat approval, if the date of preliminary plat approval is was
on or after January 1, 2015.
(2) A final plat meeting all requirements of this Chapter shall be submitted to the City
Council City Planner for approval within ten (10) years of the date or preliminary plat approval if
the project is within the City limits, not subject to the requirements adopted under Chapter 90.48
RCW (Shoreline Management Plan), and the date of the preliminary plat approval is was on or
before December 31, 2007.
(3) The proposed final plat shall be submitted for recording purposes, together with
such supplementary information, certificates and bonds as may be required, to the City Planner at
least fifteen (15) days before the City Council meeting at which approval is sought.
Page 8 of 71
Ordinance – Amending PMC 26.28 - 2
(4) A complete application shall consist of the original signed, dated and stamped
mylar drawing of the subdivision with ten copies, a title certificate, applicable instrument
identified in 26.28.050 to cover the cost of outstanding improvements, and digital copy of the
final plat in a format specified by the City Engineer.
(3) A complete application for final plat approval shall consist of ten full sized, four
11x17 paper copies and an electronic copy of the plat. The paper copies together with such
supplementary information and certificates which may be required shall be submitted to the City
Planner at least twenty days prior to the date sought for final plat approval. Following written
notification of corrections or modifications necessary for the final plat, if any, the applicant shall
submit a signed, dated and stamped mylar drawing of the subdivision with an updated electronic
copy and the applicable bonding instrument as identified in 26.28.050. A bond will only be
needed if there are outstanding improvements to complete. (Ord. 4107, 2013; Ord. 4056, 2012;
Ord. 3398 Sec. 2, 1999.)
Section 2. That Section 26.28.030 (14) of the Pasco Municipal Code shall be and
hereby is amended and shall read as follows:
(14) Spaces for certificates or approvals of the following officials or agencies:
a) Mayor City Manager or Designee.
b) Chairman, City Planning Commission. City Planner.
c) City Engineer.
d) County Engineer (where applicable).
e) Franklin County P.U.D. or applicable utility provider.
f) Franklin County Irrigation District #1 (where applicable).
g) Benton Franklin Health District (where applicable).
h) County Assessor.
i) County Treasurer.
j) County Auditor. (Ord. 3398 Sec. 2, 1999.)
Section 3. That S ection 26.28.060 of the Pasco Municipal Code entitled “City
Council Approval” shall be and hereby is amended and shall read as follows:
26.28.060 CITY COUNCIL ADMINISTRATIVE APPROVAL. The final
approval of a plat is an administrative function not requiring action by the City Council.
City Council shall have sole authority to approve final plats. Such approval shall occur
Page 9 of 71
Ordinance – Amending PMC 26.28 - 3
by majority affirmative vote of the City Council during a regular City Council meeting.
A final plat shall only be approved if the City Council administrative review process
finds the subdivision proposed for final plat approval conforms to all terms of the
preliminary plat approval, and the said subdivision meets the requirements of Chapter
58.17 RCW, other applicable state laws and this title which requirements were in effect
on the date of submission of a fully completed preliminary plat application. The final
plat applicant may appeal a determination of the administrative review process by a
closed record appeal to the City Council pursuant to PMC 4.02.100. (Ord. 3398 Sec. 2,
1999.)
Section 4. That Section 26.28.070 of the Pasco Municipal Code entitled “Terms of
Approval” shall be and hereby is amended and shall read as follows:
26.28.070 TERMS OF APPROVAL.
(1) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect on the date of preliminary plat approval for a
period of seven (7) years after final plat approval if the date of the final plat approval is on or
before December 31, 2014; and for a period of five (5) years after the final plat approval if the
date of final plat approval is on or after January 1, 2015, unless the City Council finds through
the administrative approval process it is found that a change in conditions creates a serious threat
to the public health or safety in the subdivision. If a serious threat to public health and safety is
found the plat must be reviewed by the City Council.
(2) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect at the time of approval of the preliminary
plat for a period of ten (10) years after final plat approval if the project is located within the City
limits, not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline
Management Plan), and the date of the final plat approval is on before December 31, 2007,
unless the City Council finds through the administrative approval process it is found that a
change in conditions creates a serious threat to the public health or safety in the subdivision. If a
serious threat to public health and safety is found the plat must be reviewed by the City Council.
(Ord. 4107; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.)
Section 5. This Ordinance shall be in full force and effect five days after passage and
publication as required by law.
Page 10 of 71
Ordinance – Amending PMC 26.28 - 4
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this ____ day of _________________, 2018.
______________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ____________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 11 of 71
1
M E M O R A N D U M
DATE: October 19, 2017
TO: Planning Commission
FROM: Darcy Bourcier, Planner I
SUBJECT: Ordinance Amending PMC Chapter 26.28 Allowing Administrative
Approval of Final Plats (MF# CA2017-007)
Earlier this year in July the Senate passed a bill amending RCW 58.17.100,
58.17.170, and 58.17.190 which addresses the approval of final plats. The
bill authorizes the legislative body of a city to delegate final plat approval to a
planning commission or other authorized administrative personnel.
Currently, the City of Pasco’s review process of the subdivision of land
includes preliminary and final plat approval by the City Council.
According to the current code, the Planning Commission holds a hearing to
review a preliminary plat and ensure that the plat conforms to all planning
standards as established in the PMC. The Planning Commission subsequently
makes a recommendation to City Council which the Council may adopt or
reject. At the time of final plat approval, all issues related to zoning,
environmental impact, and building have been resolved.
Thus, staff believes that delegating final plat approval to the Planning
Director or City Manager would benefit both the City and applicants who
submit subdivision proposals by decreasing the review process by nearly two
weeks and eliminating a formality that has the potential to cause liability.
Staff has scheduled a public hearing for the Planning Commission meeting of
October 19, 2017.
Page 12 of 71
PLANNING COMMISSION MINUTES
9/21/17
WORKSHOP:
A. Code Amendment Ordinance Amending PMC Chapter 26.28
Allowing Administrative Approval of Final Plats
(MF# CA 2017-007)
Chairwoman Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the ordinance
amending PMC Chapter 26.28, allowing administrative approval of final plats.
Currently, preliminary plats come to the Planning Commission for public hearing,
then come back for deliberations and are then sent on to City Council for a
recommendation to approve or deny a preliminary plat with a number of conditions.
The applicant will have 5 years to fulfill those conditions based on the preliminary plat
approval. When it is complete, and they are often done in phases, the phases go to
City Council for approval. It is a pro-forma approval because at that stage everything
is complete. The improvements are constructed, conditions complied with and if the
improvements aren’t constructed, a bond is posted in case the developer walks from
the project the City can complete the public improvements, such as a road or park.
Up until July of 2017, State Law requires that final plat process to go through City
Council for approval but that has been changed to allow administrative approval of the
final plat. Staff has developed an ordinance that appears to change a lot in our
existing subdivision code but it actually changes very little. It clarifies some items and
allows administrative approval instead of City Council approval. The process the
Planning Commission is involved with won’t change at all and the City Council will
still be hearing the Commission’s recommendations on preliminary plats just as they
do now. But in 5 years from now when the plat is completed, City Council won’t be
involved should this code amendment be processed and approved.
Chairwoman Roach asked if this ordinance would take 5 years to be put into effect.
Mr. White replied that if it is approved it will go into effect when it is adopted by City
Council but it is an amendment to the subdivision code. The Planning Commission
should weigh in on what Council should do.
Chairwoman Roach said she would support the process to move more expediently as
there has been such requests from the public and applicants. This may help move
things along.
Mr. White added that once the preliminary plat is approved by Council they may not
see plat again and neither does the Planning Commission. When it does come back to
Council for final approval it’s on the consent agenda, it’s not even a hearing or
discussed. It would save 2-4 weeks of time at the end of the process when everything
is complete and the developer just needs approval which is what the state law was
Page 13 of 71
getting at.
Commissioner Portugal added that there needs to be a balance between expedience
and the process to make sure nothing backfires. While he understands there are
deadlines, he does want us to use caution to ensure the well-being of the residents.
Commissioner Greenaway said she agreed with Commissioner Portugal but the
problem is 5 years down the road when the project is complete that step in the process
should be quick.
Commissioner Bykonen reminded the Commission that once the plat is ready for final
approval by Council, it is put on the consent agenda and Council doesn’t even discuss
it and that has been her experience regardless of the jurisdiction.
Commissioner Alvarado asked if staff saw any drawbacks to the ordinance amending
the PMC.
Mr. White said no.
Commissioner Portugal discussed the process of cell towers and how it is decided for
the companies to disguise them, such as the pine tree cell tower on Road 68 and
Court Street or not disguise them as some other towers in the community. He asked if
it was possible to have a requirement for cell towers or to make older cell towers to
look more aesthetic.
Mr. White responded that as Commissioner Cruz once pointed out, that sometimes it
is site specific and a tower disguised as a tree may look good in one location but out of
place and worse in another location. At the same meeting where the cell tower
disguised as a pine tree was approved there was also a cell tower approved disguised
as a church steeple on top of a church. It is more of a location basis but the Planning
Commission weighs in on the decision.
Commissioner Alvarado asked if the item they were discussing the ordinance
amendment was for development of plats.
Mr. White replied yes and with the code amendment the Planning Commission
typically looks at it first at a workshop and then staff takes direction and makes any
necessary changes based on feedback and then schedule a hearing to come back to
the Planning Commission with a draft ordinance for a recommendation.
There were no further questions or comments.
Page 14 of 71
PLANNING COMMISSION MINUTES
10/19/17
PUBLIC HEARINGS:
G. Code Amendment Ordinance Amending PMC Chapter 26.28
Allowing Administrative Approval of Final Plats
(MF# CA 2017-007)
Chairman Cruz read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed
code amendment to PMC Chapter 26.28 which would allow administrative approval of
final plats. Mr. White explained that State law changed this past legislative session to
allow cities to delegate the authority to approve final plats to an administrative staff. It
was discussed at the September 21, 2017 Planning Commission meeting that when an
item finally proceeds to City Council for final plat approval, everything has been
fulfilled beforehand—the conditions have been developed, approved, and recorded. The
implementation of the approval is completed through the final plat process; a final plat
does not proceed to Council until it is done. Mr. White pointed out that staff sees it as
not only a way to decrease liability on behalf of the City, but also a way to increase
efficiency. This code amendment, he said, will eliminate a two to three week process of
getting a final plat to City Council for approval.
Mr. White proposed the Commission conduct the public hearing and recommend
approval to City Council.
Chairman Cruz asked for discussion, comments, or questions from the Commission
members. There were none.
Chairman Cruz opened the item for public hearing. There were no comments from the
audience, so Chairman Cruz closed the public hearing.
Commissioner Portugal moved, seconded by Commissioner Mendez, to close the public
hearing and recommend the City Council amend PMC 26.28 to allow administrative
approval of final plats. The motion passed unanimously.
Page 15 of 71
AGENDA REPORT
FOR: City Council April 18, 2018
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Workshop Meeting: 4/23/18
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: NPS Grant for Survey of African American Properties in Pasco (MF# HIST
2018-001)
I. REFERENCE(S):
Memo from Tanya Bowers - June 23, 2016
Grant Award Letter
Grant Award Press Release
Grant and Cooperative Agreement
Grant Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
No local grant match is required.
IV. HISTORY AND FACTS BRIEF:
In June of 2016, Ms. Tanya Bowers, in association with Dr. Robert Bauman, contacted
the City of Pasco Community & Economic Development Department with a proposal
to apply for and manage a National Parks Service (NPS) Underrepresented
Communities Grant.
Her initial request was for $49,100, but the City did not receive the grant. On behalf of
the City, Ms. Bowers subsequently re-applied and on December 27, 2017 the City was
awarded a $20,000 grant. In the interim the City received a $10,000 Certified Local
Government (CLG) Grant for the essentially same purpose. Council authorized the
execution of the CLG Grant in March of this year.
Page 16 of 71
Given that the City already received the $10k from the CLG Grant, this NPS Grant
would be used primarily for a more in-depth survey and two or more nominations for
the National Register of Historic Places (a minimum of two sites must be nominated to
the National Register of Historic Places within a year of the completion of the
grant).The survey objective is to document properties in East Pasco historically
associated with African Americans.
Staff will be required to put the grant out to bid for professional consultants.
V. DISCUSSION:
Underrepresented Community Grant projects include surveys and inventories of
historic properties associated with communities underrepresented in the National
Register of Historic Places. Projects can also include nominations to the National
Register for specific sites.
The objective of the grant is to provide historic preservation funding to city
governments in order to survey, inventory, and designate historic properties that are
associated with communities currently underrepresented in the National Register of
Historic Places and among National Historic Landmarks, as determined by the
National Park Service and the grantees.
The African Americans for Community, Cultural, and Education Success (AACCES)
have already identified 7 public and private sites (a school, a park, a bridge, a
commercial building, 3 churches) of significance.
Staff requests Council discussion and concurrence on this opportunity.
Page 17 of 71
1
Jeff Adams
From:Tanya Bowers <tanyabowers@att.net>
Sent:Thursday, June 23, 2016 11:21 PM
To:Rick White; Jeff Adams; Dave Zabell
Subject:National Parks Service Underrepresented Communities Grant Proposal for African-
American places in East Pasco
Attachments:2016 URC Fact Sheet (1).pdf; FY16FundingAnnouncementURC.pdf; City of Pasco
Underrepresented Community Grant Proposal.docx; Tanya Bowers Resume
062316.pdf; Robert Bauman Vita.pdf
Gentlemen,
It is with great pleasure that I am forwarding a proposal for documenting properties associated with African-American
heritage in East Pasco for the National Parks Service (NPS) Underrepresented Communities Grant Program.
Eearlier this week a NPS staff clarified for me that it is not necessary for a Certified Local Government to create an RFP if
awarded this grant; rather as much specificity as to how the project will be implemented strengthens an application. In
previous conversations with Rick and Jeff, I mentioned that I will take responsibility for managing this grant. I am attaching
resumes for myself and the professor from WSU Tri-Cities (Dr. Robert Bauman) who will play a role in the subsequent
surveying, inventorying, context preparing, and nominating of properties. Another WSU TC academic, Dr. Robert
Franklin, will follow shortly.
I am attaching the NPS grant description and FAQ for your reference, but you will see in the attached document, I have
included a description of each of the evaluation and selection criteria.
The current request if for $49,100 (between $15-50,000 will be awarded). No match is required this year in contrast to
prior years. The grant period is two years; within one year following the grant period, a minimum of one National Register
(NR) nomination must be submitted.
Following the Planning Commission meeting Rick asked that we include the NR nomination in the request, so I've
squeezed this into the project outputs. Technically it would also be possible to restrict this proposal to the surveying,
inventorying, and writing of a historic context. We could then apply for the NR nomination writing in a subsequent
Underrepresented Communities grant request for 2018. NPS has confirmed that this grant has also been budgeted for
2017 & 2018.
Dr. Bauman, with whom I have written this application, and I would prefer the latter, giving ourselves more time to
complete the grant deliverables; therefore, we would do the surveying and inventorying in Year 1, preparing the historic
context in Year 2, and completing the NR nomination in Year 3; however, the City of Pasco is the applicant, so we leave
the decision in your hands. Once again the attached application reflects the tighter time frame.
Rick and Jeff, hopefully the attachments include what you need to get this on the City Council's workshop agenda for this
Monday, but please let me know if you need anything else from me for this to happen. Just a reminder that the
application must be submitted electronically through grants.gov by July 15th.
I can't tell how excited this project is to my associates and everyone else I have spoken to about this opportunity
are. Over the weekend at the Juneteenth Celebration, Dave, Mayor Watkins, and Mayor Pro-Tem Francik witnessed how
this undertaking could be just the shot in the arm the local African-American community needs. In fact youth from all of
the Tri-Cities would benefit from this exercise in public history, not to mention good PR for Pasco. I'll get off of my soap
box. Your consideration is most appreciated.
Best,
Tanya
Tanya Bowers, M.A. tanyabowers@att.net 509.430.8772.
Page 18 of 71
United States Department of the Interior
NATIONAL PARK SERVICE
1849 C Street N.W.
Washington, DC 20240
H36(2256) December 27, 2017
Via email.
Mr. Rick White
Community & Economic Development Director
City of Pasco
P.O. Box 293
525 N. Third Avenue
Pasco, WA 99301-5320
Dear Mr. White:
Congratulations! As part of the Historic Preservation Fund's Underrepresented Communities
grant program to support diversity in identification of resources and listings the National
Register of Historic Places, your organization has been awarded $20,000.
Very soon you will receive documentation from our Underrepresented Communities Grants
Program staff lead, Vedet Coleman, regarding your grant award. She will serve as your grant
manager for this program. Our next step will be to prepare and send you a grant agreement that
you will need to sign and return. If you have any questions, please feel free to contact her
directly by phone at 202-354-2077 or by email at vedet_r_coleman@nps.gov.
Again, congratulations and we look forward to working with you on this very important
project. Enclosed, please find the press release from the Department of Interior that you may use
in announcing your grant award.
Respectfully,
Megan J. Brown
Chief, State, Tribal, Local Plans and Grants
National Park Service
Page 19 of 71
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Release Date: December 27, 2017
Contact: newsmedia@nps.gov
National Park Service Announces $500,000 in Grants to Support
Diversity in the National Register of Historic Places
WASHINGTON – The National Park Service announced today $500,000 in grants to help fund 13
projects across the country to increase the number of listings associated with communities that are
underrepresented on the National Register of Historic Places.
“The National Park Service is working with states, tribes, and local governments to help more people
connect with their history and explore America’s diverse stories,” Deputy Director Michael T.
Reynolds said. “These grants will fund projects that recognize and preserve places that will educate
and inspire future generations of Americans.”
The grants are funded through the Historic Preservation Fund using revenue from federal oil leases
on the Outer Continental Shelf. The fund provides assistance for a broad range of preservation
projects without expending tax dollars.
Projects supported by the grants include surveys and inventories of historic properties associated
with communities underrepresented in the National Register, as well as the development of
nominations to the National Register for specific sites.
Survey projects will identify underrepresented communities resources for future nominations in
Native American, African American, women’s, Asian American, and Latino American history and
culture in Alaska, Arizona, California, Kentucky, Maryland, New Jersey, Tennessee, Texas, Virginia,
and Washington.
Projects receiving an Underrepresented Communities grant include:
National Park Service News Release
Office of Communications
1849 C Street NW
Washington, DC 20240
202-208-6843 phone
www.nps.gov
National Park Service
U.S. Department of the Interior
Page 20 of 71
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Alaska
Igiugig Villiage - $43,479
The Igiugig Village Council is the federally recognized tribe and local governing body. The current
population is 70 residents, but the village is nestled within an archaeological district of at least 21
identified sites—most of them villages; together demonstrating at least 4,000 years of continual
occupation and use of the region. Only one site in the community, the Russian Orthodox Church
built in 1925, is in the National Register of Historic Places. The primary objective of the project is to
map, survey, and nominate “Old Igiugig” to the National Register of Historic Places. This will be
accomplished through conducting research about Old Igiugig, as well as interviewing community
members that are knowledgeable about the old village.
Alaska
State of Alaska Division of Parks & Outdoor Recreation - $48,668
The “<NN>” Cannery is situated on the south side of the Naknek River, one of the five major rivers
that constitute the Bristol Bay salmon fishery—Alaska’s largest and most sustainable commercial
fishery. The Indigenous Alaskans who worked at the cannery were descendants of Katmai people
and culturally connected to the Brooks River Area's Archeological District and National Historic
Landmark at Katmai National Park and Preserve. Despite their skill and labor, Native American and
Asian cannery workers existed in the shadows, ignored by writers, curators, even park rangers in the
popular narratives of Alaska’s most important salmon fishery. Grant activities will include compiling
the archival and primary research, and applying it towards the completion of a National Register
nomination.
Arizona
Arizona Department of Parks - $42,760
The Arizona Department of Parks nomination project will increase public awareness of Tucson’s
Spanish and Mexican American communities and their contributions to the American story, provide a
case study for using new technology and volunteers for collecting data and completing nomination
forms, and expand the national inventory of underrepresented communities listed as National
Historic Landmarks. The Underrepresented Communities grant funds will support the survey,
inventory, context study and statement of significance for a National Historic Landmark nomination
for Tucson’s Spanish/Mexican/American Barrio Viejo. The Landmark will encompass the National
Register listed Barrio Libre and areas of three adjacent National Register districts containing
resources similar/identical to those in Barrio Libre.
Page 21 of 71
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California
State of California - $41,872
The historic resources involved in the project are those resources that make up the missions that
were built along the El Camino Real, the California Mission Trail. The community affected by this
project is the Native Americans of California, specifically those groups that were involved with the
California Mission system. The grant funds from this program will be used to increase the number of
National Register nominations related to the California Mission System that include information
about Native American contributions to and effects on the system.
California
Pala Band of Mission Indians - $48,295
The Pala Band of Mission Indians is a federally recognized Native American Tribe that occupies a
12,273-acre reservation in northern San Diego County, California. The Pala Reservation is home to
a majority of the Band’s enrolled membership, which consists of Cupeños (Kuupangaxwichem) and
Luiseños (‘Atáaxum). The grant funds will assist the Pala Band of Mission Indians in nominating the
Blacktooth House and updating the Chokla component of the project on the National Register of
Historic Places.
Maryland
Maryland Department of Planning/Maryland Historical Trust - $30,500
As the nation approaches the 100th anniversary of women’s universal suffrage in the United States,
the State of Maryland will use grant funds to document and celebrate sites state-wide that are
associated with the civil rights movement for women. The primary objectives of the project are to
recognize and protect properties located within Maryland that are associated with the women’s
suffrage movement of the late nineteenth through early twentieth centuries. The project will result in:
1) the creation of 1-2 new individual National Register forms, 2) updates to five existing National
Register historic districts, 3) updates to 5 individual National Register forms, 4) the creation of 5-7
Maryland Inventory of Historic Properties (MIHP) forms and, 5) Addendums to 10-12 existing MIHP
forms. Resources in the following Maryland counties will be documented: Anne Arundel, Baltimore
City, Carroll, Dorchester, Frederick, Montgomery, Prince George’s, St. Mary’s, Talbot, and
Wicomico.
New Jersey
City of Paterson - $35,000
Through this award, the City of Paterson will focus on the African American experience in Paterson,
New Jersey. African Americans within Paterson are among the earliest groups of people in the
Page 22 of 71
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colonies and the new nation. The earliest stories of both slavery and abolition, including a role in the
Underground Railroad, are both deeply embedded in Paterson’s history. Four of New Jersey’s
UGRR routes ran through Passaic County, making Paterson a “well organized station.” Following in
this early-abolitionist past, Paterson played an integral role in the events of the 20th-century social
and civil rights movements related to the African American experience and America’s history. Funds
through the Underrepresented Communities grant will help the City of Paterson nominate four sites
to the State and National Registers of Historic Places.
Tennessee
City of Memphis- $45,000
The City of Memphis Division of Housing and Community Development has designated a 20- block
area as Memphis Heritage Trail (MHT) to celebrate the rich business, cultural and musical heritage
of African-American achievement. While the nation begins to commemorate the 50th anniversary of
the assassination of Dr. Martin Luther King, Jr., the City of Memphis recognizes the need for an in-
depth analysis and survey that can ultimately lead to recognition on historic registers and
designation as a historic district. Therefore, the Underrepresented Communities grant funds will help
locate, identify, and evaluate the sites, buildings, structures, material culture, and individuals that are
associated with the historical and socio-cultural development of the Memphis Heritage Trail area.
Texas
City of Austin - $43,200
The City of Austin will increase the awareness of historic preservation through National Register
historic district nominations in two historically significant African American and Hispanic
neighborhoods in East Austin. Through this nomination process results will include increased
awareness of what historic preservation is, how it helps recognize and save unique local history, and
how it can benefit historically underserved communities that are facing exceptionally high
development pressures. Tangible outcomes for this demonstration project include creating a gold-
standard protocol for future community engagement around historic designation efforts, stronger
collaborative partnerships between the City and community groups and institutions, and future local
district designation and National Register nominations.
Texas
County of Milam - $50,000
The project through the County of Milam, consists of the El Camino Real de los Tejas Ranchería
Grande National Register nominations. The project will enhance the Milam County Certified Local
Government (CLG) by recognizing the Spanish Colonial Historic Native Village Sites and Historic
Page 23 of 71
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Road and Trail Segments of El Camino Real de los Tejas National Historic Trail that comprise a
portion of Ranchería Grande. In particular, the Underrepresented Communities grant will prepare
National Register nominations for the Conner Swales Site, the Baumann Village Site, the Bird Point
Heaven Village Site, and the Wise Village Site. The County will also prepare the National Register
nomination of Ranchería Grande Archaeological District, as well as the National Register nomination
of Ranchería Grande Sites as contributing components of San Xavier Mission National Register
Archaeological District, and the National Register nomination of Ranchería Grande Sites as
contributing components of Historic Resources of El Camino Real de los Tejas National Historic
Trail.
Virginia
Virginia Department of Historic Resources - $34,486
The Rappahannock Chiefs’ House project will allow preparation of a National Register nomination
for the Chief Nelson House in Indian Neck, Virginia. The Chief Nelson House is the 20th-century
home of two Rappahannock Indian chiefs (father and then son) and the childhood home of a third.
Now a standing ruin and associated archaeological site, this house, which also contained a school
for Rappahannock children, served as the center of Rappahannock governance from the 1920s
through the 1980s and was the center of the Rappahannock struggle to preserve its identity in the
face of Jim Crow laws and Virginia’s Racial Integrity Act of 1924. Grant activities will help achieve
project objectives to complete the following tasks: (1) documentary research; (2) the collection of
oral history accounts; (3) architectural documentation of the standing structures; (4) Phase I and II
(identification and evaluation) archaeological testing; and (5) preparation and submission of the fully
completed nomination.
Washington
City of Pasco - $20,000
Grant funds will be used to study historic properties connected with the experience of the City of
Pasco’s African American communities and the increase to that population with the entry of the
United States into World War II. This project will examine they system of segregation that was
quickly established and the growth of the African American community in East Pasco through
historic context development; survey, and inventory of associated properties, and nomination of
properties to the National Register.
Washington
Suquamish Indian Tribe of the Port Madison Reservation - $16,470
Page 24 of 71
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The Old Man House historic property includes .86 acres of upland and beach and .62 acres of
productive tidelands that are held in trust by the United States government for the Suquamish Tribe
on the Port Madison Indian Reservation in central Puget Sound, Washington State. The land was
owned by the Washington State Parks and Recreation Commission from 1945 to 2005, when the
title was transferred to the Suquamish Tribe. Grant activities will update the National Register of
Historic Places listing for the Old Man House historic property, the mother village of the Suquamish
People.
www.nps.gov
About the National Park Service. More than 20,000 National Park Service employees care for
America's 417 national parks and work with communities across the nation to help preserve local
history and create close-to-home recreational opportunities. Visit us at www.nps.gov, on Facebook
www.facebook.com/nationalparkservice, Twitter www.twitter.com/natlparkservice, and YouTube
www.youtube.com/nationalparkservice.
Page 25 of 71
Page 26 of 71
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Grant and C00 erative gree e t
ESTIMATED COST
ITEM NO ITEMOR SERVICE (Include Specifications and Special Instructions)QU/\NT|TY UN|T
(B)(C)(0)
sign:O1
Number:15.904
S Number:009974598
7 HPF URC -CITY OF PASCO,WA
SPECIALIST:VEDET COLEMAN
iveryz 01/31/2019
livery Location Code 0009060778
ational Park Service
849 C Street NW
hington DC 20240 US
t Assignm:K G/L Account:6100.411G0
iness Area:P000 Commitment Item:411G0O Cost
ter:PPWOCRGRWA Functional Area
IHGHGHP.GR0000 Fund:178P5140HP Fund Center:
PWOCRGRWA Project/WBS:PX.GCRGRl7UB.00.l PR Acct
eriod of Performance:02/01/2017 to 01/31/2019
00010 7 URC AFRICAN AMERIAN SITES PASCO WA
igated Amount:$20,000.00
total amount of award:$20,000.00.The
igation for this award is $20,000.00.
UNITPRICE
(E)
AMOUNT
F
20,000.00
Page 27 of 71
Grant Agreement [P18AP00010]
[02/01/2018]
Page 1 of 29
Grant Agreement
P18AP00010
Between
THE UNITED STATES DEPARTMENT OF INTERIOR
NATIONAL PARK SERVICE
AND
CITY OF PASCO, WA
DUNS No: 009974598
CFDA: 15.904
Project Title: Under Represented Community Grants
Amount of Federal Funds Obligated: $20,000
Total Amount of Award: $20,000
Period of Performance: February 1, 2017 to January 31, 2019
This Grant Agreement is entered into by the U.S. Department of the Interior, National Park
Service (NPS), and the City of Pasco, WA.
ARTICLE I – BACKGROUND AND OBJECTIVES
The objective of this Agreement is to provide Historic Preservation Funding (HPF) to State
Governments, Native American Tribal Governments (Federally recognized), City or Township
Governments, and County Governments to survey, inventory, and designate historic properties
that are associated with communities currently underrepresented in the National Register of
Historic Places and among National Historic Landmarks, as determined by the National Park
Service and the grantees. The grant activities should assist grantees in executing their historic
preservation programs and activities pursuant to 54 U.S.C. 300101 et seq. (commonly known as
the National Historic Preservation Act).
ARTICLE II – AUTHORITY
NPS enters into this Agreement pursuant to:
National Historic Preservation Act (NHPA), 54 U.S.C 300.101 et. sq.
Historic Preservation Fund Grants Manual, 2007
Public Law: 114.113
NOTE: Most of NPS legal authorizes have moved from 16 U.S.C., Title 16 to 54 U.S.C. – all
reference and some language has changed.
The new 54 U.S.C. can be found at the following link.
Page 28 of 71
Grant Agreement [P18AP00010]
[02/01/2018]
Page 2 of 29
http://U.S.C.ode.house.gov/codification/t54/bill.pdf
ARTICLE III – STATEMENT OF WORK
A. The Statement of work to be performed in accordance with the Secretary of the Interior’s
Standards and Guidelines for Historic Preservation and Archeology to include:
1.) Survey and inventory of City of Pasco, WA African American locations for National
Register nomination;
2.) Context Statement;
3.) Two Nominations; and
4.) Obtain owner permission for any property slated for nomination. Please submit
written documentation of owner’s permission to the NPS.
B. No substantial involvement on the part of the NPS is anticipated for the successful
completion of the statement of work detailed in this award. It is anticipated that involvement
will be limited to actions related to monitoring project performance, technical assistance at
the request of the recipient
ARTICLE IV – TERM OF AGREEMENT
The terms and conditions of this agreement will become effective upon the grantee’s first
withdraw of funds from the Federal grant payment account covering this grant agreement.
The period of performance for this agreement is February 1, 2017 through January 31, 2019.
Eligible allowable costs incurred under this grant agreement prior to the effective date of the
grant, but not prior to February 1, 2017 are eligible for reimbursement.
ARTICLE V – KEY OFFICIALS
A. Key officials are essential to ensure maximum coordination and communications between
the parties and the work being performed. They are:
1. For the NPS:
Awarding Officer (AO):
Megan J. Brown
Chief, State, Tribal, Local Plans & Grants
National Park Service
State, Tribal, Local Plans & Grants
1201 Eye Street NW (2256)
Page 29 of 71
Grant Agreement [P18AP00010]
[02/01/2018]
Page 3 of 29
Washington, DC 20005
202-354-2062
202-371-1794
megan_brown@nps.gov
Agreement Technical Representative (ATR)/Grant Manager:
Grants Administrator
National Park Service
State, Tribal, Local Plans & Grants
1201 Eye Street NW (2256)
Washington, DC 20005
202-354-2020 (T)
202-371-1794 (F)
preservation_grants_info@nps.gov
2. For the Recipient:
City of Pasco, WA
ATTN Government POC
Community & Economic Development Director
P.O. Box 293
525 N. Third Avenue
Pasco, WA 99301-5320
509-528-4143
whiter@pasco-wa.gov
B. Communications. Recipient shall address any communication regarding this Agreement
to the assigned NPS ATR/Grant Manger with a copy to the AO. Communications that
relate solely to technical matters may be sent only to the ATR/Grant Manager. The
grantee agrees to maintain close liaison with the NPS throughout the grant period. NPS
reserves the right to request meetings, upon reasonable notice, with grantee project staff
at intervals during the course of project work. The grantee agrees to promptly notify the
NPS should any of the following conditions become known to it:
a. Problems, delays, or adverse conditions that will materially affect the ability of
the grantee (or its subcontractors, if any) to attain project objectives, prevent the
project from meeting planned timetables, or preclude the completion of approved
work;
b. The need for adjustment (revision) to the project budget; and
c. The lack of nonfederal matching share to meet requirements of this Grant
Agreement (if applicable).
C. Changes in Key Officials. Neither the NPS nor Recipient may make any permanent
change in a key official without written notice to the other party reasonably in advance of
the proposed change. The notice will include a justification with sufficient detail to
Page 30 of 71
Grant Agreement [P18AP00010]
[02/01/2018]
Page 4 of 29
permit evaluation of the impact of such a change on the scope of work specified within
this Agreement. Any permanent change in key officials will be made only by
modification to this Agreement.
ARTICLE VI – AWARD AND PAYMENT
A. NPS will provide funding to the Recipient in an amount not to exceed $20,000 for the
Statement of Work described in Article III and in accordance with the NPS approved
budget by attachment. Any award beyond $20,000 is subject to availability of funds.
The approved Work/Cost Budget is summarized as follows:
Line Item Federal Share Total
Consultants $20,000 $20,000
Total $20,000 $20,000
B. Recipient shall request payment in accordance with the following:
1. Method of Payment. Payment will be made by advance and/or reimbursement
through the Department of Treasury’s Automated Standard Application for
Payments (ASAP) system.
2. Requesting Advances. Requests for advances must be submitted via the ASAP
system. Requests may be submitted as frequently as required to meet the needs of
the Financial Assistance (FA) Recipient to disburse funds for the Federal share of
project costs. If feasible, each request should be timed so that payment is received
on the same day that the funds are dispersed for direct project costs and/or the
proportionate share of any allowable indirect costs. If same–day transfers are not
feasible, advance payments must be as close to actual disbursements as
administratively feasible.
3. Requesting Reimbursement. Requests for reimbursements must be submitted
via the ASAP system. Requests for reimbursement should coincide with normal
billing patterns. Each request must be limited to the amount of disbursements
made for the Federal share of direct project costs and the proportionate share of
allowable indirect costs incurred during that billing period.
4. Adjusting Payment Requests for Available Cash. Funds that are available from
repayments to, and interest earned on, a revolving fund, program income, rebates,
refunds, contract settlements, audit recoveries, credits, discounts, and interest
earned on any of those funds must be disbursed before requesting additional cash
payments.
Page 31 of 71
Grant Agreement [P18AP00010]
[02/01/2018]
Page 5 of 29
5. Bank Accounts. All payments are made through electronic funds transfer to the
bank account identified in the ASAP system by the FA Recipient.
6. Supporting Documents and Agency Approval of Payments. Additional
supporting documentation and prior NPS approval of payments may be required
when/if a FA Recipient is determined to be “high risk” or has performance issues.
If prior Agency payment approval is in effect for an award, the ASAP system will
notify the FA Recipient when they submit a request for payment. The Recipient
must then notify the NPS AO and ATR that a payment request has been
submitted. The NPS may request additional information from the Recipient to
support the payment request prior to approving the release of funds, as deemed
necessary. The FA Recipient is required to comply with these requests.
Supporting documents may include invoices, copies of contracts, vendor quotes,
and other expenditure explanations that justify the reimbursement requests.
C. In order to receive a financial assistance award and to ensure proper payment, it is
required that Recipient maintain their registration with the System for Award
Management (SAM), accessed at http://www.sam.gov. Failure to maintain registration
can impact obligations and payments under this Agreement and/or any other financial
assistance or procurements documents the Recipient may have with the Federal
government.
D. Any award beyond the current fiscal year is subject to availability of funds; funds may be
provided in subsequent fiscal years if project work is satisfactory and funding is
available.
E. Allowable and Eligible Costs. Expenses charged against awards under the Agreement
may not be incurred prior to the Period of Performance start date of the Agreement, and
may be incurred only as necessary to carry out the approved objectives, scope of work
and budget with prior approval from the NPS AO. The Recipient shall not incur costs or
obligate funds for any purpose pertaining to the operation of the project, program, or
activities beyond the Period of Performance end date stipulated in the award.
F. Travel Costs. For travel costs charged against awards under the Agreement, costs
incurred must be considered reasonable and otherwise allowable only to the extent such
costs do not exceed charges normally allowed by the Recipient in its regular operations as
the result of the Recipient’s written travel policy. If the Recipient does not have written
travel policies established, the Recipient and its contractors shall follow the travel
policies in the Federal Travel Regulation, and may not be reimbursed for travel costs that
exceed the standard rates. All charges for travel must conform to the applicable cost
principles.
G. Indirect Costs. Indirect costs will not be allowable charges against the award unless
specifically included as a line item in the approved budget incorporated into the award.
And a copy of the Federally approved Indirect Cost Rate is on file.
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Grant Agreement [P18AP00010]
[02/01/2018]
Page 6 of 29
H. Recipient Cost Share or Match. Minimum required non-Federal matching approved for
this project is $0. Any non–Federal share, whether in cash or in–kind, is expected to be
paid out at the same general rate as the Federal share. Exceptions to this requirement may
be granted by the AO based on sufficient documentation demonstrating previously
determined plans for or later commitment of cash or in–kind contributions. In any case,
the Recipient must meet their cost share commitment over the life of the award.
ARTICLE VII – PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions, in accordance with 2
CFR 200.308 and the Historic Preservation Fund Grants Manual.
ARTICLE VIII – INSURANCE AND LIABILITY
A. Insurance. The recipient shall be required to (1) obtain liability insurance or (2)
demonstrate present financial resources in an amount determined sufficient by the Government
to cover claims brought by third parties for death, bodily injury, property damage, or other loss
resulting from one or more identified activities carried out in connection with this financial
assistance agreement.
B. Insured. The federal government shall be named as an additional insured under the
recipient's insurance policy.
C. Indemnification. The recipient hereby agrees to indemnify the federal government, NPS
or from any act or omission of the Recipient, its officers, employees, or (members, participants,
agents, representatives, agents as appropriate), (1) against third party claims for damages arising
from one or more identified activities carried out in connection with this financial assistance
agreement and (2) for damage or loss to government property resulting from such an activity.
This obligation shall survive the termination of this Agreement.
To purchase public and employee liability insurance at its own expense from a responsible
company or companies with a minimum limitation of one million dollars ($1,000,000) per
person for anyone claim, and an aggregate limitation of three million dollars ($3,000,000) for
any number of claims arising from any one incident. The policies shall name the United States as
an additional insured, shall specify that the insured shall have no right of subrogation against the
United States for payments of any premiums or deductibles due thereunder, and shall specify that
the insurance shall be assumed by, be for the account of, and be at the insured's sole risk. Prior to
beginning the work authorized herein, [Recipient Name] shall provide the NPS with
confirmation of such insurance coverage.
To pay the United States the full value for all damage to the lands or other property of the United
States caused by the Recipient, its officers, employees, or representatives].
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To provide workers' compensation protection to the Recipient, its officers, employees, and
representatives.
To cooperate with NPS in the investigation and defense of any claims that may be filed with
NPS arising out of the activities of the Recipient, its agents, and employees.
In the event of damage to or destruction of the buildings and facilities assigned for the use of the
Recipient in whole or in part by any cause whatsoever, nothing herein contained shall be deemed
to require NPS to replace or repair the buildings or facilities. If NPS determines in writing, after
consultation with the Recipient that damage to the buildings or portions thereof renders such
buildings unsuitable for continued use by the Recipient, NPS shall assume sole control over such
buildings or portions thereof If the buildings or facilities rendered unsuitable for use are essential
for conducting operations authorized under this Agreement, then failure to substitute and assign
other facilities acceptable to the Recipient will constitute termination of this Agreement by NPS.
D. Flow–down: For the purposes of this clause, "recipient" includes such sub–recipients,
contractors, or subcontractors as, in the judgment of the recipient and subject to the
Government's determination of sufficiency, have sufficient resources and/or maintain adequate
and appropriate insurance to achieve the purposes of this clause.
ARTICLE IX – REPORTS AND/OR DELIVERABLES
A. Specific projects, tasks or activities for which funds are reimbursed and/or advanced will
be tracked and reported by semi-annual submission of a SF–425 Federal Financial Report
(FFR) and Performance Report.
1. The following reporting period end dates shall be used for interim reports:
04/30/2018, 10/31/2018 and every six months thereafter. Interim reports shall be
submitted no later than 30 days after the end of each reporting period.
2. A final SF–425 and Performance Report shall be submitted at the completion of
the Agreement (04/30/2019). For final the SF–425 and Performance Report, the
reporting period end date shall be the Period of Performance end date of the
agreement. Annual and final reports shall be submitted no later than 90 days after
the Performance Period end date. All reports shall be submitted via email to the
NPS ATR/Grants Manager with a copy to the NPS AO via email.
3. Upon completing the draft National Register Nomination, please submit the
document to your Grant Manager for review. Please do not submit the final
nomination to the National Park Service or your respective State Historic
Preservation Officer without submitting the draft to the National Park
Service for review and approval.
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B. The Secretary of the Interior and the Comptroller General of the United States, or their
duly authorized representatives, will have access, for the purpose of financial or
programmatic review and examination, to any books, documents, papers, and records that
are pertinent to the Agreement at all reasonable times during the period of retention in
accordance with 2 CFR 200.333.
C. Deliverables/ Publications. The grantee must include acknowledgment of grant support
from the Historic Preservation Fund of the National Park Service, Department of Interior,
and a nondiscrimination statement in all publications and videos assisted with grant
monies and/or concerning NPS grant-supported activities. At least two digital copies of
any publications or video concerning NPS grant-assisted activities, or published with
NPS grant assistance, must be furnished to the NPS Grant Awarding Official within 30
calendar days of publication. All publications, audio, must contain the following
disclaimer and acknowledgement of NPS support: "This material is based upon work
assisted by a grant from the Historic Preservation Fund, National Park Service,
Department of the Interior. Any opinions, findings, and conclusions or recommendations
expressed in this material are those of the author(s) and do not necessarily reflect the
views of the Department of the Interior." All consultants hired by the grantee must be
informed of this requirement. The National Park Service shall have a royalty-free right to
republish any published material generated by this grant.
ARTICLE X – PROPERTY UTILIZATION
All tools, equipment, and facilities furnished by NPS will be on a loan basis. Tools, equipment
and facilities will be returned in the same condition received except for normal wear and tear in
project use. Property management standards set forth in 2 CFR 200.310 through 200.316 applies
to this Agreement.
ARTICLE XI – MODIFICATION, REMEDIES FOR NONCOMPLIANCE
TERMINATION
A. This Agreement may be modified only by a written instrument executed by the parties.
Modifications will be in writing and approved by the NPS AO and the authorized
representative of Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is
non–compliant to the terms and conditions of this agreement. Remedies for
Noncompliance can be found in 2 CFR 200.338.
C. This Agreement may be terminated consistent with applicable termination provisions for
Agreements found in 2 CFR 200.339 through 200.342.
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ARTICLE XII – GENERAL AND SPECIAL PROVISIONS
A. General Provisions
1. OMB Circulars and Other Regulations. The following Federal regulations are
incorporated by reference into this Agreement (full text can be found at
http://www.ecfr.gov:
a) Administrative Requirements:
2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, in its entirety;
b) Determination of Allowable Costs:
2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Subpart E; and
c) Audit Requirements:
2 CFR, Part 200 – Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Subpart F.
d) Code of Federal Regulations/Regulatory Requirements:
2 CFR Part 182 & 1401, “Government–wide Requirements for a Drug–Free
Workplace”;
2 CFR 180 & 1400, “Non–Procurement Debarment and Suspension”, previously
located at 43 CFR Part 42, “Governmentwide Debarment and Suspension
(NonProcurement)”;
43 CFR 18, “New Restrictions on Lobbying”;
2 CFR Part 175, “Trafficking Victims Protection Act of 2000”;
FAR Clause 52.203–12, Paragraphs (a) and (b), Limitation on Payments to
Influence Certain Federal Transactions;
2 CFR Part 25, System for Award Management (www.SAM.gov) and Data
Universal Numbering System (DUNS); and
2 CFR Part 170, “Reporting Subawards and Executive Compensation”.
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2. Non–Discrimination. All activities pursuant to this Agreement shall be in
compliance with the requirements of Executive Order 11246, as amended; Title VI of
the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42 U.S.C. §§2000d et seq.);
Title V, Section 504 of the Rehabilitation Act of 1973, as amended, (87 Stat. 394; 29
U.S.C. §794); the Age Discrimination Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et
seq.); and with all other federal laws and regulations prohibiting discrimination on
grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or
sex.
3. Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as
amended by Public Law 107–273, Nov. 2, 2002 – No part of the money appropriated
by any enactment of Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any personal service,
advertisement, telegram, telephone, letter, printed or written matter, or other device,
intended or designed to influence in any manner a Member of Congress, a
jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or
otherwise, any legislation, law, ratification, policy, or appropriation, whether before
or after the introduction of any bill, measure, or resolution proposing such legislation,
law, ratification, policy, or appropriation; but this shall not prevent officers or
employees of the United States or of its departments or agencies from communicating
to any such Members or official, at his request, or to Congress or such official,
through the proper official channels, requests for legislation, law, ratification, policy,
or appropriations which they deem necessary for the efficient conduct of the public
business, or from making any communication whose prohibition by this section
might, in the opinion of the Attorney General, violate the Constitution or interfere
with the conduct of foreign policy, counter–intelligence, intelligence, or national
security activities. Violations of this section shall constitute violations of section
1352(a) of title 31. In addition to the above, the related restrictions on the use of
appropriated funds found in Div. F, § 402 of the Omnibus Appropriations Act of 2008
(P.L. 110–161) also apply.
4. Anti–Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this
Agreement shall be construed as binding the NPS to expend in any one fiscal year
any sum in excess of appropriations made by Congress, for the purposes of this
Agreement for that fiscal year, or other obligation for the further expenditure of
money in excess of such appropriations.
5. Minority Business Enterprise Development. Pursuant to Executive Order 12432 it
is national policy to award a fair share of contracts to small and minority firms. NPS
is strongly committed to the objectives of this policy and encourages all recipients of
its Grant Agreements to take affirmative steps to ensure such fairness by ensuring
procurement procedures are carried out in accordance with the Executive Order.
6. Assignment. No part of this Agreement shall be assigned to any other party without
prior written approval of the NPS and the Assignee.
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7. Member of Congress. Pursuant to 41 U.S.C. § 22, no Member of Congress shall be
admitted to any share or part of any contract or agreement made, entered into, or
adopted by or on behalf of the United States, or to any benefit to arise thereupon.
8. Agency. The Recipient is not an agent or representative of the United States, the
Department of the Interior, NPS, or the Park, nor will the Recipient represent its self
as such to third parties. NPS employees are not agents of the Recipient and will not
act on behalf of the Recipient.
9. Non–Exclusive Agreement. This Agreement in no way restricts the Recipient or
NPS from entering into similar agreements, or participating in similar activities or
arrangements, with other public or private agencies, organizations, or individuals.
10. Survival. Any and all provisions which, by themselves or their nature, are reasonably
expected to be performed after the expiration or termination of this Agreement shall
survive and be enforceable after the expiration or termination of this Agreement. Any
and all liabilities, actual or contingent, which have arisen during the term of and in
connection with this Agreement shall survive expiration or termination of this
Agreement.
11. Partial Invalidity. If any provision of this Agreement or the application thereof to
any party or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this Agreement or the application of such provision to the parties or
circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
12. Captions and Headings. The captions, headings, article numbers and paragraph
numbers appearing in this Agreement are inserted only as a matter of convenience
and in no way shall be construed as defining or limiting the scope or intent of the
provision of this Agreement nor in any way affecting this Agreement.
13. No Employment Relationship. This Agreement is not intended to and shall not be
construed to create an employment relationship between NPS and Recipient or its
representatives. No representative of Recipient shall perform any function or make
any decision properly reserved by law or policy to the Federal government.
14. No Third–Party Rights. This Agreement creates enforceable obligations between
only NPS and Recipient. Except as expressly provided herein, it is not intended nor
shall it be construed to create any right of enforcement by or any duties or obligation
in favor of persons or entities not a party to this Agreement.
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15. Foreign Travel. The Recipient shall comply with the provisions of the Fly America
Act (49 U.S.C. 40118). The implanting regulations of the Fly America Act are found
at 41 CFR 301–10.131 through 301–10.143.
a) Special Provisions
1) Public Information and Endorsements
a) Recipient shall not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures, press releases, speeches, still and motion
pictures, articles, manuscripts or other publications) which states or implies
governmental, Departmental, bureau, or government employee endorsement of a
business, product, service, or position which the Recipient represents. No release
of information relating to this award may state or imply that the Government
approves of the Recipient’s work products, or considers the Recipient’s work
product to be superior to other products or services.
b) All information submitted for publication or other public releases of information
regarding this project shall carry the following disclaimer.
c) The views and conclusions contained in this document are those of the authors
and should not be interpreted as representing the opinions or policies of the U.S.
Government. Mention of trade names or commercial products does not constitute
their endorsement by the U.S. Government.
d) Recipient must provide a digital copy of any public information releases
concerning this award that refer to the Department of the Interior, National Park
Service, or Historic Preservation Fund. Specific text, layout photographs, etc. of
the proposed release may be submitted for prior approval.
e) As stipulated in 36 CFR Part 800, public views and comments regarding all
Federally-funded undertakings on historic properties must be sought and
considered by the authorizing Federal agency. Therefore, the grantee is required
to post a press release regarding the undertaking under this grant in one or more
of the major newspapers or news sources that cover the area affected by the
project within 30 days of receiving the signed grant agreement. A copy of the
posted release must be submitted to NPS within 30 days of the posting.
f) The grantee must transmit notice of any public ceremonies planned to publicize
the project or its results in a timely enough manner so that NPS, Department of
the Interior, Congressional or other Federal officials can attend if desired.
g) Recipient further agrees to include this provision in a subaward to a subrecipient,
except for a subaward to a State government, a local government, or to a federally
recognized Indian tribal government.
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2) Publications of Results of Studies. No party will unilaterally publish a joint
publication without consulting the other party. This restriction does not apply to
popular publications of previously published technical matter. Publications pursuant
to this Agreement may be produced independently or in collaboration with others;
however, in all cases proper credit will be given to the efforts of those parties
contribution to the publication. In the event no agreement is reached concerning the
manner of publication or interpretation of results, either party may publish data after
due notice and submission of the proposed manuscripts to the other. In such
instances, the party publishing the data will give due credit to the cooperation but
assume full responsibility for any statements on which there is a difference of
opinion.
3) Rights in Data. The Recipient must grant the United States of America a royalty–
free, non–exclusive and irrevocable license to publish, reproduce and use, and dispose
of in any manner and for any purpose without limitation, and to authorize or ratify
publication, reproduction or use by others, of all copyrightable material first produced
or composed under this Agreement by the Recipient, its employees or any individual
or concern specifically employed or assigned to originate and prepare such material.
4) Retention and Access Requirements for Records. All Recipient financial and
programmatic records, supporting documents, statistical records, and other grants–
related records shall be maintained and available for access in accordance with 2 CFR
Part 200.333–200.337 and the Historic Preservation Fund Grants Manual.
5) Audit Requirements
a) Non–Federal entities that expend $750,000 or more during a year in Federal
awards shall have a single or program–specific audit conducted for that year in
accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501–
7507) and2 CFR Part 200, Subpart F , which is available at
http://www.ecfr.gov/cgi–bin/text–
idx?SID=fd6463a517ceea3fa13e665e525051f4&node=sp2.1.200.f&rgn=div6
b) Non–Federal entities that expend less than $750,000 for a fiscal year in Federal
awards are exempt from Federal audit requirements for that year, but records must
be available for review or audit by appropriate officials of the Federal agency,
pass–through entity, and General Accounting Office (GAO).
c) Audits shall be made by an independent auditor in accordance with generally
accepted government auditing standards covering financial audits. Additional
audit requirements applicable to this agreement are found at 2 CFR Part 200,
Subpart F, as applicable. Additional information on single audits is available from
the Federal Audit Clearinghouse at http://harvester.census.gov/sac/ .
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6) Procurement Procedures. It is a national policy to place a fair share of purchases
with minority business firms. The Department of the Interior is strongly committed to
the objectives of this policy and encourages all recipients of its grants and cooperative
agreements to take affirmative steps to ensure such fairness. Positive efforts shall be
made by recipients to utilize small businesses, minority–owned firms, and women's
business enterprises, whenever possible. Recipients of Federal awards shall take all of
the following steps to further this goal:
a) Ensure that small businesses, minority–owned firms, and women's business
enterprises are used to the fullest extent practicable.
b) Make information on forthcoming opportunities available and arrange time
frames for purchases and contracts to encourage and facilitate participation by
small businesses, minority–owned firms, and women's business enterprises.
c) Consider in the contract process whether firms competing for larger contracts
intend to subcontract with small businesses, minority–owned firms, and women's
business enterprises.
d) Encourage contracting with consortiums of small businesses, minority–owned
firms and women's business enterprises when a contract is too large for one of
these firms to handle individually.
e) Use the services and assistance, as appropriate, of such organizations as the Small
Business Development Agency in the solicitation and utilization of small
business, minority–owned firms and women's business enterprises.
7) Prohibition on Text Messaging and Using Electronic Equipment Supplied by the
Government while Driving. Executive Order 13513, Federal Leadership On
Reducing Text Messaging While Driving, was signed by President Barack Obama on
October 1. This Executive Order introduces a Federal Government–wide prohibition
on the use of text messaging while driving on official business or while using
Government–supplied equipment. Additional guidance enforcing the ban will be
issued at a later date. In the meantime, please adopt and enforce policies that
immediately ban text messaging while driving company–owned or –rented vehicles,
government–owned or leased vehicles, or while driving privately owned vehicles
when on official government business or when performing any work for or on behalf
of the government.
8) Seat Belt Provision. The Recipient is encouraged to adopt and enforce on–the–job
seat belt use policies and programs for their employees when operating company–
owned, rented, or personally owned vehicles. These measures include, but are not
limited to, conducting education, awareness, and other appropriate programs for their
employees about the importance of wearing seat belts and the consequences of not
wearing them.
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9) Trafficking in Persons. This term of award is pursuant to paragraph (g) of Section
106 of the Trafficking Victims Protections Act of 2000, as amended (2 CFR
§175.15).
a) Provisions applicable to a recipient that is a private entity.
1. You as the Recipient, your employees, subrecipients under this award, and
subrecipients’ employees may not–
i. Engage in severe forms of trafficking in persons during the period of
time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is
in effect; or
iii. Use forced labor in the performance of the award or subawards under
the award.
2. We as the Federal awarding agency may unilaterally terminate this award,
without penalty, if you or a subrecipient that is a private entity–
i. Is determined to have violated a prohibition in paragraph a.1 of this
award term; or
ii. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a.1 of
this award term through conduct that is either:
a. Associated with performance under this award: or
b. Imputed to you or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization
that are provided in 2 CFR part 180, “OMB Guidelines to Agencies
on Governmentwide Debarment and Suspension
(NonProcurement),” as implemented by our agency at 2 CFR part
1400.
b) Provision applicable to a recipient other than a private entity. We as the Federal
awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity–
1. Is determined to have violated an applicable prohibition in paragraph a.1 of
this award term; or
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2. Has an employee who is determined by the agency official authorized to
terminate the award to have violated an applicable prohibition in paragraph
a.1 of this award term through conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR part 180, “OMB Guidelines to Agencies on
Governmentwide Debarment and Suspension (NonProcurement),” as
implemented by our agency at 2 CFR part 1400.
c) Provisions applicable to any recipient.
1. You must inform us immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award
term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of
this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available
to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in
any subaward you make to a private entity.
d) Definitions. For purposes of this award term:
1. “Employee” means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this awards; or
ii. Another person engaged in the performance of the project or program
under this award and not compensated by you including, but not limited
to, a volunteer or individual whose services are contributed by a third
party as an in–kind contribution toward cost sharing or matching
requirements.
2. “Forced labor” means labor obtained by any of the following methods: The
recruitment, harboring, transportation, provision, or obtaining of a person
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for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
3. “Private entity” means:
i. Any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25; and
ii. Includes:
a. A nonprofit organization, including any nonprofit institution of
higher education, hospital, or tribal organization other than one
included in the definition of Indian tribe at 2 CFR 175.25(b).
b. A for–profit organization.
4. “Severe forms of trafficking in persons,” “commercial sex act,” and
“coercion” have the meanings given at section 103 of the TVPA, as
amended (22 U.S.C. 7102).
10) Recipient Employee Whistleblower Rights and Requirement to Inform
Employees of Whistleblower Rights
a) This award and employees working on this financial assistance agreement will
be subject to the whistleblower rights and remedies in the pilot program on
Award Recipient employee whistleblower protections established at 41 U.S.C.
4712 by section 828 of the National Defense Authorization Act for Fiscal Year
2013 (Pub. L. 112–239).
b) The Award Recipient shall inform its employees in writing, in the predominant
language of the workforce, of employee whistleblower rights and protections
under 41 U.S.C. 4712.
c) The Award Recipient shall insert the substance of this clause, including this
paragraph (c), in all subawards or subcontracts over the simplified acquisition
threshold, 42 CFR § 52.203–17 (as referenced in 42 CFR § 3.908–9).
11) Reporting Subawards And Executive Compensation
a) Reporting of first–tier subawards.
1. Applicability. Unless you are exempt as provided in paragraph D. of this
award term, you must report each action that obligates $25,000 or more in
Federal funds that does not include Recovery Act funds (as defined in
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section 1512(a)(2) of the American Recovery and Reinvestment Act of
2009, Pub. L. 111–5) for a subaward to an entity (see definitions in
paragraph E. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph A.1. of
this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month
following the month in which the obligation was made. (For example, if
the obligation was made on November 7, 2010, the obligation must be
reported by no later than December 31, 2010.)
3. What to report. You must report the information about each obligating
action that the submission instructions posted at http://www.fsrs.gov
specify.
b) Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for
each of your five most highly compensated executives for the preceding
completed fiscal year, if—
i. The total Federal funding authorized to date under this award is $25,000
or more;
ii. In the preceding fiscal year, you received—
a. 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
iii. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see
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the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation
described in paragraph A.1. of this award term:
i. As part of your registration profile at https://www.sam.gov.
ii. By the end of the month following the month in which this award is
made, and annually thereafter.
c) Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in
paragraph D. of this award term, for each first–tier subrecipient under this
award, you shall report the names and total compensation of each of the
subrecipient’s five most highly compensated executives for the
subrecipient’s preceding completed fiscal year, if—
i. In the subrecipient’s preceding fiscal year, the subrecipient received—
a. 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
b. $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation
of the executives through periodic reports filed under section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a),
78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To
determine if the public has access to the compensation information, see
the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total
compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make
the subaward. For example, if a subaward is obligated on any date
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during the month of October of a given year (i.e., between October 1 and
31), you must report any required compensation information of the
subrecipient by November 30 of that year.
d) Exemptions.
1. If, in the previous tax year, you had gross income, from all sources, under
$300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives
of any subrecipient.
e) Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or
Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for–profit organization;
v. A Federal agency, but only as a subrecipient under an award or
subaward to a non–Federal entity.
2. Executive means officers, managing partners, or any other employees in
management positions.
3. Subaward:
i. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which you received this award and that you as the recipient award to an
eligible subrecipient.
ii. The term includes your procurement of property and services needed to
carry out the project or program. The term does not include procurement
of incidental property and services needed to carry out the award project
or program.
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iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the
subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient’s or subrecipient’s preceding fiscal year and
includes the following (for more information see 17 CFR 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the
dollar amount recognized for financial statement reporting purposes with
respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared
Based Payments.
iii. Earnings for services under non–equity incentive plans. This does not
include group life, health, hospitalization or medical reimbursement
plans that do not discriminate in favor of executives, and are available
generally to all salaried employees.
iv. Change in pension value. This is the change in present value of defined
benefit and actuarial pension plans.
v. Above–market earnings on deferred compensation which is not tax–
qualified.
vi. Other compensation, if the aggregate value of all such other
compensation (e.g. severance, termination payments, value of life
insurance paid on behalf of the employee, perquisites or property) for
the executive exceeds $10,000.
12) Conflict of Interest
a) The Recipient must establish safeguards to prohibit its employees and Sub–
recipients from using their positions for purposes that constitute or present the
appearance of a personal or organizational conflict of interest. The Recipient is
responsible for notifying the Awarding Officer in writing of any actual or
potential conflicts of interest that may arise during the life of this award. Conflicts
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of interest include any relationship or matter which might place the Recipient or
its employees in a position of conflict, real or apparent, between their
responsibilities under the agreement and any other outside interests. Conflicts of
interest may also include, but are not limited to, direct or indirect financial
interests, close personal relationships, positions of trust in outside organizations,
consideration of future employment arrangements with a different organization, or
decision–making affecting the award that would cause a reasonable person with
knowledge of the relevant facts to question the impartiality of the Recipient
and/or Recipient's employees and Sub–recipients in the matter.
b) The Awarding Officer and the servicing Ethics Counselor will determine if a
conflict of interest exists. If a conflict of interest exists, the Awarding Officer will
determine whether a mitigation plan is feasible. Mitigation plans must be
approved by the Awarding Officer in writing.
c) Failure to resolve conflicts of interest in a manner that satisfies the government
may be cause for termination of the award. Failure to make required disclosures
may result in any of the remedies described in 2 CFR § 200.338, Remedies/or
Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
13) Minimum Wages Under Executive Order 13658 (January 2015)
(a) Definitions. As used in this clause—
“United States” means the 50 states and the District of Columbia.
“Worker”—
(1) Means any person engaged in performing work on, or in connection with, an
agreement covered by Executive Order 13658, and
(i) Whose wages under such agreements are governed by the Fair Labor Standards
Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41
U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40
U.S.C. chapter 31, subchapter IV),
(ii) Other than individuals employed in a bona fide executive, administrative, or
professional capacity, as those terms are defined in 29 C.F.R. § 541,
(iii) Regardless of the contractual relationship alleged to exist between the
individual and the employer.
(2) Includes workers performing on, or in connection with, the agreement whose
wages are calculated pursuant to special certificates issued under 29 U.S.C. §
214(c).
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(3) Also includes any person working on, or in connection with, the agreement
and individually registered in a bona fide apprenticeship or training program
registered with the Department of Labor's Employment and Training
Administration, Office of Apprenticeship, or with a State Apprenticeship Agency
recognized by the Office of Apprenticeship.
(b) Executive Order Minimum Wage rate.
(1) The Recipient shall pay to workers, while performing in the United States, and
performing on, or in connection with, this agreement, a minimum hourly wage
rate of $10.10 per hour beginning January 1, 2015.
(2) The Recipient shall adjust the minimum wage paid, if necessary, beginning
January 1, 2016 and annually thereafter, to meet the Secretary of Labor's annual
E.O. minimum wage. The Administrator of the Department of Labor's Wage and
Hour Division (the Administrator) will publish annual determinations in the
Federal Register no later than 90 days before the effective date of the new E.O.
minimum wage rate. The Administrator will also publish the applicable E.O.
minimum wage on www.wdol.gov (or any successor Web site) and on all wage
determinations issued under the Service Contract Labor Standards statute or the
Wage Rate Requirements (Construction) statute. The applicable published E.O.
minimum wage is incorporated by reference into this agreement.
(3) (i) The Recipient may request a price adjustment only after the effective
date of the new annual E.O. minimum wage determination. Prices will be adjusted
only if labor costs increase as a result of an increase in the annual E.O. minimum
wage, and for associated labor costs and relevant subaward costs. Associated
labor costs shall include increases or decreases that result from changes in social
security and unemployment taxes and workers' compensation insurance, but will
not otherwise include any amount for general and administrative costs, overhead,
or profit.
(ii) Subrecipients may be entitled to adjustments due to the new minimum wage,
pursuant to paragraph (b)(2). Recipients shall consider any Subrecipient requests
for such price adjustment.
(iii) The Awarding Officer will not adjust the agreement price under this clause
for any costs other than those identified in paragraph (b)(3)(i) of this clause, and
will not provide duplicate price adjustments with any price adjustment under
clauses implementing the Service Contract Labor Standards statute or the Wage
Rate Requirements (Construction) statute.
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(4) The Recipient warrants that the prices in this agreement do not include
allowance for any contingency to cover increased costs for which adjustment is
provided under this clause.
(7) The Recipient shall pay, unconditionally to each worker, all wages due free
and clear without subsequent rebate or kickback. The Recipient may make
deductions that reduce a worker's wages below the E.O. minimum wage rate only
if done in accordance with 29 C.F.R. § 10.23, Deductions.
(8) The Recipient shall not discharge any part of its minimum wage obligation
under this clause by furnishing fringe benefits or, with respect to workers whose
wages are governed by the Service Contract Labor Standards statute, the cash
equivalent thereof.
(9) Nothing in this clause shall excuse the Recipient from compliance with any
applicable Federal or State prevailing wage law or any applicable law or
municipal ordinance establishing a minimum wage higher than the E.O. minimum
wage. However, wage increases under such other laws or municipal ordinances
are not subject to price adjustment under this subpart.
(10) The Recipient shall pay the E.O. minimum wage rate whenever it is higher
than any applicable collective bargaining agreement(s) wage rate.
(11) The Recipient shall follow the policies and procedures in 29 C.F.R. §
10.24(b) and 10.28 for treatment of workers engaged in an occupation in which
they customarily and regularly receive more than $30 a month in tips.
(c) (1) This clause applies to workers as defined in paragraph (a). As provided
in that definition—
(i) Workers are covered regardless of the contractual relationship alleged to exist
between the Recipient or Subrecipient and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special
certificates issued under 29 U.S.C. § 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training
program registered with the Department of Labor's Employment and Training
Administration, Office of Apprenticeship, or with a State Apprenticeship Agency
recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to—
(i) Fair Labor Standards Act (FLSA) – covered individuals performing in
connection with contracts covered by the E.O., i.e. those individuals who perform
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duties necessary to the performance of the agreement, but who are not directly
engaged in performing the specific work called for by the agreement, and who
spend less than 20 percent of their hours worked in a particular workweek
performing in connection with such agreements;
(ii) Individuals exempted from the minimum wage requirements of the FLSA
under 29 U.S.C. § 213(a) and 214(a) and (b), unless otherwise covered by the
Service Contract Labor Standards statute, or the Wage Rate Requirements
(Construction) statute. These individuals include but are not limited to—
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to
special certificates issued under 29 U.S.C. § 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued
under 29 U.S.C. § 214(b).
(C) Those employed in a bona fide executive, administrative, or professional
capacity (29 U.S.C. § 213(a)(1) and 29 C.F.R. § part 541).
(d) Notice. The Recipient shall notify all workers performing work on, or in
connection with, this agreement of the applicable E.O. minimum wage rate under
this clause. With respect to workers covered by the Service Contract Labor
Standards statute or the Wage Rate Requirements (Construction) statute, the
Contractor may meet this requirement by posting, in a prominent and accessible
place at the worksite, the applicable wage determination under those statutes.
With respect to workers whose wages are governed by the FLSA, the Recipient
shall post notice, utilizing the poster provided by the Administrator, which can be
obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at
the worksite. Recipients that customarily post notices to workers electronically
may post the notice electronically provided the electronic posting is displayed
prominently on any Web site that is maintained by the Recipient, whether external
or internal, and customarily used for notices to workers about terms and
conditions of employment.
(e) Payroll Records. (1) The Recipient shall make and maintain records, for three
years after completion of the work, containing the following information for each
worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
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(v) Any deductions made; and
(vi) Total wages paid.
(2) The Recipient shall make records pursuant to paragraph (e)(1) of this clause
available for inspection and transcription by authorized representatives of the
Administrator. The Recipient shall also make such records available upon request
of the Contracting Officer.
(3) The Recipient shall make a copy of the agreement available, as applicable, for
inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 C.F.R. §
10.26 and this agreement. Upon direction of the Administrator or upon the
Awarding Officer's own action, payment shall be withheld until such time as the
noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Recipient’s payroll and
recordkeeping obligations, if any, under the Service Contract Labor Standards
statute, the Wage Rate Requirements (Construction) statute, the Fair Labor
Standards Act, or any other applicable law.
(f) Access. The Recipient shall permit authorized representatives of the
Administrator to conduct investigations, including interviewing workers at the
worksite during normal working hours.
(g) Withholding. The Awarding Officer, upon his or her own action or upon
written request of the Administrator, will withhold funds or cause funds to be
withheld, from the Recipient under this or any other Federal agreement with the
same Recipient, sufficient to pay workers the full amount of wages required by
this clause.
(h) Disputes. Department of Labor has set forth in 29 C.F.R. § 10.51, Disputes
concerning Recipient compliance, the procedures for resolving disputes
concerning an Recipient’s compliance with Department of Labor regulations at
29 C.F.R. § 10. Such disputes shall be resolved in accordance with those. This
includes disputes between the Recipient (or any of its Subrecipients) and the
contracting agency, the Department of Labor, or the workers or their
representatives.
(i) Antiretaliation. The Recipient shall not discharge or in an y other manner
discriminate against any worker because such worker has filed any complaint or
instituted or caused to be instituted any proceeding under or related to compliance
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with the E.O. or this clause, or has testified or is about to testify in any such
proceeding.
(j) Subcontractor compliance. The Recipient is responsible for Subrecipient
compliance with the requirements of this clause and may be held liable for unpaid
wages due Subrecipient workers.
(k) Subawards. The Recipient shall include the substance of this clause, including
this paragraph (k) in all subawards, regardless of dollar value, that are subject to
the Service Contract Labor Standards statute or the Wage Rate Requirements
(Construction) statute, and are to be performed in whole or in part in the United
States.
XIII. COST SHARING/MATCHING REQUIREMENT
At 0 % non-Federal cost-share/match is required for costs incurred under this Agreement. At
least $0 in eligible non-Federal matching contributions that are allowable and properly
documented must be used during the grant period to share the costs for this statement of work.
Failure to use the required non-Federal matching share will result in the disallowance of costs
reimbursed, and/or the deobligation of remaining unexpended funds. No Matching Funds were
approved for this grant.
XIV. PRE-AWARD INCURRENCE OF COSTS
The Recipient shall be entitled to costs incurred on or after xx/xx/xxxx. In accordance with 2
CFR 200.458, such costs are allowable only to the extent that they would have been allowable if
incurred after the date of the Federal award and only with the written approval of the Federal
Awarding agency. Pre-award costs shall only be applied to the non-Federal cost share and is not
eligible for reimbursement. No Pre-Award Costs were approved for this grant.
XV. PATENTS AND INVENTIONS
Recipients of agreements which support experimental, developmental, or research work shall be
subject to applicable regulations governing patents and inventions, including the government-
wide regulations issued by the Department of Commerce at 37 CFR 401, Rights to Inventions
Made by Non-profit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements. These regulations do not apply to any agreement made
primarily for educational purposes.
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XVI. NPS CONCURRENCE WITH SELECTION OF CONSULTANTS.
The grantee must submit documentation of a competitive consultant selection process, along
with its justification and resume(s) for consultant(s) selected for grant-assisted work, to the NPS
ATR for approval. The consultant(s) must have the requisite experience and training in historic
preservation to oversee the project work to be performed. All consultants must be competitively
selected and documentation of this selection must be maintained by the grantee and be made
readily available for examination by the NPS. Federal contracting and procurement guidan ce can
be found in 2 CFR 200.318. Maximum hourly rates charged to this grant may not exceed 120%
of a Federal Civil Service GS-15, step 10 salary per project location. Current salary tables can be
found on the Office of Personnel and Management website: https://www.opm.gov/policy-data-
oversight/pay-leave/salaries-wages/.
XVII. COMPLIANCE WITH SECTION 106 OF THE NATIONAL HISTORIC
PRESERVATION ACT
Pursuant to Section 106 of the National Historic Preservation Act (54 U.S.C. 306108), NPS and
the grantee must complete the consultation process stipulated in the regulations issued by the
Advisory Council for Historic Preservation in 36 CFR 800 prior to the commencement of all
grant-assisted construction or ground disturbance on the property. NPS has initiated the Section
106 consultation process with the State Historic Preservation Officer (SHPO), by notifying the
SHPO of the grant and sending the SHPO a copy of the grant application. NPS will review the
plans and specifications submitted by the grantee, and forward a determination to the SHPO
regarding the effect to historic properties. When all work funded under this grant has been
completed, the grantee must submit a copy of the final Performance Report to the NPS to
confirm that all work was completed as agreed upon.
XVIII. REQUIREMENT FOR PROJECT SIGN
The grantee must create public notification of the project in the form of a project sign, website
notification, and proper credit for announcements and publications as appropriate. Signage must:
be of reasonable and adequate design and construction to withstand weather exposure; be of a
size that can be easily read from the public right-of-way; and be maintained in place throughout
the project term as stipulated in this Grant Agreement. At a minimum, the all notifications must
contain the following statement: “[Project Name] is being supported in part by an
Underrepresented Community grant from the Historic Preservation Fund administered by the
National Park Service, Department of the Interior.” Additional information briefly identifying
the historical significance of the property, recognizing other contributors, or use of the allowable
logo is encouraged and permissible. Photographs of the notification must be submitted to NPS
with the first Performance Report. The cost of fabricating and erecting notification is an eligible
cost for this grant.
ARTICLE XIX – ATTACHMENTS
The following completed documents are attached to and made a part of this Agreement:
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Attachments:
SF–424 – Application for Federal Assistance
SF–424 A – Budget Information – Non–Construction Programs
SF–424 B – Assurances – Non–Construction Programs
SF-424 C – Budget Information - Construction Programs
SF-424 D – Assurances – Construction Programs
The Standard Forms (SF) can be downloaded electronically at www.grants.gov or by contacting
the NPS ATR.
ARTICLE XIV – SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set
forth below.
FOR CITY OF PASCO, WA:
___________________________________________________
CITY OF PASCO, WA
Title Date
FOR THE NATIONAL PARK SERVICE:
_______________________________________________________
Megan J. Brown
Chief State, Tribal, Local Plans & Grants Date
Awarding Officer
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AGENDA REPORT
FOR: City Council April 12, 2018
TO: Dave Zabell, City Manager Workshop Meeting: 4/23/18
FROM: Bob Metzger, Police Chief
Police Department
SUBJECT: Electronic Traffic Control
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion only at this time.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
This presentation is to follow up on the January 22, 2018 discussion of photo
enforcement through the use of traffic safety cameras for traffic related
enforcement at certain intersections and school zones.
In the weeks since the initial discussion staff has evaluated industry options for
the use of this technology and has concluded that R edFlex Traffic Systems Inc.
provides the technology, product and support for a successful photo enforcement
program. Staff from the Police Department, Municipal Court, City Attorney's office
and Administration have collaborated on steps necessary to implement such a program,
if authorized. Attached is a detailed report regarding the vetting process of the various
vendors evaluated; a proposed implementing ordinance amending PMC 10.22 and
authorizing a photo enforcement program and establishing a fine of $125 per
infraction; and a new code section, 1.02, Civil Infractions, establishing the photo
enforcement program.
As background, in the case of intersection level enforcement, clearly marked
photo enforcement camera equipment is installed and synchronized with a
traffic signal. The equipment is designed to capture the image of a vehicle
which has entered an intersection in violation of a traffic signal indication - red
light. The photograph serves as evidence that assists law enforcement
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personnel in the enforcement of traffic laws. As proposed, once the camera
detects an infraction it will be sent it to the vendor who will review the
information to assure that the data does reflect a possible violation. For those
instances confirmed as being a potential violation, the information, including the
image(s) will be forwarded to the Police Department. A trained and
commissioned Police Officer will review the data to determine if an infraction has
occurred. Following such a determination, a notice of infraction will be sent to the
violator from the department. Such violations are considered to be an infraction
with no points assessed to the driver’s license of the person receiving said notice.
The issue of School Zone Cameras is currently under review and will be completed
during the summer. Council will be apprised of the results of that evaluation for
possible action shortly thereafter. If authorized, it would be staff's intent to implement
the program to coincide with the beginning of the 2018/2019 school year following a
rigorous public outreach campaign.
V. DISCUSSION:
Balancing the research, current conditions and the anticipated improvement to
safety overall against the significance of the introduction of such technology,
staff is recommending a limited approval of a photo enforcement progra m to
begin the program. Based on the information developed through a study of
high accident intersections, cameras are proposed at two intersections;
1. Burden Boulevard and Rd. 68
2. Court Street and 20th Avenue
The Police Department (enforcement) along with the Public Works Department
(engineering) will collaborate to set the standard for infractions, i.e. speed threshold
and/or actuation of the camera.
Staff is seeking feedback from Council on the major elements of the proposed
photo enforcement program as it relates to intersection level enforcement.
Based on Council feedback, this item may be on the agenda for further review
of action at a later date.
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MEM*-RANDUM
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PMC Title 1 5/8/17 7
CHAPTER 1.02 CIVIL INFRACTIONS
Sections:
1.02.010 ENFORCEMENT OFFICER. ................................................................. 7
1.02.020 INITIATION OF CIVIL INFRACTION PROCEEDINGS. ........................... 7
1.02.030 IDENTIFICATION AND DETENTION. ................................................. 7
1.02.040 NOTICE OF CIVIL INFRACTION. ....................................................... 8
1.02.050 RESPONSE TO NOTICE OF CIVIL INFRACTION. ................................. 8
1.02.060 CONTESTED HEARING. .................................................................... 9
1.02.070 MITIGATION HEARING. .................................................................... 9
1.02.080 PENALTIES. ..................................................................................... 9
1.02.090 COSTS. ......................................................................................... 10
1.02.110 FAILURE TO SIGN OR RESPOND. .................................................... 10
1.02.010 ENFORCEMENT OFFICER. As used in this chapter, "enforcement
officer" means a person authorized to enforce the provisions of the chapter or
ordinance in which the civil infraction is established. (Ord. 2743 Sec. 2, 1989.)
1.02.020 INITIATION OF CIVIL INFRACTION PROCEEDINGS. (1) A civil
infraction proceeding is initiated by the issuance, service, and filing of a Notice of Civil
Infraction.
2) A notice of civil infraction may be issued by an enforcement officer when
the civil infraction occurs in the officer's presence.
3) A court may issue a Notice of Civil Infraction if an enforcement officer files
with the court a written statement that the civil infraction was committed in the
officer's presence or that the officer has reasonable cause to believe that a civil
infraction was committed.
4) Service of a Notice of Civil Infraction issued under subsection (2) or (3) of
this section shall be as provided by court rule. Until such a rule is adopted, service shall
be as provided in JTIR 2.2(c)(1) and (3), as applicable.
5) A Notice of Infraction shall be filed with the clerk of the Pasco Municipal
Court within forty-eight (48) hours of issuance, excluding Saturdays, Sundays and
holidays. A Notice of Infraction not filed within the time limits prescribed in this section
may be dismissed without prejudice. (Ord. 2743 Sec. 2, 1989.)
1.02.030 IDENTIFICATION AND DETENTION. A person who is to receive a
Notice of Civil Infraction under section .020 of this chapter is required to identify himself
or herself to the Enforcement Officer by giving his or her name, address, and date of
birth. Upon the request of the officer, the person shall produce reasonable
identification, including a driver's license or identicard. A person who is unable or
unwilling to reasonably identify himself or herself to an Enforcement Officer may be
detained for a period of time not longer than is reasonably necessary to identify the
person for purposes of issuing a civil infraction. (Ord. 2743 Sec. 2, 1989.)
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1.02.040 NOTICE OF CIVIL INFRACTION. (1) A notice of Civil Infraction
represents a determination that a civil infraction has been committed. The
determination is final unless contested as provided in this chapter.
2) The form for the Notice of Civil Infraction shall be prescribed by rule of
the Washington State Supreme Court. Until such rule is adopted, the Notice of Civil
Infraction shall be issued on the form prescribed by the administrator for the Courts for
the issuance of traffic infractions and other non-criminal infractions. (Ord. 2743 Sec. 2,
1989.)
1.02.050 RESPONSE TO NOTICE OF CIVIL INFRACTION. (1) Any person who
receives a Notice of Civil Infraction shall respond to such notice as provided in this
section within fifteen (15) days of the date of the notice.
2) If the person determined to have committed the civil infraction does not
contest the determination, the person shall respond by completing the appropriate
portion of the Notice of Civil Infraction and submitting it, either by mail or in person, to
the court specified on the notice. A check or money order in the amount of the penalty
prescribed for the civil infraction must be submitted with the response. The Clerk of the
Municipal Court may accept cash in payment for an infraction. When a response, which
does not contest the determination is received, an appropriate order shall be entered in
the court's records.
3) If the person determined to have committed the civil infraction wishes to
contest the determination, the person shall respond by completing the portion of the
Notice of Civil Infraction requesting a hearing and submitting it, either by mail or in
person, to the Pasco Municipal Court. The Court shall notify the person in writing of the
time, place, and date of the hearing, and that date shall not be earlier than seven (7)
nor more than ninety (90) days from the date of the Notice of Hearing, except by
agreement.
4) If the person determined to have committed the civil infraction does not
contest the determination, but wishes to explain mitigating circumstances surrounding
the infraction, the person shall respond by completing the portion of the Notice of Civil
Infraction requesting a hearing for that purpose and submitting it, either by mail or in
person, to the Pasco Municipal Court. The court shall notify the person in writing of
the time, place, and date of the hearing, and that date shall not be earlier than seven
7) days nor more than ninety (90) days from the date of the Notice of Hearing, except
by agreement.
5) The court shall enter a default judgment assessing the monetary penalty
prescribed for the civil infraction and may notify the City Attorney of the failure to
respond to the Notice of Civil Infraction or to appear at a requested hearing if any
person issued a Notice of Civil Infraction:
a) Fails to respond to the Notice of Civil Infraction as provided in subsection
2) of this section; or
b) Fails to appear at a hearing requested pursuant to subsection (3) or (4)
of this section. (Ord. 2743 Sec. 2, 1989.)
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1.02.060 CONTESTED HEARING. (1) A hearing held for the purpose of
contesting the determination that a civil infraction has been committed shall be without
a jury and shall be recorded in the manner provided for in courts of limited jurisdiction.
2) The court may consider the Notice of Civil Infraction and any other written
report made under oath submitted by the enforcement officer who has issued the
notice or whose written statement was the basis for the issuance of the notice in lieu of
the officer's personal appearance at the hearing. The person named in the notice may
request the court for issuance of subpoena of witnesses including the enforcement
officer who issued the notice, and has the right to present evidence and examine
witnesses present in court.
3) The burden of proof is upon the City to establish the commission of the
civil infraction by a preponderance of the evidence.
4) In the event the person named in the notice fails to appear at the hearing,
the court may proceed to find the civil infraction was committed, in which case an
appropriate order shall be entered in the court's records.
5) After consideration of the evidence and argument, the court shall
determine whether the civil infraction was committed. Where it has not been
established that the civil infraction was committed, an order dismissing the notice shall
be entered in the court's records. Where it has been established that the civil infraction
was committed, an appropriate order shall be entered in the court's records.
6) An appeal from the court's determination or order shall be to the superior
court in the manner provided by the rules for appeal of decisions of courts of limited
jurisdiction. The decision of the superior court is subject only to discretionary review
pursuant to the rules of appellate procedure. (Ord. 2743 Sec. 2, 1989.)
1.02.070 MITIGATION HEARING. (1) A hearing held for the purpose of
allowing a person to explain mitigating circumstances surrounding the commission of a
civil infraction shall be an informal proceeding. The person may not subpoena
witnesses. The determination that a civil infraction has been committed may not be
contested at a hearing held for the purpose of explaining mitigating circumstances.
2) After the court has heard the explanation of the circumstances
surrounding the commission of the civil infraction, an appropriate order shall be entered
in the court's records.
3) There is no appeal from the court's determination or order. (Ord. 2743
Sec. 2, 1989.)
1.02.080 PENALTIES. (1) A person found to have committed a civil infraction
under this Code shall be assessed a monetary penalty. Unless otherwise specifically
designated in this Code by class, or by amount, the civil infraction shall constitute a
class 1 civil infraction provided by RCW 7.80.120 for the maximum penalty and default
amount in the sum of two hundred fifty dollars ($250.00), not including statutory
assessments. Except for such violations, which by State law provide for a greater
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maximum penalty, the maximum penalty and default amount, but not including
statutory assessments, shall be:
A) Class 1 Civil Infraction $250.00
B) Class 2 Civil Infraction $125.00
C) Class 3 Civil Infraction $ 50.00
D) Class 4 Civil Infraction $ 25.00
2) Whenever a monetary penalty is imposed by the Municipal Court it is
immediately payable. If the person is unable to pay at the time the Court may grant an
extension of the period in which the penalty may be paid. If the penalty is not paid on
or before the time established for payment, the Court may proceed to collect the
penalty in the same manner as other civil judgments and may notify the City Attorney
of the failure to pay.
3) The Court may also order a person found to have committed a civil
infraction to make restitution.
4) An order or judgment entered by the Court after the receipt of a
response, which does not contest the determination, or after it has been established at
a hearing that the civil infraction was committed, or after a hearing for the purpose of
explaining mitigating circumstances constitutes a civil judgment, subject to execution
and collection as provided by law.
5) The Court may waive, reduce, or suspend the monetary penalty
prescribed for the civil infraction. If the Court determines that a person has insufficient
funds to pay the monetary penalty, the Court may order performance of a number of
hours of community service in lieu of a monetary penalty, at the rate of the then state
minimum wage per hour. (Ord. 4070, 2012; Ord. 2743 Sec. 2, 1989.)
1.02.090 COSTS. Each party to a civil infraction case is responsible for costs
incurred by that party, but the Court may assess witness fees against a non-prevailing
respondent. (Ord. 2743 Sec. 2, 1989.)
1.02.110 FAILURE TO SIGN OR RESPOND. (1) A person who fails to sign a
Notice of Civil Infraction is guilty of a misdemeanor.
2) Any person willfully violating his or her written and signed promise to
appear in court or his or her written and signed promise to respond to a Notice of Civil
Infraction is guilty of a misdemeanor regardless of the disposition of the Notice of Civil
Infraction: PROVIDED, that a written promise to appear in court or a written promise
to respond to a Notice of Civil Infraction may be complied with by an appearance by
counsel.
3) A person who willfully fails to pay a monetary penalty or to perform
community service as required by a court under this chapter may be found in civil
contempt of court after notice and hearing. (Ord. 2743 Sec. 2, 1989.)
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