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01/27/2009 - Regular - PacketCITY OF PORT ORCHARD 216 Prospect Street, Port Orchard, WA 98366 (360) 8'76-440� FAX (36o) 895-9029 Port Orchard • City Council Meeting Agenda January 27, 2009 7:00 P.m. 1. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the January 13, 2009, Council Meeting Minutes C. Adoption of Resolution No. 003-09, Establishing Certain Employee Benefits for a Non Union Representative Full -Time Mayor Classified as FLSA Exempt (Kirkpatrick) D. Adoption of Resolution No. 004-09, Ratification by Council for Mayor to Sign Leachate Disposal Agreement with Waste Management of Washington, Inc. (Dorsey) E. Adoption of Resolution No. 005-09, Supporting Grant Funding Efforts of South Kitsap Skate Park Association (Kirkpatrick) 5. PRESENTATION 6. PUBLIC HEARING A. Public Hearing Regarding Annexation Request of the Reynolds Property (Weaver) B. Public Hearing Regarding Annexation of Washburn, Grant, Carothers Property (Weaver) 7. BUSINESS ITEMS A. Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone (Weaver) B. Adoption of Ordinance No. 002-09, Approving the Annexation Request for the Reynolds Property (Weaver) C. Adoption of Resolution No. 006-09, Setting the Date and Time of Hearing for Street Vacation in City Right -of -Way in the 430o Block of Sidney Road S.W. (Kirkpatrick) D. Adoption of Resolution No. 007-09, Authorizing the Mayor to Sign Change Order No. 2, with Art Anderson for Feasibility and Conceptual Design for Town Center Project and Parking Garage for Final Report (Dorsey) Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 360.876.4407 Meetings are broadcast on BKAT — go to www.bkat.orfor broadcast dates and times. January 27, 2009, Meeting Agenda Page 1 of 2 E. Adoption of Resolution No. oo8-o9, Authorizing the Mayor to Sign Change Order No. 1, with HWA GeoScience, Inc. for Soils Investigations/Pre-Design for Town Center Project and Parking Garage (Dorsey) F. Adoption of Resolution No. oo9-og, Authorizing the Mayor to Sign Contract with Pacific Northwest National Laboratory for Department of Homeland Security Domestic Nuclear Detection Training (Townsend) G. Adoption of Resolution No. olo-o9, Supporting the 2009-2012 South Kitsap School Levy Ballot (Kirkpatrick) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee February 4, 2009 Myhre's 7:30 a.m. Tourism Committee February 11, 2009 City Hall 2:00 p.m. LTAC TBD Festival of Chimes & Lights TBD Utilities Committee January 29, 2009 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) February 18, 2009 W.S.U.D. 6:30 p.m. Public Property Committee T.B.D Work Study Session February 17, 2009 City Hall 7:00 p.m. Council Retreat February 20, 2009 City Hall 10:00 a.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 Meetings are broadcast on BKAT - go to www.bkat.orfor broadcast dates and times. January 27, 2009, Meeting Agenda Page 2 of 2 Introduced by: HR Coordinator Requested by: HR Coordinator Drafted by: HR Coordinator Introduced: January 27, 2009 Adopted: January 27, 2009 RESOLUTION NO. 003-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ESTABLISHING CERTAIN EMPLOYEE BENEFITS FOR A NON UNION REPRESENTED FULL TIME MAYOR CLASSIFIED AS FLSA EXEMPT WHEREAS, the City has designated categories of employees as either exempt or not - exempt for purposes of federal and state wage and hour laws. Not -exempt employees are entitled to overtime pay under the specific provisions of federal and state laws. Exempt staff is excluded from specific provisions of federal and state wage and hour laws, and WHEREAS, it is the desire of the City to provide certain employment benefits to the full-time, non -union Mayor, hereinafter referred to as "Mayor"; and WHEREAS, the City Council deems it in the best interest of the City and city employees to document such employment benefits, now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. SALARY PAY 1. Effective December 21, 2008 the rate of pay set forth by the City shall be $29.88 an hour or $2,390.40 bi-weekly salary. This hourly rate of pay will be reviewed again in June 2009 and may be changed based on the City's incoming revenue. SECTION 2: HEALTH AND WELFARE 1. Medical Coverage — for full-time Mayor (effective January 1, 2009), the Employer will provide health insurance coverage through the Association of Washington Cities Plan B, administered by Regence BlueShield or Group Health Co -Pay Plan 1 for Mayor, spouse, and qualified dependents. 2. Dental Coverage — for full-time Mayor, the Employer shall provide dental insurance coverage through the Association of Washington Cities, Plan A, administered by Washington Dental Service or equivalent plans, for the Mayor, spouse, and qualified dependents. Resolution No. 003-09 Page 2of3 3. Vision Coverage — for full-time Mayor, the Employer shall provide vision insurance coverage through the Association of Washington Cities, Vision Service Plan or equivalent plans, for the Mayor, spouse, and qualified dependents. 4. The Employer shall also have the right to purchase or provide access to equal coverage through another insurer or self -insure these benefits. 5. Mayor shall pay each month a portion of the above premiums as follows: AWC Reaence Plan: Employee Only .......................$30.00 One Dependent ......................$62.00 Two Dependents ....................$76.00 Three or More Dependents .... $89.00 Grouo Health Plan: Employee Only ......................$20.00 One Dependent .......................$44.00 Two Dependents .....................$61.00 Three or More Dependents ..... $75.00 6. The employer shall self insure or purchase a $50,000 life insurance policy for the Mayor (subscriber) only. 7. In order to be eligible to receive health and welfare benefits, the Mayor must meet the minimum hours of work per month, if any, required by the plan provider. SECTION 3. VACATIONS 1. The Mayor would not receive a leave bank (vacation, sick, personal holidays) to use; however, he/she would be paid an annual salary and would be on the City's payroll regardless of the times not worked that are spent away from the office for personal reasons (i.e. vacation and/or sick). SECTION 4. HOLIDAYS 1. The Mayor shall be entitled to observe the following holidays with pay: the first day of January, commonly called New Year's Day; the third Monday in January to honor Martin Luther King; the third Monday of February, being celebrated as President's Day; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day, the eleventh day of November, to be known as Veteran's Day; the fourth Thursday of November, to be known as Thanksgiving Day; the day after Thanksgiving; the twenty-fifth day of December, commonly called Christmas Day. 2. Whenever any legal holiday falls upon a Sunday, the following Monday shall be a legal holiday. 3. Whenever a legal holiday falls on a Saturday, another day will be designated by executive order by the Mayor, or he may designate two (2) days with a portion of the employees observing one (1) day and the remainder the other day, to permit continued operation of vital functions. Resolution No. 003-09 Page 3of3 SECTION 5. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Meeting Date: Subject: Adoption of Resolution No. 003-09, Prepared by: Establishing Certain Employee Benefits for a Non Union Atty Routing No: Representative Full -Time Mayor Atty Review Date: Classified as FLSA Exempt January 27, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summarv: During the 2oo9 budget discussions, the Finance Committee supported the Mayor's position becoming full-time with a salary commiserate with the Mayor of Poulsbo. At the December 9, 2oo8, meeting the Council adopted the 2oo9 Budget, which included a full-time salary for the Mayor and health benefits. Resolution No. 003-09, establishes the benefits for the Mayor. Recommendation: Staff recommends the Council adopt the resolution establishing certain employee benefits for a non union represented full-time Mayor classified as FLSA exempt. Motion for consideration: I move to adopt Resolution No. 003-09, establishing certain employee benefits for a non union represented full-time Mayor classified as FLSA exempt. Fiscal Impact: None. Mayor's salary and benefits were approved as part of Ordinance No. 043- o8. Alternatives: Not adopt Resolution No. 003-o9 and deny health benefits to the Mayor Attachments: Resolution No. 003-09 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Meeting Date: Subject: Adoption of Resolution No. 004-09, Prepared by: Ratification by Council for Mayor to Sign Leachate Disposal Agreement Atty Routing No: With Waste Management of Atty Review Date: Washington, Inc. January 27, 2009 Mark Dorsey, P.E. Public Works Director NA NA Summarv: On September 1, 2oo8, the City of Port Orchard entered into an Access and Use Agreement with Nordic Properties, Inc. for a 2-year term, whereby temporary license was granted to the City for ingress, egress and disposal of waste (leachate) from Waste Management of Washington, Inc. On January 14, 2009, Waste Management of Washington, Inc. executed the Leachate Disposal Agreement (Exhibit A) with the City of Port Orchard, with the effective date of the 2-year Agreement being September 1, 20o8. Recommendation: Staff recommends the Council ratify the Mayor's signature on the Leachate Disposal Agreement with Waste Management of Washington, Inc. for a 2-year renewable term. Motion for consideration: I move to ratify the Mayor's signature on the Leachate Disposal Agreement with Waste Management of Washington, Inc. for a 2-year renewable term. Fiscal Impact: Waste Management of Washington, Inc. shall pay the City $0.015 per gallon of leachate discharged into the City's wastewater collection system. The price may be adjusted by mutual agreement (July 1, 2009) to a rate not to exceed $0.02 per gallon. Alternatives: None Attachments: Leachate Disposal Agreement Access & Use Agreement - Nordic Properties Resolution No. 004-09 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 004-09 Public Works Director Public Works Director Public Works Director January 27, 2009 January 27, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WASTE MANAGEMENT OF WASHINGTON, INC. FOR LEACHATE DISPOSAL SERVICES. WHEREAS, the City of Port Orchard (CITY) owns and operates the wastewater collection system that transports the City's wastewater to the Joint Wastewater Treatment Facility (JWWTF), being comprised manholes, sewer mains, pump station and force mains; and WHEREAS, Waste Management of Washington, Inc. (WM) owns and operates the closed Olympic View Sanitary Landfill at 9300 SW Barney White Road, Port Orchard, Washington and is seeking means to dispose of leachate on an as -needed basis; and WHEREAS, the CITY agrees to accept leachate tendered by WM at the SW Wilkins Drive site (pursuant to the Access & Use Agreement between the CITY and NORDIC PROPERTIES, INC. dated September 1, 2008) in compliance with the Terms and Conditions of the Leachate Disposal Agreement (Exhibit A) attached herewith; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract with Waste Management of Washington, Inc. for the disposal of leachate on an as -needed basis, pursuant to the Terms of Conditions of the Leachate Disposal Agreement (Exhibit A). PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 005-09 City Clerk City Clerk City Clerk January 27, 2009 January 27, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING GRANT FUNDING FOR THE SOUTH KTTSAP SKATE PARK ASSOCIATION (SKSPA). WHEREAS, the South Kitsap Skate Park Association (SKSPA) is seeking grant funding from the Tony Hawk Foundation, Bikes Belong and several other foundations for funds to help build a world -class skate park in South Kitsap; and WHEREAS, the South Kitsap Skate Park Association has been working with Kitsap County Parks and Recreation for a location for the skate park and has selected the southwest corner of South Kitsap Park; and WHEREAS, Kitsap County Parks and Recreation Department will begin breaking ground in the summer of 2009 with park completion to be in the Fall of 2009; and WHEREAS, the South Kitsap Skate Park Association believes a skate park provides community youth with a safe place to socialize and exercise; will boost the local economy through tourism; and will enhance community pride; and WHEREAS, skating and biking enthusiasts alike travel around the world touring the various skate parks and enhancing the local economy through hotel stays and the business community through local shopping; and WHEREAS, the South Kitsap Skate Park Association is working in conjunction with a professional skate park planner to build a world -class facility; and WHEREAS, many other local service organizations support the efforts of the South Kitsap Skate Park Association's efforts to secure funding to build the facility; and WHEREAS, the City of Port Orchard supports the efforts to build a world -class skate park facility, which will host several National competitions a year; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: THAT: The City of Port Orchard supports the South Kitsap Skate Park Associations' applications for grant funding to help build a world -class skate park at the South Kitsap Park in Port Orchard, Washington. Resolution No. 005-09 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: Subject: Adoption of Resolution No. 005-09, Prepared by: Supporting Grant Funding Efforts of South Kitsap Skate Park Association Atty Routing No: Atty Review Date: January 27, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summary: At the January 20, 2009, Work Study Session, Councilmember Colebank advised that the South Kitsap Skate Park Association was seeking support for grant funding to help build a skate park at the South Kitsap Park in Port Orchard. The SKSPA has been working with Kitsap County to secure funding and the Association is currently seeking grants from the Tony Hawke Foundation and the Bikes Belong Foundation. Kitsap County plans to break ground at the South Kitsap Park this summer with completion estimated to be October 2009. At Council's request staff has prepared Resolution No. 005-09, supporting the South Kitsap Skate Park Association's efforts to secure grant funding. Recommendation: Staff recommends adoption of Resolution No. 005-09, supporting grant funding efforts of the South Kitsap Skate Park Association. Motion for consideration: I move to adopt Resolution No. 005-09, supporting grant funding efforts of the South Kitsap Skate Park Association. Fiscal Impact: None Alternatives: Not adopt the Resolution. Attachments: Resolution No. 005-09 1"ETITION FOR ANNEXATION TO CITY OF .T'C3RT OIi C HAo_RD, WASH N TON Proposed Annexatioi) Mill-re.Reynolds Annexation file. No, The Honorable Mayer and. Cil'y Council,. WE, tite undersigned, wvho are the owners of not less than scverttY-five percent (75%) in Value, according to the assessed valuation fbi ge renal taxation, of the real property legally described aia.d geographically depicted in Exhibit "A" attached Hereto, lying contiguous to the City of Fort Orchard, Washington, do hereby petition that such territory be annexed to and made a Bart of the City of Port Washrd under tlrc prcavisions of RCW 35,13: 130 cat„ seq., and any aniendinenis thereto, of tile. Mate trf 1�'a. ftirtgtora. Prior to the circulation of this petition, a meeting 4,vas held on the 22nd day of'April, 2008, between the initiating pai.ties of this annex.aticsra alld t1ac; ('ouneil ofther City n.f T'ar't. Orchard, at. Which tune tae Council accepted the notice of intention to cO3rairrre:nce annexation proceedings and authorized the circril:ation of an annexation petition. for asrnexaitiott of the real property legally described and geographically depicted in E'x aibit A" attached hereto. At the Mec;ting. the Council also detcrinined that it would require the adoptictra crf c;ornprelrensive plan arid zort.ing desionati.aras, and than fire City would require the assusriptiern c7f irade.bt.c d€less u�f t.lae C:ity� ley Mar- area to be annexed upon annexation, This is reflected try tine !'crl10`iJ19 tluotatioit fi-0111 the minutes of"the April 22, 2008 Port Orchard City Council Nlecting: Council Member Powers moA,ed an(] C 01111cai Member Olin Seconded the motion allowing the applicant to circulate a petitiorrr for annexation of the property described in the Notice of I.rifterat rune{ to require the simultaneous adoption of comprehensive plan and zoning d signa.tiDrrs, and the assumption of existing City indebtedness by the area to be annExccle flp0:0i rate, the motion passed rifrr ninprEarasly, WHEREFORE. petitione2s pray thrtt theCity COL11161 of'tlte City° Of fort: Orchard entertain this ltetitton, fax a date for a public 11e.a.Cirrg l€et•eon, and emus raoi:ice tti`tile hearing to be published in one OF 11101e issues cif a newspaper of general circulation it, the City, and to Post the 110tice in three: public places spucifyilly; the time and place of the hearing rand irrvitirrg all interested persons to appear and voice appro vaI car (jisappi•ova.l of the annexation, %rcr fi)1[o Wi)t; pyJ. , rr€rrt Iisrait11 1r°r ;agr e��s roll€aifIhtg� r: ti�rrt�ci�rf t'€�st, irrlr�rrrtr. Iq,tlu: signers petition try he f" c ti°e;.ra e�if crrrc con,e�tf as;�r sin IFS peti€ionr Narmi%FortYii�:�lr'tttii�tsf sC:a�xt; tLs.l�iA;,��txE,3ti (t} ?Fr8j A NNE, X is ION l:>E'.,_t#"l( N, C]WNFRS SIGNA-FU--S W4, the trttdersr r erg being owners or tlse rcal Prol e,1v lvarss; cont:�uotas to the City (}t` fort Orchard, Washington, described in Exhjbirs A c?(:) hereby petition that io u(lr itr� a pu at the 'ltyore annexed and radc Part C7r°cla�rrd„ and th�r.t ccar�s Mehertsive; plan and zoning cJ signatiolls be adopted and rode;�ieotitis cf the C. itY of Por � Orc'hard ire. assks.€Ztc.d uPixp ar�rt�^:xai:t :rrr. Fwer;r person who signs Phis pet:iticsn with any (Aber Char; his c)r lre-r true rsar�rtc, or� wljo knowingly signs more tar"tr3 carte ot'(ltesc� �eii#'.forts,, or sans a;.Vfitic)n seeking an election wherr he or she is not a legal toter, or signs tr laetitir�art rlreil lre t:ar stse- is crt. tetwvise s�o1 qualified d� its sign, or w�fl rttahe�s herein any false statement, shall be guilty ot'a misdert manor. Signature: � �w" Dale: .,.__, __.-----._ Printed Name.: MA€ TlN REYNOLDS (_L£ Property Address: None on file Tax Parcel No: -MARTIN REYNOLDS LLC Signature: 5/27/06 late. Printed Name: Property Address: _ —-------- _.-_ Tax. Parcel No: 4ignairsre:.__ f:)a.te, 5/27/08 f'rin.ted Name - Property .Addy'ess Tax Parcel No: Signature: Date- 5/27M Printed. Name, Property Address: _. Tax Parcel No: S' i gn�i.t.r.rre: t)a.tc: 5/27/08 Printed Name: Proputy Ad.dress'; Tax Par -col No: Planning t�bn'oa for Fkns CkatioEr A��ficatior 'iOn'!,)Bi PARCEL 4538-010-005-0007 A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. SITUATED IN KITSAP COUNTY, WASHINGTON MORE PARTICULAR DESCRIBED AS FOLLOWS: BEING A PORTION OF GAFFNER'S GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE 61, IN THE OFFICE OF THE KITSAP COUNTY AUDITOR, IN SAID KITSAP COUNTY AND MORE PARTICULAR DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID GAFFNER PARK; THENCE ALONG THE WESTERLY LINE OF OLNEY ROAD 300 FEET, MORE OF LESS, TO THE SOUTHEAST CORNER OF A TRACT CONVEYER TO ELMER HILLER BY DEED BEARING AUDITOR'S FILE NO. 492054; THENCE WEST 400 FEET; THENCE NORTHERLY PARALLEL TO OLNEY ROAD 440 FEET; THENCE WEST TO THE EASTERLY LINE OF DANIEL AVENUE; THENCE SOUTH ALONG SAID EASTERLY LINETO THE SOUTHWEST CORNER OF GAFFNER PARK; THENCE EAST ALONG THE SOUTH LINE OF GAFFNER PARK TO THE POINT OF BEGINNING; EXCEPT THAT PORTION FOR 4T" STREET; AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID GAFFNER PARK; THENCE NORTHERLY ALONG THE WESTERLY LINE OF OLNEY ROAD 300 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF A TRACT CONVEYED TO ELMER HILLER BY DEED BEARING AUDITOR'S FILE NO. 492054; THENCE WEST 400 FEET; THENCE SOUTHERLY TO A POINT ON THE SOUTH LINE OF SAID GAFFNER PARK 400 FEET WEST OTHE TRUE POINT OF BEGINNING; THENCE EAST 400 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH TAT PORION OF VACATED DANIEL AVENUE WHICH WOULD ATTACH BY OPERATION OF LAW. CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 006-08 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION DESIGNATING PROPERTY MEDIUM DENSITY RESIDENTIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND RESIDENTIAL 12 (R12) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED AT THE EAST END OF E 4T" STREET, NORTH OF VETERANS' MEMORIAL PARK, IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON TAX PARCEL NO.: 453801-0-005-0007 WHEREAS, the applicant submitted a petition for annexation of one parcel, totaling approximately 4.16 acres, located at the east end of E 4`� Street, north of Veterans' Memorial Park; and WHEREAS, in December 2006 Kitsap County included the property legally described and geographically depicted in Exhibit "A" ("the Property") in the South Kitsap UGA, and the Property is designated in the County comprehensive plan as Urban Low -Density Residential; and WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, the Planning Commission held a Public Hearing for the zoning/comp plan designation on July 21, 2008; and WHEREAS, the Planning Commission heard testimony in favor of the proposal from the applicant and there was no testimony in opposition to the proposal; and WHEREAS, being fully advised, the Planning Commission finds and concludes as follows: FINDINGS 1. A Petition for Annexation of the Property into the City was received on June 27, 2008. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban Low -Density in the County Comprehensive Plan and on the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from E 0' Street. 6. The Property is adjacent to areas of urban low density residential comprehensive plan designations within Kitsap County, and Public and Community Spaces in the City. 7. The Growth Management Act requires that upon approval of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. The purpose of the single family detached/attached residential zones ((R12 - up to 12.0 units/net useable acre) is to (a) define areas that allow a greater dwelling unit density - particularly in locations that are well served by the arterial circulation system and community facilities in general, (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. CONCLUSIONS Medium -Density Residential is the most appropriate comprehensive plan designation for the Property. Designating the Property Medium -Density Residential is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. Designating the Property Medium -Density Residential is in furtherance of the health, safety, and general welfare of the community. 3. Zoning the Property Residential 12 (R12) is consistent with the City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the application for a Comprehensive Plan designation of Medium -Density Residential, and R12 zoning for the subject property, to be effective upon annexation. PASSED by the Planning Commission of the City of Port Orchard this 21st day of July, 2008, Gil Michael, Chairman ATTEST: James/K.,Weaver, City Development Director Kitsap County Boundary review Board 614 Division Street, MS-35A, Port Orchard, Washington 98366 Phone (360) 337-4992 • Fax (360) 337-7083 www.kitsapgov.com/boa-rds/brb.htm January 14, 2009 .lames Weaver, Development Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RE: Annexation of Reynolds to the City of Port Orchard BRB. File No. 08-08-0138 Dear Mr. Weaver: Enclosed please find a copy of the written waiver signed by the Boundary Review Board Chair, John Szymanski, on January 8, 2009, during the Boundary Review Board's regular monthly meeting. A determination was made by the Board that the 45-day review period was not necessary. Therefore, pursuant to RCW 36.93.110, the proposed annexation of Reynolds to the City of Port Orchard was deemed immediately approved. You are requested to provide the following with a copy of your resolution of final approval, which should include a legal description and map: Kitsap County Auditor Attn: Dolores Gilmore 614 Division Street, MS-31 Port Orchard, WA 98366 Kitsap County Assessor Attn: Maxine Schoales Kitsap County Courthouse 614 Division Street, MS-22 Port Orchard, WA 98366 Kitsap County Boundary Review Board Attn: Tracy Osbourne 614 Division Street, MS-35A Port Orchard, WA 98366 Kitsap County Geographic Information Services Attn: Diane Mark 614 Division Street, MS-21 Port Orchard, WA 98366 Washington Surveying and Rating Bureau 2003 Western Avenue, Suite 300 Seattle, WA 98121 (Cities and fire districts only.) Kitsap County Board of Commissioners Attn: Angie Silva 614 Division Street, MS-4 Port Orchard, WA 98366 James Weaver, Development Director City of Port Orchard January 14, 2009 Page 2 Kitsap County Public Works Attn: John James 614 Division Street, MS-26 Port Orchard, WA 98366 Sincerely, Tracy Osb erne Clerk oft e Board Enclosures} Kitsap County Boundary Review Bard 614 Division Street, MS-35A, Port Orchard, Washington 98366 Phone (360) 337-4992 . Fax (360) 337-7093 Proposed Annexation of Reynolds to the City of Port Orchard BRB File No. 08-08-0138 The City of Port Orchard filed a Notice of Intention to annex 4.16 acres of land in Port Orchard. The City has reported that the assessed value for this land is $91,520,00, RCW 36.93.110 provides that: Where an area proposed for annexation is less than ten acres and less than two million dollars in assessed valuation, the chairman of the [boundary] review board may by written statement declare that review by the board is not necessary for the protection of the interest of the various parties, in which case the board shall not review such annexation. After considering this proposed annexation and seeking input from the other members of the board, I have determined that review of this proposed annexation by the Kitsap County Boundary Review Board is not necessary for the protection of the interest of the various parties. Therefore, as the proposed annexation meets the requirements of RCW 36.93.110, the Board will not review the proposed annexation. DATED this q day of January, 2009. a�t 4-� ., J HN SZYMANSKI, Chair Kitsap County Boundary Review Board City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Subject: Public Hearing Regarding Annexation Request of the Reynolds Property Meeting Date: January 27, 2009 Prepared by: Atty Routing No: Atty Review Date: James Weaver Development Director NA NA Summary: Martin Reynolds, property owner, submitted a Petition for Annexation on June 27, 2008, to annex a parcel totaling 4.16 acres, located at the east end of E 4th Street, North of Veterans' Memorial Park, Tax Parcel Number 4538-010-005-0007. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6 with a Kitsap County Comprehensive Plan designation and zoning of Urban Low -Density Residential (UL). In UL, residential units are allowed up to nine dwelling units per acre. The applicant is requesting to be annexed with City Comprehensive Plan designation of Medium Density Residential and zoning of Residential 12 (R12). The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a regularly scheduled meeting held on May 27, 2oo8. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The applicant submitted the formal Petition for Annexation on June 27, 2oo8. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. As stated in the Port Orchard Comprehensive Plan, all land use designations for areas inside the Urban Growth Area boundary but outside incorporated City limits are determined by Kitsap County. The City of Port Orchard will provide designations for these parcels if and when they are annexed into the City limits. The land use designations for newly annexed parcels will be given the most similarly corresponding designation which the parcel(s) had under County jurisdiction. On July 21, 2oo8, the Planning Commission conducted a Public Hearing and approved Resolution No. oo6-o8, recommending that the City Council approve the application for a Comprehensive Plan designation of Residential -Medium Density and R12 zoning for the subject property. The petition for annexation was submitted to the County Boundary Review Board for their meeting on January 8, 2oo9 and the BRB has approved the waiver for the annexation. The land use element of the City's Comprehensive Plan provides that areas designated Medium Density Residential with allowed densities of 8 —12 dwelling units per acre. and that parcels with the described land use designation shall have adequate water, sewer and drainage services and should have at least three of the following characteristics: i. Existing residential Medium -density area; ii. Street service mainly by local access streets; iii. Existing buffers surrounding the designation, including park or sensitive areas; iv. Existing or potential for parks or open space by design; V. Major arterials define the edge of the area; vi. Area includes an existing or potential recreational area; vii. Area is adjacent to a public services facility; viii. Ability to identify potential for open space in new development areas FINDINGS 1. A Petition for Annexation of the Property into the City was received on June 27, 2007. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban Low -Density Residential in the County Comprehensive Plan and Urban Low -Density in the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from East 4th Street. 6. The Property is adjacent Community Facilities and in close proximity to Medium Density Residential land uses. The applicant proposes to develop the property at a density of 12 units per acre. 7. The GMA requires that upon adoption of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. The city is designating this parcel as Medium Density Residential on the Comprehensive Plan map and Residential 12 dwelling units per acre (R-12) on the Zoning map in conformance with GMA requirements. 8. The purpose of the R-12 zoning designation is to provide for the broadest mix of residential uses including single-family attached and detached and multi -family residences. CONCLUSIONS 1. Medium Density Residential is the most appropriate comprehensive plan designation for the Property. Designating the parcel Medium Density Residential is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Medium Density Residential in furtherance of the health, safety, and general welfare of the community. 3. Zoning the property Residential 12 Units per acre, (R-12) is consistent with the City's Zoning Ordinance and Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. 4. An emergency exists, justifying an exception to the requirement that amendments or revisions to a comprehensive plan be considered no more frequently than once every year. Attachments: Petition for Annexation with Attachments Correspondence from Boundary Review Board Planning Commission Resolution No. 006-08 Public Hearing 6A Page 2 of 2 PETITION FOR ANNEXATION TO CITY OF PORT ORCHARD, WASHINGTON Proposed Annexation Name WASHBURN-GRANT-CROTHER File No. A-I�-og The Honorable Mayor and City Council: WE, the undersigned, who are the owners of not less than seventy-five percent (75%) in value, according to the assessed valuation for general taxation, of the real property legally described and geographically depicted in Exhibit "A" attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby petition that such territory be annexed to and made a part of the City of Port Orchard under the provisions of RCW 35.13.130 et. seq., and any amendments thereto, of the State of Washington. Prior to the circulation of this petition, a meeting was held on the 24th day of June, 2008, between the initiating parties of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the adoption of comprehensive plan and zoning designations, and that the City would require the assumption of indebtedness of the City by the area to be annexed upon annexation. This is reflected by the following quotation from the minutes of the June 24, 2008 Port Orchard City Council Meeting: Councilmember Putaamuu moved and Councilmember Childs seconded the motion to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Upon vote, the motion passed unanimously. WHEREFORE, petitioners pray that the City Council of the City of Port Orchard entertain this petition, fix a date for a public hearing hereon, and cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the City, and to post the notice in three public places specifying the time and place of the hearing and inviting all interested persons to appear and voice approval or disapproval of the annexation. Thefollowingpage may be filed with other pages containing identical text, intended by the signers of this petition to be presented and considered as a single petition. Planning Form 006/Petition for Annexation Application/ (05/08) ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1. Signature: m�r(-M' Printed Name: t" Mark F. Washburn pvqus`C 2?,j,,2008 Date: SePtG 08 Property Address: 6390 Glenwood Rd. SW Tax Parcel No: 102301-3-010-2008 2. Signature: _ 7 a Printed Name: a .: / I )mil rca A �nJ Terri L. Washburn A�G�st zI'7L 2A08 Date: September— 008- Property Address: 6390 Glenwood Rd. SW Tax Parcel No: 102301-3-010-2008 Signature: Printed Name: Jeffery L. Grant Property Address: 6394 Glenwood Rd. SW Tax Parcel No: 102301-3-013-2005 Signature: Printed Name: Catherine A. Grant Property Address: 6394 Glenwood Rd. SW Tax Parcel No: 102301-3-013-2005 Signature: Printed Name: Christie Moon Crother, Trustee Property Address: (No Sffus Address Assigned) Tax Parcel No: 1023?1-3-015-2003 Planning Faro 006/Petition for Annexation Application/ (05/08) Date: September 2008 Date: September 2008 Date: September 2008 ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Signature: Printed Name: Mark P. Washburn PropertyAddress: 6390 Glenwood Rd. SW Tax Parcel No: 102301-3-010-2008 Signature: Printed Name: Terri L. Washburn Property Address: 6390 Glenwood Rd. SW Tax Parcel No: 102301-3-010-2008 3. Signature: Printed Name: _ Property Address: Tax Parcel No: A. Signature: Printed Name: Property Address: Tax Parcel No: Signature: Grant Rd. SW Rd. SW Date: September 2008 Date: September 2008 Date: September 6 ,2008 Date: September 8 ,2008 Date: September 2008 Printed Name: Christie Moon Crother, Trustee Property Address: No SHus Address Asslgned) Tax Parcel No: 102101-3-015-2003 Planning Focm 006/Petitim for Annexation Application/ (05108) ANNEXATION PETITION FORM OWNERS SIGNATURES We, the undersigned, being owners of the real property lying contiguous to the City of Port Orchard, Washington, described in Exhibits A do hereby petition that such territory be annexed and made a part of the City of Port Orchard, and that comprehensive plan and zoning designations be adopted and the indebtedness of the City of Port Orchard be assumed upon annexation. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Signature: Printed Name: Mark F. Property Address: 6390 Glenwood Rd. SW Tax Parcel No: 102301.3-010-2008 Signature: Printed Name: Terri L. Washburn Property Address: 6390 Glenwood Rd. SW Tax Parcel No: 102301-3-010-2008 Signature: Printed Name: Jeffery L. Grant Property Address: 6394 Glenwood Rd. SW Tax Parcel No: 102301-3-013-2005 Date: September 2008 Date: September 2008 September 2008 Signature: Date: September 2008 Printed Name: Catherine A. Grant Property Address: 6394 Glenwood Rd. SW Tax Parcel No: 1023014-013-2005 5, Signature: J Printed Name: unnSne Moon Grolner, Trustee Property Address: (No Situs Address Assigned) Tax Parcel No: 1 027,01 .3-015-2003 Planning Form 006/Petition for Annexation Application/ (05/08) September X ,2008 LLJ a:. CLIENT; Washburn/ Grant/Crothers 6394 Glenwood Road SW Port Orchard, Wash. 98367 December 29, 2008 Proposed Washburn-Grant-Crother annexation to the City of Port Orchard The North half of the South half of the Southeast quarter of the Southwest quarter AND the North half of the South half of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 1 East, W.M., Kitsap County, Washington lying west of Glenwood Road SW. Legal Description as approved by Kitsap County Public Works Dept. 12/29/08 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 011-08 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION DESIGNATING PROPERTY MEDIUM DENSITY RESIDENTIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND RESIDENTIAL 8 (IRS) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED ON THE WEST SIDE OF GLENWOOD ROAD SW, APPROXIMATELY 1500 FEET SOUTHWEST OF THE INTERSECTION OF GLENWOOD ROAD SW AND SEDGWICK ROAD SW , IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 01 EAST, W.M., IN KITSAP COUNTY, WASHINGTON TAX PARCEL NOS.: 102301-3-010-2008, 102301-3-013-2005, 102301-3-014-2004, 102301-3-015-2003 WHEREAS, the applicants submitted a petition for annexation of four parcels, totaling approximately 11.25 acres, located on the west side of Glenwood Road SW, approximately 1500 feet southwest of the intersection of Glenwood Road SW and Sedgwick Road SW; and WHEREAS, in December 2006 Kitsap County included the property legally described and geographically depicted in Exhibit "A" ("the Property") in the South Kitsap UGA, and the Property is designated in the County comprehensive plan as Urban Low -Density Residential; and WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, the Planning Commission held a Public Hearing for the zoning/comp plan designation on December 15, 2008; and WHEREAS, the Planning Commission heard testimony in favor of the proposal from the applicant and there was no testimony in opposition to the proposal; and WHEREAS, being fully advised, the Planning Commission finds and concludes as follows: FINDINGS 1, A Petition for Annexation of the Property into the City was received on September 16, 2008. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban Low -Density Residential in the County Comprehensive Plan and on the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from Glenwood Road SW. 6. The Property is adjacent to areas of Urban Low -Density Residential comprehensive plan designations within Kitsap County, and Residential Medium Density in the City. 7. The Growth Management Act requires that upon approval of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. 8. The purpose of the single family detached/attached residential zones (R8 - up to 8.0 units/net useable acre) is to (a) define areas that allow a greater dwelling unit density - particularly in locations that are well served by the arterial circulation system and community facilities in general, (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. CONCLUSIONS 1. Medium -Density Residential is the most appropriate comprehensive plan designation for the Property. Designating the Property Medium -Density Residential is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Medium -Density Residential is in furtherance of the health, safety, and general welfare of the community. 3. Zoning the Property Residential 8 (118) is consistent with the City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. NOW, THEREFORE, RE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the application for a Comprehensive Plan designation of Medium -Density Residential, and R8 zoning for the subject property, to be effective upon annexation. PASSED by the Planning Commission of the City of Port Orchard this 15th day of December, 2008, ATTEST: X-1 Weaver, City Development Director Gil Michael, Chairman City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6B Subject: Public Hearing Regarding Annexation of Washburn, Grant, Carothers Property Meeting Date: January 27, 2009 Prepared by: Atty Routing No: Atty Review Date: James Weaver Development Director NA NA Summary: Mark & Terri Washburn, Jeffery & Catherine Grant, and Christie Moon Crother Trust, property owners, submitted a complete Petition for Annexation on November 20, 2oo8, to annex four parcels totaling 11.25 acres, located on the west side of Glenwood Road SW, approximately 1500 feet southwest of the intersection of Glenwood Road SW and Sedgwick Road SW (Tax Parcel Numbers 102301-3-010-2oo8, 102301-3- 013-2005, 102301-3-014-2004, & 102301-3-015-2003). The four parcels lie directly south and adjacent to an area with City comprehensive plan designation of Commercial and zoning of Mixed -Use. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6. Kitsap County designated these parcels as Urban Low -Density Residential in their Comprehensive Plan, with zoning of Urban Low Residential (UL). In UL, residential units are allowed up to nine dwelling units per acre. The petitioners are requesting to be annexed with City comprehensive plan designation of Residential Medium Density and zoning of Residential 8 (R8). The Notice of Intent to Petition for Annexation was submitted to and reviewed by the City Council at a regularly scheduled meeting held on June 24, 2oo8. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The applicant submitted the completed formal Petition for Annexation on November 20, 2oo8. The City issued a programmatic Determination of Non -Significance (DNS) on December o6, 2oo8 with the comment period ending December 20, 2oo8. The Planning Commission conducted a public meeting on December 15, 2oo8 and heard testimony in support of a Comprehensive Plan designation of Medium Density Residential and Residential 8 zoning for the parcels upon annexation. The Planning Commission approved Resolution oil-o8 designating property Medium Density Residential on the City of Port Orchard Comprehensive Plan map and Residential 8 (R8) on the City of Port Orchard zoning map, to become effective upon annexation. RCW 35.13.178 requires the Council to hold two public hearings before adopting pre - annexation comprehensive plan and zoning designations. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area that might reasonably be expected to be annexed by the City at any future time. The City's Comprehensive Plan provides that areas designated Medium Density Residential shall have adequate water, sewer and drainage services and should have at least four of the following characteristics: (a) Existing residential medium density areas; (b) Street service mainly by local access streets; (c) Existing buffers surrounding the designation, including park or sensitive areas; (d) Existing or potential for parks or open space by design; (e) Major arterials define the edge of the area; (f) Area includes an existing or potential public recreation area; (g) Area is adjacent to a public services facility; (h) Ability to identify potential areas for open space in new development areas. Attachments: Petition Site Map Legal Description Planning Commission Resolution No. oil-o8 Public Hearing 6B Page 2 of 2 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Public Hearing: December 30, 20o8 Postponed: January 13, 2009 Adopted: ORDINANCE NO. 049-o8 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING MAP TO CHANGE THE ZONING DESIGNATION OF CERTAIN PROPERTY LOCATED WITHIN THE CITY OF PORT ORCHARD FROM EMPLOYMENT-INDUSTRAIL/OFFICE (EO) TO COMMERCIAL-RETAIL/OFFICE (CO). TAX PARCEL NO. 112301-2-047-2oo6 LEGAL DESCRIPTION: SW 1/4 of the NW 1/4 of Section 11, T 23N, R1E., W.M. FULL LEGAL: PARCEL B OF SEGREGATION REQUEST DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SECTION 11 TOWNSHIP 23 NORTH RANGE 1 EAST, WM.; THENCE S89*02'o8 E 817.54 FEET TO A POINT ON THE SOUTH MARGIN OF SE SEDGWICK ROAD AND THE TRUE POINT OF BEGINNING; THENCE N18*12'27 E 23.37 FEET TO A POINT ON A 730.00 FOOT RADIUS CURVE TO THE LEFT (RADUS POINT BEARS No9*32'04 W); THENCE ALONG SAID CURVE, 577•o9 FEET TO THE NORTH LINE OF THE SOUTH 10 ACRES OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE S89*o1'28'E ALONG SAID NORTH LINE, 34.29 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11; THENCE S02*22'59 W ALONG SAID EAST LINE 329.7o FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N89 *02'o8'W ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 503.73 FEET TO THE TRUE POINT OF BEGINNNG. > > >TOGETHER WITH THAT PORTION OF THE NORTH 5 ACRES OF THE SOUTH 15 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY MARGIN OF SEDGWICK ROAD AS CONVEYED UNDER AUDITOR'S FILE NO. 2007o6150207. Ordinance No. 049-08 Page 2 of 3 WHEREAS, an application was received on October 11, 2007 from Nick Reynolds (Rezone Application R-1168) requesting approval of a rezone to change the existing zoning on a parcel totaling 1.7 acres with a current zoning designation of Employment-Industrial/Office (EO) to Commercial-Retail/Office (CO); legally described above; and WHEREAS, a Mitigated Determination of Non -Significance was issued on October 29, 2oo8; and WHEREAS, the Planning Commission considered the application at a public hearing on November 17, 2oo8 and heard testimony on the proposal from the applicant's agent and the public; and recommended approval of the rezone to the City Council subject to certain conditions, as set forth in Exhibit A; and WHEREAS, the City Council held a public hearing on December 23, 2oo8 and heard testimony on the proposal from the applicant and the public; and WHEREAS, the Comprehensive Plan designation for the property is Commercial, which allows the proposed development, and the proposed rezone would be consistent with the goals and policies of the Comprehensive Plan; and WHEREAS, the proposed rezone is not detrimental to the health, safety, and welfare of the community and is both consistent with and in harmony with the general purposes of the Land Use Regulatory Code, Growth Management Act, and Comprehensive Plan; and WHEREAS, being fully advised, the Council finds and concludes as follows: TESTIMONY AND EXHIBITS The Council bases its Findings and Conclusions on the following Exhibits and Testimony: 1. The following documents were admitted into the record as exhibits: a. Agenda Staff Report dated December 23, 2008. b. Planning Commission Resolution No. oio-o8 and all supporting documents. c. Planning Commission Staff Report dated October 15, 2007. d. Application Packet. e. Notice/SEPA/DNS. f. Notice to Adjacent Property Owners. 2. Director James Weaver presented the Staff Report. 3. Testimony of , agent for the applicant, on behalf of the applicant. 4. Testimony of 5. No other testimony or exhibits were offered by the public. Ordinance No. 049-08 Paae 3 of 3 FINDINGS AND CONCLUSIONS The Council adopts the Planning Commission's findings, conclusions, and conditions as set forth in the Planning Commission Resolution oio-o8 for the Seabeck Pizza Rezone No. R-1168, (Attached Exhibit A) as its own, and the same are incorporated by reference; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. Based upon the exhibits, public testimony, recommendations of city staff and the Planning Commission, and the findings and conclusions contained herein, the City of Port Orchard Zoning Map, is hereby amended by changing the zoning designation for the property described above, to -wit: Parcel Number 112301-2-047-2006 from Employment-Industrial/Office (EO) to Commercial-Retail/Office (CO), subject to any conditions set forth in Planning Commission Resolution No. 0l0-08 attached hereto as Exhibit "A." SECTION a. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. ATTEST: Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Greg A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: Rob Putaansuu, Councilmember Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Business Item 7A Meeting Date: January 27, 2009 Subject: Adoption of Ordinance No. 049-o8, Prepared by: Approving the Seabeck Pizza Rezone Atty Routing No: Atty Review Date: James Weaver Development Director 212-08 December 1-. 2oo8 Summary: A public hearing was conducted at the December 30, 2008, meeting, and continued on the January 13, 2009, meeting to discuss the requested rezone of the subject property from Employment-Industrial/Office (EO) zone to Commercial-Retail/Office. The rezone would bring the property into compliance with its Comprehensive Plan designation and make it more compatible with neighboring zoning. The Planning Commission held a hearing on November 17, 20o8, and recommended approval of the rezone, while approving a variance from the City's Critical Areas Ordinance, with conditions as set forth in Planning Commission Resolution No. olo-o8. Recommendation: Approve the rezone as conditioned. Motion for consideration: I move to adopt Ordinance No. 049-o8, affirming the Planning Commission's recommendation to approve the rezone of parcel 112301-2-047-2oo6 from Employment (EO) to Commercial (CO) zoning. Fiscal Impact: None Alternatives: Deny the rezone, amend the rezone ordinance Attachments: Ordinance No. 049-o8 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director First Public Hearing: November 25, 2008 Second Public Hearing: January 27, 2009 Discussion: January 27, 2009 Adopted: January 27, 2009 ORDINANCE NO. 002-09 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, AND ESTABLISHING COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY, DESIGNATING PROPERTY MEDIUM DENSITY RESIDENTIAL ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP AND RESIDENTILA 12 DWELLING UNITS PER ACRE (R-12) ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS LOCATED IN THE SW 1/4 OF THE NE 1/4 SECTION 25, TOWNSHIP 24 NORTH, RANGE i EAST, W.M., IN KITSAP COUNTY, WASHINGTON ASSESSORS ACCOUNT NUMBER: 4538-010-005-0007 WHEREAS, The City Council was notified in writing by the owner of l00% in value of the real property legally described and geographically depicted in Exhibit "A" attached hereto, of the owner's intention to commence annexation proceedings; and WHEREAS, a meeting was held on the 27th day of May, 2oo8, between the initiating party of this annexation and the Council of the City of Port Orchard, at which Ordinance No. 002-09 Page 2 of 5 time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of comprehensive plan and zoning regulations, and the assumption of city indebtedness by the area to be annexed upon annexation; and WHEREAS, the Property is comprised of three parcels totaling approximately 4.16 acres contiguous to the City limits, located at the east terminus of East 4th Street, and WHEREAS, the petition was circulated, filed with the City Council, and certified by the County Assessor as containing the signatures of owners as set forth in RCW 35.21.005, of i00% in value, according to the assessed valuation for general taxation, of the property to be annexed; and WHEREAS, the City properly filed a Notice of Intention and related documents with the Kitsap County Boundary Review Board, and the proposed action was deemed approved by the Board on January 8, 2009; and WHEREAS, in December 2006 Kitsap County added the property legally described and geographically depicted in Exhibit "A" ("the Property") to the City of Port Orchard UGA and designating the Property on the county comprehensive plan as Urban Low Density Residential; and WHEREAS, RCW 35-13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, pursuant to RCW 36.7oA.130(2)(b), after appropriate public participation a city may adopt amendments or revisions to its comprehensive plan whenever an emergency exists; and WHEREAS, the Planning Commission held a Public Meeting for the pre - annexation comp plan/zoning designation on July 21, 2oo8 and recommended that the City Council designate the Property Medium Density Residential on the City of Port Orchard Comprehensive Plan Map and Residential 12 dwelling units per acre (R-12), to become effective upon annexation; and WHEREAS, pursuant to RCW 35-13.177 and 35-13.178, the Port Orchard Planning Commission adopted Resolution o06-08, recommending the designation of the proposed annexation area Medium Density Residential on the City of Port Orchard Comprehensive Plan Map and Residential 123 dwelling units per acre (R-12), on the City of Port Orchard Zoning Map, to become effective upon annexation; and WHEREAS, pursuant to RCW 35.13.14o, a public hearing was held on December 23, 2oo8, which hearing was duly noticed through publication in a newspaper of general Ordinance No. 002-09 Page 3 of 5 circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation; and WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order to accomplish the proposed annexation; now therefore WHEREAS, being fully advised, the Council finds and concludes as follows: FINDINGS 1. A Petition for Annexation of the Property into the City was received on June 27, 2oo8. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. The Property is currently designated Urban Low Density Residential in the County Comprehensive Plan and Urban Low in the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property may have access from East 4th Street. 6. The Property is adjacent to Community Facility (CF) zoned areas and is in close proximity to R-12. The applicant expects to develop the property at a density of 12 units per acre. 7. The GMA requires that upon adoption of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. The city is designating this parcel and Medium Density Residential on the Comprehensive Plan map and Residential 12 dwelling units per acre on the Zoning map in conformance with GMA requirements. 8. The purpose of the R-12 zoning designation is to provide for the broadest mix of residential uses including single-family attached and detached and multi -family residences. CONCLUSIONS 1. Medium Density Residential is the most appropriate comprehensive plan designation for the Property. Designating the parcel Medium Density Residential is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 2. Designating the Property Medium Density Residential in furtherance of the health, safety, and general welfare of the community. 3. Zoning the property Residential 12 Units per acre, (R-12) is consistent with the City's Zoning Ordinance and Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. 4. An emergency exists, justifying an exception to the requirement that amendments or revisions to a comprehensive plan be considered no more frequently than once every year. Ordinance No. 002-09 Page 4Of5 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION i. The unincorporated real property located in Kitsap County, Washington, contiguous to the City of Port Orchard and legally described and geographically depicted in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. SECTION 2. As provided in the annexation petition, all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the date of annexation. SECTION .-i. As provided in Ordinance No. 002-09, all property within the territory annexed is hereby designated Medium Density Residential on the Comprehensive Plan Map and Residential 12 dwelling units per acre (R-12) on the City of Port Orchard Zoning Map. SECTION 4. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management as directed by RCW 35.13.260, and to provide such other notice of this annexation as required by law. SECTION 5. The amendment to the Comprehensive Plan Map is declared an emergency under RCW 36.7oA.130(2)(b). SECTION 6. The City of Port Orchard Comprehensive Plan Map, adopted by Ordinance No. 042-08, is hereby amended by adding the property described in Exhibit "A" and designating it Medium Density Residential, to become effective upon annexation. SECTION 7. The City of Port Orchard Zoning Map, adopted by Ordinance No. 042-08, is hereby amended by adding the property described in Exhibit "A" and classifying it as Residential 12 dwelling units per acre (R-12) to become effective upon annexation. SECTION 8. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION q. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. Ordinance No. 002-09 Page 5 of 5 PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the City Clerk in authentication of such passage this 27th day of January 2009. rvr�W Patricia J. Kirkpatrick, City Clerk APPROVED AS TO FORM: Greg A. Jacoby, City Attorney Lary Coppola, Mayor Sponsored by: John Clauson, Councilmember Agenda Item No City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Business Item 7B Meeting Date: January 27, 2009 Subject: Adoption of Ordinance No. 002-09, Approving the Annexation Request for the Reynolds Property Prepared by: James Weaver Atty Routing No: Atty Review Date: Development Director NA NA Summarv: The public hearing for approval of City Council Ordinance No. 002-09 for the annexation of a single parcel which total approximately 4.16 acres, and the associated rights -of - way (Tax Parcel No. 4538-010-005-0007) at the request of Martin Reynolds was heard earlier in the meeting. The parcel is located in at the terminus of East 4th Street the vicinity of Retsil Road SE and the Retsil Veterans Cemetery, in the SW 1/4 of the NE 1/4 of Sec. 25, T24N, R1E, W.M. The property is has a Kitsap County Comprehensive Plan designation of Urban Low Density Residential and a Kitsap County Zoning Designation of Urban Low. With approval of this annexation, these properties will have a City of Port Orchard Comprehensive Plan Designation of Medium Density Residential and a zoning designation of Residential, 12 units per acre (R-12). The City Council held two required Public Hearings on November 25, 2008 and December 30, 2008. This Ordinance gives final approval by Council of the annexation request and approves the simultaneous adoption of both Comprehensive and Zoning designations. Recommendation: Adopt Ordinance No. 002-09 Motion for consideration: I move to adopt Ordinance No. 002-09, approving the Martin Reynolds petition for annexation of a single parcel that totals approximately 4.16 acres and the associated rights -of -way. Fiscal Impact: None Alternatives: Take no action Attachments: Ordinance No. 002-09 216 Prospect Street Port orchard, WA 98366 Phone (360) 876-4991 - Fax (360) 876-4980 Staff Use Only / Late Received: f tl 7�E1= By; Receipt#fi File# PROJECT NAT E: Sidnev & Bern+ Lake Annexation must accompany Your aD�aiication CONTACT INFORMATION T�iis-sheet,•,_ __.._.� A. Signer Information Name: Company Nai€ne/DBA: Mist Ventures LLC .......... Title/Position:-- Mailing Address: City/State/Zip Code: Phone No. _�fc r— %� �a� � _.. Fax No.- E-mail Address: If CORPORATION OIL LLC, please read and sign below: Washington State Low requires fhe petition signer to meet the requirements of Revised Code of Washington (RCW) 35.21,005 9(e) below: (e) When the petition seeks annexation, any officer of a corporation owning land within the area involved, who is duty authorized to execute deeds or encumbrances on behalf of the corporation, may sign under oath on behalf of such corporation. if an officer signs the petition, he or she must attach can affidavit stating that he or she is duly authorized to sign the petition on behalf of such corporation 1,---T:�iZE -`:1' holding the office of ;Ni0_. _ of the Company or Corporation listed above, hereby certify that I am duly authorized to sign the petition of annexation on behalf of the Corporation in conformance with RCW 35.21.005 above. 10/20108 _ Signature of Officer Date Exhibit A Resolution No. oo6-o9 022301-3-001-2009 ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., LYING WESTERLY OF STATE HIGHWAY 16, (FORMERLY NO 14) MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 321.75 TO THE TRUE POINT OF BEGINNING OF THE PROPERTY THEREIN DESCRIBED; THENCE CONTINUING NORTH ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, 321.75 FEET; THENCE EAST TO THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE TO A POINT THAT IS EAST FROM THE TRUE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN THE GRADE INTERSECTION; EXCEPT THAT PORTION LYING SOUTHEASTERLY OF THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF SIDNEY ROAD AS CONVEYED IN DEED RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 336182; AND EXCEPT THE WEST 6o FEET THEREOF AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NO. 639858; SITUATE IN KITSAP COUNTY, WASHINGTON. Exhibit B Resolution No. oo6-og 022301-3-002-2008 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 321.75 FEET; THENCE EAST TO COUNTY ROAD; THENCE SOUTHERLY ALONG COUNTRY ROAD TO SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE WEST TO POINT OF BEGINNING; EXCEPT PORTION LYING EAST OF THE NEW COUNTY ROAD (SIDNEY ROAD); AND EXCEPT PORTION CONVEYED TO STATE OF WASHINGTON FOR STATE HIGHWAY NO. 14, UNDER AUDITOR'S FILE NO. 627603; AND EXCEPT COUNTY ROAD; ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION NORTH 321.75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST TO A POINT ON THAT RIGHT OF WAY LINE DRAWN PARALLEL WITH AND 6o FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE A 14 LINE SURVEY OF STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET; THENCE SOUTH, ALONG SAID RIGHT OF WAY LINE, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION A 14 40+20.40 ON SAID A 14 LINE SURVEY AND THE TRUE POINT OF BEGINNING; THENCE S53*52'5o E 93•0o FEET, MORE OR LESS, TO THE COUNTY ROAD (SIDNEY ROAD); THENCE SOUTHWESTERLY, ALONG SAID COUNTY ROAD, TO INTERSECT SAID RIGHT OF WAY LINE; THENCE NORTH, ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON. 022301-3-026-2000 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION NORTH 321- 75 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE EAST TO A POINT ON THE RIGHT OF WAY LINE DRAWN PARALLEL WITH AND 6o FEET EASTERLY, WHEN MEASURED AT RIGHT ANGLES, FROM THE A 14 LINE SURVEY OF STATE HIGHWAY ROUTE NO. 16, OLYMPIC DRIVE TO TREMONT STREET; THENCE SOUTH, ALONG SAID RIGHT OF WAY LINE, TO A POINT OPPOSITE HIGHWAY ENGINEER'S STATION A14 40+20.40 ON SAID A 14 LINE SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 53*52'5o EAST 93.0o FEET, MORE OR LESS, TO THE COUNTY ROAD (SIDNEY ROAD); THENCE SOUTHWESTERLY, ALONG SAID COUNTY ROAD, TO INTERSECT SAID RIGHT OF WAY LINE; THENCE NORTH, ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT OF BEGINNING; SITUATE IN KITSAP COUNTY, WASHINGTON. 022301-3-003-200 7 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY MARGIN OF SIDNEY ROAD, AS DISCLOSED IN VOL 257, PAGE 366 OF DEEDS, WHERE SAID EASTERLY MARGIN OF SIDNEY ROAD INTERSECT THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST TO THE WESTERLY MARGIN OF STATE HIGHWAY 16 (FORMERLY PRIMARY STATE HIGHWAY NO. 14); THENCE NORTHWESTERLY ALONG SAID MARGIN TO THE EASTERLY MARGIN OF SIDNEY ROAD; THENCE SOUTHWESTERLY ALONG SAID EASTERLY MARGIN TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. Page 1 of 2 022301-3-007-2003 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST 650 FEET; THENCE SOUTH 374 FEET; THENCE WEST 35o FEET; THENCE NORTH 344 FEET; THENCE WEST 30o FEET; THENCE NORTH 3o FEET TO THE POINT OF BEGINNING; EXCEPT COUNTY ROAD; AND EXCEPT THAT PORTION THEREOF LYING WITHIN STATE HIGHWAY NO. 14; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER AUDITOR'S FILE NOS. 634702 AND 635817; SITUATE IN THE COUNTY OF KITSAP, STATE OF WASHINGTON. 022301-3-005-2005 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 3o FEET SOUTH AND 5o FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; RUNNING THENCE EAST 215 FEET; THENCE SOUTH 32o FEET; THENCE WEST 265 FEET; THENCE NORTHEASTERLY 323 FEET TO THE POINT OF BEGINNING; EXCEPT ROADS. Page 2 of 2 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: January 27, 2009 Adopted: January 27, 2009 RESOLUTION NO. oo6-o9 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF CITY RIGHT-OF-WAY OF THE 430o BLOCK OF SIDNEY ROAD S.W. LEGAL DESCRIPTION: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2 AND A PROTION OF THE SOUTHEAST QUARTER OF SECTION 3 ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED IN EXHIBIT A Commented [jam: I do not have any exhibits INCORPORATED AND ATTACHED HEREIN. ADJACENT PARCEL NO: 022301-3-001-2009 LEGAL DESCRIPTION: A PORTION OF THE WEST HALF OF SECTION 2 AND A PORTION OF THE EAST HALF OF SECTION 3 ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED IN EXHIBIT BI Commented [jaf2]: I do not have any exhibits INCORPORATED AND ATTACHED HEREIN. ADJACENT PARCEL NOS: 022301-3-002-2oo8, 022301-3-026-2000 022301-3-003-2007, 022301-3-007-2003, and 022301-3-005-2005 WHEREAS, the petitioners, Mist Ventures, have submitted a petition to vacate a portion of City right-of-way located in the 43oo Block of Sidney Road S.W., which was annexed by the City on December 30, 2008, pursuant to Ordinance No. 048-o8; and WHEREAS, the petitioners constitute more than two-thirds (2/3) of the owners of the property abutting the area proposed for vacation pursuant to RCW 35.79•olo; and WHEREAS, the property sought to be vacated is approximately 46,o85 square feet; and WHEREAS, pursuant to Resolution 199o, the City Council Public Property Committee and the City Engineer have reviewed the petition and recommend adoption; and Resolution No. oo6-og Page 2 of 2 WHEREAS, petitioners have requested that proceedings be had hereon for the vacation of said right-of-way in the manner prescribed by Chapter 35.79 RCW; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: A Public Hearing on a Petition to vacate a portion of City right-of-way located in the 43oo Block of Sidney Road S.W., as submitted by Mist Ventures, is hereby set for Tuesday, February io, 2oo9, at 7:00 p.m. in the Robert G. Geiger Council Chambers, City Hall, 216 Prospect Street, Port Orchard, Washington. THAT: Public Notice shall be posted pursuant to RCW 35.79.02o, and that individual notice shall be mailed to the owners of Parcel No. 022301-3-005-2005 pursuant to the records of the County. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: January 27, 2009 Subject: Adoption of Resolution No. oo6-o9, Prepared by: Patti Kirkpatrick, CMC Setting the Date and Time of City Clerk Hearing For Street Vacation in City Atty Routing No: 002-09 Right -of -Way in the 43oo Block of Atty Review Date: January 7, 2009 Sidney Road S.W. Summarv: The applicant Mist Ventures, submitted a request to vacate a portion of City right-of- way in the 43oo Block of Sidney Road S.W. RCW 25.79 states that the City needs to adopt a resolution setting the date and time of a Public Hearing to vacate the City's right-of-way. The City Engineer and Public Property Committee have reviewed the request submitted by Mist Ventures and recommend review by the full Council. Upon adoption of the resolution, staff will post proper notice of the date and time of the hearing and provide notice to adjacent property owners. Recommendation: Staff recommends the Council adopt Resolution No. oo6-o9, setting the date and time of hearing for the street vacation in City Right -Of -Way in the 430o Block of Sidney Road S.W. to be held at the February 10, 2oo9, regular meeting and to post proper notice of the hearing. Motion for consideration: I move to adopt Resolution No. oo6-o9, setting the Public Hearing for February 10, 2009, to occur during the regular Council meeting, on a petition to vacate a portion of City right-of-way in the 43oo Block of Sidney Road S.W., as submitted by Mist Ventures. Fiscal Impact: City Clerk's office has received the $too vacation processing fee and a certified check for the full appraisal amount of $92,000. Alternatives: Deny the setting of the Public Hearing and return the appraisal fees. Attachments: Resolution No. oo6-o9 Public Property Committee Minutes Street Vacation Application (to be provided to Council prior to Tuesday's meeting) Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: January 27, 2009 Adopted: January 27, 2009 RESOLUTION NO. 007-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE ART ANDERSON ASSOCIATES, INC. CONTRACT FOR FEASIBILITY & CONCEPTUAL DESIGN OF THE TOWN CENTER PROJECT AND PARKING DESIGN, BEING A i-YEAR CONTRACT EXTENSION. WHEREAS, the City of Port Orchard authorized the Mayor to sign a contract with Art Anderson Associates, Inc. on November 12, 2008 in the amount not to exceed $15,000.00 for the Feasibility and Conceptual Design of the Town Center Project and Parking Garage; and WHEREAS, the City of Port Orchard issued Change Order No. 1 to Art Anderson & Associates, Inc. November 25, 2oo8 in the amount not to exceed $15,000.00; and WHEREAS, the initial contract completion date of December 31, 2oo8 was predicated upon a funding source deadline that did not come to fruition; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute Change Order No. 2 (Exhibit A) for the Feasibility and Conceptual Design of the Town Center Project and Parking Garage, thereby granting a 1-year contract extension to December 31, 2009. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk 9/8/2020 1:20 PM Date: Project: Contract / Job # CITY OF PORT ORCHARD Authorization for Change Order #2 01 / 27/ 09 Contractor: Parking Garage Brief Description of Change Order work (Documentation to be attached): Time Extension of one year. Art Anderson & Assoc 200 Pacific Avenue Bremerton. WA 98337-1932 Contract History $ Date Appvd b Original Contract $15 000.00 12-Nov-08 Council C ha nge Order 1 $15,000.00 $0.00 25-Nov-08 Council Change Order2 Change Order3 Change Order4 Change Order5 Change Order6 Change Order7 Total Contract $30,000.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptionsand costsare true and accurate. Submitted by: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Attest: Change Orders over $15,000 (per project) require Council action. Public Works Director/City Engineer Mayor City Clerk Council Approval Date Page 1 of 1 ommon change order City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7D Meeting Date: Subject: Adoption of Resolution No. 007-09, Prepared by: Authorizing the Mayor to Sign Change Order No. 2, with Art Anderson for Atty Routing No: Feasibility and Conceptual Design for Atty Review Date: Town Center Project and Parking Garage for Final Report January 27, 2009 Mark Dorsey, P.E. Public Works Director NA NA Summarv: On November 12, 2oo8, the City Council authorized the Mayor to sign a contract with Art Anderson Associates, Inc. (pursuant to Resolution 048-o8) in an amount not to exceed $15,000. On November 25, 2oo8, the City Council authorized the Mayor to sign Change Order No. 1 with Art Anderson & Associates, Inc. (pursuant to Resolution No. 007-08) in an amount not to exceed $15,000.00. The initial contract completion date was predicated upon a funding source deadline that did not come to fruition. Therefore, Change Order No. 2 with Art Anderson Associates, Inc. is for additional Contract Time only and will provide a 1-year extension to December 31, 2009. Recommendation: Staff recommends authorization for the Mayor to sign Change Order No. 2 to the contract with Art Anderson Associates, Inc. for a 1-year contract extension to December 31, 2009. Motion for consideration: I move to authorize the Mayor to sign Change Order No. 2 to the contract with Art Anderson Associates, Inc. for a 1-year contract extension to December 31, 2009. Fiscal Impact: None Alternatives: None Attachments: Change Order No. 2 Resolution No. 007-09 Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: January 27, 2009 Adopted: January 27, 2009 RESOLUTION NO. 008-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE HWA GEOSCIENCES CONTRACT FOR SOILS INVESTIGATIONS / PRE -DESIGN FOR TOWN CENTER PROJECT AND PARKING DESIGN, BEING A 3- MONTH CONTRACT EXTENSION. WHEREAS, the City of Port Orchard authorized the Mayor to sign a contract with HWA GeoSciences on November 12, 20o8, in the amount not to exceed $15,000 for the Soils Investigation/Pre-Design for the Town Center Project and Parking Garage; and WHEREAS, the initial contract completion date of December 31, 20o8 was predicated upon a funding source deadline that did not come to fruition; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute Change Order No. 1 (Exhibit A) for the Soils Investigation/Pre-Design for the Town Center Project and Parking Garage, thereby granting a three-month contract extension to March 31, 2009. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk 9/8/2020 1:21 PM CITY OF PORT ORCHARD Authorization for Change Order #1 Date: 01 / 27/ 09 Contractor: Project: Parking Garage Contract / Job # Soils Investigation Brief Description of Change Order work (Documentation to be attached): Time Extension of three Months. HWA Geoscience, Inc 19730 64t" Ave W Lvnnwood. WA 98036-5957 Contract History $ Da to Appvd b Original Contract $15 000.00 12-Nov-08 Council Change Order 1 $0.00 _ Change Order2 Change Order3 Change Order4 Change Order5 Change Order6 Change Order7 Total Contract $15,000.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptionsand costsare true and accurate. Submitted by: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Public Works Director/City Engineer Mayor Attest: City Clerk Change Orders over $15,000 (per project) require Council action. Council Approval Date Page 1 of 1 ommon change order City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7E Meeting Date: January 27, 2009 Subject: Adoption of Resolution No. oo8-o9, Prepared by: Mark Dorsey, P.E. Authorizing the Mayor to Sign Change Public Works Director Order No. 1 with HWA GeoScience, Inc. Atty Routing No: NA For Soils Investigations/Pre-Design for Atty Review Date: NA Town Center Project and Parking Garage Summary: On November 12, 2oo8, the City Council authorized the Mayor to sign a contract with HWA GeoSciences, Inc. (pursuant to Resolution oo8-o8) in an amount not to exceed $15,000. The initial contract completion date was predicated upon a funding source deadline that did not come to fruition. Therefore, Change Order No. 1 with HWA GeoSciences, Inc. is for additional Contract Time only and will provide a 3-month extension to March 31, 2009. Recommendation: Staff recommends authorization for the Mayor to sign Change Order No. 1 to the contract with HWA GeoSciences, Inc. for a 3-month contract extension to March 31, 2009. Motion for consideration: I move to authorize the Mayor to sign Change Order No. 1 to the contract with HWA GeoSciences, Inc. for a 3-month contract extension to March 31, 2009. Fiscal Impact: None Alternatives: None Attachments: Change Order No. 1 Resolution No. oo8-o9 CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 (360) 874-5523 BILL TO Battelle, Pacific Northwest Division Attm Accounts Payable PO Box 999,MSIN:J 1 -04 Ricbland, WA 99352 DATE INVOICE # 123108-12 l 2/31/2008 P.O. NUMBER DESCRIPTION CODING PRICE EACH QUANTITY AMOUNT Reimbursement of costs for City Officers 0.00 participating in DNDO Puget Sound Small Vessel PRND Pilot Project Training Officer 9704 Overtime Salary 49.86 7.5 373.95 Officer #704Overtime Benefits 55.29 1 55.29 Officer #705 Overtime Salary 50.685 16 810.96 Officer #705 Overtime Benefits 121.08 1.21,08 Officer #713 Overtime Salary 50.025 7 350.18 Officer #713 Overtime Benefits 53.83 1 53.83 Officer #715 Overtime Salary 49.905 8 399.24 Officer #71.5 Overtime Benefits 59.03 1 59.03 Officer #720 Overtime Salary 47.175 8 377.40 Officer #720 Overtime Benefits 55.98 1 55.98 Total $2,656.94 CONTRACT NO.014-09 BATTELLE MEMORIAL INSTITUTE PACIFIC NORTHWEST DIVISION CONTRACT NO. 014-09 Support to the Department of Homeland Security Domestic Nuclear Detection Office's (DNDO) West Coast Maritime Preventive Rad/Nuc Detection (PRND) Pilot Project SCHEDULE I. RECITALS The contracting parties are Battelle Memorial Institute, Pacific Northwest Division, an Ohio Corporation with principal offices in Columbus, Ohio (hereinafter called "Battelle"), and AGENCY, a local government entity located in LOCATION, (hereinafter called the "Contractor"). This contract is made for the procurement of services needed in connection with Battelle's management, operation and maintenance of the U.S. Department of Energy's Pacific Northwest National Laboratory (PNNL) at Richland, Washington, under Contract DE-AC05-76RLO1830. This is a cost reimbursement contract. IL AGREEMENTS Contract Period: The contract period shall be from the latter of either the Battelle or the Contractor representative signature dates in Article III through 9/30/2010. Ceiling Price: $XX,XXX Invoices: Battelle prefers to receive invoices electronically. To FACILITATE PROMPT PAYMENT, submit an electronic (PDF format) invoice to Battelle at: ap.invoiceskpnl.gov. Invoices may not be submitted more frequently than monthly and shall include all supporting data such as time cards, travel tickets, hotel receipts and receipts for any single travel expenditure exceeding $75.00. Invoices shall be prepared substantially in accordance with the forms listed at www.pnl.gov/contracts/documents/invoice". If electronic transmittal is not possible, one invoice and all supporting documentation will be acceptable via mail: Battelle, Pacific Northwest Division ATTN: ACCOUNTS PAYABLE P.O. Box 999, MSIN: J1-04 Richland, WA 99352 United States Travel: Allowable costs of travel shall be determined in accordance with Federal Acquisition Regulation 52.232-7 and the Federal Travel Regulations (FTRs), prescribed by the General Services Administration (see www.gsa.gov), Lodging will be reimbursed at actual expense subject to the maximum per diem rules listed in the FTRs, and meals and incidental expenses (M&IE) will be reimbursed at a flat rate per day, not to exceed the limits specified for the geographical location in the FTR. Also, the M&IE flat rate shall be prorated per the FTRs during the first and last day of travel. Contractors who claim an M&IE per diem allowance do not have to substantiate each meal expense but must demonstrate that the trip occurred with a receipt, such as an airline receipt or hotel folio, that indicates the dates of travel. Page 1 of 2 CONTRACT NO.014-09 Labor: The Contractor shall provide the qualified personnel to perform the tasks detailed in the scope of work. Rates of pay will be based on prevailing labor contract rates for specific job categories/levels. While those rates are attached as "Attachment A" actual costs billed will be based on the current rate of the individual doing the work and that may vary from those averages cited in "Attachment A". If work is actually performed when the individual is not scheduled to work, the actual costs will be computed at a time and a half basis per the current labor contract. In addition to direct labor costs, billings will include actual labor driven benefits mandated by law (e.g. FICA, etc.) as well as those mandated by the prevailing labor agreements (e.g. employer paid retirement contributions) which are based on actual hours of work paid. 6. Insurance: Minimum insurance requirements are (A) comprehensive general liability, broad form, $500,000 combined single limit each occurrence for bodily injury and property damage; (B) comprehensive automobile liability (owned and non -owned), $500,00 per person, $500,000 per occurrence for bodily injury, and $500,000 per occurrence for property damage; (C) statutory cover Workers' Compensation 7. Government -Furnished Property: The following Government property shall be delivered to the contractor: Item ID Number Date of Delivery Boat Mounted Equipment TBD TBD 8. Contract Administrator: All contractual questions should be directed to the Contract Administrator, Ms. Susan Brown, at 360-681-3698. 9. Technical Administrator: All technical questions should be directed to the Technical Administrator, Mr. Bill Peterson, at 509-375-4441. 10. Contract Contents: In addition to this Schedule, the contract consists of: a. Statement of Work, dated b. General Provisions, dated c. Representations and Certifications, d. Attachment A, AGENCY Salaries Effective 11. Inte rag tion: The Agreement contains the entire understanding between the parties, and there are no understandings or representations not set forth or incorporated by reference herein. No subsequent modifications of this agreement shall be of any force or effect unless in writing signed by the party claimed to be bound thereby. No communications, written or oral, by other than a Battelle Contract Representative shall be effective to modify or otherwise affect the provisions of the agreement. III. SIGNATURES BATTELLE MEMORIAL INSTITUTE PACIFIC NORTHWEST DIVISION M Susan L. Brown Contract Specialist Date AGENCY M Date AUTHORIZED AGENCY REP TITLE Page 2 of 2 BaneGeneral Provisions Contract No. 73689 The Buaineos a( lnnovaLion 8/4/2008 TABLE OF CONTENTS GENERAL PROVISIONS — COST REIMBURSEMENT CONTRACT........................................................................................................................ 2 DEFINITIONS(cl 301 —Apr 2000)...................................................................................................................................................... 2 ORDER OF PRECEDENCE (c1309 - Oct 1997).................................................................................................................................. 2 PATENT INDEMNITY (cl 367a -Apr 1984)....................................................................................................................................... 2 PROHIBITION OF SEGREGATED FACILITIES (cl 319 - Feb 1999)............................................................................................... 2 ASSIGNMENT (cl 357 - Jan 2003)...................................................................................................................................................... 3 DISPUTES(cl 331— Oct 1979)............................................................................................................................................................. 3 PERMITS AND RESPONSIBILITIES (cl 358 - Nov 1991)................................................................................................................. 3 COVENANT AGAINST CONTINGENT FEES (cl 339 -Apr 1984)................................................................................................... 3 BUY AMERICAN ACT -SUPPLIES (cl. 341—June 2003).................................................................................................................. 3 USE OF PACIFIC NORTHWEST NATIONAL LABORATORY OR BATTELLE NAME (cl 374 — June 2006) ............................ 4 AUTHORIZATION AND CONSENT (cl 373 - July 1995).................................................................................................................4 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (cl 321 - June 1998).................................................................4 NOTICE OF LABOR DISPUTES (cl 359 - Feb1997)......................................................................................................................... 5 WORKERS' COMPENSATION (cl 323 - Nov 1983).......................................................................................................................... 5 CONTRACT ADMINISTRATION (cl 384 - Jan 1986)....................................................................................................................... 5 CONVICT LABOR (c1390 - Aug 1996)............................................................................................................................................... 6 EQUAL OPPORTUNITY (cl 317 - Apr 2002)...................................................................................................................................... 6 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (cl 3107 - July 2000)..............................................................................7 SUBCONTRACTS FOR COMMERCIAL ITEMS (cl 364 - Sep 2006)...............................................................................................7 ACCOUNTS, RECORDS, AND INSPECTION (c1345 — Dec 2000).................................................................................................. 8 ALLOWABLE COST AND PAYMENT (cl 348 - Feb 2008).............................................................................................................. 9 CHANGES - COST REIMBURSEMENT (cl 346a - Aug 1987)........................................................................................................ 11 STOP -WORK ORDER — COST REIMBURSEMENT (cl 380a - Aug 1989)..................................................................................... 12 INSURANCE —LIABILITY TO THIRD PERSONS (cl 378b - Mar 1996)....................................................................................... 12 STATE AND LOCAL TAXES (cl 355 - Dec 2000)........................................................................................................................... 13 CLAUSES FOR CONTRACTS EXCEEDING$25,000................................................................................................................................................ 14 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (cl. 320 - Dec 2001)..................................................................................................................................... 14 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (c13102 - Dec 2001).................................................................................................................................... 16 PAYMENT FOR OVERTIME PREMIUMS (cl 350d - July 1990).................................................................................................... 17 AUDIT AND RECORDS — NEGOTIATION (el 353b - June 1999).................................................................................................. 17 ADDITIONALCLAUSES............................................................................................................................................................................................. 18 LIMITATION OF COST (cl 349a - Dec 1985)................................................................................................................................... 18 INSPECTION - COST REIMBURSEMENT (cl 376d -Apr 1984).................................................................................................... 19 ENVIRONMENT, SAFETY AND HEALTH REQUIREMENTS (cl 3113e — Jan 2007)................................................................. 19 BasewGeneral Provisions Contract No. 73689 T1w Buaine" q( ]nnavatroa 8/4/2008 ACCESS TO AND OWNERSHIP OF RECORDS (cl 3109 - Dec 2000)........................................................................................... 20 INSURANCE(cl 378a -Jan 1997)..................................................................................................................................................... 20 TERMINATION (COST -REIMBURSEMENT) (c1365b - Sept 1996).............................................................................................. 21 EXCUSABLE DELAYS (el 365f - Apr 1984)..................................................................................................................................... 23 GENERAL PROVISIONS — COST REIMBURSEMENT CONTRACT DEFINITIONS (,1301-Ap,2000) A. The terms "Battelle," "Pacific Northwest National Laboratory," "PNNL," and "Laboratory" mean Battelle Memorial Institute, Pacific Northwest Division. B. The term "Government" means the Government of the United States of America. C. The term "DOE" means the U.S. Department of Energy. D. "Battelle Contracts Representative" means an employee of Battelle Memorial Institute, Pacific Northwest Division, acting within the limits of a written authorization to execute legally binding commitments on behalf of Battelle. E. Except as otherwise provided in this contract, the term "Subcontracts" includes purchase orders under this contract. ORDER OF PRECEDENCE (1309-0,11997) Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: A. The Schedule (excluding the specifications). B. Representations and other instructions. C. Contract clauses. D. Other documents, exhibits, and attachments. E. The specifications. PATENT INDEMNITY (d 367.-Ap,1984) A. The Contractor shall indemnify Battelle and the Government and their officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as "construction work") under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work. B. This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by Battelle of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to— r. An infringement resulting from compliance with specific written instructions of the Battelle Contracts Representative directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor; 2. An infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance; or 3. A claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction. PROHIBITION OF SEGREGATED FACILITIES (d 319-Feh 1999) A. "Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee 2 seGeneral Provisions Contract No. 73689 Ae Business a( Innovation 8/4/2008 custom. The term does not include separate or single -user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. ASSIGNMENT (d 357 -✓ - 2003) Battelle may assign this contract to the U.S. Department of Energy (DOE) or a designee of DOE. Upon receipt by the Contractor of written notice that DOE or its designee has been assigned this contract, Battelle shall be relieved of all responsibility hereunder, and the Contractor shall thereafter look solely to the assignee for performance of Battelle's obligations. The Contractor shall not assign this contract or any interest therein, nor claims thereunder without the prior written consent of Battelle or Battelle's assignee. Any assignment, by operation of law or otherwise, without prior written consent of Battelle or Battelle's assignee shall be void. DISPUTES (a 331-0d 1979) Except as otherwise provided or agreed any dispute relating to this contract which is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction upon filing of a legal action by the aggrieved party. It is further agreed by the Contractor that litigation shall be limited and confined exclusively to the appropriate state or Federal court located within the State of Washington. Determination of any substantive issue of law shall be based upon application of Federal law. During the pendency of any dispute, the Contractor shall proceed diligently with the performance of the contract and in accordance with the direction of Battelle. PERMITS AND RESPONSIBILITIES (d 3sa-N v 199r) The Contractor is an independent contractor, not an agent or employee of Battelle. The Contractor shall, without additional expense to Battelle or the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. COVENANT AGAINST CONTINGENT FEES (c1339-AVr1984) A. The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, Battelle shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. B. "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Battelle employee or officer to give consideration or to act regarding a contract on any basis other than the merits of the matter. BUY AMERICAN ACT -SUPPLIES (1. 341-J.- 2003) A. Definitions. As used in this clause — "Component" means an article, material, or supply incorporated directly into an end product. Riff l General Provisions Contract No. 73689 T1w Business of Innovation 8/4/2008 "Cost of components" means- 1. For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty- free entry certificate is issued); or 2. For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in Paragraph 1 of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. "Domestic end product" means- 1. An unmanufactured end product mined or produced in the United States; or 2. An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. "Foreign end product" means an end product other than a domestic end product. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 1 Oa - 1 Od) provides a preference for domestic end products for supplies acquired for use in the United States. C. Offerors may obtain from the Battelle Contracts Representative a list of foreign articles that Battelle will treat as domestic for this contract. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled `Buy American Act Certificate." USE OF PACIFIC NORTHWEST NATIONAL LABORATORY OR BATTELLE NAME (c/ 374-✓ .. 2006) The Contractor agrees not to use Pacific Northwest National Laboratory's or Battelle's name or identifying characteristics for advertising, sales promotion, or other publicity purposes without the prior written consent of Battelle. This clause shall survive the termination or expiration of this contract. AUTHORIZATION AND CONSENT (d3N-A ]y 1995) A. The Government authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the performance of this contract or any subcontract at any tier. B. The Contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at any tier for supplies or services (including construction, architect -engineer services, and materials, supplies, models, samples, and design or testing services expected to exceed $100,000); however, omission of this clause from any subcontract, including those at or below $100,000, does not affect this authorization and consent. AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (,1321-✓ 1998) A. General. 1. Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as — a. Recruitment, advertising, and job application procedures; b. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; c. Rates of pay or any other form of compensation and changes in compensation; seGeneral Provisions Contract No. 73689 T6 Business of lnnovat6m 8/4/2008 d. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; e. Leaves of absence, sick leave, or any other leave; f. Fringe benefits available by virtue of employment, whether or not administered by the Contractor; g. Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; h. Activities sponsored by the Contractor, including social or recreational programs; and i. Any other tern, condition, or privilege of employment. 2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended. B. Postings. 1. The Contractor agrees to post employment notices stating - a. The Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities; and b. The rights of applicants and employees. 2. These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. 3. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. C. Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. D. Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. NOTICE OF LABOR DISPUTES (e1359-Feb ]9v7) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Battelle Contracts Representative. WORKERS' COMPENSATION (,/313-No1983) The Contractor shall comply with State Industrial Insurance or Workers' Compensation and Unemployment Compensation Laws of any state in which work is performed, to the extent such laws are applicable. CONTRACT ADMINISTRATION (13sa-✓o 1986) A. The Contractor's progress and compliance with the technical requirements of this contract may be monitored for Battelle by a Technical Administrator. The name of the Technical Administrator, if one is designated, will be furnished the Contractor by the Battelle Contracts Representative. B. The Battelle Technical Administrator is authorized to receive information, conduct inspections of work in process and witness Contractor tests. He/she has no authority to: change or waive any provision of this contract, including but not limited to statements of work, drawings, specifications and standards, whether attached or incorporated by reference; provide interpretations of any provision or requirement of this contract; direct, advise, or recommend any particular course of conduct on the part of the Contractor; or create any legally binding commitment on behalf of Battelle. seGeneral Provisions Contract No. 73689 T6 Business a( Innovation 8/4/2008 C. The Contractor is solely responsible for strict compliance with all requirements of this contract. No notice, communication or representation in any form or from any person other than a Battelle Contracts Representative shall be effective to relieve the Contractor of such obligation or to stop Battelle from enforcing the contract exactly according to its written terms. CONVICT LABOR (r 390-Aug 1996) The Contractor agrees not to employ in the performance of this contract any person undergoing a sentence of imprisonment which has been imposed by any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. This limitation, however, shall not prohibit the employment by the Contractor in the performance of this contract of persons on parole or probation to work at paid employment during the term of their sentence or persons who have been pardoned or who have served their terms. Nor shall it prohibit the employment by the Contractor in the performance of this contract of persons confined for violation of the laws of any of the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if — A. 1. The worker is paid or is in an approved work training program on a voluntary basis; 2. Representatives of local union central bodies or similar labor union organizations have been consulted; 3. Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and 4. The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and B. The Attorney General of the United States has certified that the work -release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. EQUAL OPPORTUNITY (r 317-Apr 2002) A. Definition. "United States," as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. B. If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with paragraphs B.1 through B.I I of this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5. 2. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to — Employment; Upgrading; Demotion; Transfer; Recruitment or recruitment advertising; Layoff or termination; Rates of pay or other forms of compensation; and Selection for training, including apprenticeship. 3. The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Battelle Contracts Representative that explain this clause. 4. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. seGeneral Provisions Contract No. 73689 T6 Business of Innovation 8/4/2008 5. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. 6. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. 7. The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms. 8. The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on -site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order. 9. If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. 10. The Contractor shall include the terms and conditions of paragraphs (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. 11. The Contractor shall take such action with respect to any subcontract or purchase order as the Battelle Contracts Representative may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request Battelle to enter into the litigation to protect the interests of the United States. C. Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (13107-Aly2000) A. The Contractor shall not acquire, for use in the performance of this contract, any supplies or services originating from sources within, or that were located in or transported from or through, countries whose products are banned from importation into the United States under regulations of the Office of Foreign Assets Control, Department of the Treasury. Those countries are Cuba, Iran, Iraq, Libya, North Korea, Sudan, the territory of Afghanistan controlled by the Taliban, and Serbia (excluding the territory of Kosovo). B. The Contractor shall not acquire for use in the performance of this contract any supplies or services from entities controlled by the government of Iraq. C. The Contractor shall insert this clause, including this paragraph C., in all subcontracts. SUBCONTRACTS FOR COMMERCIAL ITEMS (d 364 - S.p 2006) A. Definitions. As used in this clause — "Commercial item" has the meaning contained in the clause at 52.202-1, Definitions. "Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or Subcontractor at any tier. B. To the maximum extent practicable, the Contractor shall incorporate, and require its Subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. renGeneral Provisions Contract No. 73689 T6 Business of Innovation 8/4/2008 C. 1. The Contractor shall insert the following FAR clauses in subcontracts for commercial items: a. 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. b. 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246). c. 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212(a)); d. 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). e. 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). Flow down as required in accordance with paragraph (g) of FAR clause 52.222-39) f. 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631) (flow down required in accordance with paragraph (d) of FAR clause 52.247-64). 2. While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. D. The Contractor shall include the terms of this clause, including this Paragraph D, in subcontracts awarded under this contract. ACCOUNTS, RECORDS, AND INSPECTION (1345-D�,2000) A. Accounts. The contractor shall maintain a separate and distinct set of accounts, records, documents, and other evidence showing and supporting: all allowable costs incurred; collections accruing to the contractor in connection with the work under this contract, other applicable credits, negotiated fixed amounts, and fee accruals under this contract; and the receipt, use, and disposition of all Government property coming into the possession of the contractor under this contract. The system of accounts employed by the contractor shall be satisfactory to Battelle and in accordance with generally accepted accounting principles consistently applied. B. Inspection and audit of accounts and records. All books of account and records relating to this contract shall be subject to inspection and audit by Battelle or the Department of Energy or its designees in accordance with the provisions of Clause "Access To and Ownership of Records," at all reasonable times, before and during the period of retention provided for in Paragraph D of this clause, and the contractor shall afford Battelle, DOE, or it's designee proper facilities for such inspection and audit. C. Audit of subcontractors' records. The contractor also agrees, with respect to any subcontracts (including fixed -price or unit -price subcontracts or purchase orders) where, under the terms of the subcontract, costs incurred are a factor in determining the amount payable to the subcontractor of any tier, to either conduct an audit of the subcontractor's costs or arrange for such an audit to be performed by the cognizant government audit agency through the contracting officer. D. Disposition of records. Except as agreed upon by Battelle and the contractor, all financial and cost reports, books of account and supporting documents, system files, data bases, and other data evidencing costs allowable, collections accruing to the contractor in connection with the work under this contract, other applicable credits, and fee accruals under this contract, shall be the property of the Government, and shall be delivered to Battelle or otherwise disposed of by the contractor either as the Battelle Contracts Representative may from time to time direct during the progress of the work or, in any event, as the Battelle Contracts Representative shall direct upon completion or termination of this contract and final audit of accounts hereunder. Except as otherwise provided in this contract, including provisions of Clause "Access To and Ownership of Records," all other records in the possession of the contractor relating to this contract shall be preserved by the contractor for a period of three years after final payment under this contract or otherwise disposed of in such manner as may be agreed upon by the Government and the contractor. E. Reports. The contractor shall furnish such progress reports and schedules, financial and cost reports, and other reports concerning the work under this contract as the contracting officer may from time to time require. F. Inspections. Battelle or its designee shall have the right to inspect the work and activities of the contractor under this contract at such time and in such manner as it shall deem appropriate. G. Subcontracts. The contractor further agrees to require the inclusion of provisions similar to those in Paragraphs A through G and Paragraph H of this clause in all subcontracts (including fixed -price or unit -price subcontracts or purchase orders) of any tier BaseGeneral Provisions Contract No. 73689 T1w Business of lnnava ion 8/4/2008 entered into hereunder where, under the terms of the subcontract, costs incurred are a factor in determining the amount payable to the subcontractor. H. Comptroller General. I. The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder. 2. This paragraph may not be construed to require the contractor or subcontractor to create or maintain any record that the contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. 3. Nothing in this contract shall be deemed to preclude an audit by the General Accounting Office of any transaction under this contract. L Internal audit (applicable to cost -reimbursement contracts with an estimated cost exceeding $5 million and expected to run for more than 2 years). The contractor agrees to conduct an internal audit and examination satisfactory to Battelle of the records, operations, expenses, and the transactions with respect to costs claimed to be allowable under this contract annually and at such other times as may be mutually agreed upon. The results of such audit, including the working papers, shall be submitted or made available to the Battelle Contracts Representative. The contractor shall include this Paragraph I in all cost -reimbursement subcontracts with an estimated cost exceeding $5 million and expected to run for more than 2 years, and any other cost - reimbursement subcontract determined by the Battelle Contracts Representative. ALLOWABLE COST AND PAYMENT (dVS-Feb2008) A. Invoicing. 1. Battelle will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every two weeks, in amounts determined to be allowable by the Battelle Contracts Representative in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract, except that coach air fare must be used unless otherwise approved in writing by the Battelle Contracts Representative. The Contractor may submit to an authorized representative of the Battelle Contracts Representative, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. 2. Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. 3. Unless otherwise designated in this Contract, the designated payment office will make interim payments for contract financing on the 3& day after the designated billing office receives a proper payment request. In the event that Battelle requires an audit or other review of a specific payment request to ensure compliance with the terns and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. B. Reimbursing costs. 1. For the purpose of reimbursing allowable costs (except as provided in Paragraph B.2 of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only— b. Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; c. When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for— i. Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made (1) In accordance with the terms and conditions of a subcontract or invoice; and (2) Ordinarily within 30 days of the submission of the Contractor's payment request to Battelle; ii. Materials issued from the Contractor's inventory and placed in the production process for use on the contract; iii. Direct labor; iv. Direct travel; v. Other direct in-house costs; and senGeneral Provisions Contract No. 73689 T6 Business of Innovation 8/4/2008 vi. Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Battelle contracts; and d. The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors. 2. Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless— b. The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and c. The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes). 3. Notwithstanding the audit and adjustment of invoices or vouchers under Paragraph G of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with Paragraph D of this clause. 4. Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to Battelle shall be disregarded for purposes of cost -reimbursement under this clause. C. Small business concerns. A small business concern may receive more frequent payments than every 2 weeks. D. Final indirect cost rates. 1. Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal. 2. a. The Contractor shall submit an adequate final indirect cost rate proposal to the Battelle Contracts Representative (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Battelle Contracts Representative. The Contractor shall support its proposal with adequate supporting data. b. The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Battelle representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal. 3. The Contractor and the appropriate Battelle representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (a) the agreed -upon final annual indirect cost rates, (b) the bases to which the rates apply, (c) the periods for which the rates apply, (d) any specific indirect cost items treated as direct costs in the settlement, and (e) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution. 4. Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause. 5. Within 120 days (or longer period if approved in writing by the Battelle Contracts Representative) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. 6. a. If the Contractor fails to submit a completion invoice or voucher within the time specified in Paragraph D.5 of this clause, the Battelle Contracts Representative may— i. Determine the amounts due to the Contractor under the contract; and ii. Record this determination in a unilateral modification to the contract. b. This determination constitutes the final decision of the Battelle Contracts Representative in accordance with the Disputes clause. Billing rates. Until final annual indirect cost rates are established for any period, Battelle shall reimburse the Contractor at billing rates established by the Battelle Contracts Representative or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates 1. Shall be the anticipated final rates; and 2. May be prospectively or retroactively revised by mutual agreement, at either parry's request, to prevent substantial overpayment or underpayment. ir1 General Provisions Contract No. 73689 T1w Business of lnnovik6Dn 8/4/2008 F. Quick -closeout procedures. Quick -closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied. G. Audit. At any time or times before final payment, the Battelle Contracts Representative may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be— t. Reduced by amounts found by the Battelle Contracts Representative not to constitute allowable costs; or 2. Adjusted for prior overpayments or underpayments. H. Final payment. 1. Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with Paragraph D.5 of this clause, and upon the Contractor's compliance with all terms of this contract, Battelle shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. 2. The Contractor shall pay to Battelle any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by Battelle. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Battelle Contracts Representative. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver — a. An assignment to Battelle, in form and substance satisfactory to the Battelle Contracts Representative, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by Battelle under this contract; and b. A release discharging Battelle, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except— i. Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; ii. Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Battelle Contracts Representative within 6 years following the release date or notice of final payment date, whichever is earlier; and iii. Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of Battelle against patent liability. CHANGES - COST REIMBURSEMENT (,1346-Aug/987) A. A Battelle Contracts Representative may, at any time, by written order and without notice to the sureties, if any, make changes within the general scope of this contract, in anyone or more of the following: 1) description of services to be performed; 2) drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for Battelle in accordance with the drawings, designs, or specifications; 3) place of performance of the services; 4) place of delivery; 5) method of shipment or packing of supplies. No communication written or oral from any person other than a Battelle Contracts Representative shall constitute a change order in accordance with this provision. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, or otherwise affects any other terms or conditions of this contract, an equitable adjustment shall be made: 1) in the estimated cost, delivery or completion schedule, or both; 2) in the amount of any fixed fee to be paid to the Contractor; and 3) in any other affected terms, and the contract shall be modified in writing accordingly. C. The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt by the Contractor of the written order. However, if the Battelle Contracts Representative decides that the facts justify it, the Battelle Contracts Representative may receive and act upon a proposal submitted before final payment of the contract. D. Failure to agree to any adjustment shall be a dispute under the Disputes Clause. However, except as provided in Paragraph E, below, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. E. Notwithstanding the terms and conditions of Paragraphs A and B above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance of this contract, shall not be increased or considered to be increased except by specific written modification of the contract signed by a Battelle Contracts Representative indicating the new contract seGeneral Provisions Contract No. 73689 Ae Business a( Innovation 8/4/2008 estimated cost and, if this contract is incrementally funded the new amount allotted to the contract. Until such modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the point established in the clause of this contract entitled Limitation of Cost or Limitation of Funds clause of this contract. STOP -WORK ORDER— COST REIMBURSEMENT ( 1 3aoa -au8 tvav) A. The Battelle Contracts Representative may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop -work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Battelle Contracts Representative shall either- 1. Cancel the stop -work order; or 2. Terminate the work covered by the order as provided in the Termination clause of this contract. B. If a stop -work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Battelle Contracts Representative shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if — I. The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and 2. The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Battelle Contracts Representative may receive and act upon the claim submitted at any time before final payment under this contract. C. If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Battelle Contracts Representative shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. D. If a stop -work order is not canceled and the work covered by the order is terminated for default, the Battelle Contracts Representative shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. INSURANCE —LIABILITY TO THIRD PERSONS (i37ah-m., 1996) A. 1. Except as provided in Paragraph A.2 of this clause, the Contractor shall provide and maintain workers' compensation, employer's liability, comprehensive general liability (bodily injury), comprehensive automobile liability (bodily injury and property damage) insurance, and such other insurance as the Battelle Contracts Representative may require under this contract. 2. The Contractor may, with the approval of the Battelle Contracts Representative, maintain a self-insurance program, provided that, with respect to workers' compensation, the Contractor is qualified pursuant to statutory authority. 3. All insurance required by this paragraph shall be in a form and amount and for those periods as the Battelle Contracts Representative may require or approve and with insurers approved by the Battelle Contracts Representative. B. The Contractor agrees to submit for the Battelle Contracts Representative's approval, to the extent and in the manner required by the Battelle Contracts Representative, any other insurance that is maintained by the Contractor in connection with the performance of this contract and for which the Contractor seeks reimbursement. C. The Contractor shall be reimbursed 1. For that portion a. Of the reasonable cost of insurance allocable to this contract; and b. Required or approved under this clause; and 2. For certain liabilities (and expenses incidental to such liabilities) to third persons not compensated by insurance or otherwise without regard to and as an exception to the limitation of cost or the limitation of funds clause of this contract. These liabilities must arise out of the performance of this contract, whether or not caused by the negligence of the Contractor or of irw General Provisions Contract No. 73689 T6 Business a( Innovation 8/4/2008 the Contractor's agents, servants, or employees, and must be represented by final judgments or settlements approved in writing by Battelle. These liabilities are for a. Loss of or damage to property (other than property owned, occupied, or used by the Contractor, rented to the Contractor, or in the care, custody, or control of the Contractor); or b. Death or bodily injury. D. Battelle's liability under Paragraph C of this clause is subject to the availability of appropriated funds at the time a contingency occurs. Nothing in this contract shall be construed as implying that the Congress will, at a later date, appropriate funds sufficient to meet deficiencies. E. The Contractor shall not be reimbursed for liabilities (and expenses incidental to such liabilities)- 1. For which the Contractor is otherwise responsible under the express terms of any clause specified in the Schedule or elsewhere in the contract; 2. For which the Contractor has failed to insure or to maintain insurance as required by the Battelle Contracts Representative; or 3. That result from willful misconduct or lack of good faith on the part of any of the Contractor's directors, officers, managers, superintendents, or other representatives who have supervision or direction of — a. All or substantially all of the Contractor's business; All or substantially all of the Contractor's operations at any one plant or separate location in which this contract is being performed; or c. A separate and complete major industrial operation in connection with the performance of this contract. F. The provisions of Paragraph E of this clause shall not restrict the right of the Contractor to be reimbursed for the cost of insurance maintained by the Contractor in connection with the performance of this contract, other than insurance required in accordance with this clause; provided, that such cost is allowable under the Allowable Cost and Payment clause of this contract. G. If any suit or action is filed or any claim is made against the Contractor, the cost and expense of which may be reimbursable to the Contractor under this contract, and the risk of which is then uninsured or is insured for less than the amount claimed, the Contractor shall- 1. Immediately notify the Battelle Contracts Representative and promptly furnish copies of all pertinent papers received; 2. Authorize Battelle representatives to collaborate with counsel for the insurance carrier in settling or defending the claim when the amount of the liability claimed exceeds the amount of coverage; and 3. Authorize Battelle representatives to settle or defend the claim and to represent the Contractor in or to take charge of any litigation, if required by Battelle, when the liability is not insured or covered by bond. The Contractor may, at its own expense, be associated with the Battelle representatives in any such claim or litigation. STATE AND LOCAL TAXES (,/3ss- De, 2000) A. The contractor agrees to notify the Battelle Contracts Representative of any State or local tax, fee, or charge levied or purported to be levied on or collected from the contractor with respect to the contract work, any transaction thereunder, or property in the custody or control of the contractor and constituting an allowable item of cost if due and payable, but which the contractor has reason to believe, or the Battelle Contracts Representative has advised the contractor, is or may be inapplicable or invalid; and the contractor further agrees to refrain from paying any such tax, fee, or charge unless authorized in writing by the Battelle Contracts Representative. Any State or local tax, fee, or charge paid with the approval of the Battelle Contracts Representative or on the basis of advice from the Battelle Contracts Representative that such tax, fee, or charge is applicable and valid, and which would otherwise be an allowable item of cost, shall not be disallowed as an item of cost by reason of any subsequent ruling or determination that such tax, fee, or charge was in fact inapplicable or invalid. B. The contractor agrees to take such action as may be required or approved by the Battelle Contracts Representative to cause any State or local tax, fee, or charge which would be an allowable cost to be paid under protest; and to take such action as may be required or approved by the Battelle Contracts Representative to seek recovery of any payments made, including assignment to Battelle or its designee of all rights to an abatement or refund thereof, and granting permission for Battelle to join with the contractor in any proceedings for the recovery thereof or to sue for recovery in the name of the contractor. If the Battelle Contracts Representative directs the contractor to institute litigation to enjoin the collection of or to recover payment of any such tax, fee, or charge referred to above, or if a claim or suit is filed against the contractor for a tax, fee, or charge it has refrained senGeneral Provisions Contract No. 73689 Tier Business of lnnovalitm 8/4/2008 from paying in accordance with this clause, and the costs and expenses incurred by the contractor shall be allowable items of costs, as provided in this contract, together with the amount of any judgment rendered against the contractor. C. Battelle shall hold the contractor harmless from penalties and interest incurred through compliance with this clause. All recoveries or credits in respect of the foregoing taxes, fees, and charges (including interest) shall inure to and be for the sole benefit of Battelle. CLAUSES FOR CONTRACTS EXCEEDING $25,000 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (,/. 320-Dec 2001) A. Definitions. As used in this clause "All employment openings" means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment. "Executive and top management" means any employee— ". Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof; 2. Who customarily and regularly directs the work of two or more other employees; 3. Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; 4. Who customarily and regularly exercises discretionary powers; and 5. Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs 1. through 4. of this definition. This paragraph 5. does not apply in the case of an employee who is in sole charge of an establishment or a physically separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed. "Other eligible veteran" means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. "Positions that will be filled from within the Contractor's organization" means employment openings for which the Contractor will give no consideration to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. "Qualified special disabled veteran" means a special disabled veteran who satisfies the requisite skill, experience, education, and other job -related requirements of the employment position such veteran holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. "Special disabled veteran" means- 1. A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability a. Rated at 30 percent or more; or b. Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant impairment of the veteran's ability to prepare for, obtain, or retain employment consistent with the veteran's abilities, aptitudes, and interests); or 2. A person who was discharged or released from active duty because of a service -connected disability. "Veteran of the Vietnam era" means a person who- 1. Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred— seGeneral Provisions Contract No. 73689 T6 Business a( Innovation 8/4/2008 a. In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or b. Between August 5, 1964, and May 7, 1975, in all other cases; or 2. Was discharged or released from active duty for a service -connected disability if any part of the active duty was performed — a. In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or b. Between August 5, 1964, and May 7, 1975, in all other cases. B. General. 1. The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans' status in all employment practices such as — a. Recruitment, advertising, and job application procedures; b. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring; c. Rate of pay or any other form of compensation and changes in compensation; d. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; e. Leaves of absence, sick leave, or any other leave; f Fringe benefits available by virtue of employment, whether or not administered by the Contractor; g. Selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; h. Activities sponsored by the Contractor including social or recreational programs; and i. Any other term, condition, or privilege of employment. 2. The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 and 4212). C. Listing openings. 1. The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labor's America's Job Bank shall satisfy the requirement to list jobs with the local employment service office. 2. The Contractor shall make the listing of employment openings with the local employment service office at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. 3. Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause. D. Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island. E. Postings. renGeneral Provisions Contract No. 73689 T6 Business of Innovation 8/4/2008 1. The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment. 2. The employment notices shall — a. State the rights of applicants and employees as well as the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible veterans; and b. Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Battelle Contracts Representative. 3. The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair). 4. The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans. F. Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. G. Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance. EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (d 3102-De, 2004 A. Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on- 1. The number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location; and 2. The total number of new employees hired during the period covered by the report, and of the total, the number of special disabled veterans, the number of veterans of the Vietnam era, and the number of other eligible veterans; and 3. The maximum number and the minimum number of employees of the Contractor during the period covered by the report. B. The Contractor shall report the above items by completing the Form VETS-100, entitled "Federal Contractor Veterans' Employment Report (VETS-100 Report)". C. The Contractor shall submit VETS-100 Reports no later than September 30 of each year beginning September 30, 1988. D. The employment activity report required by Paragraph A.2 of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by Paragraph A.1 of this clause. Contractors may select an ending date- 1. As of the end of any pay period between July land August 31 of the year the report is due; or 2. As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). E. The Contractor shall base the count of veterans reported according to Paragraph A of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that 1. The information is voluntarily provided; 2. The information will be kept confidential; 3. Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment; and renGeneral Provisions Contract No. 73689 T6 Busine" of Innovation 8/4/2008 4. The information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. F. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $25,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. PAYMENT FOR OVERTIME PREMIUMS (dssod-r N 1990) A. The use of overtime is authorized under this contract if the overtime premium does not exceed premium is paid for work — I. Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns ofproduction equipment, or occasional production bottlenecks of a sporadic nature; 2. By indirect -labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; 3. To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or 4. That will result in lower overall costs to Battelle. B. Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall — I. Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Battelle Contracts Representative to evaluate the necessity for the overtime; 2. Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule; 3. Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and 4. Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel. AUDIT AND RECORDS — NEGOTIATION (i sssb -s e 1999) A. As used in this clause, "records" includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. B. Examination of costs. If this is a cost -reimbursement, incentive, time -and -materials, labor -hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Battelle Contracts Representative, or an authorized representative of Battelle or the Department of Energy, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor's plants, or parts of them, engaged in performing the contract. C. Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Battelle Contracts Representative, or an authorized representative of Battelle or the Department of Energy, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to- 1. The proposal for the contract, subcontract, or modification; 2. The discussions conducted on the proposal(s), including those related to negotiating; 3. Pricing of the contract, subcontract, or modification; or 4. Performance of the contract, subcontractor modification. D. Comptroller General 1. The Comptroller General of the United States, or an authorized representative, shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder. 2. This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. Commented [Sl]: CS: Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph A.1. through AA. of the clause. Delete this Comment Bubble before printing. renGeneral Provisions Contract No. 73689 T6 Business of lnnuuRlisn 8/4/2008 E. Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Battelle Contracts Representative or an authorized representative of Battelle or the Department or Energy shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating 1. The effectiveness of the Contractor's policies and procedures to produce data compatible with the objectives of these reports; and 2. The data reported. F. Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in Paragraphs A through E of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition 1. If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and 2. The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. G. The Contractor shall insert a clause containing all the terms of this clause, including this Paragraph G, in all subcontracts under this contract that exceed the simplified acquisition threshold, and- 1. That are cost -reimbursement, incentive, time -and -materials, labor -hour, or price-redeterminable type or any combination of these; 2. For which cost or pricing data are required; or 3. That require the subcontractor to furnish reports as discussed in Paragraph E of this clause. The clause may be altered only as necessary to identify properly the contracting parties. ADDITIONAL CLAUSES LIMITATION OF COST (d 349. - Dec 1985) A. It is estimated that the total cost to Battelle for the performance of this contract, exclusive of any fee, will not exceed the estimated cost set forth in the Schedule, and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such estimated cost. If, at any time, the Contractor has reason to believe that the costs which it expects to incur in the performance of this contract in the next succeeding 60 days, when added to all cost previously incurred, will exceed 75 percent of the estimated cost then set forth in the Schedule, or if, at any time, the Contractor has reason to believe that the total cost to Battelle for the performance of this contract, exclusive of any fee, will be greater or substantially less than the then estimated cost hereof, the Contractor shall notify Battelle in writing to that effect, giving the revised estimate of such total cost for the performance of this contract. B. Except as required by other provisions of this contract specifically citing and stated to be an exception to this clause, Battelle shall not be obligated to reimburse the Contractor for costs incurred in excess of the estimated cost set forth in the Schedule, and the Contractor shall not be obligated to continue performance under the contract (including actions under the Termination clause) or otherwise to incur costs in excess of the estimated cost set forth in the Schedule, unless and until Battelle shall have notified the Contractor in writing that such estimated cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost of performance of this contract. No notice, communication, or representation in any other form or from any person other than a Battelle Contract Representative shall affect the estimated cost of this contract. In the absence of such written notice from a Battelle Contract Representative, and notwithstanding the fact that the Contractor could not know, for reasons of impossibility or otherwise, that it exceeded the estimated cost specified in the Schedule, Battelle shall in no event be obligated to reimburse the Contractor for any costs in excess of such estimated cost, whether those excess costs were incurred during the course of the contractor as a result of termination. When and to the extent that the estimated cost set forth in the Schedule has been increased, any costs incurred by the Contractor in excess of the estimated cost prior to such increase shall be allowable to the same extent as if such costs had been incurred after the increase unless Battelle issues a termination or other notice and directs that the increase is solely for the purpose of covering termination or other specified expenses. C. Change orders issued pursuant to the Changes clause of this contract shall not be considered an authorization to the Contractor to exceed the estimated cost set forth in the Schedule in the absence of a statement in the change order, or other contract modification, increasing the estimated cost. remGeneral Provisions Contract No. 73689 T1w Business W Innuvsli�m 8/4/2008 D. In the event that this contract is terminated or the estimated cost not increased, Battelle and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract based upon the share of costs incurred by each. INSPECTION - COST REIMBURSEMENT (,l376d-dp, I984) A. "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services. B. The Contractor shall provide and maintain an inspection system acceptable to Battelle covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to Battelle during contract performance and for as long afterwards as the contract requires. C. Battelle has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. Battelle shall perform inspections and tests in a manner that will not unduly delay the work. D. If any of the services performed do not conform to contract requirements, the Battelle Contracts Representative may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Battelle Contracts Representative may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed. E. If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, Battelle may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default. ENVIRONMENT, SAFETY AND HEALTH REQUIREMENTS (,13113e-J zoos) A. In performing work under this contract, the Contractor shall comply with all applicable federal, state and local environment, safety and health laws and regulations. The Contractor shall also perform work safely, in a manner that ensures adequate protection for employees, the public, and the environment, and shall be accountable for the safe performance of work. The Contractor shall exercise a degree of care commensurate with the work and the associated hazards. The Contractor shall ensure that management of environment, safety, and health (ES&H) functions and activities becomes an integral but visible part of the Contractor's work planning and execution processes. B. For complex or hazardous work, the Contractor shall, in the performance of work, ensure that: 1. Personnel possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities, and shall retain records respecting such competency and qualifications, making them available upon request. 2. Resources are effectively allocated to address ES&H, programmatic, and operational considerations. Protecting employees, the public, and the environment is a priority whenever activities are planned and performed. 3. Before work is performed, the associated hazards are evaluated and a set of ES&H standards and requirements are established which, if properly implemented, provide adequate assurance that employees, the public, and the environment are protected from adverse consequences. 4. Administrative and engineering controls to prevent and mitigate hazards are tailored to the work being performed and associated hazards. Emphasis should be on designing the work and/or controls to reduce or eliminate the hazards and to prevent accidents and unplanned releases and exposures. C. For complex or hazardous work, the Contractor, relative to the Statement of Work and contract specifications, shall be able to demonstrate through documentation and work practices that its performance of work under this contract- 1. Fulfilled the scope of work as outlined in this contract 2. Identified and analyzed specific, task -level hazards associated with the work 3. Developed and implemented hazard controls related to the hazards 4. Allowed the performance of work within the controls 5. Provided feedback to Battelle and Contractor employees on adequacy of hazard controls D. The Contractor is responsible for its subcontractors' compliance with the ES&H requirements of this contract. seGeneral Provisions Contract No. 73689 T1w Business of Innovation 8/4/2008 ACCESS TO AND OWNERSHIP OF RECORDS (13109-D2000) A. Government -Owned Records. Except as provided in Paragraph B of this clause, all records acquired or generated by the contractor in its performance of this contract shall be the property of the Government and shall be delivered to Battelle or otherwise disposed of by the Contractor either as the Battelle Contracts Representative may from time to time direct during the progress of the work or, in any event, as the Battelle Contracts Representative shall direct upon completion or termination of the contract. B. Contractor -Owned Records. The following records are considered the property of the Contractor and are not within the scope of Paragraph A of this clause: 1. Employment -related records (such as workers' compensation files; employee relations records, records on salary and employee benefits; drug testing records, labor negotiation records; records on ethics, employee concerns, and other employee related investigations conducted under an expectation of confidentiality; employee assistance program records; and personnel and medical/ health -related records and similar files), and non -employee patient medical/health related records, except for those records described by the contract as being maintained in Privacy Act systems of records. 2. Confidential contractor financial information, and correspondence between the contractor and other segments of the contractor located away from the DOE facility (i.e., the contractor's corporate headquarters); 3. Records relating to any procurement action by the Contractor, except for records that under 48 CFR 970.5232-3, Accounts, Records, and Inspection, are described as the property of the Government; and 4. Legal records, including legal opinions, litigation files, and documents covered by the attorney -client and attorney work product privileges; and 5. The following categories of records maintained pursuant to the technology transfer clause of this contract: a. Executed license agreements, including exhibits or appendices containing information on royalties, royalty rates, other financial information, or commercialization plans, and all related documents, notes and correspondence. b. The contractor's protected Cooperative Research and Development Agreement (CRADA) information and appendices to a CRADA that contain licensing terms and conditions, or royalty or royalty rate information. c. Patent, copyright, mask work, and trademark application files and related contractor invention disclosures, documents and correspondence, where the contractor has elected rights or has permission to assert rights and has not relinquished such rights or turned such rights over to the Government. C. Contract Completion or Termination. In the event of completion or termination of this contract, copies of any of the contractor - owned records identified in Paragraph B of this clause, upon the request of Battelle, shall be delivered to Battelle, DOE or its designees, including successor contractors. Upon delivery, title to such records shall vest in Battelle, DOE or its designees, and such records shall be protected in accordance with applicable federal laws (including the Privacy Act), as appropriate. D. Inspection, Copying, and Audit of Records. All records acquired or generated by the Contractor under this contract in the possession of the Contractor, including those described at Paragraph B of this clause, shall be subject to inspection, copying, and audit by Battelle, DOE, or its designees at all reasonable times, and the Contractor shall afford Battelle, DOE, or its designees reasonable facilities for such inspection, copying, and audit; provided, however, that upon request by the Battelle Contracts Representative, the Contractor shall deliver such records to a location specified by the Battelle Contracts Representative for inspection, copying, and audit. Battelle, DOE, or its designees shall use such records in accordance with applicable federal laws (including the Privacy Act), as appropriate. E. Applicability. Paragraphs B, C, and D of this clause apply to all records without regard to the date or origination of such records. F. Records Retention Standards. Special records retention standards, described at DOE Order 200.1, Information Management Program (version in effect on effective date of contract), are applicable for the classes of records described therein, whether or not the records are owned by the Government or the contractor. In addition, the Contractor shall retain individual radiation exposure records generated in the performance of work under this contract until Battelle or DOE authorizes disposal. Battelle may waive application of these record retention schedules, if, upon termination or completion of the contract, Battelle exercises its right under Paragraph C of this clause to obtain copies and delivery of records described in Paragraphs A and B of this clause. INSURANCE (d 378. - r 1997) A. The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. 20 seGeneral Provisions Contract No. 73689 T1w Business a( Innovation 8/4/2008 B. Before commencing work under this contract, the Contractor shall notify the Battelle Contracts Representative in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting Battelle's or the Government's interest shall not be effective 1. For such period as the laws of the State in which this contract is to be performed prescribe; or 2. Until 30 days after the insurer or the Contractor gives written notice to the Battelle Contracts Representative, whichever period is longer. C. The Contractor shall insert the substance of this clause, including this Paragraph C, in subcontracts under this contract that require work at either a Battelle or a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Battelle Contracts Representative upon request. TERMINATION (COST -REIMBURSEMENT) (H sese - s Pt 1996) A. Battelle may terminate performance of work under this contract in whole or, from time to time, in part, if- 1. Battelle determines that a termination is in the Government's interest; or 2. The Contractor defaults in performing this contract and fails to cure the default within 10 days (unless extended by Battelle) after receiving a notice specifying the default. "Default" includes failure to make progress in the work so as to endanger performance. B. The Battelle Contracts Representative shall terminate by delivering to the Contractor a Notice of Termination specifying whether termination is for default of the Contractor or for convenience of the Government, the extent of termination, and the effective date. If, after termination for default, it is determined that the Contractor was not in default or that the Contractor's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor as set forth in the Excusable Delays clause, the rights and obligations of the parties will be the same as if the termination was for the convenience of the Government. C. After receipt of a Notice of Termination, and except as directed by Battelle, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: 1. Stop work as specified in the notice. 2. Place no further subcontracts or orders (referred to as subcontracts in this clause), except as necessary to complete the continued portion of the contract. 3. Terminate all subcontracts to the extent they relate to the work terminated. 4. Assign, as directed by Battelle, all right, title, and interest of the Contractor under the subcontracts terminated, in which case Battelle shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. 5. With approval or ratification to the extent required by Battelle, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts, the cost of which would be reimbursable in whole or in part, under this contract; approval or ratification will be final for purposes of this clause. 6. Transfer title to the Government (if not already transferred) and, deliver to as directed by Battelle — a. The fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; b. The completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to Battelle; and c. The jigs, dies, fixtures, and other special tools and tooling acquired or manufactured for this contract, the cost of which the Contractor has been or will be reimbursed under this contract. 7. Complete performance of the work not terminated. 8. Take any action that may be necessary, or that Battelle may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. 9. Use its best efforts to sell, as directed or authorized by Battelle, any property of the types referred to in Paragraph C.6. of this clause; provided, however, that the Contractor (a) is not required to extend credit to any purchaser and (b) may acquire the property under the conditions prescribed by, and at prices approved by, Battelle. The proceeds of any transfer or disposition 21 renGeneral Provisions Contract No. 73689 T1w Business of Innovation 8/4/2008 will be applied to reduce any payments to be made by Battelle under this contract, credited to the price or cost of the work, or paid in any other manner directed by Battelle. D. The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by Battelle upon written request of the Contractor within this 120-day period. E. After expiration of the plant clearance period as defined in Subpart 45.6 of the Federal Acquisition Regulation, the Contractor may submit to Battelle a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by Battelle. The Contractor may request Battelle to remove those items or enter into an agreement for their storage. Within 15 days, Battelle will accept the items and remove them or enter into a storage agreement. Battelle may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement. F. After termination, the Contractor shall submit a final termination settlement proposal to Battelle in the form and with the certification prescribed by Battelle. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by Battelle upon written request of the Contractor within this 1-year period. However, if Battelle determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the time allowed, Battelle may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. G. Subject to Paragraph F of this clause, the Contractor and Battelle may agree on the whole or any part of the amount to be paid (including an allowance for fee) because of the termination. The contract shall be amended, and the Contractor paid the agreed amount. H. If the Contractor and Battelle fail to agree in whole or in part on the amount of costs and/or fee to be paid because of the termination of work, Battelle shall determine, subject to any review required by the Department of Energy's procedures and on the basis of information available, the amount, if any, due the Contractor, and shall pay that amount, which shall include the following: 1. All costs reimbursable under this contract, not previously paid, for the performance of this contract before the effective date of the termination, and those costs that may continue for a reasonable time with the approval of or as directed by Battelle; however, the Contractor shall discontinue those costs as rapidly as practicable. 2. The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in Paragraph H. 1. of this clause. 3. The reasonable costs of settlement of the work terminated, including — a. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; b. The termination and settlement of subcontracts (excluding the amounts of such settlements); and c. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. If the termination is for default, no amounts for the preparation of the Contractor's termination settlement proposal may be included. 4. A portion of the fee payable under the contract, determined as follows: a. If the contract is terminated for the convenience of the Government, the settlement shall include a percentage of the fee equal to the percentage of completion of work contemplated under the contract, but excluding subcontract effort included in subcontractors' termination proposals, less previous payments for fee. b. If the contract is terminated for default, the total fee payable shall be such proportionate part of the fee as the total number of articles (or amount of services) delivered to and accepted by Battelle is to the total number of articles (or amount of services) of a like kind required by the contract. 5. If the settlement includes only fee, it will be determined under Paragraph HA. of this clause. I. The cost principles and procedures in Part 31 of the Federal Acquisition Regulation, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. J. The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by Battelle under Paragraph F, H, or L of this clause, except that if the Contractor failed to submit the termination settlement proposal within the 22 renGeneral Provisions T1w Business of lnnovalion Contract No. 73689 8/4/2008 time provided in Paragraph F and failed to request a time extension, there is no right of appeal. If Battelle has made a determination of the amount due under Paragraph F, H, or L of this clause, Battelle shall pay the Contractor 1. The amount determined by Battelle if there is no right of appeal or if no timely appeal has been taken; or 2. The amount finally determined on an appeal. K. In arriving at the amount due the Contractor under this clause, there shall be deducted- 1. All unliquidated advance or other payments to the Contractor, under the terminated portion of this contract; 2. Any claim which Battelle has against the Contractor under this contract; and 3. The agreed price for, or the proceeds of sale of materials, supplies, or other things acquired by the Contractor or sold under this clause and not recovered by or credited to Battelle. L. The Contractor and Battelle must agree to any equitable adjustment in fee for the continued portion of the contract when there is a partial termination. Battelle shall amend the contract to reflect the agreement. M. 1. Battelle may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the contract, if Battelle believes the total of these payments will not exceed the amount to which the Contractor will be entitled. 2. If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to Battelle upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the date of the retention or disposition, or a later date determined by Battelle because of the circumstances. N. The provisions of this clause relating to fee are inapplicable if this contract does not include a fee. EXCUSABLE DELAYS (d 35$-Apr/984) A. Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance, the failure to perform must be beyond the control and without the fault or negligence of the Contractor. "Default" includes failure to make progress in the work so as to endanger performance. B. If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress, and if the cause of the failure was beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be deemed to be in default, unless- 1. The subcontracted supplies or services were obtainable from other sources; 2. The Battelle Contracts Representative ordered the Contractor in writing to purchase these supplies or services from the other source; and 3. The Contractor failed to comply reasonably with this order. C. Upon request of the Contractor, Battelle shall ascertain the facts and extent of the failure. If Battelle determines that any failure to perform results from one or more of the causes above, the delivery schedule shall be revised, subject to the rights of Battelle under the termination clause of this contract. 23 Introduced by: Police Chief Requested by: Police Chief Drafted by: City Clerk Introduced: January 27, 2009 Adopted: January 27, 2009 RESOLUTION NO. oog-og A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN CONTRACT WITH PACIFIC NORTHWEST NATIONAL LABORATORY FOR DEPARTMENT OF HOMELAND SECURITY DOMESTIC NUCLEAR DETECTION TRAINING WHEREAS, The City of Port Orchard has attended training through Pacific Northwest Laboratory for a fixed price contract and that training is complete; and WHEREAS, The City of Port Orchard seeks cost reimbursement from Pacific Northwest National Laboratory for cost related to Port Orchard Police Officers attending their sponsored training; and WHEREAS, The City Of Port Orchard seeks to enter into a contract with Pacific Northwest National Laboratory for reimbursement of future costs relating to the continued training for Domestic Nuclear Detection Training; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION is The City Council authorizes the Mayor to Sign Contracts with Pacific Northwest National Laboratory for completed and/or future training in their Department of Homeland Security Domestic Nuclear Detection Training effective January 27, 2009 through September 30, 2010. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7F Subject: Adoption of Resolution No. oo9-o9, Authorizing the Mayor to Sign Contract With Pacific Northwest National Meeting Date: January 27, 2009 Prepared by: Al Townsend Atty Routing No: Laboratory for Department of Home- Atty Review Date Land Securitv Domestic Nuclear Detection Training Police Chief NA NA Summary: This request is to enter into two contracts with the Department of Homeland Security, arranged through Pacific Northwest National Laboratory. The first is a fixed price contract, for training already completed, and is a cost reimbursement to the City of Port Orchard for it's total costs related to sending Port Orchard police officers through their sponsored training. The second contract is for Cost reimbursement for future costs that the City of Port Orchard incurs relating to the continued training or other associated costs relating to domestic nuclear detection training. Recommendation: Authorize the mayor to sign the contacts with Pacific Northwest National Laboratory. Motion for consideration: I move to authorize the Mayor to sign reimbursement, and fixed price contracts with Pacific Northwest National Laboratory. Fiscal Impact: Approval of these contracts will provide reimbursement to the City of Port Orchard for all past and future training costs relating to domestic nuclear detection sponsored by Northwest National Laboratory, representing the Department of Homeland Security Alternatives: Not sign the contracts, resulting in the City of Port Orchard assuming responsibility for all past and future costs for this training. Attachments: Resolution No. oo9-o9 Pacific Northwest National Laboratory Email from Susan L. Brown Invoice 123108-12 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Introduced: January 27, 2009 Adopted: January 27, 2009 RESOLUTION NO. 010-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SUPPORTING THE SOUTH KITSAP SCHOOL DISTRICT 2010-2013 SCHOOL SUPPORT REPLACEMENT LEVY. WHEREAS, the South Kitsap School District 2010-2013 School Support Replacement Levy will go before voters as a ballot issue on February 3, 2009; and WHEREAS, the proposed 2010-2013 Levy will replace the current 2oo6-2009 Levy and provide $70 million dollars in revenue for the school district over the four years equaling 16 percent of the District's annual operating budget; and WHEREAS, the 2010-2013 Levy provides funds for: operations, staffing and educational programs; the replacement of 2,200 computers for classrooms; curriculum and textbooks; and the completion of several major facility projects; and WHEREAS, the 2010-2013 Levy will pay for: continued funding of the 2oo8- 2009 staff and programs and provide funds for additional teachers; a nurse and additional Health Room assistance; counselors; new textbooks and instructional supplies; health, safety and security support for students; athletics and after -school activities for students; training for teachers and staff; community use of schools; transportation support; building maintenance and custodial support; major facility maintenance projects; and technology; and WHEREAS, all of the above direct and indirect results of the School District Replacement Levy will enhance educational opportunities for the children of South Kitsap County residents, and thereby generally improve the quality of life in Kitsap; and WHEREAS, each generation should invest in its own and its children's future by building on physical and social improvements made by prior generations; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON RESOLVES AS FOLLOWS: THAT: The City of Port Orchard supports the South Kitsap School District 2010- 2013 Replacement Levy and urges Kitsap County voters to approve the ballot measure on February 3, 2009. Resolution No. 010-09 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27th day of January 2009. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7G Meeting Date: Subject: Adoption of Resolution No. olo-o9, Prepared by: Supporting the 2009-2012 South Kitsap School Levy Ballot Atty Routing No: Atty Review Date: January 27, 2009 Patti Kirkpatrick, CMC City Clerk NA NA Summary: On January 13, 2009, the Council voiced support of the proposed 2009 South Kitsap School Levy Ballot Measure and requested staff to prepare a resolution reflecting that action. Attached is a draft resolution for your approval. Recommendation: Adopt resolution No. olo-o9. Motion for consideration: I move to adopt Resolution No. olo-o9, supporting the 2009 South Kitsap School Levy Ballot scheduled for voter action on February 3, 2009. Fiscal Impact: None Alternatives: Change wording on the resolution or decide not to adopt the resolution. Attachments: Draft Resolution No. olo-o9 Sunday 4 &V 25 Monday January 2009 Wednesday Thursday Friday 1 City Hall Closed 2 3 4 City Hall Closed 5 6 7 7:30 a.m. Finance Committee- Myhre's 12 13 14 7:00 p.m. City 2:00 p.m. Tourism Council Meeting- Committee -City City Hall Hall 19 20 21 7:00 p.m. City 6:30 p.m. SAC - Council Work Study District Office 7:00 p.m. Planning Session - City Hall Commission - City Hall 26 27 28 7:00 p.m. City Council Meeting - City Hall 15 M 29 7:30 a.m. Utility Committee- Myhre's I•. 23 all IN 17 24 Saturday Sunday Monday 1 2 3 8 9 10 7:00 Coun City 15 � 7:00 r Coun 7:00 p.m. Planning Sessi Commission - City Hall 23 24 22 7:00 Coun City February 2009 Tuesday p.m. City cil Meeting - Hall p.m. City cil Work Study on - City Hall p.m. City cil Meeting - Hall Wednesday 4 7:30 a.m. Finance Committee- Myhre's 11 12 2:00 p.m. Tourism Committee -City Hall 18 19 6:30 p.m. SAC- W.S.U.D. 25 26 Thursday April 2009 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 7:00 p.m. City Council Meeting - City Hall 19 20 21 22 23 24 25 7:00 p.m. Planning 7:00 p.m. City Commission - City Council Work Study Hall Session - City Hall 26 27 28 29 30 7:00 p.m. City Council Meeting - City Hall City of Port Orchard Council Meeting Minutes Regular Meeting of January 13, 2009 7:oo P.M. CALL TO ORDER AND ROLL CALL PRESENT: Lary Coppola, Mayor Councilmembers: Mayor Pro-Tem Clauson, Chang, Childs, Colebank, Olin, Powers, and Putaansuu ALSO PRESENT: Police Chief Townsend, Public Works Director Dorsey, Development Director Weaver, City Clerk Kirkpatrick, Deputy Clerk Rinearson, and City Attorney Jacoby. PLEDGE OF ALLEGIANCE Dave LaRose led the audience and Council in the Pledge of Allegiance. CITIZEN COMMENT Ken Lloyd urged the Council and Mayor Coppola to remain vocal in raising awareness and promoting the opportunity to give to our local food bank. Paul Drzewiecki, 1390 Cedar Canyon Place, voiced concern with the slow response of the City's garbage contractor, Waste Management, regarding recyclables. While he appreciated the work Waste Management does, he did not feel the organization had an adequate emergency communication plan in place to keep its customers informed of pickup dates during severe weather. Mayor Coppola shared his concern and stated he will contact Waste Management to discuss the matter further. APPROVAL OF AGENDA Councilmember Clauson moved and Councilmember Powers seconded the motion to approve the Agenda. Upon vote, the motion as amended passed unanimously. The following item was removed from the Consent Agenda and remanded to the Finance Committee for further consideration: • Adoption of Resolution No. 002-o9, Authorizing the Mayor to Sign Contract for Window Replacement with Port Orchard Glass, LLC for Prospect Street Rental. Councilmember Putaansuu moved and Councilmember Clauson seconded the motion to amend the agenda by removing item 4E and remanding to the Finance committee for further consideration. Upon vote, the motion to amend passed unanimously. APPROVAL OF CONSENT AGENDA A. Approval of Claim Warrants, Payroll, and Treasurer's check book B. Approval of the December 16, 2oo8, Work Study Session Meeting Minutes Minutes of January 13, 2009 Page 2 of 8 C. Approval of the December 30, 2oo8, City Council Meeting D. Adoption of Resolution No. ooi-og, Authorizing the Mayor to Sign Contract with Code Publishing for Municipal Code Codification Services £ , Rental Councilmember Clauson moved and Councilmember Colebank seconded the motion to approve the Consent Agenda. Upon vote, the motion passed unanimously. PRESENTATIONS Update: Port Orchard Library Kathleen Wilson provided a brief update on the Port Orchard Library, noting the following successes in 2oo8: • Reduction in library hours for a second year in a row would remain in effect. New hours effective January 1, 2009: On Thursdays, the Library will be open until 5:00 p.m. and on Saturdays from 1 p.m. to 5:00 p.m. The good news is the Library will still be open seven days a week with 50 open hours per week. • The Library has teamed up with the South Kitsap School District and implemented a program to have all third -graders have a day at the library, which included a free book and library card. • 1600 children and teens participated in the summer reading program sponsored by the Port Orchard Library and Boo kids received a free book for reading a minimum of ten hours • The Library started their "Did You Know" campaign, which promotes the Library to local residents to include the various programs available to children and adults alike • The Library has a new program called "Art-A-Palooza," which allows the community the opportunity to learn about American Art • The Library is doing its part to be green and they now offer recycled bags instead of plastic Mayor Coppola and Councilmembers thanked Ms. Wilson for her dedication to our children and community. Update: South Kitsap School Levy Dave LaRose, Superintendant of South Kitsap School District, introduced other members on the South Kitsap School Levy Committee Shawn Cucciardi, and Jay Rosapepe. Mr. LaRose voiced appreciation to the community for their leadership and guidance and explained that this is a four-year replacement levy that provides continued funding support for the School District's operating budget and he urged the community to show their support by voting Yes on February 3, 2009. Minutes of January 13, 2009 Page 3 of 8 Shawn Cucciardi urged the Council and Mayor to provide a resolution showing their support of the School District's replacement levy. He encouraged the community to contact him regarding any questions they may have on the levy, noting the School District has been doing an amazing job in teaching our youth. Jay Rosapepe explained that the South Kitsap graduation average has increase by go% and that the State's average increased by approximately 75%. Further, he noted that South Kitsap students' WASL scores in all three areas of reading, writing, and math have increased for grades 4, 7, and io over the past eight years, attributing it to the steady levy funding. The Council invited the School District to present both sides of the levy matter at its January 27, 2009, Council meeting at which time the Council will determine its endorsement of the levy. PUBLIC HEARINGS Public Hearing Regarding Council District Formation City Attorney Jacoby presented the staff report, noting that on November 12, 2oo8, the Council held a Public Hearing for the purpose of providing the public with an opportunity to comment regarding the proposed division of the City into three Council wards. Public testimony was taken from Gerri Harmon and Gil Michael. The Council then moved to continue this matter to January 13, 2009, for a second Public Hearing and potential action. The City Attorney and staff have worked together to prepare the attached draft ordinance for Council's review and further direction to staff. The City Attorney worked with the Kitsap County Auditor's office to arrive at boundary descriptions that meet the necessary legal requirements and to revise the final maps. At 7:42 P.M. Mayor Coppola opened the Public Hearing. Gerri Harmon, 906 Kitsap, voiced her opposition of Council Districting, noting that it was moving forward to quickly and urged the Council to wait until the urban growth annexations have been completed. Richard A Brown, voiced his opposition of the Council Districting, noting this matter should be addressed after the McCormick Woods annexation as it might lead to the creation of additional wards. Ron Rice urged the Council to consider the proposed Districts by names rather than numbers. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:44 p.m. Minutes of January 13, 2009 Page 4 of 8 City Attorney Jacoby clarified that once the Council adopted the proposed Council Districts they could not be changed either 2o-months after established or 12o days prior to a general election. Public Hearing Regarding Annexation of Sedgwick/Bethel Parcels Development Director Weaver presented the staff report, noting that 2o-property owners, represented by Jim Miller, submitted a Petition for Annexation on January 9, 2009, to annex thirty-nine parcels which total approximately 64 acres; and the associated rights -of - way located in the vicinity of the intersection of Sedgwick Road and Bethel Road. The parcels either contain existing commercial uses, or the owners intend to extend additional commercial uses on their parcels. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the 10-year update of their Comprehensive Plan in December 2oo6, with a County Comprehensive designation of Urban High -Intensity Commercial/Mixed Use and zoning of Highway Tourist/Commercial. One parcel, 022301- 4-035-2007, has a County Comprehensive Plan designation and zoning of Urban Low Residential. The applicants are requesting to be annexed with the City's Comprehensive Plan and Zoning designations of Commercial. At 7:51 p.m. Mayor Coppola opened the Public Hearing. Danny Horvits questioned whether or not the City has the sewer capacity to handle the commercial businesses in the proposed area. Development Director Weaver explained that the sewer capacity will be determined between West Sound Utility District and the City to ensure the most efficient way to supply sewer services to all the properties in that area. Richard A Brown noted this was the first glimpse of the City's ability to handle development on Bethel Road and voiced his support that the area should be zoned Commercial. There being no further testimony, Mayor Coppola closed the Public Hearing at 7:55 p.m. NEW BUSINESS Adoption of Ordinance No. 049-08, Approving the Seabeck Pizza Rezone City Attorney Jacoby presented the staff report, explaining that a Public Hearing was conducted at the December 30, 2oo8, meeting to discuss the requested rezone of the subject property from Employment-Industrial/Office (EO) zone to Commercial- Retail/Office. The rezone would bring the property into compliance with its Comprehensive Plan designation and make it more compatible with neighboring zoning. The Planning Commission held a hearing on November 17, 2oo8, and recommended approval of the rezone, while approving a variance from the City's Critical Areas Ordinance, with conditions as set forth in Planning Commission Resolution olo-o8. Further, City Attorney Jacoby spoke with the attorneys representing Lowes and Seabeck Pizza, who have agreed to continue to negotiate a possible access easement agreement. Minutes of January 13, 2009 Pages of 8 Due to the appearance of a conflict of interest, Councilmember Olin recused himself from the discussion and the dais. After a brief discussion, the Council stated it was in Lowes and Seabeck Pizza's best interest to finalize the access easement and directed this matter to be continued to the January 27, 2009, meeting. Councilmember Clauson moved and Councilmember Powers seconded the motion to continue the Seabeck Pizza rezone to the January 27, 2009, Council meeting. Upon vote, the motion passed with five affirmative votes, one dissenting vote, and one abstaining. Councilmember Childs cast the dissenting vote and Councilmember Olin abstained. Adoption of Ordinance No. ooi-og, Establishing Council Districts City Attorney Jacoby presented the staff report, noting a Public Hearing was conducted earlier in the meeting. Councilmember Clauson moved and Councilmember Olin seconded the motion to adopt Ordinance No. ooi-o9, establishing Council Districts. Motion withdrawn by the maker of the motion Councilmember Clauson with the support of the second Councilmember Olin. Councilmembers voiced the following concerns: • Waiting period of 2o-months to review the boundaries of the wards • May not be the right time with the possible annexation of McCormick Woods • The matter should be remanded back to the Committee If in a rapid growth time and would be best to hold off until the annexations are approved The timing is not right and didn't like the idea of being forced to run in specific areas. The City is still small enough that voters may not get a good representation of the City with the formation of Districts Councilmember Olin stated there is no good time to do this and it is not self serving on his part. In addition, his intent was to do it before the next census and readjust the boundary with the census population and possibly have more than three wards. Councilmember Clauson moved and Councilmember Chang seconded the motion to remand Ordinance No. ooi-o9, Establishing Council Districts to the Committee for further consideration. Upon vote, the motion passed with five affirmative votes and two dissenting votes. Councilmembers Powers and Olin cast the two dissenting votes. Minutes of January 13, 2009 Page 6 of 8 Appointment of Mayor Pro-Tempore for 2009 City Clerk Kirkpatrick presented the staff report, explaining that RCW 35.23.191 requires the Council at their first meeting of each calendar year to appoint a Mayor Pro-Tempore from the current Councilmembers. Councilmember Childs nominated Councilmember Colebank as the Mayor Pro-Tempore. Councilmember Clauson nominated Councilmember Powers as the Mayor Pro-Tempore. Councilmember Clauson moved and Councilmember Chang seconded the motion to elect Councilmember Powers as the Mayor Pro-Tempore for 2009. Upon vote, the motion passed with six affirmative votes and one dissenting vote. Councilmember Childs cast the dissenting vote. Discussion Item: Truck and Snow -Plow Replacement Public Works Director Dorsey explained that on January 7, 2009, the Finance Committee reviewed and discussed several truck and snow plow replacement options (both new and used) for the truck (1984 GMC) and plow that ceased operating during the 2008 winter storm. The 1984 GMC is currently owned by Water/Sewer and is proposed to be replaced from the Water/Sewer Operating Fund. The snow plow is proposed to be replaced from the Cumulative Reserve for Equipment Replacement Fund (Street Category). The Finance Committee directed staff to obtain cost estimates to purchase new equipment rather than used equipment. Staff presented the following price quotes on new equipment: Truck Chassis & io-CY Dump Bed: 2009 International 7400, 310 HP $83,455.10 (incl. tax) 10-CY Dump Bed $41,071.64 (incl. tax) $124,526.74 NTE $125,500 Snow Plow: American Snow Plow #3910 $12,871.47 (inc. tax) NTE $ 1,i,s00 TOTAL NTE $139,000 Councilmember Clauson explained that the Finance Committee felt it would be a better use of public funds to purchase a new vehicle and snow plow rather than older surplus equipment. Councilmember Colebank moved and Councilmember Clauson seconded the motion to purchase a new truck chassis and io-cy dump -bed and snow plow through the State contract. Upon vote, the motion passed unanimously. Discussion Item: Tremont Widening Project Update Public Works Director Dorsey reported on his meeting with the Washington Department of Transportation (WADOT) to discuss funding options, which resulted in a second meeting Minutes of January 13, 2009 Page 7 of 8 between the City, DOT and Berger Abam. Staff will provide an update at the January 27th Council meeting. Public Works Director Dorsey reported that he had spoken with WADOT regarding the signals at Sidney and Bay Street. This is a State project and they have advised that the sidewalks and signal synchronization should be in place by next month. At the request of Council, Mr. Dorsey will check the synchronization of the Lowe's signal on Sedgwick. Council Retreat date At the request of the Mayor, the Council directed staff to advertise a Council Retreat for Friday, February 20, 2009, from io:oo a.m. to 2:00 p.m. at City Hall to discuss goals and objectives. City Attorney Jacoby will facilitate the meeting. CITIZENS COMMENTS Richard A Brown clarified that an intersection onto Sedgwick was part of the original application and would be located approximately 150 feet west of the Lowe's intersection. Judd Turner with the Sidney Art Museum, voiced concern with the proposed parking garage plans and inquired as to how it will affect the Museum, which is a historical landmark. Gerri Harmon voiced concern with the synchronization of the lights at Ridgemont Terrace, noting the wait times during certain times of day cause significant traffic delays. Gary Anderson voiced support of the Bethel Road annexation, noting it will be a major asset to the City. COMMITTEE REPORTS Councilmember Childs announced that the Tourism Committee would meet on Wednesday, January 14, 2009, at 2:00 p.m. at City Hall. Councilmember Putaansuu announced the Utility Committee meeting is on Thursday, January 29, 2oo9, at 7:3o a.m. at Myhre's. Councilmember Clauson advised the ribbon cutting ceremony for the new urgent care wing at the Harrison Medical Center was a first class affair. He congratulated the facility on the new wing, which boasts state-of-the-art equipment. Councilmember Powers advised she was appointed as the alternate on the Puget Sound Regional Council and as such represents the cities of Port Orchard, Poulsbo, and Bainbridge Island. Minutes of January 13, 2009 Page 8 of 8 Councilmember Chang voiced support of Plan C for ferry funding issues and encouraged the Council to support the same. MAYOR'S REPORT Mayor Coppola reported on the following activities: • Attended the Harrison Medical Center ceremony, which now boasts a 24-hour, 7- days a week Urgent Care facility for South Kitsap residents. • Met with the Farmers Market Association to discuss creation of a year-round Farmers Market in the downtown area. • Working to bring a Boat Show in April to the Port Orchard Marina. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey noted the following project updates: • Leachate Contract is in the negotiation process and hopes to have it on the January 27, 2oo9, agenda. • In the process of requesting the Port Orchard Blvd sidewalk grant money be shifted to the Seawall project from the Kitsap Regional Coordinating Council. • Working on putting the Tremont Widening Project on the 2-year list for the stimulus package • Submitted paperwork to apply for storm recovery funds Development Director Weaver provided an update on the Sedgwick and Bethel annexation, noting staff continues to receive petitions, which will go before the Boundary Review Board and Council shortly. City Attorney Jacoby provided Council with copies of documents relating to the Decker Appeal. ADJOURNMENT At 9:36 p.m. Mayor Coppola adjourned the meeting. Patricia J. Kirkpatrick, City Clerk Lary Coppola, Mayor