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File #: 2018-0423    Version:
Type: Ordinance Status: Passed
File created: 9/17/2018 In control: Government Accountability and Oversight Committee
On agenda: Final action: 12/10/2018
Enactment date: 12/20/2018 Enactment #: 18853
Title: AN ORDINANCE related to the leasing and licensing of real property for the possession or use by the county; and amending Ordinance 11992, Section 2, as amended, and K.C.C. 12.16.010 and Ordinance 10849, Section 19, as amended, and K.C.C. 12.16.125.
Sponsors: Pete von Reichbauer, Kathy Lambert
Indexes: Lease, PSERN
Code sections: 12.16.125 - ., 4A.100.070 - .
Attachments: 1. Ordinance 18853.pdf, 2. 2018-0423 legislative review form, 3. 2018-0423 transmittal letter, 4. 2018-0423 Code Change Request Summary, 5. 2018-0423 fiscal note, 6. 2018-0423_ATT7_PSERN Site Agreements Q3 2018, 7. 2018-0423_SR_PSERNcodechangekhm editsv2
Staff: Leskinen, Miranda

Title

AN ORDINANCE related to the leasing and licensing of real property for the possession or use by the county; and amending Ordinance 11992, Section 2, as amended, and K.C.C. 12.16.010 and Ordinance 10849, Section 19, as amended, and K.C.C. 12.16.125.

Body

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Ordinance 11992, Section 2, as amended, and K.C.C. 12.16.010 are each hereby amended to read as follows:

                     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

                     A.  "Administrator" means the director of the finance and business operations division in the department of executive services.

                     B.  "Contract awarding authority" means any person with the power to enter into a contractual arrangement binding the county and also means the particular office, agency or division on whose behalf the contract is executed.  In addition, "contract awarding authority" includes, but is not limited to, the county executive, heads of county departments or offices and as delegated, division directors.

                     C.  "Contractor" means any person, firm, business, organization, company, partnership, corporation or other legal entity, excluding real property lessors and lessees and government agencies, contracting to do business with the county including, but not limited to, public work contractors, consultant contractors, providers of professional services, service agencies, vendors and suppliers selling or furnishing materials, equipment or goods or services.

                     D.  "Disability" means the presence of a sensory, mental or physical impairment that is medically cognizable or diagnosable; or exists as a record or history; or is perceived to exist whether or not it exists in fact.  A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.

                     E.  "Disability access laws" means all laws requiring that county services, programs and activities be accessible by people with disabilities including Title II of the Americans with Disabilities Act, Title II of the Telecommunications Act of 1934, as amended,  and Section 504 of the Rehabilitation Act of 1973, as amended.

                     F.  "Discriminate" means an action, other than an action taken in accordance with lawful equal employment opportunity efforts, or failure to act, whether by itself or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, by reasons of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification.

                     G.  "Discrimination" means differential treatment of or pursuit of policies or practices that have a disproportionate impact upon persons due to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification.

                     H.  "Employment" means any and all terms and conditions and policies and practices of employment including, but not limited to, hiring, firing, upgrading, demotion, recruiting, transfer, lay-off, termination, pay rates and advertisement, hours and conditions of work.

                     I.  "Equal employment opportunity" means the availability of employment and advancement of all people based on merit, capability, and potential, and without regard to an individual's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification.  "Equal employment opportunity" includes the following components:  recruitment, application processing, hiring, job placement, compensation, promotion, transfer, termination and work assignment.

                     J.  "Equal employment opportunity efforts" means active efforts to ensure equal opportunity in employment that is free from all forms of discrimination.

                     K.  "Equal opportunity" means a system of practices under which individuals are not excluded from any opportunity or benefits because of their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification.

                     L. "Lessor" and "lessee" means any person, firm, business, organization, company, partnership, corporation or other legal entity, excluding government agencies, entering into any lease or license for the possession or use of real property with the county.

                     M.  "Minority" or "minorities" means a person who is a citizen of the United States and who is a member of one or more of the following historically disadvantaged racial groups:

                       1.  Black or African American:  Having origins in any of the Black racial groups of Africa;

                       2.  Hispanic:  Mexican, Puerto Rican, Cuban, Central American, South American or of other Spanish or Portuguese culture or origin, regardless of race;

                       3.  Asian American:  Having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands; or

                       4.  American Indian or Alaskan Native:  Having origins in any of the original peoples of North America.

                     ((M.)) N.  "Permanent workforce" means those persons employed by a bidder, proposer or contractor for at least six continuous months immediately prior to the bid or proposal opening or the award of a contract by the county, and who are currently employed by the bidder, proposer or contractor.

                     ((N.)) O.  "Reasonable accommodation" means steps taken to modify facilities used by employees or to modify a particular job component which enables an otherwise qualified person with a disability to perform the essential functions of the job.

                     ((O.)) P.  "Sexual orientation" means heterosexuality, bisexuality or homosexuality, and includes a person's attitudes, preferences, beliefs and practices pertaining to sex.

                     ((P.)) Q.  "Underrepresentation" means presence in a contractor's work force of minorities, women and persons with disabilities, in a particular job category in proportionate numbers less than their representation in the county's labor market area. 

                     SECTION 2.  Ordinance 10849, Section 19, as amended, and K.C.C. 12.16.125 are each hereby amended to read as follows:

                     No lessor or lessee doing business with the county shall discriminate on the basis of race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification, in the employment or application for employment or in the administration or delivery of services or any other benefits under this chapter.  The lessor or lessee shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination.  These laws include, but are not limited to, chapter 49.60 RCW, and Titles VI and VII of the Civil Rights Act of 1964.  The language in this section shall be included in all lease or

license agreements for the possession or use or real property, except for agreements with government agencies.