HomeMy WebLinkAbout08-03-2020 CITY COUNCIL AGENDACity Council Meeting
August 3, 2020 - 7:00 P M
VIR T UAL
A GE NDA
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I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he Auburn City Council Meeting scheduled for Monday, August 3, 2020 at 7:00
p.m. will be held virtually and telephonically. To attend the meeting virtually please
click the link or enter the meeting I D into the Z oom app or call into the meeting at
the phone number listed below.
Per the Governor's Emergency P roclamation 20-28, the City of A uburn is
prohibited from holding an in-person meeting at this time.
City of A uburn Resolution No. 5533, designates City of A uburn meeting locations
for all Council, Board and Commission meetings as virtual.
All meetings will be held virtually and telephonically until K ing County enters into
Phase 3 of Governor I nslee’s S afe S tart — Washington’s P hased Reopening
plan.
T he link to the Virtual Meeting or phone number to listen to the Council Meeting is:
J oin from a P C, Mac, iP ad, iPhone or Android device:
Please click this URL to join. https://zoom.us/j/98117511397
Or join by phone:
253 215 8782
877 853 5257 (Toll Free)
Webinar ID: 981 1751 1397
A .P ledge of Allegiance
B .Roll Call
I I I .AG E ND A M O D I F IC AT I O NS
I V.NE W B US I NE S S
Page 1 of 80
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
Participants can submit written comments via mail, f ax or email. A ll written
comments must be received prior to 7:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email comments to:
scampbell@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J uly 20, 2020 Regular Council Meeting
B .Claim Vouchers (Thomas)
Claim voucher list dated A ugust 3, 2020 which includes voucher numbers 459516
through 459806 in the amount of $1,221,148.93 and five wire transfers in the amount of
$745,060.05
C.P ayroll Vouchers (T homas)
P ayroll check numbers 538951 through 538957 in the amount of $542,265.35 and
electronic deposit transmissions in the amount of $1,943,124.70, for a grand total of
$2,485,390.05 for the period covering J uly 15, 2020 to J uly 29, 2020
D.S et Public Hearing Date for Ordinance No. 6770
City Council to set date for Public Hearing for Ordinance No. 6770 for the Hudson
Page 2 of 80
D C T Sewer Payback A greement No. P B K18-0002
E .S et Public Hearing Date for Ordinance No. 6771
City Council to set date for Public Hearing for Ordinance No. 6771 Hudson D C T
Water P ayback Agreement No. P B K 18-0003
F.S et Public Hearing Date for Ordinance No. 6772
S et date for Public Hearing for Ordinance No. 6772 Hudson D C T Street P ayback
A greement No. P B K18-0004
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.O RD INANC E S
A .Ordinance No. 6775 (Gaub)
A n Ordinance authorizing F ranchise Agreement No. F R N20-0002 with P uget S ound
E nergy for their Electric Utility
(RE C O M M E ND E D AC T I O N: M ove to adopt Ordinance No. 6775.)
X .RE S O L UT IO NS
A .Resolution No. 5535 (Hinman)
A Resolution authorizing the Mayor to grant an easement to K ing County across a
portion of Game F arm W ilderness Park for river protection purposes
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5535.)
B .Resolution No. 5539 (O'Neil)
A Resolution approving the amended and restated I nterlocal Cooperative A greement
between the Washington State Patrol, Pierce County Sheriff’s Office, K ing County
P rosecutor’s Office, and the municipalities of Auburn, B onney L ake, Federal Way,
L akewood, Tacoma, and Tukwila for the creation of the Puget Sound Auto Theft Task-
Force
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5539.)
C.Resolution No.5540 (O'Neil)
A Resolution authorizing the Chief of Police to Enter an I nterlocal Agreement with the
K ing County Sheriff’s Office
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5540.)
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
Page 3 of 80
X I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the July 20, 2020 Regular Council Meeting
Date:
July 21, 2020
Department:
City Council
Attachments:
07-20-2020 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:August 3, 2020 Item Number:CA.A
Page 5 of 80
City Council Meeting
J uly 20, 2020 - 7:00 P M
Virtual
MINUT E S
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I .C AL L T O O RD E R
I I .Virtual Participation Link
1.Virtual P articipation L ink
T he City Council Meeting was held virtually in the Council Chambers.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers virtually present: Deputy Mayor Claude DaCorsi, B ob
B aggett, L arry Brown, J ames J eyaraj, Robyn Mulenga, Chris S tearns and
Yolanda Trout-Manuel.
Mayor Nancy Backus and the following department directors and staff
members were present: I nnovation and Technical Support S pecialist
Danika Olson, Director of I nnovation & Technology David Travis, Chief of
P olice Dan O’Neil and Deputy City Clerk Teresa Mattingly.
The following department directors and staff members attended the
meeting virtually: City Attorney Dan Heid. Director of P ublic Works I ngrid
Gaub, Director of Human Resources and Risk Management Candis
Martinson, Director of F inance J amie T homas, Director of Community
Development J eff Tate, A ssistant Director of I nnovation and Technology
A shley Riggs, Human Services Manager J oy S cott, and S K HHP
E xecutive Manager A ngela San Filippo.
I I I .AG E ND A M O D I F IC AT I O NS
A revised version of Ordinance No. 6779 and Ordinance No. 6780 have
been provided to Council.
Page 1 of 5Page 6 of 80
I V.NE W B US I NE S S
There was no new business.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Ordinance No. 6775 (Gaub)
A Public Hearing to consider F ranchise Agreement No. F R N20-0002 for Puget
Sound E nergy
Mayor B ackus opened the public hearing at 7:04 p.m. No public
comments were received, she closed the hearing.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.Virtual P articipation
B ob Z immerman, 33029 46th Place South
Mr. Z immerman expressed his concerns about fire season and
wildfires.
Frank Hornung, T he Neiders Company
Mr. Hornung requested the City of Auburn delay implementing a new
ordinance on rental properties.
I saac Organista, Community Organizer / Washington C A N
Mr. Organista encouraged Council to pass Ordinance No. 6780.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aggett)
Councilmember B aggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Stearns have reviewed the claims
and payroll vouchers described on the Consent Agenda this evening
and recommended their approval.
Page 2 of 5Page 7 of 80
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J une 29, 2020 and J uly 13, 2020 S tudy
S ession
B .Minutes of the J uly 6, 2020 Regular Council Meeting
C.Claim Vouchers (Thomas)
Claim voucher list dated J uly 20th, 2020 which includes voucher numbers 459288
through 459515 in the amount of $5,160,715.37 and four wire transfers in the amount
of $380,843.52
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538943 through 538950 in the amount of $223,180.00 and
electronic deposit transmissions in the amount of $1,934,179.37 for a grand total of
$2,003,183.37 for the period covering J une 30, 2020 to J uly 14, 2020
E .P ublic Works P roject No. C P 1904 (Gaub)
City Council to approve an increase of $72,200.00 in the total maximum authorized
contract amount for Public Works Contract No. 20-03: Construction Project No.
C P1904, A uburn Way North P reservation P roject P hase 3
F.P ublic Works P roject No. C P 1925 (Gaub)
City Council to approve an increase of $70,000.00 in the total maximum authorized
contract amount for Public Works Contract No. 20-07: Construction of Project No.
C P1925, L ocal Street Reconstruction and Preservation Project
Deputy Mayor DaCorsi moved and Councilmember Trout-
Manuel seconded to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.O RD INANC E S
A .Ordinance No. 6779 (Tate)
A n Ordinance amending Chapter 18.68 of the Auburn City Code (A C C) relating to
amending the text of Title 18 'Zoning' and zoning map changes
Councilmember B rown moved and Councilmember Mulenga seconded to
adopt Ordinance No. 6779.
Page 3 of 5Page 8 of 80
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
B .Ordinance No. 6780 (Tate)
A n Ordinance creating Chapter 5.24 of the City Code regarding a City of Auburn
Rental Housing Policy
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to adopt Ordinance No. 6780.
Councilmember S tearns moved and Councilmember B rown seconded to
add Mobile Home L andlords to section 5.24.010.A .
Motion to amend C A R R I E D UNA NI MO US LY 7-0
A mended main motion C A R R I E D UNA NI MO US LY 7-0
X .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported he attended a virtual meeting with the
Growth Management Policy B oard and the S ound Cities A ssociation
A ffordable Housing Committee.
Councilmember B aggett reported he attended a joint meeting with the
Regional Transit Committee and Metro's Mobility F ramework Committee.
Councilmember B rown reported he attended a S ound Cities A ssociation
webinar on Racial E quity and J ustice.
Councilmember Trout-Manuel discussed the Coronavirus and reminded
people to wash their hands, wear their facemasks and to be careful who
they have contact with.
Councilmember J eyaraj reported he attended two training classes with the
P olice Department, one on the Vascular Neck Restraint (V NR) and the
other on weapons and tactical response.
Councilmember S tearns reported he attended the K ing County F lood
Control A dvisory Committee meeting. He also expressed his condolences
to the family of Congressman J ohn L ewis and stated how grateful he is for
Congressman L ewis and his leadership during the Civil Rights Movement.
B .From the M ayor
On behalf of the City of A uburn, Mayor B ackus sent condolences to the
City of B othell, the family and friends of police Officer J onathan Shoop
who died in the line of duty last week.
Page 4 of 5Page 9 of 80
Mayor Backus reported she attended a S ound Cities A ssociation webinar
on Racial E quity and J ustice, the swearing in ceremony for Officer Cox, the
K ing County Regional Homelessness A uthority meeting and she also met
with Governor I nslee and some of the other Mayor’s in King County to
discuss issues within the cities regarding C O V I D-19. She also
encouraged people to wear their masks in public.
X I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:53 p.m.
A P P R O V E D this 3rd day of A ugust, 2020.
_______________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 10 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
July 21, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim voucher list dated August 3, 2020 which includes voucher numbers 459516 through
459806 in the amount of $1,221,148.93 and five wire transfers in the amount of $745,060.05
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 3, 2020 Item Number:CA.B
Page 11 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
July 21, 2020
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538951 through 538957 in the amount of $542,265.35 and electronic
deposit transmissions in the amount of $1,943,124.70, for a grand total of $2,485,390.05 for
the period covering July 15, 2020 to July 29, 2020
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:August 3, 2020 Item Number:CA.C
Page 12 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Set Public Hearing Date for Ordinance No. 6770
Date:
July 23, 2020
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for Hudson DCT Sewer Payback Agreement
No. PBK18-0002 as September 8, 2020, at 7:00 pm.
Background Summary:
Hudson DCT has constructed sewer systems improvements including a sewer pump station,
force main, and gravity main extensions along South 287th Street to provide sewer service to
their development. These improvements benefit other properties and are eligible for a
Payback Agreement. The Agreement would provide for reimbursement to the developer
when those benefitted properties connect or benefit from the improvement.
City code section 3.25.080 requires the City to conduct a public hearing to consider an
ordinance approving the payback agreement, to notify all property owners within the proposed
reimbursement assessment area of the public hearing, and to allow them time to comment on
the proposed agreement.
Staff will present further background and information at the Council Study Session on August
10, 2020.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:August 3, 2020 Item Number:CA.D
Page 13 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Set Public Hearing Date for Ordinance No. 6771
Date:
July 24, 2020
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for Hudson DCT Water Payback Agreement
#PBK18-0003 as September 8, 2020, at 7:00 pm.
Background Summary:
Hudson DCT has constructed water system improvements including water main extension
along South 287th Street to provide water service to their development. These
improvements benefit other properties and are eligible for a Payback Agreement. The
Agreement would provide for reimbursement to the developer when those benefitted
properties connect or benefit from the improvement.
City code section 3.25.080 requires the City to conduct a public hearing to consider an
ordinance approving the payback agreement, to notify all property owners within the proposed
reimbursement assessment area of the public hearing, and to allow them time to comment on
the proposed agreement.
Staff will present further background and information at the Council Study Session on August
10, 2020.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:August 3, 2020 Item Number:CA.E
Page 14 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Set Public Hearing Date for Ordinance No. 6772
Date:
July 24, 2020
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council set the date of the Public Hearing for Hudson DCT Street Payback Agreement
No. PBK18-0004 as September 8, 2020, at 7:00 pm.
Background Summary:
Hudson DCT has constructed a traffic signal at the intersection of South 287th Street and
West Valley Highway to mitigate the traffic impact of their development. This improvement
benefits other properties and is eligible for a Payback Agreement. The Agreement would
provide for reimbursement to the developer when those benefitted properties benefit from
the improvement, as they develop or redevelop.
City code section 3.25.080 requires the City to conduct a public hearing to consider an
ordinance approving the payback agreement, to notify all property owners within the proposed
reimbursement assessment area of the public hearing, and to allow them time to comment on
the proposed agreement.
Staff will present further background and information at the Council Study Session on August
10, 2020.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:August 3, 2020 Item Number:CA.F
Page 15 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6775 (Gaub)
Date:
July 20, 2020
Department:
Public Works
Attachments:
Ordinance No. 6775
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Ordinance No. 6775.
Background Summary:
Section 20.06.010 of the Auburn City Code requires a franchise of any commercial utility to
use public ways of the City and to provide commercial utility services to any person or area of
the City.
Puget Sound Energy has applied for a new franchise agreement to continue to operate their
electrical transmission and distribution facilities within the City’s rights of way as their previous
franchise agreement has recently expired. PSE currently provides electrical services to all
parts of the city, including commercial and residential service.
The proposed agreement is consistent with the City’s standard franchise agreement language
and requires that any repairs, upgrades, and improvements to the existing and future facilities
are permitted and managed through the City’s permitting processes. The proposed
agreement would be valid for a term of 15 years with the option to renew for an additional 5
years.
A staff presentation was given at the July 13, 2020, Study Session discussing Draft
Ordinance No. 6775. A Public Hearing to consider this application and hear public comment
was held before the City Council on July 20, 2020, in accordance with Auburn City Code
20.06.030.
Ordinance No. 6775 authorizes Franchise Agreement No. FRN20-0006 with PSE subject to
the terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:August 3, 2020 Item Number:ORD.A
Page 16 of 80
Page 17 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 1 of 19
ORDINANCE NO. 6775
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation,
its successors and assigns, the right, privilege, authority and franchise to set, erect,
lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge,
operate and use Facilities in, upon, over, under, along, across and through the
Franchise Area to provide for the transmission, distribution and sale of electric
energy for power, heat and light, and any other purposes for which electric energy
may be used.
WHEREAS, the City Council of the City of Auburn finds that the general public health,
safety, welfare, necessity and convenience require Facilities to provide for transmission,
distribution and sale of energy for power, heat, and light, and other purposes for which energy may
be used, be constructed, maintained and repaired in an orderly manner when those Facilities are
located in, under, on or along City rights-of-way.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Definitions.
1.1 Where used in this franchise (the "Franchise") the following terms shall mean:
1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation,
and its successors and assigns.
1.1.2 "City" means the City of Auburn, a code city of the State of
Washington, and its successors and assigns.
1.1.3 "Franchise Area" means any, every and all of the roads, streets,
avenues, alleys, highways and public rights-of-way of the City as now laid out, platted,
dedicated or improved; and any; every and all roads, streets, avenues, alleys, highways and
public rights-of-way that may hereafter be laid out, platted, dedicated or improved within
the present limits of the City and as such limits may be hereafter extended.
1.1.4 "Facilities" means, collectively, any and all electric transmission and
distribution systems, including but not limited to, poles (with or without crossarms), wires,
lines, conduits, cables, braces, guys, anchors and vaults, meter-reading devices, fixtures,
and communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way pertaining to any and
all of the foregoing for the purpose of transmission, distribution and sale of energy, whether
the same be located overhead or underground.
1.1.5 "Ordinance" means Ordinance No. 6775, which sets forth the terms
and conditions of this Franchise.
Page 18 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 2 of 19
1.1.6 "Public Improvement" means any capital improvement, maintenance
or repair within the Franchise Area that is undertaken by or on behalf of the City and is
funded by the City (either directly or indirectly with its own funds or with other public
monies obtained by the City), including any capital improvement within the City’s adopted
Transportation Improvement Plan or Capital Facilities Plan.
Section 2. Facilities Within Franchise Area.
2.1 The City does hereby grant to PSE the right, privilege, authority and franchise to
set, erect, lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate
and use Facilities in, upon, over, under, along, across and through the Franchise Area to provide
for the transmission, distribution and sale of energy for power, heat, light and such other purposes
for which energy may be used.
2.2 This Franchise shall not convey any right to PSE to install its Facilities on or to
otherwise use City-owned or City-leased properties outside the Franchise Area; provided,
however, that PSE shall retain the right to maintain, repair and operate Facilities installed pursuant
to prior franchise agreements with the City regardless of whether said Facilities are outside the
Franchise Area, but such right shall be subject to the provisions of Section 2.3.
2.3 Existing Facilities installed or maintained by PSE on public grounds and places
within the City in accordance with prior franchise agreements (but which such Facilities are not
within the Franchise Area as defined in this Franchise) may continue to be maintained, repaired
and operated by PSE at the location such Facilities exist as of the effective date of this Franchise
for the term of this Franchise; provided, however, that no such Facilities may be enlarged,
improved or expanded without the prior review and approval of the City pursuant to applicable
ordinances, codes, resolutions, standards and procedures.
Section 3. Noninterference and Maintenance of Facilities.
3.1 PSE's Facilities shall be constructed, installed, maintained, replaced, upgraded,
relocated, and repaired within the Franchise Area so as not to unreasonably interfere with the free
passage of traffic and in accordance with the laws of the State of Washington, the City of Auburn
Design and Construction Standards, and the ordinances, rules and regulations of the City;
provided, however, that in the event of any conflict or inconsistency of such codes, ordinances,
rules, and regulations with the terms of this Franchise, the terms of this Franchise shall govern and
control; provided further that nothing herein shall be deemed to waive, prejudice or otherwise limit
any right of appeal afforded PSE by such City codes, ordinances, rules, and regulations. If, during
the term of this Franchise, the City is specifically required by state law to pass any code or
ordinance which conflicts or is inconsistent with any provision of this Franchise, the provisions of
Section 22 will thereafter apply.
3.2 Any repair of PSE's Facilities within the Franchise Area shall be made within the
time and in a manner which conforms with generally accepted customs, practices and standards in
the industry. In the event of any emergency in which PSE's Facilities located in or under the
Franchise Area break or are damaged, or if PSE's Facilities within the Franchise Area are otherwise
Page 19 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 3 of 19
in a condition as to immediately endanger the property, life, health or safety of any individual, PSE
shall, upon receipt of notification from the City of the existence of such condition, take all
reasonable actions to correct the dangerous condition.
3.3 Whenever PSE permanently discontinues use of any above ground or at grade
Facilities within the Franchise Area, such as poles (with or without crossarms), braces, guys,
anchors and vaults, due to modifications or upgrades to PSE's Facilities within the Franchise Area,
the discontinued Facilities shall be removed after all PSE and third party attachments have been
disconnected and removed from such Facilities and in a manner consistent with any contractual
obligations to third party users of such Facilities. Once all PSE and third-party attachments have
been disconnected and removed from such Facilities, the removal shall occur within
ninety (90) calendar days unless otherwise agreed to. If such discontinuation is caused by a Public
Improvement, the removal shall occur as described in the schedule established pursuant to Section
7. In the event that any PSE Facility creates an unreasonable interference with normal right-of-
way operations, the City may request that PSE remove or relocate such Facilities on an expedited
basis.
Section 4. Permits; Restoration.
4.1 Whenever it shall be necessary for PSE to engage in any work within the Franchise
Area, PSE shall apply for all necessary City permits to do such work, and shall, except to the extent
inconsistent with the terms and conditions of this Franchise or where expressly provided otherwise
herein, comply with all requirements and conditions of such permits including but not limited to
location restrictions, traffic control, and restoration, repair or other work to restore the surface of
the Franchise Area, as nearly as practicable, to its condition immediately prior to the work, or as
otherwise specified in the permit issued by the City in connection with the work in conformance
with the City’s current design and construction standards and the applicable provisions of the
Auburn City Code that are not inconsistent with the requirements set forth in this Section 4.1 or
elsewhere in this Franchise. Such restoration responsibility shall continue for a period of time to
correspond to the remaining life of the existing structure, pavement and/or surface in which the
work was accomplished, but shall not apply to any subsequent repair or restoration made necessary
by the acts or omissions of the City or any third party. It is further provided that in the event that
PSE has any work in the Franchise Area completed by any of its authorized agents or
subcontractors, PSE shall remain fully responsible for the permit, permitted work and any other
permit requirements, notwithstanding any provisions of this Franchise to the contrary.
4.2 In the event of an emergency situation in which PSE's Facilities within the
Franchise Area are in such a condition so as to immediately endanger the property, life, health or
safety of any individual, PSE may take immediate action to correct the dangerous condition
without first obtaining any required permit, provided that PSE shall notify the City telephonically
or in person within twenty-four (24) hours of the event, and provided that PSE applies for any
necessary permit(s) from the City for such work as soon as reasonably practicable thereafter. For
the purposes hereof, "as soon as reasonably practicable" means that the permit application shall be
submitted to the City not later than ten (10) business days after the date of the commencement of
the action that requires such permit.
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4.3 Nothing in this Franchise is intended, nor shall it be construed, as a hindrance to
PSE' s ability to take such actions as it deems necessary to discharge its public service obligations
in accordance with the laws of the State of Washington.
Section 5. Maps, Drawings and Records.
5.1 PSE shall provide the City, upon the City's reasonable request, copies of available
drawings in use by PSE showing the location of its Facilities within the Franchise Area, provided
the request is limited to Facilities at specific locations in the Franchise Area and is made in
connection with the City's planning of capital improvement projects. Further, PSE shall, upon the
City's reasonable request, discuss and explore ways in which PSE and the City may cooperate and
coordinate activities with respect to the development of drawing file layers compatible with the
City's Geographic Information System ("GIS") which show PSE's Facilities at specific locations
in the Franchise Area.
5.2 As to any such drawings and drawing file layers so provided, PSE does not warrant
the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are
shown in their approximate location. With respect to any excavations within the Franchise Area
undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed)
to relieve either party of their respective obligations arising under applicable law with respect to
determining the location of utility facilities.
5.3 Upon the City's reasonable request in connection with the City's design of new
streets and intersections and major renovations of existing streets and intersections, and any other
Public Improvement, undertaken by the City, PSE shall further provide to the City (a) the location
of PSE's underground Facilities at those specific locations within the Franchise Area affected by
the project by either field markings or by locating the Facilities in the City's design drawings, and
(b) other reasonable cooperation and assistance; provided, however, that nothing in this Section 5.3
or any other provision of this Franchise is intended to (or shall) relieve any person or entity of its
obligations under applicable law with respect to determining the location of underground facilities.
5.4 The parties understand that Washington law limits the ability of the City to shield
from public disclosure any information given to the City. PSE shall clearly mark any information
that it provides to the City as “Proprietary” information if PSE believes that disclosure of that
information would be exempt under an applicable exemption in RCW 42.56.270. The City agrees
that if it receives a request for information marked by PSE as proprietary, it will promptly, notify
PSE of the request. If PSE does not obtain an order enjoining release of the documents in 10
working days, the City will release the documents.
Section 6. Right to Complete Work.
6.1 In the event that PSE fails to perform any work to restore the surface of the
Franchise Area to enable the free passage of traffic and pedestrians by the traveling public as
required by this Franchise or any permit issued by the City relating to such work, and such failure
continues for a period of ten (10) calendar days after PSE receives written notice from the City
regarding such failure (or, in the event of an emergency situation, such shorter period of time after
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receipt of notice from the City as is reasonably required in the circumstances), the City may, but
in no event is obligated to, perform or contract for such work and, thereafter, PSE shall, upon the
City's written request, reimburse the City for the reasonable costs incurred by the City in having
such work performed.
Section 7. Relocation of Facilities.
7.1 Whenever the City causes a Public Improvement to be constructed within the
Franchise Area, and such Public Improvement requires the relocation of PSE's then existing
Facilities within the Franchise Area (for purposes other than those described in Section 7.2 below):
7.1.1 The City shall provide PSE written notice requesting such relocation,
along with review plans for the Public Improvement that are sufficiently complete to allow
for PSE's evaluation and coordination of the relocation, not less than four (4) weeks prior to
the date of a coordination meeting to be held between the City and PSE to discuss said
Facilities to be relocated; and
7.1.2 The City and PSE shall, at the coordination meeting described in
Section 7.1.1 above, jointly identify and define the project requirements, schedule and
timeframe of relocation, construction standards, and tasks that both parties agree shall
govern the relocation.
PSE shall relocate such Facilities within the Franchise Area, at no charge to the City and in
accordance with the relocation schedule mutually agreed upon by the parties, subject to any
applicable tariffs on file with the Washington Utilities and Transportation Commission and any
different arrangement expressly set forth in a separate agreement signed by PSE and the City. The
City shall use its best efforts to avoid the subsequent relocation of any Facilities for a period of
three (3) years from the date of such relocation, provided that if the City requires such subsequent
relocation, the City shall bear the cost thereof, excepting in circumstances which the City could
not reasonably have foreseen as of the date of such relocation.
7.2 Whenever (i) any public or private development within the Franchises Area, other
than a Public Improvement, requires the relocation of PSE's Facilities within the Franchise Area
to accommodate such development; or (ii) the City requires the relocation of PSE ' s Facilities
within the Franchise Area for the benefit of any person or entity other than the City (including,
without limitation, any condition or requirement imposed by the City pursuant to any contract or
in conjunction with approvals or permits for zoning, land use, construction or development), then
in such event, PSE shall have the right as a condition of such relocation, to require such developer,
person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and
all costs and expenses incurred by PSE in the relocation of PSE's Facilities.
7.3 Subject to compliance by the City with the terms of this Section 7 and consistent
with Section 9, and to the maximum extent provided by law, PSE shall reimburse the City for any
costs, expenses, and/or damages required to be paid to the City’s third party contractor(s) as a
direct result of PSE’s delay in meeting the mutually-established schedule for the relocation work
required to accommodate a Public Improvement to the extent the delay is directly caused by PSE's
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breach of its obligations under this Section 7 with respect to the relocation of PSE's Facilities
within the Franchise Area in accordance with the mutually established schedule for the relocation
work. PSE is not responsible for any cost, expense or damage that results from any delay in
meeting the schedule for a Public Improvement if, and to the extent the delay is caused by the City,
any third party, or any force majeure event.
7.3.1 PSE will not be required to reimburse the City unless the City first tenders the third
party contractor delay claim within a reasonable time following the City’s receipt of the
claim. If a dispute arises between the City and PSE under this Section 7.3, the Parties shall,
within fifteen (15) days of the date of the City’s tendering a claim for delay damages, meet
and commence good faith negotiations to resolve the Parties' differences. The Parties shall
undertake commercially reasonable efforts to resolve their differences, giving due regard
to all pertinent facts and relevant circumstances so as to fully effect the intent of Section
7.3 of the Franchise. The Parties shall make officers or officials with authority to settle the
dispute available for the negotiations. The Parties may elect, by mutual agreement, to
submit the dispute to mediation, to be conducted by a mutually agreeable mediator. In
such event, the mediator's fee shall be divided equally and borne in equal portions by the
Parties. If, at any time during the good-faith efforts to resolve the Parties' differences over
the delay claim, either Party determines that such negotiations will not result in a resolution
of the dispute, such Party may terminate the negotiations by written notice to the other
Party and may thereafter pursue any remedy as may be available to such Party under the
Franchise or applicable law.
7.4 Nothing in this Section 7 "Relocation of Facilities" shall require PSE to bear any
cost or expense in connection with the location or relocation of any Facilities then existing pursuant
to easement or such other rights not derived from this Franchise.
Section 8. Undergrounding of Facilities.
8.1 PSE acknowledges the City desires to encourage the undergrounding of overhead
electrical Facilities within the Franchise Area. The City acknowledges that PSE utilizes such
overhead Facilities to provide electrical service on a non-preferential basis subject to and in
accordance with tariffs on file with the Washington Utilities and Transportation Commission.
Subject to and in accordance with such tariffs, PSE will cooperate with the City in the formulation
of policy and regulations concerning the undergrounding of PSE's overhead electrical Facilities
within the Franchise Area. If, during the term of this Franchise, the City shall direct PSE to
underground overhead electrical Facilities within the Franchise Area, such undergroundi ng shall
be arranged and accomplished subject to and in accordance with tariffs on file with the Washington
Utilities and Transportation Commission. This Section 8 shall govern all matters related to the
undergrounding of PSE's overhead electrical Facilities within the Franchise Area.
Section 9. Indemnification.
9.1 PSE shall indemnify, defend and hold harmless the City, its elected and appointed
officials, officers, employees, agents, representatives, engineers, and consultants from any and all
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claims, costs, judgments, awards, or liability to any person arising from injury or death of any
person or damage to property to the extent the same is caused by the negligent acts or omissions
of PSE, its agents, servants, officers, or employees in performing under this Franchise. This
covenant of indemnification shall include, but not be limited by this reference, to claims against
the City arising as a result of the negligent acts or omissions of, or tortious misconduct by, PSE,
its agents, servants, officers, or employees in barricading, instituting trench safety systems or
providing other adequate warnings of any excavation, construction, or work in the Franchise Area
or in any other public place in performance of work or services permitted under this Franchise.
9.2 Inspection or acceptance by the City of any work performed by PSE at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Said indemnification obligations shall extend to claims which are not reduced to
a suit and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation.
9.3 In the event any claim or demand for which indemnification is provided under
Section 9.1 is presented to, or suit or action is commenced against, the City based upon any such
claim or demand, the City shall promptly notify PSE thereof, and PSE may elect, at its sole cost
and expense, to settle and compromise such suit or action, or defend the same with attorneys of its
choice. In the event that PSE refuses the tender of defense in any suit or any claim for which
indemnification is provided under Section 9.1, said tender having been made pursuant to this
indemnification clause, and said refusal is subsequently determined by a court having jurisdiction
(or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful
refusal on the part of PSE, then PSE shall pay all of the City's costs for defense of the action,
including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs
of the City, including reasonable attorneys' fees of recovering under this indemnification clause.
9.4 In the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of PSE and the City,
its officers, employees and agents, PSE's liability hereunder shall be only to the extent of PSE's
negligence. In the event it is determined by a court of competent jurisdiction, that RCW 4.24.115
applies to this Franchise, PSE's indemnification obligations under Section 9.1 shall apply to the
maximum extent permitted thereunder, to the full extent of PSE's negligence. Further, in any such
action, the City shall have the right to participate, at its sole cost and expense, through its own
attorney in any suit or action which arises pursuant to this Franchise when the City determines that
such participation is in the City's best interest.
9.5 It is further specifically and expressly understood that, solely to the extent required
to enforce the indemnification provided herein, PSE waives its immunity under RCW Title 51;
provided, however, the foregoing waiver shall not in any way preclude PSE from raising such
immunity as a defense against any claim brought against PSE by any of its employees. This waiver
has been mutually negotiated by the parties.
9.6 Notwithstanding any other provisions of this Franchise, PSE assumes the risk of
damage to its Facilities located in the Franchise Area from activities conducted by the City, its
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officers, agents, employees, and contractors, except as set forth below. PSE releases and waives
any and all claims against the City, its officers, agents, employees, or contractors for damage to or
destruction of PSE's Facilities within the Franchise Area caused by or arising out of activities
conducted by the City, its officers, agents, employees, and contractors, in the Franchise Area,
except to the extent any such damage or destruction is caused by or arises from the negligence or
any willful or malicious action on the part of the City, its officers, agents, employees, or
contractors.
9.7 The provisions in this Section 9 shall survive the expiration or termination of this
Franchise with respect to any claim, demand, suit or action for which indemnification is provided
under Section 9.1 and which is based on an act or omission that occurred during the term of this
Franchise.
Section 10. Reservation of Rights.
10.1 In the event the City vacates any portion of the Franchise Area during the term of
this Franchise, the City shall, in its vacation procedure, reserve and grant an easement to PSE for
PSE's existing Facilities unless the City reasonably determines that to do so would be impracticable
in light of the nature of the vacation.
10.2 The existence of this Franchise shall not preclude the City from acquiring by
condemnation, in accordance with applicable law, all or any portions of PSE's Facilities within the
Franchise Area.
10.3 Power services for City facilities within the right-of-way will be placed within the
public right-of-way whenever feasible.
Section 11. Moving Buildings within the Franchise Area.
11.1 If any person or entity obtains permission from the City to use the Franchise Area
for the movement or removal of any building or other object, the City shall, prior to granting such
permission, require such person or entity to arrange with PSE for the temporary adjustment of
PSE's overhead wires necessary to accommodate the movement or removal of such building or
other object, where the movement or removal of such building or other object will pass under
PSE's overhead wires or where the movement or removal of such building or other object will
otherwise require the temporary adjustment of PSE's overhead wires. The City shall require such
person or entity to complete such arrangements, upon terms and conditions acceptable to PSE, not
less than thirty (30) calendar days prior to the movement or removal of such building or other
object. In such event, PSE shall, at the sole cost and expense of the person or entity desiring to
move or remove such building or other object, adjust any of its overhead wires which may obstruct
the movement or removal of such building or object.
Section 12. Use of Facilities by City.
12.1 During the term of this Franchise, the City may, subject to PSE ' s prior written
consent which shall not be unreasonably withheld, install and maintain City-owned overhead wires
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for non-commercial, municipal purposes, such as traffic signalization and police and fire
communications upon PSE' s poles which are Facilities located within the Franchise Area. The
foregoing rights of the City to install and maintain such wires are further subject to the following:
12.1.1 The City shall perform such installation and maintenance at its sole
risk and expense in accordance with all applicable laws and in accordance with such
reasonable terms and conditions as PSE may specify from time to time (including, without
limitation, requirements accommodating Facilities or the facilities of other parties having
the right to use the Facilities); and
12.1.2 PSE shall have no obligation under Section 9 in connection with any
City-owned wires installed or maintained on PSE's poles.
Section 13. Vegetation Management.
13.1 PSE shall not apply any pesticide or herbicide within the Franchise Area without
prior approval of the City, which approval shall not be unreasonably withheld. If PSE first obtains
such approval from the City to apply a specific product in accordance with the defined procedure
on an ongoing basis throughout the Franchise Area, PSE shall not thereafter be required to obtain
the City's approval on each occasion such product is so applied. Trees which may interfere with
ungrounded supply conductors should be trimmed or removed. PSE shall coordinate its routine
vegetation management activities with the City and shall trim vegetation in close proximity to its
Facilities within the Franchise Area in compliance with all City ordinances, regulations,
resolutions, and rules (including those relating to the protection of environmentally sensitive
areas). However, such obligation to coordinate and comply shall not limit PSE's right under this
Franchise to cut, trim or otherwise remove vegetation at any time within the Franchise Area which,
due to proximity to PSE' s Facilities, poses an imminent threat to property, public safety or
continuity of electrical service.
Section 14. Lighting.
14.1 PSE shall install, operate and maintain street lighting as requested and paid for by
the City in accordance with applicable schedules and tariffs on file with the Washington Utilities
and Transportation Commission (or such other regulatory agency having jurisdiction), and a
consistent with a separate Street Lighting Services Agreement. Private lighting requested and paid
for by a third-party user to be within the Franchise Area must be in accordance with all applicable
schedules and tariffs on file with the Washington Utilities and Transportation Commission (or
such other regulatory agency having jurisdiction), and to the extent consistent with such schedules
and tariffs, must comply with City ordinances, rules, regulations, and design and construction
standards and will be subject to all applicable City permits.
Section 15. Recovery of Costs; Permit Fees.
15.1 As specifically provided by RCW 35.21.860, the City may not impose a franchise
fee or any other fee or charge of whatever nature or description upon PSE as a result of this
Franchise. However, as provided in RCW 35.21.860, the City may recover from PSE the actual
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administrative expenses incurred by the City that are directly related to: (i) receiving and approving
a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a
detailed statement pursuant to Chapter 43.21C RCW. With respect to its payment of such
administrative expenses, the City shall submit to PSE statements/billings which specify the
amounts due. PSE shall make payment to the City in reimbursement of such expenses within thirty
(30) calendar days of the receipt of such statements/billings. Failure by PSE to pay such amount
within such thirty (30) calendar day time period shall constitute a failure to comply with the
Franchise for the purposes of Section 16, Default, hereof. Additionally, the failure by PSE to
timely pay said amounts shall be grounds for the City to preclude the processing of any applications
and/or issuing permits until payment has been fully made. Furthermore, any late payment shall
also accrue interest computed at the rate of twelve percent (12%) per annum from the thirtieth day.
15.2 With respect to the payment of permit fees, PSE shall comply with all applicable
payment terms set forth in applicable codes, ordinances or permits of the City, including, without
limitation, any such terms relating to the schedule for payment and the City's right to withhold
permits or charge interest in connection with any payment default by PSE; provided, however, the
City shall accept payment of such permit fees directly from contractors of PSE that perform work
in the Franchise Area on behalf of PSE so long as PSE has notified the City in writing that the
contractor is authorized to do so on PSE' s behalf and PSE remains responsible for compliance
with the terms of the permit.
Section 16. Default.
16.1 If PSE shall fail to comply with the provisions of this Franchise, the City may serve
upon PSE a written order to so comply within thirty (30) calendar days from the date such order
is received by PSE. If PSE is not in compliance with this Franchise after the expiration of said
thirty (30) calendar day period, the City may, by ordinance, declare an immediate forfeiture of this
Franchise. The parties expressly acknowledge and agree, however, that the forgoing rights and
obligations of the parties are subject in all respects to excused performance based on a Force
Majeure Event (as defined in Section 21.14).
16.2 No provision of this Franchise shall be deemed to bar the right of either party to
seek or obtain judicial relief from a violation by the other party of any provision of this Franchise
or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of
other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or
otherwise limit the right of either party to recover monetary damages for such vi olations by the
other party, or to seek and obtain judicial enforcement of the other party's obligations by means of
specific performance, injunctive relief or mandate, or any other remedy at law or in equity.
Section 17. Nonexclusive Franchise.
17.1 This Franchise is not, and shall not be deemed to be, an exclusive Franchise. This
Franchise shall not in any manner prohibit the City from granting other and further franchises over,
upon, and along the Franchise Area that do not interfere with PSE's rights under this Franchise.
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This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the
jurisdiction of the City over the same or any part thereof.
Section 18. Franchise Term.
18.1 This Franchise is and shall remain in full force and effect for a period of
fifteen (15) years from and after the effective date of the Ordinance; provided, however, PSE shall
have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this
Franchise unless PSE shall, within sixty (60) calendar days after the effective date of the
Ordinance, file with the City its written acceptance of the Ordinance. It is further provided that
upon PSE' s request for an extension, this Franchise may be extended by the City, for one five (5)
year extension, provided that PSE is in full compliance with the terms and conditions of the
Franchise. In any such extension, the terms and conditions of this Franchise shall remain in full
force and effect, except as may be otherwise mutually agreed by the parties hereto.
18.2 Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally
renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise
automatically continues month to month until renewed or either party gives written notice at least
one-hundred eighty (180) calendar days in advance of intent not to renew the Franchise.
Section 19. Insurance; Bond.
19.1 PSE shall maintain the following liability insurance coverages, insuring both PSE
and the City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insured's against claims for injuries to persons
or damages to property which may arise from or in connection with the exercise of the rights,
privileges, and authority granted to PSE:
19.1.1 Commercial General Liability (CGL) insurance with limits not less
than five million dollars ($5,000,000) per occurrence for bodily injury or death, property
damage, and public liability.
19.1.2 Automobile liability for owned, non-owned and hired vehicles with
a Combined Single Limit of three million dollars ($3,000,000) for each accident.
19.1.3 Worker's compensation with statutory limits and employer's liability
insurance with limits of not less than one million dollars ($1,000,000).
19.2 The liability insurance described herein shall be maintained by PSE throughout the
term of this Franchise, and such other period of time during which PSE is operating its Facilities
within the Franchise Area without a franchise, or is engaged in the removal of its Facilities from
the Franchise Area. Payment of deductibles and self-insured retentions shall be the sole
responsibility of PSE. Coverage under this policy shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
The City shall be included as an additional insured under PSE' s Commercial General Liability
insurance policy. There shall be no exclusion arising out of liability from explosion, or collapse.
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PSE shall be the primary insured as respects the City, its officers, officials, employees, agents,
consultants, and volunteers. Any insurance maintained by the City, its officers, officials,
employees, consultants, agents, and volunteers shall be in excess of PSE' s insurance and shall not
contribute with it.
19.3 PSE shall provide the City with written notice of any policy cancellation within ten
(10) business days of their receipt of such notice. If the insurance is cancelled or materially altered
so as to be out of compliance with the requirements of this subsection within the term of this
Franchise, PSE shall provide evidence of a replacement policy. PSE agrees to maintain continuous
uninterrupted insurance coverage, in at least the amounts required for the duration of this Franchise
and, in the case of the Commercial General Liability, for at least three (3) years after expiration of
the term of this Franchise. Any lapse in the required insurance coverage shall be cause for
termination of this Franchise.
19.4 In lieu of the insurance requirements set forth in this Section 19, PSE may
self-insure against such risks in such amounts as are consistent with good utility practice. Upon
the City's request, PSE shall provide the City with reasonable written evidence that PSE is
maintaining such self-insurance.
19.5 Before undertaking any of the work authorized by this Franchise, PSE shall furnish
a bond executed by PSE and a corporate surety authorized to do surety business in the State of
Washington in an amount reasonably established by the City based on the nature and scope of the
work being performed (but not to exceed one-hundred thousand dollars ($100,000.00)) to ensure
the full and faithful performance by PSE of its obligations under this Franchise relating to its
construction, installation, maintenance, and/or removal of Facilities in the Franchise Area and for
restoration of the Franchise Area associated with such activities performed under this Franchise,
or to reimburse the City for its direct costs associated with such restoration or removal activities.
Such financial guarantee shall not be construed to limit PSE’s liability to the guarantee amount, or
otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or
in equity. The bond shall be conditioned so that PSE shall restore or replace any defective work
or materials discovered in the restoration of the Franchise Area discovered within a period of two
(2) years from the inspection date of any such restoration. PSE may meet the obligations of this
Section 19.5 with one or more bonds acceptable to the City. In the event that a bond issued
pursuant to this Section is canceled by the surety, after proper notice and pursuant to the terms of
said bond, PSE shall, prior to the expiration of said bond, procure a replacement bond which
complies with the terms of this Section.
19.5.1 The City reserves the right to require additional bonding from PSE
for PSE projects that have a restoration value for public infrastructure as determined by the
City that exceeds the amount of the bond specified in 19.5 above.
Section 20. Assignment.
20.1 PSE shall not assign or transfer its rights, benefits and privileges in and under this
Franchise without the prior written consent of the City, which consent shall not be unreasonably
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withheld or delayed. Prior to any assignment, the intended assignee shall, within
thirty (30) calendar days of the proposed date of any assignment, file written notice of the intended
assignment with the City together with its written acceptance of all terms and conditions of this
Franchise. Notwithstanding the foregoing, PSE shall have the right, without such notice or such
written consent, to mortgage its rights, benefits and privileges in and under this Franchise for the
benefit of bondholders.
Section 21. Miscellaneous.
21.1 If any term, provision, condition or portion of this Franchise shall be held to be
invalid, or is held to be inapplicable to any person or circumstance, such invalidity shall not affect
the validity of the remaining portions of this Franchise which shall continue in full force and effect,
and its application to other persons and circumstances shall not be affected. The headings of
sections and paragraphs of this Franchise are for convenience of reference only and are not
intended to restrict, affect or be of any weight in the interpretation or construction of the provisions
of such sections or paragraphs.
21.2 This Franchise may be amended only by written instrument, signed by both parties,
which specifically states that it is an amendment to this Franchise and is approved and executed in
accordance with the laws of the State of Washington. Without limiting the generality of the
foregoing, this Franchise (including, without limitation, Section 9 above) shall govern and
supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise
amended by any permit, approval, license, agreement or other document required by or obtained
from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights,
benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval,
license, agreement or other document specifically:
21.2.1 references this Franchise; and
21.2.2 states that it supersedes this Franchise to the extent it contains terms
and conditions that change, modify, delete, add to, supplement or otherwise amend the terms
and conditions of this Franchise.
In the event of any conflict or inconsistency between the provisions of this Franchise and the
provisions of any such permit, approval, license, agreement or other document, the provisions of
this Franchise shall control.
21.3 This Franchise is subject to the provisions of any applicable tariff on file with the
Washington Utilities and Transportation Commission or its successor. In the event of any conflict
or inconsistency between the provisions of this Franchise and such tariff, the provisions of such
tariff shall control, subject only to Section 22 with respect to any such tariff which is adopted after
the date of this Franchise.
21.4 In connection with its performance of work under this Franchise, PSE shall, during
the term of this Franchise, fully comply with all applicable equal employment or
non-discrimination provisions and requirements of federal, state and local laws.
Page 30 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 14 of 19
21.5 During the term of this Franchise, each party shall notify and keep the other party
apprised of its local address for the service of notices by mail. All notices and other
communications given or required to be given under this Franchise shall be sent postage prepaid
to such respective address and such notices shall be effective upon receipt. Any notice, order or
other communication regarding any default or breach of this Franchise, or any resulting
termination or revocation of this Franchise, must be sent under this Section 21.5 to the intended
recipient by certified mail. The City and PSE may change their respective addresses by written
notice to the other party at any time. As of the effective date of this Franchise:
PSE's notice address shall be:
Puget Sound Energy Inc.
6905 S 228th Street
Kent WA 98032
Attention: Municipal Liaison Manager
With a copy to:
Puget Sound Energy, Inc.
P.O. Box 90868
Bellevue, WA 98009-0868
Attention: General Counsel
The City's notice address shall be:
City of Auburn
Public Works
25 West Main Street
Auburn, WA 98001-4998
Attention: Public Works Director
21.6 During the term of this Franchise, PSE shall also provide the City (and maintain
current) a written list showing the names and telephone numbers of the specific dep artments and
(if applicable) individuals, including backup contacts if the first contact individual is not available
or otherwise not there, within PSE that may be contacted by the City to identify and address
problems and issues that arise under this Franchise. PSE shall ensure that the list includes contact
information for addressing emergency support and technical support issues (with emergency
support being available 24 hours per day), and shall ensure that the names and telephone numbers
appearing on the list in those areas have the expertise and authority (or access to the same) needed
to address the problem or issue promptly and effectively. PSE shall use all reasonable efforts to
respond to requests from the City promptly, to work diligently with the City in resolving any
problems or issues identified by the City, and to actively communicate with the City regarding
each problem or issue from the time it is first identified by the City until the time it is resolved .
PSE shall update the list as necessary (i.e., if changes in applicable contact individuals or contact
information is changed) to ensure that it remains current and shall give written notice of the change
to the City.
Page 31 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 15 of 19
21.7 PSE and the City shall, as reasonably requested by the other party from time to
time, discuss and coordinate their activities with respect to construction which may affect the
public rights of way in any manner in an effort to minimize public inconvenience, disruption or
damages.
21.8 This Franchise shall be binding upon the parties hereto and their permitted
successors and assigns.
21.9 Nothing herein shall be deemed to create a joint venture or principal -agent
relationship between the parties, and neither party is authorized to, nor shall either party, act toward
third persons or the public in any manner that would indicate any such relationship with the other.
21.10 The failure of either party at any time to require performance by the other party of
any provision hereof shall in no way affect the right of such party thereafter to enforce the same.
Nor shall the waiver by a party of any breach of any provision hereof by the other party be taken
or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision
itself or any other provision.
21.11 This Franchise shall be governed by and construed in accordance with the laws of
the State of Washington. The venue and jurisdiction over any dispute related to this Franchise
shall be with the King County Superior Court, Regional Justice Center, Kent, Washington (or, if
the Regional Justice Center is no longer in operation, such other local facility as is then operated
by the King County Superior Court).
21.12 If either party shall be required to bring any action to enforce any provision of this
Franchise, or shall be required to defend any action brought by the other party with respect to this
Franchise, and in the further event that one party shall prevail in such action, the other party shall,
in addition to all other payments required therein, pay all of the prevailing party's reasonable costs
in connection with such action, including such sums as the court or courts may adjudge reasonable
as attorney's fees in the trial court and in any appellate courts.
21.13 This Franchise represents the entire understanding and agreement between the
parties hereto with respect to the subject matter hereof and supersedes all prior oral negotiations
between the parties; provided, however, that nothing herein is intended to, or shall, alter, amend
or supersede in any way City of Auburn Ordinance Number 3581, adopted January 2, 1991, under
which the City Council granted a franchise to PSE's predecessor-in-interest, Washington Natural
Gas Company, to construct, maintain, repair, renew and operate a gas distribution system (the
"WNG Franchise"), and the WNG Franchise shall remain in full force and effect in accordance
with its terms.
21.14 In the event that either party is prevented or delayed in the performance of any of
its obligations under this Franchise by any event or circumstance beyond its reasonable control (a
"Force Majeure Event"), then that party's performance shall be excused during the Force Majeure
Event. Force Majeure Events shall include, without limitation, war; civil disturbance; flood,
earthquake or other Act of God; storm or other condition which necessitates the mobilization of
the personnel of a party or its contractors to restore utility service; laws, regulations, rules or orders
Page 32 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 16 of 19
of any governmental agency; sabotage; strikes or similar labor disputes involving personnel of a
party, its contractors or a third party; or any failure or delay in the performance by the other party,
or a third party who is not an employee, agent or contractor of the party claiming a Force Majeure
Event, in connection with this Franchise. Upon removal or termination of the Force Majeure
Event, the party claiming a Force Majeure Event shall promptly perform the affected obligations
in an orderly and expedited manner under this Franchise or procure a substitute for such obligation.
The parties shall use all commercially reasonable efforts to eliminate or minimize any delay caused
by a Force Majeure Event.
Section 22. Changes in Laws.
22.1 If, during the term of this Franchise, there becomes effective any change in federal
or state law (including, but not limited to, a change in any tariff filed by PSE with the Washington
Utilities & Transportation Commission) and such change:
22.1.1 specifically requires the City to enact a code or ordinance which
conflicts or is inconsistent with any provision of this Franchise; or
22.1.2 results in a PSE tariff which conflicts or is inconsistent with any
provision of this Franchise;
then, in such event, either party may, within ninety (90) calendar days of the effective date of such
change, notify the other party in writing that such party desires to commence negotiations to amend
this Franchise. Such negotiations shall only encompass the specific term or condition affected by
such change in federal or state law and neither party shall be obligated to reopen negotiations on
any other term or condition of this Franchise. Within thirty (30) calendar days from and after the
other party's receipt of written notice to so commence such negotiations, the parties shall, at a
mutually agreeable time and place, commence such negotiations. The parties shall thereafter
conduct such negotiations at reasonable times, in a reasonable manner, in good faith and with due
regard to all pertinent facts and circumstances; provided, however, that (a) in the event the parties
are unable, through negotiation, to reach mutual agreement upon terms and conditions of such
amendment, then either party may, by written notice to the other, demand that the parties seek to
arrive at such agreement through mediation or, if no such demand has previously been submitted,
terminate this Franchise upon not less than ninety (90) calendar days prior written notice to the
other party; and (b) pending such negotiations, mediation and/or termination, and except as to any
portion thereof which is in conflict or inconsistent with such change in federal or state law, the
Franchise shall remain in full force and effect. For purposes of this Section 22.1, the term
"mediation" shall mean mediation at the local offices of Judicial Arbitration and Mediation
Services, Inc. ("JAMS"), or, if JAMS shall cease to exist or cease to have a local office, mediation
at the local offices of a similar organization. The parties may agree on a jurist from the JAMS
panel. If they are unable to agree, JAMS will provide a list of the three available panel members
and each party may strike one. The remaining panel member will serve as the mediator.
Section 23. Severability.
Page 33 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 17 of 19
23.1 If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance.
Section 24. Ratification.
24.1 Any act of the City consistent with the authority granted by the City prior to the
effective date of this Ordinance is hereby ratified and affirmed by the City.
Section 25. Effective Date.
25.1 This Ordinance shall be effective on ______________, 20__, having been:
(i) introduced to the City Council not less than five days before its passage; (ii) first submitted to
the City Attorney on ______________, 20__; (iii) published at least five days prior to the
above-referenced effective date and as otherwise required by law; and (iv) passed at a regular
meeting of the legislative body of the City of Auburn by a vote of at least five members of the City
Council on ______________, 20__.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, Mayor
ATTEST:
APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Page 34 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 27, 2020
Page 18 of 19
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, Shawn Campbell the duly qualified City Clerk of the City of Auburn, a Non-charter Code
City, situated in the Counties of King and Pierce, State of Washington, certify that the foregoing
is a full, true and correct copy of Ordinance No. 6775 an ordinance of the City of Auburn, entitled:
ORDINANCE NO. 6775
AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, its
successors and assigns, the right, privilege, authority and franchise to set, erect, construct, support,
attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use
Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of
transmission, distribution and sale of electric energy for power, heat, light and any other purpose
for which electric energy can be used.
I further certify that said Ordinance No. 6775 was: (i) introduced on the _____ day of
__________, 20__; (ii) submitted to the City Attorney on _____ day of __________, 20 __;
(iii) published on the _____ day of __________, 20__, according to law; (iv) approved by a
majority of the entire legislative body of the City of Auburn, at a regular meeting on _____ day of
________, 20__; and (v) approved and signed by the Mayor of the Cit y of Auburn on the
_____ day of ________, 20__.
WITNESS my hand and official seal of the City of Auburn, this _____ day of __________,
20__.
Shawn Campbell, MMC, City Clerk
City of Auburn, State of Washington
Page 35 of 80
Ordinance No. 6775
Franchise Agreement No. FRN20-0002
May 6, 2020
Page 19 of 19
HONORABLE MAYOR AND CITY COUNCIL
CITY OF AUBURN, WASHINGTON
In the matter of the application
of Puget Sound Energy, Inc., a
Washington corporation, for a
franchise to construct, operate
and maintain facilities in, upon,
over under, along, across and
through the franchise area of the
City of Auburn, Washington
:
: Franchise Ordinance No. 6775
:
:
:
:
: ACCEPTANCE
:
WHEREAS, the City Council of the City of Auburn, Washington, has granted a franchise
to Puget Sound Energy, Inc., a Washington corporation, its successors and ass igns, by enacting
Ordinance No. 6775, bearing the date of _______, 20__; and
WHEREAS, a copy of the Ordinance granting the franchise was received by the Puget
Sound Energy, Inc. on _____ ____, 20__, from said City of Auburn, King County, Washington.
NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its
successors and assigns, accepts said Ordinance and all the terms and conditions of the Franchise,
and files this, its written acceptance, with the City of Auburn, King County, Washington.
Dated this _____ day of __________, 20__.
ATTEST: PUGET SOUND ENERGY, INC.
By:
Copy received for City of Auburn on
____________________, 20__
By:
City Clerk
Page 36 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5535 (Hinman)
Date:
July 22, 2020
Department:
Administration
Attachments:
RES 5535 - King County River Protection
Eas ement
River Protection Easement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Adoption of Resolution No. 5535 authorizing the Mayor to convey a river protection easement
to King County at no charge for the health, safety and welfare of the public
Background Summary:
King County has proposed to do revetment work along the Stuck River, more commonly
known as the White River for flood related purposes. This work will be done in the areas of
Game Farm Wilderness Park and Stuck River Drive SE.
Conveying of the River Protection Easement to King County provides the County with the
rights to enter upon, construct, repair and maintain work related to the river revetment. The
easement further provides King County the rights to stage equipment and/or construction
materials within the easement area while doing work on the revetment.
Staff recommends conveyance of the easement at no charge to King County. The
consideration being the health, safety and well-being of the public.
The County proposed work is being done under grading permit # GRA20-0013
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:August 3, 2020 Item Number:RES.A
Page 37 of 80
---------------------------
Resolution No. 5529
June 4, 2020
Page 1 of 2
RESOLUTION NO. 5 5 3 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO GRANT AN EASEMENT TO KING
COUNTY ACROSS A PORTION OF GAME FARM
WILDERNESS PARK FOR RIVER PROTECTION
PURPOSES
WHEREAS, the City of Auburn owns Game Farm and Game Farm Wilderness
Park (King County Parcel No. 292105-9069) which is located on either sides of the Stuck
River, or more commonly referred to as the White River; and
WHEREAS, King County has identified areas within the Game Farm Wilderness
Park that require the construction, reconstruction, repairing, monitoring, modifying and
other related flood related works on the shoreline of the White River; and
WHEREAS, King County is in need of an easement from The City of Auburn in
order to perform the flood related work; and
WHEREAS, City staff estimate that the monetary value of the easement being
requested by King County is greater than $25,000.00; and
WHEREAS, it is in the public’s best interest, health, safety and well-being that the
City of Auburn convey an easement across a portion of Game Farm Wilderness Park for
access and other flood related work at no charge to King County,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to convey a River Protection Easement to King
County for the purpose of flood related work, which easement shall be in substantial
conformity to that attached as Exhibit A.
Page 38 of 80
---------------------------
Resolution No. 5529
June 4, 2020
Page 2 of 2
Section 2. The Mayor is authorized to take any administrative or procedural
action necessary or appropriate to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2020.
CITY OF AUBURN
_________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Page 39 of 80
1
AFTER RECORDING RETURN TO:
King County Water and Lands Resources Division
Open Space Acquisitions
201 South Jackson Street, Suite 600
Seattle, WA 98104
RIVER PROTECTION EASEMENT
Grantor: City of Auburn, a Municipal corporation of the State of Washington
Grantee: King County, a political subdivision of the State of Washington
Legal Description (abbreviated): Lot 2, City of Auburn LLA-0012, Rec. No. 20051019900001
Assessor’s Tax Parcel ID#: portion of 292105-9069
For consideration of mutual benefits and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City of Auburn, the GRANTOR, owner in fee of
that certain parcel of land (the “Property”), legally described as follows:
Lot 2, as shown on City of Auburn Lot Line Adjustment No. LLA -0012, recorded on
October 19, 2005, under Recording Number 20051019900001, in King County,
Washington.
hereby grants to KING COUNTY, a political subdivision of the State of Washington , its successors
and assigns, agents and licensees (GRANTEE), a perpetual easement for the purposes of accessing
and constructing, inspecting, monitoring, reconstructing, maintaining, repairing, modifying, and
removing river bank protection and/or other flood related works, including related staging and
installing, inspecting, maintaining and removing all vegetation and any other appurtenances thereto
across, in, under, on, over and upon those portions of the above described Property described in
Exhibit “A” and further depicted in Exhibit “B” attached hereto (“Easement Area”), as long as no
activity by Grantee on the Property is in conflict or interferes with wither Grantor’s pedestrian trail
or Project CP 1603, as described in the contract documents on file with Grantor.
Grantee shall have the right at such time as may be necessary and at the Grantee’s sole discretion,
to enter upon the Property and to have unimpeded access to, in and through the Property for the
purposes accessing the Easement Area and exercising the Grantee’s rights as described herein.
Grantee acknowledges the location of a pedestrian trail, which is associated with Grantor’s
Wilderness Game Farm Park, within the Easement Area. Grantee will not construct any flood related
Page 40 of 80
2
works within the footprint of the pedestrian trail or otherwise interfere with the use of the trail
without the prior written approval of Grantor which Grantor may provide in its sole discretion.
Grantee also acknowledges Grantor project CP1603, the approximate location of which is depicted
in Exhibit C, and that construction, maintenance, modifications and alterations for this project may
have impacts on the river bank protection and flood related work of the Grantee. Grantor will work
with Grantee to minimize and restore impacts to Grantee’s river bank protection and flood related
work where reasonable, but Grantor reserves the full rights and authority to perform any and all
work necessary related to CP1603.
Unless related to project CP 1603 or the pedestrian trail, Grantor agrees not to, without prior
approval from Grantee, 1) plant non-native vegetation; 2) remove or otherwise alter any
improvements installed by Grantee, including any native vegetation that may be planted and any
flood protection works that may be constructed; and 3) undertake any activity or practice that
interfere with the efficacy and design of flood protection works or other infrastructure installed by
Grantee. Nothing contained herein shall be construed as granting any license, permit or right,
otherwise required by law, to Grantor or Grantee with respect to the Property and the Easement
Area.
For the purposes of this river protection easement, the term “native vegetation” shall mean
vegetation comprised of plant species, other than noxious weeds (as identified on the State of
Washington noxious weed list found at Washington Administrative Code Chapter 16-750, as
amended from time to time), which are indigenous to the coastal region of the Pacific Northwest
and which reasonably could have been expected to naturally occur at the site.
If Grantee disturbs, damages or destroys any portion of the Property or any of the landscaping or
improvements located therein during its exercise of its rights or the performance of its obligations
under this River Protection Easement, Grantees shall, at their sole cost, promptly restore the same
as nearly as possible to the condition it was in immediately before the disturbance, damage or
destruction. However, Grantee’s restoration obligations set forth in this paragraph shall not apply
within the physical footprint of any flood protection works or other improvements installed by
Grantee.
Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or other action related
to the above-described exercise of easement rights.
This river protection easement and/or any flood related works constructed or to be constructed
within the Easement Area shall not be construed as granting any rights to any third person or entity,
or as a guarantee of any protection from flooding or flood damage, and nothing contained herein
shall be construed as waiving any immunity to liability granted to Grantee by any state statute,
including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as otherwise granted or
provided for by law.
Grantor and Grantee shall defend, indemnify and hold the other harmless from and against any claims,
suits, causes of action, judgments, damage, loss or liability for injuries to persons or property (excluding
consequential damages such as lost profits) (collectively, “Claims”) to the extent caused by the
Page 41 of 80
3
negligent acts or omissions of the Grantor or Grantee, and their respective agents, officers, invitees and
employees. Where such Claims result from the concurrent negligence of the parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each party’s
negligence. In the event that any of the parties incurs any judgment, award, and/or cost arising
therefrom, including attorney fees, expenses, and costs shall be recoverable from the responsible
party to the extent of that party’s negligence. Each of the parties a grees that its obligations under
this indemnity extend to any claim, demand, cause of action and judgment brought by, or on behalf
of, any of its employees or agents. For this purpose, each of the parties, by mutual negotiation,
hereby waives, with respect to each of the other party’s only, any immunity that would otherwise
be available against such claims under the industrial insurance provisions of Title 51 RCW.
The scope of the foregoing indemnity does not apply to any acts or omissions related to, or arising
from, the improvement, protection, regulation and control for flood prevention and navigation
purposes of any river or its tributaries and the beds, banks and waters thereof. Nothing contained
in this indemnity shall be construed as waiving any immunity to liability provided to Grantee by
any state statute, including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as
otherwise granted or provided for by law.
The rights, conditions, and provisions of this easement shall inure to the benefit of and be binding
upon the heirs, executors, administrators, and successors in interest and assigns of Grantor and
Grantee.
WITNESSETH that, the parties have hereunto set their hand and seals.
DATED this _____ day of _____________________, 2020.
GRANTOR: City of Auburn, a Municipal corporation
of the State of Washington.
BY: _________________________________
Name: __________________________
Title: __________________________
GRANTEE: King County, a political subdivision
of the State of Washington.
BY: ________________________________________
Department of Natural Resources & Parks
Name: ___________________________
Title: ____________________________
Page 42 of 80
4
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________________ is the
person who appeared before me, and said person acknowledged that __he signed this instrument,
on oath stated that __he is authorized to execute the instrument and acknowledged it as the
____________________of ___________________ to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated: _____________________
______________________________
______________________________
Printed name
Notary Public in and for the
State of Washington
Residing at __________________
My appointment expires _______
Page 43 of 80
5
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ____________________________ is the
person who appeared before me, and said person acknowledged that __he signed this instrument,
on oath stated that __he is authorized to execute the instrument and acknowledged it as the
________________________________________________ of the Department of Natural
Resources and Parks of King County to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated: _____________________
______________________________
______________________________
Printed name
Notary Public in and for the
State of Washington
Residing at __________________________
My appointment expires _______
Page 44 of 80
Project: 292105-9069 River Bank Protection Easement
Tax Parcel No. 292105-9069
Owner: City of Auburn PARCEL DESCRIPTION:
Lot 2, as shown on City of Auburn Lot Line Adjustment No. LLA-0012, recorded on October 19, 2005,
under
Recording Number 20051019900001, in King County, Washington.
30 FOOT RIVER BANK PROTECTION EASEMENT:
That portion of Lot 2, City of Auburn Lot Line Adjustment LLA05-0012, Recorded under Recording
Number 20051019900001, Records of King County, Washington, lying within a strip of land 30.00 feet
offset southeasterly of and parallel with the following described northwesterly easement boundary line
defined as follows:
Commencing at the northwest corner of Government Lot 11, Section 29, Township 21N, Range SE, WM,
from which the west quarter corner of said Section 29 bears S 01 °19' 49" W, a distance of 1327.17 feet,
also from which the northwest corner of said Section 29 bears N 01°19'31" E, a distance of 1327.01 feet;
Thence S 88°45'35" E, a distance of 2613.70 feet along the north line of Government Lots 11, 5, and 6 all
within said Section 29 to the northeast corner of said Lot 6;
Thence S 88°50'08" E, a distance of 1072.14 feet along the north line of Government Lots 7 and 9 within
said Section 29 to a point on the top of the left bank levee of the White River, said point being the True
Point of Beginning of the herein described northwesterly easement boundary line;
Thence southwesterly along said northwesterly easement boundary line through the following
described courses:
Thence S 61 ° 27' 25" W, a distance of 95.73 feet;
Thence S 59° 51' 42" W, a distance of 326.67 feet;
Thence S 67° 06' 42" W, a distance of 107.89 feet;
Thence S 60 ° 03' 47" W, a distance of 216.95 feet;
Thence S 55 ° 43' 41" W, a distance of 109.83 feet;
Thence S 64° 14' 55" W, a distance of 106.87 feet;
Thence S 59° 14' 07" W, a distance of 112.00 feet;
Thence S 40 ° 43' 25" W, a distance of 57.73 feet;
Thence S 59° 30' 57" W, a distance of 36.63 feet;
Thence S 22° 42' 02" W, a distance of 94.08 feet;
Thence S 33° 10' 35" W, a distance of 201.06 feet;
Thence S 25° 06' SO" W, a distance of 126.40 feet;
Thence S 18 ° 49' 09" E, a distance of 8.94 feet;
Thence S 19° 13' 17" W, a distance of 69.98 feet;
Thence S 29° 56' 09" W, a distance of 85.30 feet;
Thence S 12° 31' 49" W, a distance of 65.19 feet to a point hereinafter referred to as Point "A";
Thence S 61 ° 54' 59" E, a distance of 36.47 feet;
EXHIBIT A
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8
EXHIBIT B
MAP OF EASEMENT AREA
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9
EXHIBIT C
APPROXIMATE LOCATION OF CP1603
Page 55 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5539 (O'Neil)
Date:
July 29, 2020
Department:
Police
Attachments:
Res olution No. 5539
Ammended and Restated Interlocal Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5539
Background Summary:
The Puget Sound Auto Theft Task Force (PSATT)is a multi-jurisdictional team of detectives
who focus on the investigation and recovery of stolen vehicles. The task force includes
detectives from area municipalities as well as a cadre of Washington State Patrol Detectives.
PSATT is funded by grants from the Washington Auto Theft Prevention Authority (WATPA).
Departments are not required to supply a detective upon this agreement, the Auburn Police
Department will only supply a detective to this position when staffing and operational needs
are aligned.
This Amended and Restated Interlocal Cooperative Agreement ("Agreement") amends and
restates the Interlocal Cooperative Agreement between the Washington State Patrol, Pierce
County Sheriff’s Office, King County Prosecutor’s Office, and the Municipalities of Auburn,
Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila for the Creation of the Puget
Sound Auto Theft-Task Force, effective January 25, 2018, to add the Municipalities of
Puyallup, Redmond, and the Port of Seattle to the Agreement.
Rev iewed by Council Committees:
Councilmember:Staff:O'Neil
Meeting Date:August 3, 2020 Item Number:RES.B
Page 56 of 80
------------------------------
Resolution No. 5539
January 25, 2018
Page 1 of 2
RESOLUTION NO. 5539
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE AMENDED AND RESTATED INTERLOCAL
COOPERATIVE AGREEMENT BETWEEN THE
WASHINGTON STATE PATROL, PIERCE COUNTY
SHERIFF’S OFFICE, KING COUNTY
PROSECUTOR’S OFFICE, AND THE
MUNICIPALITIES OF AUBURN, BONNEY LAKE,
FEDERAL WAY, LAKEWOOD, TACOMA, AND
TUKWILA FOR THE CREATION OF THE PUGET
SOUND AUTO THEFT TASK-FORCE
WHEREAS, the City of Auburn, Washington, has been working with other
jurisdictions in the Puget Sound area to address significant problems with auto
theft; and
WHEREAS, in connection with auto theft enforcement, the City of Auburn
joined with its neighboring jurisdictions in establishing a Puget Sound Auto Theft
Task-Force; and
WHEREAS, it is appropriate, for the continued efficacy of this task force, to
renew the Interlocal Cooperative Agreement between the member jurisdictions,
identifying operational parameters and responsibilities applicable thereto.
. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Adoption of Recommendations. The City Council
hereby approves and adopts the Interlocal Cooperative Agreement between the
Washington State Patrol, Pierce County Sheriff’s Office, King County Prosecutor’s
Office, and the municipalities of Auburn, Bonney Lake, Federal Way, Lakewood,
Tacoma, and Tukwila in substantial conformity with the Interlocal Cooperative
Page 57 of 80
------------------------------
Resolution No. 5539
January 25, 2018
Page 2 of 2
Agreement appended hereto, marked as Exhibit “A” , Incorporated herein by this
reference.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation, including extensions and renewals of the Interlocal
Cooperative Agreement.
Section 3. Effective date. This Resolution shall take effect and be
in force upon passage and signatures hereon.
DATED and SIGNED this _______ day of _______________, 2020.
CITY OF AUBURN
__________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 58 of 80
1 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
AMENDED AND RESTATED INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF’S OFFICE, KING
COUNTY PROSECUTOR’S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY
LAKE, FEDERAL WAY, LAKEWOOD, PUYALLUP, REDMOND, TACOMA, TUKWILA, AND
THE PORT OF SEATTLE FOR THE CREATION AND MAINTENANCE OF THE PUGET
SOUND AUTO THEFT TASK-FORCE.
This Amended and Restated Interlocal Cooperative Agreement (“Agreement”) amends and restates the
Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff’s Office,
King County Prosecutor’s Office, and the Municipalities of Auburn, Bonney Lake, Federal Way,
Lakewood, Tacoma, and Tukwila for the Creation of the Puget Sound Auto Theft-Task Force, effective
January 25, 2018, to add the Municipalities of Puyallup, Redmond, and the Port of Seattle to the
Agreement.
I. PARTIES
The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff’s
Office, King County Prosecutor’s Office, and the Municipalities of Auburn, Bonney Lake,
Federal Way, Lakewood, Puyallup, Redmond, Tacoma, Tukwila, and the Port of Seattle, each of
which is a state, county, or municipal corporation operating under the laws of the State of
Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of
Washington.
III. PURPOSE
The parties to this Agreement wish to establish and maintain a multi-jurisdictional team to
effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to
replace previously executed interlocal agreements that were established for the ACE and P.A.T.R.O.L.
Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any
previously executed interlocal agreements by the parties to provide backup law enforcement
services. This team shall be referred to as the Puget Sound Auto Theft Task-Force. The parties do
not intend to create through, this agreement, a separate legal entity subject to suit.
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2 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
IV. FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the Puget Sound
Auto Theft Task-Force, by the parties (hereafter referred to as participating jurisdictions) to this
Agreement.
V. STATEMENT OF PROBLEM
The Washington State Legislature has recognized that automobiles are an essential part of our
everyday lives. The family car is typically the second largest investment a person owns, the theft of
which causes a significant loss and inconvenience to people, imposes financial hardship, and
negatively impacts their work, school, and personal activities. Appropriate, meaningful, and
proportionate penalties should be imposed on those who steal motor vehicles.
King County, Pierce County, and the municipalities therein have experienced an increase in
urbanization and population densities resulting in an increase in crime associated with auto theft. This
has stretched the resources of individual police department investigative units.
Historically, law enforcement efforts focused on auto theft have been predominately conducted by
agencies working independently. A multi-jurisdictional effort to handle auto theft investigations has
many benefits, including: the more effective use of personnel, improved utilization of funds, reduced
duplication of equipment, improved training, development of specialized expertise, and improved
information sharing. This results in improved services for all participating jurisdictions and increased
safety for the communities they serve through improved auto theft prosecution.
VI. TASK FORCE OBJ ECTIVES
The assigned personnel from each participating jurisdiction will form the Puget Sound Auto Theft
Task-Force, which will serve the combined service areas of all the participating jurisdictions. The Task
Force may also provide assistance to other law enforcement agencies that are not participating
jurisdictions pursuant to chapter 10.93 RCW.
The Task Force’s objective is to provide enhanced and more efficient use of personnel,
equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or
organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Force
Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law
enforcement agencies pursuant to chapter 10.93 RCW.
VII. DURATION AND TERM INATION
The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with
the Washington Auto Theft Prevention Authority (WATPA) grant period. This Agreement shall
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3 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding
through the WATPA grant process.
A participating jurisdiction may withdraw from this agreement by providing thirty (30) days’
written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction’s
withdrawal prior to the WATPA grant’s expiration will be ineligible for related grant funds beyond
reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction’s
withdrawal.
A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur
only when the Department Head, or his or her designee, of each participating jurisdiction was given
reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice
that a vote to terminate the Task Force would be coming before the Board at the meeting.
The participating jurisdictions may completely terminate this agreement by mutual agreement in
writing.
Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations
described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any
incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII
shall survive the termination of this Agreement with respect to any cause of action, claim or liability
arising on or prior to the date of termination.
VIII. GOVERNANCE
The City of Federal Way, through its Police Department, shall serve as the Lead
Administrative Agency for purposes of this Agreement. The other participating agencies are sub-
recipients. The Lead Administrative Agency shall be responsible for establishing proper
accounting procedures, an audit-trail, and the collection and provision of required reports and
statistics. Sub-recipients shall submit to the Lead Administrative Agency all bills for
reimbursement to ensure that those bills comply with grant policies and regulations prior to the
Lead Agency submitting all reimbursements together to WATPA for payment.
The Task Force shall be governed b y an Executive Board (“Board”) composed of one member
from each participating jurisdiction that has at least one full-time employee assigned to the Task Force
(“Board Member”). Each Department Head shall have an equal vote and voice on all Board decisions.
All Board decisions shall be made by a majority vote of the Board Members, or their designees,
appearing at the meeting where the decision is made. A quorum of the Board must be present for any
vote to be valid. A presiding officer shall be elected by the Board together with such other officers as a
majority of the Board may deem appropriate.
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4 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
The Board shall meet quarterly, unless otherwise determined by the Board. Any Board Member
may call extra meetings as appropriate. The presiding officer shall provide no less than forty-eight (48)
hours’ notice of all meetings to all members of the Board; PROVIDED, however, that in emergency
situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board
Members to resolve any issues related to such emergency.
The Board may, at its discretion, adopt policies, regulations, and operational procedures that
shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and
operational procedures shall apply to all operations. Officers assigned to the Task Force remain
employees of their employing agency and are subject to the policies of their employing agency. To the
extent that the written policies, regulations, and operational procedures of the Task Force conflict
with the written policies, regulations, and operational procedures of the individual jurisdictions,
the Task Force members will adhere to the written policies, regulations, and procedures of their
employing agency.
IX. COMMAN D AN D CONTROL
In the event of a mobilizing incident, the primarily responsible agency will be the agency in
whose jurisdiction the incident has occurred. The primarily responsible agency shall appoint a
command level officer to serve as Incident Commander to be the officer in charge of the local event.
The Incident Commander retains full authority and control throughout the incident and shall make any
decision as to the resolution of the incident.
X. T A S K F O R C E STAFF
Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the
pleasure of the Board. The Board shall have authority to determine which participating jurisdictions
will contribute staff and shall have authority to approve of staff assigned by a party. The Board may
change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its
ability, determine which participating jurisdictions may provide staff for the various positions during
the previous year’s budget cycle. A staff member of the Task Force may be removed from his or her
position for any reason by majority vote of the Board or by the chief/sheriff of his or her employing
jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction
at all times during their service on the Task Force.
Commander: A Task Force Commander, with the rank of Commander or Captain (or
command level equivalent) from his/her employing jurisdiction shall be appointed by the Board.
The Commander shall act as the principal liaison between the Board and Task Force staff. The
Commander shall operate under the direction of the presiding officer of the Board. The
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5 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
Commander shall be responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, and challenges of the Task Force.
The Commander shall prepare monthly written reports to the Board on the actions, progress, and
finances of the Task Force. The Commander shall be responsible for presenting any policies,
regulations, and operational procedures and revisions for Board review and approval.
Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant
or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded
by WATPA and appointed by the Board, and one (1) non-WATPA-funded supervisor positions will
be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level
supervisors for the Task Force and shall report directly to the Commander.
Task Force Detective: The Task Force shall have seven (7) WATPA-funded detectives assigned
from participating jurisdictions that are appointed by the Board and four (4) non-WATPA-funded
detectives provided by WSP.
Crime Analyst: The Task Force shall have one (1) WATPA-funded crime analyst provided by
one of the participating jurisdictions.
Prosecutor: The Task Force shall have one (1) prosecuting attorney provided by the King
County Prosecutor’s Office to provide direct access to legal support for improved communication and
prosecution of auto theft cases investigated by the Task Force.
Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered
employees of the employing jurisdiction, which shall be solely and exclusively responsible for that
employee. All rights, duties and obligations of the employer shall remain with the employing
jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any
applicable collective bargaining agreements or civil service rules and regulations.
XI. EQUIPMENT, TRAINING, AND BUDGET
Equipment, training, and eligible expenses will be paid by the Task Force as provided in the
WATPA grant through the Lead Administrative Agency’s finance department. A participating
jurisdiction that incurs expenses not provided in the WATPA grant is responsible for those
expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a
monthly expenditure invoice to the Lead Administrative Agency’s finance department
documenting those expenses that are eligible for reimbursement through the WATPA grant.
Each participating jurisdiction will provide a vehicle for each full-time Employee assigned
by that participating jurisdiction to the Puget Sound Auto Theft Task-Force. The participating
jurisdiction is responsible for maintenance of vehicles provided to its employees assigned to the
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6 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
Task Force.
XII. OVERTIME
Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task
Force supervisor must pre-approve overtime expenditures. Overtime is eligible for reimbursement
only if: (1) a Task Force supervisor authorized the overtime; (2) the overt ime activity is specifically
related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted
overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto
Theft Task-Force or WATPA. For this reason, available funds for reimbursement will be distributed
according to the applicable provisions of the Task Force Policy Manual until those funds are
depleted. The Task Force Policy Manual is a document that will describe the operational procedures
for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force
staff member shall be the responsibility of the employing jurisdiction.
XIII. REIMB URSEMENT OF FUNDS
Participating jurisdictions requesting reimbursement for approved expenditures must submit
appropriate invoices and itemized receipts monthly, and no more frequently than once each month,
for actual expenses. Each reimbursement request must contain a completed reimbursement request
expenditure form. Reimbursements will be made for actual expenses based upon the available
budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible
for timely submittal of billing documentation and data reporting to the Lead Administrative Agency.
Expenditures made prior to the award date or after the grant expiration date are not authorized and
will not be reimbursed.
WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as
outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel
expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of
timesheets are required for overtime reimbursement. Reimbursement will be made only up to the
amount of the limit of the award as indicated in the WATPA grant award. Any cost above and
beyond the award limit will be the responsibility of the employing jurisdiction.
XIV. RECORDS
Each party shall maintain records related to the Puget Sound Auto Theft Task-Force in
conformance with the Washington State Secretary of State’s records retention schedule or the
participating jurisdiction’s unique records retention schedule (so long as such unique retention
schedule meets or exceeds the requirements of state law). All records kept by a participating
jurisdiction shall be available for full inspection and copying by any other participating jurisdiction.
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7 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
Records related to the Puget Sound Auto Theft Task-Force include but are not limited to bi-annual
WATPA reporting, invoices, and requests for reimbursement along with supporting documentation.
Any party that receives a Public Records Act request for records related to the Puget Sound
Auto Theft Task-Force shall notify within two business-days every other participating jurisdiction to
this Agreement of the request. All participating jurisdictions will search their records to locate and
produce responsive documents.
Criminal investigation reports generated by the Puget Sound Auto Theft Task-Force will be
maintained in the records systems of the employing jurisdiction of the primary Task Force staff
member who created the report. The primary investigator of an incident or case may include in his or
her report supplemental reports that are also filed with another agency by Task Force members.
XV. POLITICAL ACTI VITI ES PROHIBITED
No government funds, including WATPA award funds, may be used for or against ballot
measures or the candidacy of any person for public office.
XVI. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task-
Force with grant funds shall be distributed by the Board upon a majority vote of all Board members
or their designees.
XVII. PRESS RELEASES
All press releases related to Puget Sound Auto Theft Task-Force activity must be authorized by
the Task Force Commander , who will coordinate the press release with the police agencies in
whose jurisdictions the incident has taken place. In the event that a press release is associated with a
public service announcement or public outreach efforts, the Task Force Commander will coordinate
the press release with the Board.
XVIII. LIABILITY AND INDEMNIFICATION
The Task Force staff assigned by the employing jurisdiction shall continue under the
employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out
of or related to the services provided to the Task Force or the activities of the Task Force. Each
participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating
jurisdictions in the Task Force in any action arising from the negligence of the employees of that
jurisdiction including all costs of defense including attorney’s fees.
A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to
collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction
does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney
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8 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
fees accrued for its individual representation or defense. The jurisdictions and their respective
defense counsel shall make a good faith attempt to cooperate with other participating
jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested
and making Task Force members available for depositions, discovery, settlement conferences,
strategy meetings, and trial.
B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the
commercial insurance market, an insurance pool, self-insurance, or a combination thereof. The
failure of any insurance carrier or self-insured pooling organization to agree to or follow the
terms of this Agreement shall not relieve any participating jurisdiction from its obligations under
this Agreement.
XIX. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction
shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation,
including the claim or legal complaints, shall be provided to each participating jurisdiction within ten
(10) days.
XX. PRE-CLAIM FILING REQUIREMENTS
Section XIX of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify
the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to
the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating
jurisdiction of the requirements set forth in Chapters 4.92 and 4.96 RCW, and the fact that a
participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be
deemed compliance with the requirement that a party who files suit against a jurisdiction first file a
claim with the jurisdiction in accordance with Chapters 4.92 and 4.96 RCW. Moreover, nothing in
this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating
jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate
service of such lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised
Code of Washington.
XXI. WRITTEN CONSENT TO EN FORCE TRAFFIC AN D CRIM INAL LAWS
Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of
each sheriff or police chief of each participating jurisdiction to permit the officers of any participating
jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the
purpose of this Agreement.
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9 | P a g e PUGET SOUND AUTO THEFT TASK -FORCE INTERLOCAL AGREEMENT
XXII. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all parties and such
alteration, amendment, or modification shall be effective when reduced to writing and executed in a
manner consistent with this section.
XXIII. FILING
Upon execution, this Agreement shall be filed with the city clerks of the respective participating
municipalities and such other governmental agencies as may be required by law, and each jurisdiction
shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website.
XXIV. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court
of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,
part, or provision of this Agreement.
XXV. AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its
duly authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction. This Agreement shall be deemed effective
upon the last date of execution by the last so authorized representative, and upon a
successful grant award by WATPA for the July 2019 through June 2021 WATPA grant cycle.
This Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this agreement
on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of
the Agreement.
[Signature Pages Follow]
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10 | P a g e PUGET SOUND AUTO THEFT TASK-FORCE
INTERLOCAL AGREEMENT
Nancy Backus Date Date
Mayor, City of Auburn City Attorney, City of Auburn
Date
City Clerk, City of Auburn
Neil Johnson Date Date
Mayor, City of Bonney Lake City Attorney, City of Bonney Lake
Woody Edvalson Date
City Clerk, City of Bonney Lake
Jim Ferrell Date J. Ryan Call Date
Mayor, City of Federal Way City Attorney, City of Federal Way
Stephanie Courtney Date
City Clerk, City of Federal Way
Mike Zaro Date Heidi Wachter Date
Chief of Police, City of Lakewood City Attorney, City of Lakewood
Alice Bush Date
City Clerk, City of Lakewood
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11 | P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT
John Palmer Date Joseph Beck Date
Mayor, City of Puyallup City Attorney, City of Puyallup
Mary Winter Date
City Clerk, City of Puyallup
John Marchione Date __________________________ Date
Mayor, City of Redmond City Attorney, City of Redmond
Michelle Hart Date
City Clerk, City of Redmond
Elizabeth Pauli Date Date
City Manager, City of Tacoma City Attorney, City of Tacoma
Doris Sorum Date
City Clerk, City of Tacoma
Allan Ekberg Date Rachel Turpin Date
Mayor, City of Tukwila City Attorney, City of Tukwila
Christy O’Flaherty Date
City Clerk, City of Tukwila
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12 | P a g e PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT
Paul Pastor Date Date
Sheriff, Pierce County Clerk, Pierce County
John R. Batiste Date
Chief, Washington State Patrol
______________________________________
Daniel T. Satterberg Date
Prosecutor, King County Prosecutor’s Office
Steve Metruck Date Traci Goodwin Date
Executive Director, Port of Seattle Sr. Port Counsel
Page 70 of 80
Page 71 of 80
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No.5540 (O'Neil)
Date:
July 29, 2020
Department:
Police
Attachments:
Res olution No. 5540
Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Adopt Resolution No. 5540
Background Summary:
The King County Sheriff’s Office (KCSO) seeks Auburn Police Department (APD) assistance
in verifying address and residency requirements for registered sex offenders within Auburn.
APD is willing to furnish this assistance, and may incur additional personnel and related
expenses in doing so. KCSO is willing to reimburse APD for its additional expenses in
providing the assistance through claim reimbursement procedures outlined in the attached
Cost Reimbursement Agreement.
Rev iewed by Council Committees:
Councilmember:Staff:O'Neil
Meeting Date:August 3, 2020 Item Number:RES.C
Page 72 of 80
--------------------------------
Resolution No. 5540
June 9, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE CHIEF OF
POLICE TO ENTER AN INTERLOCAL AGREEMENT WITH
THE KING COUNTY SHERIFF’S OFFICE
WHEREAS, RCW 9A.44.130(1) requires King County residents convicted of sex
and/or kidnapping offenses (RSOs) to register their address with the King County Sheriff’s
Office (KCSO);
WHEREAS, the KCSO seeks the assistance of the Auburn Police Department
(APD) in making direct contact with Auburn RSOs to verify their addresses and
residencies and to ensure their compliance with RCW 9A.44.130(1).
WHEREAS, APD desires to provide such assistance to improve public safety
within Auburn and throughout the greater King County area;
WHEREAS, in undertaking this assistance, APD may expend costs to include
personnel overtime costs and related expenses;
WHEREAS, KCSO is willing to reimburse APD for such costs, and has established
procedures and parameters to do so within the Cost Reimbursement Agreement attached
as Exhibit A to this resolution;
WHEREAS, RCW 39.34.030(2) and ACC 3.10.020 require a resolution of Council
to make the Agreement attached as Exhibit A effective between the parties;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Chief of Police is authorized to sign the Cost Reimbursement
Agreement attached as Exhibit A to this Resolution;
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--------------------------------
Resolution No. 5540
June 9, 2020
Page 2 of 2 Rev. 2019
Section 2. The Chief of Police is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: August 3, 2020
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 74 of 80
Cost Reimbursement Agreement
Executed By
King County Sheriff’s Office, a department of
King County, hereinafter referred to as “KCSO,”
Department Authorized Representative:
Mitzi Johanknecht, Sheriff
King County Sheriff’s Office
W-150 King County Courthouse
516 Third Avenue
Seattle, WA 98104
and
Auburn Police Department, a department of the City of Auburn, hereinafter referred to as
“”Contractor,”
Department Authorized Representative:
Daniel O’Neil, Chief of Police
340 E. Main Street
Suite 201
Auburn, WA 98002
WHEREAS, KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders; and
WHEREAS, the goal of registered sex and kidnapping offender address and residency
verification is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods; and
WHEREAS, as part of this coordinated effort, Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction, and
WHEREAS, KCSO is the recipient of a Washington State Registered Sex and
Kidnapping Offender Address and Residency Verification Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose, and
WHEREAS, KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE, the parties hereto agree as follows:
Page 75 of 80
Cost Reimbursement Agreement
Page 2 of 6 July 30, 2020
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Verification Program funding to reimburse for expenditures associated
with the Contractor for the verification of registered sex and kidnapping offender address
and residency as set forth below. This Interagency Agreement contains eleven (11)
Articles:
ARTICLE I. TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1, 2020
and shall end on June 30, 2021 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE II. DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing the Contractor for participation in
the Registered Sex and Kidnapping Offender Address and Residency Verification
Program. The program’s purpose is to verify the address and residency of all
registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to-face verification of a registered sex
and kidnapping offender’s address at the place of residency. In the case of
• level I offenders, once every twelve months.
• of level II offenders, once every six months.
• of level III offenders, once every three months.
For the purposes of this program unclassified offenders and kidnapping offenders
shall be considered at risk level I, unless in the opinion of the local jurisdiction a
higher classification is in the interest of public safety.
ARTICLE III. REPORTING
Two reports are required in order to receive reimbursement for grant-related
expenditures. Both forms are included as exhibits to this agreement. “Exhibit A” is
the Offender Watch generated “Registered Sex Offender Verification Request (WA)”
that the sex or kidnapping offender completes and signs during a face-to-face contact.
“Exhibit B” is an “Officer Contact Worksheet” completed in full by an
officer/detective during each verification contact. Both exhibits representing each
contact are due quarterly and must be complete and received before reimbursement
can be made following the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter. The first report is due October 5, 2020.
Quarterly progress reports shall be delivered to
Attn: Tina Keller, Project Manager
King County Sheriff’s Office
500 Fourth Avenue, Suite 200
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Cost Reimbursement Agreement
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M/S ADM-SO-0200
Seattle, WA 98104
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
ARTICLE IV. REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and shall be forwarded
to KCSO by the 10th of the month following the billing period.
Please note the following terms will be adhered to for the 2020-2021 Registered Sex
Offender Address Verification Program:
• Any agency not meeting at least 90% of required verifications will not receive
that quarter’s grant payment.
• Any agency not using Offender Watch to track verifications will not receive
that quarter’s grant payment.
Overtime reimbursements for personnel assigned to the Registered Sex and
Kidnapping Offender Address and Residency Verification Program will be calculated
at the usual rate for which the individual’s’ time would be compensated in the
absence of this agreement.
Each request for reimbursement will include the name, rank, overtime compensation
rate, number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought. Each reimbursement request must be
accompanied by a certification signed by an appropriate supervisor of the department
that the request has been personally reviewed, that the information described in the
request is accurate, and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Verification Program.
Overtime and all other expenditures under this Agreement are restricted to the
following criteria:
1. For the purpose of verifying the address and residency of registered sex
and kidnapping offenders; and
2. For the goal of improving public safety by establishing a greater presence
and emphasis in King County neighborhoods; and
3. For increasing immediate and direct contact with registered sex and
kidnapping offenders in their jurisdiction
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Cost Reimbursement Agreement
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Any non-overtime related expenditures must be pre-approved by KCSO. Your
request for pre-approval must include: 1) The item you would like to purchase,
2) The purpose of the item, 3) The cost of the item you would like to purchase. You
may send this request for pre-approval in email format. Requests for reimbursement
from KCSO for the above non-overtime expenditures must be accompanied by a
spreadsheet detailing the expenditures as well as a vendor’s invoice and a packing
slip. The packing slip must be signed by an authorized representative of the
Contractor.
All costs must be included in the request for reimbursement and be within the overall
contract amount. Over expenditures for any reason, including additional cost of sales
tax, shipping, or installation, will be the responsibility of the Contractor.
Requests for reimbursement must be sent to
Attn: Tina Keller, Project Manager
King County Sheriff’s Office
500 Fourth Avenue, Suite 200
Seattle, WA 98104
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Eighteen Thousand Six Hundred Ninety One Dollars and Forty Eight Cents
($18,691.48). Expenditures exceeding the maximum amount shall be the
responsibility of Contractor. All requests for reimbursement must be received by
KCSO by July 31, 2021 to be payable.
ARTICLE V. WITNESS STATEMENTS
"Exhibit C” is a “Sex/Kidnapping Offender Address and Residency Verification
Program Witness Statement Form.” This form is to be completed by any witnesses
encountered during a contact when the offender is suspected of not living at the
registered address and there is a resulting felony “Failure to Register as a Sex
Offender” case to be referred/filed with the KCPAO. Unless, due to extenuating
circumstances the witness is incapable of writing out their own statement, the
contacting officer/detective will have the witness write and sign the statement in their
own handwriting to contain, verbatim, the information on the witness form.
ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET
“Exhibit D” is the “Filing Non-Discoverable Face Sheet.” This form shall be
attached to each “Felony Failure to Register as a Sex Offender” case that is referred
to the King County Prosecuting Attorney’s Office.
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ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING
Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian
Affairs funds that would be spent for identical purposes in the absence of the grant.
Overtime - To meet this grant condition, you must ensure that:
• Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget. Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
• Additionally, by the conditions of this grant, you are required to track all
overtime funded through the grant.
ARTICLE VIII. HOLD HARMLESS/INDEMNIFICATION
Contractor shall protect, defend, indemnify, and save harmless King County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of Contractor, its officers, employees, contractors, and/or agents related to
Contractor’s activities under this Agreement. Contractor agrees that its obligations
under this paragraph extend to any claim, demand, and/or cause of action brought by,
or on behalf of any of its employees or agents. For this purpose, Contractor, by
mutual negotiation, hereby waives, as respects King County only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event King County incurs any judgment, award,
and/or cost arising therefrom including attorney’s fees to enforce the provisions of
this article, all such fees, expenses, and costs shall be recoverable from Contractor.
The provisions of this section shall survive the expiration or termination of this
Agreement.
ARTICLE IX. INSURANCE
Contractor shall maintain insurance policies, or programs of self-insurance, sufficient
to respond to all of its liability exposures under this Agreement. The insurance or
self-insurance programs maintained by the Contractor engaged in work contemplated
in this Agreement shall respond to claims within the following coverage types and
amounts:
General Liability. Coverage shall be at least as broad as Insurance Services
Office form number CG 00 01 covering COMMERCIAL GENERAL
LIABILITY. $5,000,000 combined single limit per occurrence, and for those
policies with aggregate limits, a $5,000,000 aggregate limit. King County, its
officers, officials, employees, and agents are to be covered as additional insureds
as respects liability arising out of activities performed by or on behalf of the City.
Additional Insured status shall include Products-Completed Operations-CG 20 10
11/85 or its equivalent.
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By requiring such liability coverage as specified in this Article IX, King County has
not, and shall not be deemed to have, assessed the risks that may be applicable to
Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or
prudent, maintain greater limits or broader coverage than is herein specified.
Contractor agrees to maintain, through its insurance policies, self-funded program or
an alternative risk of loss financing program, coverage for all of its liability exposures
for the duration of this Agreement. Contractor agrees to provide KCSO with at least
thirty (30) days prior written notice of any material change or alternative risk of loss
financing program.
ARTICLE X. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this agreement. This agreement shall not
impart any right enforceable by any person or entity that is not a party hereto.
ARTICLE XI. AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
Auburn Police Department KING COUNTY SHERIFF’S
OFFICE
Daniel O’Neil, Chief of Police Mitzi Johanknecht, Sheriff
Date Date
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