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HomeMy WebLinkAbout01-11-2021 CITY COUNCIL STUDY SESSIONCity Council Study Session Muni Serv ices S FA J anuary 11, 2021 - 5:30 P M Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .Virtual Participation L ink A .Virtual Participation L ink The A uburn City Council Meeting scheduled for Monday, J anuary 11, 2021 at 5:30 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 Zoom app or call into the meeting at the phone number listed below. P er the Governor's E mergency Proclamation 20-28, the City of Auburn is prohibited from holding an in-person meeting at this time. City of Auburn Resolution No. 5533, designates City of Auburn meeting locations for all Council, Board and Commission meetings as virtual. All meetings will be held virtually and telephonically until King County enters into Phase 3 of Governor I nslee’s S afe S tart — Washington’s P hased Reopening plan. The link to the Virtual Meeting or phone number to listen to the Council Meeting is: J oin from a P C, Mac, iPad, iP hone or A ndroid device: P lease click this UR L to join. https://zoom.us/j/94237693282 Or join by phone: 253 215 8782 888 475 4499 (Toll F ree) Webinar I D: 942 3769 3282 B .Roll Call I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS I V.A G E ND A MO D I F I C AT I O N Page 1 of 147 V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .Ordinance No. 6809 (Tate)(5 Minutes) A n Ordinance amending S ection 18.36.020 of the A uburn City Code (A C C) by adding back Subsection B ‘Site P lan approval’ B .Ordinance No. 6810 (Gaub)(5 Minutes) A n Ordinance vacating right-of-way of the alley north of Auburn Way S outh between Dogwood S t S E and F ir St S E C.Modification to the 2021-2026 T I P (Gaub)(10 Minutes) D.Resolution No. 5573 (Thomas)(5 Minutes) A Resolution relating to the Auburn F ood B ank’s operation of the Daytime Resource Center and authorizing the Mayor to negotiate, administer, and execute an agreement with the Auburn F ood B ank E .Resolution No. 5574 (Thomas)(5 Minutes) A Resolution relating to the Auburn F ood B ank’s operation of the Night S helter and authorizing the Mayor to negotiate, administer, and execute an agreement with the A uburn Food Bank F.Resolution No. 5580 (Hinman)(10 Minutes) A Resolution authorizing the Mayor to negotiate and execute a land lease agreement with MD 500 Development, L L C. V I .MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS A .K ing County District Court I L A (Martinson)(30 Minutes) I nterlocal A greement with King County District Court for provision of Municipal Court S ervices V I I .O T HE R D I S C US S I O N I T E MS V I I I .NE W B US I NE S S I X.A D J O UR NME 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 2 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6809 (Tate)(5 Minutes) Date: January 5, 2021 Department: Community Development Attachments: Ordinance No. 6809 Exhibit A to Ordinance No. 6809 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: Ordinance No. 6779 amended Chapter 18.68 ACC ‘Zoning Map and Text Amendments’ (formerly known as only ‘Amendments’). During that amendment process Subsection B of ACC 18.36.020 was inadvertently shown as struck-out, whereas the only change intended to this Section was to update a reference back to Ch. 18.68 ACC. This ordinance will correct this error by adding back ACC18.36.020(B). No Planning Commission review or public notice is required per ACC 18.68.030(B)(2) ‘Procedural Zoning Text Amendments’. Rev iewed by Council Committees: Councilmember:Staff:Tate Meeting Date:January 11, 2021 Item Number: Page 3 of 147 -------------------------------- Ordinance No. 6809 January 4, 2020 Page 1 of 2 Rev. 2019 ORDINANCE NO. 6809 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18.36.020 OF THE AUBURN CITY CODE (ACC) BY ADDING SUBSECTION B ‘SITE PLAN APPROVAL’. WHEREAS, on July 20, 2020 the Auburn City Council Passed Ordinance No. 6779, amending certain sections of the Auburn City Code (ACC), including ACC 18.36.020; and WHEREAS, Section 3 of Ordinance No. 6779 inadvertently deleted subsection ‘B’ of ACC 18.36.020; and WHEREAS, it is appropriate to add back this inadvertently deleted text language to Ch. 18.36 ACC; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 18.36.020 ACC is amended to read as shown in Exhibit A of this Ordinance. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Page 4 of 147 -------------------------------- Ordinance No. 6809 January 4, 2020 Page 2 of 2 Rev. 2019 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 5 of 147 January 2020 ORDINANCE 6809 – EXHIBIT A 18.36.020 Process. The approval process for business parks is in two steps. The first step in the conceptual approval of the business park, by the hearing examiner and city council, this step also approves the rezone to the business park district. The second step is the approval of the site plan by the planning director. A. Conceptual Approval. 1. Conceptual approval of a business park shall be applied by the rezone process as specified in ACC 18.68.030(A)(1). The rezone shall be a contract rezone and shall include an agreement that establishes the type, square footage and general location of the uses; the location and size of the park; restrictive covenants; public improvements; and the responsibilities of the owner/developer. 2. A BP district shall only be approved when the owner/developer has demonstrated that a public benefit will result and the project contains architectural, site, and landscape design standards that are significantly superior to those typically required in the other industrial and commercial zones. 3. No significant impacts on the public infrastructure shall occur that cannot be effectively mitigated by the development of the business park. 4. If the approval of the business park requires a subdivision of property, the preliminary plat may be processed concurrently. B. Site Plan Approval. 1. The site plan of a business park shall be approved by the planning director. 2. From the date of filing a complete application the planning director shall within 30 calendar days either approve, deny, or approve with conditions the site plan. The decision of the director shall be final unless appealed to the hearing examiner pursuant to ACC 18.70.050. 3. The city attorney shall prepare the necessary documents, approving the site plan, which shall be recorded at the appropriate King County office, for properties located in King County, or recorded at the appropriate Pierce county office for properties located in Pierce County. Page 6 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6810 (Gaub)(5 Minutes) Date: January 4, 2021 Department: Public Works Attachments: Draft Ordinance No. 6810 Exhibit A Exhibit B Staff Report Vicinity Map Site Plan Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: Muckleshoot Development Corporation has applied to the City for vacation of the right-of-way of the Alley located north of Auburn Way South, between Dogwood St SE and Fir St SE. The applicant owns the adjacent parcel # 2021059024 to the south and is proposing to incorporate the right-of-way into development of the adjacent property. The proposed vacation area was originally dedicated to the City of Auburn for alley purposes by Quit Claim Deed on May 20, 1965. The application has been reviewed by City staff and utility purveyors who have an interest in this right-of-way. Through this review City staff has determined that the right-of-way is no longer necessary to meet the needs of the City and could be vacated with conditions outlined in Draft Ordinance No. 6810. A public hearing for Vacation No. V2-20 is set for January 19, 2021. Rev iewed by Council Committees: Councilmember:Staff:Gaub Meeting Date:January 11, 2021 Item Number: Page 7 of 147 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 1 of 6 ORDINANCE NO. 6810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF THE ALLEY NORTH OF AUBURN WAY SOUTH BETWEEN DOGWOOD ST SE AND FIR ST SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washington (“City”), has received a petition signed by at least two-thirds (2/3) of the owners of property abutting right-of-way located within the alley north of Auburn Way South, between Dogwood St SE and Fir St SE, within the City of Auburn, requesting vacation of the right-of-way; and, WHEREAS, as required by Chapter 12.48 of the Auburn City Code, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 19th day of January, 2021, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located at the Alley north of Auburn Way South, between Dogwood St SE and Fir St SE, located within the City of Auburn, Washington, legally described as follows: THE ALLEY, 16 FEET IN WIDTH, CONVEYED TO THE CITY OF AUBURN BY QUIT CLAIM DEED UNDER RECORDING NUMBER 5881425, DATED MAY 20, 1965, RECORDS OF Page 8 of 147 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 2 of 6 KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, FOREST VILLA ADDITION TO THE CITY OF AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 62 OF PLATS, PAGE 15, RECORDS OF KING COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PLAT SOUTH 88°17’59” EAST, A DISTANCE OF 592.90 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID PLAT ALSO BEING A POINT ON THE WEST RIGHT OF WAY MARGIN OF FIR STREET SE.; THENCE ALONG SAID WEST MARGIN SOUTH 01°42’01” WEST, A DISTANCE OF 16.00 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE NORTH 88°17’59” WEST, A DISTANCE OF 592.77 FEET TO THE EAST RIGHT OF WAY MARGIN OF DOGWOOD STREET SE.; THENCE ALONG SAID EAST MARGIN NORTH 01°14’45” EAST, A DISTANCE OF 16.00 FEET TO THE PONT OF BEGINNING. CONTAINING 9,485 SQ. FT, 0.22 ACRES, MORE OR LESS. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON ALL LYING WITHIN THE MUCKLESHOOT INDIAN RESERVATION. [Also identified as Exhibit “A”.] and as shown on the survey, a copy of which is attached, marked Exhibit "B" is vacated and the property lying in the right-of-way described, shall inure and belong to those persons entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the following: A. In accordance with RCW 35.79.030, the City hereby reserves in favor Page 9 of 147 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 3 of 6 of Parcel Nos. 2599000010, 2599000020, 2599000030, 2599000030, 2599000040, 2599000060, 2599000070, and 2599000080 abutting the vacated right-of-way as described above a perpetual nonexclusive access easement under, over, through and across the vacated right-of-way as described above for the purposes of pedestrian, vehicular and pedestrian individual adjacent parcel access and adjacent private property access. The owners of the adjacent property agree not to erect any structures on said easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee’s rights herein. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. B. In accordance with RCW 35.79.030, the City grants a private utility easement to Puget Sound Energy over, under, and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of electric distribution facilities. The owners of the adjacent property shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantees’ rights. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. C. In accordance with RCW 35.79.030, the City grants a private utility Page 10 of 147 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 4 of 6 easement to CenturyLink over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of wireline telecommunications facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantees’ rights. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties. D. It is provided, however that such reserved or granted utility and access easements as set out in Paragraphs A, B and C above may be modified to accommodate a removal, relocation and sitting of the affected utility lines if the Utility and the property owners on whose property the utility lines are located agree to the removal relocations and sitting being paid by said property owners and with the removal relocation and sitting being done in conformity with applicable standards. E. The applicant shall construct public improvements that permanently close the first two driveways north of the intersection of Auburn Way South on the east side of Dogwood St SE and construct a new driveway to Dogwood St SE at the west boundary of the vacated right-of-way. F. The applicant shall construct public improvements to permanently restrict existing and new driveways along the north side of Auburn Way South from Fir St SE to Page 11 of 147 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 5 of 6 Dogwood St SE to right-in/right-out. G. The applicant shall construct a 7-foot tall fence on the north boundary of the right-of-way, including appropriate gates as may be required to provide accessibility by properties abutting the right-of-way. H. The applicant shall construct an acoustic CMU wall and landscaping to provide mitigation of noise from the property abutting the south boundary of the vacated right-of-way. I. In accordance with RCW 35.79.0360 and ACC 12.48.085, compensation to the City of Auburn, shall be made by the owner or owners of property adjacent thereto in the total amount of Forty-Three Thousand ($43,000.00) Dollars for the full appraised value of the right-of-way, which has been right-of-way for more than twenty-five (25) years and for which public funds were expended. J. This vacation shall be effective upon completion of the provisions in paragraph E, F, G, H and I, above. The above described provisions must be completed by December 31, 2021 or the vacation and Ordinance will be null and void. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force Page 12 of 147 - - - - - - - - - - - - - - - - - Draft Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 6 of 6 five (5) days from and after passage, approval, and publication as provided by law. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor only upon completion of those provisions set forth in Section 1, Paragraphs E, F, G, H, I and J, above, at which time the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080. INTRODUCED: _________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: __________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: __________________________ Kendra Comeau, City Attorney PUBLISHED: _______________ Page 13 of 147 Page 14 of 147 Page 15 of 147 1 of 5 January 4, 2021 V2-20 Staff Report RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V2-20 Applicant: Muckleshoot Development Corporation Property Location: Right-of-Way located at the Alley north of Auburn Way South, between Dogwood St SE and Fir St SE. Description of right-of-way: This ROW proposed for vacation consists of the Alley north of Auburn Way South, between Dogwood St SE and Fir St SE. The proposed ROW is adjacent to Parcel No. 2021059024 on the south side and Parcel Nos. 2599000010 through 2599000080 on the north side, and bordered by City right-of-way to the east and west. The total proposed area of ROW for vacation is approximately 9485± square feet. The proposed ROW vacation area was originally dedicated to the City of Auburn for alley purposes Quit Claim Deed under Recording Number 5881425, dated May 20, 1965, Records of King County, Washington. See Exhibits “A” and “B” for legal description and survey. Proposal: Muckleshoot Development Corporation is proposing that the Alley be vacated so that they can incorporate the area into development of the property to the south on Parcel No 2021059024. If approved, the vacated area would become a drive aisle for access to/from a new gas station, convenience/grocery store, and car wash (Project). The Project includes public improvements that support the alley vacation and help improve safety and traffic operations: closure of two driveways on Dogwood Street SE along the Project site and access restrictions to the existing and new driveways to the Project site on Auburn Way South. In addition the applicant has agreed to install a 7-foot tall “high quality” fence on the north side of the proposed alley vacation with gates for the neighboring properties to the north that desire access to the vacated alley area. With the Project, the applicant agrees to install other measures including landscaping on the south side of the alley and north side of the Project to mitigate and reduce noise as well as reduce or avoid graffiti consistent with Planning and Development comments. Page 16 of 147 2 of 5 January 4, 2021 V2-20 Staff Report See the attached Site Plan for additional Project details associated with the proposed vacation. Applicable Policies & Regulations: • RCW’s applicable to this situation - meets requirements of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of ACC 12.48. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • Vacated Right-of-Way areas typically have a financial benefit to the general public because the vacated areas are subject to property taxes. In this case, the vacated area would likely become part of a Muckleshoot Indian Tribe parcel and therefore it is not known at this time if the vacated area would be subject to property taxes. • The street vacation decreases the Right-of-Way maintenance obligation of the City. The street vacation supports closure, restricted access, and consolidation of access driveways to the applicant’s Project site that will improve safety and traffic operations at the intersection of Dogwood Street SE and Auburn Way South. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE) – PSE has underground electrical facilities and will require an easement be retained across the proposed vacation area. 2. Comcast – Comcast does not have any facilities in the alley and do not require an easement. 3. CenturyLink – Comments from CenturyLink were received requesting an easement be reserved for facilities currently located in the right-of-way. 4. Engineering – Access to the alley by properties abutting the north side of the ROW shall be maintained and access easements required. 5. Transportation – Proposal by the applicant to make the vacated alley area a drive aisle with a two-way (ingress and egress) driveway at Dogwood Street SE and a one-way (egress only) driveway at Fir Street SE is acceptable to the City. 6. Planning – Should the city staff support the vacation of the public alley, the city remains concerned about increased proximity of commercial development and impacts/disturbance to the adjacent residences to the north. The city seeks measures comparable to those standards generally applied and based on city codes, as follows: Page 17 of 147 3 of 5 January 4, 2021 V2-20 Staff Report a. Per ACC 18.50.040(A), a 10-foot landscape buffer is typically required along the north property line abutting residential properties. The applicant shall make an effort to incorporate a minimum 10-foot landscaping where practical, along the northern boundary of the site, including a mixture of trees, shrubs, and ground cover. It is recognized that such a landscape buffer may be impractical due to the proposed development configuration of the site. Where this is not practical, a reduced width of dense landscaping or similar treatment with limited interruptions would provide better compatibility with the residential uses. b. A screening wall or fence shall be provided along the new north property line. The screening shall be a minimum of six feet high and be comprised of a material acceptable to the City. While a chain-link fence with slats as proposed may provide partial screening, a higher quality material is recommended for use, such as a solid wood fence, vinyl, or concrete, or a fence and hedge combination. The purpose of this requirement is to provide higher quality design appearance and more complete privacy for the abutting residential uses. c. Per ACC 18.55.030, any outdoor lighting fixtures or building mounted fixtures located within 50 feet of the abutting residential uses to the north, shall be limited to 16 feet in height and shielded. The purpose of this requirement is to limit any light impacts to the abutting residential uses. d. Because the alley vacation will result in increased proximity of large commercial trucks and queueing for car wash, the applicant needs to provide additional information as to how noise impacts to the adjacent residential uses are going to be mitigated. Particular attention needs to be focused on ensuring the abutting residential uses aren’t negatively impacted by increases in noise from traffic/queueing, car wash and vacuum equipment, and customer’s vehicle audio systems. 7. Water – No comments. An easement is not needed as there are no water facilities. 8. Sewer – No comments. An easement is not needed as there are no sewer facilities. 9. Storm – No comments. An easement is not needed as there are no storm facilities. 10. Fire – No comments. 11. Solid Waste – No comments. 12. Police – No comments. 13. Streets – No comments. 14. Construction –No comments. 15. Innovation and Technology – No comments Assessed Value: Page 18 of 147 4 of 5 January 4, 2021 V2-20 Staff Report ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city’s expense.” RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of- way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated.” An appraisal by an MAI appraiser of the subject right-of-way was required to be submitted by the applicant. The appraisal was reviewed and found to be acceptable. The appraisal values the right-of-way in an “As-Is Land Value” at $43,000.00. The right- of-way has been right-of-way for more than 25 years and was acquired for alley purposes through Quit Claim Deed under Recording Number 5881425, dated May 20, 1965, Records of King County, Washington. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for Puget Sound Energy electric facilities. 2. An easement shall be reserved for CenturyLink telecommunications facilities. 3. An access easement shall be reserved for all properties abutting the north boundary of the right-of-way. 4. Applicant shall construct public improvements required to close the first two driveways north of the intersection with Auburn Way South on the east side of Dogwood Street SE and construct a new driveway to Dogwood Street SE at the existing alley in accordance with the attached site plan. Page 19 of 147 5 of 5 January 4, 2021 V2-20 Staff Report 5. Applicant shall construct improvements to restrict existing and new driveways along the Project site along Auburn Way South to right-in/right-out in accordance with the attached site plan. 6. Applicant shall construct and install a 7-foot tall “high quality” fence on the north boundary of the vacated right-of-way, including appropriate gates for accessibility by properties abutting the north boundary of the right-of-way. 7. Applicant shall construct and install an acoustic CMU wall and landscaping on a portion of the south boundary of the vacated right-of-way in accordance with the attached site plat to provide effective noise mitigation. 8. Staff recommends that compensation for the full appraised value of the right-of- way in the amount of $43,000.00 be required as it has been ROW for more than 25 years and the City has incurred cost for maintenance of the alley. 9. Completion Condition Nos. 4 through 8 above shall be accomplished by December 31, 2021 or the vacation shall be null and void. Page 20 of 147 262.7 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet262.7131.40 1:1,576 ROW Vacation #V2-20 Muckleshoot Development Corporation 1in =131 ft 2/25/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Page 21 of 147 New 7' high fencing withgates at each propery.4'-0" highacousticCMU wallOne way alleyMuckleshoot C-Store, GasStation, and Car WashSite Plan - October 12, 2020Residential PropertiesDogwood St. SEFir St SEAuburn Way S.Evergreenshrubs andgroundcoverEvergreentrees,shrubs andgroundcoverPylon signLandscape islandswith evergreen shrubs(2) FutureEV chargingstations.New and Existing Driveways onAuburn Way S. to be permanentlyrestricted to right-in/right-out fromDogwood St to Fir StExistingDriveways onDogwood St to bepermanentlyclosed and a newdrivewayconstructed at theexisting alley. Page 22 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: Modification to the 2021-2026 TIP (Gaub)(10 Minutes) Date: December 23, 2020 Department: Public Works Attachments: TIP Sheets and Vicinity Maps Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background Summary: Changes to the Transportation Improvement Plan (TIP) are needed to update the TIP to reflect recent grant awards as follows: Additions: TIP P-14: 4th Street SE Preservation ($2.91M) – This project will replace pavement and utilities on 4th Street SE from Auburn Way South to L Street SE. A pavement grind and overlay is planned between Auburn Way South and D Street SE. Full depth pavement reclamation is planned from D Street SE to L Street SE. The project will also include replacement of City utilities, removal of sidewalk obstructions, replacement of sidewalk and curb ramps as needed to address ADA requirements, and other improvements. Transportation Improvement Board (TIB) grant funding for the project was awarded in 2020. TIP R-10: High Friction Surface Treatment ($0.42M) – The project will install a high friction surface treatment (HFST) at six different curved roadway segments throughout the City. The HFST involves the application of fine/rough aggregate to the pavement using a polymer binder to increase pavement friction. The higher pavement friction helps motorists maintain better control in both dry and wet driving conditions, reducing the potential for a crash. WSDOT administered grant funding for the project was awarded in 2020. Modifications: TIP P-1: Arterial Street Preservation Program ($2.2M/year) – a portion of the 2021 and 2022 funds from this program were reallocated to P-14 to provide the required local match for the grant funds. NEXT STEPS: The public hearing and adoption are scheduled for the January 19th City Council meeting. Rev iewed by Council Committees: Page 23 of 147 Councilmember:Staff:Gaub Meeting Date:January 11, 2021 Item Number: Page 24 of 147 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: Arterial Street Preservation ProgramSTIP# AUB-N/AProject No:VariesProject Type:PreservationProject Manager:Kenneth ClarkActivity:2020 YEFunding Sources:Prior to 2020Estimate202120222023202420252026Beyond 2026Total Project CostArterial Preservation Fund- 2,200,000 227,498 584,952 606,728 599,514 2,100,000 2,200,000 - 8,518,692 Total Funding Sources:- 2,200,000 227,498 584,952 606,728 599,514 2,100,000 2,200,000 - 8,518,692 Capital Expenditures:Design- 330,000 34,125 87,743 91,009 89,927 315,000 330,000 - 1,277,804 Right of Way- - - - - - - - - - Construction- 1,870,000 193,373 497,209 515,719 509,587 1,785,000 1,870,000 - 7,240,888 Total Expenditures:- 2,200,000 227,498 584,952 606,728 599,514 2,100,000 2,200,000 - 8,518,692 TIP# P-1Description: The program preserves classified streets throughout the City. Individual projects may include a combination of crack seal, overlays, rebuilds, and spot repairs. The program also funds the biennial collection of pavement condition ratings. This program is funded through a 1% utility tax that was adopted by City Council in 2008. Program funds reflect remaining budget after allocations to specific arterial street preservation projects, which are included as separate projects in this TIP.Progress Summary:The 2020 construction cycle includes the reconstruction of 15th Street NW between West Valley Highway and Terrace Drive. The project will also overlay 15th Street NW between West Valley Highway and SR 167. A crack seal project of arterial and collector streets is also proposed. Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project Cost1Page 25 of 147 Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: 4th Street SE Preservation (Auburn Way S to L Street SE)STIP# AUB-N/AProject No:TBDProject Type:PreservationProject Manager:TBDActivity:2020 YETotal ProjectFunding Sources:Prior to 2020Estimate202120222023202420252026Beyond 2026CostArterial Preservation Fund- - 100,000 1,065,048 - - - - - 1,165,048 Secured Grant- - 150,000 1,597,572 - - - - - 1,747,572 Traffic Impact Fees- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:- - 250,000 2,662,620 - - - - - 2,912,620 Capital Expenditures:Design- - 250,000 - - - - - - 250,000 Right of Way- - - - - - - - - - Construction- - - 2,662,620 - - - - - 2,662,620 Total Expenditures:- - 250,000 2,662,620 - - - - - 2,912,620 TIP# P-14Description:This project will replace pavement and utilities on 4th Street SE from Auburn Way South to L Street SE. A pavement grind and overlay is planned between Auburn Way South and D Street SE. Full depth pavement reclamation is planned from D Street SE to L Street SE. The project will also include replacement of City utilities, removal of sidewalk obstructions, replacement of sidewalk and curb ramps as needed to address ADA requirements, and other improvements.Progress Summary:Grant funding for the project was awarded by TIB in 2020. Future Impact on Operating Budget:This project is anticipated to reduce the operating budget for street maintenance.BudgetForecast Project CostPage 26 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 4th Street SE Preservation - Vicinity Map 1in =667 ft 12/15/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Project Area SR18 4th St SE Page 27 of 147 Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: High Friction Surface TreatmentSTIP# AUB-N/AProject No:TBDProject Type:Capacity, SafetyProject Manager:TBDLOS Corridor ID# N/AActivity:2020 YEFunding Sources:Prior to 2020Estimate202120222023202420252026Beyond 2026Total Project CostUnrestricted Street Revenue- - 6,000 - - - - - - 6,000 Secured Grant- - 54,000 360,000 - - - - - 414,000 Traffic Impact Fees- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources:- - 60,000 360,000 - - - - - 420,000 Capital Expenditures:Design- - 60,000 - - - - - - 60,000 Right of Way- - - - - - - - - - Construction- - - 360,000 - - - - - 360,000 Total Expenditures:- - 60,000 360,000 - - - - - 420,000 TIP# R-10Description:The project will install a high friction surface treatment (HFST) at six different curved roadway segments throughout the City. The HFST involves the application of fine/rough aggregate to the pavement using a polymer binder to increase pavement friction. The higher pavement friction helps motorists maintain better control in both dry and wet driving conditions, reducing the potential for a crash.Progress Summary:Grant funding was awarded by WSDOT in 2020.Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost1Page 28 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 HFST Location #1 1in =667 ft 3/4/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. HFST would be applied to the northbound/downhill travel lane. Page 29 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 HFST Location #2 1in =667 ft 3/4/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. HFST would be applied to both approaches to the curve Page 30 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 HFST Location #3 1in =667 ft 3/4/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. HFST would be applied to both approaches to the curve Page 31 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 HFST Location #4 1in =667 ft 3/4/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. HFST would be applied to both approaches to the curve Page 32 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 HFST Location #5 1in =667 ft 3/4/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. HFST would be applied to both approaches to the curve Page 33 of 147 1,333.3 NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet Feet1,333.3666.70 1:8,000 HFST Location #6 1in =667 ft 3/4/2020Printed Date: Map Created by City of Auburn eGIS Imagery Date: May 2015 Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. HFST would be applied to the westbound/downhill approach to the curve Page 34 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5573 (Thomas)(5 Minutes) Date: January 5, 2021 Department: Finance Attachments: Res olution No. 5573 AFB - Day Resource Center Budget Impact: Administrativ e Recommendation: For discussion only. Background Summary: Since mid-2018, the City of Auburn began a partnership with the Auburn Food Bank to provide daytime services (Ray of Hope) to unsheltered individuals. Since this time, the need for services to the unsheltered has continued to expand and increase significantly. Both the Auburn Food Bank and the City wishes to continue to provide daytime services to unsheltered individuals on the Valley Cities-owned properties within the City of Auburn (collectively “Valley Cities Property”) through the use of a temporary modular building until the Auburn Food Bank is able to move to the Auburn Consolidated Resource Center. The resources provided will include connecting unsheltered individuals with resources to ultimately help get them into permanent housing. This contract and Resolution No. 5573 extends the City and Auburn Food Bank’s agreement through December 31, 2022. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:January 11, 2021 Item Number: Page 35 of 147 -------------------------------- Resolution No. 5573 December 15, 2020 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5573 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE AUBURN FOOD BANK’S OPERATION OF THE DAYTIME RESOURCE CENTER AND AUTHORIZING THE MAYOR TO NEGOTIATE, ADMINISTER, AND EXECUTE AN AGREEMENT WITH THE AUBURN FOOD BANK WHEREAS, the City of Auburn, along with all of western Washington, is experiencing unprecedented numbers of individuals experiencing homelessness or are at high-risk for experiencing homelessness; and WHEREAS, the Auburn Food Bank is a volunteer directed organization that provides food, referrals, resources, support, and assistance to unsheltered individuals within the City of Auburn and the surrounding community; and WHEREAS, the Auburn Food Bank will provide daytime services to unsheltered individuals at the Auburn Consolidated Resource Center; and WHEREAS, the City of Auburn will funds to the Auburn Food Bank for the operation of the daytime resource center consistent with this Agreement; and WHEREAS, the City has determined that this Agreement provides the necessary support of the poor and infirm in the community; and WHEREAS, the public and the City benefit from the services provided by the Auburn Food Bank. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Page 36 of 147 -------------------------------- Resolution No. 5573 December 15, 2020 Page 2 of 2 Rev. 2019 Section 1. The Mayor is authorized to negotiate, administer, and execute an Agreement between the City of Auburn and the Auburn Food Bank, which shall be in substantial conformity with the attached “Agreement”. Section 2. The Mayor is authorized to implement those administrative procedures necessary 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: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 37 of 147 AGREEMENT Between The City of Auburn and The Auburn Food Bank For Operation of the Daytime Resource Center This Agreement (“Agreement”) is entered into on this ___ day of ____________, 2021, by and between the City of Auburn, a municipal corporation organized under Title 35A of the Revised Code of Washington (the “City”), and the Auburn Food Bank, a Washington public benefit corporation (the “Provider” and collectively “the Parties”). RECITALS: 1. The City of Auburn, along with all of western Washington, is experiencing unprecedented numbers of individuals experiencing homelessness or are at high-risk for experiencing homelessness; and 2. The Auburn Food Bank is a volunteer directed organization that provides food, referrals, resources, support, and assistance to unsheltered individuals within the City of Auburn and the surrounding community; and 3. The Auburn Food Bank will provide daytime resource services within the Auburn Resource Center Building located at 2806A Auburn Way North, Auburn, WA 98002; and 4. The Auburn Food Bank will pay the City rent for the space being occupied at 2806A Auburn Way North, Auburn, WA 98002; and 5. The City of Auburn will provide funds to the Auburn Food Bank for the operation of the daytime resource center and the Auburn Food Bank will seek additional funding sources and partnerships; and 6. The Parties expressly intend all provisions of the Agreement to apply in full force and effect for the duration of January 1, 2021 through December 31, 2022; and 7. The City has determined that this Agreement provides the necessary support of the poor and infirm in the community. AGREEMENT: In consideration of the mutual promises set out in this Agreement, the Auburn Food Bank and the City agree as follows: Page 38 of 147 1. Term of Agreement. The Parties intend for the term of this Agreement to be January 1, 2021 through December 31, 2022. The term of this Agreement may be extended in writing by mutual agreement of the parties. If this Agreement expires or terminates before the Parties’ entering into an Agreement for future services or extending this Agreement, the Auburn Food Bank agrees to remove all personal property promptly from the Consolidated Resource Center. 2. Scope of Services. The Provider agrees to perform in a good and professional manner the tasks described in Exhibit “A.” The Provider will perform the services as an independent contractor and will not be deemed, by virtue of this Agreement and the performance of, to have entered into any partnership, joint venture, or other relationship with the City. 3. Provider Representations. The Auburn Food Bank represents and warrants that it has all necessary licenses and certifications to perform the services provided for in this Agreement, and is qualified to perform those services. The Auburn Food Bank is prohibited from making any program services, resources, assistance, or sheltering conditional on clients participating in any sort of religious activity. No funding provided through the City may be used to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization. The Auburn Food Bank agrees to cooperate and coordinate with the City, its employees, contractors, and agents for the purpose of maintaining and repairing the building consistent with the lease. The Auburn Food Bank agrees to cooperate and coordinate with the City, its employees, contractors, and agents under the Auburn Consolidated Resource Center lease upon the lease effective date. 4. City Obligations. The City agrees to lease the Auburn Consolidated Resource Center and to offer a lease to the Auburn Food Bank for the duration of this Agreement, provided that the Auburn Food Bank complies with all required lease conditions and the terms of this Agreement. 5. Compensation. As compensation for the Provider’s performance of the services provided for in this Agreement, the City will provide the Provider the fees and costs specified in Exhibit “B”. This compensation shall be used for work performed or services rendered and for all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the work. Copies of original supporting documents shall be supplied to the City upon request. Compensation to be paid the Provider in succeeding years after the current year will be contingent upon availability of funds. Provider commits to obtaining additional and independent funding sources. Page 39 of 147 6. Parties Obligations to Keep Building in Good Repair Consistent with Lease. In addition to the Parties’ obligations as otherwise described in this Agreement and the Scope of Services, Exhibit A, the Parties agree to not use or store any hazardous, toxic, radioactive or bio-hazardous substances or petroleum products in the building. The Parties agree that the building will not be occupied by any person other than the Parties, their agents, employees, and invites or used for residential or dormitory purposes. 7. Insurance. The Provider shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, its agents, representatives, or employees. A. No Limitation The Provider’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. B. Minimum Scope of Insurance The Provider shall obtain insurance of the types and coverage described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Provider’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Provider’s profession. C. Minimum Amounts of Insurance The Provider shall maintain the following insurance limits: Page 40 of 147 Page 4 of 12 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. D. Other Insurance Provision The Provider’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Provider’s insurance and shall not contribute with it. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Verification of Coverage The Provider shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. G. Notice of Cancellation The Provider shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Provider to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Provider to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Provider from the City. I. City Full Availability of Provider Limits If the Provider maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella Page 41 of 147 Page 5 of 12 liability maintained by the Provider, irrespective of whether such limits maintained by the Provider are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Provider. 8. Indemnification Provider shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The Parties intend for the provisions of this section to apply beginning January 1, 2020, and shall survive the expiration or termination of this Agreement. 9. No Leasehold Interest. This Agreement does not convey to the Auburn Food Bank a leasehold interest. 10. Dispute Resolution. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the Parties agree that, notwithstanding such dispute or conflict, the Parties will continue to make a good faith effort to continue to cooperate and continue to work toward successful completion of the services outlined in Exhibit A. In the event that any party believes another party has breached a term of this Agreement, it may request in writing that the Parties meet and confer in good faith for the purpose of attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days of the date of service of the request. 11. Agreement Interpretation. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and are not part of this Agreement. The singular will include the plural and vice versa and masculine, feminine and neuter expressions are interchangeable. Interpretation or construction of this Agreement will not be affected by any Page 42 of 147 Page 6 of 12 determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the Parties. 12. Non-Availability of Funds. Every obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligation; and if funds are not allocated and available for the continuance of this Agreement, then this Agreement may be terminated by the City at the end of the period for which funds are available. The City makes no commitment to support the services contracted for and assumes no obligation for future support of the activity or services contracted herein expect as expressly set forth in this Agreement. 13. Termination for Cause. If the City concludes that the Auburn Food Bank has failed to comply with the terms and conditions of this Agreement, or has failed to use the City funds only for those activities identified in Exhibit A, or has otherwise materially breached one or more of the covenants in this Agreement, the City may at any time, at its discretion, provide written notice to the Auburn Food Bank and terminate the Agreement. The Notice of Termination for Cause will be in writing with the reason(s) for the termination, and will specify the effective date of the termination. The Auburn Food Bank will be allowed at least five (5) calendar days to cure the reasons for termination. If the breach is not cured within five (5) days, the City may recover all prior payments to the Auburn Food Bank from the City made within 60 days of the Effective Date. If the lease is not renewed or is revoked for any reason, this Agreement automatically terminates and the parties waive all claims, demands, suits, proceedings, losses, costs, or damages of every kind and description, including attorneys’ fees and litigations expenses which may be made against or incurred by the City, caused by, arising out of, or contributed to, in whole or in part, by reason of the Agreement termination. The City may, in its sole discretion, by written notice to the Auburn Food Bank, immediately terminate this Agreement, if it is found after due notice and examination by the City that there is a violation of the Ethics in Public Service Act, Chapters 42.23 and 42.52 RCW. 14. Termination for Convenience. The City reserves the right to terminate this Agreement for the convenience of the City by delivery of a Notice of Termination with the effective date. The City may withhold all further payments to the Auburn Food Bank after the date of Notice of Termination. 15. Prohibited Discriminatory Actions. The Auburn Food Bank may not, under any program or activity to which this Agreement applies, directly or through contractual or other arrangements, discriminate on the grounds of Page 43 of 147 Page 7 of 12 age, color, creed, familial status, nationality, religion, race, sexual orientation, or the presence of any physical, mental, or sensory disability. The Auburn Food Bank will comply with all applicable federal, state and local non- discrimination laws and/or policies, including, but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the Auburn Food Bank’s noncompliance or refusal to comply with any non- discrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Auburn Food Bank may be declared ineligible for further agreements with the City. The Auburn Food Bank is responsible for any and all costs or liability arising from any failure to so comply with applicable law. 16. Records. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings, and any other materials created or otherwise prepared by the Auburn Food Bank and transmitted to the City as part of performing this Agreement will be owned by and become the property of the City. The Auburn Food Bank agrees that it will comply with the Washington Public Records Act, if required, and shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in complying with the Washington Public Records Act. 17. Personal Information-Notice of Security Breach. The Auburn Food Bank agrees to notify the City of any breach of the security of any personal information data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in accordance with RCW 42.56.590. In the event of a security breach, the Auburn Food Bank is responsible for notifying individuals whose personal information may have become available to unauthorized users. 18. Inspection & Audit. All compensation payments will be subject to adjustments for any amounts to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement will be subject to inspection and audit by the City for a period of three (3) years from the final payment for work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year period, all records and books of accounts pertaining to any work performed under this Agreement will be retained until all litigation, claims, disputes, or audits have been finally resolved. Page 44 of 147 Page 8 of 12 19. Limitations. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of the parties or as requiring the parties to expend any sum in excess of its appropriations. 20. Force Majeure. No party to this Agreement will be held responsible for delay or default caused by terrorism, pandemics, natural disasters, riots, acts of god and/or war that is beyond the reasonable control of the parties. 21. Severability. Each provision of this Agreement is intended to be severable, and if any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this Agreement. 22. Amendment, Assignment & Waiver Provisions. No amendment, modification, or waiver of any condition, provision, or term of this Agreement will be valid unless it is made in writing, signed by the party or parties to be bound, or the duly authorized representatives thereof, and specifies, with particularity, the nature and extent of such amendment, modification, or waiver. The failure of either party at any time to require performance by another party of any provisions of this Agreement will in no way affect the party’s subsequent rights and obligations under that provision, and waiver by any party of the breach of any provision of this Agreement will not be taken or held to be a waiver of any succeeding breach or as a waiver of any provision. 23. Integration & Binding Effect. This Agreement, together with any subsequent amendments or addendums, constitutes the entire agreement of the Parties and no other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the Parties. This Agreement is binding on the Parties and their respective successors and assigns, provided that this Section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties and it does not create a contractual relationship with, or exist for the benefit of, any third party, including contractors, subcontractors, or their sureties. 24. Choice of Law. This Agreement and the rights of the parties will be governed and interpreted in accordance with the laws of the State of Washington and venue for any action will be in King County, Washington; provided, however, that it is agreed and understood that any applicable statute Page 45 of 147 Page 9 of 12 of limitation will commence no later than the substantial completion by the Provider of the services. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs and attorneys’ fees generated by any dispute arising out of this Agreement. 25. Notices, Reports & Correspondence. All notices or communications permitted or required to be given under this Agreement will be in writing and will be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement. All notices, reports, and correspondence will be sent to: City of Auburn Auburn City Hall Attn: Jamie Thomas 25 West Main St. Auburn, WA 98001-4998 (253) 804-5019 jdthomas@auburnwa.gov The Auburn Food Bank Auburn Food Bank Attn: Debbie Christian 930 18th Pl SE Auburn, WA 98002 (253) 833-8925 Fax (253) 833-1332 Page 46 of 147 Page 10 of 12 26. Signature Authority. This Agreement may be executed in counterparts, each of which will be one and the same Agreement and will become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Nancy Backus, Mayor Date AUBURN FOOD BANK By Title Federal Tax ID # Date APPROVED AS TO FORM: Kendra Comeau, City Attorney Page 47 of 147 Page 11 of 12 SCOPE OF SERVICES Exhibit A The Auburn Food Bank will provide support staff for low-barrier daytime services for unsheltered residents during the term of the Agreement. The Scope of Services includes an obligation the Auburn Food Bank to provide sufficient staff for the Ray of Hope Day Center for the purpose of assisting unsheltered residents living in the Auburn/South King County area in accessing housing and resources in accordance with the terms and conditions of this Agreement. Services The Auburn Food Bank agrees to: • Provide adequate staffing between 7 AM and 8:30 PM, 7 days a week, to provide daytime services Page 48 of 147 Page 12 of 12 COMPENSATION EXHIBIT B The City agrees to compensate the Auburn Food Bank in the amount of One Hundred Twenty Five Thousand Dollars ($125,000) for the provision of work as required in the Scope of Services, Exhibit A, and for the year of 2021. The City agrees to compensate the Auburn Food Bank in the amount of One Hundred Twenty Five Thousand Dollars ($125,000) for the provision of work as required in the Scope of Services, Exhibit A, and for the year of 2022. Page 49 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5574 (Thomas)(5 Minutes) Date: January 5, 2021 Department: Finance Attachments: Res olution No. 5574 AFB Night Shelter Budget Impact: Administrativ e Recommendation: For discussion only. Background Summary: In mid-2019 the City of Auburn expanded its partnership with the Auburn Bank and began operating a nighttime shelter (Sundown) for unsheltered individuals. Since this time, the need for services to the unsheltered has continued to expand and increase significantly. Both the Auburn Food Bank and the City wishes to continue to provide a nighttime shelter for unsheltered individuals. This shelter is currently being operated in a portion of the space on in the Auburn Consolidated Resource Center (ACRC) located at 2806A Auburn Way North. The resources provided will include a space to rest inside the ACRC along with a cot and a blanket, regardless of religious affiliation. This contract and Resolution No. 5574 extends the City and Auburn Food Bank’s agreement through December 31, 2022. Rev iewed by Council Committees: Councilmember:Staff:Thomas Meeting Date:January 11, 2021 Item Number: Page 50 of 147 -------------------------------- Resolution No. 5574 December 15, 2020 Page 1 of 2 Rev. 2019 RESOLUTION NO. 5574 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE AUBURN FOOD BANK’S OPERATION OF THE NIGHT SHELTER AND AUTHORIZING THE MAYOR TO NEGOTIATE, ADMINISTER, AND EXECUTE AN AGREEMENT WITH THE AUBURN FOOD BANK WHEREAS, the City of Auburn, along with all of western Washington, is experiencing unprecedented numbers of individuals experiencing homelessness or are at high-risk for experiencing homelessness; and WHEREAS, the Auburn Food Bank is a volunteer directed organization that provides food, referrals, resources, support, and assistance to unsheltered individuals within the City of Auburn and the surrounding community; and WHEREAS, the Auburn Food Bank operates a night shelter for individuals within the Auburn Resource Center Building located at 2806A Auburn Way North, Auburn, WA 98002; and WHEREAS, the City of Auburn will provide funds to the Auburn Food Bank for the operation of the night shelter consistent with this Agreement; and WHEREAS, the City has determined that this Agreement provides the necessary support of the poor and infirm in the community; and WHEREAS, the public and the City benefit from the services provided by the Auburn Food Bank. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Page 51 of 147 -------------------------------- Resolution No. 5574 December 15, 2020 Page 2 of 2 Rev. 2019 Section 1. The Mayor is authorized to negotiate, administer, and execute an Agreement between the City of Auburn and the Auburn Food Bank, which shall be in substantial conformity with the attached “Agreement”. Section 2. The Mayor is authorized to implement those administrative procedures necessary 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: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 52 of 147 AGREEMENT Between The City of Auburn And The Auburn Food Bank For Operation of the Night Shelter This Agreement is made and entered into on this ___day of __________, 2021, by and between the City of Auburn, a municipal corporation organized under Title 35A of the Revised Code of Washington (the “City”), and the Auburn Food Bank, a Washington public benefit corporation (the “Provider” and collectively “the Parties”). RECITALS: 1. The City of Auburn, along with all of western Washington, is experiencing unprecedented numbers of individuals experiencing homelessness or are at high- risk for experiencing homelessness; and 2. The Auburn Food Bank is a volunteer directed organization that provides food, referrals, resources, support, and assistance to unsheltered individuals within the City of Auburn and the surrounding community; and 3. The Auburn Food Bank operates a night shelter for individuals within the Auburn Resource Center Building located at 2806A Auburn Way North, Auburn, WA 98002; and 4. The Auburn Food Bank will pay the City rent for the space being occupied at 2806A Auburn Way North, Auburn, WA 98002; and 5. The City agrees to provide funds to the Auburn Food Bank for the operation of the night shelter and the Auburn Food Bank will seek additional funding sources and partnerships; and 6. The Parties expressly intend all provisions of the Agreement to apply in full force and effect for the duration of January 1, 2021 through December 31, 2022; and 7. The City has determined that this Agreement provides the necessary support of the poor and infirm in the community. AGREEMENT: In consideration of the mutual promises contained in this Agreement, the Parties agree as follows: Page 53 of 147 1. Term of Agreement. The Parties intend for the term of this Agreement to be January 1, 2021 through December 31, 2022. The term of this Agreement may be extended in writing by mutual agreement of the parties. If this Agreement expires or terminates before the Parties’ entering into an Agreement for future services or extending this Agreement, the Auburn Food Bank agrees to remove all personal property promptly from the Consolidated Resource Center. 2. Scope of Services. The Provider agrees to perform in a good and professional manner the tasks described in Exhibit “A.” The Provider will perform the services as an independent contractor and will not be deemed, by virtue of this Agreement and the performance of, to have entered into any partnership, joint venture, or other relationship with the City. 3. Provider Representations. The Auburn Food Bank represents and warrants that it has all necessary licenses and certifications to perform the services provided for in this Agreement, and is qualified to perform those services. The Auburn Food Bank is prohibited from making any program services, resources, assistance, or sheltering conditional on clients participating in any sort of religious activity. No funding provided through the City may be used to support or engage in any explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization. The Auburn Food Bank agrees to cooperate and coordinate with the City, its employees, contractors, and agents for the purpose of maintaining and repairing the building consistent with the lease. The Auburn Food Bank agrees to cooperate and coordinate with the City, its employees, contractors, and agents under the Auburn Consolidated Resource Center lease upon the lease effective date. 4. Compensation. As compensation for the Provider’s performance of the services provided for in this Agreement, the City will pay the Provider the fees and costs specified in Exhibit “B”. This compensation shall be used for work performed or services rendered and for all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the work. Copies of original supporting documents shall be supplied to the City upon request. Compensation to be paid the Provider in succeeding years after the current year will be contingent upon availability of funds. Provider commits to obtaining additional and independent funding sources 5. Parties Obligations to Keep Building in Good Repair Consistent with Lease. In addition to the Parties’ obligations as otherwise described in this Agreement and the Scope of Services, Exhibit A, the Parties agree to not use or store any hazardous, toxic, radioactive or bio-hazardous substances or petroleum products in the building. The Parties agree that the building will not be occupied by any person other than the Parties, their agents, employees, and invites or used for residential or dormitory purposes. Page 54 of 147 6. Insurance. The Provider shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Provider, its agents, representatives, or employees. A. No Limitation The Provider’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Provider to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. B. Minimum Scope of Insurance The Provider shall obtain insurance of the types and coverage described below. 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Provider’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Provider’s profession. C. Minimum Amounts of Insurance The Provider shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Page 55 of 147 Page 4 of 11 D. Other Insurance Provision The Provider’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Provider’s insurance and shall not contribute with it. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Verification of Coverage The Provider shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. G. Notice of Cancellation The Provider shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. H. Failure to Maintain Insurance Failure on the part of the Provider to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Provider to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Provider from the City. I. City Full Availability of Provider Limits If the Provider maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Provider, irrespective of whether such limits maintained by the Provider are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Provider. 7. Indemnification Page 56 of 147 Page 5 of 11 Provider shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Provider and the City, its officers, officials, employees, and volunteers, the Provider's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Provider’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. The Parties intend for the provisions of this section to apply beginning January 1, 2020, and shall survive the expiration or termination of this Agreement. 8. No Leasehold Interest. This Agreement does not convey to the Auburn Food Bank a leasehold interest. 9. Dispute Resolution. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the Parties agree that, notwithstanding such dispute or conflict, the Parties will continue to make a good faith effort to continue to cooperate and continue to work toward successful completion of the services outlined in Exhibit A. In the event that any party believes another party has breached a term of this Agreement, it may request in writing that the Parties meet and confer in good faith for the purpose of attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days of the date of service of the request. 10. Agreement Interpretation. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and are not part of this Agreement. The singular will include the plural and vice versa and masculine, feminine and neuter expressions are interchangeable. Interpretation or construction of this Agreement will not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the Parties. 11. Non-Availability of Funds. Every obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligation; and if funds are not Page 57 of 147 Page 6 of 11 allocated and available for the continuance of this Agreement, then this Agreement may be terminated by the City at the end of the period for which funds are available. The City makes no commitment to support the services contracted for and assumes no obligation for future support of the activity or services contracted herein expect as expressly set forth in this Agreement. 12. Termination for Cause. If the City concludes that the Auburn Food Bank has failed to comply with the terms and conditions of this Agreement, or has failed to use the City funds only for those activities identified in Exhibit A, or has otherwise materially breached one or more of the covenants in this Agreement, the City may at any time, at its discretion, provide written notice to the Auburn Food Bank and terminate the Agreement. The Notice of Termination for Cause will be in writing with the reason(s) for the termination, and will specify the effective date of the termination. The Auburn Food Bank will be allowed at least five (5) calendar days to cure the reasons for termination. If the breach is not cured within five (5) days, the City may recover all prior payments to the Auburn Food Bank from the City made within 60 days of the Effective Date. The City may, in its sole discretion, by written notice to the Auburn Food Bank, immediately terminate this Agreement, if it is found after due notice and examination by the City that there is a violation of the Ethics in Public Service Act, Chapters 42.23 and 42.52 RCW. 13. Termination for Convenience. The City reserves the right to terminate this Agreement for the convenience of the City by delivery of a Notice of Termination with the effective date. The City may withhold all further payments to the Auburn Food Bank after the date of Notice of Termination. 14. Prohibited Discriminatory Actions. The Auburn Food Bank may not, under any program or activity to which this Agreement applies, directly or through contractual or other arrangements, discriminate on the grounds of age, color, creed, familial status, nationality, religion, race, sexual orientation, or the presence of any physical, mental, or sensory disability. The Auburn Food Bank will comply with all applicable federal, state and local non- discrimination laws and/or policies, including, but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the Auburn Food Bank’s noncompliance or refusal to comply with any non- discrimination law or policy, this Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Auburn Food Bank may be declared ineligible for further agreements with the City. The Auburn Food Bank is responsible for any and all costs or liability arising from any failure to so comply with applicable law. Page 58 of 147 Page 7 of 11 15. Records. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings, and any other materials created or otherwise prepared by the Auburn Food Bank and transmitted to the City as part of performing this Agreement will be owned by and become the property of the City. The Auburn Food Bank agrees that it will comply with the Washington Public Records Act, if required, and shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Provider in complying with the Washington Public Records Act. 16. Personal Information-Notice of Security Breach. The Auburn Food Bank agrees to notify the City of any breach of the security of any personal information data immediately following discovery if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person in accordance with RCW 42.56.590. In the event of a security breach, the Auburn Food Bank is responsible for notifying individuals whose personal information may have become available to unauthorized users. 17. Inspection & Audit. All compensation payments will be subject to adjustments for any amounts to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement will be subject to inspection and audit by the City for a period of three (3) years from the final payment for work performed under this Agreement. If any litigation, claim, dispute, or audit is initiated before the expiration of the three (3) year period, all records and books of accounts pertaining to any work performed under this Agreement will be retained until all litigation, claims, disputes, or audits have been finally resolved. 18. Limitations. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of the parties or as requiring the parties to expend any sum in excess of its appropriations. 19. Force Majeure. No party to this Agreement will be held responsible for delay or default caused by terrorism, pandemics, natural disasters, riots, acts of god and/or war that is beyond the reasonable control of the parties. 20. Severability. Page 59 of 147 Page 8 of 11 Each provision of this Agreement is intended to be severable, and if any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity will not affect the validity of the remainder of this Agreement. 21. Amendment, Assignment & Waiver Provisions. No amendment, modification, or waiver of any condition, provision, or term of this Agreement will be valid unless it is made in writing, signed by the party or parties to be bound, or the duly authorized representatives thereof, and specifies, with particularity, the nature and extent of such amendment, modification, or waiver. The failure of either party at any time to require performance by another party of any provisions of this Agreement will in no way affect the party’s subsequent rights and obligations under that provision, and waiver by any party of the breach of any provision of this Agreement will not be taken or held to be a waiver of any succeeding breach or as a waiver of any provision. 22. Integration & Binding Effect. This Agreement, together with any subsequent amendments or addendums, constitutes the entire agreement of the Parties and no other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the Parties. This Agreement is binding on the Parties and their respective successors and assigns, provided that this Section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties and it does not create a contractual relationship with, or exist for the benefit of, any third party, including contractors, subcontractors, or their sureties. 23. Choice of Law. This Agreement and the rights of the parties will be governed and interpreted in accordance with the laws of the State of Washington and venue for any action will be in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation will commence no later than the substantial completion by the Provider of the services. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs and attorneys’ fees generated by any dispute arising out of this Agreement. 24. Notices, Reports & Correspondence. All notices or communications permitted or required to be given under this Agreement will be in writing and will be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to Page 60 of 147 Page 9 of 11 a person not a party to this Agreement, to the address designated by a party to this Agreement. All notices, reports, and correspondence will be sent to: City of Auburn Auburn City Hall Attn: Jamie Thomas 25 West Main St. Auburn, WA 98001-4998 (253) 804-5019 jdthomas@auburnwa.gov The Auburn Food Bank Auburn Food Bank Attn: Debbie Christian 930 18th Pl SE Auburn, WA 98002 (253) 833-8925 Fax (253) 833-1332 25. Signature Authority. This Agreement may be executed in counterparts, each of which will be one and the same Agreement and will become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Nancy Backus, Mayor Date AUBURN FOOD BANK By Title Federal Tax ID # Date APPROVED AS TO FORM: Kendra Comeau, City Attorney Page 61 of 147 Page 10 SCOPE OF SERVICES Exhibit A The Auburn Food Bank will operate a night shelter for individuals experiencing homelessness. The provision of shelter shall not be conditioned upon participation in religious activities or subject to other religious requirement, nor limited to a certain duration for each individual. The Auburn Food Bank will: • Provide appropriate staff from 8:30 PM to 7 AM, 7 days a week, for the low-barrier overnight housing in the building located at 2802-2818 Auburn Way North in Auburn; • Comply with applicable health codes, rules, and regulations in performing nighttime sheltering services; • Offer 1 cot and 1 blanket to each individual at the shelter; • Provide a weekly report to the City's Director of Administration and the City’s Finance Director of: (1) the nightly population receiving sheltering services; (2) basic demographics of individuals staying at the nighttime shelter; and (3) a numerical count of how many persons were turned away each night due to shelter capacity. Page 62 of 147 Page 11 COMPENSATION EXHIBIT B The City agrees to compensate the Auburn Food Bank in the amount of One Hundred Fifty Thousand Dollars ($150,000) for the provision of work as required in the Scope of Services, Exhibit A, and for the year of 2021. The City agrees to compensate the Auburn Food Bank in the amount of One Hundred Fifty Thousand Dollars ($150,000) for the provision of work as required in the Scope of Services, Exhibit A, and for the year of 2022. Page 63 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5580 (Hinman)(10 Minutes) Date: January 6, 2021 Department: Administration Attachments: Res olution No. 5580 MD 500 Term Sheet Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: City Council to approve Resolution No. 5580. Background Summary: The Auburn Airport has land available for development of aircraft hangars. The development of hangars like these being proposed by the developer will help satisfy demand for this type of product, while also bringing added revenue to the airport and a positive economic impact to the City. Rev iewed by Council Committees: Councilmember:Staff: Meeting Date:January 11, 2021 Item Number: Page 64 of 147 ---------------------------- Resolution No. 5580 January 5, 2021 Page 1 of 2 RESOLUTION NO. 5580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE, ON BEHALF OF THE CITY, AN AIRPORT LAND LEASE WITH MD 500 DEVELOPMENT, LLC WHEREAS, The Auburn Municipal Airport has land identified in its 2015 Airport Master Plan for the development of aircraft hangars; and WHEREAS, MD 500 Development LLC has expressed interest in developing hangars on the Airport Master Plan’s SE development site; and WHEREAS, Construction of the proposed hangars would help satisfy both a local and regional demand while also bringing added revenue to the airport and a positive economic impact to the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is authorized to negotiate and execute two separate land leases (Site A and Site B) between the City of Auburn and MD 500 Development LLC, which shall be in substantial conformity with the attached “Term Sheet”. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. MD 500 Development, LLC as tenant is authorized to sublease the individual hangar units to different aeronautical users. Section 4. This resolution will take effect and be in full force on passage and signatures. Page 65 of 147 ---------------------------- Resolution No. 5580 January 5, 2021 Page 2 of 2 Dated and Signed: CITY OF AUBURN ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Page 66 of 147 Auburn Airport Land Lease(s) / SE Development Site January 5, 2021 MD 500 Development LLC as “Tenant” Term Sheet Premises: Site A: 34,158 +/- square feet Site B: 71,800 +/- square feet Together depicted in Exhibit A Site A & B to each be governed by separate lease agreements Term: The term will run for 30 years following Lease Commencement Lease Rate: $0.825/sq ft./yr. Lease payments for each site to begin upon the earlier of the City’s issuance of an ACC 15.07.100 Certificate of Occupancy for that site or May 1, 2022 whichever comes first, Leasehold Tax: The City shall impose and collect the RCW 82.29A Leasehold Tax of 12.84% on the Tenant’s taxable monthly rental payments. Lease Rate Adjustment Schedule (Post Construction) Adjusted annually by CPI-W August over August. Except in those years where rates are adjusted by the Fair Market Value appraisals. Fair Market Value (FMV) adjustment January 1 of Calendar years ending in “0” & “5” with first FMV adjustment to begin January 1, 2025. FMV will be determined by an appraisal conducted by an MAI certified appraiser commissioned by and at the expense of the Landlord no more than 12 months prior to the date the new FMV rate shall take effect. In no event shall the new rate, (as determined by either a negative CPI or the most current appraisal) be less than the then current existing rate. Improvement Type: Tenant will submit improvement construction plans that fully comply with City of Auburn and/or FAA standards for Airport development and hangar construction. Hangars must meet a minimum unit count, size and quality standard for the following sites: DocuSign Envelope ID: 742AA2D2-D23F-45A1-86B4-B670A4FAEF3D Page 67 of 147 Site A: Nested T-Hangars with a building footprint roughly 437ft in width by 60ft in depth consisting of no less than 17 individual units. Individual units will have electric doors no less than 48ft of clear width and14ft of clear height. Amenities to be included: Single power meter with sub-meter capacity for each unit, compressed air available for each unit, fully insulated walls and ceiling in each unit, a building restroom and Wi-Fi. Site B: Box Hangars with a building footprint roughly 390ft in width by 62ft in depth consisting of no less than 6 individual units. Individual units will have a minimum width of 65ft with doors electric doors having no less than 59ft of clear width and no less than 16ft of clear height. Other amenities to be included in each unit include: Individually metered three-phase 208V power w/ additional upgrade capacity, individually metered water, reduced backflow prevention, fully insulated walls and ceiling, plumbing stubs for restroom (sink & latrine) and structural integrity to accommodate future mezzanines. Improvement Development Commencement & Schedule Improvements for both sites to be developed and constructed simultaneously under the same construction schedule. Civil development to begin no later than May 1, 2021. Ownership of Improvements Ownership of all site improvements shall revert to the landlord upon Lease termination or expiration. City shall have no ownership or leasehold interest in the constructed improvements contemplated in these leases unless and until a lease expires or is terminated by the Parties. Condominiumization: Tenant shall not condominiumize any of the Hangars without City written approval, given at the City’s sole discretion. Asphalt and Pavement Maintenance Tenant is responsible for the Asphalt and Pavement Maintenance for the vehicle parking and apron areas located within the lease premises. Airport Design Review Prior to submitting construction plans to the City of Auburn for permitting, Airport and Tenant will work together to establish a legal and acceptable design for the proposed Hangars. Landlord Approval of Subtenants: Tenant shall submit to Landlord a request for approval of any proposed subtenant, tenant wishes to sublease a unit in Site B to. At a minimum Tenant’s request for sublease consent shall include: • Name of the proposed subtenant • Use of the subleased space • Copy of the proposed Sublease terms DocuSign Envelope ID: 742AA2D2-D23F-45A1-86B4-B670A4FAEF3D Page 68 of 147 • Subleases financial statements including: (previous two years of tax returns & 12 months of bank statements) Part 77 requirements All Hangar construction shall meet 14 C.F.R. Part 77 requirements Minimum Airport Standards & Aeronautical Uses This lease and any subleases will be subject to City of Auburn policies 100-80 and 100-81 (Airport Rules & Regulations), as currently written or hereafter amended. All hangars must be used solely for aeronautical purposes per FAA policy (81 FR 38906) Auburn City Council: The terms contained within are subject to the ratification as may be amended of the Auburn City Council. Both parties will take reasonable steps to execute a formal lease being in substantial conformity to the agreed upon terms within 60 days of Council’s approval. Each party by signing below acknowledges and agrees to the terms as set forth above. Tenant Landlord Signature: ________________________ Signature: __________________________ Print Name: ______________________ Print Name: ________________________ Title: ___________________________ Title: ______________________________ Date: __________________________ Date: ______________________________ DocuSign Envelope ID: 742AA2D2-D23F-45A1-86B4-B670A4FAEF3D 1/5/2021 Partner Scott Griffin Page 69 of 147 Cover Sheet Exhibit A to the Term Sheet Site A & B Land Lease Depictions (Term Sheet between MD 500 Development LLC & City of Auburn) DocuSign Envelope ID: 742AA2D2-D23F-45A1-86B4-B670A4FAEF3D Page 70 of 147 Revised Area = 71,800 sq ft Revised Area = 34,158 sq ft 45'115'25'45'45'DocuSign Envelope ID: 742AA2D2-D23F-45A1-86B4-B670A4FAEF3D Page 71 of 147 AGENDA BILL APPROVAL FORM Agenda Subject: King County District Court ILA (Martinson)(30 Minutes) Date: January 6, 2021 Department: Human Resources Attachments: KCDC Contract - Summary KCDC Preliminary ILA KCDC Court Contract - Current Budget Impact: Current Budget: Dependent upon case filings, 2019 actuals: $1,684,129 Proposed Revision: Dependent upon case filings Revised Budget: Dependent upon case filings Administrativ e Recommendation: Staff recommends Council authorize the Mayor to execute the continuation of the Interlocal Agreement with King County District Court for provision of Municipal Court Services. Background Summary: Since November 1, 2012, Auburn has provided for adjudication of infractions and misdemeanors committed within Auburn through an agreement with King County District Court (KCDC). KCDC provides court services for the City at the Auburn Courthouse. The current contract expires December 31, 2021. The 12 current contracted cities have been negotiating a new contract with KCDC for the last year. The proposed Interlocal Agreement’s termination date is December 31, 2034, since the termination must align with a judicial election year. Rev iewed by Council Committees: Page 72 of 147 Municipal Services Councilmember:Staff:Martinson Meeting Date:January 11, 2021 Item Number: Page 73 of 147 KING COUNTY DISTRICT COURT CONTRACT Since November 1, 2012, Auburn has provided for adjudication of infractions and misdemeanors committed within Auburn through an agreement with King County District Court (KCDC). KCDC provides court services for the City at the Auburn Courthouse. The current contract expires December 31, 2021. The 12 current contracted cities have been negotiating a new contract with KCDC for the last year. The proposed Interlocal Agreement’s termination date is December 31, 2034, since the termination must align with a judicial election year. BACKGROUND City Obligations Under Washington State law (RCW 39.34.180), cities are responsible for providing criminal justice services for misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions. This includes court, jail, prosecution, and public defense services. The County provides for felony, juvenile, family, civil, and small claims cases through District or Superior Court. Cities must carry out their criminal justice responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services. Cities are obligated to pay for the costs of prosecution and incarceration of persons committing infractions and misdemeanors within the city. The Auburn City Attorney’ Office administers prosecuting attorney services and staff. The City currently uses South Correctional Entity (SCORE) Jail. The City is required to provide indigency screening and public defense services to individuals who are determined to be indigent or nearly indigent and unable to afford representation themselves. This representation must occur at all criminal hearings, motions, and trials. The Human Resources/Risk Management Department administers contracts for indigency screening services and public defense attorney services and staff. King County District Court Of the cases filed annually with King County District Court, approximately 40% of the filings are the result of service contracts with cities. The remaining 60% of the filings are King County’s exclusive responsibility. The cities that currently contract for King County District Court services are Auburn, Beaux Arts, Bellevue, Burien, Carnation, Covington, Duvall, Kenmore, Redmond, Sammamish, Shoreline, and Skykomish. The District Court currently holds court and provides public access at 10 facilities located throughout King County including Auburn, Bellevue, Burien, Issaquah, King County Courthouse (Seattle), King County Jail (Seattle-jail calendars only), Redmond, Maleng Regional Justice Center (Kent), Shoreline, and Vashon Island. Page 74 of 147 Development of Court Services Shared Cost Model In 2003, the King County Executive gave notice that the County would terminate the interlocal agreement for court services provided by King County District Court (KCDC) effective January 1, 2005. The King County Executive wanted to terminate the existing agreement and begin negotiations for a subsequent agreement as a way to address the Executive’s belief that King County was providing a $3 million annual subsidy towards court services provided to the cities when analyzed using a full cost recovery methodology. The consensus of the contract cities at the time was to develop a number of options to compare and review before deciding how court services would be provided in the future. As a reminder, Auburn had its own municipal court at this time. One of the options the cities pursued was continuing to work with King County for the provision of municipal court services and updating the cost model to ensure cities were paying their proportional share of court costs. King County and the cities were able to come to an agreement on a shared cost model and have operated under that model since January 1, 2007, with the most recent update to the cost model in 2017. The cost model ensures that a contract city pays for the KCDC staff and facility time that is used each time a case is filed. The cost is assigned by filing type and was based on a time study of the average clerk and judicial time used to process the case. For example, a traffic infraction case filing uses less court operations to service than a driving under the influence case filing, and the cost model took those differences into consideration when determining what each type of filing costs a city. The cost model also takes into consideration facility costs used by King County and the cities to process cases. This includes security costs for Auburn. The cost model charged the city a prorated basis of facility costs based on their percentage of case filings at that facility. The Auburn Courthouse is used by King County and Covington, so each agency pays a portion of the total facility costs. Current Court Usage The courthouse facility is staffed with 2 judges depending on caseloads. In 2019, the last year for which we have complete records, and was not impacted by the COVID-19 pandemic, the City’s caseload at Auburn District Court included: Type of Offense Number of Cases Percent of Total Traffic Infractions 4,302 38.49% Infractions (non-traffic) 109 0.98% Driving Under the Influence (DUI) & Physical Control 200 1.79% Traffic Misdemeanors 793 7.10% Misdemeanors (non-traffic) 2,075 18.57% Parking Infractions 3,697 33.08% Total Cases 11,176 More information on the current Interlocal Agreement, which is effective January 1, 2007, through December 31, 2021, is attached. Page 75 of 147 DISCUSSION The third, 5-year term of the current contract ends on December 31, 2021. The contract cities who negotiated the proposed Interlocal Agreement (Attachment A) determined that each city would bring the proposed interlocal agreement before each respective City Council for discussion and possible approval approximately 12 months before the contract would begin. This is important due to the cost model implications of any city deciding not to go forward, since the cost model spreads fixed costs across the contracted cities and King County. If one or more cities were to end their participation, the fixed costs proposed to be shared by the parties would increase. Depending on which city were to end their participation, these cost increases could be significant. Contract Terms Updates to the agreement terms were primarily to improve clarity or ensure the agreement conforms with current laws and the Washington Supreme Court General Rules, which outline the authority and rules of the district courts. The cost model has been updated to better reflect the intent that the parties pay only for the services, staff, and facility space used in conducting their business. A significant change in the cost model is that unused facility space (owned by the County) would be the responsibility of King County instead of all parties in a facility being charged a pro rata portion of the facility based on cases. Significant terms of the agreement are summarized here: Term and Termination: The term extensions have been aligned with the judicial election years as required by Washington State law. Termination notice has been moved to 23 months prior to an effective date of a contract extension to allow contract cities to adjust budgets and/or plan for the alternative provision of municipal court services. The first term is for five years, with the option for two 4-year automatic extensions. Services and Decision-making: Defines District Court services as including all local court services imposed by Washington State statue, court rule, individual City ordinance, or other regulations. While General Rule (GR) 29 requires that ultimate decision-making authority regarding the management and administration of the District Court remain with the Presiding Judge, this section of the agreement outlines what decisions are to be made with consultation with the contract cities, as well as what decisions GR 29 does not cover, and how those decisions would be made with or by the contract cities. Issues covered in this section include, among others, case management processing and management; customer service; probation services; regular court calendars; and judicial services. Oversight Committees: The agreement continues the use of the two existing oversight committees: District Court Management Review Committee (DCMRC) and Court Facility Management Review Committees (CFMRC). Page 76 of 147 District Court Management Review Committee (DCMRC): The DCMRC addresses system-wide issues related to the District Court Services provided in the Interlocal Agreement. The Committee will continue to consist of the District Court Chief Presiding Judge, the District Court Chief Administrative Officer, any other District Court representatives designated by the District Court Chief Presiding Judge or Chief Administrative Officer, a representative of the King County Executive, and one representative or designee for each Participating City. DCMRC meets quarterly and conducts a cost and fee reconciliation at least annually as part of its responsibilities. Court Facility Management Review Committees (CFMRC): Facility level issues related to the Agreement will continue to be addressed by the CFMRC established for each facility, taking into consideration guidance from the DCMRC. The CFMRC for each Division/Facility shall consist of the judges at that facility, the Division presiding judge, the Division director, the court manager, the City prosecutor/attorney, City public defender, and such other representatives as the City or the District Court wishes to include. CFMRC meetings monthly unless the group agrees to cancel. Facilities: The agreement covers the use of existing King County facilities (not applicable to Auburn); what to do in the event of temporary or permanent closure/relocations; what is included in annual facility charges; and capital improvement projects. Annual Facility Costs are additionally addressed in Exhibit A and Exhibit B of the agreement. Revenue and Filing Fees: This section outlines how and when filing fees are established; the annual reconciliation process undertaken by DCMRC; how the City may use its local court revenue to pay for District Court Services; as well as other revenue and filing fee issues. One-time Costs for District Court Technology and System Improvement Projects: One-time costs for technology and system-wide improvements, such as the recently finished Case Management System upgrade, benefit both District Court and the contract cities. There was agreement between the District Court and the contract cities that District Court should continue to innovate and improve, and that contract cities believe they should contribute towards the improvements for which they benefit. District Court will involve the contract cities in planning such improvements, which can come at the request of the contract cities. Contract cities will contribute each year to a reserve fund set up under the current agreement to cover the related one-time costs. Auburn’s share of this contribution is, and will continue to be, based on Auburn’s total weighted filings amongst the other cities. Dispute Resolution: If an issue is unable to be resolved by the parties, this section outlines the various dispute resolution processes that may be followed, including using the DCMRC committee, non-biding mediation, or invoking the termination provision of Page 77 of 147 the Agreement. The City waves and releases any right to invoke binding arbitration related to this agreement. RESOURCE/FINANCIAL IMPACT Court services provided by King County District Court are billed based on usage. The amount of court services used are impacted by City policies, type and frequency of police emphasis patrols, and types of cases filed by the City Prosecutor’s Office. RECOMMENDATION Staff recommends Council authorize the Mayor to execute the continuation of the Interlocal Agreement with King County District Court for provision of Municipal Court Services. ATTACHMENTS Attachment A: Interlocal Agreement for Court Services effective January 1, 2022 Page 78 of 147 12/3/2020 1 INTERLOCAL AGREEMENT FOR PROVISION OF DISTRICT COURT SERVICES BETWEEN KING COUNTY AND THE CITY OF ____________ THIS INTERLOCAL AGREEMENT (“Agreement”) FOR PROVISION OF DISTRICT COURT SERVICES BETWEEN KING COUNTY (“County”) AND THE CITY OF _________ (“City”) is entered on this _____ day of __________, 2020. County and the City may be referred to herein collectively as the “Parties” and individually as a “Party.” RECITALS 1. On August 22, 2006, the County and the original Participating Cities entered into an Interlocal Agreement for Provision of District Court Services (“2006 Agreement”). As of January 1, 2020, Auburn, Beaux Arts, Bellevue, Burien, Carnation, Covington, Duvall, Kenmore, Redmond, Sammamish, Shoreline, and Skykomish are Parties to the 2006 Agreement. The 2006 Agreement expires December 31, 2021, thereby requiring a new interlocal agreement for District Court services. 2. Under the 2006 Agreement, the County is providing the City with District Court services at the King County District Court – __________ Division, _______________ Courthouse (“______________District Court”) located at ______________________________________, Washington and the City is sharing in the King County District Court system costs with the other Participating Cities. 3. It is the intent of the County and the Participating Cities to establish mechanisms within this Agreement to ensure court services, case processing, and court operations are delivered as consistently as possible within each District Court, including, for the City, the ______________District Court, and across the King County District Court system. 4. The County and the Participating Cities have established within this Agreement a process under which District Court services, facilities, and costs can be mutually reviewed. 5. The Parties acknowledge that they and the public they together serve have benefited from the flexible and collaborative approach to problem solving that historically has defined the relationship between the Parties and wish to memorialize and continue that approach in this Agreement. 6. The Parties’ relationship has yielded many successes, including implementation of Community Court, the stabilization of the call center, and execution of the Case Management System (CMS) project. 7. The Parties understand that a successful partnership is achieved when the County and the Cities pay for the services each uses in order to have a true reconciliation of the costs to provide such services to the public. Page 79 of 147 12/3/2020 2 8. The Parties embrace the value of collaboration and transparent communication to seamlessly meet the needs of our changing metropolitan region related to criminal justice services. 9. The County will continue to support a unified, County-wide District Court, utilizing existing facilities, to provide for a more equitable and cost effective system of justice for the citizens of King County. The County will continue to: A. Ensure District Court facilities promote system efficiencies, quality services and access to justice; B. Consolidate District Court facilities that exist in the same city; C. Reconsider facilities if there are changes with Participating Cities or changes in leases; D. Work with the Participating Cities to develop a facility plan as it relates to the District Court and District Court related services. 10. In entering into this Agreement for District Court Services, the Participating Cities and County have considered, pursuant to RCW 39.34.180, the anticipated costs of services, anticipated and potential revenues to fund the services, including fines and fees, filing fee recoupment, criminal justice funding, and state sales tax funding. 11. With this Agreement, the Parties intend to provide sufficient revenue to the County to allow for the continued provision of District Court services and provide the City with a service level commensurate with that revenue. NOW THEREFORE, in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: DEFINITIONS Words and terms shall be given their ordinary and usual meanings. Where used in the Agreement and Exhibits, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, feminine and neutral form of the words and terms. City/Participating City: An individual city. Cities/Participating Cities: The Cities that have contracted with King County for District Court services, collectively. Court/District Court: The branch of government within King County tasked with providing District Court services to the County and to the Participating Cities. Page 80 of 147 12/3/2020 3 Court Facility Management Review Committee (CFMRC): A committee that is facility-specific and includes representatives from the County as well as individual Cities served by that facility to discuss facility-level issues. A committee having a different name but serving in this capacity is considered a CFMRC. District Court Management Review Committee (DCMRC): A committee that includes a representative from all of the Participating Cities to discuss system-wide issues. District Court System: The King County District Court system as a whole. Effective Date: January 1, 2022 KCC: King County Courthouse in Seattle, WA. MRJC: Maleng Regional Justice Center in Kent, WA. Regular Calendar: A recurring court calendar which requires the attendance of a judge, court staff, and an individual City’s prosecutor, public defender, and/or police officers. 1.0 TERM AND TERMINATION 1.1 Term. This Agreement shall be effective as of January 1, 2022 and shall remain in effect for an initial term of five (5) years ending on December 31, 2026. Unless terminated or extended pursuant to Section 1.2, this Agreement shall be automatically extended on the same terms and conditions as follows: a. For a four (4) year term thereafter commencing January 1, 2027, and expiring on December 31, 2030 (the “First Extension”); and b. For a four (4) year term thereafter commencing January 1, 2031, and expiring on December 31, 2034 (the “Second Extension”). 1.2 Termination and Notice of Termination. This Agreement is terminable by the County, without cause and in its sole discretion, if County provides written notice to the City(ies) it seeks to terminate. Any Participating City may individually terminate its participation in this Agreement, without cause and in its sole discretion, by providing written notice to the County. The terminating party shall provide notice (electronic notice is permitted for this notification only) to all other Participating Cities. Notice of termination shall be provided no later than the following dates: Initial Term: By February 1, 2025 for termination effective December 31, 2026 First Extension: By February 1, 2029 for termination effective December 31, 2030 Second Extension: By February 1, 2033 for termination effective December 31, 2034 It is the County’s and the Participating Cities’ intent for Section 1.2 to provide as much or more notice than required by the provisions of RCW 3.50.810 and RCW 35.20.010(3) Page 81 of 147 12/3/2020 4 and (4) in effect on the Effective Date of this Agreement. If the RCWs are amended to require more notice than Section 1.2 provides, such longer notice requirement shall apply. 1.3 Extension pending conclusion of negotiations with respect to amending Agreement. The County and the Participating Cities may agree in writing to extend any term of this Agreement upon the same terms and conditions if they are negotiating in good faith for amendments to the Agreement. The extension shall be such that expiration of the Agreement occurs not less than 18 consecutive months after the end of good faith negotiations. The end of good faith negotiations may be declared in writing by the County or any individual City. Following such declaration, there shall be a thirty (30) calendar day period in which the County or any individual City may provide written notice to the County or all of the Participating of its intent to let the Agreement expire at the end of the extended Agreement term. 2.0 SERVICES; OVERSIGHT COMMITTEES 2.1 District Court Services Defined. The County and District Court shall provide District Court Services for all Participating Cities’ cases filed by a Participating City in its assigned King County District Court. District Court Services as used in this Agreement shall mean and include all local court services imposed by Washington State statute, court rule, individual City ordinance, or other regulations as now existing or as hereafter amended, including but not limited to the services identified in Section 2 of this Agreement. Nothing in this Agreement shall permit the Participating Cities, collectively or individually, to regulate the administration of the Court or the selection of particular judges to hear its cases by City ordinance. District Court services may include Community Court services which shall be billed in the same manner as other cases filed by a Participating City in its assigned King County District Court. 2.2 Decision-Making. The County and the Participating Cities recognize that General Rule (GR) 29 requires that the ultimate decision-making authority regarding the management and administration of the Court rests with the Presiding Judge and/or the Division Presiding Judge, and the County and the Participating Cities recognize that the duties imposed by GR 29 are non-delegable except as provided otherwise in GR 29. The provisions of Sections 2.1 through 2.2.7 of this Agreement are subject to GR 29 and the non-delegable duties and responsibilities of the Presiding Judge and/or the Division Presiding Judge contained therein. 2.2.1 Case Processing and Management. The County and District Court shall remain responsible for the filing, processing, adjudication, and penalty enforcement of all Participating Cities’ cases filed, or to be filed, by a Participating City in its assigned District Court, whether criminal or civil. Such services shall include but not be limited to: issuance of search and arrest warrants; interpreters for Court hearings, the conduct of motions and Page 82 of 147 12/3/2020 5 other evidentiary hearings; pre-trial hearings; discovery matters; notifications and subpoenaing of witnesses1 and parties prior to a scheduled hearing; providing to a Participating City prosecutor (and contract Participating City prosecutor who has signed the required Department of Licensing confidentiality agreement), complete Court calendars, the conduct of bench and jury trials; pre-sentence investigations; sentencing; post-trial motions; the duties of the Courts of Limited Jurisdiction regarding appeals; and any and all other Court functions as they relate to municipal cases filed by the Participating City in its assigned District Court. 2.2.2 Changes in Court Processing. Except when determined by the Presiding Judge that a shorter notice period is necessary, the District Court shall provide a Participating City’s designated representative(s) DCMRC with sixty (60) calendar days written notice by U.S. Mail or e-mail prior to changes in Court processing procedures that directly impact a Participating City’s operations (e.g. may require additional prosecutor or public defense services) in order to provide the Participating City with adequate time to assess the effect of proposed changes on the Participating City’s operations, unless a shorter timeframe for notice is mutually agreed upon by the County and the Participating City through the CFMRC. 2.2.3 Customer Service. The District Court shall provide a means for the public to contact the Court by telephone, including transferring the caller to a particular Court facility if requested, and front counter access to each Court facility during regular business hours, without lengthy wait. District Court shall provide quarterly reports to the DCMRC on its public access. District Court shall work with the Participating Cities through the DCMRC to address any customer service concerns. In order to minimize workload on District Court staff, the Participating City prosecutor, City public defenders, and City paralegal staff shall have access to their assigned District Court court files through the Court’s portal at no additional cost in order to most efficiently obtain necessary information. 2.2.4 Probation Services. The County shall provide probation services unless a Participating City elects to provide its own probation services and notifies the County in writing that it does not wish the County to provide probation services. A Participating City shall provide such notice at least six (6) months prior to January 1 of the year in which probation services shall be discontinued. The County shall provide a Participating City not less than twelve (12) months written notice if the County intends to terminate probation services to a Participating City. Notwithstanding this provision, the County may terminate probation services upon not less than six (6) months advance written notice to the City if (a) the County is unable to 1 When District Court issues subpoenas for witnesses the information contained in the subpoena including addresses and names is not confidential and is part of the public record. Page 83 of 147 12/3/2020 6 procure sufficient primary or excess insurance coverage or to adequately self-insure against liability arising from the provision of probation services, and (b) the County ceases to provide probation services throughout King County District Court system. 2.2.5 Regular Court Calendars. 2.2.5.1 A Participating City budget for court services assumes a finite number of Regular Calendars. The Participating City's Regular Calendars shall remain scheduled as set forth on Exhibit D to this Agreement. Any Regular Calendar that is to occur on a day other than the day or days specified on Exhibit D shall require the mutual consent of the County and any Participating City that would be impacted by such change. However, a Participating City's prior consent shall not be required if a Regular Calendar is moved to the next judicial day or other day mutually agreed upon in order to make up a day which the District Court was closed due to a Court holiday, inclement weather, emergency circumstances. Prior consent shall not be required to reschedule calendars for judges to attend judicial conference if the calendars moved are those calendars that City prosecutors or public defenders do not normally attend. 2.2.5.2 The provisions of Section 2.2.5.1 regarding Regular Calendars do not apply to other judicial functions and hearings, including but not limited to, jail hearings at the King County Jail (Seattle or Regional Justice Center) or the SCORE Jail hearings or trials that cannot be set on a Participating City’s Regular Calendar due to time limitations or transport issues, search warrants, infraction hearings where a Participating City prosecutor or public defender is not required to be present, or mitigation hearings. 2.2.5.3 The County and an individual Participating City are encouraged to work collaboratively to adjust the number of Regular Court Calendars by agreement at any time during the course of this Agreement as necessary for the efficient operation of the District Court. If either the County or a Participating City believes that the number of Regular Court Calendars that a Participating City has are either insufficient or too numerous, then that party shall request a meeting by March 31st of a given calendar year to confer regarding the number of Regular Court Calendars. If the County and a Participating City are unable to agree on changes by April 30th of that calendar year, the Presiding Judge, with the concurrence of the executive committee of the District Court, shall determine the number of Regular Court Calendars that the District Court believes will be sufficient to manage the Participating City’s case load with consideration of the caseloads and number of hearings of comparable Participating Cities also being served by the District Court Page 84 of 147 12/3/2020 7 and the County’s caseload. The County shall provide notice to the Participating City of the required changes no later than May 31st of the same calendar year for implementation on January 1 of the subsequent calendar year. 2.2.6 Participating City Judicial Services. Not later than September 30, the Participating Cities2 whose cases are primarily heard at the same District Court facility shall submit in writing to the Chief Presiding Judge a pool of District Court judges who may hear these Participating Cities’ Regular Calendars beginning the next calendar year. The pool shall consist of not less than 75 percent of the judges elected or appointed to the judicial district wherein the facility is located. Within thirty (30) calendar days of an election or notice to the applicable Participating Cities of an appointment of a new judge within the judicial district, the Participating Cities shall be entitled to recreate their pool of District Court judges (“Recreated Pool”). The Recreated Pool shall take effect within thirty (30) calendar days of submission of the pool. In the case of an election, the Recreated Pool shall take effect the next calendar year following the election. Except when the Chief Presiding Judge deems an alternative assignment is necessary, the Chief Presiding Judge shall assign judges from these Participating Cities’ pool, whether the original pool or a Recreated Pool, of judges to hear their Regular Calendars. If no pool of judges is submitted by the Participating Cities at a particular facility, the Chief Presiding Judge may assign any judge of the King County District Court system to hear the Regular Calendars at that facility. All other judicial functions and hearings that are not set on a Participating City's Regular Calendars can be heard by any judicial officer of the District Court against whom an affidavit of prejudice has not previously been filed that would prevent the judicial officer from hearing the matter. Each party shall notify the other party via email, telephone, or meeting (between the Cities’ DCMRC representative and the Chief Presiding Judge or designee) when there will be a change or action impacting judicial assignments so the parties may discuss potential impacts prior to the change being finalized. This notice requirement does not apply to short-term judicial coverage that lasts up to one month. 2.2.7 The County shall provide all necessary personnel, equipment and facilities to perform the foregoing described District Court Services in a timely manner as required by law and court rule. 2.3 District Court Management Review Committee (DCMRC). 2.3.1 System-wide issues related to the District Court Services provided pursuant to this Agreement will be monitored and addressed through a District Court Management Review Committee. The Committee shall consist of the District Court Chief Presiding Judge, the District Court 2 Procedures of this section shall also apply if only one City is using a court facility. Page 85 of 147 12/3/2020 8 Chief Administrative Officer, any other District Court representatives designated by the District Court Chief Presiding Judge or Chief Administrative Officer, a representative of the King County Executive, and one representative or designee for each Participating City. On or before the effective date of this Agreement, a Participating City shall identify in writing to the Chief Presiding Judge the name, phone number, e-mail and postal address of its representative and to whom notice as provided in this Section shall be sent. If a Participating City wishes to change the information provided to the Chief Presiding Judge, it shall notify the Chief Presiding Judge in writing at least seven (7) calendar days prior to the change. A Participating City may send its representative or designee to the DCMRC meetings. 2.3.2 The DCMRC shall meet at least quarterly unless otherwise agreed and shall make decisions and take actions upon the mutual agreement of the Participating Cities, the County, and the Chief Presiding Judge. Mutual agreement of the Participating Cities is defined as votes representing 65 percent of total Participating Cities’ weighted case filings for the prior calendar year and 65 percent of all Participating Cities. The County, the Chief Presiding Judge, or the Participating Cities can vote at any time up to 45 calendar days after DCMRC action unless mutual agreement has been reached sooner. The Chief Presiding Judge or designee shall schedule meetings and submit proposed agendas to the representatives. Any representative may suggest additional agenda items. The Chief Presiding Judge or designee shall provide the DCMRC representatives with written notice of the actions taken by the DCMRC in a timely manner. 2.3.3 The DCMRC shall ensure that a cost and fee reconciliation is completed at least annually and that the fees retained by the County and remitted to a Participating City are adjusted to ensure that the County fully recovers its Participating City Case Costs and that the Participating City retains the remaining Fees, as defined and described in Section 4, below. 2.3.4 The DCMRC shall provide recommendations and/or guidelines regarding the implementation of services under this Agreement including, but not limited to, court calendar scheduling, public access (such as phone and counter services), officer overtime, officer availability (such as vacation and training schedules), new technology, facility issues, jail issues, and warrant issues. 2.4 Court Facility Management Review Committees (CFMRC). Facility level issues related to this Agreement shall be addressed by the Court Facility Management Review Committee established for each Facility, taking into consideration guidance from the DCMRC. The CFMRC for each Division/Facility shall consist of the judges at that Facility, the Division presiding judge, the Division director, the court manager, the applicable Participating City prosecutor/attorney, the applicable Participating City public Page 86 of 147 12/3/2020 9 defender, and such other representatives as the Participating City or the District Court wishes to include. On or before the effective date of this Agreement, a Participating City shall identify in writing to the Division Presiding Judge the name(s), phone number(s), e- mail and postal address(es) where notice of meetings shall be sent. If a Participating City wishes to change the information provided to the Division Presiding Judge, it shall notify the Division Presiding Judge at least seven (7) calendar days prior to the change. A Participating City may send its representative(s) or the representative's designee to the CFMRC meetings. Each CFMRC shall meet monthly unless the Court and the applicable Participating Cities agree to cancel a particular meeting. The members shall agree on meeting dates. The CFMRC shall make decisions and take actions upon the mutual agreement of the representatives. 3.0 FACILITIES 3.1 Utilizing Existing County Facilities 3.1.1 The County is committed to a unified, County-wide District Court and intends to utilize existing facilities pursuant to the provisions of Section 3.1. The County shall operate a District Court facility within the Cities of Burien, Issaquah, Redmond, and Shoreline unless (1) the County obtains agreement to close a particular facility from all Participating Cities served in the facility proposed to be closed, or (2) notice has been given to terminate the Agreement by the Participating City in which the facility is located. 3.1.2 Notice of Facility Closure. If the County determines that it will close a District Court facility within the Cities of Burien, Issaquah, Redmond, and Shoreline and relocate District Court services within the same City, the County shall provide written notice to the Participating City(ies) served in the affected facility. Relocation of the Participating City(ies)’s District Court services under this subsection shall result from the County’s determination, after consultation with the Participating City(ies) served in the affected facility, that continuing to operate the facility would 1) pose health and safety risks; 2) exceed the facility’s useful life based on the cost of maintaining the facility; or 3) not be able to minimally meet the operational needs of the District Court. 3.1.3 Relocation due to Closure. If a County court facility is to be closed pursuant to Subsections 3.1.1 or 3.1.2, the County shall work cooperatively with Participating City(ies) served in the facility to relocate affected District Court services to a different facility. A Participating City impacted by a County court facility closure may choose to relocate to an existing County court facility or move to a different County facility. If Page 87 of 147 12/3/2020 10 District Court does not already provide services in the facility(ies) proposed for the displaced services, the County and the Participating Cities served in the facility to be closed shall negotiate in good faith a separate agreement. The separate agreement should include, but is not limited to, identifying the location of these services, cost sharing responsibilities and financial commitment, ownership interest (if applicable), and implementation schedule. If the County and any of the Participating City(ies) served in the facility to be closed are unable to come to mutual agreement on relocation in a time frame acceptable to the County and the impacted Participating Cities(ies), notice of termination may be given as set forth in Section 1.2 above. 3.1.4 Other County Facilities. The County also has District Court facilities at the MRJC and the KCC. Upon mutual agreement of the County and a Participating City services may be provided to a Participating City(ies) at the MRJC or KCC. In the event of a relocation of a Participating City’s District Court services to the MRJC, KCC, or other County facility not included in this Agreement, the County and the Participating City will negotiate appropriate facility operating and rent costs. All other provisions of this Agreement shall continue to apply. 3.1.5 Temporary Emergency Relocations. The relocation provisions provided above in Sections 3.1.1- 3.1.3, are not intended to apply to temporary emergency relocations which may occur in the event of a facility emergency (e.g. facility flooding, loss of facility heat or water, road closures, etc.) or natural disaster (e.g. earthquake, extreme weather events, etc.). Such temporary relocations may only last until the emergency conditions are resolved if the relocation was done without the consent of the relocated Participating City(ies). Temporary relocations may only be extended beyond the resolution of the emergency conditions or made permanent by mutual consent of the County and the relocated Participating City(ies). 3.1.5.1 Costs. If District Court Services to a Participating City are temporarily relocated from one County court facility to another County court facility, including the MRJC or KCC, due to an emergency, the Participating City’s facility operating and rent costs will continue as calculated for the original facility for the duration of the temporary relocation. 3.1.6 Annual Facility Charges. The AFC for existing District Court facilities in the cities of Burien, Issaquah, Redmond, and Shoreline on the Effective Date satisfies the financial obligations of the Participating Cities served by these facilities for facility operations and daily maintenance, major maintenance, and other costs necessary to maintain existing facilities. Page 88 of 147 12/3/2020 11 This AFC does not cover the costs associated with capital improvements as defined in Section 3.3 and does not entitle a Participating City to any funds or credit toward replacement of the existing facility. The AFC will be included as a reimbursable Participating City Case Cost under Exhibit A with the exception that space that is dedicated to the sole use and benefit of either a Participating City, the County, or other tenant, shall be excluded from the total square footage and be the sole financial responsibility of the benefiting party. Reimbursement for space dedicated to the sole use of a Participating City shall be based on the financial terms in Exhibit B and included as a Participating City Case Cost under Exhibit A. All other terms and conditions for a Participating City dedicated space shall be covered in a separate agreement. Each year, the County will identify in Exhibit A the square footage of dedicated space for each facility. Empty or unused space at a facility, previously used as dedicated space for the sole benefit and use of either the County, a Participating City(ies), or other tenant, shall be excluded from the total square footage. The AFC for the Burien, Issaquah, Redmond and Shoreline facilities are calculated in accordance with Exhibit B. 3.1.7 Call and Payment Center Charge. Participating Cities will pay an AFC for space used for the call center and payment center. The charge shall be calculated in accordance with Exhibit B and included as a reimbursable Participating City Case Cost under Exhibit A with the exception that space that is dedicated to the sole use and benefit of the County shall be excluded from the total square footage for this space. 3.2 Relocation from a Participating City Facility 3.2.1 City Buildings. Where District Court is providing District Court Services to a Participating City in a City-owned or operated facility and where the Participating City or the County wishes to relocate District Court Services to a different facility, the County and the affected Participating City or Participating Cities agree to work cooperatively to enter into a separate agreement to relocate to either a County facility or to another City-owned or operated facility. The agreement should include, but is not limited to the following: (a) Identifying a facility location (b) Cost sharing responsibilities and financial commitment (c) Ownership interest (d) Allocation of Implementation Responsibilities (e) Implementation schedule (f) Operational terms including but not limited to: (i) Depending on location of facility, space for a Participating City’s prosecution staff (ii) Holding cells at facility Page 89 of 147 12/3/2020 12 3.2.2 Separate Facility Agreements. The District Court will continue to operate at the Participating City’s facility under the terms of a separate agreement between the County and the Participating City until the new location is agreed upon and operational, unless District Court Services are terminated pursuant to Section 1.2 of this Agreement.. 3.2.3 Temporary Emergency Relocations. The provisions of Section 3.1.5 regarding temporary relocations due to emergency circumstances also apply in the case of District Court Services provided to a Participating City in a City-owned or operated facility, except Section 3.1.5.1 does not apply. If District Court Services for a Participating City must be temporarily relocated from a City-owned or operated facility to a County facility, the County and the Participating City will negotiate appropriate facility operating and rent costs and any other appropriate reimbursement of costs for the temporary relocation. 3.3 Capital Improvement Projects. Capital improvement projects to County facilities are those projects identified in the approved District Court Facilities Master Plan or Capital Improvement Plan. 3.3.1 Sole Benefit. Capital improvement projects for space that is dedicated to the sole use and benefit of either a Participating City(ies) or the County shall be funded by the benefiting party. In the case of a capital improvement project solely benefiting a Participating City(ies), the County and the Participating City(ies) will negotiate payment and enter into a separate agreement to address such project. 3.3.2 Dual Benefit. Capital improvement projects at a facility for space benefiting both the County and all Participating Cities served in the facility shall be presented to the affected CFMRC. The Participating Cities’ contribution to the costs of the capital improvement projects shall be determined by mutual agreement of the County and the Participating Cities served in the affected facility. Absent an approved capital cost sharing agreement between the County and the Participating Cites served in the affected facility, those Participating Cities are not responsible for capital project costs. 3.3.3 City Buildings. Where the County and a Participating City have an agreement for the use of a City-owned or operated facility, cost apportionment for capital improvement projects is governed by the agreement between the County and the Participating City rather than Section 3.3.1 and 3.3.2 above. 4.0 REVENUE; FILING FEES ESTABLISHED; CITY PAYMENTS IN LIEU OF FILING FEES; LOCAL COURT REVENUE DEFINED. Page 90 of 147 12/3/2020 13 4.1 Filing Fees Established. A filing fee is set for every criminal citation and infraction filed with the District Court.3 Filing fees will be established each year by the DCMRC pursuant to statutory criteria and this Section. At or before the commencement of this Agreement, the filing fees shall be as set by the agreement of the Participating Cities. 4.1.1 Pursuant to RCW 3.62.070 and RCW 39.34.180, the County will retain its portion of Local Court Revenues (as defined below) and additional payments pursuant to Section 4.5, if any, as full and complete payment by a Participating City for services received under this Agreement. 4.2 Compensation for Court Costs. The Participating Cities agree that the County is entitled to sufficient revenue to compensate the County for all Participating City Case Costs incurred during the term of this Agreement. For purposes of this Agreement, “Participating City Case Costs” means the sum of the costs for the Participating City as determined by the County pursuant to Exhibit A (including attachments A-Q), Exhibit B, and Exhibit C. 4.3 Annual Reconciliation. To ensure that the revenue provided to the County is equal to the Participating City’s Case Costs incurred in each year of the term of this Agreement, the County shall perform an annual reconciliation of the actual Participating City’s Case Costs in comparison to the Local Court Revenue, as defined in Section 4.9, retained by the County during that year in accordance with Exhibit A. The County will credit the Participating Cities in the reconciliation for each Participating City’s share of offsetting revenue received by the County for District Court from the state, the federal government and other sources. Reconciliations shall be performed as set forth below: 4.3.1 Beginning in 2022 and each year thereafter, the County shall perform a reconciliation of its actual reported Participating City’s Case Costs and the Local Court Revenue retained in the previous year. This reconciliation shall be completed no later than July 31 of each year. The County costs of performing the reconciliations shall be a reimbursable Participating City’s Case Cost and included as a Participating City’s Case Cost under Exhibit A. 4.3.2 No later than August 1 of the year in which the reconciliation is completed, the County shall send each Participating City a written statement as to the findings of the reconciliation. 3 The County and the Participating Cities acknowledge that the filing fees are intended to represent an approximation of the per-case cost for each filing. The County and the Participating Cities further acknowledge that while, in a criminal case, a judge, in their discretion and in accordance with Washington law may order a defendant to pay the filing fee upon conviction (for recoupment to the applicable Participating City), however, a judge may not order an individual who has been found to have committed an infraction to pay the infraction filing fee. Page 91 of 147 12/3/2020 14 4.4 Payment for Participating City’s District Court Services. Subject to the adjustments set forth below, the County shall retain a percentage of Local Court Revenue as payment for the Participating City’s District Court Services. The percentage of Local Court Revenue retained by the County shall be the percentage necessary to pay the Participating City’s Case Costs. This percentage shall be based on the prior year's reconciliation. The Participating City shall receive any remaining Local Court Revenue. In order to more closely match Local Court Revenue retained by the County with Participating City Case Costs (and thus lessen the amount of any additional payment or refunds pursuant to Section 4.5), the Participating City shall adjust the percentage retained by the County after July 31 of each year, for the following twelve months, based on the reconciliations of the prior year. 4.5 Reconciliation Adjustments. In the event the reconciliation completed pursuant to this Agreement shows that the Local Court Revenue retained by the County in the prior year was less than the Participating City’s Case Costs for that year, the Participating City shall pay the difference to the County within 75 calendar days of receipt of a written invoice from the County. In the event the reconciliation completed pursuant to this Agreement shows that the Local Court Revenue retained by the County in the prior year was more than the Participating City Case Costs for that year, the County shall pay the difference to the Participating City within 75 calendar days of the County’s completion of the reconciliation or, at the Participating City’s option provided in writing to the County, credit the Participating City with such amount for the following year or extended term of this Agreement, if any. 4.6 Filing Fees. The County retention of Local Court Revenue and the process for reconciliation and additional payments/reimbursements is in lieu of direct Participating City payment for filing fees and it is agreed by the Participating City and County to be payment for District Court Services provided by the County to the Participating City under this Agreement. 4.7 Local Court Revenue after Expiration or Termination. Any Local Court Revenue received after the expiration or termination of this Agreement for cases filed during the term of this Agreement shall be distributed to the Participating City, less any costs owed to the County, unless an amendment to this Agreement is executed. 4.8 One-Time Costs for District Court Technology and System Improvement Projects. 4.8.1 One-Time Costs for Technology and System Improvement Projects are defined as the costs associated with the development and implementation of District Court technology and System improvement projects. The District Court shall involve the Participating Cities in its planning for technology and system improvement projects as described in Exhibit C. The Participating Cities shall contribute each year to a reserve fund to cover one-time costs for technology and system improvement projects in excess of $100,000. Exhibit C sets forth the amount of the Participating Page 92 of 147 12/3/2020 15 Cities’ annual contribution to the reserve for one-time costs for technology and system improvement projects. Technology and system improvement projects which in total are less than $100,000 in any year will be included as a reimbursable Participating City Case Cost under Exhibit A. 4.9 Local Court Revenue. Local Court Revenue includes all fines, filing fees, forfeited bail, penalties, court cost recoupment and parking ticket (including photo enforcement) payments derived from City-filed cases after payment of any and all assessments required by state law thereon. Local Court Revenue includes all revenue defined above received by the court as of opening of business January 1, 2022. Local Court Revenue excludes: (a) Payments to a traffic school operated by a City; (b) Restitution or reimbursement to a City or crime victim, or other restitution as may be awarded by a judge; (c) Assessments authorized by statute, such as Domestic Violence and Crime Victims, used to fund local programs; (d) Probation revenues; (e) Reimbursement for home detention and home monitoring, public defender, jail costs, on City filed cases; and (f) Revenues from Participating City cases filed prior to January 1, 2000. 4.9.1 All revenue excluded from Local Court Revenue shall be retained by the County or the Participating City to whom such revenue is owed. 4.9.2 A Participating City will not start a traffic violations bureau during the term of this Agreement. 4.10 Monthly Reporting and Payment to Participating City. The County will provide to a Participating City monthly remittance reports and payment for the Participating City’s share of Local Court Revenue no later than three (3) business days after the end of the normal business month. On a monthly basis, the County will provide to the Participating City reports listing Participating City cases filed and revenue received for all Participating City cases on which the Local Court Revenue is calculated. 4.11 Payment of State Assessments. The County will pay on behalf of a Participating City all amounts due and owing the State relating to Participating City cases filed at the District Court out of the gross Court revenues received by the District Court on those cases. The County assumes sole responsibility for making such payments to the State as agent for the Participating City in a timely and accurate basis. As full compensation for providing this service to the Participating City, the County shall be entitled to retain any interest earned on these funds prior to payment to the State. 5.0 DISPUTE RESOLUTION. Page 93 of 147 12/3/2020 16 Any issue may be referred to dispute resolution if it cannot be resolved to the satisfaction of the County, a Participating City, and/or the Participating Cities. Depending on the nature of the issue, there are different dispute resolution processes, described as follows: 5.1 Facility Dispute. Disputes arising out of facility operation and management practices which are not resolved by the CFMRC may be referred by the County or a Participating City in writing to all representatives of the DCMRC as designated in Section 2.3. If the DCMRC is unable to reach mutual agreement within sixty (60) calendar days of referral, then the dispute may be referred by either the County or a Participating City to non-binding mediation. Any and all Participating Cities who refer a dispute regarding the same event to non-binding mediation, will be considered one party and shall participate as one party for the purposes of mediation. The mediator will be selected in the following manner: The Participating City(ies) participating in the mediation shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two (2) mediators shall select a third mediator who shall mediate the dispute. Alternately, the Participating City(ies) participating in the mediation and the County may agree to select a mediator through the mediation service mutually acceptable to both the County and the Participating City(ies). The County and the Participating City(ies) to the mediation shall share equally in the costs charged by the mediator or mediation service. By mutual agreement, the DCMRC can establish an alternative Participating City(ies)’s share of the mediation costs. 5.2 System Wide Disputes. System Wide Disputes are disputes arising out of District Court system operations or management, or involving the interpretation of this Agreement in a way that could impact the entire District Court system and other Participating Cities with an agreement for District Court services. System Wide Disputes also include disputes resulting from the following events: (i) changes in state statute or regulation, state and or local court rule, Participating City or County ordinance, or exercise of court management authority vested by GR 29 in the Chief Presiding Judge, requiring the County to provide new court services reasonably deemed to substantially impact the cost of providing District Court Services, or material reductions or deletions of the District Court Services included in this Agreement that occurred for a period of at least six (6) consecutive months; or (ii) any decree of a court of competent jurisdiction in a final judgment not appealed from substantially altering the economic terms of this Agreement; or (iii) changes in state statute or regulation, state and or local court rule, or Participating City or County ordinance, which substantially alter the revenues retained or received by either the County or the Participating City related to Participating City’s case filings; 5.2.1. System Wide Disputes may be referred in writing by the County or a Participating City to all representatives of the DCMRC as designated in Section 2.3. If the DCMRC is unable to resolve the dispute within ninety (90) calendar days of referral (or within a different amount of time by mutual agreement of the DCMRC), then the dispute may be referred by Page 94 of 147 12/3/2020 17 either the County or the Participating City to non-binding mediation, conducted in the manner described in Section 5.1. 5.2.2. If a System Dispute is referred to mediation, all Participating Cities may participate in the mediation and will be bound by any agreement that comes out of mediation even if they choose not to attend. The County shall pay 50% of the mediator’s costs and the Participating Cities shall pay 50% of the mediator’s costs. The Cities shall contribute to their share of mediator’s costs based on the proportion of the Participating Cities weighted caseload for the prior year. By mutual agreement, the DCMRC can establish an alternative means to establish a Participating City’s share of the mediator’s costs. 5.3 If a dispute is unable to be resolved, any party may invoke the termination provision of this Agreement. 6.0 RE-OPENER. The County and all Participating Cities may agree to enter into re-negotiation of the terms of this Agreement at any time and for any purpose by mutual agreement in writing. The Agreement shall remain in full force and effect during such negotiations. 7.0 WAIVER OF BINDING ARBITRATION. The Parties waive and release any right to invoke binding arbitration under RCW 3.62.070, RCW 39.34.180 or other applicable law as related to this Agreement, any extension or amendment of this Agreement, or any discussions or negotiations relating thereto. 8.0 INDEMNIFICATION. 8.1 City Ordinances, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations, policies or procedures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney fees. 8.2 Indemnification. 8.2.1 Each Party to this Agreement shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, Page 95 of 147 12/3/2020 18 while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, the Party’s negligent acts or omissions. No Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from concurrent negligence of two or more Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party’s own negligence. Each of the Parties agrees that its obligations under this subparagraph 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, each of the Parties, by mutual negotiation, hereby waives, with respect to each of the other Parties only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the Parties or combination of the Parties incurs any judgment, award, and/or cost arising therefrom, including attorney fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party or combination of the Parties to the extent of that Party’s/those Parties’ culpability. This indemnification shall survive the expiration or termination of this Agreement. 8.2.2 With respect to any technology provided by the County for use by the City pursuant to this Agreement, the County shall defend the City and the City's officers and directors, agents, and employees, against any claim or legal action brought by a third party arising out of a claim of infringement of U.S. patent, copyrights, or other intellectual property rights, or misappropriation of trade secrets, in connection with the use of the technology by the City so long as the City gives prompt notice of the claim or legal action and the City gives the County information, reasonable assistance, and sole authority to defend or settle any such claim or legal action. The County shall have no liability to defend the City to the extent the alleged claim or legal action is based on: (i) a modification of the technology by the City or others authorized by the City but not by the County; or (ii) use of the technology other than as approved by the County. 8.3 Actions Contesting Agreement. Each Party shall appear and defend any action or legal proceeding brought to determine or contest: (i) the validity of this Agreement; or (ii) the legal authority of the City and/or the County to undertake the activities contemplated by this Agreement. If both Parties to this Agreement are not named as parties to the action, the Party named shall give the other Party prompt notice of the action and provide the other an opportunity to intervene. Each Party shall bear any costs and expenses taxed by the court against it; any costs and expenses assessed by a court against both Parties jointly shall be shared equally. Page 96 of 147 12/3/2020 19 9.0 INDEPENDENT CONTRACTOR. Each Party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of the City a County employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker’s compensation pursuant to Title 51 RCW, or any other rights or privileges accorded City employees by virtue of their employment. At all times pertinent hereto, employees of the County are acting as County employees and employees of the City are acting as City employees. 10.0 NOTICE. Unless otherwise provided herein, any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other Party: To the County: King County Executive, 701 Fifth Avenue, Suite 3210, Seattle, Washington 98104 To the City: __________________________________________________________________ __________________________________________________________________ (insert title of mayor, City manager, or City administrator and address) In addition to the requirements for notice described above, a copy of any notice or other communication may be provided to the Chief Presiding Judge of the District Court. 11.0 PARTIAL INVALIDITY. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, unenforceable, void, or illegal shall in no way affect, impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Notwithstanding the foregoing, this Agreement shall be subject to re-negotiation as provided in Section 6.0. 12.0 ASSIGNABILITY. The rights, duties and obligations of either Party to this Agreement may not be assigned to any third party without the prior written consent of the other Parties, which consent shall not be unreasonably withheld. 13.0 CAPTIONS. Page 97 of 147 12/3/2020 20 The section and paragraph captions used in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 14.0 FORCE MAJEURE. The term “force majeure” shall include, without limitation by the following enumeration, acts of Nature, acts of civil or military authorities, fire, terrorism, accidents, shutdowns for purpose of emergency repairs, lockouts, strikes, and any other labor, civil or public disturbance, inability to procure required construction supplies and materials, delays in environmental review, permitting, or other environmental requirement or work, delays as a result of legal or administrative challenges brought by parties other than signatories to this Agreement, delays in acquisition of necessary property or interests in property, including the exercise of eminent domain, or any other delay resulting from any cause beyond a party’s reasonable control, causing the inability to perform its obligations under this Agreement. If the County is rendered unable, wholly or in part, by a force majeure, to perform or comply with any obligation or condition of this Agreement then, upon giving notice and reasonably full particulars to the City, such obligation or condition shall be suspended only for the time and to the extent reasonably necessary to allow for performance and compliance and restore normal operations. For purposes of this Agreement, “force majeure” shall not include reductions or modifications in District Court Services caused by or attributable to reductions or modifications to the budget of the King County District Court as adopted or amended by the Metropolitan King County Council. 15.0 ENTIRE AGREEMENT. This Agreement, inclusive of the Exhibits hereto, contains the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior oral or written understandings, agreements, promises or other undertakings between the Parties. 16.0 GOVERNING LAW. This Agreement shall be interpreted in accordance with the laws and court rules of the State of Washington in effect on the date of execution of this Agreement. In the event either Party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement, the Parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction situated in King County, Washington. 17.0 NO THIRD-PARTY RIGHTS. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the Parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of Page 98 of 147 12/3/2020 21 action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. 18.0 COUNTERPARTS. This Agreement may be executed in counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. 19.0 AMENDMENT OR WAIVER. This Agreement may not be modified or amended except by written instrument approved by the City and the County; provided that changes herein which are technical in nature and consistent with the intent of the Agreement may be approved on behalf of the City by its chief executive officer and on behalf of the County by the County Executive. No course of dealing between the Parties or any delay in exercising any rights hereunder shall operate as a waiver of any rights of any Party. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated. King County City of King County Executive Title: Date: Date: Approved as to Form: Approved as to Form: King County Deputy Prosecuting City Attorney Attorney Page 99 of 147 RESOLUTION NO. 4 8 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR DISTRICT COURT SERVICES WHEREAS, the City of Auburn has utilized a municipal court created pursuant to Chapter 3.50 of the Revised Code of Washington (RCW) to carry out its judicial responsibilities, either as directed by state law or through City ordinance; and WHEREAS, in connection with the ongoing and changing judicial responsibilities with which the City is involved, the City Council has explored alternative approaches to address efficiencies; and WHEREAS, after a thorough review of the alternatives and options available to the City and in light of the proposal that the City of Auburn received from the King County District Court system, it is advantageous for the City to enter into an Interlocal Agreement with King County for district court services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and King County for district court services in substantial conformity with the Interlocal Resolution No. 4833 July 2, 2012 Page 1 of 2 Page 100 of 147 Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Seation.2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day Pr-TER B. LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APPR D FORM: Daniel B. Flei City ttorne Resolution No. 4833 July 2, 2012 Page 2 of 2 Page 101 of 147 INTERLOCAL AGREEMENT FOR PROVISION OF DISTRICT COURT SERVICES BETWEEN KING COUNTY AND THE CITY OF AUBURN THIS INTERLOCAL AGREEMENT("Agreement") FOR PROVISION OF DISTRICT COURT SERVICES BETWEEN KING COUNTY("County") AND THE CITY OF AUBURN ("City")is entered on this 1" day of November,2012. Collectively,the County and the City are referred to as the"Parties." "Cities"refers to all Cities that have signed an Agreement for District Court Services to begin January 1, 2007 or later. Whereas,the Parties support the District Court's mission statement that recognizes the value of working together to provide an accessible forum for the fair,efficient,and understandable resolution of civil and criminal cases and maintaining an atmosphere of respect for the dignity of individuals; and, Whereas,the County values the City as a customer and intends to provide a predictable level and quality of service; and, Whereas, it is the intent of the Parties to establish mechanisms within this Agreement to ensure court service, case processing and court operations are delivered as consistently as possible within each court and across the District Court system; and, Whereas,the Parties have established within this long term Agreement a process under which District Court services, facilities, and costs can be mutually reviewed; and, Whereas, consistent with Recommendation#8 of the 2005 District Court Operational Master Plan,the County will continue to support a unified, Countywide District Court, utilizing existing facilities,to provide for a more equitable and cost effective system of justice for the citizens of King County Pursuant to the 2005 District Court Operational Master Plan,the County will: A. Ensure Court facilities promote system efficiencies, quality services and access to justi ce, B. Consolidate District Court facilities that exist in the same city, C. Reconsider facilities if there are changes with contracting cities or changes in leases, D. Work with the Cities to develop a facility master plan as it relates to the District Court; and, Whereas,this long term agreement provides sufficient revenue to the County to allow for the continued provision of District Court services and provides the City with a service level commensurate with that revenue; NOW THEREFORE,in consideration of the mutual covenants contained herein, the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1Page 102 of 147 1.0 Term 1.1 This Agreement shall be effective as of November 1,2012 and shall remain in effect for an initial term ending on December 31, 2016. This Agreement shall automatically extend upon the same terms and conditions for a five year term thereafter commencing January 1, 2017, and expiring on December 31, 2021),unless terminated or alternately extended as provided herein. 1.2 Termination and Notice of Termination. This Agreement is terminable by either parry without cause and in its sole discretion if such party provides written notice to the other party no later than 18 months prior to the expiration of the term then running. For the initial term,notice shall be provided no later than June 30, 2015. For the five year term,notice shall be provided no later than June 30,2020. For each of the two terms,the termination shall be effective at the end of the term then running. 1.3 Extension pending conclusion of negotiations with respect to amending Agreement. The Parties may agree in writing to extend the term of this Agreement upon the same terms and conditions if the Parties are negotiating in good faith for changes to the Agreement. The extension shall be such that termination occurs not less than 18 months after the end of good faith negotiations. The end of good faith negotiations may be declared in writing by either party Following such declaration,there shall be a 30 day period in which either party may provide written notice to the other party of its intent to terminate this Agreement at the end of the extended Agreement term. 2.0 Services; Oversight Committees 2.1 District Court Services Defined. The County and District Court shall provide District Court Services for all City cases filed by the City in King County District Court. District Court Services as used in this Agreement shall mean and include all local court services imposed by state statute,court rule, City ordinance, or other regulations as now existing or as hereafter amended, including but not limited to the services identified in Sections 2.1 through 2.2.7 Nothing in this Agreement shall permit the City to regulate the administration of the court or the selection of particular judges to hear its cases by city ordinance. 2.2 The Parties recognize that GR 29 requires that the ultimate decision making authority regarding the management and administration of the Court rests with the Presiding Judge and/or the Division Presiding Judge, and the Parties recognize that the duties imposed by GR 29 are non-delegable except as provided otherwise in GR 29 The provisions of Sections 2.1 through 2.2.7 of this Agreement are subject to GR 29 and the non-delegable duties and responsibilities of the Presiding Judge and/or the Division Presiding Judge contained therein. 2.2.1 Case Processing and Management The County and District Court shall remain responsible for the filing,processing, adjudication, and penalty 2Page 103 of 147 enforcement of all City cases filed, or to be filed, by the City in District Court, whether criminal or civil. Such services shall include but not be limited to: issuance of search and arrest wan-ants;the conduct of motions and other evidentiary hearings; pre-trial hearings; discovery matters; notifications and subpoenaing of witnesses and parties prior to a scheduled hearing;providing to the City prosecutor(and contract City prosecutor who has signed the required Department of Licensing confidentiality agreement), complete court calendars,defendants criminal histories DCH"),abstracts of driving records("ADW),and other documentation necessary to efficient caseload management prior to a scheduled City court calendar;the conduct of bench and jury trials;pre-sentence investigations; sentencing; post-trial motions;the duties of the courts of limited jurisdiction regarding appeals;and any and all other court functions as they relate to municipal cases filed by the City in District Court. Upon mutual agreement of the City and the District Court,the District Court may provide some or all of the documents and information required under this section to the City by alternative means, such as electronic files. 2.2.2 Changes in Court Processing. Except when determined by the Presiding Judge that a shorter notice period is necessary, the District Court shall provide the City's designated representative(s)of the Court Facility Management Review Committee ("CFMRC")with two months notice by U.S. Mail or e-mail prior to changes in Court processing procedures that directly impact City operations in order to provide the City with adequate time to assess the effect of proposed changes on City operations, unless a shorter timeframe for notice is mutually agreed upon by the Parties through the CFMRC. 2.2.3 Custom_ er Service Standards. The District Court shall provide a means for the public to contact the Court by telephone,including transferring the caller to a particular Court facility if requested,and front counter access to each Court facility during regular business hours,without lengthy wait. The District Court Management Review Committee("DCMRC")shall establish performance measures and standards for telephone and front counter access, including reporting requirements. The District Court shall make reasonable efforts to meet or exceed the standards. In the event the District Court fails to meet the standards,the District Court shall draft an action plan and submit it to the DCMRC for consideration and direction. In order to minimize workload on District Court staff,the City prosecutor and paralegal staff shall continue to have access to the District Court court files in order to most efficiently obtain copies and other necessary information. 2.2.4 Probation Services. The County shall provide probation services unless a City opts to provide its own probation services and notifies the County in writing that it does not wish the County to provide probation services at least six months prior to the effective date of this Agreement or six months 3Page 104 of 147 prior to January 1 of the year in which probation services shall be discontinued. Notwithstanding this provision,the County may terminate probation services upon not less than six months advance written notice to the City if(a)the County is unable to procure sufficient primary or excess insurance coverage or to adequately self-insure against liability arising from the provision of probation services, and (b)the County ceases to provide probation services throughout King County District Court. 2.2.5 The City may purchase additional court services(such as drug court, mental health court,or relicensing) from the County under mutually agreeable terms. 2.2.6 Regular Court Calendars. 2.2.6.1 Definition of Regular Calendar. A Regular Calendar is defined as a recurring court calendar which requires the attendance of the City prosecutor,public defender,or police officers(hereafter"Regular Calendar'). A City budget for court services assumes a finite number of Regular Calendars. The provisions of Section 2.2.6 regarding Regular Calendars do not apply to otherjudicial functions and hearings, including but not limited to,jail hearings at the King County Jail in Seattle or at the Regional Justice Center,hearings or trials that cannot be set on the City s Regular Calendar due to time limitations or transport issues,search warrants,infraction hearings where a city attorney is not required to be present,or mitigation hearings. 2:2.6.2 Scheduling of Regular Calendar;. The City's Regular Calendars shall remain scheduled all day Monday througlm Friday in one courtroom and such other days of the week as necessary in a second courtroom not to exceed 2.5 days-ier.week). Any Regular Calendar that is to occur on a day other than the day or days specified in this subsection shall require the mutual consent of the Parties. However,the City's prior consent shall not be required if a Regular Calendar is moved to the next judicial day following a day on which the Court was closed due to a court holiday 2.2.7 City Judicial Services. Not later than September 30th,the Cities' whose cases are primarily heard at the same District Court facility shall submit in writing to the ChiefPresiding Judge a pool of District Court judges who may hear these Cities' Regular Calendars beginning the next calendar year. The pool shall consist of not less than 75%of the judges elected or appointed to the judicial district wherein the facility is located. Within 30 days of an election or notice to Cities of an appointment of a new judge within the judicial district,the Cities shall be entitled to recreate their pool of District Court judges. The recreated pool shall take effect within thirty Procedures of this section shall also apply if only one City is using a court facility 4Page 105 of 147 days of submission of the pool. In the case of an election,the recreated pool shall take effect the next calendar year following the election. Except when the Chief Presiding Judge deems an alternative assignment is necessary,the Chief Presiding Judge shall assign judges from these Cities' pool of judges to hear their Regular Calendars. If no pool of judges is submitted by the Cities at a particular facility,the Chief Presiding Judge may assign any judge of the District Court to hear the Regular Calendars at that facility All other judicial functions and hearings that are not set on the City's Regular Calendars can be heard by any judicial officer of the District Court against whom an affidavit of prejudice has not previously been filed that would prevent the judicial officer from hearing the matter. 2.2.8 Unless provided otherwise in a written agreement between the Parties,the County shall provide all necessary personnel,equipment and facilities to perform the foregoing described District Court Services in a timely manner as required by law and court rule. 2:3 District Court Management Review Committee(DCMRC). 2.3.1 System-wide issues related to the services provided pursuant to this Agreement will be monitored and addressed through a District Court Management Review Committee. The Committee shall consist of the District Court Chief Presiding Judge,the District Court Chief Administrative Officer,any other District Court representatives designated by the District Court Chief Presiding Judge or Chief Administrative Officer, a representative of the King County Executive, and one representative for each city On or before the effective date of this Agreement,the City shall identify in writing to the Chief Presiding Judge the name,phone number, e-mail and postal address of its representative and to whom notice as provided in this Section shall be sent. If the City wishes to change the information provided to the Chief Presiding Judge, it shall notify the Chief Presiding Judge in writing at least seven days prior to the change. The City may send its representative or the representative's designee to the DCMRC meetings. 2.3.2 The DCMRC shall meet at least quarterly unless otherwise agreed and shall make decisions and take actions upon the mutual agreement of the Cities,the County, and the Chief Presiding Judge. Mutual agreement of the Cities is defined as votes representing 65%of total Cities'case filings for the prior calendar year and 65%of all Cities. The County,the Chief Presiding Judge, or the Cities can vote at any time up to 45 days after DCMRC action unless mutual agreement has been reached sooner. The Chief Presiding Judge or his/her designee shall schedule meetings and submit proposed agendas to the representatives. Any representative may suggest additional agenda items. The Chief Presiding Judge or his/her 5Page 106 of 147 designee shall provide the Committee representatives with written notice of the actions taken by the DCMRC in a timely manner. 2.3.3 The DCMRC shall ensure that a cost and fee reconciliation is completed at least annually and that the fees retained by the County and remitted to the City are adjusted to ensure that the County fully recovers its City Case Costs and that the City retains the remaining Fees, as defined and described in Section 4,below 2.3.4 The DCMRC shall provide recommendations and/or guidelines regarding the implementation of services under this Agreement including,but not limited to, court calendar scheduling,public access(such as phone and counter services), officer overtime,officer availability(such as vacation and training schedules), new technology,facility issues,jail issues,and warrant issues. 2.4 Court Facility Management Review Committees(CFMRC). Facility level issues related to this Agreement shall be addressed by the Court Facility Management Review Committee established for each Facility,taking into consideration guidance from the DCMRC. The CFMRC for each Division/facility shall consist of the judges at that facility,the Division presiding judge,the Division director,the court manager,the applicable City prosecutor/attomey,the applicable City public defender, and such other representatives as the City or the District Court wishes to include. On or before the effective date of this Agreement, the City shall identify in writing to the Division Presiding Judge the name(s),phone number(s), e-mail and postal address(es)where notice of meetings shall be sent. If the City wishes to change the information provided to the Division Presiding Judge, it shall notify the Division Presiding Judge at least seven days prior to the change. The City may send its representative(s)or the representative's designee to the CFMRC meetings. Each CFMRC shall meet monthly unless the Court and the applicable Cities agree to cancel a particular meeting. The members shall agree on meeting dates. The CFMRC shall make decisions and take actions upon the mutual agreement of the representatives. 6Page 107 of 147 L pa;oajluapapolajo;AjgTau; amutpomas (sat),i1t3ag;xp!m,ilanpvmad000 ljq*Iluuls )lunoDam`.uiltoe;genUesslamasoloo;(sat)43 pa;oaguagio;aOnouualltjnnsantSilunoDaq;`genbgssl;oC1tOaq; unpinAtltOU3ymoOag1utpanjassat(sat)43aqlg;titiBunlnsuoojags `3IbI £ souredagl,iqo;paajgusta;upjalljuauussolun uongutuua;3ooonouag13oalupaq1uio.gstpuom81 ;sealpaoqIlsgs alspuogm!=alaqZmonemuual01pa;ulaj;uouraoAVstgl;osuotstnojd jag;oSulpsrgouuor;ualmja;3oaogouuaurjmapTnojdium airedjaglta`Z'I'£joI'I'£uotlaasgnSjapunpaptnojdoonous,f4uno3aq; moj3sgluomyZu. p!mluamaaarolamdosoq;o1mja;ua;ouoppasolooq o;,14tltOU3aq1mpanjas (sat)f4jDag;3oAmpugilunooag13I 'olnpogos uoqu;uauraldunpug `(algeotlddu31)lsmalutdusjaumo `luougluuiuoa letoumgpuusapiltgtsuodsajSurisgs;soo`saOtnjasasayl;ouo.1eoolaql Suti;puapt101pa;tunl;oust1nq`sopnloutgotgmluamaajSua;sjedasug1lu3 pooSutalsnoSauhugsposopaqo;,igltOe;agiutpanjass04t0aq;pug dlunooaq;`saOtnjaspaOSldstpamjo3pasodojd(s)uoproolamMsoowas aptnojd,ipuajls1ousaopIMODlotilsiQ31AItI?OS3;uajagtpgofanomjo fIIIIOe3Sunsixouuo;oleoolmo;osoopArmomsolor4IIIOu3uAqpaloedmt CIOF' AIltou3;uajag[pao;saptnjas1jnoD;OtAS!(jpa;Oaja;gaolaj o;,ulllau;amutpanjas (sat)14t3shooApAilmad000:pompegs)Clunoa aglZ'I'£joI'I'£suonoosgnSo;irr6nsmdposoioaqo;st4tp.Ou3u3I £'I'£ 1moD;ouls!aam;ospaouIuuoggjado aq;loom (IIuw=ofaiquoq;ou(£jo `•"4t1lou3aqlSumm. utsm o;sooarpuopaseqopInjosns,,4lllos;ag;paaoxa(Z `.slsu Alalespueq;p3aqosod(Ipinomf4i11oe3oipalmodoo;Sumutluoo uq;qltl?ou3paloogeaq1inpanjos(sai).C1t0acpql!mnot;ullnsuoa jape `uot;uutuualaps,,ilunoaag;uiog;lnsajIptgsuonoasgnsstgl spunsaOtnjaslmoo;OplsTas,(sat)AItDaq;3ouOTWOOIad tltau3 pa;Oaluaq;utpanjas (sat)i;t3aq;01001ouuauuMaptnojd furlsflunooaupi1tOaujusaq;utuptn+saoinjasunoo;otj;st(j olmolajpusauilajogSpuu`puourpag `;ua}l`uatmg;osoppmp uMyA14I1!ou3ymoooq1asolo11!m1t18q;sautuua;ap)[lunoDaq;3IZ'I £ paleOOisIAtIIOU;ag;gOtgmutApaqlAq;uamowty aq1aluatuua101uantSuaoqseqoapou(Z)jo `pa;eootsIAtpou3 aillgotgmmAlpoq1urpanjassar1l3Ilumot;;uamaaj&sutulgo It(I)ssapmoutlajogSpuu`puompa21°1uaX `uaung3osorip auptMC1tlt0e31moosalsjadohugsuunoaqsI £uonoaS3o suotstnojdaq;o;;nerusmdsantltog3Suulstxaazpno;spualutpug lmoaloMstQoptvilmroa`pagtuinuofpautunuoost,ilunoaaUI'I'£ saplliag3Su11sIxSQIz. iIT 93pllr3930'£ Page 108 of 147 District Court services to a different facility A city impacted by a facility closure may choose to relocate to an existing facility or move to a different facility If District Court does not already provide services in the location(s)proposed for the displaced services,the County and the City(ies)served in the Issaquah facility shall negotiate in good faith a separate agreement which includes,but is not limited to, identifying the location of these services, cost sharing responsibilities and financial commitment,ownership interest(if applicable), and implementation schedule. If the County and any of the City(ies) served in the Issaquah facility do not enter into the separate agreement within 24 months from the County's notice of closure provided under this Subsection,either party may provide written notice of termination notwithstanding other provisions of this Agreement related to termination. The termination date shall be at least 18 months from the date of the notice of termination unless an earlier date is agreed to by the parties. 3.1.5 Notwithstanding any provisions of Section 3.1,the County may relocate District Court services provided in the Aukeen facility to the Regional Justice Center. 3.1.6 The annual facility charges for the District Court facilities that exist in the cities of Burien, Kent,Redmond, and Shoreline at the commencement of this Agreement, satisfy the financial obligations of the Cities served by these facilities for facility operations and daily maintenance,major maintenance, and other costs necessary to maintain existing faciliti es. This charge does not cover the costs associated with capital improvements as defined in Section 33 and does not entitle the City to any funds or credit toward replacement of the existing facility The annual facility charge will be included as a reimbursable City Case Cost under Exhibit A with the exception that space that is dedicated to the sole use and benefit of either a city,the County, or other tenant; shall be excluded from the total square footage and be the sole financial responsibility of the benefiting party Reimbursement for space dedicated to the sole use of the City shall be based on the financial terms in Exhibit B and included as a City Case Cost under Exhibit A. All other terms and conditions for the City dedicated space shall be covered in a separate lease agreement. Each year,the County will identify in Exhibit A the square footage of dedicated space for each facility Empty or unused space at a facility,previously used as dedicated space for the sole used and use of either the County, the City(ies), or other tenant, shall be excluded from the total square footage. The annual charges for the Burien,Kent, Redmond and Shoreline facilities are calculated in accordance with Exhibit B. 3 17 The annual facility charge for the District Court facility that exists in the city of Issaquah at the commencement of this Agreement, satisfies the financial obligations of the Cities served by that facility for facility 8Page 109 of 147 operations and daily maintenance,major maintenance, and lease costs. This charge does not cover the costs associated with capital improvements as defined in Section 3.3 and does not entitle the City to any funds or credit toward replacement of the existing facility This charge also does not cover costs for necessary and unanticipated major repairs that are not scheduled under the County's major maintenance program. (Examples of such repairs include, but are not limited to, repairs necessitated by flood, fire or earthquake.) The County and the Cities receiving District Court services in the Issaquah facility agree to negotiate in good faith a separate agreement for a cost sharing plan for these unanticipated major repairs. The annual facility charge will be included as a reimbursable City Case Cost under Exhibit A with the exception that space that is dedicated to the sole use and benefit of either a city,the County, or other tenant, shall be excluded from the total square footage and be the sole financial responsibility of the benefiting party Reimbursement for space dedicated to the sole use of the City shall be based on the financial terms in Exhibit C and included as a City Case Cost under Exhibit A. All other terms and conditions for the City dedicated space shall be covered in a separate lease agreement. Each year, the County will identify in Exhibit A the square footage of dedicated space for each facility Empty or unused space at a facility,previously used as dedicated space for the sole benefit and use of either the County,the City(ies),or other tenant, shall be excluded from the total square footage. The annual charge for the Issaquah is calculated in accordance with Exhibit C. 3.1.8 Cities will pay an annual facilities charge for space used for the Call Center and Payment Center. The charge shall be calculated in accordance with Exhibit B and included as a reimbursable City Case Cost under Exhibit A with the exception that space that is dedicated to the sole use and benefit of the County shall be excluded from the total square footage for this space. 3.2 Bellevue Court Facility 3.2.1 The County and the City of Bellevue agree to work cooperatively to enter into a separate agreement by December 31,2006 to determine the future location for the Bellevue Court Facility The parties agree to negotiate in good faith with regard to such agreement to determine whether it is in the mutual interest of the parties to provide for a different facility under a separate agreement and what the terms of such separate agreement will be. The agreement should include,but is not limited to the following: i) Identifying a facility location within the city limits of Bellevue ii) Cost sharing responsibilities and financial commitment iii) Ownership interest iv) Allocation of Implementation Responsibilities 9Page 110 of 147 v) Implementation schedule vi) Operational terms including but not limited to: o Technological compatibility with Bellevue's technological systems and components to ensure efficient and effective provision of services Space for the Bellevue Probation Department o Depending on location of facility, space for City of Bellevue Prosecution staff Holding cells at facility 3.2.2 The County agrees to conduct a Bellevue Court Site Analysis as part of the District Court Facilities Master Plan. The County will work cooperatively with the City of Bellevue on the Court Site Analysis which will include a market analysis in search of appropriate future locations for the court and identification of facility options and costs. The County and the City of Bellevue agree to work cooperatively to enter into a memorandum of understanding for sharing initial planning costs. On or before July 1, 2006,the County and the City of Bellevue will enter into negotiations for a separate agreement,with the intent to have the agreement approved by December 31,2006. 3.2.3 If a satisfactory agreement is not reached by June 30,2007,either the County or the city of Bellevue may terminate this Agreement no earlier than December 31, 2008. Notice of such termination must be provided no later than 18 months prior to the termination date. 3.2.4 The District Court will continue to operate at Surrey Downs under the terms of a separate lease agreement between the County and Bellevue until a different District Court facility is operational in the city of Bellevue or December 31,2008, whichever occurs first, unless otherwise mutually agreed by the County and the city of Bellevue 3.3 Capital improvement projects are those projects identified in the approved District Court Facilities Master Plan or Capital Improvement Plan. 3.3.1 Capital improvement projects for space that is dedicated to the sole use and benefit of either the City(ies) or the County shall be funded by the benefiting party In the case of a capital improvement project solely benefiting the City(ies), the County and the City(ies)will accomplish payment through a separate agreement. 3.3.2 Capital improvement projects at a facility for space benefiting all parties served in the facility shall be presented to the affected CFMRC. The Cities' contribution to the costs of the capital improvement projects shall be determined by mutual agreement of the County and the cities served in the affected facility Absent an approved capital cost sharing agreement 10Page 111 of 147 between the County and the cities served in the affected facility,the Cities are not responsible for capital project costs. 4.0 Revenue; Filing Fees Established; City Payments in Lieu of Filing Fees; Local Court Revenue Defined. 4.1 Filing Fees Established. A filing fee is set for every criminal citation or infraction filed with the District Court. Filing fees will be established each year by the DCMRC pursuant to statutory criteria and this Section. At the commencement of this Agreement,the filing fees shall be as set pursuant to the Existing Agreement. 41.1 Pursuant to RCW 3.62.070 and RCW 39.34 180,the County will retain its portion of Local Court Revenues(as defined below)and additional payments pursuant to Section 4.5, if any, as full and complete payment by the City for services received under this Agreement. 41.2 In entering into this Agreement for District Court Services,the City and County have considered, pursuant to RCW 39.34.180,the anticipated costs of services, anticipated and potential revenues to fund the services, including fines and fees, filing fee recoupment,criminal justice funding and state sales tax funding. 4.2 Compensation for Court Costs. The Parties agree that the County is entitled to sufficient revenue to compensate the County for all City Case Costs incurred during the term of this Agreement. For purposes of this Agreement, "City Case Costs"means the sum of the costs for the City as determined by the County pursuant to Exhibit A. City Case Costs are calculated based on the Cities caseload(clerical weighted caseload approach),judicial need, and facility costs for the facility used by the City 43 To ensure that the revenue provided to the County is equal to the City Case Costs incurred in each year of the term of this Agreement, the County shall perform an annual reconciliation of the actual City Case Costs in comparison to the Local Court Revenue, as defined in Section 4.9,retained by the County" during that year in accordance with Exhibit A. The County will credit the Cities in the reconciliation for the Cities' share of offsetting revenue received by the County for District Court from the state,the federal government and other sources. Reconciliations shall be performed as set forth below- 4.3 1 Beginning in 2007 and each year thereafter,the County shall perform a reconciliation of its actual reported City Case Costs and the Local Court Revenue retained in the previous year. This reconciliation shall be completed no later than July 31 of each year. The County costs of performing the reconciliations shall be a reimbursable City Case Cost and included as a City Case Cost under Exhibit A. 11Page 112 of 147 4.3.2 No later than August 1 of the year in which the reconciliation is completed,the County shall send the City a written statement as to the findings of the reconciliation. 4.4 Subject to the adjustments set forth below,the County shall retain a percentage of Local Court Revenue (as defined below) as payment for City court services. The percentage of Local Court Revenue retained by the County shall be the percentage necessary to pay the City Case Costs. This percentage shall be based on the prior year's reconciliation pursuant to Section 4.3.1. The City shall receive any remaining Local Court Revenue. In order to more closely match Local Court Revenue retained by the County with City Case Costs(and thus lessen the amount of any additional payment or refunds pursuant to section 4.5),the DCMRC shall adjust the Cities'percentages retained by the County after July 31 of each year, for the following twelve months, based on the reconciliations of the prior year. The Chief Presiding Judge shall ensure that the County Executive receives notice of the adjustments made by the DCMRC. 4.5 In the event the reconciliation completed pursuant to Section 4.3 shows that the Local Court Revenue retained by the County in the prior year was less than the City Case Costs for that year,the City shall pay the difference to the County within 75 days of receipt of a written invoice from the County In the event the reconciliation completed pursuant to Section 4.3 shows that the Local Court Revenue retained by the County in the prior year was more than the City Case Costs for that year,the County shall pay the difference to the City within 75 days of the County's completion of the reconciliation or, at the City's option provided in writing to the County, credit the City with such amount for the following year or extended term of this Agreement, if any 4.6 The County retention of Local Court Revenue and the process for reconciliation and additional payments/reimbursements is in lieu of direct City payment for filing fees and it is agreed by the City and County to be payment for District Court Services provided by the County to the City under this Agreement, including but not limited to per-case filing fees. 4.7 Assuming the County has been compensated as required by this Section, all Local Court Revenue received after the expiration or termination of this Agreement but for cases filed during the term of this Agreement shall be distributed between the County and the City according to the same percentages that Local Court Revenue were distributed at the time the Agreement expired or terminated unless an extension or an amendment of this Agreement is entered into. 4.8 One-Time Costs for Technology Improvement Projects. 4.8.1 One-Time Costs for Technology Improvement Projects are defined as the costs associated with the development and implementation of technology improvement projects. The District Court shall involve the Cities in its technology planning as described in Exhibit D The Cities shall contribute each year to a reserve(sinking fund)to cover one-time costs for 12Page 113 of 147 technology improvement projects in excess of$100,000 which are included in the technology plan. This contribution covers the Cities' obligation under this Agreement for supporting one-time costs for technology iinprovement.projects over$100,000. Exhibit D sets forth the amount of the Cities' annual contribution to the reserve for one-time costs for technology improvement projects. Technology improvement projects which in total are less than$100,000 in any year will be included as a reimbursable City Case Cost under Exhibit A. 4.8.2 In addition to other payments required by this Agreement,the Cities shall complete payment of their proportionate share of the total one-time cost to implement the District Court's ECR program as provided in Section 4.8 of the Existing Agreement(effective 111105)). The Cities' share of the one- time cost to implement ECR shall be no more than $56,745 per year for 2007,2008, and 2009 The Cities' share of the one-time cost to implement ECR will be included as a reimbursable City Case Cost under Exhibit A. 4.9 Local Court Revenue Defined. Local Court Revenue includes all fines,filing fees, forfeited bail,penalties,court cost recoupment and parking ticket payments derived from city-filed cases after payment of any and all assessments required by state law thereon. Local Court Revenue includes all revenue defined above received by the court as of opening of business January 1,2007 Local Court Revenue excludes: 1 Payments to a traffic school operated by a City 2. Restitution or reimbursement to a City or crime victim,or other restitution as may be awarded by a judge. 3. Assessments authorized by statute, such as Domestic Violence and Crime Victims,used to fund local programs. 4 Probation revenues. 5 Reimbursement for home detention and home monitoring,public defender,jail costs,on City filed cases. 6. Revenues from City cases filed prior to January 1, 2000. 4.9 1 The City will not start a traffic violations bureau during the term of this Agreement. 4.10 All revenue excluded from"Local Court Revenue"shall be retained by the party to whom they are awarded by the court or who operates or contracts for the program involved, as appropriate. 4.11 Monthly Reporting and Payment to City The County will provide to the City monthly remittance reports and payment to the City from the County for the City's share of Local Court Revenue no later than three business days after the end of the normal business month. On a monthly basis,the County will provide to the City reports listing City cases filed and revenue received for all City cases on which the Local Court Revenue is calculated in a format consistent with the requirements described in Exhibit 13Page 114 of 147 A. Unless modified by mutual agreement, Exhibit A shall set out the process and content for financial reporting to the City from the County 4.12 Payment of State Assessments. The County will pay on behalf of the City all amounts due and owing the State relating to City cases filed at the District Court out of the gross court revenues received by the District Court on City-filed cases. The County assumes responsibility for making such payments to the State as agent for the City in a timely and accurate basis. As full compensation for providing this service to the City the County shall be entitled to retain any interest earned on these funds prior to payment to the State. 5.0 Dispute Resolution. Any issue may be referred to dispute resolution if it cannot be resolved to the satisfaction of both parties. Depending on the nature of the issue,there are two different dispute resolution processes,described as follows: 5.0.1 Facility Dispute. Disputes arising out of facility operation and management practices which are not resolved by the CFMRC may be referred by either Party in writing to all representatives of the DCMRC as designated in Section 2.3 1 If the DCMRC is unable to reach mutual agreement within 60 days of referral,then the dispute may be referred by either Party to non-binding mediation. Any and all Cities who refer a dispute regarding the same event to non-binding mediation,will be considered one party and shall participate as one party for the purposes of mediation. The mediator will be selected in the following manner: The City(ies)participating in the mediation shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person,the two mediators shall select a third mediator who shall mediate the dispute. Alternately,the City(ies)participating in the mediation and the County may agree to select a mediator through the mediation service mutually acceptable to both parties. The parties to the mediation shall share equally in the costs charged by the mediator or mediation service. By mutual agreement,the DCMRC can establish an alternative City(ies)'s share of the mediation costs. 5.0.2 System Disputes. Disputes arising out of District Court system operations or management, or involving the interpretation of this Agreement in a way that could impact the entire system and other Cities with comparable Agreements,may be referred in writing by either Party to all representatives of the DCMRC as designated in Section 2.3.1 If the DCMRC is unable to reach mutual agreement to resolve the dispute agreement within 60 days of referral,then the dispute may be referred by either Party to non-binding mediation,conducted in the manner described in Section 5.0.1 Any and all Cities who refer a dispute regarding the same event to non-binding mediation, will be considered one party and shall participate as one party for the purposes of mediation. The parties to the mediation shall share equally in the costs charged by the mediator or 14Page 115 of 147 the mediation service. By mutual agreement,the DCMRC can establish an alternative City(ies)'s share of the mediation costs. 6.0 Resolution of Disputes Resulting From Specified Events. 6.1 If a dispute arises between the Parties that resulted directly from: i)changes in state statute or regulation,court rule,City or County ordinance,or exercise of court management authority vested by GR 29 in the Chief Presiding Judge,requiring the County to provide new court services reasonably deemed to substantially impact the cost of providing Court Services, or material reductions or deletions of the Court Services included in this Agreement that occurred for a period of at least six months; or ii)any decree of a court of competent jurisdiction in a final judgment not appealed from substantially altering the economic terms of this Agreement; or iii)changes in state statute or regulation,court rule, or City or County ordinance, which substantially alter the revenues retained or received by either the County or the City related to City case filings; Then either Party must first refer its concerns with the changed circumstances under this Section to dispute resolution under Section.5.0.2 and complete the dispute resolution process outlined in that Section. If the dispute is not resolved within 120 days of first referral under Section 5.0.2 or completion of the dispute resolution process outlined in Section 5.0.2,whichever comes first,then either party may serve a notice of intent to terminate this Agreement. Such notice shall be provided in writing to all representatives of the DCMRC as designated in Section 2.3.1 Within 30 days of the date the notice of intent to terminate is served,the chief executive officer(s)of the City(ies),the Chief Presiding Judge, and the County Executive shall meet together at least once in person for the purpose of resolving the dispute. If the dispute is still not resolved, either Party may temunate this Agreement by serving the other Party with a notice of termination pursuant to Section 11.0. The notice of termination may not be served less than 30 days from the date the notice of intent to terminate(pursuant to this Section)was served. The notice of termination shall state the date on which the Agreement shall terminate. The termination date shall be at least 18 months from the date of the notice of termination unless an earlier date is agreed to by the Parties. 7.0 Re-opener. The County and the Cities may agree to enter into re-negotiation of the terms of this Agreement at any time and for any purpose by mutual agreement in writing. The Agreement shall remain in full force and effect during such negotiations. 8.0 Waiver of Binding Arbitration. The Parties waive and release any right to invoke binding arbitration under RCW 3.62.070,RCW 39.34.180 or other applicable law as related to this Agreement, any extension or amendment of this Agreement, or any discussions or negotiations relating thereto. 15Page 116 of 147 9.0 Indemnification. 9.1 City Ordinances,Rules and Regulations. In executing this Agreement,the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances,rules or regulations,policies or procedures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any City ordinance, rule or regulation is at issue,the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City,the County,or both,the City shall satisfy the same,including all chargeable costs and attorney fees. 9.2 Indemnification. 9.2.1 Each Parry to this Agreement shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment w such, from any and all costs, claims,judgment, and/or awards of damages, arising out of,or in any way resulting from,the Party's negligent acts or omissions. No Party will be required to indemnify,defend,or save harmless the other Parry if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other Party Where such claims, suits,or actions result from concurrent negligence of two or more Parties,the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. Each of the Parties agrees that its obligations under this subparagraph 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,each of the Parties, by mutual negotiation, hereby waives,with respect to each of the other Parties only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW In the event that any of the Parties or combination of the Parties incurs any judgment,award, and/or cost arising therefrom, including attorney fees,to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible Party or combination of the Parties to the extent of that Party'shhose Parties' culpability This indemnification shall survive the expiration or termination of this Agreement. 9.22 With respect to any technology provided by the County for use by the City pursuant to this Agreement,the County shall defend the City and the City's officers and directors, agents,and employees, against any claim or legal action brought by a third party arising out of a claim of infringement of U.S.patent,copyrights, or other intellectual property rights, or misappropriation of trade secrets, in connection with the use of the technology by the City so long as the City gives prompt notice of the 16Page 117 of 147 claim or legal action and the City gives the County information, reasonable assistance, and sole authority to defend or settle any such claim or legal action. The County shall have no liability to defend the City to the extent the alleged claim or legal action is based on: (i) a modification of the technology by the City or others authorized by the City but not by the County; or(ii)use of the technology other than as approved by the County 9.3 Actions Contesting Agreement. Each Party shall appear and defend any action or legal proceeding brought to determine or contest: (i)the validity of this Agreement; or ii)the legal authority of the City and/or the County to undertake the activities contemplated by this Agreement. If both Parties to this Agreement are not named as parties to the action,the Party named shall give the other Party prompt notice of the action and provide the other an opportunity to intervene. Each Party shall bear any costs and expenses taxed by the court against it; any costs and expenses assessed by a court against both Parties jointly shall be shared equally 10.0 Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein.Nothing in this Agreement shall make any employee of the City a County employee for any purpose, including,but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded City employees by virtue of their employment. At all times pertinent hereto,employees of the County are acting as County employees and employees of the City are acting as City employees. 11.0 Notice. Unless otherwise provided herein,any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee,or sent by certified or registered mail,return receipt requested, addressed as follows,or to such other address as may be designated by the addressee by written notice to the other party- To the County- King County Executive;701 Fifth Avenue, Suite 3210, Seattle, Washington 98104 To the City- Director of Human Resources and Risk Management, 25 West Main St,Auburn, WA 98001 In addition to the requirements for notice described above, a copy of any notice or other communication may be provided to the Chief Presiding Judge of the District Court. 17Page 118 of 147 12.0 Partial Invalidity Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law Any provision of this Agreement which shall prove to be invalid,unenforceable,void,or illegal shall in no way affect,impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect.Notwithstanding the foregoing,this Agreement shall be subject to re-negotiation as provided in Section 7.0. 13.0 Assignability. The rights, duties and obligations of a party to this Agreement may not be assigned to any third party without the prior written consent of the other Parties, which consent shall not be unreasonably withheld. 14.0 Captions. The section and paragraph captions used in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 15.0 Force Majeure. The term"force majeure"shall include,without limitation by the following enumeration, acts of Nature, acts of civil or military authorities, fire,terrorism, accidents, shutdowns for purpose of emergency repairs, lockouts, strikes,and any other labor, civil or public disturbance,inability to procure required constriction supplies and materials,delays in environmental review,permitting,or other environmental requirement or work, delays as a result of legal or administrative challenges brought by parties other than signatories to this agreement,delays in acquisition of necessary property or interests in property, including the exercise of eminent domain, or any other delay resulting from any cause beyond a party's reasonable control, causing the inability to perform its obligations under this Agreement. If the County is rendered unable, wholly or in part,by a force majeure,to perform or comply with any obligation or condition of this Agreement then,upon giving notice and reasonably full particulars to the City, such obligation or condition shall be suspended only for the time and to the extent reasonably necessary to allow for performance and compliance and restore normal operations. For purposes of this Agreement, "force majeure"shall not include reductions or modifications in District Court Services caused by or attributable to reductions or modifications to the budget of the King County District Court as adopted or amended by the Metropolitan King County Council. 16.0 Entire Agreement. This Agreement, inclusive of the Exhibits hereto,contains the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all 18Page 119 of 147 prior oral or written understandings, agreements,promises or other undertakings between the Parties. 17.0 Governing Law. This Agreement shall be interpreted in accordance with the laws and court rules of the State of Washington in effect on the date of execution of this Agreement. In the event any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement,the Parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction situated in King County, Washington. 18.0 No Third Party Rights. Except as expressly provided herein,nothing in this Agreement shall be construed to permit anyone other than the Parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action(as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. 19.0 Counterparts. This Agreement may be executed in counterparts,and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. 20.0 Amendment or Waiver. This Agreement may not be modified or amended except by written instrument approved by resolution or ordinance duly adopted by the City and the County;provided that changes herein which are technical in nature and consistent with the intent of the Agreement may be approved on behalf of the City by its chief executive officer and on behalf of the County by the County Executive.No course of dealing between the parties or any delay in exercising any rights hereunder shall operate as a waiver of any rights of any Party IN WITNESS WHEREOF,the Parties have executed this Agreement on the dates indicated. King County City of A 7 King County Executive Ti e: Mayor Date: 2. Date: 9146,1 ' 2 19Page 120 of 147 Approved as to Form: Appro to g County uty osecuting Attorney rney 20Page 121 of 147 EXMBR AAND ALL ATTACHMENTS ESTIMATED EXAMPLE SUMMARY TO ATTACHMENTS A THROUGH J T}` Amacthnent Item CNy Case Costs2011 Chy Case Coa1s2010 Beaux PJ" rtf110DWDA 2011 Di$Tq Court Proyrlm ButlgM 72011 men A saw"am Bona515 less Prabaw 4,639,951 3,365,789 Btllevle 55%,85%50%M%vN Nm acley mstsMan-CX aye W 720110,8,100%! B wits less Txommon 545373 510,289 Bvlen O% C Lu,ont EapansO OrMrOad 31.422 24WI Ca"avn 10016101% Ddsniq Cam Faa00es Odd atrt ar14 D Rent 271,291 M.IgIS t00W0% E Sdcudty Coats Pdr Fatty 25,128 475.187 buvaa IC096( :4 FaO6licsSona4Y lasasBan Division Kesrmore 1COWD% Facorbes-Call Ceoted aymen! F CeMttF Proces"wit 21,486 16,441 Rewdrld 80%I20% G Recurs ion Cosh 401 500 Sammams, 1001MO% OtwTme El H,Cant Rer4ads H Tedvtology Costs Wsed on Useful Lde ShoreSne t00W O% One-Tme CamrorTe ogy I ImyaiMneM RUbOs n.477 6+614 5 Oman tODWO% TOTALCRYCASECOSTSIN2011 6,115,Sm 4742.596 Woodi,v,6e TOTAL CRY REVENUE IN 2011 5 7,356,587 S 6.600,070 Pmemage of Total City Case Costs as Total Chy Revenue 2011 63.36%. 71.%% City Dedicated Closes J TOTr od Gyspxe TOTAL CRY COSTS wr DEDICATED 6,115,516 4,742.596 MetMdologylD06nhbnsMO[cs: 1.Distliat Cam Pmgra .Budget A budget mat Is seated by Ore Court to porton out salaries arld bdne by sped8coovt programs 2.Based oe ma District Coat Pmgmm Budget(Alta of ,A).40nlmtl o represent a percentage of Duna Court Pmgmm Budget Costs 2583% 4. 11e OhmcWatProgram Euilet vAispempm nnnually asottl Inaper Pr) Budget311earoaa iss4.Tim' CitYCicrrefarrtroe MExhibit, is Outtdly t e cl ty, District Court siof AdocI eritsA dro C«laatt uses(zee A30tlY,e,t A).5.Tte'Ciy Ceao CesWor oc Year,uMalat¢ a by me Lamy,iseOrmltothe sumof, odd , 8colea J. 6.TMaccme6 mr,refem10 mlude0 tn sio su maybe moSrt edcmeadwdt Me milesrefererKtdMR4nOlede«nM+O iMhpe any tulle 5u«.ss««nwaflM MCM adopted OY 810 CCUmy. DlRerenceof T4b1 City County Total City City Rmenue City COStand City Remillweeto RelmOUraement Chy City Po,bn Of Case Costs City DMIoa1N Cos" Total CRY C y Revenue POIdl Revrnue Pall County 2010 to CRy 2010 Beams Arts 5. .. 0 _ 0 0 043 SO.a3 ArAum 5 1 533:52 153.3,752 Beleyae 6 1 37.7e8` ._1,737.748 - 3.535494--` " 2345.416 507.667) 5507,667 lien S 386.113 386,113 352.143 2648Tr 1212% 51212IJ Cameo, 5 41,475 41,475 34,4% 34,4% 8,979 $693 Covington 5 257,053 257.053 154065 156.065 1 @,968 5102,988 Duval 5 6$.062 65.062 80,814 60,814 4248 54246 Kercn«O a 2a9,S0a 249,504 219,078 219.078 30.425 530428 Rednend 5 885908 888,908 2,194.511 1,791243 490x3351 5904335 Sam al, S 16x,741 186,741 113,057 113,057 51,684 $51,684 Sn es S 739,548 739,968 598,S3 595873-141095 $141,095 Sky60mish S 0 0 YJooRxmTe 5 53212 J 53,212 73,757 73.757 in ) 520544 Tomb. 56,115536 319 55115,536 37,336,567 35,555675 3871.491 5"53656 S1g32.54T Es tad Example of Cerltract Ree4r1CW5ort 3311 eith AolU nserted.tls(Tab Summary) 1 711221112l?6AM Page 122 of 147 ATTACHMENT"A" -TO THE FINANCIAL EXHIBIT Ktng County District Court 2011 District Court Program Budget Salaries and Benefits less Probation OPJ/ Central Prob Prob Salary/Benefit Judges' Clerks* LT' CM'Admin Aides' Mgmt PO Is Support Total Expenditure to subtotal County-State Criminal 9.13 17.51 0.41 2.32 6.66 054 3656 3,668,183 20.42% County-State Infractions 1.73 24.30 0.57 3.21 8.10 0.76 3866 2,952,665 16.43% County-State Civil 3.82 33.38 0.78 4.42 21.29 104 64 73 5 046 098 28.09°/6 City Contracts 6.10 32.03 0.75 4.24 11.07 100 5519 4 639 954 25.83% Re Licensing Court 0.26 3.42 0.08 0.45 1.14 0.11 545 418,115 2.33% DV Court 1.16 1.84 0.04 0.24 072 0.06 4.07 425,431 2.37% Jail/Felony/Expedited 202 2.72 0.06 0.36 0.85 0.08 610 669,760 3.73°/6 Inquests 0.18 0.18 0.00 0.02 006 0.01 046 53.688 0.30°/6 Parts 0.91 0.02 0.12 0.22 0.03 130 92,505 0.51% Subtotal without Probation 24.40 116.29 2.71 15.38 50.i 1 3.62 212.52 $ 17,966,399 100.00% District Court Program Budget,Salaries and Benefits attributed to Contract Cities. 4,639,%4 Multiplier(Percent of Salaries and Benefits for Contract Cities 1 2683% County Probation 7.46 0.17 0.99 3.68 0.23 1.24 6.81 3.87 2445 2,019,317 City Probation 4.07 0.09 0.54 1.91 0.13 058 3.19 1.81 12-32 1,007.123 DV Court Probation 0.68 0.02 0.09 0.40 0.02 0.18 1.00 0.57 296 251,730 Subtotal Probation Costs 12.21 0.29 1.62 5.99 0.38 2.00 1100 6.25 39.73 $3,278,170 Probation as Percentage of Total Staff 15.75% Total District Court Costs 24.40 128.50 3.00 1700 56.10 4.00 2.00 11.00 6.25 252-25 $ 21,244 570 110 'Judges included in Central Admin 1100 'Call Center Clerks counted in Central Admin 9.00 'Payment Center Clerks counted in Central Admin 8.00 'CPU Clerks counted in Central Admin 4.00 'CM included in Central Admin for Call Center. Payment Center&CPU 6.25 *Court Clerks counted in Prob Support Attachment A 2 Page 123 of 147 pE f 6 yFL nn fi7 ^ ate '.. F^ S6°.. e s • r " d 3 If9°:' Sd " Y7: F Fl: id 4k a All HI Page 124 of 147 ee h/ j E \ § g;E b Q s!J I° art4 gQJ§!R©Hall' ggNI111 MIT M u Page 125 of 147 ATTACHMENT"C" -TO THE FINANCIAL EXHIBIT Current Expense Overhead District Court CX Overhead by Category Less Probation 15.75% 2010 CX Overhead amounts incurred by the CX fund on District Court behalf of District Percentage District Court Under Sheriff Court less Probation Costs Contracts Sheriff contract Allocation Allocation City Case Costs General Government 333,266 84.25% $ 280,776 $ - Personnel Services 143,638 84.25% S 121,015 $ 121,015 III. Current Expense Overhead 25.83% S 31,252.96 Bus Pass Subsidy 110,041 84.25% $ 92,709 S - Ombudsman 1,138 84.25% S 959 $ - Fixed Assets Mgmt 779 84.25% $656 $ 656 III. Current Expense Overhead 25.83% S 169.50 Countp Mde Mail Service 10,204 84.25% $ 8,597 $ - State Auditor 9,726 84.25% $ 8,194 $ - Budget Service/Strategic Planning $ 102,895 84.25% $ 86,689 S - Building Occupancy 255,544 100% $ 255,544 S 255,544 IV Facilities Operating&Rent Attachment D Records Management 20,781 84.25% $ 17,508 $ - PAO 76,615 84.25% $ 64,548 $ - Overhead to District Court 1,064,627 377,215 S 31 422 Methodology/Definitions/Notes: 1 City Case Cost is the amount incurred by the Current Expense fund on behalf of District Court for personnel services and fixed asset management multiplied by the Multiplier from Attachment A Attachment C 4 Page 126 of 147 ATTACHMENT"D"-TO THE FINANCIAL EXHIBIT District Court Facilities-Operating and Rent Year 2011 Average of Clerical Need Percent and the Dedicated Total facility Judicial Need So Footage CountvrOther Dedicated Total square operating and Percent by City Case Facility thi facility Space City Space Shared Space foot charge rent costs Facility:Costs Bellevue 71% Buhm 11.683 757 10,826 $ 23.T, 257,363 10% 26,904 Issaquah 15,017 2,961 12.056 $ 30 13 363.247 8% 27,568 Redmond 11,656 1,020 10.636 $ 2377 252,846 29% 72,375 Shoreline 11,523 653 10.8.70 S 258,409 49% 126.135 100% Renton 9.492 981 8.511 S 2377 202.329 9% 18.308 Total 59,271 6,372 52,899 1,334,196 271,291 Calculation of Muhipi by Facili : Clerical Need percentage Judicial Need Percentage A B C=B/A D E F=EID G=(C-li Avenge of Clerical Need Percent of Percent of Percent and the Total Clerical Total Clerical Need Total Judicial Total Contract Judicial Need Judicial Need Need per Contract City for Contract Need per City Judicial for Contract Percent by Facility Clerical Need Cities Facility Need Cities Facility Bellevue 14.00 10.87 78% 2.60 1.65 63% 71% Buden 20.00 2.30 1256 4.00 0.38 9% 10% Issaquah 10.00 0.83 B% 200 0.14 7% 8% Redmond 2175 6.24 29% 3.40 0.97 29% 29% Shoreline 12.00 5.22 43% 2.40 1.30 5 %% 49% Wburngdy Hai 10.00 9.15 91% 1:50 1` 100% 96% Renton 15.00 150 10% 3.00 024 BY. 9% 6lethodology113ehnitions/Notes: 1 The rate for each year is calculated in the attachmert(tab)-Facility Rates." Changing the year at the top of this sheet will update the facility rate. 2.Refer to Exhibits Band C for the overall methodology Refer to the tab Faclity,Rates for the calculation of the Total Square Foot Charge.The multiplier by faciliy is the average of the percent of clerical need for contract cities in the facility and the percent of judicial need for contract cities in the facility. The GN Case Cost is the product of the muHiprw by facility and;he total facility operating and rent mats by fad lity 3.Figures for dedicated and shared spaces are based on rentable space consistent with SOMA standards. 4.Areas highlighted In yellow will change once the actual rate is delemtined in 2008,according to Exhibits 8 and C. 5. Dedicated city space is detailed in Attachment J and linked to this sheet. 6.The Redmond and Shoreline facilities each have a courtroom that was empty and unused prior to and on the commencement date of the Agreement The usable space for these Coudrggm5 is included in the-Dedicated County/Other Spacer column so that it can be deducted from shared space. At the point either of these courtrooms are activated the associated space will be included in the shared space. All space that becomes empty or unused after the commencement date of the Agreement will be included in the shared space unless provided otherwise in Sections 3.1.6 or 3.1 7 Attachment 0 5 Page 127 of 147 ATTACHMENT"E"-TO THE FINANCIAL EXHIBrF Re srC Septemacr 2010 Security Costs per Facility Avm.m of v6ay TohM Saerilf PCtemtaae Sri pp, dm ,( ON G 1e 85kffi oereedaoc CC 3 vcr Fa Jty F.xiiiry Del FaaaiN E culw mlk 193908 11% 136,782 Bear 193,908 10% 20,211 isssmn 193808 8% 14.716 Kennard 193.908__ D% 55.505 SXe'elineRontm 191908 9% 17,546525.128 T0C1 Security Cons pm Facl0ty Cost pa FTE 9 d FTEs S-w y srroonor ircM1ACS OT s 64,512 1.00 D.P,,YN "t-h OT s 121.180 1.33 Serge m ir.ItAe1 OT s 8056 0.05 5 193.9011 C cWobm of MWtiplw by Fa ity: Ci Nl Juddal twee A 8 C=WA 0 E F=FA G= C-F Pe .td Pecentd Trial Claicel 70121 Qma Need Te JuSCial Tool Ju A N Avenge d ai N Na NeM Im Car1V4Ct my for Contract NCCE PR Ca0trar4 Gty for COntratt P.,an4 tae Ju C' Facility Clerical Neo6 Cities Facalty JWicial 14e G84s No Percent by Facility 8e6evue 14.00 10.87 18% 260 1.65 63% 11% Been 20.00 230 12% 4.00 0.38 9% 10% k"gLab 10.00 083 8% 2.00 0.14 1% 8% Rad.old 21.15 624 29% 340 0.91 29% M% Sk ft 1200 522 43% 2 1.30 54% 49% Re 15.00 1.50 iml 3.00 024 8% 9% YcMe OgylDCliuBOnsMOMS: 1 Tb0 muaveer M faalay is Ne aere9e d efe FacaV d aaiczl n00C fd mrmaet c'tes i1 an fddiy anti 8ta l+ei0o4 d j4 coma[{dies n"tx5ly.TAO Cty CasaCm,h Be woo+ of 8e avant nail zalay ad bent"rot Sealy and smmir,8eadi tarw a-e Be mldtpfer by faciry. z Tbo$Nbllrz OFCe w8 cmm sz peFa4ies wM love praiee0 seariy at Bic O"suia Govt MvVa0ian MrtP byte Masbh beg:y ly h Saglstmr 2010 Tie mma cariv0rsm ae be pmvM n 8s anciaaleo Ont ivessiq tfe rvnbar dMarvxNS aertra:etl a DisV[S Cart rata0iousasvu PlovAe ekl for varatun sick leave.rognM 8arng,aM to miAfnCe wertire,axclapwNCasbr4 raM dc95i pmNM1i(18e IWSe.TM pet4m al8e sage3it llCkrJC4 nCCSa seafiy COAS wY EC Ca9tmnN ty11m 1adl Mnper of matXUN aw 1aeelNS tie postm sgervices FTE mm ilrJae sabry beM4s,ad osvnire. AtLaOanae E 6 Page 128 of 147 ATTACHMENT"F"-TO THE FINANCIAL EXHIBIT Facilities-Call Center/Payment Center/Civil Processing Unit Year 2011 So Footage Total per foot City Case Facility by facility Shared Space Cost Multiplier Costs Call Center 1 2.4591 2,459 1 S 23.77 25.83%15,097 Civil Processing Unit CPU) 973 S 23.77 0.00% Payment Center 1,041 1,041 $ 23.77 25.83% 6,391 Total Costs 21 488 Methodol ogyfDefinitionslNotes 1. The"total per foot cost"rate for each year is calculated in the attachment"Facility Rates"pursuant to Exhibit B Changing the year at the top of this sheet will update the facility rate 2. CPU completes no city work only county work therefore,multiplier zero. 3. The Payment Center&CPU share a lunchroom and manager offices.These spaces have been split between these units. Attachment F 7 Page 129 of 147 ATTACHMENT "G" - TO THE FINANCIAL EXHIBIT Reconciliation Costs Total Costs for Reconciliation 401 Calculation of Reconciliation Costs Budget Manager/City PSB Budget Staff person name KCDC Director Contracts Analyst Total Hours spent on Reconciliation 0.50 8 1 95 Cost per hour(include Salary and Benefits)S 58.66 S 40.16 S 5032 Total Costs for reconciliation 29 321 50 401 Specific Task done and hours spent on Reconciliation listed below Reconciliation Documents Preparation 600 Review/Analysis Reconciliation Documents 200 Sum of All Hours 800 Method ology/Defin itions/Notes: The amount the County incurs to complete the annual reconciliation as referenced in Section 4.3 Attachment G 8 Page 130 of 147 ATTACHMENT "H" - TO THE FINANCIAL EXHIBIT One-Time Electronic Court Records Technology Costs based on Useful Life Calculation of Electronic Court Records Total Electronic Court Records Costs` 5 1,380,922 Divided by Useful Life 5 years 2005-2009 Total Costs per year 276,184 Multiplier 25.83% Final City One-Time Technology Costs Background Information on Actual Costs for Electronic Court Records By Account Code Detail Software& Licenses 292,483 Contract Services 825,577 Capital 262,862 Total Costs 1,380,922 Methodology/Deli n itions/Notes: 1 Per section 4.8.2 of the contract, 'The Cities' share of the payment to implement ECR shall be no more than $56,745 for each year of this contract or any successor contract, up to a maximum of five years." The five years will be completed in 2009. Attachment H 9 Page 131 of 147 ATTACHMENT"I" -TO THE FINANCIAL EXHIBIT One-Time Costs for Technology Improvement Projects City Contribution Reserve Threshold City Multiplier City Share Beginning Balance Expenditures Interest Earnings Ending Balance Reserve Cap' 2007 100,000 1814% 18,143 0 0 0 18,143 900.000 2008 100,000 18.72% 18,718 18,143 0 121 18,264 918.000 2009 100,000 2102% 21,019 36,982 0 306 37,288 936,360 2010 300,000 20.54% 61,614 58,307 0 335 58,642 955,087 2011 300,000 25.83% 77,477 120,256 0 485 120,740 974,189 2012 300,000 198,218 2013 300,000 2014 300,000 2015 300,000 2016 300,000 2017 300,000 2018 300,000 2019 300,000 2020 300,000 20211 300,000 Methodology/Definitions/Notes 1 This Attachment is developed pursuant to Exhibit D The City Multiplier is calculated in Attachment A. The City Case Cost is the product of the multiplier and the threshold unless adjusted or waived in any year where the reserve is projected to exceed the equivalent of the Cites'share of$900,000 increased by 2%per year beginning in 2008. Attachment I 10 Page 132 of 147 ATTACHMENT "J" -TO THE FINANCIAL EXHIBIT Dedicated City space City cost for j Dedicated City Total square foot dedicated city Space charge space Description Beaux Arts Bellevue Burien Carnation Covington Duvall Kenmore Redmond Sammamish Shoreline Skykomish Woodinville Total Methodology/Deli n itionslNotes 1 Figures for dedicated and shared spaces are based on rentable space consistent with BOMA standards. Attachment J Page 133 of 147 Summary of All City Case Costs This aftachr ent(and!NwFacility City Case Costs and Facility City Case Costs)divide the overall Cily Case Costs as determined in 60h bt A td indhbual cities based on the same merhod amenty used to allocate costs Those costs which are mainly salaries eM benefits and are n facdty based,Attar me,ts A.B.C.F.G.H and I are albraled Oared on each cities percentage Of all Mies nerical weights. Those costs which are fatility based,Attadrnents D aM E are albpted based on lye average of city case Rings percentage and My judicial weighs percentage per fael'ry. The tables Delay describe haw tits method allocates these costs across each city Summary of city Case Carta Total Costs per Slmmary Exhibit A YeMOd for Ali u Non-Facility COSta Faclfity CosesClerical N Judlelal Attachment Item C7 Case Costs 2011 Clerical Weigh" Weights 2011 Oisbin Coot Pngram Budget A Satanes and Bene6LS Im Probation 4,639,954 S 4.639,954 Nor. acility mstsM CX overhead B costs less probation 548,373 5 548,373 C Current Erpeme Overhead 31,422 S 31.422 District Court Facilities-Operating and 0 Rent 271,291 S 271,291 E Seeaty Costs per Feel ty 525,126 S 525,128 Facilities-Call Cereer/Paymere F CenMNCivil Processing Unit 21,488 $ 21,488 G Reconciliation Costs 401 401 Oro-Time Elettrraric Coat Records H Technology Costs based on Useful Life s One Time Costs for Technology I imIameement P 'ens 77,477 s 77 q7 TOTAL CITY CASE COSTS IN 2011: 6,115,5% $5.319,117 $798,419 TOTAL CITY REVENUE IN 2011 S 7,336,587 City Dedicated Costs J Dedicated Cty space TOTAL CITY COSTS w/DEDICATED 6,115.5m Toal City Case city Non-Facility,Costs Facility Costs Dedicated COSts•Costs Total City Revenue Difference Bea=nets S 5 0 0 S 3 0) S 1.533.752 S S (1.533.752) Bellevue $ 11. .967 $ 136.782 S 1737748 S 3,535,494 S 1,797,746 Buren 3 338,938 S 47,174 386,113 S 352.413 S (33,670) Carnation $37181 S 4,294 S 41.475 S 34.496 $ (6,979) Covington S 221 199 5 35,854 3 257,053 S 154,065 S (102,988) Duvall S 58.454 S 6,608 65,062 $60.814 S (4,248) Kenmore 5 193.99 S 56,405 S 249.504 5 219.078 S (30426) Redmond $ 777.470 $ 109,438 886,906 S 2.194,511 3 1,307,603 Sammemish S 122,456 S 42,285 S 164,741 S 113,057 $ (51,684) Shoreline S 575.587 S 164,381 779,968 $ 598,873 $ (141,095) Skykanish S S S S Woodinville $45,672 $ 7,541 53212. S 73,757 S 20,544 Total S 5,319,117 S 796,419 S 5 6,116,536 $ 7,336,587 $ 1,221,052 Nolen.See Attach nom J All City Case Costs 1: Page 134 of 147 Nor-Facility City Case Costs Stmtmary TdNCaarper Surmwy Fi to 25.34% mvdtwfor ASOCaWn 295.589 3010%51.W0.967 7.98,1 N1 FacggyC sts Fankty t:F S 338,938 30.089 0.70% cIM<al 37,181 179,006 4.16%S Ntt JUalUal Atta.l m4 94111 CxycaseCo54 ml CkrKal yh w welgM 3.63% 2011 Orstttl Prpgram awget 193,099 629,171 14.62% A SSanes arlC Bb1e:651e55 F1a0a!ron 4639.954 5 4639354 S 127456 Nbm.Fad6y a,ca,N %0VCrt A 10.82%5 55.567 8 msts less pr00atan 548.373 5 548,373 36.960 C Co. m 6s 0reUteaC 31,422 31422 220 S Oisela Cant Facitw Operargane S 3 S 0 Rmt 271,291 5 271291 E Se Icy Costs per FadW Min 5 525,128 894 Facates-Cast Ce uwFayncrc 17 5 3,222 F CanleaCW Paces g Umt 21,488 S 21,488 S G R.60860n Costs 401 401 236 S Oman I1YbaricC ReoalEs S -5 851 S 58454 H Teovt4bgy Costs p on US L9a 168,443 19,907 5 OroTlnle Costs r.Ted ,bgy 5 780 S I ba ell>Q9 pIcieva,77m s Iran Re0.mord 5 TOTAL CrtY CASECOSTS 903011:I Is 531911 : 5 796.419 4,593 TOTAL CITY REVENUE IN wit Is 7336,537 S 59 City OMir m Costs J De8ia4o0 CSy spate TOTALCTfYCOSTSMOEOICATIM 8.115,538 obi 25.34%51.348,094 295.589 3010%51.W0.967 7.98,1 274,287 6.3714 S 338,938 30.089 0.70%6 37,181 179,006 4.16%S 221199 47,300 110%S 58,454 156,266 3.63%S 193,099 629,171 14.62%S 777.470 99.096 230%S 127456 465,796 10.82%5 55.567 0 000%5 Calllatcr 36.960 0.88%5 45572 N"Fwlty Coy Case Cosh13 1 175.985 138,982 5 7.98,1 5 5,446 S 102 S -S 19.836 S 1,348094 Beieme 5 1,396,550 5 165,051 S 9.458 6,468 S 121 5 -5 23.319 1,600,987 Buren 295,631 34,943 7002 5 1.339 S 26 S -5 4,937 5 338,978 Calllatcr s 32434 S 3,833 S 220 S 150 S 3 S 5 542 37181 coela9lan 5 192.055 S 22,804 1307 s 894 S 17 5 3,222 S 221 799 WvaA s 50,990 S 6,028 S 345 236 S 4 S -5 851 S 58454 KerFnme s 168,443 19,907 5 1.141 5 780 S 15 S -S 2,913 193.099 Re0.mord 5 628,200 S 0.1$1 5 4,593 5 3.141 S 59 S 11.324 777,470 Samva9n 5 106,820 S 12.825 723 S 495 9 S 5 1,784 S 127456 StwKne 5 502.094 S 59,34D 5 3,400 5 2.325 43 S -S 8,384 S 575.587 Slryaemish s S S S S S S S ylu08rNib 5 39,840 S 4.702 S 270 S 185 3 S S 665 S 4 m N"Fwlty Coy Case Cosh 13 Page 135 of 147 le eR R9wRR§ 9 ^ a ` 4g ! |X- dx8 8 t ! ..... .. t l gee/ 8#» 989 w» ar. a a 2 El/ l Page 136 of 147 County/Other Dedicated Space Dedicated Sp Footage by County/Other Facility facility Space Description Bellevue Burien 11.583 757 County prosecutor occupies two rooms in NW comer of facility. 1070 sf is vacant, previously occupied by County prosecutor 1891 sf for DC Issaquah 15,017 2,961 probation. County prosecutor occupies three rooms off the lobby hallway County public defender, County Prosecutor(state cases),and Marshall occupy Redmond 11.656 1,020 three rooms to the right of the main entrance Shoreline 11.523 653 DC probation occupies several offices off the main lobby halfway 653 Renton 9.492 981 DC probation occupies several offices off the main lobby Total 59,271 6,372 Note: 1 As requested,the County can provide drawings of these facilities to illustrate how spaces are allocated Dedicated County Space 15 Page 137 of 147 King County District Court City Revenue Shared Court Costs Shared Court Costs Year 2010 Yi0 Revenues Year 2011 YTD Revenues Revenue 100% Remitted 100%Revenue Actual Retained Revenue Revenue Actual Retained Revenue under Old Collected Split Co/City by County Remitted to City Collected Split Colcity by County Remitted to City Contract Beaux Arts 40 100%!0% 40 0 0 100%10%01 0 0 80%20%until 70%6/30%until 82010 then 72011 then Bellevue 3,935.847 70%/30% 2,974,058 961,789 3,535,494 55%/45%2.245416 129.078 2,513 40%6/60%until 500/150%until 82010 then 72011 then Burien 382,949 500/ 6/50% 170.125 212,824 352,443 100%10% 264,877 87.566 357 Carnation 31,307100%/00/ 31,307 0 34,496100%/0% 34,496 0 0 Covington 123,297100%d 0% 123,297 0 154,065100%/0% 154.065 0 30 Duvall 74,565100%6/0%1 74.51151 0 60.814100%610% 60.814 0 504 Kenmore 237,0761000/d 0%237.0761 0 219,078100%10% 219.078 0 252 Redmond 992,375100%/0% 992,375 0 2,194,511 80%6120%Li91,243 403,268 2,729 Sammamish 113.718 100%/O% 113,718 0 113,057 1000/10% 113.057 D 0 Shoreline 626.022100%10%626.022 0 598,873100%10% 598.8731 967 Skykomish 0100%/0% 01 0 0100%10%0 0 0 Woodinville 82,8541000/6/0% 82,854 0 73757100%10% 73.75% 0 359 6.600,070 5,425,457 1.174,613 7,336.587 5.555.675 619,913 7,711 Total City Revenue 6,600,070 7,336,687 Dollar amount is different from page 1 We have deleted cities which no longer contract with us. Note 1 Contractino Cities changed in 2005&2007 2.Cities that no longer contract with KCDC am not reflected above Revenue 16 Page 138 of 147 2011-KING COUNTY DISTRICT COURT FILINGS BY CASETYPE PC Jail In'raction Infraction Criminal Criminal Protection Small Expedited Felony Total Jan- Traffc Non-Traffic DUI Traffic Non-Traffic AH/Orders Civil Claims Hearings Hearings Parking Dec JURISDICTION State/County 88,936 6,082 4,804 4,570 2,546 2,029 27,067 5,233 1,220 10,747 2.179 155.413 Vashon Island 98 12 8 2 9 13 142 Total State/County 89,034 6,094 4,812 4,572 2,555 2,029 27,067 5,233 1,220 10,747 2,192 155,555 Beaux Arts 0 0 0 0 0 0 0 Aubum 5.458 74 210 1,577 1,692 36 5,986 15,033 Bellevue 17,804 94 268 1,046 1,108 23.513 43,833 Burien 1,137 8 78 323 649 3.259 5,454 Camation 170 0 12 44 37 1 264 Covington 1,180 9 24 305 226 258 2,002 Duvall 280 0 29 58 51 35 453 Kenmore 1,753 114 61 190 161 212 2,491 Redmond 7,122 101 161 587 574 16.209 24,754 Sammamish 1,000 21 71 97 92 77 1,358 Shoreline 5,402 109 119 526 628 671 7,455 Skykomish 0 0 0 0 0 0 0 Woodinville 246 6 19 28 89 93 481 Total Contract Cities 41,552 536 1,052 4,781 5,307 36 0 0 0 0 50,314 103,578 Total KCDC 13006 6,630 5,864 9,353 7,862 2,065 27,067 5,233 1,220 10,747 52,506 259,133 Flings by Case type 17 Page 139 of 147 I... ..... 1 . . ... .,,, ,. li , . l . . ! ° , ,228lQQ9 r ` ° ! : • . . , ; , . ° !, . g \ h!!|Page 140 of 147 I ifJH 11 I ' II .:w,,w8 ,-,, I\ha st ! -h f r1� p f fofg ,,�� �o-II t � 0� w." �o I ij 0� -� • ,i 5 8& �u 80 0 El B fi �.� I ,f 1 1 1 1I .. ,h iJ J .. J' ii •• 3 • I ; j 0 0 9 : 0 i i I� 0 � r0 9 ,, ��� 8 II fi(Il! i 2u� s r" '5§" �:rn:Ji i h r I :,;:-::�;�; HH���iae ,.l,;um ,Jo-000000 =�-8���ij2�8 H o�� sh ; ; s HBHU�� i Jrl i l�HJ I I I 1 w 1 1 �l nl ,1 I s ,i J l 1 r �i i £i a a s f 1 1P i � B���ff I f � 0 i 1 ii s f ! D S a; a G �;�i;I 'I I; : �,1 fl G t r i 5:, ii b ·a 0 !l a I ;§�a� ,{ oo i( � i8 Gh GG i k E ;JiJ � 3 - • - ): §ia,;�skt 1 f II I I I J ' I !, ; �:� ut l ; ; G G Ii II .,, 9 B � Sh ;�r Page 141 of 147 2011- IONG CWN p5T16CT COURT N10Cg 445 X26 CentnEe4 Cl 625 Carp pak UM Clerks eRnnrfwMlelCaVra6ae4vnU Total We 02 Cemp9arrn Ceno- afe4 Pre9ramsCykaf5dl Cxrkalsdl Clarlo Cbnu CCUefySateGOUWN7CanDel.M,TgCxdNidpp'a 30. 30 1161% 639 23.97 T naxllVnebncImSCSNaw ,N.tD132. 97 20. 26% 691 26 cju -'-xCiW,NameCSmaliCtcal^w+xs1276 25. 98% 9. 90 3338 CqrCannBe4ua.wam am% 0. 03 am IW.1379 346% z90 1067 Bnen2. 91 1. 79% 0. 61 230 WrvSenam Q20% 0. 07 025 cp.in9xn1. 90 117% 0. 4) 1. 50 0.vall050 0. 31% 0. 11 0.40 Itme+pm1. 66 1. 02% 0. 35 1.31 RMnm46. 68 4. 1194 1. 41 5.26 a1Wn11. 59 712% 2N 9.15 S.mmavnc61. 05 a65% 022 0.83 51meNme4. 91 10414 to, 391 sgka0. 00 n00% am 0.00 Wop6m+6eam 024% 0. 96 0.31 6vlOtM1'lSGan0. 31 266% 0. 91 3.42 DVCwr1(Sda) 233 1. 43% 0. 49 1. 84 JaaM1'eba9l5ape6x4245 1. 50% 0. 51 1. 93 V. epeeI. W a61% 021 an 0ea5f6grxsu0. 23 0. 14% o. 03 0.16 p.sft1. 16 0. 71% 024 0.91 Tedinn 1000% 2425 lum T45iF5E6xCNeka155M16175 SPECIAI7FTrs CarryCara:625 prograwcan P.=Mkrb1, 16 MIS CaS,. Map 956 ha 2& 06 R..mvCDelolit& R 8 '-. CiRITFU[JZE09ir6-._ _.Canprogram cNxks MipwmCY 9J0 OpJCallCary 1YJ OpJcpu 60026.00 aancaHsa6ep cPage 142 of 147 FACILITY RATES Burien, Kent, Redmond, Shoreline,and Support Services Facility Rates Intlation Escalation I otal FaciliI3 FMD RATE Capped Rate multiplier Contract Rate' Rent Rate Charge 2007 12.65 12.65 12.65 1180 2% 24.45 2008 1292 1303 1 030 1292 1204 2% 24.96 2009 1248 13.42 1 061 12.48 12.28 2% 24.76 2010 1035 13.83 1 093 10.35 12.52 2% 22.87 2011 11 00 14.24 1 126 11.00 1277 2% 2377 2012 14.66 1 159 1303 2% 13.03 2013 15.10 1194 13.29 2% 13.29 2014 1556 1 230 13.55 2% 1355 2015 1603 1 267 13.83 2% 1383 2016 16.51 1305 1410 2% 1410 Footnote Per Exhibit B,the rate each year following 2007 is the lesser amount between the actual rate provided by King County's Facilities Management Division and the capped rate determined by multiplying the 2007 rate by the inflation multiplier. Issaquah Facility Rate Initiation otal Facility FMD RATE Capped Rate multiplier Contract Rate' Lease Charge 2007 12.65 12.65 1265 1700 2965 2008 12.92 1303 1 030 1292 17.51 30.43 2009 12.48 1342 1 061 12.48 1804 30.52 2010 1035 1383 1.093 1035 18.58 2893 2011 11 00 1424 1 126 11 00 1913 30.13 2012 1466 1 159 1971 1971 2013 1510 1 194 2030 2030 2014 15.56 1 230 2091 2091 2015 1603 1 267 21 54 21 54 2016 1651 1 305 2218 2218 Footnote Per Exhibit C,the rate each year following 2007 is the lesser amount between the actual rate provided by King County's Facilities Management Division and the capped rate determined by multiplying the 2007 rate by the inflation multiplier Facility Rates 21 Page 143 of 147 EXHIBIT B ANNUAL FACILITY CHARGES FOR DISTRICT COURT FACILITIES IN THE CITIES OF BURIEN,KENT,REDMOND,AND SHORELINE This Exhibit is attached to the Interlocal Agreement for the Provision of District Court Services between the County and the City. The terms and conditions described to this Exhibit are a further description of the obligations of the parties regarding the calculation of annual facility charges for existing District Court facilities in the cities of Burien, Kent, Redmond,and Shoreline at commencement of this Agreement. I. Beginning in 2007and continuing through 2016,the annual facility charge is the net rentable square footage in each facility pursuant to Section 3 2 multiplied by the rate per square foot. The rate per square foot is the sum of the rate for Operations and Maintenance(Paragraph 2) and the Rental rate(Paragraph#3) 2 King County's Facilities Management Division determines the cost per square foot for Operations and Maintenance for facilities owned and maintained by the County The Facilities Management Division will provide the rate for Operations and Maintenance for the next calendar year for each applicable District Court facility by September of each year For the purposes of this Agreement,the rate provided will exclude any adjustment for restoring the division's fund balance reserve. For 2007,the rate is$12.65 or the actual rate provided by the Facilities Management Division,whichever is less The rate each year thereafter is the lesser amount between the actual rate provided by the Facilities Management Division and the capped rate determined by multiplying the 2007 rate by the multiplier for the corresponding year shown in the following table 2008 2009 2010 2011 2012 2013 2014 2015 2016 Inflation 3% 3% 3% 3% 3% 3% 3% 3% 3% Multiplier 1.030 1061 1093 1126 1159 1194 1.230 1.267 1305 3 The Rent beginning in 2007 shall be $11.80 per square foot. This rate will be increased by 2%per year for nine years thereafter. 4 Beginning in July 2014 and ending no later than March 31,2015,the Cities and the County shall determine a methodology for an annual facility charge for existing facilities referenced in this exhibit for 2017 and subsequent years. This methodology shall take into account a reasonable fair market value for existing court facilities Page 144 of 147 EXHIBIT C ANNUAL FACILITY CHARGES FOR THE DISTRICT COURT FACILITY IN THE CITY OF ISSAQUAH This Exhibit is attached to the Interlocal Agreement for the Provision of District Court Services between the County and the City The terms and conditions described in this Exhibit are a further description of the obligations of the parties regarding the calculation of the annual facility charge for the existing District Court facility in the city of Issaquah at commencement of this Agreement. 1. Beginning in 2007 and continuing through 2016,the annual facility charge for the existing Issaquah facility is the net square footage pursuant to Section 3.2 multiplied by the rate per square foot. The rate per square foot is the sum of the rate for Operations and Maintenance Paragraph#2) and the Lease rate (Paragraph#3). 2 King County's Facilities Management Division determines the cost per square foot for Operations and Maintenance for facilities owned and maintained by the County The Facilities Management Division will provide the rate for Operations and Maintenance for the next calendar year for each applicable District Court facility by September of each year. For the purposes of this Agreement, the rate provided will exclude any adjustment for rebuilding the division's fund balance reserve. For 2007, the rate is$12.65 or the actual rate provided by the Facilities Management Division, whichever is less The rate each year thereafter is the lesser amount between the actual rate provided by the Facilities Management Division and the capped rate determined by multiplying the 2007 rate by the multiplier for the corresponding year shown in the following table. 2008 2009 2010 2011 2012 2013 2014 2015 2016 Inflation 3% 3% 3% 3% 3% 3% 3% 3% 3% Multiplier 1030 1061 1093 1126 1159 1.194 1.230 1267 1305 3. The Lease rate is based on the County's annual amortized lease cost for the Issaquah facility reduced for the amortized amount of the residual value of the facility and land. Attachment 1 to this Exhibit shows the methodology for this calculation including the final negotiated lease rate(Option C) The final negotiated lease rate, which is shown below, is calculated based on a 3%annual escalation factor and includes major maintenance. 2007 20088 2009 2010 2011 1700 1751 1804 1858 1913 2012 2913 2014 2015 2016 1971 20.30 20.91 21 54 2218 4. Beginning in July 2014 and ending no later than March 31, 2015, the Cities and the County shall determine a methodology for an annual facility charge for existing facilities referenced in this exhibit for 2017 and subsequent years. For 2017, 2018, and 2019, this methodology shall be consistent with the lease methodology in Attachment I to this Exhibit. For 2020 and thereafter,this methodology shall take into account a reasonable fair market value for existing court facilities. Page 145 of 147 ATTACHMENT I TO EXHIBIT C District Court Issaquah FacifitF. Lease,lfodel Real Discount rate= 5 U"o]his rnmryres m SY0 in nmWord auohaiajnr ti( Hral Fnn/e/ease cs frurcMsr hui4/tugs Land Valuc S908,000 Bvildmg Value 54.992.000 Depreciable Life of Building 50 Bmldmg'.c Square Feet 16,642 Base Year 2000 Number of Years For Analysis 20 Escalating payment beginning m year 2007 Pavvidd escalator rate 3.0% Land Value apprec 4.000/6 Building Value appm 3.000/6 Residual Value On a Markel Value Bases 20 Sam OPTION B- OPTION C Amual OPTION A- No midaal Total OptionBplm Accumulated Net Building Stmdmd Residual No residual A Frolating Redwfi.a majn Year Building Depreciation value land Total Payment Sod Ran, Cd1A Resised Payment note payment from Std mainteance 1 2000 $5,141760 $102,835 $5,038.925 $944,320 $5,983,245 S626196 159,022 9.56 $467 174 28.07 28.07 2 2001 55.296,013 $211,841 55,084172 $982.093 56,066,265 5479,490 159.022 9.56 $320468 S19.26 19.26 3 2002 55,454,893 $327194 $5 127600 $1,021,377 $6,148,976 5481700 159,022 956 $322,678 51939 1939 4 2003 $5,618,540 5449,483 S5169.057 $1,062,232 $6,231188 5483315 159.022 9.56 5324,293 19.49 19,49 5 2004 55,787,096 $578,710 $5,208387 $1104,721 $6,313,107 5479,428 159,022 9.56 5320,406 S19.25 19.25 6 2005 SS.W,709 5715,285 S5.245,424 $1148.910 $6,394,334 5480,113 159.022 9.56 S321.091 519.29 51929 7 2006 56.739.530 $959,534 55,279,996 51194866 56.474,862 5780.153 $28.85 159.022 956 5321131 519.30 19.30 8 2007 $6,323,716 $1.011795 $3311,922 $1142661 $6.554,582 5479,653 $28.82 159,022 9.56 $320,631 S19.27 1656 (S1' 17.00 9 2008 56513,428 SI M417 $5341,011 31,292367 $6,633.378 5483,603 $29.06 159.022 9.56 $324,581 S19.50 517.27 (511 701 $17.51 10 2009 $6.708,531 S1.341,766 $5,367,064 51,344,062 $6.711,126 5481,640 $28.94 159,022 9.56 5322,618 $1939 WAS (S11.26) $18.04 11 2010 S6,910.095 $1,520.221 S5,389874 $1,397,824 56,787,699 5483,958 $29.08 159.022 256 $324.936 $19.53 18.34 ($10.74) $18.58 12 2011 STI 17,398 51,708,176 S5,409123 51,453,737 56,862,960 450,158 $28.85 159,022 936 $321,136 $19.30 18.67 (510 Ie) $19.13 13 2012 S7,330,920 S1.906,039 $5,424,581 $1,511,887 56,936.768 5480,588 $28.88 159,022 9.56 S321,566 $19.32 19.25 ($462) $19.71 14 2013 57,550,848 52,114137 55,436,610 51,572.362 57,008.973 479,988 $28.84 159,022 936 5320,966 $19.29 19.79 (89.05) 520.30 IS 2014 $7.777.373 52,333,212 55,444,161 $1.635157 57,079,418 5483.328 529.04 159.022 956 5324,306 519.49 S20.60 ($g 44) $20.91 16 2015 S8,010,695 $2,563422 $5,447.7/3 $1700.667 57147939 5480,508 $28.87 159.022 9.56 5321,486 $1932 21.03 ($7,54) 521.54 17 2016 $8151,015 52.805.345 $5,445,670 51,768,694 57,214364 5481,758 $28.95 159.022 9.56 5322736 $1939 S2175 ($7_10) $22.18 Is 2017 $5,498,546 S3,059,477 $5,439,069 $1,839,441 57,278,511 5451,810 528.95 159.022 956 5322788 $19.40 22.40 (56.55) $22.85 19 2018 $9,753,502 $3326,331 55,427,171 51,913,019 57,340,190 5450,645 $28.88 159.022 956 5321.623 S1933 22.99 (Sa,891 $23.53 20 2019 S9016107 Si 406441 SS409 M4 $1959,540 S7,199204 483,460 529.85 159,022 9.56 8324,435 $19.50 23.89 (51 16) $24.24 Residual Values Building Land Total NPV 54,806,081 51.544026 3,262,055 1960 196.0 End of20 PV 51128,859 $415,166 $1,344,026 1519 151.9 Page 146 of 147 EXHIBIT D ONE-TIME COSTS FOR TECHNOLOGY IMPROVEMENT PROJECTS This exhibit is attached to the Interlocal Agreement for the Provision of District Court Services between the County and the City. The terms and conditions described in this Exhibit are a further description of the obligations of the parties regarding the one-time costs for technology improvement projects. I. The District Court shall present its five-year technology plan and annual update to the DCMRC beginning in 2007 The technology plan shall be consistent with the Technology Plan Template published by the King County Office of Information and Resource Management. The technology plan shall describe the projected business needs of the District Court, assess the ability of current technology systems to meet these needs, and outline overall technology strategies and potential projects to support the projected business needs of the District Court. The District Court shall present the business case for each proposed technology improvement project. The business case shall identify (1) capital, operations and maintenance costs for each technology improvement project, (2)the benefits to the court system and users,and(3) potential impacts to cities associated with implementing each technology improvement project. The Cities shall have an opportunity to provide input on the five-year technology plan and business cases for proposed technology improvement projects One-time costs for technology improvement projects shall be identified separately from operating and capital costs as part of reconciliation. 2 For 2007,2008, and 2009 only, the amount of Cities' annual contribution to the reserve(sinking fund) for funding their share of the one-time costs for technology improvement projects shall be equivalent to the Cities' share of$100,000. Beginning in 2010,the amount of their annual contribution shall be equivalent to the Cities' share of$300,000 The Cities' share is defined as the multiplier calculated in Attachment A of Exhibit A(percentage of salaries and benefits for contract cities). 3 The Cities' contribution would be adjusted or waived in any year where the reserve is projected to exceed the equivalent of the Cities' share of$900,000 increased by 2% per year beginning in 2008. Annually,the net interest earnings attributable to the balance of funds in the Cities' reserve shall accrue to their reserve 4 Funds from the reserve shall not be used until a business case for the technology improvement project has been presented to the DCMRC and the technology improvement project has been implemented The amount of funds used for any one project shall be based on the Cities' share If the funds in the reserve are not sufficient to cover the Cities' share of an implemented technology improvement project,the contributions of Cities to the reserve fund in subsequent years may be used to cover this shortfall 5. If this Agreement is terminated, the City shall receive its portion of the reserve remaining on January I'following the date of termination. Page 147 of 147