HomeMy WebLinkAbout02-28-2022 Study Session AgendaCity Council Study Session Finance,
Technology and Economic Dev elopment
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February 28, 2022 - 5:30 P M
City Hall Council Chambers and Virtual
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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 I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6848 (Tate)(15 Minutes)
A n Ordinance adding S ection 5.20.260 to Auburn City Code to allow the regulation and
licensing of mobile vendors and food truck related activities
Page 1 of 89
B .A uburn Municipal Airport A dvisory Board Annual Update (Gaub)(15 Minutes)
C.P hoto E nforcement: S chool Z one Safety Cameras (Gaub)(15 Minutes)
D.L egislative Update (Hinman)(10 Minutes)
V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .I ntroduction to E conomic Development Division (Tate)(20 Minutes)
E conomic Development Manager will provide an introduction to the E conomic
Development Division in the first of a five-part series
V I .O T HE R D I S C US S I O N I T E MS
V I I .NE W B US I NE S S
V I I I .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 89
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6848 (Tate)(15 Minutes)
Date:
February 23, 2022
Department:
Community Development
Attachments:
Draft Ordinance No 6848
Exhibit A to Ordinance No 6848
Memo to AB Ordinance No. 6848
Attachment A to Memo for Ordinance No. 6848
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
See attached memo
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Tate
Meeting Date:February 28, 2022 Item Number:
Page 3 of 89
--------------------------------
Ordinance No. 6848
February 28, 2022
Page 1 of 2
ORDINANCE NO. 6 8 4 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADDING SECTION 5.20.260 TO
AUBURN CITY CODE TO ALLOW THE REGULATION AND
LICENSING OF MOBILE VENDORS AND FOOD TRUCK
RELATED ACTIVITIES
WHEREAS, the City of Auburn desires to support economic development,
fostering opportunities for small businesses and encourage mobile vendors and food
trucks; and
WHEREAS, mobile vending and food trucks are a popular and diverse part of local
economies across the United States; and
WHEREAS, the City of Auburn desires to provide further access to desired mobile
vending and food trucks which contribute to the diversity of food and retail operations
within the city; and
WHEREAS, the City of Auburn seeks to protect public health and safety by
ensuring our mobile vendors and food trucks follow clear regulations that address health
and safety risks; and
WHEREAS, it is in the interests of the city to establish guidelines for mobile
vending and food truck operations to ensure the public health, safety, and welfare of city
residents and visitors as set forth in Exhibit A; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 5.20.020 of the Auburn
City Code is amended to read as follows:
Section 2. Constitutionality and Invalidity. If any section, subsection sentence,
clause, phrase, or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
Page 4 of 89
--------------------------------
Ordinance No. 6848
February 28, 2022
Page 2 of 2
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED: _________________________
PASSED: _____________________________
APPROVED: ___________________________
CITY OF AUBURN
ATTEST:
_____
NANCY BACKUS, Mayor
_________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra Comeau, City Attorney
Published:
Page 5 of 89
EXHIBIT A
TO
ORDINANCE NO. 6848
5.20.260 Mobile Vendors and Food Trucks
A. Definitions
1. “Mobile Vendors” means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand,
display, blanket, ground covering, tent, canopy, or other device designed to be portable and not
permanently attached to the ground from which food, beverages, and/or goods are peddled,
vended, sold, served, displayed, offered for sale, or given away.
2. “Food Truck” is a mobile vehicle equipped to prepare, serve, or sell food and/or beverages. Food
trucks typically contain onboard power, refrigeration, food preparation facilities and space for up
to four employees. This definition also includes any associated seating and tent or canopy.
B. License Application
1. Exemptions. Mobile Vendors or Food Trucks parked on a public or private parcel operating 10
(ten) days or less within a 365-day period and that are not located on the same parcel for more
than 3 (three) consecutive days are exempt from the requirement to obtain a city business license
or a temporary use permit.
2. City Business License Required. Any Mobile Vendor or Food Truck operating for more than 10
(ten) calendar days in a 365-day period or located on the same parcel for more than 3 (three)
consecutive days, is required to obtain a city business license prior to operation. Review of the
business license will include, but is not limited to, all applicable regulations in the Auburn City
Code, and conditions of approval related to previously approved development approvals on the
subject site, with the following exceptions:
a. Mobile Vendors and Food Trucks shall not be subject to the temporary use permit
requirements of Chapter 18.46A ACC.
b. Mobile Vendors and Food Trucks shall not be subject to additional parking requirements of
Chapter 18.52 ACC beyond what was established for the underlying site development
approvals.
3. Operating in the city right-of-way. Mobile Vendors and Food Trucks that operate in the public
right-of-way such as along streets or sidewalks shall first apply for and obtain a right-of-way use
permit for a specific single location and not transferable to a new location. This requirement is in
addition to a city business license unless exempt from the city business license based on the time
limitations provided in ACC 5.2.260(B)(1), above. See Chapter 12.60 ACC for right-of-way use
permit regulations and procedures.
4. All Mobile Vendors and Food Trucks, whether they are exempt from a license or not, are required
to comply with all applicable Federal, State, and County requirements including all State and
County Health Department regulations. Exempt vendors may be relieved a city business license,
but the mobile vendor or food truck shall still comply with all other applicable rules and
regulations of the Auburn City Code.
C. Specific City Business License Regulations
1. Zoning Districts.
Page 6 of 89
a. Non-Residential Zones: Mobile Vendors and Food Trucks are permitted to operate in all non-
residential zones. For purposes of this Chapter, non-residential zones include all commercial,
industrial, and special purpose zones and districts.
b. Residential Zones: Mobile vendors and food trucks operating in residential zoning
districts are permitted for no more than 3 (three) calendar days in the same general
location. Mobile vendors and food trucks shall be fully self-contained, require no utility or
power connections, and are not allowed to have freestanding appurtenant structures beyond
the cart of vehicle, such as, but not limited to, canopies and tents as allowed for other zoning
location as provided in ACC 5.2.260(C)(5). For purposes of this Chapter, residential zones
shall include all residential zoning designations and planned unit developments.
2. Vending location.
a. Non-Residential Zones: Mobile Vendors and Food Trucks on private or public property may
be parked in a designated parking spot or other location used for parking that will not
negatively impact vehicular and non-motorized circulation or safety, does not block fire lanes
or accessible parking stalls, and that does not impede visual site distance for
drivers. Mobile Vendors and Food Trucks may be placed in other locations outside developed
parking or circulation areas that do not disrupt vehicular or non-motorized circulation or that
do not adversely affect site improvements, such as utilities and landscaping.
Any Mobile Vendors or Food Trucks operating in the public right-of-way shall operate in a
location in accordance with an approved right-of-way use permit.
b. Residential Zones: Mobile Vendors and Food Trucks shall not be parked on residential front
yards or driveways where they would impede a public sidewalk. Appropriate parking
locations include, but are not limited to, private access tracts, private driveways where the
public sidewalk is not blocked, private common properties, and within the public right-of-way
provided that a right-of-way permit is issued.
c. All Zones: Mobile Vendors and Food Trucks shall not be parked in a location that blocks
access to a city owned utility or where it will impede garbage collection or mail delivery.
3. Garbage, recycling, and composting. Mobile Vendors and Food Trucks shall
provide sufficient garbage, recycling, and composting receptacles nearby to accommodate all
refuse generated by the operation. Mobile Vendors and Food Trucks that are sited in the same
location for less than a 365-day period must meet the garbage, recycling and composting
standards established in ACC Title 15. Mobile Vendors and Food Trucks that are sited in the
same location for more than a 365-day period must meet the garbage, recycling and composting
provisions established in ACC Title 15 and Title 18. At the cessation of operations, the Applicant
shall also be responsible for removal of any litter or debris and restoration of the affected area.
Food trucks that connect to city utilities or an onsite plumbing system must also adhere to the
Fats, Oil, and Grease (FOG)plan requirements established in Chapter 13.22.
4. Use of liquid petroleum gas (propane) or an open flame (wood or charcoal). A permit from
the Valley Regional Fire Authority is required for the use of propane or an open flame.
5. In addition to canopies, awnings or any other attachments that are supported entirely by the cart or
vehicle and do not touch the ground, a single canopy or tent with three or fewer flexible sheeting
walls are allowed as a freestanding structure (not supported by the cart or vehicle), if located
within five feet of the cart or vehicle, are less than 150 square feet in area, are supported on a
frame that is manufactured as an integral unit, maintained in original “like new” condition, and
are without added flexible sheeting panels, colors, or signage.
Page 7 of 89
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Memorandum
To: City Council Members
From: Tina Kriss, Business License Program Coordinator
CC: Mayor Nancy Backus
Jeff Tate, Director of Community Development
Date: February 28, 2022
Re: Ordinance No. 6848
______________________________________________________________________________
Ordinance No. 6848 – Background Summary:
Overview of Current Mobile Vending and Food Truck Code. Currently the City of Auburn
provides opportunity for mobile sales of the sale of plants, flowers, books, crafts, produce,
beverages, food, and other similar items in a single location. Traditionally, the process to permit
these types of activities has relied upon provisions contained in the city’s zoning code (Title 18),
specifically Chapter 18.46A ACC “Temporary Uses”.
The code provisions within Chapter 18.46A ACC allow for a use to locate within the City of
Auburn on a temporary (interim) basis. A Temporary Use Permit (Type I or II) has been required
in the past for all mobile vending operations prior to commencing business operations in the city
irrespective of where the activity was to occur, how long it was to occur, or what event it was
supporting. Historically, Mobile Vendors and Food Truck have been treated under the Type I
and Type II categories.
Mobile Vendors and Food Truck activities have grown very popular over the past ten years and
with the COVID-19 pandemic, some jurisdictions have updated their regulations to expand
mobile vending opportunities. Mobile Vendors and Food Truck activities provide additional
opportunities for sales and services for small business owners and provide an additional popular
culinary experience for the community.
General Code Reorganization. Ordinance No. 6848 seeks to shift how mobile vending and food
truck activities are allowed to operate in Auburn. Ordinance No. 6848 adds language to Chapter
5.20 ACC, a business license regulation so that vendors are subject to the licensing standards
instead of the Temporary Use requirements.
Page 8 of 89
2 | P a g e
The purpose and benefit of the proposed changes to Chapter 5.20 ACC and creating a new
section on Mobile Vendors and Food Truck activities will provide multiple benefit to our
community and business owners. For example:
1. Increases and supports economic development, fostering opportunities for small
businesses and encourages mobile vendors and food truck activities; and
2. Provides a popular and diverse culinary option for the community; and
3. Provides more access to mobile vending and mobile food activities for business owners
by reducing the time and cost to operate on a more immediate basis; and
4. Provides regulation to protect public health and safety by ensuring the mobile vendors
and mobile food trucks have clear regulations that address health and safety risks; and
5. Provides an exemption for Mobile Vendors and Food Trucks from having to obtain a city
business license if they are operating on public or private property (parcel) for 10 (ten)
days or less within a 365-day period and that are not located on the same parcel for
more than 3 (three) consecutive days; and
6. Still requires a city business license prior to operation for any Mobile Vendor or Food
Truck operating for more than 10 (ten) calendar days in a 365-day period or located on
the same parcel for more than 3 (three) consecutive days to ensure public health, safety,
and welfare of city residents and visitors.
7. Provides information and direction for business owners who would like to operate in the
city for either a city sponsored event or those applying for a Special Event Permit. A
Special Event Permit is an application for an event that hosted by the city and approved
through a permit reviewed by the Special Events Committee for the Auburn Parks, Arts
& Recreation Department. In some cases, a mobile vending or food truck activities are
part of the special event.
To understand some of the scenarios business owners would experience under the proposed
code ACC 5.20.260, staff has provided “Attachment A”. This table provides examples of many
options a business owner would have with the under the proposed code changes.
Page 9 of 89
Ordinance No. 6848
Attachment A to Agenda Bill
Mobile Vendor or Food Truck Activities Summary
OPERATING ON A PRIVATE OR PUBLIC PARCEL VS. IN THE RIGHT OF WAY
OPERATING ON A PRIVATE OR PUBLIC PARCEL REQUIREMENTS
Mobile Vendor or Food Truck operating 10 (ten) days
or less within 365-day period
OR
Not located on same parcel for more than 3 (three)
consecutive days
Exempt from obtaining a City of Auburn business license.
Required to comply with all applicable Federal, State, and
County requirements including all State and County
Health Department regulations. While exempt from the
requirement to obtain a city business license, the mobile
vendor or food truck shall comply with all other applicable
rules and regulations of the Auburn City Code.
Examples
1. May operate in one location for 1 day, move to another location for 1 day, move to yet another for 3
(three) days and return to former location for 3 (one) day and operate another 2 days in a 365 -day period
2. May operate in 10 (ten) different locations, one day each within a 365 -day period
3. May operate a day, return 6 (six) months later, operate 3 (three) days within 365-day period
4. May operate 3 (three) days in one site, move to new site for 3 (three) days, return to first site for 3 (three)
days in a 365-day period
5. May operate at a city function for a one (1) day, move to a private site for three (3) days and six (6)
months later work a three (3) day city event in a 365-day period
Mobile Vendor or Food Truck operating more than 10
(ten) calendar days in a 365-day period
OR
Mobile Vendor or Food Truck operating more than 3
(three) consecutive days
City Business License required prior to operating.
City review required to obtain business license.
OPERATING IN THE RIGHT OF WAY REQUIREMENTS
Mobile Vendor or Food Truck operating 10 (ten) days
or less within 365-day period
OR
Not located on same parcel for more than 3 (three)
consecutive days
Exempt from obtaining a City of Auburn business license.
Required to comply with all applicable Federal, State, and
County requirements including all State and County
Health Department regulations. While exempt from the
requirement to obtain a city business license, the mobile
vendor or food truck shall comply with all other applicable
rules and regulations of the Auburn City Code, including
parking restrictions.
Mobile Vendor or Food Truck operating more than 10
(ten) calendar days in a 365-day period
OR
Mobile Vendor or Food Truck operating more than 3
(three) consecutive days
City Business License AND Right of Way Use Permit
required prior to operating.
City review required to obtain business license and right
of way use permit. Mobile Vendors and Food Trucks that
operate in the public right-of-way such as along streets or
sidewalks shall first apply for and obtain a right-of-way
use permit for a specific single location and not
transferable to a new location.
Page 10 of 89
Attachment A
to
Ordinance No. 6848 Agenda Bill
2 | P a g e
OPERATING IN NONRESIDENTIAL VS RESIDENTIAL ZONING DISTRICTS
NON-RESIDENTIAL ZONING DISTRICT VENDING LOCATION*
Mobile Vendors and Food Trucks are permitted to
operate in all non-residential zones.
Mobile Vendors and Food Trucks on private or public
property may be parked in a designated parking spot or
other location used for parking but cannot negatively
impact vehicular and non-motorized circulation or safety,
block fire lanes or ADA parking stalls, or impede visual
site distance for drivers.
Mobile Vendors and Food Trucks may be placed in other
locations outside developed parking or circulation areas if
they do not disrupt vehicular or non-motorized circulation
or adversely affect site improvements (such as utilities
and landscaping).
Any Mobile Vendors or Food Trucks operating in the
public right-of-way shall operate in a location in
accordance with an approved right-of-way use permit.
RESIDENTIAL ZONING DISTRICT VENDING LOCATION*
Mobile vendors and food trucks operating in
residential zoning districts are permitted for no more
than 3 (three) calendar days in the same general
location AND must be fully self-contained, require no
utility or power connections, and cannot have
freestanding appurtenant structures beyond the cart
or vehicle, such as, canopies and tents.
Mobile Vendors and Food Trucks shall not be parked on
residential front yards or driveways where they would
impede a public sidewalk.
Mobile Vendors and Food Trucks may be placed within
private access tracts, private driveways (where the public
sidewalk is not blocked), private common properties, and
within the public right-of-way provided that a right-of-way
permit is issued.
*Mobile Vendors and Food Trucks shall not be parked in a location that blocks access to a city owned utility or where it
will impede garbage collection or mail delivery.
Page 11 of 89
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Municipal Airport Advisory Board Annual Update (Gaub)
(15 Minutes)
Date:
February 14, 2022
Department:
Public Works
Attachments:
Memo
Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
Annually, Airport Staff and the Airport Advisory Board (AAB) produce a work plan for the
upcoming year. The 2022 Plan focuses primarily on completing multiple Key Result Areas
identified in the adopted 2021-2024 Airport Strategic Business Plan and continuing to work
on updating regulations related to the airport. The AAB approved the 2022 Work Plan at their
December 2021 meeting.
Airport Advisory Board Chair Deanna Clark and Airport Manager Tim Mensonides will be in
attendance to discuss and answer any questions regarding the work plan and to review the
accomplishments for 2021.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:February 28, 2022 Item Number:
Page 12 of 89
Page 1 of 2
Memorandum
To: Auburn City Council
From: Auburn Airport Advisory Board
Tim Mensonides, Airport Manager
Cc: Ingrid Gaub, Director of Public Works
Date: February 9, 2022
Re: 2022 AAB Annual Board Work Plan
Each year the Board develops an annual work plan for the upcoming year that is utilized in
agenda setting, coordination with City staff and development of policy and fiduciary
recommendations to City Council.
Work plans serve two important key functions for an advisory body such as the Airport
Advisory Board. First, a work plan will assist the Board in ensuring that it is efficient in the
conduct of its work. As a volunteer body, the Board should maximize its time together and
with staff to satisfy its advisory responsibilities as specified in Chapter 2.33 of the Auburn
City Code. Second, a work plan is an important communication tool to the City Council, staff
and interested parties about the focuses of the Board during the upcoming calendar year.
Work plans should present enough information to provide clear guidance as to what the
Board would like to work on. In addition, the number of work tasks should not be excessive
and should be reasonably tied back to the Board and City staff’s overall availability and
ability to complete the tasks identified for 2022.
In developing its work plan, the Board considered the following:
• City Council established or adopted goals and priorities, including the City's
Comprehensive Plan, annual Council goals, master plans, budget, and so on.
• Resource availability - budget, staff support, committee member time.
• Departmental work priorities of the Public Works Department.
• Board members’ knowledge, interest, and expertise.
The 2022 Annual Board Work Plan approved by the Board is as follows:
Page 13 of 89
Page 2 of 2
• KRA 1-1 – Continued Hangar Development– Anticipated Completion 1st Qtr 2023/On-
Going
Completion of new hangars on the SE corner of the airport with multiple businesses
place in larger box style hangars. Seek opportunities for additional hangar
development on the airport to address the high demand for hangar space within the
region.
• KRA 1-3 – Middle Ramp Development– Anticipated Completion 2026
Redevelopment of the middle ramp area to accommodate the Airport Office, improve
access and parking. Seek partnerships for development of space for additional
business use.
• KRA 2-2 - Annual review of the 2022 Airport Marketing Focus – Anticipated
Completion 2nd Qtr 2022
• Airport Rules & Regulations – Anticipated Completions 1st Qtr 2022
Complete revisions to the Airport Rules and Regulations for adoption.
• Airport Minimum Standards – Anticipated Completion 1st Qtr 2022
Complete revisions to the Airport Minimum Standards for adoption.
• Other routine items for review with the Board in 2022 include:
o Annual Fee Update
o Annual Capital Improvement Plan Update
o Airport Board Composition Review
o Airport Board Annual Work Plan Update for 2023
Page 14 of 89
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S TA I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
AUBURN AIRPORT
2021 ACCOMPLISHMENTS
&
2022 AAB WORK PLAN
DEANNA CLARK, AAB CHAIR
TIM MENSONIDES, AIRPORT MANAGER
CITY COUNCIL STUDY SESSION
FEBRUARY 28, 2022
Public Works Department
Engineering Services Airport Services Maintenance & Operations Services
Page 15 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
2021 ACCOMPLISHMENTS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Updated City Code and Airport Zoning
Regulations
Completed Specific Board Procedures and
Standards
Installed Improvements to Airport
Wayfinding
Completed Storm Water Improvements
Upgraded Self Serve Fuel System
Awarded Airport Food Drive Traveling
Trophy
Recognized by USDA for Airport Wildlife
Program
Page 16 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
KRA 1-1* – Continued Hangar Development
KRA 1-3* – Middle Ramp Development
KRA 2-2* - Annual review of the 2022 Airport Marketing
Focus
Airport Rules & Regulations Update
Airport Minimum Standards Update
*KRA: Key Results Area’s from 2021-2024 Airport Strategic Business Plan
2022 AAB WORK PLAN
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 17 of 89
AGENDA BILL APPROVAL FORM
Agenda Subject:
Photo Enforcement: School Zone Safety Cameras (Gaub)(15
Minutes)
Date:
February 18, 2022
Department:
Public Works
Attachments:
Presentation
School Zone Beacons Locations Maps
Verra Mobility Contract
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
This discussion will focus on addressing questions and feedback heard from
Councilmembers at the February 14th Council Study Session presentation regarding the
proposed school zone photo speed enforcement program. This current discussion will
provide additional information regarding school zone locations, crash history in Auburn’s
school zones, alternatives to automated cameras for speed enforcement, a review of the
revenues and expenditures of Auburn’s previous photo enforcement program, the cost
neutral approach and contract terms of the currently proposed program, preliminary results of
the speed studies conducted for the currently proposed program, and next steps.
Additionally, the contract with the proposed vendor to provide the photo enforcement system
has been included in the agenda packet.
Rev iewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:February 28, 2022 Item Number:
Page 18 of 89
A U B U R N
V A L U E S
S E R V I C E
E N V I R O N M E N T
E C O N O M Y
C H A R A C T E R
S U S TA I N A B I L I T Y
W E L L N E S S
C E L E B R A T I O N
SCHOOL ZONE SPEED CAMERAS
CECILE MALIK
CITY COUNCIL STUDY SESSION
FEBRUARY 28, 2022
1
Page 19 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
School Zone Locations
Crash History
Why not other traffic calming approaches?
Previous Photo Enforcement Program Revenues and Expenses
Currently Proposed Photo Enforcement Program Cost Neutral Approach
Preliminary Study Results
Next Steps
FOLLOW UP DISCUSSION
2
Page 20 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SCHOOL ZONE LOCATIONS
3
Maps in Packet
22 school zones with beacons
Map shows speed limits within school zones
Crash history 2009 – 2019 while beacons flashing
Page 21 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
SCHOOL ZONE LOCATIONS
4
Page 22 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
CRASH HISTORY
5
Collision reports from 2009 to 2019 reviewed and mapped
Filtered to only include crashes that occurred in school zones with beacons while
the beacons were flashing (active school zone)
93 crashes
9 crashes with pedestrians and bicyclists
26 injury crashes
Annual reporting will include crash information
Cannot wait for it to happen to justify slowing cars down
Page 23 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 6
PRELIMINARY STUDY RESULTS
Study collected data over 2 days, during active school zone time, with active school
zone flashers.
Data collected number vehicles driving at or above 26 MPH in the 20 MPH school
zones
All school zones have violations
Percentage of vehicles travelling at or above 26 MPH varies from 7% to 45%
All school zones evaluated are on collector and arterial streets
Over 5000 vehicles speeding at 26 MPH or above over the two-day study period
Page 24 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 7
WHY NOT OTHER TRAFFIC CALMING APPROACHES?
Speed Cushions
Raised Intersections/Crosswalks
Bulb-Outs, Traffic Circles
Narrower Lanes
Speed Feedback Signs
Page 25 of 89
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 8
PREVIOUS PROGRAM REVENUE/EXPENSES
Program issued Infractions from 2006 to 2014
Vendor cost was $4,870 to $6,870 per camera per month (12 months per year)
Total Revenues Collected = $6,709,228
Total Vendor Payments = $5,078,272
Net Excess Revenue Received = $1,630,955
Council included forecasted excess revenues in budget to fund other programs
In later years of program, actual revenues were less than the forecasted revenues
used to fund other programs
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 9
CURRENT PROGRAM COST NEUTRAL APPROACH
Pages 4 and 5 of Contract
$4,000 per camera per month (10 months per year)
25% of collected amounts set aside for City’s cost to administer the program
75% of collected amounts paid to vendor, up to monthly fee
When monthly revenues are below vendor cost, partial payment sent to vendor
When monthly revenues exceed costs, pay vendor any missing payment up to vendor cost
Annual Reconciliation: For the previous 12-month Period
Review the total revenues received against the total costs
City keeps 25% of collected amounts to pay our administrative costs
If remaining revenues exceed the Vendor costs, City pays any outstanding costs for the year.
If remaining revenues are less then the Vendor costs, City pays only up to the revenue amount received.
Any excess revenues are available for the City to use for other purposes (traffic calming, Police traffic enforcement,
safety projects, etc)
Vendor can not claim additional payment once the year is reconciled regardless of future revenue collection.
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 10
CURRENT PROGRAM COST NEUTRAL APPROACH
Example (assuming two cameras):
Cost neutral plan is on all cameras together, not per each camera.
Year 1 Year 2 Year 3 Year 4 Year 5
# of Infractions 1000 800 600 400 200
Amount Collected $200,000 $160,000 $120,000 $80,000 $40,000
City Retains 25% to Cover Overhead $50,000 $40,000 $30,000 $20,000 $10,000
Vendor Standard Charge $80,000 $80,000 $80,000 $80,000 $80,000
Actual Amount Paid to Vendor $80,000 $80,000 $80,000 $60,000 $30,000
Net City Revenue $70,000 $40,000 $10,000 $0 $0
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SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 11
NEXT STEPS AND QUESTIONS
March 7, Resolution 5653
Execute Contract
Complete Study Analysis and Select Locations
Implement by September
Questions?
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement includes the attached Exhibits (“Agreement”) and is made by and
between American Traffic Solutions, Inc., doing business as Verra Mobility, (“Verra Mobility”) and the City of
Auburn, Washington (“City”).
WITNESSETH:
WHEREAS, Traffic enforcement is an integral part of traffic safety;
WHEREAS, the City traffic safety and enforcement goals are to encourage compliance with traffic
laws and reduce the number of infractions in school zones to improve safety;
WHEREAS, City desires to implement a photo enforcement program to enforce traffic violations
within school zones (the “Program”) in accordance with RCW §46.163.170 and Auburn City Code Chapter.
10.42;
WHEREAS, the City identified the need to supplement the traffic enforcement efforts with a photo
enforcement program, which must have a cost equal to or less than the program revenues, and aligns with the
City’s equity goals;
WHEREAS, Verra Mobility has the exclusive possession and ownership of the AxsisTM System,
including certain knowledge, equipment, licenses, and the processes for processing Violations;
WHEREAS, the City desires to use the Camera Systems together with the Axsis System to monitor
and enforce traffic Violations and to issue Citations for traffic Violations as part of its Program;
WHEREAS, the City issued a Request for Proposals dated on or about January 26, 2021 to which
Verra Mobility responded and under which the City awarded this Agreement.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
admitted and acknowledged, the parties agree as follows:
By signing below, the parties agree to the terms and conditions of this Agreement. Each individual
signing below represents that such individual has the requisite authority to execute this Agreement on behalf
of the entity which such individual represents and that all the necessary formalities have been met.
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I. DEFINITIONS
As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have
the respective meanings provided below:
“Approach”: One (1) direction of travel on a road or a traffic intersection including up to four (4) contiguous
lanes and, if applicable controlled by up to two (2) signal phases, on which a Camera System may be installed
or deployed upon the mutual agreement of the parties.
“Axsis” or “Axsis System”: The proprietary back-end system that processes Events and Violations, including
the printing and mailing of Citations, the generation of evidence packages, and that provides system generated
reports of Violation counts.
“Business Hours”: Eight (8) hours per day, Monday through Friday, excluding weekends and holidays.
“Business Rules”: The Business Rules Questionnaire to be completed by City and delivered to Verra Mobility
setting forth the business rules for the implementation and operation of the Program.
“Camera System” or “Camera”: A photo-enforcement monitoring device consisting of one (1) rear camera,
strobe (if applicable), and traffic monitoring device (including the wiring associated with each) capable of
accurately detecting a Violation on an Approach with one (1) to four (4) contiguous lanes, depending on the
Camera System configuration, which records such data with one (1) or more images of such vehicle. “Camera
System”, where the context requires, also includes any enclosure or cabinet, wiring, and related appurtenances
in which the equipment is stationed. “Camera System” refers to the Fixed Speed Safety Camera System-.
“Change Order Notice”: Written notice from City requesting changes to the work required to be performed
or the addition of products or services to those required pursuant to the terms of this Agreement, setting forth
in reasonable detail the proposed changes.
“Change Order Proposal”: A written statement from Verra Mobility describing the cost of the changes to
the work or addition of products or services requested by City in a Change Order Notice.
“Citation”: A citation, notice of violation, notice of infraction, notice of liability or equivalent instrument
issued by a competent state, county or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a Violation documented or evidenced in Axsis.
“Event”: A potential Violation captured by the Camera System.
“Fees”: The amount payable by City to Verra Mobility for equipment, services, and maintenance as set forth
in EXHIBIT A.
“Fixed Speed Safety Camera System”: A Camera System that uses radar, or other vehicle detection
technology, to capture the speed of a motor vehicle and generates recorded images of a Violation, and is
installed on a mutually agreed upon Approach.
“Laws”: all federal, state, or local, laws, ordinances, regulations, and orders.
“Notice to Proceed”: Written confirmation from City that Verra Mobility may proceed with the installation
or deployment of a given Camera System, a form of which is attached as EXHIBIT C.
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“Owner”: The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor
vehicle department or the analogous agency of another state or country, including a lessee of a motor vehicle
under a lease of six months or longer.
“Paid Citation”: A situation where the Person cited has paid any portion of the penalty, fine, funds, fees or
costs associated with the particular Citation.
“Person” or “Persons”: Any individual, partnership, joint venture, corporation, limited liability company,
trust, unincorporated association, governmental authority or political subdivision thereof or any other form of
entity.
“Photo Enforcement Infrastructure”: foundation, conduit, and other below-grade infrastructure associated
with installing Camera Systems.
“Program Revenue”: Any penalty, fine, funds, fees or costs paid by a violator for any reason related to any
Violation.
“Project Time Line”: The initial schedule and timelines required to begin the implementation of City’s project,
as mutually agreed upon by the parties. The initial project timeline will be prepared assuming the active
cooperation and engagement of the Program stakeholders set forth in Section 2.1.2 of EXHIBIT B.
“System”: A Camera System and the related Infrastructure.
“Violation”: A failure to obey an applicable traffic law or regulation, including, without limitation, operating a
motor vehicle in excess of the posted speed limit, as determined in City’s sole discretion.
II. GENERAL TERMS AND CONDITIONS
1. Verra Mobility AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 1.
2. CUSTOMER AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 2.
3. TERM:
This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years
beginning on the first day of the month following the first-issued Citation and may be renewed for up to two
(2) two (2) year renewal terms upon the written agreement of the parties.
4. FEES AND PAYMENT:
4.1 City shall pay for all equipment, services and maintenance based on the fee schedule indicated in
EXHIBIT A, Service Fee Schedule 1.
4.2 Invoices shall be in standard Verra Mobility format and provided electronically.
4.3 City shall pay all Fees due Verra Mobility based upon invoices from the preceding month within thirty
(30) days of submission.
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4.4 Verra Mobility’s Fees will be fixed for the first term (5 years) of this Agreement and thereafter unit
prices will be increased annually by the Consumer Price Index (CPI) according to the average change
during the prior twelve (12) months in the CPI for All Urban Consumers (CPI-U) for U.S. City average,
as published by the Bureau of Labor Statistics, U.S. Department of Labor for the Services category
listed under Commodity and Service Group.
4.5 Flexible Payment Plan:
(i) Generally. During the term of this Agreement, City may make monthly payments to Verra Mobility
under a Flexible Payment Plan (FPP). Under the FPP, the City is entitled to retain twenty-five
(25%) of the collected monthly Program Revenue prior to paying Verra Mobility its monthly Fees
and City may defer payments due and owing to Verra Mobility during the term of the Agreement
if the Remaining Program Revenue (i.e., the remaining 75% of the monthly Program Revenue
collected by City) is insufficient to cover the Fees due Verra Mobility for the month. After every
12 monthly invoices, reconciliation of the FPP will occur and the accrued balance due to Verra
Mobility will be set to $0 after the reconciliation is complete. Any Program Revenue amounts City
collects after the term of this Agreement expires shall not be considered in this section 4.5. City
agrees and understands that the FPP shall be applied in the aggregate across all installed Camera
Systems and will not be applied on a per Camera System basis or on a per month basis.
(ii) FPP Accounting and reconciliation. For each reconciliation of the FPP, Verra Mobility will
provide a separate reconciliation invoice that indicates the outstanding reconciliation amount due
from the City. The outstanding reconciliation amount will be calculated by subtracting 75% of the
total program revenues collected by the City during the billing period of the last 12-monthly
invoices from the total fee due from the same period. If the outstanding reconciliation amount
is equal or less than $0.00, no reconciliation payment will be due and the reconciliation will be
complete. If the outstanding reconciliation amount is greater than $0.00, the City shall pay Verra
Mobility the outstanding reconciliation amount and the reconciliation will be complete.
a) Monthly Program Revenue equals or exceeds monthly invoice amount. If the amount of
program revenue City collects from all Camera Systems combined during the same month less
25% (to account for City’s operating expenses) equals or exceeds the amount of the Verra
Mobility invoice for the same month, City shall pay Verra Mobility the total amount due on
the invoice. Upon full payment of such invoice, City shall be entitled to retain all additional
Program Revenue collected.
b) Remaining Program Revenue is less than monthly invoice amount. If the total amount of
revenue collected from all Camera Systems combined during the same month less 25% (to
account for City’s operating expenses) is less than the amount of the Verra Mobility invoice
for the same month, City shall pay Verra Mobility its collected Remaining Program Revenue
for that month and City may defer payment of the remaining invoice balance until the next
FPP reconciliation.
c) Required FPP accounting information. If opting to use a FPP, City shall provide Verra
Mobility with a record of Program Revenue including payments it receives directly or from
the Courts and from Verra Mobility to accurately determine the amount of its Program
Revenue collected.
(iii) Reconciliation of Program Revenue and invoice balances owed. Annually throughout the term of
this Agreement, City invoice amounts due to Verra Mobility will be reconciled with the Remaining
Program Revenue City has collected for the year. If City’s collected Remaining Program Revenue
exceeds its amounts due pursuant to Exhibit A, City shall be entitled to retain this excess amount
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in accordance with applicable law. Annual reconciliations under this paragraph shall be conducted
independent of one another and resulting balances in one annual reconciliation shall not be used
to compute and shall not otherwise affect any other annual reconciliation or its resulting balance.
The first annual reconciliation shall be 12 months from the date of the first-issued Citation.
4.6 Flexible Payment Plan – Limitations. Paragraph 4.5 shall not apply if: (1) City elects not to issue a
legally enforceable citation to a customer as determined by the City; (2) City elects not to pursue
collections on more than ten percent (10%) of unpaid Violations when contractually obligated to do
so; (3) City waives and/or fails to timely process more than ten percent (10%) of valid Violations
forwarded to the Police for acceptance according to the Business Rules defined by the City prior to
the start of the program; (4) City does not provide Verra Mobility with access to an accurate accounting
of all payments received other than received directly by Verra Mobility; or (5) City directs Verra
Mobility to not deploy and operate each Camera System each day as authorized by RCW § 46.163.170
and ACC Chapter 10.42.
5. COMMUNICATION OF INFORMATION:
Verra Mobility will comply with reasonable requests from City for information obtained by Verra Mobility
through operation of the Camera Systems or the Axsis System. Verra Mobility reserves the right to assess a fee
for such services if such information is requested by a third-party or if City could retrieve the information from
the Axsis System without the assistance of Verra Mobility. Verra Mobility will not be under any obligation to
provide information directly to non-City requesting parties. For any non-City requests for information Verra
Mobility shall work collaboratively with City to provide requested information in a timely manner. If Verra
Mobility agrees to provide information to a third party, City shall review and approve Verra Mobility directly
disclosing such information. Nothing in this paragraph shall be construed contrary to the terms and provisions
of any public records laws, insofar as they may be applicable.
6. CONFIDENTIALITY:
No information given by Verra Mobility to City will be of a confidential nature, unless specifically designated
in writing as proprietary or confidential by Verra Mobility (“Verra Mobility Confidential Information”). If,
however, Verra Mobility does designate certain information as proprietary or confidential, City shall treat the
received information as confidential to the extent it is legally able to do so. If a protective order or other
confidential treatment is not obtained or if Verra Mobility waives its rights under this paragraph, City agrees
to furnish only so much of the Verra Mobility Confidential Information as it is legally required to furnish.
Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws,
insofar as they may be applicable.
7. OWNERSHIP OF SYSTEM:
Under all circumstances, Verra Mobility shall retain ownership of all Camera Systems and the Axsis System,
and provided for use by the City under the terms and conditions of this Agreement. In order to carry out
the purposes of this Agreement, for the term of this Agreement, Verra Mobility grants City a non-exclusive,
non-transferable license to use the Axsis System. On and as of the date o f termination of this Agreement,
Verra Mobility shall remove all installed photo enforcement infrastructure and substantially restore sites to
pre-installation condition.
Verra Mobility shall retain the ownership rights to all metadata, business intelligence, or other analytics
obtained, gathered, or mined by Verra Mobility from the data captured by the Camera Systems and the Axsis
System. Furthermore, Verra Mobility has a right to use non-personalized and aggregated Program data for
its internal business purposes, analytics, statistical analysis, and to perform analyses which would further City’s
Program.
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8. INDEMNIFICATION AND LIABILITY:
8.1 Verra Mobility shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all third-party claims, injuries, damages, losses or suits including attorney fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the acts, errors, or omissions 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 Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant’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.
8.2 Indemnification Procedures. In the event of any Claim in respect of which any party hereto seeks
indemnification from the other, the party seeking indemnification (the "Indemnified Party") shall give the
party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim
promptly after the Indemnified Party first becomes aware thereof; provided, however, that failure to give
such notice shall not preclude indemnification with respect to such Claim except to the extent of any
additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying
Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim and no party
shall have the right to enter into any settlement agreement that materially affects the other party's material
rights or material interests without such party's prior written consent, which consent shall not be
unreasonably withheld or delayed.
9. INSURANCE:
Verra Mobility shall maintain the following minimum scope and limits of insurance:
9.1 Commercial General Liability Insurance: of $5,000,000 per occurrence, $5,000,000 general aggregate.
9.2 Technology Errors & Omissions (E&O): $1,000,000 per claim and $1,000,000 policy aggregate limit.
9.3 Network Security (Cyber) and Privacy Insurance: $2,000.000 per claim $2,000,000 policy aggregate for
network security and privacy coverage, $100,000 per claim for regulatory action (fines and penalties),
and $100,000 per claim for event management services.
9.4 Workers’ Compensation as required by applicable state law.
9.5 Business Automobile Liability Insurance for all owned, non-owned and hired automobiles and other
vehicles used by Verra Mobility with a minimum $1,000,000 per occurrence combined single limit
bodily injury and property damage.
9.6 City shall be named as additional insured on the Commercial General Liability policies using ISO Form
G20 26 07/04 or coverage at least as broad provided by Verra Mobility under this Agreement.
9.7 Certificates of Insurance showing Verra Mobility is carrying the above-described insurance, and
amendatory endorsements, evidencing the additional insured status required above, shall be furnished
to City within thirty (30) calendar days after the Effective Date of this Agreement.
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9.8 Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other,
by reason of any representation or express or implied warranty, condition or other term or any duty at
common or civil law, for any indirect, incidental, special, or consequential damages, or lost profits, lost
fines, or lost data however caused and on any theory of liability, arising out of or relating to this
Agreement.
10. LIMITED WARRANTY:
Except as expressly provided in this Agreement and Verra Mobility’s response to City’s invitation to bid, Verra
Mobility makes no warranties of any kind, express or implied, including, but not limited to, the warranties of
merchantability and fitness for particular purpose, with respect to the Camera Systems, the Axsis system, or
any related equipment or software, or with respect to the results of the program. The City acknowledges that
at times such systems and related equipment and software may malfunction or otherwise not operate as
anticipated. Verra mobility shall diligently endeavor to correct any such malfunction as required in Subsection
1.1.9 of Exhibit B of this Agreement.
11. STATE LAW TO APPLY: This Agreement shall be construed under and in accordance with the laws of
the State of Washington.
12. DISPUTE RESOLUTION:
12.1 Mediation. All disputes arising out of or in connection with the Agreement that the parties are unable
to resolve through mutual good faith negotiations shall be attempted to be settled through
professionally-assisted mediation, with a mediator acceptable to both parties. The mediation will be
treated as a settlement discussion and therefore will be confidential, except to the extent that RCW
42.56 may apply. The mediator may not testify for either party in any later proceeding relating to the
dispute. No recording or transcript shall be made of the mediation proceedings. Each party will bear
its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the
parties.
12.2 Arbitration. Failing resolution through negotiation or mediation, dispute shall be submitted to binding
arbitration in accordance with the Arbitration Rules for Professional Accounting and Related Services
Disputes of the American Arbitration Association (“AAA Rules”), as the parties agree. The place of
arbitration will be mutually agreed upon within fourteen (14) days of a decision to seek arbitration.
12.3 In an agreed arbitration, the arbitrator’s decision shall follow the plain and natural meaning of the
relevant documents and shall be final and binding. The arbitrator will have no power to award punitive
damages except as specifically allowed by Washington law.
12.4 Except as RCW 42.56 may apply, all aspects of the arbitration will be confidential. Neither the parties
nor the arbitrator may disclose the existence, content or results of the arbitration, except as may be
necessary to comply with legal or regulatory requirements.
12.5 Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and
costs shall be recoverable by the prevailing party as determined by the arbitrator. If a party fails to pay
such share promptly upon demand, the arbitrator shall, upon written request by the other party, enter
a final and binding decision against the nonpaying party for the full amount of such share, together
with an award of attorneys’ fees and costs incurred by the other party in obtaining such decision, which
decision may be entered in any court of competent jurisdiction. Except for the failure of a party to
pay arbitration fees and costs that requires resort to the arbitrator to order such payment, the parties
will bear their own attorneys’ fees in any matter or dispute under this Agreement.
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12.6 Failing an agreement to arbitration, the parties may seek resolution of any remaining dispute by filing
an action in a court of competent jurisdiction. This Agreement shall be interpreted and enforced in
accordance with the laws of the State of Washington. Venue for any action under this Agreement shall
be in King County, Washington.
13. CHANGE ORDERS:
City may request the addition of any products or services that Verra Mobility provides or other changes to
the scope of work to be performed under this Agreement by providing a Change Order Notice to Verra
Mobility. Upon Verra Mobility’s receipt of the Change Order Notice, Verra Mobility shall deliver to City a
Change Order Proposal. Following City’s receipt of the Change Order Proposal, the parties shall negotiate
in good faith regarding a plan and schedule for implementation of the proposed changes; the time, manner
and amount of payment or price and any other matters relating to the proposed changes. Any Change Order
Proposal mutually agreed to by the parties in writing shall be incorporated as an addendum to this Agreement.
14. TERMINATION:
14.1 Verra Mobility’s services may be terminated:
(i) By mutual written consent of the parties; or
(ii) For material breach of this Agreement by either party, where the other party fails in any material
way to perform its obligations under this Agreement.
a) Where City is in breach of this Agreement for non-payment of Fees to Verra Mobility,
Verra Mobility may exercise any or all of the following remedies: (1) provide City written
notice and thirty (30) days to cure before suspending performance and turning off the
Camera Systems; (2) terminate this Agreement for cause where City’s account remains
delinquent ninety (90) days after written notice; and (3) in addition to the foregoing, seek
any other available remedies at law or equity.
b) Termination under this Subsection 14.1(ii) for any reason other than non-payment of Fees
by City is subject to the condition that the terminating party notifies the other party of its
intent to terminate, stating with reasonable specificity the grounds therefore, and the other
party fails to cure the default within forty-five (45) days after receiving written notice.
(iii) In the event of termination by Verra Mobility under Subsection 14.1(ii) for breach by City
(including non-payment of Fees), City shall pay Verra Mobility an early termination fee based on
a price of $105,000 per Fixed Speed Safety Camera System, amortized over sixty (60) months on
a straight-line basis. The amortization schedule for said costs shall be reduced proportionally for
each month each Camera System is installed.
(iv) City recognizes the substantial upfront costs Verra Mobility will incur to procure, provide and
install Camera Systems. City therefore agrees that any Camera Systems that City authorizes
through a Notice to Proceed shall remain installed and operational for the duration of the term,
unless otherwise mutually agreed. Verra Mobility will bill a restocking or standby fee for any
upfront costs associated with the Camera System(s), vehicle(s), or other equipment in the event
City terminates or suspends a Notice to Proceed.
14.2 Upon termination of this Agreement, including because it has reached the end of its term, the parties
recognize that City will have to process Events captured prior to the end of the term of the
Agreement”. Accordingly, the parties shall take the following actions and shall have the following
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obligations, which survive termination during the wind-down period as provided in Subsections
14.2(ii), 1.2(iii) and Section 178 of this Agreement:
(i) City shall cease using the Camera System to capture Events.
(ii) Unless it is unlawful to do so, Verra Mobility will, for a period of ninety (90) days, continue to
process all Events captured before termination and provide all services associated with processing
in accordance with this Agreement and shall be entitled to a monthly flat fee of $10,000 per month
during the ninety (90) day period. After such ninety (90) day period, Verra Mobility will terminate
all use of the Axsis System for City’s Program and upon such termination the City shall no longer
have access to the Axsis System, including violationinfo.com website, and related lockbox shall no
longer be capable of accepting payments, and all violation data shall be provided to the City
pursuant to section 17 of this Agreement.
(iii) City shall return or allow Verra Mobility to recover all provided equipment within a reasonable
time not to exceed ninety (90) days.
14.3 In the event of termination by Verra Mobility for non-payment of Fees by City, Verra Mobility shall
cease processing Events as of the date of termination.
15. LIMITED AGENCY:
City hereby grants Verra Mobility the authority to act on its behalf as a limited agent of City, and shall cause
the applicable law enforcement agency to grant Verra Mobility the authority to act as a limited agent of the
law enforcement agency, for the purposes of (i) facilitating establishment and maintaining bank accounts and
delivering payment/transfer instructions, if applicable; (ii) access to DMV records; and (iii) generating and
administratively processing recorded images of Events as described in this Agreement and the Business Rules.
Verra Mobility and its employees, contractors, agents and servants will in no event be considered to be
employees, agents (other than in the limited capacity described herein), or servants of City. This Agreement
does not and shall not be interpreted as creating a general agency relationship between Verra Mobility and
City.
16. USE OF SUBCONTRACTORS:
From time to time, Verra Mobility may subcontract certain services provided under this Agreement without
notice to or consent of City.
17. DATA RETENTION:
Subject to litigation holds, court orders, changes in Law, or other legal requirements applicable to Verra
Mobility, Verra Mobility shall maintain the categories of data set forth under the heading “Type of Record”
for the periods of time set forth under the heading “Minimum Verra Mobility Retention Period” on
EXHIBIT E during the term of this Agreement. Within one hundred-twenty (120) days of the later of the
termination of this Agreement or the termination of any wind-down period, Verra Mobility shall at its option
either (i) place the Violation Images, Non-Violation Images, Individually Identifiable Violation Records, and
Individually Identifiable Non-Violation Records (each as described on EXHIBIT E), not previously disposed
of in accordance with the data retention schedule at a secured location with SFTP access or (ii) provide City
with a hard-drive containing the Violation Images, Non-Violation Images, Individually Identifiable Violation
Records, and Individually Identifiable Non-Violation Records, where City shall have ninety (90) days to
retrieve and validate the information. After ninety (90) days, Verra Mobility shall delete all data from the
SFTP location (if applicable) and shall have no further data retention obligations to City with respect to such
data.
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18. ASSIGNMENT:
Neither party may assign all or any portion of this Agreement without the prior written consent of the other,
which consent shall not be unreasonably withheld or delayed. However, for business financing purposes or
other corporate reorganizational purposes, Verra Mobility may sell, assign, transfer or convey any interest in
this Agreement in whole or in part without the written consent of City.
19. FORCE MAJEURE:
Neither party will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay
in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence.
Such causes may include but are not limited to, acts of God or the public enemy, terrorism, significant fires,
floods, earthquakes, hurricanes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe
weather, or governmental authorities approval delays which are not caused by any act or omission by the parties.
The party whose performance is affected agrees to notify the other promptly of the existence and nature of any
delay. For the avoidance of doubt, road construction within the control of the City is not an event of Force Majeure
on behalf of the City. The term of the Agreement shall be extended by a period equal to that during which either
party’s performance is suspended under this section.
20. TAXES:
Verra Mobility’s work under this Agreement and performance of this Agreement may subject Verra Mobility to
Customer imposed taxes as provided in Customer’s City Code and/or ordinances. Should a dispute over
Customer imposed taxes arise during the term of this Agreement, the parties shall negotiate in good faith to
equitably resolve it pursuant to paragraph 13 of this agreement. During the term of this Agreement, Customer
will impose no additional taxes except as permitted by its taxing authority provided by law.
21. NOTICES:
Any notices or demand which, under the terms of this Agreement or under any statute, that must or may be
given or made by Verra Mobility or City shall be in writing and shall be given or made by personal service,
first class mail, Federal Express, or by certified mail to the parties at the following addresses:
City of Auburn American Traffic Solutions, Inc.
25 West Main Street 1150 North Alma School Road
Auburn, WA 98001 Mesa, Arizona 85201
Attn: Public Works-Engineering Attn: Legal Department
22. LEGAL CONSTRUCTION:
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other
provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had not been contained herein. This Agreement shall be enforced to the maximum extent possible
so as to give effect to the intent of the parties and shall be reformed without further action by the parties to the
extent necessary to make such provision valid and enforceable herein.
23. AMENDMENTS TO THE AGREEMENT:
Any changes, modifications or amendments to this Agreement shall be in writing and signed by both parties.
24. INTEGRATION:
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This Agreement constitutes the sole and only agreement of the parties and supersedes any prior or
contemporaneous understanding, written or oral, between the parties respecting its subject matter.
25. SURVIVAL:
The following provisions of the General Terms and Conditions shall survive the termination of this
Agreement: Sections 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22 and this Section 25.
26. ADDITIONAL SERVICES:
During the term of this Agreement, from time-to-time Verra Mobility may propose certain new technologies
for City to consider and, if so desired, City may procure from Verra Mobility the new technologies through an
amendment to this Agreement upon terms to be mutually agreed upon by the parties.
27. PILOTS:
From time to time, at the mutual agreement of the parties, Verra Mobility may pilot existing Verra Mobility
products and services or products and services that are under development by Verra Mobility or its current or
future subcontractors and vendors (each a “Vendor”). During any pilot pursuant to this Section 27, registered
owner information shall not be used and no Events will be issued as Citations and no mailing of warnings or
Citations will occur. City expressly acknowledges that Verra Mobility is under no obligation to retain for any
period of time any data produced by any pilot systems. Verra Mobility may request City or its employees to
provide feedback on the use, quality, viability, features, functionality, or desirability of pilot systems (“City
Feedback”). All data, drawings, plans, specifications, blueprints, studies, reports, memoranda, computation
sheets, computer files and media or other documents prepared or generated by Verra Mobility or a Vendor or
a pilot systems in connection with any pilot shall remain the property of Verra Mobility (the “Pilot Data”). To
the extent that such Pilot Data is provided to City, Verra Mobility grants to City a limited, personal, non-
sublicensable, nonexclusive license to use the Pilot Data, solely for evaluation and statistical purposes, or to
fulfill City’s legal requirements under RCW 42.56. Actual program performance may vary from pilot
performance. City acknowledges and agrees that the terms of this Agreement, except for Sections 6, 7, 10, 11,
12, 13, 16, 19, 21, 22 and this Section 27, shall not apply to any such pilot.
28. EXECUTION:
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original
copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the
same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or “.pdf”
transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be
used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or
“.pdf” shall be deemed to be their original signatures for any purpose whatsoever.
AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF AUBURN
By:
By:
Name:
Title:
Date Name:
Title:
Date
ATTEST:
By:
Name:
Title:
Date
This Agreement is effective on the date of execution by the last signatory above (“Effective Date”).
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EXHIBIT A
SERVICE FEE SCHEDULE
1.0
Description of Pricing
Fees are based on per Camera System per month and are as follows:
Product Description
Fees
Fixed Speed Safety Camera System – the Parties shall mutually agree on the
number of Cameras Systems installed. Monthly fee is required to be paid for
each month that schools are open, exempting periods such as summer
break and unforeseen events. The fee will be prorated during times when
the camera is not operational.
$3,999 Fixed Fee per Camera
System per Month
Relocation - Verra Mobility will relocate up to ten (10) percent of the total
installed Camera Systems once per year at no cost to the City. At no cost to the
City, the City may require Verra Mobility to permanently remove or temporarily
relocate a Camera System at enforcement locations where the Camera System is
in conflict with existing or new public facilities. Verra Mobility will remove or
relocate the conflicting Camera System within 60 calendar days from notice by
the City.
Verra Mobility will work with the contractor(s) responsible for the work on the
existing or new public facilities to ensure relocation is incorporated into the
design and the contractor(s) know and have agreed to pay for the relocation.
Prior to approving a location for installation of a Camera System the City shall
inform Verra Mobility of any foreseeable public facility work that may cause a
conflict with the Camera System to allow for the parties to determine if an
alternative location should be found for installation of the Camera System.
To the extent that City elects to have Verra Mobility relocate a Camera System
more often than as referenced above, the parties must agree on the relocation
costs City shall reimburse Verra Mobility prior to the relocation taking place, and
if said reimbursement costs are not agreed to, then the Camera System shall
remain in place during the duration of the Agreement.
Subsequent Notices Mailing Fee – For any additional notices sent by first
class mail required by the City or required by law in excess of the standard set
of notices as described in Subsection 1.2.3 of EXHIBIT B, Verra Mobility will
charge the City a Subsequent Notices Mailing Fee.
$2.00 per page per notice
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EXHIBIT B
SCOPE OF WORK
1. VERRA MOBILITY SCOPE OF WORK
1.1 VERRA MOBILITY IMPLEMENTATION
1.1.1 Verra Mobility agrees to provide Camera System(s), use of the Axsis System and related
services to City as outlined in this Agreement, excluding those items identified in Section 2
titled “City Scope of Work”. Verra Mobility and City understand and agree that new or
previously unforeseen requirements may, from time to time, be identified and that the parties
shall negotiate in good faith to assign the proper party the responsibility and cost for such
items. In general, if work is to be performed by City, unless otherwise specified, City shall not
charge Verra Mobility for the cost.
1.1.2 City and Verra Mobility will complete the Project Time Line within thirty (30) days of
Agreement execution date, unless mutually agreed to otherwise by the parties. Verra Mobility
agrees to make every effort to adhere to the Project Time Line.
1.1.3 Prior to installing or deploying a Camera System, Verra Mobility may conduct a statistical
analysis of each Approach being considered for a Camera System or Camera Systems (“Site
Selection Analysis”) to assist City in determining which Approaches will be the most beneficial
to City in pursuit of its traffic safety and enforcement goals. Considerations may include
collision history, community safety, police department staff review and engineering and
construction feasibility assessment. Camera System deployment and installations will be based
on mutual agreement by City and Verra Mobility. Verra Mobility makes no representations or
warranties that any Violation rate estimates will be predictive of actual future traffic Violation
rates.
1.1.4 Verra Mobility will install or deploy Camera System(s) at a number of Approaches to be
mutually agreed upon between Verra Mobility and City after completion of Site Selection
Analysis and as reflected in a written Notice to Proceed. In addition to any initial installation
or deployment of Camera Systems the parties may mutually agree to add additional Camera
System(s) or Approaches, which shall also be reflected in a written Notice to Proceed as set
forth in EXHIBIT C.
1.1.5 Verra Mobility will operate each Camera System on a 24-hour basis, barring downtime for
maintenance, normal servicing activities, or other unforeseen instances, unless enforcement
times are restricted by law, such as in school zones.
1.1.6 Verra Mobility’s Communications Department will assist City with public information content
and outreach campaign strategies.
1.1.7 Verra Mobility agrees to provide a secure website (www.violationinfo.com) accessible to
Owners/violators who have received notices of violation by means of a Notice # and PIN,
which will allow Violation image and video viewing. Verra Mobility shall include a link to the
payment website(s) and may offer the opportunity to download an affidavit of non-liability
online. Verra Mobility will operate this secure website on a 24-hour basis, barring downtime
for maintenance, normal servicing activities, or other unforeseen instances.
1.1.8 Verra Mobility will provide technician site visits to each Camera System, as needed, to perform
maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and
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controller enclosure cleaning; inspection of exposed wires; and, general system inspections
and maintenance.
1.1.9 Verra Mobility shall take commercially reasonable best efforts to repair a non-functional
System within seventy-two (72) hours (excluding weekends and holidays) of determination of
a malfunction.
1.1.10 If City is using Verra Mobility facilitated lockbox or epayment services, City shall provide
Verra Mobility and the applicable payment processor with the items set forth in Section 2.1.5
below.
1.1.11 If applicable, Verra Mobility is authorized to charge, collect and retain a service/convenience
fee of up to the greater of $5.00 or to 5% of the total payment, for each payment processed
through the web, call center, IVR, or other electronic means. Such fee is paid by the payor
and retained by Verra Mobility.
1.2 VERRA MOBILITY OPERATIONS
1.2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of
this Agreement and the City’s Business Rules.
1.2.2 During the 30-day warning period, Verra Mobility shall provide City with a one-time warning
period up to thirty (30) days in length following the installation and activation of the first
installed Camera System. City shall not be charged a fee for the warning period; however for
any warning period exceeding thirty (30) days City shall be responsible for the normal monthly
Fee.
1.2.3 Verra Mobility shall provide City with access to the Axsis System, including image processing,
first notice printing and mailing per Violation and insufficient information letter for a transfer
of liability affidavit. In the case of a transfer of liability by the Owner, the Axsis System shall
be setup to mail a Citation to the driver identified in the affidavit of non-liability or identified
by a rental car company. All mailings of notices are by first class mail.
1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first
class or other mail means for additional compensation to Verra Mobility as agreed upon by
the parties.
1.2.5 Verra Mobility shall apply an electronic signature, name, or badge number to the Citation as
authorized in the City’s Business Rules.
1.2.6 Verra Mobility may make non-substantive formatting or incidental changes to the Citation
form without approval by City.
1.2.7 Verra Mobility shall seek records from vehicle registration databases reasonably accessible to
Verra Mobility through its limited agent relationship with City and use such records to assist
City in processing Citations. Verra Mobility may mail Citations to the address of the Owner
obtained through the DMV, obtained through the National Change of Address (NCOA)
database provided by the United States Postal Service, or obtained through other means
including but not limited to skip tracing. Verra Mobility reserves the right to pass-through to
City any cost increases imposed on Verra Mobility by DMV data sources.
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1.2.8 The Axsis System shall provide City with the ability to run and print standard system reports.
Verra Mobility provides a suite of standard program reporting at no charge to clients with
active Programs. Upon notice to City, Verra Mobility reserves the right to modify the suite of
standard program reporting available to City, so long as such change applies generally to
customers with similar programs. Customized reporting services are available upon written
request. The fee for such services shall be mutually agreed upon.
1.2.9 During the twelve (12) month period following the installation or deployment of the first
Camera System, upon Verra Mobility’s receipt of a written request from City at least fourteen
(14) calendar days in advance of a court proceeding, and if required by the court or prosecutor,
Verra Mobility shall provide City with or train a local expert witness to testify in court on
matters relating to the accuracy, technical operations, and effectiveness of the Camera System
or the Axsis System until judicial notice is taken. City shall use its best efforts to obtain judicial
notice as soon as possible. If a Verra Mobility expert witness is required more than two (2)
times during the twelve (12) month period, City shall reimburse Verra Mobility for any
reasonable time and travel costs incurred for the additional dates.
1.2.10 In those instances where damage to a System (or sensors where applicable) is caused by (i)
negligence on the part of Verra Mobility or its authorized agent(s), Verra Mobility shall bear
the cost of repair or (ii) negligence or recklessness on the part of a driver or severe weather or
other Force Majeure events, Verra Mobility shall bear the cost of repair. For all other causes
of damage, including road construction, City negligence, etc. City shall reimburse Verra
Mobility for the cost of repair.
1.2.11 Verra Mobility shall provide a help-line to assist City with resolving any problems encountered
regarding its Camera System and/or the Axsis System. The help-line shall function during
Business Hours.
2. CUSTOMER SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 Within seven (7) business days of the Effective Date of this Agreement, Verra Mobility shall
provide City with the name, title and contact information of a Project Manager to coordinate
Verra Mobility responsibilities under this Agreement and City shall have the right to request a
change in the Project Manager upon written notice to Verra Mobility and if such request for
a change is made in good faith Verra Mobility shall have thirty (30) days to provide the City
with the name and contact information of a new Project Manager. City shall have the
opportunity to review and approve or reject any Verra Mobility staff that will be the primary
liaison(s) between Verra Mobility and the City.
2.1.2 Within seven (7) business days of the Effective Date of this Agreement, City shall provide
Verra Mobility with the name, title, mailing address, email address and phone number of all
City stakeholders, including:
o A project manager with authority to coordinate City responsibilities under this
Agreement;
o Court manager responsible for oversight of all Court-related program requirements;
o The police contact;
o The court contact;
o The prosecuting Attorney;
o The City Attorney;
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o The finance contact (who receives the invoices and will be in charge of reconciliation);
o The IT person for the police;
o The IT person for the courts;
o The public works and/or engineering contact responsible for issuing any/all permits for
construction; and
2.1.3 City and Verra Mobility shall complete the Project Time Line within thirty (30) calendar days
of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties.
City shall make every effort to adhere to the Project Time Line.
2.1.4 As requested from time to time by City, Verra Mobility will provide City with a mock-up of
the Citation and other notices within fifteen (15) days. City shall review the Citation and other
notices to ensure conformity with the Laws applicable to City. Verra Mobility shall not
implement changes to the Citation or other notices without City’s prior review and sign-off.
2.1.5 City shall designate a City account for deposit / settlement of funds paid by payors. Within
seven (7) business days of receipt by City, City shall provide Verra Mobility completed banking
forms, which may include among others a participation agreement and submerchant
agreement with the payment processor as well as a bank verification letter prepared by the
City’s settlement account’s bank, and a Form W-9, Request for Taxpayer Identification
Number and Certification.
2.1.6 City shall direct the law enforcement agency to execute the Verra Mobility DMV Services
Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide
verification to the National Law Enforcement Telecommunications System (NLETS), State
Department of Motor Vehicles, or appropriate authority indicating that Verra Mobility is
acting on behalf of the City for the purposes of accessing vehicle ownership data pursuant to
the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721,
Section (b)(1) and as may otherwise be provided or required by any provision of applicable
state law. In addition to the Verra Mobility DMV Services Subscriber Authorization, City shall
execute agreements or applications as requested by Verra Mobility with departments of motor
vehicle to provide Verra Mobility with access to motor vehicle data
2.1.7 City shall prepare, execute, update, and maintain the Business Rules for implementation and
operation of the Program. City’s failure to timely prepare the Business Rules may impact the
Project Time Line. Verra Mobility shall not be liable for City’s failure to update and maintain
the Business Rules.
2.1.8 City is responsible for notifying Verra Mobility of any local legislative and/or ordinance
changes in writing within forty-eight (48) hours of the first read of the proposed legislation.
Verra Mobility will not be responsible for complying with any change in applicable local law,
until such time as Verra Mobility has been notified by City in writing of the change in Law.
2.1.9 City is responsible for all final jurisdictional issues, including but not limited to as they pertain
to issuance of Citations, adjudication of Violations, and intergovernmental authorities.
2.1.10 Once a Notice to Proceed is granted to Verra Mobility in writing, City shall not issue a stop
work order to suspend activity on the implementation process, unless City reimburses Verra
Mobility for costs incurred up to the date the stop work order is issued.
2.1.11 City will comply with all applicable Laws relating to its conduct with respect to the Program,
and City shall not use the Camera Systems or Axsis for any purpose not permitted by Law.
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2.1.12 Once a Camera System is installed and certified by Verra Mobility as operational, it shall be
immediately put into service. The first 30 days of service will be the warning period, during
which Verra Mobility will issue warnings at no cost to the City.
2.1.13 City shall process each Event in accordance with state law and/or municipality ordinances
within five (5) business days of its appearance in the law enforcement review queue, using
Axsis to determine which Events constitute Violations that will be issued as Citations. In the
event that City fails to process Events within this timeframe, Verra Mobility shall not be liable
for failure of the Axsis System to allow City to issue a notice or Citation within statutory
timeframes.
2.1.14 In the event that remote access to the Axsis System is blocked by City network security
infrastructure, City’s Department of Information Technology shall coordinate with Verra
Mobility to facilitate appropriate communications while maintaining required security
measures. Verra Mobility shall inform the City of any changes that may lead to such issue
ahead of time, and coordinate with the City to prevent any access problems.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 All Camera Systems are intended to remain installed for the term of the Agreement. Any
relocations shall be handled pursuant to the requirements in section 1.0 of Exhibit A.
2.2.2 If a construction or improvement project requires an installed or deployed Camera System to
be deactivated or requires a Camera System, including imbedded sensors, to be moved or
removed, City shall provide notice of such work to Verra Mobility and the fees shall be
prorated for the time period the camera(s) are disabled.
2.2.3 Prior to the installation of any System, City shall provide Verra Mobility information regarding
known road construction or improvement projects scheduled during the term of this
Agreement for any Approach designated for System installation. In addition, within thirty (30)
days of becoming aware of anticipated construction that may result in the deactivation or
removal of a System or otherwise impact an Approach during the term of this Agreement,
City shall notify Verra Mobility of any such construction. In the event of emergency projects,
the City shall notify Verra Mobility of such events.
2.2.4 City will design, fabricate, install and maintain camera warning signs required by Law for
purposes of operating the Program. If City cannot provide such signage Verra Mobility will
do so and City shall reimburse Verra Mobility for the costs of signs and installation of the
signs. City shall at all times be responsible for the maintenance of the installed warning signs.
2.2.5 City understands that proper operation of the System may require access and connection to
the school zone flashing beacons. City, therefore, shall provide access or assist Verra Mobility
with obtaining access to the school zone flashing beacon according to approved design. When
school zone flashing beacons are not under the jurisdiction of City, the City shall assist Verra
Mobility with obtaining any necessary agreements with the owner or maintaining agency of
the school zone flashing beacon and infrastructure in order to provide the required access to
said school zone flashing beacon and infrastructure.
2.2.6 Verra Mobility installation and removal plans shall be approved by a licensed professional
engineer and such deliverables shall conform to Auburn City Code requirements and the City
of Auburn Engineering Design and Construction Standards.
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2.2.7 City shall allow Verra Mobility to build needed infrastructure into existing City-owned road
easement.
2.3 COURTS OPERATIONS
2.3.1 City is responsible for contracting or otherwise engaging the King County Court for the
adjudication of Citations in accordance with all applicable Laws,
2.3.2 City shall be responsible for ensuring the King County Court provides a judge or hearing
officer and court facilities to schedule and hear disputed Citations.
2.3.3 City, or the King County Court at the direction of City, shall handle inbound and outbound
phone calls and correspondence from defendants who have questions about disputes and
other issues relating to Citation adjudication. City or the King County Court may refer citizens
with questions regarding the Camera System technology and processes to websites and/or toll
free telephone numbers provided by Verra Mobility for that purpose.
2.2.1 Verra Mobility shall provide City and appropriate King County Court staff with access to its
online Axsis adjudication processing module which will enable the adjudication function to
review cases, related images, and other related information required to adjudicate disputed
Citations. If instead of using the online adjudication processing module in Axsis City desires
to integrate Verra Mobility data into its adjudication system, subject to feasibility, Verra
Mobility shall provide a court interface. City is responsible for the cost of development of any
such court interface, including any costs charged by a third-party vendor. City, or the King
County Court at the direction of the City, is responsible for entering all final dispositions of
Citations including all payments of Citations into the Axsis System, either directly through the
online adjudication processing module or through the court interface.
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EXHIBIT C
FORM OF NOTICE TO PROCEED
Reference is made to the Professional Services Agreement by and between American Traffic Solutions, Inc.,
doing business as Verra Mobility (“Verra Mobility”) and ______________ (“City”), dated as of [date] (the
“Agreement”). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in
the Agreement.
City hereby designates this implementation of Systems at the Approaches listed below. Verra Mobility shall
make its best efforts to install a System within thirty (30) days of permits being granted and power delivered
for each agreed-upon Approach, providing that City has received permission for all implementations in writing
from any third-party sources.
Below is a list of School Zones provided by City, which have been analyzed based on traffic volumes, road
geometry, existing infrastructure, and equitable distribution of this service based on City direction, and are
believed to be locations at which a System would increase public safety.
Execution of this Notice to Proceed by City shall serve as authorization for the installation of Systems for all
Approaches designated as follows:
Approach (Direction and Roadway) Type of
Enforcement
Camera System Solution
City understands that implementation and installation of any Approach is subject to Site Selection Analysis and
engineering results.
City recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems for
the above listed Approaches. City agrees that the Systems authorized by this Notice to Proceed for the above-
listed Approaches shall remain installed and operational for the duration of the current term of the Agreement,
unless the need for relocation is identified, which is within the scope of this Agreement.
IN WITNESS WHEREOF, City has executed this Notice to Proceed as of the date written below.
[CUSTOMER]
By:
Name:
Title:
Date
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
Name:
Title:
Date
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EXHIBIT D
DMV SERVICES SUBSCRIBER AUTHORIZATION
Agency ORI: _____________
[DATE]
Nlets
1918 W. Whispering Wind Dr.
Phoenix, AZ 85085
Attn: Frank L. Minice, Executive Director/CEO
Re: Authorization for American Traffic Solutions, Inc. to Perform MVD/DMV Inquiry
Dear Mr. Minice:
The Auburn Police Department authorizes the City of Auburn, Washington to use the Auburn Police
Department ORI _____________ for the limited purpose of obtaining vehicle registration through Nlets. This
letter acknowledges that a contract to perform automated enforcement between the City of Auburn and
American Traffic Solutions, Inc., doing business as Verra Mobility (“Verra Mobility”), is in force. As a
requirement of and in performance of that contract between the City of Auburn and Verra Mobility, it will be
necessary for Verra Mobility to access Nlets for motor vehicle data on our agencies behalf.
Please accept this letter as authorization from the Auburn Police Department for Verra Mobility to run motor
vehicle inquiries for this purpose. This authorization will automatically expire upon the termination of the
contract between the City of Auburn and Verra Mobility; and, such authorization is limited to violations
detected by the automated enforcement camera systems.
By completing the information below and signing this letter, I am stating that I am a member of and have the
authority to extend this authorization on behalf of the Auburn Police Department.
SUBSCRIBER INFORMATION
Subscriber Agency/Name
Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone Fax
Email
Signature of Authorized
Representative
Date Signed
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EXHIBIT E
RETENTION SCHEDULE
[This schedule to be completed by City in conformity with applicable state and local law]
Type of Record Minimum Verra Mobility Retention Period
Violation Images* (including video clips and related
metadata)
90 days from payment or final adjudication
Non-Violation Images (including video clips and
related metadata)**
90 days from Event capture date
Individually Identifiable Violation Records* 90 days from payment or final adjudication
Individually Identifiable Non-Violation Records** 90 days from Event capture date
Audio recording from contact center 90 days from call
Written correspondence with citizens regarding
Violations
1 year from date of correspondence
Maintenance Records 90 days from payment or final adjudication of an
applicable Violation
Other Program Records 1 year from termination of the Agreement
* Violation Image: an image of a Violation issued as a Citation.
Individually Identifiable Violation Records: a record containing individually identifiable information
pertaining to a Violation issued as a Citation.
** Non-Violation Image: an image of an Event not issued as a Citation.
Individually Identifiable Non-Violation Records: a record containing individually identifiable
information pertaining to an Event not issued as a Citation.
*** Retention period is not applicable upon termination of the Agreement and the data is provided to
City pursuant to Section 15 of the Agreement.
This records retention schedule does not apply to any Event data captured by the Camera System,
but not uploaded into Axsis. For the avoidance of doubt, this records retention schedule does not
apply to any records related to any Pilot Data.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Introduction to Economic Development Division (Tate)(20
Minutes)
Date:
February 23, 2022
Department:
Community Development
Attachments:
Introduction to Economic Development
PowerPoint
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
For discussion only.
Background for Motion:
Background Summary:
The Economic Development Division focuses on many aspects in the business community.
This presentation will give an overview of how the Division interacts with community based
organization and the projects that are currently being pursued.
Staff presenters include: Jenn Francis, Economic Development Manager
Rev iewed by Council Committees:
Councilmember:Baggett Staff:Tate
Meeting Date:February 28, 2022 Item Number:
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AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
ECONOMIC DEVELOPMENT
INTRODUCTION TO
ECONOMIC
DEVELOPMENT
JENN FRANCIS
CITY COUNCIL STUDY SESSION
FEBRUARY 28, 2022
Community Development
Engineering Services Administrative Services Environmental Services
Community Development Services Economic Development Page 59 of 89
ECONOMIC DEVELOPMENT DIVISION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Community
Development
Director
Economic
Development
Manager
Economic
Development
Coordinator
Downtown Tourism &
Marketing
DAC BIA Chamber LTAC
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Auburn is a community that has a robust and diverse economy
where businesses seek to locate, people desire to visit, and
residents enjoy a range of commercial offerings.
Businesses that locate in Auburn find it easy to enter the
marketplace, encounter ideal conditions for their long-term
success, and become rooted and involved in the community.
Visitors continue to return to Auburn because of its high-quality
natural resources, parks, public spaces, and commercial
attractions.
Residents choose to live in Auburn because of the diverse, family
wage employment opportunities, and access to entertainment,
restaurant, retail, and services.
ECONOMIC DEVELOPMENT VISION
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COMPREHENSIVE PLAN
ECONOMIC DEVELOPMENT ELEMENT
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CHARACTER
WELLNESS
SERVICE
ECONOMY
CELERATION
ENVIRONMENT
SUSTAINABILITY
COMPREHENSIVE PLAN VALUES AND
STATEMENTS
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Our cultural diversity has been leveraged to bind our
community, expand our market, and celebrate cultural
traditions.
CHARACTER
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We are a safe community with walkable commercial districts
where there the perception and reality are that crime activity is
low and public safety staffing meets or exceeds the
community’s expectations.
WELLNESS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Trek
Apartments
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Our economic development strategies focus on both, supporting
the existing business community; as well as recruitment of new
businesses to expand and diversify the City’s quality of place.
SERVICE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Legendary
Donuts
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We actively promote our local businesses and have been
successful at making our residents more aware of what is
available locally as well as attracting visitors from beyond our
City.
CELEBRATION
Dentists of
Auburn Ribbon
Cutting
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We are able to measure and achieve defined targets for
manufacturing, service, and retail jobs and revenues.
ECONOMY
Orion
Industries
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Our economy is growing and diversifying because of our efforts
to protect our river, streams, wetlands, and other environmental
resources.
ENVIRONMENT
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Residents are staying in Auburn to work and shop, and we are
widely considered a regional dining, shopping, and
entertainment destination.
SUSTAINABILITY
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TEN YEAR ECONOMIC DEVELOPMENT
STRATEGIC PLAN
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Continue to actively seek investors and developers for downtown
projects
Partner with Auburn Area Connect on marketing packages for
tourism destinations
Create strong relationship with BIA, Auburn Area Connect, DAC and
Economic Development Division
Leverage Auburn’s community of business leaders to reach peers
and cultivate stronger relationships
Organize Networking Events
STRATEGIC PLAN HIGHLIGHTS
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The City of Auburn is partnering with the Auburn Area Connect
Chamber for marketing existing and new businesses.
MARKETING
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Focusing on Businesses Outside of the Outlet Collection
OUTLET COLLECTION
MARKETING CAMPAIGN
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Benefits of Tourism
Injects Dollars From Outside Auburn Into Our Local Economy
Cultivates Civic Pride
Community Benefit To Auburn Residents
Positively Impact Shoulder Season (Sept –May)
Ensure Economic Vitality of Auburn Businesses
TOURISM
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LODGING TAX FUND
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
•Hotels / motels collect
lodging tax for all
completed bookings
Hotel /Motel
Tax
•Tasked with addressing
issues related to tourism
•Meets Monthly
Auburn
Tourism Board
•Establish proposed budget;
interview & designate
lodging tax grant recipients.
•Meets twice a year
LTAC
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PROMOTING HOTEL/MOTELS IN AUBURN
Promoting our local hotels and encouraging the use of the Destination
Auburn QR Code throughout the City, will help support local businesses.
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The City of Auburn partners with the Auburn Area Connect for Marketing and Tourism.
AUBURN AREA COLLECTIVE
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The Auburn Area Collective
working with the City,
legislators, and the community.
SUPPORTING BUSINESSES
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Business Connect Events –Held the First Wednesday of Every Month from 3 –5 PM
NETWORKING
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What is the BIA
Governed under Auburn City Code 2.98 –The Business Improvement Area (BIA) is a special district consisting of roughly 240 businesses located within a specified geographic boundary.
The purpose of the BIA is to aid in general economic development and neighborhood revitalization within the BIA boundary, and to facilitate the cooperation of merchants, businesses, and residential property owners for the benefit of trade, economic vitality, and livability.
Where is the BIA?
BUSINESS IMPROVEMENT AREA
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Acquisition, construction or maintenance of parking facilities
Decoration of any place within the BIA boundary
Sponsorship or promotion of public events
Furnishing of music in any public place within the BIA boundary
Professional Management, planning & promotion for the neighborhood
Providing maintenance and security for common, public spaces
Providing transportation services for the benefit of the neighborhood
HOW CAN BIA FUNDS BE SPENT
Seven purposes BIA Funds can be used for:
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The DAC works closely with the City to support
downtown business and the surrounding
community.
DOWNTOWN AUBURN COOPERATIVE
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Downtown Cleanup –Our Partnership with Trillium
KEEPING DOWNTOWN CLEAN
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Upgrades to Outlets
DOWNTOWN LIGHTING PROJECT
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During the month of March, lighting will be added to the B Street Plaza and the Mural Parking Lot located by Auburn Avenue Theater.
DOWNTOWN LIGHTING LOCATION
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Spending ARPA Funds
Marketing
Special Events
Downtown Improvements
Cash Payments
Technology Assistance
Translation Assistance
Recruiting Employees
COVID Testing & PPE
ARPA
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Economic development programs should be viewed as a
way to shape the character of the City’s future economy.
OUR GOAL IN ECONOMIC DEVELOPMENT
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QUESTIONS
ECONOMIC DEVELOPMENT MANAGER
JENN FRANCIS
253-215 -8744
JFRANCIS@AUBURNWA.GOV
WWW.AUBURNWA.GOV
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
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