HomeMy WebLinkAbout05-16-2022 City Council AgendaCity Council Meeting
May 16, 2022 - 7:00 PM
City Hall Council Chambers and Virtual
AGENDA
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I.CALL TO ORDER
II.PUBLIC PARTICIPATION
1.Public Participation
The Auburn City Council Meeting scheduled for Monday, May 16, 2022 at 7:00
p.m. will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 888 475 4499
Zoom: https://us06web.zoom.us/j/85008594302
A.Pledge of Allegiance
B.Roll Call
III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS
IV.AGENDA MODIFICATIONS
V.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
A.Public Hearings - (No public hearing is scheduled for this evening.)
B.Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.The public can participate in-person or submit written
comments in advance.
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The public can provide comments in-person or submit written comments in
advance of the scheduled meeting. Participants can submit written comments via
mail, fax, or email. All written comments must be received prior to 5:00 p.m. on the
day of the scheduled meeting and must be 350 words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
If an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
C.Correspondence - (T here is no correspondence for Council review.)
VI.COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.Finance Ad Hoc Committee (Chair Baggett)
VII.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.Minutes of the April 25, 2022 and May 9, 2022 Study Session
Meetings
B.Minutes of the May 2, 2022 Regular City Council Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated May 16, 2022 which includes voucher numbers 467797
through 468006, in the amount of $6,761,334.80 and four wire transfers in the amount
of $698,094.41
D.Payroll Voucher (Thomas)
Payroll check numbers 539362 through 539369 in the amount of $75,744.10,
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electronic deposit transmissions in the amount of $2,415,764.88 for a grand total of
$2,491,508.98 for the period covering April 28, 2022 to May 11, 2022
E.Setting date for Public Hearing for Ordinance No. 6862 (Gaub)
City Council to set date for Public Hearing for Ordinance 6862 Inland Washington,
LLC Street Payback Agreement #PBK19-0001
F.Setting date for Public Hearing for Ordinance No. 6863 (Gaub)
City Council to set date for Public Hearing for Ordinance 6863 Inland Washington,
LLC Street Payback Agreement #PBK19-0002
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
VIII.UNFINISHED BUSINESS
IX.NEW BUSINESS
X.ORDINANCES
A.Ordinance No. 6858 (Gaub)
An Ordinance granting to MCI Communications Services LLC, a Delaware Limited
Liability Company, a franchise for wireline telecommunications
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6858.)
B.Ordinance No. 6864 (Gaub)
An Ordinance repealing Ordinances 6767, 6777, 6788, and 6802 that provided for a
temporary waiver of late fees for airport and utility accounts, in light of a public health
emergency
(RECOMMENDED ACTION: Move to adopt Ordinance No. 6864.)
XI.RESOLUTIONS
A.Resolution No. 5665 (Backus)
A Resolution authorizing the Mayor to execute an Interlocal Datashare Agreement with
the Department of Social and Health Services.
(RECOMMENDED ACTION: Move to adopt Resolution No. 5665.)
XII.MAYOR AND COUNCILMEMBER REPORT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A.From the Council
B.From the Mayor
XIII.ADJOURNMENT
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
Page 3 of 74
at the City Clerk's Office.
Page 4 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the April 25, 2022 and May 9, 2022 Study Session
Meetings
Date:
May 10, 2022
Department:
City Council
Attachments:
Minutes of the April 25, 2022 Study Session
Meeting
Minutes of the May 9, 2022 Study Session
Meeting
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 16, 2022 Item Number:CA.A
Page 5 of 74
City Council Study Session Finance,
Technology and Economic Development
Special Focus Area
April 25, 2022 - 5:30 PM
City Hall Council Chambers and Virtual
MINUTES
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hours after the meeting has concluded.
I.CALL TO ORDER
Deputy Mayor Jeyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street in Auburn.
II.PUBLIC PARTICIPATION
A.Public Participation
The City Council Meeting was held in person and virtually.
B.Roll Call
Councilmembers present: Deputy Mayor James Jeyaraj, Bob Baggett,
Kate Baldwin, Larry Brown, Robyn Mulenga, Chris Stearns and Yolanda
Trout-Manuel.
Department Directors and staff members present include: City Attorney
Kendra Comeau, Chief of Police Mark Caillier, Director of Parks, Arts and
Recreation Daryl Faber, Director of Public Works Ingrid Gaub, Director of
Administration Dana Hinman, DEI Program Manager Brenda Goodson-
Moore, Director of Human Resources & Risk Management Candis
Martinson, Director of Finance Jamie Thomas, Utility Billing Services
Manager Joan Nelson, Development Services Manager Jason Krum,
Business Systems Analyst Chrissy Malave, Director of Innovation and
Technology David Travis, Right-of-Way Specialist Amber Olds, Economic
Development Manager Jenn Francis and Deputy City Clerk Hannah
Scholl.
III.ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
A.Waste Management 2021 Annual Report (Thomas) (20 Minutes)
Manager Nelson and Waste Management Public Sector Manager Laura
Moser provided Council with the 2021 Annual Waste Management Report
including events, community sponsorships and memberships
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reducing contamination in residential recycling, and the implementation of
the 2021 contract.
Council discussed where to dispose of shredded paper, on truck
camera's, compressed natural gas trucks, bulk pickup service and union
contracts.
IV.AGENDA ITEMS FOR COUNCIL DISCUSSION
A.Presentation on King County Veterans and Human Services Programs at the Auburn
Senior Center (Faber) (20 Minutes)
Director Faber introduced Manager Lozier and Supervisor Hurley. They
provided Council with a presentation on South King County Senior
Centers and Resources including Veterans, Seniors and Human Services
Levy, VSHSL funding, Senior Center Hubs, Resource Navigation
Program, community outreach, site visits, support groups and referrals.
Council discussed resources for Ukrainian Refugees, housing assistance,
clients within the boundary area, homelessness, vouchers, qualifications,
mental health assessments, and inpatient care.
Deputy Mayor Jeyaraj recessed the meeting for 5 minutes at 6:48 p.m. He
reconvened the meeting at 6:52 p.m.
B.Inclusive Auburn Update (Backus) (30 minutes)
Manager Goodson-Moore, Patricia Davis and Linda Poralis provided
Council with an Inclusive Auburn Update including project management,
program structure, equity audit and policy review, program structure,
advisory team, expectations, Racial Equity Toolkit, and final tasks and
reports.
Council discussed the Racial Equity Toolkit process, budgeting decisions,
Police Department training, policy reviews, survey results,
recommendations, tracking equity, frequency of meetings and trainings and
equity dashboard.
C.Preservation Funding Ad Hoc Committee Report and Proposed Strategy
(Gaub/Thomas) (20 Minutes)
Director Gaub and Director Thomas provided Council with an update on
the Pavement Preservation Funding Ad Hoc Committee including arterial
and collector streets and local streets funds, purpose of Ad Hoc
Committee, funding options, funding strategy, potential costs, City utility tax
comparison, and next steps.
Council discussed car tab prices, condition of roads, and funding.
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D.Ordinance No. 6858 (Gaub) (5 Minutes)
Director Gaub introduced Specialist Olds who provided Council with an
overview of Ordinance No. 6858 related to a Franchise Agreement with
MCI Communications Services LLC.
Council discussed the telecommunications service companies.
V.FINANCE, TECHNOLOGY AND ECONOMIC DEVELOPMENT DISCUSSION ITEMS
A.Economic Development Partnership (Tate) (20 Minutes)
Economic Development Manager will present information about the partnerships with
the Downtown Auburn Cooperative, the Auburn Area Connect and the Business
Improvement Area Committee. This is the second of a five-part series from the
Economic Development Division
Chair Baggett chaired this portion of the meeting.
Manager Krum introduced Manager Francis, Downtown Auburn
Cooperative Executive Director Cheryl Rakes, Small Business
Development Center (SBDC) Advisor Taryn Hornby and Auburn Area
Chamber of Commerce President Kacie Bray.
Manager Francis provided Council with an update on Economic
Development Partnerships including the Business Improvement Area
Committee (BIA), downtown area cleanup, Sign Grant Program, upcoming
BIA projects, and the importance of partnerships.
Ms. Rakes provided Council with a presentation on the Downtown Auburn
Cooperative including the purpose, relation to the BIA, upcoming events,
funding, and connections with the community.
Ms. Hornby provided Council with a presentation on the SBDC including
locations, program history, audits, their mission, advising services, training
services, client demographics, and economic impacts.
Ms. Bray provided Council with a presentation on Auburn Area Connect
including economic development, education and workforce, business
advocacy, business retention and recruitment, community outreach,
promotion of the BIA, and connection events.
Council discussed live music events, volunteer qualifications, list of
storefronts, location of SBDC, and the new location of Chamber of
Commerce.
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VI.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 9:03 p.m.
APPROVED this 16th day of May, 2022.
_______________________________ ______________________
JAMES JEYARAJ, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 9 of 74
City Council Study Session PWCD SFA
May 9, 2022 - 5:30 PM
City Hall Council Chambers and Virtual
MINUTES
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hours after the meeting has concluded.
I.CALL TO ORDER
Deputy Mayor Jeyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street in Auburn.
II.PUBLIC PARTICIPATION
A.Public Participation
The Auburn City Council Study Session Meeting was held person and virtually.
B.Roll Call
Councilmembers present: Deputy Mayor James Jeyaraj, Bob Baggett, Larry
Brown, Robyn Mulenga, Chris Stearns and Yolanda Trout-Manuel.
Councilmember Baldwin arrived at 5:34 pm
Department directors and staff members present include: City Attorney Kendra
Comeau, Chief of Police Mark Caillier, Director of Public Works Ingrid Gaub,
Community Development Director Jeff Tate, Community Services Manager Joy
Scott, Senior Traffic Engineer James Webb, Assistant Director of Engineering
Services/City Engineer Jacob Sweeting, Director of Innovation and Technology
David Travis, Business Systems Analyst Chrissy Malave, and City Clerk Shawn
Campbell.
III.ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
There were no announcements, reports or presentations.
IV.AGENDA ITEMS FOR COUNCIL DISCUSSION
A.Community Development Block Grant 2021 CAPER (Tate) (20 Minutes)
An overview of the 2021 City of Auburn CDBG Consolidated Annual Performance and
Evaluation Report, including CDBG and CDBG-CV funds spent and progress made
toward Annual Action Plan service goals
Manager Scott provided Council with a presentation on the Community
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Development Block Grant (CDGB) for 2021. She reviewed the
differences between the general funds, CDBG Funds and CDBG-CV
Funds, the Consolidated Annual Performance and Evaluation Reports
(CAPER) requirements, CDBG Administrative Requirements, examples
of eligible activities for CDBG Funds, examples of eligible activities for
CDBG-CV Funds, what CDBG Funds supported in 2021, what CDBG-
CV Funds supported in 2021, people who were served by CDBG Funds,
income level of residents served, race and ethnicity of residents served,
facts about the residents type of repair by the housing repair program.
Council discussed the demographic breakdown of the residents served
and the demographic makeup of the Community, the meals provided
during COVID, job training and job placement programs, and CDBG-CV
and CDGB fund carryover.
V.PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
A.Ordinance No. 6864 (Gaub) (10 Minutes)
An Ordinance repealing Ordinances 6767, 6777, 6788, and 6802 that provided for a
temporary waiver of late fees for airport and utility accounts in light of a public health
emergency
Councilmember Stearns Chaired this portion of the meeting.
Director Gaub explained the City passed legislation to waive late fees for
bills due at the Auburn Municipal Airport during COVID. She described
the purpose of rescinding the ordinances at this time and when the City will
begin assessing late fees again.
B.2023-2028 Transportation Improvement Program Annual Update and 2023
Transportation Impact Fee Update (Gaub) (20 Minutes)
Senior Traffic Engineer James Webb provide Council with the 2023-2028
Transportation Improvement Program (TIP). He provided the updates to
the TIP, grant programs added to the TIP in 2022, other projects that have
been added, and the proposed 2023 Traffic Impact Fee increase.
Council discussed the Per-Trip Fee, sidewalks on Riverwalk, other impact
fees, correlating projects, the A Street Loop project, and the ADA sidewalk
project.
VI.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 6:25 p.m.
APPROVED this 16th day of May 2022.
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____________________________ _______________________________
JAMES JEYARAJ, DEPUTY MAYOR Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 12 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 2, 2022 Regular City Council Meeting
Date:
May 10, 2022
Department:
City Council
Attachments:
Minutes of the May 2, 2022 Regular City Council
Meeting
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Background for Motion:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 16, 2022 Item Number:CA.B
Page 13 of 74
City Council Meeting
May 2, 2022 - 7:00 PM
City Hall Council Chambers and Virtual
MINUTES
Watch the meeting LIVE!
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I.CALL TO ORDER
II.PUBLIC PARTICIPATION
1.Public Participation
The City Council Meeting was held in person and virtually.
A.Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West Main Street, and led those
in attendance in the Pledge of Allegiance.
B.Roll Call
Councilmembers present: Deputy Mayor Jeyaraj, Bob Baggett, Kate
Baldwin, Larry Brown, Robyn Mulenga, Chris Stearns, and Yolanda Trout-
Manuel.
Mayor Backus, and the following Department Directors and staff members
attended the meeting: City Attorney Kendra Comeau, Police Chief Mark
Caillier, Innovation and Technical Support Specialist Chrissy Malave,
Director of Innovation and Technology David Travis, Director of Public
Works Ingrid Gaub, Director of Parks, Arts, and Recreation Daryl Faber,
Director of Finance Jamie Thomas, and City Clerk Shawn Campbell.
III.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTAT IONS
A.Mayor Backus made a Land acknowledgment to the
Muckleshoot Indian Tribe
B.Goodwill Ambassadors – Miss Auburn Scholarship Program
Mayor Backus read and proclaimed Carrie Everett, Miss Auburn 2022 and
Alexis Douglas, Miss Auburn’s Outstanding Teen 2022, as Goodwill
Ambassadors in the City of Auburn.
Ms. Douglas and Ms. Everett thanked the Mayor and Council for their
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support.
C.Proclamation - Mental Health Awareness Month
Mayor Backus to proclaim May 2022 as "Mental Health Awareness Month" in the City of
Auburn
Mayor Backus read and proclaimed May as Mental Health Awareness
Month in the City of Auburn.
D.Proclamation - National Peace Officers Memorial Day
Mayor Backus to proclaim May 15, 2022 as "National Peace Officers Memorial Day" in
the City of Auburn
Mayor Backus read and proclaimed May 11-17 as National Police Week
and May 15, 2022 as National Peace Officers Memorial Day in the City of
Auburn.
E.Proclamation - Affordable Housing Week
Mayor Backus to proclaim May 8-14, 2022 as "Affordable Housing Week" in the City of
Auburn
Mayor Backus read and proclaimed the week of May 8-14, 2022 as
Affordable Housing Week in the City of Auburn.
F.Asian American, Native Hawaiian, and Pacific Islander Heritage
Month
Mayor Backus read and proclaimed May as Asian American, Native
Hawaiian and Pacific Islander Heritage month.
IV.APPOINTMENTS
There were no appointments.
V.AGENDA MODIFICATIONS
The Council was provided updated dates for the payroll vouchers prior to
the meeting.
VI.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE
There was no correspondence for Council to review.
A.Public Hearings
1.Public Hearing for MCI Communications Services, LLC
Franchise Agreement No. FRN21-0005 (Gaub)
A Public Hearing to consider Franchise Agreement No. FRN21-0005 for MCI
Communications Services, LLC
Mayor Backus opened the Public Hearing at 7:20 pm. No one came
forward to speak and the hearing was closed.
B.Audience Participation
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This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.The public can participate in-person or submit written
comments in advance.
Victoria Pacho, 12 B Street, Auburn
Ms. Pacho expressed concerns about police violence and racial
equity in the City of Auburn.
Bob Zimmerman, 3029 46th Place South, Auburn
Mr. Zimmerman expressed concerns regarding group think in the City
of Auburn.
C.Correspondence
There was no correspondence for Council to review.
VII.COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.Finance Ad Hoc Committee (Chair Baggett)
Councilmember Baggett, Chair of the Finance ad hoc committee,
reported he and Councilmember Baldwin have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
2.Preservation Funding (Chair Stearns)
Councilmember Stearns reported this committee has completed their
work.
VIII.CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A.Minutes of the April 11, 2022 Study Session Meeting
B.Minutes of the April 18, 2022 Regular City Council Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated May 2, 2022 which includes voucher numbers
467652 through 467796, in the amount of $1,365,795.50 and five wire transfers in the
amount of $704,788.44
Page 3 of 5Page 16 of 74
D.Payroll Voucher (Thomas)
Payroll check numbers 539357 through 539361 in the amount of $559,930.95,
electronic deposit transmissions in the amount of $2,237,148.28 for a grand total of
$2,797,079.23 for the period covering April 14, 2022 to April 17, 2022
E.Increase Contract Amount for American West-Arts and Culture
Center (Faber)
City Council to approve an increase of $100,000.00 in the total maximum authorized
contract amount for Public Works Contract No. 21-17; Construction of Project No.
CP1612 Auburn Arts and Culture Center
Deputy Mayor Jeyaraj moved and Councilmember Baggett seconded to
approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
IX.UNFINISHED BUSINESS
There was no unfinished business.
X.NEW BUSINESS
There was no new business.
XI.RESOLUTIONS
A.Resolution No. 5655 (Gaub)
A Resolution setting a Public Hearing to consider the Vacation of Right-of-Way of a
portion of M Street NW, north of 15th Street NW, together with a portion of 29th Street
NW, east of M Street NW, within the City of Auburn
Deputy Mayor Jeyaraj moved and Councilmember Stearns seconded to
approve Resolution No. 5655.
MOTION CARRIED UNANIMOUSLY. 7-0
B.Resolution No. 5664 (Gaub)
A Resolution authorizing the City to apply for and if awarded, execute, and administer
two grant agreements between the City of Auburn and the Washington State
Department of Transportation relating to Project No. CP2213, Runway and Taxiway
Improvements and RSA Grading
Councilmember Stearns moved and Councilmember Trout-Manuel
seconded to approve Resolution No. 5664.
MOTION CARRIED UNANIMOUSLY. 7-0
XII.MAYOR AND COUNCILMEMBER REPORT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
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A.From the Council
Deputy Mayor Jeyaraj noted other jurisdictions are adopting the City of
Auburn's philosophy on homelessness.
Councilmember Stearns reported he attended the opening of the new
channels in the Green River and a memorial ceremony for the Fall of
Saigon.
Councilmember Baggett reported he will be attending the Pierce County
Cities Law Enforcement memorial
Councilmember Trout-Manuel reported she attended the HELO Board
Meeting and the Children and Youth Advisory Board Meeting.
Councilmember Brown noted President Biden used the City of Auburn
Municipal airport for his visit to Auburn.
B.From the Mayor
Mayor Backus reported she participated in Arbor Day activities, a ground
breaking for Divine Court, an anti-homelessness summit, President Biden's
visit to Green River College, Washington to Washington DC Conference,
Empty Bowls fundraiser and a tour at the White River Valley Museum. She
thanked retired Fire Deputy Chief Dave Larberg for his service to the
Community.
XIII.ADJOURNMENT
There being no further business to come before the Council, the meeting
was adjourned at 7:52 p.m.
APPROVED this 16th day of May, 2022.
____________________________ ____________________________
NANCY BACKUS, MAYOR Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 18 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
May 10, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated May 16, 2022 which includes voucher numbers 467797 through
468006, in the amount of $6,761,334.80 and four wire transfers in the amount of
$698,094.41.
Reviewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:May 16, 2022 Item Number:CA.C
Page 19 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
May 10, 2022
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539362 through 539369 in the amount of $75,744.10, electronic
deposit transmissions in the amount of $2,415,764.88 for a grand total of $2,491,508.98 for
the period covering April 28, 2022 to May 11, 2022.
Reviewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:May 16, 2022 Item Number:CA.D
Page 20 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting date for Public Hearing for Ordinance No. 6862 (Gaub)
Date:
May 10, 2022
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council set the date of the Public Hearing for Inland Washington, LLC Street Payback
Agreement #PBK19-0001 as June 21, 2022, at 7:00 pm.
Background for Motion:
Background Summary:
Inland Washington, LLC has constructed half street improvements along D Street NE
between Auburn Way North and 49th Street NE to mitigate the traffic impact of their
development. This improvement benefits other properties and is eligible for a Payback
Agreement. The Agreement would provide reimbursement to the developer when those
benefitted properties benefit from the improvement, as they develop or redevelop.
Auburn City Code 3.25.080 requires the City to conduct a public hearing to consider an
ordinance approving the payback agreement, to notify all property owners within the proposed
reimbursement assessment area of the public hearing, and to allow them time to comment on
the proposed agreement.
Staff will present further background and information at the Council Study Session on June
13, 2022 prior to the hearing.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:May 16, 2022 Item Number:CA.E
Page 21 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting date for Public Hearing for Ordinance No. 6863 (Gaub)
Date:
May 10, 2022
Department:
Public Works
Attachments:
No Attachments Available
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council set the date of the Public Hearing for Inland Washington, LLC Street Payback
Agreement #PBK19-0002 as June 21, 2022, at 7:00 pm.
Background for Motion:
Background Summary:
Inland Washington, LLC has constructed a traffic signal at the intersection of Auburn Way
North and 49th Street NE to mitigate the traffic impact of their development. This
improvement benefits other properties and is eligible for a Payback Agreement. The
Agreement would provide reimbursement to the developer when those benefitted properties
benefit from the improvement, as they develop or redevelop.
Auburn City Code 3.25.080 requires the City to conduct a public hearing to consider an
ordinance approving the payback agreement, to notify all property owners within the proposed
reimbursement assessment area of the public hearing, and to allow them time to comment on
the proposed agreement.
Staff will present further background and information at the Council Study Session on June
13, 2022 prior to the hearing.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:May 16, 2022 Item Number:CA.F
Page 22 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6858 (Gaub)
Date:
May 5, 2022
Department:
Public Works
Attachments:
Ordinance No. 6858
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6858.
Background for Motion:
This Ordinance allows MCI Communications Services, LLC to continue to operate their
existing fiber optic telecommunications facilities located in the public way under a new
franchise agreement as their current franchise agreement is set to expire in the near future.
MCI Communications Services, LLC currently provides interexchange services and long
distance services to consumer and business customers from the existing facilities.
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any telecommunications
carrier or operator to use public ways of the City and to provide telecommunications services
to any person or areas inside or outside of the City.
MCI Communications Services, LLC has applied for a new franchise agreement to continue
to operate their existing fiber optic telecommunications facilities located in the public way in
seven east/west road crossings of the Union Pacific Rail Road property that runs north/south
through the City, and various locations in the public way in downtown Auburn as their current
franchise agreement is set to expire in the near future. MCI Communications Services, LLC
currently provides interexchange services and long distance services to consumer and
business customers from the existing facilities.
The proposed agreement is consistent with the City’s standard franchise agreement language
and requires that any repairs, upgrades and improvements to the existing facilities are
permitted and managed through the City’s permitting processes. The proposed agreement
would be valid for a term of 15 years.
A staff presentation was given at the April 25, 2022 Study Session discussing Draft
Ordinance No. 6858. A Public Hearing to consider this application and hear public comment
was held before the City Council on May 2, 2022, in accordance with Auburn City Code
20.04.040.
Ordinance No. 6858 authorizes Franchise Agreement No. FRN21-0005 with MCI
Page 23 of 74
Communications Services, LLC subject to the terms and conditions outlined in the Ordinance.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:May 16, 2022 Item Number:ORD.A
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 1 of 18
ORDINANCE NO. 6858
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
MCI COMMUNICATIONS SERVICES LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR WIRELINE
TELECOMMUNICATIONS.
WHEREAS, MCI Communications Services LLC (“Franchisee”) has applied
for a non-exclusive Franchise for the right of entry, use, and occupation of certain
public ways within the City of Auburn (“City”), expressly to install, construct, erect,
operate, maintain, repair, relocate and remove its facilities in, on, over, under,
along and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a public hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City to grant the franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this agreement and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with Auburn City Code
20.02.020. In addition, the following definitions apply:
A. “ACC” means the Auburn City Code.
B. “Franchise Area” means the public ways as specified in Exhibit “A”.
Franchise Area does not include private property located outside of the public way
which the Franchisee may utilize, lease, or otherwise use for placement of
Franchisee Facilities with authorization of other permissions from third parties, and
including any necessary permits from any regulatory authority.
C. “Franchisee’s Facilities” means any and all communications
transmissions and distribution systems constructed and operated within the
Franchise Area including, without limitation, all cables, wires, conduits, ducts,
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 2 of 18
pedestals, and any associated equipment or other items necessary for
Telecommunications Services, as defined in Chapter 35.99.010(7) RCW, that are
located in the Franchise Area whether above or below ground.
Franchisee’s Facilities do not include facilities used to provide wireless services,
including antennas or other equipment, appliances, attachments and
appurtenances associated with wireless telecommunications facilities.
Franchisee’s facilities do not include small wireless facilities, microcell, minor
facility, or small cell facilities, as defined in Chapter 80.36.375 RCW. Franchisee’s
facilities do not include any facilities that are not located within the Franchise Area
or that are covered under a separate Franchise Agreement or agreement.
D. “Franchisee’s Services” means any telecommunications service,
telecommunications capacity, leasing of dark fiber, offered by the Franchisee using
its Facilities in the Franchise Area, to affiliates and third parties, including, but not
limited to, the transmission of voice, data or other electronic information, or other
subsequently developed technology that carries a signal over cable. Franchisee’s
Services offered may also include non-switched, dedicated and private line, high
capacity fiber optic transmission services to firms, businesses or institutions within
the Franchise Area, mobile fronthaul and backhaul services, and other lawful
services not prohibited by this Ordinance. However, Franchisee’s Services will not
include the provision of “cable services”, as defined by 47 U.S.C. §522, as
amended, for which a separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Agreement, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area specified in Exhibit “A”, attached hereto and incorporated by
reference. Franchisee may locate the Franchisee’s Facilities within the Franchise
Area subject to all applicable laws, regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 3 of 18
Area, for any purpose that does not interfere with Franchisee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Franchisee acknowledges its use of the Franchise Area shall have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City shall reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Agreement, except in case of emergency notification.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 4 of 18
Franchisee: MCI Communications Services LLC
Attn: Franchise Manager
600 Hidden Ridge
Irving, TX 75038
972-457-8337
with a copy to: Verizon Legal Department
Attn: Network Legal Team
1300 I Street, NW
5th Floor
Washington, DC 20005
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Agreement.
C. The local contact can be reached at 425-301-8367 or
jared.harris@verizon.com during normal business hours. Franchisee will notify the
City within five business days of any changes to the local contact information. The
City may contact Franchisee at the following number for emergency or other needs
outside of normal business hours of the Franchisee: 1-800-624-9675.
Section 4. Term of Agreement
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Agreement.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the “Franchise
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 5 of 18
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 28 of this Agreement, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the city the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within 24 hours, the City may, at its sole discretion, remove
such debris and charge the Franchisee for the cost thereof. This section does not,
in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require other permits as necessary from the City.
Section 7. Trench Repair for Street Restorations
A. At any time during the term of this Franchise, if a Franchisee Facility
or trench within the Franchise Area causes a street to crack, settle, or otherwise
fail, the City will notify Franchisee of the deficiency and Franchisee agrees to
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 6 of 18
restore the deficiency and repair the damage within thirty (30) days of written notice
by the City.
B. For purposes of the Section, “street” shall mean all City owned
improvements within a public way, including, but is not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices.
Section 8. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances. The Franchisee
will notify the City telephonically during normal business hours (at 253-931-3010)
and during non-business hours (at 253-876-1985) as promptly as possible, before
such repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Franchisee’s emergency contact
phone number for corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City’s actual cost of
performing emergency response work.
Section 9. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe conditions, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Section 10. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances or tangible property, then the
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 7 of 18
Franchisee’s Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 11 and
Chapter 35.99 RCW.
B. Franchisee will maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 15, Franchisee agrees to protect and save
harmless the City from any customer or third-party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 8 of 18
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s data base system, including
the City’s Geographic Information System (GIS) data base. Franchisee will keep
the City informed of its long-range plans for coordination with the City’s long-range
plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 15. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, or liabilities of any nature, which arises out of or in connection with the
Franchisee’s performance, non-performance or default under this Franchise, ,
except to the extent such costs, claims, injuries, damages, losses, suits or liabilities
are caused by the sole or contributory negligence of the City.
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 9 of 18
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 Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee’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.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of,
the City within the Franchise Area or any other City road, public way, or other
property, except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 15 (A), the Franchisee will indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City’s failure or inability to provide such services.
Section 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Agreement and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Agreement and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Agreement shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 10 of 18
C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as
broad as ISO occurrence form CG 00 01 or its equivalent and shall cover
liability arising from premises, operations, stop gap liability, independent
contractors, products-completed operations, personal injury and advertising
injury, and liability assumed under an insured contract. There shall be no
exclusion for liability arising from explosion, collapse or underground
property damage. The City shall be included as an additional insured under
the Franchisee’s Commercial General Liability insurance policy with respect
this Franchise Agreement using ISO endorsement CG 20 12 05 09 or its
equivalent if the franchise agreement is considered a master permit as
defined by RCW 35.99.010, or CG 20 26 07 04 if it is not, or substitute
endorsement providing at least as broad coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be at least as broad as
Insurance Services Office (ISO) form CA 00 01 or its equivalent.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise Agreement covering losses caused by
pollution conditions that arise from the operations of the Franchisee.
Contractors Pollution Liability shall cover bodily injury, property damage,
cleanup costs and defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee’s Commercial General
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee’s Excess or Umbrella Liability
insurance policy.
D. Minimum Insurance Amounts. The Franchisee shall maintain the
following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 11 of 18
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 each
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer’s liability
insurance with limits of not less than $1,000,000.00 each
accident/disease/policy limit.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
G. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Agreement. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Agreement and evidence of all subcontractors’
coverage.
H. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, except the
Franchisee shall have sole responsibility for determining the limits of coverage
required to be obtained by Subcontractors. The Franchisee shall ensure that the
City is an additional insured on each and every Subcontractor’s Commercial
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 12 of 18
General liability insurance policy using an endorsement as least as broad as ISO
form CG 20 26 or equivalent.
I. Notice of Cancellation. Upon receipt of notice from its insurer(s)
Franchisee shall provide the City with thirty (30) days’ prior written notice of any
policy cancellation.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of
Agreement, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Agreement.
K. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise Agreement, Franchisee or its affiliated
parent entity shall comply with the following: (i) provide the City, upon request, a
copy of Franchisee’s or its parent company’s most recent audited financial
statements, if such financial statements are not otherwise publicly available; (ii)
Franchisee or its parent company is responsible for all payments within the self-
insured retention; and (iii) Franchisee assumes all defense and indemnity
obligations as outlined in Section 15.
Section 17. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 20 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 18. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
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Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 13 of 18
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which consent shall not
be unreasonably withheld, conditioned or delayed.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Section 19. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Agreement, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Agreement. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Agreement, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Page 37 of 74
------------------------------
Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 14 of 18
Section 20. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this agreement,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Franchisee’s submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or the Franchisee does not comply with the
specified conditions, the City may, at its discretion, either (1) revoke the Franchise
with no further notification, or (2) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 17 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee makes a written call for
Page 38 of 74
------------------------------
Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 15 of 18
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event will
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 24. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 26. Implementation.
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Agreement
This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
Page 39 of 74
------------------------------
Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 16 of 18
previous Agreements between the parties pertaining to Franchisee's operation of
its Facilities are hereby superseded.
Section 28. Effective date.
This Ordinance will take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM
___________________________ ________________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
PUBLISHED: ________________
Page 40 of 74
------------------------------
Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 17 of 18
EXHIBIT “A”
Franchise Area
MCI Communications Services LLC fiber optics communications trunkline in a
three inch (3”) pipe conduit in the Union Pacific Rail Road property that runs
north/south through the City and occupies 460 +/- linear feet of City public way
through seven east/west road crossings pursuant to City of Auburn Public Way
Agreement No 96-07. The specific crossing locations that make up the
Franchise Area are adjacent to the Union Pacific Rail line and are as follows:
1. Crossing at S 277th Street, 60 feet.
2. Crossing S 285th Street (aka 44th Street NW), 50 feet.
3. Crossing 37th Street NW, 60 feet.
4. Crossing 29th Street NW, 50 feet.
5. Crossing 15th St NW, 80 feet.
6. Crossing West Main Street, 60 feet.
7. Crossing 15th Street SW, 100 feet.
Together with;
MCI Communications Services LLC fiber optics communications in downtown
Auburn from the Burlington Northern Rail Road property that runs north/south
through the City of Auburn to 10 Second Street SE in the below listed streets
pursuant to City of Auburn public Way Agreement No. 08-03 and per MCI
Communications Services Inc. Capital Project #048448-001 As-Built Plans dated
July 16, 2008:
1. West Main Street between BNSF Rail Road and B St SW
2. B Street SW between West Main Street and Alley
3. Alley south of West Main Street between B St SW and A St SW
4. A Street SW between Alley and 3rd St SW
5. 2nd Street SW between A St SW and A St SE
6. S Division Street between 2nd St SW and 3rd St SW
7. Alley south of 2nd Street SW between S Division Street and A Street SW
Page 41 of 74
------------------------------
Ordinance No. 6858
Franchise Agreement No. FRN21-0005
March 25, 2022
Page 18 of 18
EXHIBIT “B”
STATEMENT OF ACCEPTANCE
MCI Communications Services LLC, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
MCI Communications Services LLC
600 Hidden Ridge, 2nd Fl
Irving, TX 75038
By: Date:
Name: Dina Dye
Title: Senior Manager – Network Regulatory/Real Estate
STATE OF TEXAS )
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2022, before me the undersigned, a
Notary Public in and for the State of __________, duly commissioned and sworn,
personally appeared, __________________ of _________, the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
___________, residing at
MY COMMISSION EXPIRES:
Page 42 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6864 (Gaub)
Date:
May 9, 2022
Department:
Public Works
Attachments:
Ordinance No. 6864
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6864.
Background for Motion:
This Ordinance will remove the late fee waiver on airport fees as the Governor’s past actions
in 2021 have already removed the late fee waiver related to utility accounts. The waiver of
these fees is no longer necessary to address the negative impacts of the pandemic.
Background Summary:
Ordinance No. 6864 repeals four past ordinances that were enacted to allow for a temporary
waiver of late fees for City utility and airport accounts during the COVID-19 pandemic to ease
the negative impact on low-wage workers, individuals on fixed incomes, non-profit
organizations and small businesses and to reduce the frequency of in-person bill payment
during the emergency. The waiver of late fees was implemented until the earlier of the
termination of the Mayor’s emergency proclamation or the termination of the Governor’s
Proclamation 20-23. Under the Governor’s proclamations, the waiver of late fees on utility
accounts was terminated in September of 2021 however, the City’s waiver on airport late fees
continued. At this time, staff have determined that the waiver of late fees for airport accounts
is no longer necessary.
Reviewed by Council Committees:
Councilmember:Stearns Staff:Gaub
Meeting Date:May 16, 2022 Item Number:ORD.B
Page 43 of 74
--------------------------------
Ordinance No. 6864
May 3, 2022
Page 1 of 3 Rev. 2020
ORDINANCE NO. 6864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, REPEALING ORDINANCES
6767, 6777, 6788 AND 6802 THAT PROVIDED FOR A
TEMPORARY WAIVER OF LATE FEES FOR AIRPORT AND
UTILITY ACCOUNTS, IN LIGHT OF A PUBLIC HEALTH
EMERGENCY.
WHEREAS, in 2020, the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency because of COVID- 19 and the
Washington Governor declared a State of Emergency due to new cases of COVID-19;
and
WHEREAS, temporarily waiving the charging of late fees on delinquent bill
balances for utility bills and airport fees, was necessary in Auburn both to help ease the
negative impact on low-wage workers, individuals on fixed incomes, non-profit
organizations and small businesses and to reduce the frequency of in-person bill
payment during the emergency; and
WHEREAS, as part of its continued efforts to respond to the emergency and
provide assistance to its customers, the City determined it was appropriate to temporarily
waive imposition or collection of late fees and penalties assessed against users of the
City' s utility systems and municipal airport by adopting Auburn Ordinances 6767, 6777,
6788, and 6802; and
WHEREAS, Auburn Ordinance 6802, adopted by the City Council on October 19,
2020, waived the imposition and collection of late fees assessed against users of the City
of Auburn' s utility systems and municipal airport until the earlier of: a) termination of the
Page 44 of 74
--------------------------------
Ordinance No. 6864
May 3, 2022
Page 2 of 3 Rev. 2020
civil emergency proclaimed by the Mayor on March 5, 2020; or (b) the fourteenth (14th)
day after termination or expiration of Governor’s Proclamation 20-23; and
WHEREAS, Governor’s Proclamation 20-23 has been superseded by several
proclamations through 20-23.16, which terminated the waiver of late fees applicable to
utility accounts in September of 2021; and
WHEREAS, the remaining provision of Auburn Ordinance 6802 addresses Auburn
Airport accounts and the City has determined the waiver of late fees for Airport accounts
is no longer necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Repeal. The Auburn City Council repeals Auburn Ordinance 6802,
in addition to Auburn Ordinances 6767, 6777, and 6788 to the extent that any provisions
remained, which superseded certain sections of Auburn City Code.
Section 2. Affected City Code Sections. All sections or subsections of the
ACC that authorize or require the collection of late fees and penalties on delinquent airport
fees will be enforced beginning June 1, 2022 in accordance with chapter 12.56 ACC.
Section 3. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this Ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 45 of 74
--------------------------------
Ordinance No. 6864
May 3, 2022
Page 3 of 3 Rev. 2020
Section 5. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: ___________________
PASSED: _______________________
APPROVED: _____________________
CITY OF AUBURN
_______________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Published: ____________________
Page 46 of 74
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5665 (Backus)
Date:
April 27, 2022
Department:
Administration
Attachments:
Resolution No. 5665
Previous ILA
2022 ILA
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to adopt Resolution No. 5665.
Background for Motion:
The Interlocal Agreement between the City of Auburn and Department of Social and Health
Services will allow for completion of applications to provide assistance to clients that are in
need of access to food assistance and other social services assistance provided by the
state.
Background Summary:
The reason for the Interlocal Agreement between the City of Auburn and King County
Coordinated Entry is to access the Homelessness Management Information System. This
allows for the City to have access to services and funding through King County and provides
a coordinated effort through data collection to keep accurate numbers of people utilizing
these services in the system.
Reviewed by Council Committees:
Councilmember:Mulenga Staff:Backus
Meeting Date:May 16, 2022 Item Number:RES.A
Page 47 of 74
--------------------------------
Resolution No. 5665
April 20, 2022
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5665
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL DATASHARE AGREEMENT
WITH THE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES
WHEREAS, individuals within the City of Auburn are experiencing homelessness, and
desire available governmental resources to assist them with their housing challenges and economic
needs;
WHEREAS, the novel coronavirus and its impacts to the local economy are likely to create
greater housing and economic needs;
WHEREAS, the City previously entered into an Interlocal Datashare Agreement with the
Department of Social and Health Services (“DSHS”), which allowed City staff to assist individuals
in completing online applications to access available federal, state, and local services through the
Washington connection benefit portal and carry out other activities designed to help them maintain
eligibility; and,
WHEREAS, the Interlocal Datashare Agreement is set to expire on May 31, 2022; and
WHEREAS, the City would like to enter into another Datashare Agreement in order to
continue providing these services to those in need; and
WHEREAS, there is no additional cost to the City in joining the Interlocal Datashare
Agreement with DSHS.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute the Interlocal Datashare with DSHS,
which agreement will be in substantial conformity with the agreement attached as Exhibit A.
Page 48 of 74
--------------------------------
Resolution No. 5665
April 20, 2022
Page 2 of 2 Rev. 2020
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Kendra Comeau, City Attorney
Page 49 of 74
Page 50 of 74
DSHS Central Contract Services 3067DS-91 Washington Connection DS Interlocal (5-6-2020) Page 1
INTERLOCAL DATASHARE
AGREEMENT
Washington Connection
DSHS Agreement Number: 2291-42352
This Agreement is by and between the State of Washington Department of Social and Health Services (DSHS) and the Contractor identified below, and is issued pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW.
Program Contract Number: Contractor Contract Number:
CONTRACTOR NAME City of Auburn
CONTRACTOR doing business as (DBA)
CONTRACTOR ADDRESS 25 W Main St Auburn, WA 98002
WASHINGTON UNIFORM BUSINESS IDENTIFIER (UBI) 171-000-010
DSHS INDEX NUMBER 22473
CONTRACTOR CONTACT Kent Hay
CONTRACTOR TELEPHONE (253) 294-6429
CONTRACTOR FAX
CONTRACTOR E-MAIL ADDRESS khay@auburnwa.gov
DSHS ADMINISTRATION Economic Services Administration
DSHS DIVISION Community Services Division
DSHS CONTRACT CODE 3067DS-91
DSHS CONTACT NAME AND TITLE Jessica Gempler
Program Administrator
DSHS CONTACT ADDRESS 712 SE Pear St
Olympia, WA 98504
DSHS CONTACT TELEPHONE (509)655-0117
DSHS CONTACT FAX Click here to enter text.
DSHS CONTACT E-MAIL ADDRESS Jessica.gempler@dshs.wa.gov
IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? No
CFDA NUMBER(S)
AGREEMENT START DATE 06/01/2022
AGREEMENT END DATE 05/31/2024
MAXIMUM AGREEMENT AMOUNT No Payment
EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: Data Security: Exhibit A – Data Security Requirements
Exhibits (specify):
The terms and conditions of this Agreement are an integration and representation of the final, entire and exclusive
understanding between the parties superseding and merging all previous agreements, writings, and communications, oral or otherwise regarding the subject matter of this Agreement, between the parties. The parties signing below represent
they have read and understand this Agreement, and have the authority to execute this Agreement. This Agreement shall be binding on DSHS only upon signature by DSHS.
CONTRACTOR SIGNATURE
PRINTED NAME AND TITLE
DATE SIGNED
DSHS SIGNATURE
PRINTED NAME AND TITLE Alice Hildebrant, Contracts Officer DSHS/ESA/Community Services Division
DATE SIGNED
Page 51 of 74
DSHS General Terms and Conditions
DSHS Central Contract Services 3067DS-91 Washington Connection DS Interlocal (5-6-2020) Page 2
1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions:
a. “Central Contracts and Legal Services” means the DSHS central headquarters contracting office, or successor section or office.
b. “Confidential Information” or “Data” means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information.
c. “Contract” or “Agreement” means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. The parties may execute this contract in multiple counterparts, each of which is deemed an original and all of which constitute only one agreement. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original.
d. “CCLS Chief” means the manager, or successor, of Central Contracts and Legal Services or
successor section or office.
e. “Contractor” means the individual or entity performing services pursuant to this Contract and includes the Contractor’s owners, members, officers, directors, partners, employees, and/or agents,
unless otherwise stated in this Contract. For purposes of any permitted Subcontract, “Contractor” includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents.
f. “Debarment” means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds.
g. “DSHS” or the “Department” means the state of Washington Department of Social and Health Services and its employees and authorized agents.
h. “Encrypt” means to encode Confidential Information into a format that can only be read by those possessing a “key;” a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available.
i. “Personal Information” means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of
governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers.
j. “Physically Secure” means that access is restricted through physical means to authorized
individuals only.
k. “Program Agreement” means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment
to be made by DSHS.
l. “RCW” means the Revised Code of Washington. All references in this Contract to RCW chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/.
Page 52 of 74
DSHS General Terms and Conditions
DSHS Central Contract Services 3067DS-91 Washington Connection DS Interlocal (5-6-2020) Page 3
m. “Regulation” means any federal, state, or local regulation, rule, or ordinance.
n. “Secured Area” means an area to which only authorized representatives of the entity possessing
the Confidential Information have access. Secured Areas may include buildings, rooms or locked storage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel.
o. “Subcontract” means any separate agreement or contract between the Contractor and an individual or entity (“Subcontractor”) to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract.
p. “Tracking” means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information.
q. “Trusted Systems” include only the following methods of physical delivery: (1) hand-delivery by a person authorized to have access to the Confidential Information with written acknowledgement of
receipt; (2) United States Postal Service (“USPS”) first class mail, or USPS delivery services that include Tracking, such as Certified Mail, Express Mail or Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the
Washington State Campus mail system. For electronic transmission, the Washington State Governmental Network (SGN) is a Trusted System for communications within that Network.
r. “WAC” means the Washington Administrative Code. All references in this Contract to WAC
chapters or sections shall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/.
2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment.
3. Assignment. The Contractor shall not assign this Contract or any Program Agreement to a third party
without the prior written consent of DSHS.
4. Billing Limitations.
a. DSHS shall pay the Contractor only for authorized services provided in accordance with this Contract.
b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed.
c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services.
5. Compliance with Applicable Law and Washington State Requirements.
a. Applicable Law. At all times during the term of this Contract, the Contractor shall comply with all applicable federal, state, and local laws and regulations, including but not limited to,
nondiscrimination laws and regulations.
b. Certification Regarding COVID-19 Vaccination Requirements. Contractor shall abide by the
vaccination requirements of Governor Jay Inslee’s Proclamation 21-14 and all subsequent
Page 53 of 74
DSHS General Terms and Conditions
DSHS Central Contract Services 3067DS-91 Washington Connection DS Interlocal (5-6-2020) Page 4
amendments. After October 18, 2021 Contractor Staff who are reasonably likely or contractually obligated to engage in work while physically present at a building, facility, jobsite, project site, unit,
or other defined area owned, leased, occupied by, or controlled by a State Agency, an operator of an Educational Setting, or an operator of a Health Care Setting as defined in the Proclamation must be fully vaccinated against COVID-19 unless they have been granted a valid disability or religious accommodation by Contractor. Contractor shall obtain a copy of, or visually observe proof of full vaccination against COVID-19 for all Staff who are subject to the vaccination requirement in the Governor’s Order. Contractor shall follow the requirements for granting disability and religious accommodations to Contractor’s Staff that apply to State Agencies under the Governor’s Order. Contractor and Contractor Staff shall provide proof of such vaccination or accommodation upon request by DSHS. Contractor shall cooperate with any investigation or inquiry DSHS makes into the employer’s compliance with these requirements, including by providing information and records upon request, except any information or records that the employer is prohibited by law from
disclosing.
c. Certification Regarding Russian Government Contracts and/or Investments. Contractor shall abide by the requirements of Governor Jay Inslee’s Directive 22-03 and all subsequent
amendments. The Contractor, by signature to this Contract, certifies that the Contractor is not presently an agency of the Russian government, an entity which is Russian-state owned to any extent, or an entity sanctioned by the United States government in response to Russia’s invasion of
Ukraine. The Contractor also agrees to include the above certification in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor does not comply with this certification. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor does not comply with this certification during the term hereof.
6. Confidentiality.
a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor’s performance of the services contemplated hereunder, except:
(1) as provided by law; or,
(2) in the case of Personal Information, with the prior written consent of the person or personal
representative of the person who is the subject of the Personal Information.
b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by:
(1) Allowing access only to staff that have an authorized business requirement to view the
Confidential Information.
(2) Physically Securing any computers, documents, or other media containing the Confidential Information.
(3) Ensure the security of Confidential Information transmitted via fax (facsimile) by:
(a) Verifying the recipient phone number to prevent accidental transmittal of Confidential Information to unauthorized persons.
Page 54 of 74
DSHS General Terms and Conditions
DSHS Central Contract Services 3067DS-91 Washington Connection DS Interlocal (5-6-2020) Page 5
(b) Communicating with the intended recipient before transmission to ensure that the fax will be received only by an authorized person.
(c) Verifying after transmittal that the fax was received by the intended recipient.
(4) When transporting six (6) or more records containing Confidential Information, outside a Secured Area, do one or more of the following as appropriate:
(a) Use a Trusted System.
(b) Encrypt the Confidential Information, including:
i. Encrypting email and/or email attachments which contain the Confidential Information. ii. Encrypting Confidential Information when it is stored on portable devices or media, including but not limited to laptop computers and flash memory devices.
Note: If the DSHS Data Security Requirements Exhibit is attached to this contract, this item, 6.b.(4), is superseded by the language contained in the Exhibit.
(5) Send paper documents containing Confidential Information via a Trusted System.
(6) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract.
c. Upon request by DSHS, at the end of the Contract term, or when no longer needed, Confidential
Information shall be returned to DSHS or Contractor shall certify in writing that they employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract.
d. Paper documents with Confidential Information may be recycled through a contracted firm, provided the contract with the recycler specifies that the confidentiality of information will be protected, and the information destroyed through the recycling process. Paper documents containing Confidential Information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration.
e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of Confidential Information must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS.
7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes
Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof.
8. E-Signature and Records. An electronic signature or electronic record of this Contract or any other
ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract or such other ancillary agreement for all purposes.
9. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the
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laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County.
10. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herself out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee.
11. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor’s place of business, Contractor’s records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor’s performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years
following this Contract’s termination or expiration.
12. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein. The records include, but are not limited to, accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract.
Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
13. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict.
14. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect.
15. Survivability. The terms and conditions contained in this Contract or any Program Agreement which,
by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property.
16. Contract Renegotiation, Suspension, or Termination Due to Change in Funding.
If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, after the effective date of this contract but prior to the normal completion of this Contract or Program Agreement:
a. At DSHS’s discretion, the Contract or Program Agreement may be renegotiated under the revised funding conditions.
b. At DSHS’s discretion, DSHS may give notice to Contractor to suspend performance when DSHS
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determines that there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Contractor’s performance to be resumed prior to the normal completion
date of this contract.
(1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance.
(2) When DSHS determines that the funding insufficiency is resolved, it will give Contractor written notice to resume performance. Upon the receipt of this notice, Contractor will provide written notice to DSHS informing DSHS whether it can resume performance and, if so, the date of resumption. For purposes of this subsubsection, “written notice” may include email.
(3) If the Contractor’s proposed resumption date is not acceptable to DSHS and an acceptable date cannot be negotiated, DSHS may terminate the contract by giving written notice to Contractor. The parties agree that the Contract will be terminated retroactive to the date of the notice of suspension. DSHS shall be liable only for payment in accordance with the terms of this
Contract for services rendered prior to the retroactive date of termination.
c. DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS shall be liable
only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination. No penalty shall accrue to DSHS in the event the termination option in this section is exercised.
17. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the CCLS Chief or designee has the authority to waive any term or condition of this Contract on behalf of DSHS.
Additional General Terms and Conditions – Interlocal Agreements:
18. Disputes. Both DSHS and the Contractor (“Parties”) agree to work in good faith to resolve all conflicts at the lowest level possible. However, if the Parties are not able to promptly and efficiently resolve, through direct informal contact, any dispute concerning the interpretation, application, or implementation of any section of this Agreement, either Party may reduce its description of the dispute in writing, and deliver it to the other Party for consideration. Once received, the assigned managers or designees of each Party will work to informally and amicably resolve the issue within five (5) business
days. If managers or designees are unable to come to a mutually acceptable decision within five (5) business days, they may agree to issue an extension to allow for more time.
If the dispute cannot be resolved by the managers or designees, the issue will be referred through each Agency’s respective operational protocols, to the Secretary of DSHS (“Secretary”) and the Contractor’s Agency Head (“Agency Head”) or their deputies or designated delegates. Both Parties will be responsible for submitting all relevant documentation, along with a short statement as to how they
believe the dispute should be settled, to the Secretary and Agency Head.
Upon receipt of the referral and relevant documentation, the Secretary and Agency Head will confer to consider the potential options of resolution, and to arrive at a decision within fifteen (15) business days. The Secretary and Agency Head may appoint a review team, a facilitator, or both, to assist in the resolution of the dispute. If the Secretary and Agency Head are unable to come to a mutually acceptable decision within fifteen (15) business days, they may agree to issue an extension to allow for more time.
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The final decision will be put in writing, and will be signed by both the Secretary and Agency Head. If the Agreement is active at the time of resolution, the Parties will execute an amendment or change
order to incorporate the final decision into the Agreement. The decision will be final and binding as to the matter reviewed and the dispute shall be settled in accordance with the terms of the decision.
If the Secretary and Agency Head are unable to come to a mutually acceptable decision, the Parties will request intervention by the Governor, per RCW 43.17.330, in which case the governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute.
Both Parties agree that, the existence of a dispute notwithstanding, the Parties will continue without delay to carry out all respective responsibilities under this Agreement that are not affected by the dispute.
19. Hold Harmless.
a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor’s, or any Subcontractor’s, performance
or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS’ performance or failure to
perform this Agreement.
b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees.
20. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be “work made for hire” as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not “work made for hire”; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license.
21. Subrecipients.
a. General. If the Contractor is a subrecipient of federal awards as defined by 2 CFR Part 200 and this Agreement, the Contractor shall:
(1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity;
(2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant
agreements that could have a material effect on each of its federal programs;
(3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards;
(4) Incorporate 2 CFR Part 200, Subpart F audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients;
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(5) Comply with the applicable requirements of 2 CFR Part 200, including any future amendments to 2 CFR Part 200, and any successor or replacement Office of Management and Budget (OMB)
Circular or regulation; and
(6) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non-Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to https://ojp.gov/about/offices/ocr.htm for additional information and access to the aforementioned Federal laws and regulations.)
b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $750,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-specific audit for that fiscal year. Upon completion of each audit, the
Contractor shall:
(1) Submit to the DSHS contact person the data collection form and reporting package specified in 2 CFR Part 200, Subpart F, reports required by the program-specific audit guide (if applicable),
and a copy of any management letters issued by the auditor;
(2) Follow-up and develop corrective action for all audit findings; in accordance with 2 CFR Part 200, Subpart F; prepare a “Summary Schedule of Prior Audit Findings” reporting the status of all
audit findings included in the prior audit's schedule of findings and questioned costs.
c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with 2 CFR Part 200.
22. Termination.
a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party.
b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days’ written notice to the other party.
c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall
only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination.
23. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult
client receiving services from the Contractor has unrestricted access to the client’s personal property. The Contractor shall not interfere with any adult client’s ownership, possession, or use of the client’s property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client’s age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client’s guardian or custodian all of the client’s personal property.
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1. Definitions Specific to Special Terms: The words and phrases listed below, as used in this Contract, shall each have the following definitions:
a. “Applicant(s)” means individuals submitting an application, a renewal or reporting a change for benefits or services.
b. “Assisting Agency” means community or faith based organizations, tribal, city, or county municipalities who provide trained employees or volunteers to help applicants complete and submit online applications through Washington Connection. These agencies must sign a Data Share Agreement with DSHS and each employee and volunteer of the agency with access to Applicant information must complete a DSHS non-disclosure form. Any reference to Assisting Agency includes the Assisting Agency’s employees, agents, officers, subcontractors, third party contractors, volunteers, or directors.
c. “Authorized Representative” means someone designated by the Applicant to talk with DSHS about his/her benefits. This individual is authorized to act on the Applicant’s behalf for eligibility purposes.
d. “Contractor Contact”, referenced on page one of this agreement, means the person who handles the day-to-day duties related to this agreement. This person may or may not be the one who signs this agreement on behalf of the Contractor.
e. “Data” means the information that is exchanged as described by this Agreement that is specifically protected by law which may impose penalties for wrongful disclosure. This includes protected health information under the HIPAA Privacy Rule.
f. “ESA” means Economic Services Administration.
g. “SAW” means SecureAccess Washington. SAW is a single sign-on application gateway created by Washington State's Department of Information Services to access government services accessible via the Internet.
h. “Washington Connection” means the web-based benefit portal that provides access to a broad array of federal, state and local services and benefits to address basic needs.
2. Purpose – To allow an Assisting Agency to help Washington residents complete an online application to provide more effective access to available federal, state and local services through the Washington Connection benefit portal and carry out other activities designed to help them maintain eligibility. This agreement also includes contractors that submit paper applications to DSHS.
3. Statement of Work – The Contractor shall provide the services and staff, and otherwise do all things
necessary for or incidental to the performance of work, as set forth below:
a. The Assisting Agency listed on page one of this Data Share Agreement is the Contractor, and DSHS is the Data Provider in this agreement. In exchange for the receipt of information, the Contractor agrees to abide by the terms and conditions in this agreement.
(1) Anyone at the Contractor agency with access to Data will be required to read and complete a non-disclosure agreement annually. The Contractor must maintain these forms and make them
available for inspection.
(2) When Contractors use Washington Connection for applications, DSHS will work with them to:
(a) Establish access to the DSHS Washington Connection and online application.
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(b) Establish a Washington Connection SAW account with either an Employee or a Supervisor access level:
i. Employee Access allows the individual to view, edit and submit applications when the employee has provided direct access with the application through Washington Connection as part of their work at the Assisting Agency.
ii. Supervisor Access includes all functions of the Employee Access plus the ability to: view, edit and submit all applications associated with employees assigned to the supervisor in the Washington Connection profile; add, modify, and delete employees; reassign applications between employees under the same supervisor, and request a summary page of all application status (submitted or incomplete) associated with the Assisting Agency.
(3) Consent Form and Use Limitation
(a) The Contractor must obtain a Consent form via Washington Connection with an e-signature
from the Applicant before accessing any Applicant Information. The Contractor must keep any written DSHS consent form obtained from the Applicant onsite and provide them for inspection upon request.
i. DSHS and the Contractor may need to share additional information to provide services, but at no time should the Consent be interpreted to:
(A) Designate the Contractor as an “Authorized Representative”
(B) Allow DSHS to share Applicant information not needed for the purposes under this agreement
(C) Allow DSHS to disclose documents or information from the Applicant’s files or records for other purposes outside the scope of this agreement
b. Description of Data
Data is limited to:
(a) application data
(b) defined display of household benefit information available through the Washington Connection query system
c. Data Access or Transfer
(1) If applications are received through Washington Connection and the Applicant has indicated
consent to share application data, a Contractor may view and print applications, reviews and change of circumstances forms saved or submitted through Washington Connection for 90 calendar days from the last activity day. Application statuses, “submitted” or “not submitted”, are also available for 90 calendar days from the last activity day. Contractors submitting paper applications have no ability to view them online.
(2) If the correct client identification number or negative client identification number (includes a
minus sign before the number) is entered into the Washington Connection query system, the successful query will result in the display of the following information for the listed head of
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household if that person is not registered in the Address Confidentiality Program (ACP):
(a) Application Status
A = approved
P = Pending
D = Denied
M = Pending Spenddown (with base period and remaining amount)
(b) Eligibility history (3 month rolling) from DSHS and/or HCA
(c) Benefit amount for cash and food assistance programs only
(d) Number in the household associated with cash, food and medical benefits
(e) Benefit end date for each certification period (cash, food, medical, and childcare)
(f) Child’s name receiving childcare services
(g) Childcare provider name for each child
(h) Copayment amount for each child
(i) Gross earned income
(3) Requirements for Access
(a) Access to Data shall be limited to staff (including employees and volunteers) whose duties
specifically require access to such Data in the performance of their assigned duties. Prior to making Data available to its staff, Contractor shall notify all such staff of the Use and Disclosure requirements.
(b) All staff accessing the data shall sign a Nondisclosure of Confidential Information form, or its replacement, each year and agree to adhere to the use and disclosure requirements. The signed, original form and a regularly updated list of staff with access to the Data shall be maintained by the Contractor and submitted to the Data Provider upon request.
(c) The Contractor must remind staff annually of nondisclosure requirements and make available to DSHS upon request evidence that they have reminded all staff with access to Applicant data of the limitations, use or publishing of data.
(d) The Contractor must immediately notify the DSHS contact person listed on page one when any staff with access to the Data is terminated from employment or when his or her job duties no longer require access to Data.
d. Limitations on Use of Data
If the Data and analyses generated by the Contractor contain Confidential Information about DSHS Applicants, then any and all reports utilizing these Data shall be subject to review and approval by the Data Provider prior to publication in any medium or presentation in any forum.
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4. Data Security
a. Violations of the Nondisclosure provisions of this agreement may result in criminal or civil penalties. Violation is a gross misdemeanor under RCW 74.04.060, punishable by imprisonment of not more than one year and/or a fine not to exceed five thousand dollars. Sanctions also may apply under other state and federal law, including civil and criminal penalties for violations of the HIPAA Privacy and Security rules.
b. The Contractor shall take reasonable precautions to secure against unauthorized physical and electronic access to Applicant Information. Data shall be protected in a manner that prevents unauthorized persons, including the general public, from access by computer, remote terminal, or other means.
c. Contractor shall notify the DSHS contact designated on the contract verbally and in writing of the compromise or suspected compromise of the security or privacy of data within one (1) business day
and to work with DSHS to assess additional steps to be taken. The Contractor shall be responsible to comply with legal requirements, provide notification of clients as needed and for any costs associated mitigating the breach.
5. Insurance.
The Contractor shall at all times comply with the following insurance requirements.
a. Professional Liability Insurance (PL)
If the Contractor provides professional services, either directly or indirectly, the Contractor shall maintain Professional Liability Insurance, including coverage for losses caused by errors and omissions, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000.
b. Evidence of Coverage
The Contractor shall submit Certificates of Insurance to DSHS for each coverage required of the Contractor under the Contract. The Contractor shall submit the Certificates of Coverage to Central Contract Services, Post Office Box 45811, Olympia, Washington 98504-5811, or via email to CCSContractsCounsel@dshs.wa.gov. Each Certificate of Insurance shall be executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in this Contract. The Certificate of Insurance for each required policy shall reference the DSHS Contract Number for the Contract. Material Changes
The insurer shall give DSHS Central Contract Services forty-five (45) days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the insurer shall
give DSHS Central Contract Services 10 days advance notice of cancellation.
c. General
By requiring insurance, the State of Washington and DSHS do not represent that the coverage and
limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor’s liability under the indemnities and reimbursements granted to the
State and DSHS in this Contract. All insurance provided in compliance with this Contract shall be
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primary as to any other insurance or self-insurance programs afforded to or maintained by the State. The Contractor waives all rights against the State of Washington and DSHS for the recovery
of damages to the extent they are covered by insurance.
6. Inspection.
a. These inspection rights supersede the general terms and conditions of this agreement. The Contractor shall, at no cost, provide DSHS and the Community Services Division Washington Connection Community Partnership Program with reasonable access to Contractor’s place of business, Contractor’s records, and DSHS client records, wherever located, as they relate to this agreement. These inspection rights are intended to allow the Program to monitor, audit, and evaluate the Contractor’s compliance regarding these Contract terms. These inspection rights shall survive for six (6) years following this Contract’s termination or expiration. b. The Contractor will receive a self-assessment via email no less than once every four (4) years. The self-assessment and other supporting documents will be provided by the DSHS contact listed on page one (1,) or their designee. The self-assessment is meant to ensure compliance with: (a) Annual review, signing, and retention of Nondisclosure Agreements;
(b) Proof of current liability insurance;
(c) Review of active Washington Connection Partner Account users, access, and privileges;
(d) Confidentiality and Nondisclosure through Client Search and internal consent
c. The Contractor shall complete and return the self-assessment within the timeframe provided by the DSHS contact listed on page one (1,) or their designee (not to exceed 30 calendar days.)
7. Confidentiality and Nondisclosure
a. Both parties may use Personal Information and other information or Data gained by reason of this Agreement only for the purposes of this Agreement.
b. The data to be shared under this agreement is confidential in nature and is subject to state and
federal confidentiality requirement that bind the Contractor, its employees, and its subcontractors to protect the confidentiality of the personal information contained in ESA data. Contractors may use personal data and other data gained by reason of this agreement only for the purpose of this agreement.
c. The Contractor shall maintain the confidentiality of personal data in accordance with state and
federal laws, and shall have adequate policies and procedures in place to ensure compliance with confidentiality requirements, including restrictions on re-disclosure.
d. Neither party shall link the Data with Personal Information or individually identifiable data from any other source nor re-disclose or duplicate the Data unless specifically authorized to do so in this Agreement.
8. Consideration
There is no cost to either party as each will pay for its own costs to perform this contract.
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9. Payment
a. The Contractor will receive the information provided under this agreement at no charge. Each party
shall be responsible for any expenses incurred in providing or receiving information.
b. The Contractor is responsible for any costs associated with accessing Applicant data. This includes any costs for hardware/software upgrades, and costs to improve any systems or processors that will enable the Contractor to access the data.
10. Compensation
a. The Contractor shall not charge the applicant for services or time rendered while assisting with application, renewal, or reporting changes to the Department of Social and Health Services
b. If the applicant requests additional services not included herewith, these services may be subject to fees and should be authorized in writing and signed by the applicant and Contractor under the auspice of separate agreement.
11. Disputes
Either party may submit a request for resolution of a Contract dispute (rates set by law, regulation or DSHS policy are not disputable). The requesting party shall submit a written statement identifying the issue(s) in dispute and the relative positions of the parties. A request for a dispute resolution must
include the Contractors name, address, and Contract number, and be mailed to the address listed below within 30 calendar days after the party could reasonably be expected to have knowledge of the issue in dispute.
DSHS/Community Services Division PO Box 45470 Olympia, WA 98504-5470 Attn. Contracts Unit 12. Contractor Information
The Contractor shall forward to the DSHS Contact person named on page one (1) of this contract (or successor) within ten (10) working days, any information concerning the Contractor’s contact person. This would be the person who handles the daily operations regarding this contract. Changes include a change of contractor business name, contractor contact name, address, telephone number, fax number, e-mail address, business status and/or names of staff who are current state employees.
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Exhibit A – Data Security Requirements 1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions:
a. “AES” means the Advanced Encryption Standard, a specification of Federal Information Processing Standards Publications for the encryption of electronic data issued by the National Institute of Standards and Technology (http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.197.pdf).
b. “Authorized Users(s)” means an individual or individuals with a business need to access DSHS Confidential Information, and who has or have been authorized to do so.
c. “Business Associate Agreement” means an agreement between DSHS and a contractor who is receiving Data covered under the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996. The agreement establishes permitted and required uses and disclosures of protected health information (PHI) in accordance with HIPAA requirements and
provides obligations for business associates to safeguard the information.
d. “Category 4 Data” is data that is confidential and requires special handling due to statutes or regulations that require especially strict protection of the data and from which especially serious
consequences may arise in the event of any compromise of such data. Data classified as Category 4 includes but is not limited to data protected by: the Health Insurance Portability and Accountability Act (HIPAA), Pub. L. 104-191 as amended by the Health Information Technology for Economic and
Clinical Health Act of 2009 (HITECH), 45 CFR Parts 160 and 164; the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; Internal Revenue Service Publication 1075 (https://www.irs.gov/pub/irs-pdf/p1075.pdf); Substance Abuse and Mental Health Services Administration regulations on Confidentiality of Alcohol and Drug Abuse Patient Records, 42 CFR Part 2; and/or Criminal Justice Information Services, 28 CFR Part 20.
e. “Cloud” means data storage on servers hosted by an entity other than the Contractor and on a network outside the control of the Contractor. Physical storage of data in the cloud typically spans multiple servers and often multiple locations. Cloud storage can be divided between consumer grade storage for personal files and enterprise grade for companies and governmental entities. Examples of consumer grade storage would include iTunes, Dropbox, Box.com, and many other entities. Enterprise cloud vendors include Microsoft Azure, Amazon Web Services, and Rackspace.
f. “Encrypt” means to encode Confidential Information into a format that can only be read by those possessing a “key”; a password, digital certificate or other mechanism available only to authorized users. Encryption must use a key length of at least 256 bits for symmetric keys, or 2048 bits for asymmetric keys. When a symmetric key is used, the Advanced Encryption Standard (AES) must be used if available.
g. “FedRAMP” means the Federal Risk and Authorization Management Program (see
www.fedramp.gov), which is an assessment and authorization process that federal government agencies have been directed to use to ensure security is in place when accessing Cloud computing products and services.
h. “Hardened Password” means a string of at least eight characters containing at least three of the following four character classes: Uppercase alphabetic, lowercase alphabetic, numeral, and special characters such as an asterisk, ampersand, or exclamation point.
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i. “Mobile Device” means a computing device, typically smaller than a notebook, which runs a mobile operating system, such as iOS, Android, or Windows Phone. Mobile Devices include smart phones,
most tablets, and other form factors.
j. “Multi-factor Authentication” means controlling access to computers and other IT resources by requiring two or more pieces of evidence that the user is who they claim to be. These pieces of evidence consist of something the user knows, such as a password or PIN; something the user has such as a key card, smart card, or physical token; and something the user is, a biometric identifier such as a fingerprint, facial scan, or retinal scan. “PIN” means a personal identification number, a series of numbers which act as a password for a device. Since PINs are typically only four to six characters, PINs are usually used in conjunction with another factor of authentication, such as a fingerprint.
k. “Portable Device” means any computing device with a small form factor, designed to be transported from place to place. Portable devices are primarily battery powered devices with base computing
resources in the form of a processor, memory, storage, and network access. Examples include, but are not limited to, mobile phones, tablets, and laptops. Mobile Device is a subset of Portable Device.
l. “Portable Media” means any machine readable media that may routinely be stored or moved independently of computing devices. Examples include magnetic tapes, optical discs (CDs or DVDs), flash memory (thumb drive) devices, external hard drives, and internal hard drives that have
been removed from a computing device.
m. “Secure Area” means an area to which only authorized representatives of the entity possessing the Confidential Information have access, and access is controlled through use of a key, card key, combination lock, or comparable mechanism. Secure Areas may include buildings, rooms or locked storage containers (such as a filing cabinet or desk drawer) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. In otherwise Secure Areas, such as an office with restricted access, the Data must be secured in such a way as to prevent access by non-authorized staff such as janitorial or facility security staff, when authorized Contractor staff are not present to ensure that non-authorized staff cannot access it.
n. “Trusted Network” means a network operated and maintained by the Contractor, which includes security controls sufficient to protect DSHS Data on that network. Controls would include a firewall
between any other networks, access control lists on networking devices such as routers and switches, and other such mechanisms which protect the confidentiality, integrity, and availability of the Data.
o. “Unique User ID” means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system.
2. Authority. The security requirements described in this document reflect the applicable requirements of Standard 141.10 (https://ocio.wa.gov/policies) of the Office of the Chief Information Officer for the state of Washington, and of the DSHS Information Security Policy and Standards Manual. Reference
material related to these requirements can be found here: https://www.dshs.wa.gov/ffa/keeping-dshs-client-information-private-and-secure, which is a site developed by the DSHS Information Security Office and hosted by DSHS Central Contracts and Legal Services.
3. Administrative Controls. The Contractor must have the following controls in place:
a. A documented security policy governing the secure use of its computer network and systems, and
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which defines sanctions that may be applied to Contractor staff for violating that policy.
b. If the Data shared under this agreement is classified as Category 4, the Contractor must be aware
of and compliant with the applicable legal or regulatory requirements for that Category 4 Data.
c. If Confidential Information shared under this agreement is classified as Category 4, the Contractor must have a documented risk assessment for the system(s) housing the Category 4 Data.
4. Authorization, Authentication, and Access. In order to ensure that access to the Data is limited to authorized staff, the Contractor must:
a. Have documented policies and procedures governing access to systems with the shared Data.
b. Restrict access through administrative, physical, and technical controls to authorized staff.
c. Ensure that user accounts are unique and that any given user account logon ID and password combination is known only to the one employee to whom that account is assigned. For purposes of non-repudiation, it must always be possible to determine which employee performed a given action on a system housing the Data based solely on the logon ID used to perform the action.
d. Ensure that only authorized users are capable of accessing the Data.
e. Ensure that an employee’s access to the Data is removed immediately:
(1) Upon suspected compromise of the user credentials.
(2) When their employment, or the contract under which the Data is made available to them, is terminated.
(3) When they no longer need access to the Data to fulfill the requirements of the contract.
f. Have a process to periodically review and verify that only authorized users have access to systems containing DSHS Confidential Information.
g. When accessing the Data from within the Contractor’s network (the Data stays within the Contractor’s network at all times), enforce password and logon requirements for users within the Contractor’s network, including:
(1) A minimum length of 8 characters, and containing at least three of the following character classes: uppercase letters, lowercase letters, numerals, and special characters such as an asterisk, ampersand, or exclamation point.
(2) That a password does not contain a user’s name, logon ID, or any form of their full name.
(3) That a password does not consist of a single dictionary word. A password may be formed as a passphrase which consists of multiple dictionary words.
(4) That passwords are significantly different from the previous four passwords. Passwords that increment by simply adding a number are not considered significantly different.
h. When accessing Confidential Information from an external location (the Data will traverse the Internet or otherwise travel outside the Contractor’s network), mitigate risk and enforce password and logon requirements for users by employing measures including:
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(1) Ensuring mitigations applied to the system don’t allow end-user modification.
(2) Not allowing the use of dial-up connections.
(3) Using industry standard protocols and solutions for remote access. Examples would include RADIUS and Citrix.
(4) Encrypting all remote access traffic from the external workstation to Trusted Network or to a component within the Trusted Network. The traffic must be encrypted at all times while traversing any network, including the Internet, which is not a Trusted Network.
(5) Ensuring that the remote access system prompts for re-authentication or performs automated session termination after no more than 30 minutes of inactivity.
(6) Ensuring use of Multi-factor Authentication to connect from the external end point to the internal end point.
i. Passwords or PIN codes may meet a lesser standard if used in conjunction with another authentication mechanism, such as a biometric (fingerprint, face recognition, iris scan) or token
(software, hardware, smart card, etc.) in that case:
(1) The PIN or password must be at least 5 letters or numbers when used in conjunction with at least one other authentication factor
(2) Must not be comprised of all the same letter or number (11111, 22222, aaaaa, would not be acceptable)
(3) Must not contain a “run” of three or more consecutive numbers (12398, 98743 would not be
acceptable)
j. If the contract specifically allows for the storage of Confidential Information on a Mobile Device, passcodes used on the device must:
(1) Be a minimum of six alphanumeric characters.
(2) Contain at least three unique character classes (upper case, lower case, letter, number).
(3) Not contain more than a three consecutive character run. Passcodes consisting of 12345, or abcd12 would not be acceptable.
k. Render the device unusable after a maximum of 10 failed logon attempts.
5. Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described:
a. Hard disk drives. For Data stored on local workstation hard disks, access to the Data will be
restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards.
b. Network server disks. For Data stored on hard disks mounted on network servers and made available through shared folders, access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has
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authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart
cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism.
For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secure Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data, as outlined below in Section 8 Data Disposition, may be deferred until the disks are retired, replaced, or otherwise taken out of the Secure Area.
c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS
on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secure Area. When not in use for the contracted purpose, such discs must be Stored in a Secure Area. Workstations which access DSHS Data on optical discs must be located
in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism.
d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by
DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secure Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has
authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism.
e. Paper documents. Any paper records must be protected by storing the records in a Secure Area which is only accessible to authorized personnel. When not in use, such records must be stored in a Secure Area.
f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor’s
staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User’s duties change such that the Authorized User no longer requires access to perform work for this Contract.
g. Data storage on portable devices or media.
(1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on
portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized, the Data shall be given the following protections:
(a) Encrypt the Data.
(b) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics.
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(c) Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of
inactivity is 20 minutes.
(d) Apply administrative and physical security controls to Portable Devices and Portable Media by:
i. Keeping them in a Secure Area when not in use,
ii. Using check-in/check-out procedures when they are shared, and
iii. Taking frequent inventories.
(2) When being transported outside of a Secure Area, Portable Devices and Portable Media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data, even if the Data is encrypted.
h. Data stored for backup purposes.
(1) DSHS Confidential Information may be stored on Portable Media as part of a Contractor’s
existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still
exists upon it, such media will be destroyed at that time in accordance with the disposition requirements below in Section 8 Data Disposition.
(2) Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media,
etc.) as part of a Contractor’s existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements below in Section 8
Data Disposition.
i. Cloud storage. DSHS Confidential Information requires protections equal to or greater than those specified elsewhere within this exhibit. Cloud storage of Data is problematic as neither DSHS nor the Contractor has control of the environment in which the Data is stored. For this reason:
(1) DSHS Data will not be stored in any consumer grade Cloud solution, unless all of the following conditions are met:
(a) Contractor has written procedures in place governing use of the Cloud storage and
Contractor attests in writing that all such procedures will be uniformly followed.
(b) The Data will be Encrypted while within the Contractor network.
(c) The Data will remain Encrypted during transmission to the Cloud.
(d) The Data will remain Encrypted at all times while residing within the Cloud storage solution.
(e) The Contractor will possess a decryption key for the Data, and the decryption key will be possessed only by the Contractor and/or DSHS.
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(f) The Data will not be downloaded to non-authorized systems, meaning systems that are not on either the DSHS or Contractor networks.
(g) The Data will not be decrypted until downloaded onto a computer within the control of an Authorized User and within either the DSHS or Contractor’s network.
(2) Data will not be stored on an Enterprise Cloud storage solution unless either:
(a) The Cloud storage provider is treated as any other Sub-Contractor, and agrees in writing to all of the requirements within this exhibit; or,
(b) The Cloud storage solution used is FedRAMP certified.
(3) If the Data includes protected health information covered by the Health Insurance Portability and Accountability Act (HIPAA), the Cloud provider must sign a Business Associate Agreement prior to Data being stored in their Cloud solution.
6. System Protection. To prevent compromise of systems which contain DSHS Data or through which that Data passes:
a. Systems containing DSHS Data must have all security patches or hotfixes applied within 3 months of being made available.
b. The Contractor will have a method of ensuring that the requisite patches and hotfixes have been
applied within the required timeframes.
c. Systems containing DSHS Data shall have an Anti-Malware application, if available, installed.
d. Anti-Malware software shall be kept up to date. The product, its anti-virus engine, and any malware
database the system uses, will be no more than one update behind current.
7. Data Segregation.
a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation.
(1) DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS Data. And/or,
(2) DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or,
(3) DSHS Data will be stored in a database which will contain no non-DSHS data. And/or,
(4) DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records.
(5) When stored as physical paper documents, DSHS Data will be physically segregated from non-DSHS data in a drawer, folder, or other container.
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b. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in
this exhibit.
8. Data Disposition. When the contracted work has been completed or when the Data is no longer
needed, except as noted above in Section 5.b, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows:
Data stored on: Will be destroyed by:
Server or workstation hard disks, or
Removable media (e.g. floppies, USB flash drives, portable hard disks) excluding optical discs
Using a “wipe” utility which will overwrite the Data at
least three (3) times using either random or single character data, or
Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Paper documents with sensitive or Confidential Information Recycling through a contracted firm, provided the contract with the recycler assures that the confidentiality of Data will be protected.
Paper documents containing Confidential Information requiring special handling (e.g. protected health information)
On-site shredding, pulping, or incineration
Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive
Magnetic tape Degaussing, incinerating or crosscut shredding
9. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed
by law or DSHS.
10. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within
this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub-Contractor must be submitted to the DSHS Contact specified for this contract for review and approval.
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