HomeMy WebLinkAbout05-20-2024 City Council AgendaCity Council Meeting
May 20, 2024 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday May 20, 2024 at 7:00
p.m. will be held in person and virtually.
Virtual P articipation L ink:
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 Z oom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Z oom: https://us06web.zoom.us/j/82907673381
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
V I .AG E ND A M O D I F IC AT I O NS
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
Page 1 of 98
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
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 A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f 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
B .Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the May 6, 2024, City Council Meeting
B .Minutes of the May 13, 2024, S tudy S ession Meeting
C.S etting the date for P ublic Hearing for Z ayo Group, L L C
(Gaub)
City Council to set the date for a Public Hearing for Franchise A greement No. F R N22-
0003 for Z ayo Group, L L C
Page 2 of 98
D.Claims Vouchers (Thomas)
Claims voucher list dated May 15, 2024 which includes voucher number 475841
through voucher 475996, in the amount of $7,100,924.60, eleven electronic fund
transfers in the amount of $3,163.07, and three wire transfers in the amount of
$968,307.65
E .P ayroll Voucher (T homas)
P ayroll check numbers 539586 through 539588 in the amount of $81,031.18,
electronic deposit transmissions in the amount of $2,801,750.89, for a grand total of
$2,882,782.07 for the period covering A pril 25, 2024 to May 15, 2024
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .NE W B US I NE S S
X I I .O RD INANC E S
A .Ordinance No. 6941 (Gaub)
A n Ordinance granting to F atbeam, L L C, a Washington L imited L iability Company, a
Franchise for W ireline Telecommunications
(RE C O M M E ND E D AC T I O N: M ove to approve Ordinance No. 6941.)
X I I I .RE S O L UT IO NS
A .Resolution No. 5766 (K rum)
A Resolution authorizing the Mayor to execute a Development Agreement between the
City of Auburn and A uburn 18 Business Park, L L C to govern the future development of
K ing County parcel number 2421049004
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5766.)
B .Resolution No. 5767 (Gaub)
A Resolution authorizing the Mayor to execute a Hazard Mitigation Grant A greement
with the Washington State Military Department and all other agreements relating to the
Reservoir 2 S eismic Control Valve P roject and if matching funds are within the budget
to accept and expend grant funding for the P roject
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5767.)
X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X V.AD J O URNM E NT
Page 3 of 98
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 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 6, 2024, City Council Meeting
Date:
May 16, 2024
Department:
City Council
Attachments:
05-06-2024 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 20, 2024 Item Number:CA.A
Page 5 of 98
City Council Meeting
May 6, 2024 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
Mayor Backus called the meeting to order at 7:00 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Backus led those in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Hanan A mer, Cheryl Rakes, Clinton Taylor, and
Tracy Taylor. Councilmember Yolonda Trout-Manuel attended the meeting
virtually. Deputy Mayor L arry Brown and Councilmember K ate Baldwin
were excused.
Mayor Nancy Backus and the following staff members present included:
A cting City A ttorney Doug Ruth, Chief of Police Mark Caillier, Director of
P ublic Works I ngrid Gaub, A cting Director of Community Development
J ason Krum, Police S ergeant J osh Gustafson, S enior Center Manager
Radine L ozier, B usiness S ystems Analyst Chrissy Malave, and City Clerk
S hawn Campbell.
V.AP P O I NT M E NT S
A .J unior City Council
City Council to approve the appointments of Rowan S antos and Prableen Kaur to
A uburn J unior City Council for a two year term expiring August 31, 2026
Councilmember C. Taylor moved and Councilmember Rakes seconded to
approve the appointments of Rowan S antos and Prableen Kaur to the
Page 1 of 6Page 6 of 98
A uburn J unior City Council for a two-year term expiring on A ugust 31,
2026.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
V I .ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .P olice Promotional Ceremony (Caillier)
Chief Caillier introduced S ergeant Gustafson and provided a brief history
of his career in the City of Auburn. He gave S ergeant Gustafson the Oath
of Honor, and Sergeant Gustafson's family pinned his badge.
Mayor Backus recessed the meeting at 7:07 p.m. for 5 minutes.
Mayor Backus reconvened the meeting at 7:12 p.m.
Mayor Backus recognized Chief Caillier for 30 years of service with the
City, and provided a brief history of his career in the City of A uburn.
B .National Police Week and Peace Officers Memorial Day
Mayor Backus proclaimed May 12, 2024 to May 18, 2024, as "National
P olice Week"
and May 15, 2024 as "Peace Officers Memorial Day" in the City of A uburn.
Chief Caillier accepted the proclamation.
C.P rofessional Municipal Clerks Week
Mayor Backus proclaimed May 5, 2024, to May 11, 2024, as "Professional
Municipal Clerks Week " in the City of A uburn.
City Clerk Campbell accepted the proclamation and extended her gratitude
to her team in the City Clerk's Office.
D.A ffordable Housing Week
Mayor Backus proclaimed May 13, 2024 to May 17, 2024, as "A ffordable
Housing Week" in the City of A uburn.
A cting Director K rum accepted the proclamation and thanked Mayor and
Council for recognizing A ffordable Housing Week. He also spoke about
the City's Housing Repair P rogram.
E .A sian A merican, Native Hawaiian and Pacific I slander Heritage
Month
Mayor Backus proclaimed May 2024 as "Asian American, Native Hawaiian
and P acific I slander Heritage Month" in the City of Auburn.
Page 2 of 6Page 7 of 98
P astor Rome Ulia and family accepted the proclamation, they thanked
Mayor and Council for their support.
F.J ewish American Heritage Month
Mayor Backus proclaimed May 2024 as "J ewish A merican Heritage Month"
in the City of Auburn.
G.Older A mericans Month
Mayor Backus proclaimed May 2024 as "Older Americans Month" in the
City of Auburn.
Senior Center Manager L ozier and S enior Center P articipant and
Volunteer J anice Workman, thanked Mayor and Council for recognizing
Older A mericans Month.
V I I .AG E ND A M O D I F IC AT I O NS
Voucher No. 475709 was moved from New B usiness to the Consent
A genda.
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Fatbeam, L L C Franchise A greement
No. F R N23-0005
City Council to conduct a P ublic Hearing to consider Franchise A greement No.
F R N23-0005 for Fatbeam, L L C
Mayor B ackus opened the Public Hearing at 7:35 p.m.
Virginia Haugen, Auburn
Virginia expressed that they wished they knew more information
regarding the F ranchise Agreement.
Mayor B ackus closed the Public Hearing at 7:36 p.m.
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.T he public can participate in-person or submit written
comments in advance.
Mark Celich, Auburn
Mark expressed concerns regarding stalking, harassment, and
trafficking.
Page 3 of 6Page 8 of 98
B ob Darrigan, F ederal Way
B ob shared that they just finished their 20th A nnual Noon L ions
S pecial Needs F ishing Derby and thanked the Mayor, Council and
staff for their support.
Virginia Haugen, A uburn
Virginia expressed concerns regarding unlicensed, and unregulated
businesses.
C.Correspondence
There was no correspondence for Council to review.
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember Amer, Vice Chair of the F inance Ad Hoc Committee,
reported she and Councilmember Baldwin reviewed the claims and
payroll vouchers described on the agenda this evening and
recommended their approval.
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .A pril 15, 2024, City Council Meeting Minutes
B .Minutes of the April 18, and A pril 19, 2024, S pecial City
Council Meetings
C.Minutes of the April 22, 2024, Study Session Meeting
D.Claims Vouchers (Thomas)
Claims voucher list dated May 1, 2024 which includes voucher number 475664 through
voucher 475708 and voucher 475710 through 475840, in the amount of
$7,363,923.19, six electronic fund transfers in the amount of $1,150.83, and nine wire
transfers in the amount of $1,302,151.67
E .P ayroll Voucher (T homas)
P ayroll check numbers 539584 through 539584 in the amount of $624,985.07,
electronic deposit transmissions in the amount of $2,588,379.71, for a grand total of
$3,213,364.78 for the period covering A pril 11, 2024 to A pril 24, 2024
Page 4 of 6Page 9 of 98
F.Claim Voucher (Thomas)
Claims voucher dated May 1, 2024, which includes voucher number 475709, in
the amount of $69,500.00
Councilmember Amer moved and Councilmember T. Taylor seconded to
approve the consent agenda as amended.
Councilmember Rakes stated she has a remote interest in Claim Voucher
No. 475709.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X I .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I I .NE W B US I NE S S
There was no new business.
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember Amer reported she attended the Clean Sweep event,
Master Builder K ing County Elected Officials Reception, J unior
A chievement Celebration event, the Auburn Mountainview Multicultural Fair,
Messiah L utheran Church 100th Anniversary Celebration, Community
L eadership I nstitute Graduation Ceremony, and the K ent-A uburn Tamba
Fundraising dinner.
Councilmember Rakes reported she attended the Clean S weep event,
P ete von Reichbauer's K ing County Spring L eadership Reception, A uburn
P olice Department Ride Along, A uburn Mountainview Multicultural F air, the
A uburn Valley Humane Society (AV HS ) F undraiser event, and the Messiah
L utheran Church 100th Anniversary Celebration.
Councilmember T. Taylor reported she attended the Clean Sweep event,
S pring L eadership dinner, YMC A Stand Against Racism event, and the
AV HS F undraiser event.
Councilmember Trout-Manuel reported she attended the A uburn
Mountainview Multicultural F air, Messiah L utheran Church 100th
A nniversary Celebration, B lue Ribbon Committee meeting, S chool Bus
Road-e-o, and represented the HE L O Committee at the W hite House.
Page 5 of 6Page 10 of 98
B .From the M ayor
Mayor Backus reported she attended the Clean Sweep event, B ring Your
Children to Work Day, AV HS fundraiser, Noon L ions Club Special Needs
Fishing Derby, E l día de los niños/E l día de los libros (Children's
Day/Book Day), United States Conference of Mayors event, and the Kent-
A uburn Tamba F undraising dinner.
X I V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 8.01 p.m.
A P P R O V E D this 20th day of May 2024.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn 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 6 of 6Page 11 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the May 13, 2024, Study Session Meeting
Date:
May 16, 2024
Department:
City Council
Attachments:
05-13-2024 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:May 20, 2024 Item Number:CA.B
Page 12 of 98
City Council Study Session F inance and
Internal Serv ice Special F ocus Area
May 13, 2024 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Councilmember Trout-Manuel called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Hanan A mer, K ate Baldwin, Cheryl Rakes,
Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel. Deputy Mayor
B rown was excused.
Mayor Nancy Backus and the following staff members present included:
A cting City A ttorney Doug Ruth, Assistant Chief of Police S amuel
B etz, Director of P ublic Works I ngrid Gaub, A cting Director of Community
Development J ason K rum, Director of Special P rojects J eff Tate, Director
of Human Services Kent Hay, Director of Equity and I nclusion B renda
Goodson-Moore, A ssistant Director of P ublic Works J acob
S weeting, Director of Administration Dana Hinman, Director of Parks, Arts,
and Recreation Daryl F aber, Director of I nnovation and Technology David
Travis, Senior Traffic Engineer J ames Webb, B usiness S ystems Analyst
Chrissy Malave, and Deputy City Clerk Hannah S choll.
I I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I V.A NNO UNC E ME NT S R E P O RT S A ND P R E S E NTAT I O NS
A .B riefing - Human Services F unding Overview (Hay/Tate) (15 Minutes)
A n overview of the Human S ervices P rogram, application cycle, including outreach,
and technical assistance
Page 1 of 3Page 13 of 98
Director's Tate and Hay provided Council with an overview of the Human
S ervices Funding Update including the General Fund, 2025-2026
application review timeline, background of the program, priority funding and
areas, eligibility, outreach, technical assistance and support, and the
Human Services Committee review.
Council discussed the Human Services Committee, contract
management, A R PA funds, community engagement, and the S hare 1 App.
B .P resentation from J unior City Council (Hinman) (15 Minutes)
P resentation from E mily Helms, Patricia A madeo, L awand Muhsen, and Nnamdi
Ometu members of the Auburn J unior City Council
Director Hinman introduced E mily Helms, Patricia A madeo, L awand
Muhsen, and Nnamdi Ometu, members of the Auburn J unior City Council
(A J C C) who provided Council with a presentation on their experience at
the National L eague of Cities Conference, the National A lliance on Mental
I llness (NA MI ), and P uget S ound Educational Service District (P S E S D).
They discussed the recent growth within the J unior City Council, and
asked Council to let them know how they can get more involved.
Council discussed NA MI , student outreach, and the A J C C meeting
schedule.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .2023 Photo Enforcement Report (Gaub) (20 Minutes)
A ssistant Director S weeting provided Council with an overview of the 2023
P hoto E nforcement Report including history of the program, objectives for
implementing, the initial study, camera locations, citations and warnings
statistics from 2023, and next steps.
Council discussed citations, and camera locations.
B .2025-2030 Transportation I mprovement Program and 2025 Transportation I mpact
Fee Update (Gaub) (20 Minutes)
E ngineer Webb provided Council with a presentation on the 2025-2030
Transportation I mprovement P rogram (T I P) including an overview of the
program, annual update, projects that are being removed and projects
being added, additional changes, and funding. He also discussed the
Transportation B enefit District, 2025 Traffic I mpact F ees, and next steps.
Council discussed projects, and Traffic I mpact Fees.
C.Resolution No. 5766 (K rum) (15 Minutes)
S taff to present a draft Development A greement between the City of Auburn and
I ndustrial Reality Group (I R G) that pertains to the P acific Point S ite (formerly the G S A
site)
Page 2 of 3Page 14 of 98
Director Tate provided Council with a presentation on Resolution No. 5766
and the Development Agreement with I ndustrial Reality Group (I R G)
including the site location, site orientation, and the process timeline.
Council discussed permitting processes, and future development plans.
V I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 6:59 p.m.
A P P R O V E D this 20th day of May 2024.
____________________________ ____________________________
L A R RY B R O W N, D E P UT Y MAYO R 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 3 of 3Page 15 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting the date for Public Hearing for Zayo Group, LLC (Gaub)
Date:
May 13, 2024
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to set the date of the Public Hearing for Franchise Agreement No. FRN22-0003
for Zayo Group, LLC for a Wireline Telecommunications Franchise for June 17, 2024 at
7:00pm.
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a Public Hearing before
granting or denying a franchise agreement. Staff requests that the City Council set the date
of the Public Hearing for Franchise Agreement No. FRN22-0003 for Zayo Group, LLC for a
Wireline Telecommunications Franchise for June 17, 2024 at 7:00 pm.
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or
telecommunications carrier or operator to use public ways of the City and to provide service
to persons or areas inside or outside of the City.
Zayo Group, LLC has applied for a new franchise agreement to continue to operate their
existing fiber optic telecommunications facilities located in the public ways within the City
Limits as their current Franchise agreement has expired. Zayo provides telecommunications
services that include telecommunications capacity and dark fiber, transmission of voice, data,
or other electronic information, non-switched, dedicated and private line services, and high
capacity fiber optic transmission services to firms, businesses and institutions. The proposed
agreement is consistent with the City’s standard franchise agreement language.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Ingrid Gaub
Meeting Date:May 20, 2024 Item Number:CA.C
Page 16 of 98
Page 17 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
May 15, 2024
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated May 15, 2024 which includes voucher number 475841 through
voucher 475996, in the amount of $7,100,924.60, eleven electronic fund transfers in the
amount of $3,163.07, and three wire transfers in the amount of $968,307.65.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Jamie Thomas
Meeting Date:May 20, 2024 Item Number:CA.D
Page 18 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
May 15, 2024
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539586 through 539588 in the amount of $81,031.18, electronic
deposit transmissions in the amount of $2,801,750.89, for a grand total of $2,882,782.07 for
the period covering April 25, 2024 to May 15, 2024.
Rev iewed by Council Committees:
Councilmember:Kate Baldwin Staff:Jamie Thomas
Meeting Date:May 20, 2024 Item Number:CA.E
Page 19 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6941 (Gaub)
Date:
April 17, 2024
Department:
Public Works
Attachments:
Ordinance No. 6941
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Ordinance No. 6941.
Background for Motion:
This Ordinance would allow Fatbeam, LLC to continue to operate their existing Fiber Optic
Telecommunications Facilities located in the public ways within the City Limits as their current
Franchise Agreement is set to expire in the near future. Fatbeam provides
telecommunications, telephone service, internet access and wide area network connectivity to
education, government, hospitals, and other enterprise level customers.
Background Summary:
S ection 20.02.040 of the Auburn C ity C ode requires a franchise f or any utility or
telecommunications carrier or operator to use public ways of the City, and to provide service
to persons or areas inside or outside of the City.
Fatbeam, L L C has applied for a new franchise agreement to continue to operate their existing
fiber optic telecommunications facilities located in the public ways within the City L imits as
their current Franchise A greement is set to expire in the near future. F atbeam provides
telecommunications, telephone service, internet access and wide area network connectivity to
education, government, hospitals, and other enterprise level customers.
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. T he proposed agreement
would be valid for a term of 15 years.
A staff presentation was given at the April 22, 2024, S tudy Session discussing draft
Ordinance No. 6941. A P ublic Hearing to consider this application and hear public comment
was held bef ore the C ity Council on May 6, 2024, in accordance with A uburn C ity Code
20.04.040.
Ordinance No. 6941 authorizes Franchise A greement No F R N23-0005 with F atbeam, L L C
subject to the terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Ingrid Gaub
Page 20 of 98
Meeting Date:May 20, 2024 Item Number:ORD.A
Page 21 of 98
------------------------------
Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 1 of 17
ORDINANCE NO. 6941
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
FATBEAM, LLC, A WASHINGTON LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
WIRELINE TELECOMMUNICATIONS
WHEREAS, Fatbeam, 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 Franchise and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern
to the extent of such conflict.
A. “ACC” means the Auburn City Code.
B. “Franchise” means this agreement approved by Ordinance No.
6941 of the City which authorizes Franchisee Facilities to provide Franchisee
Services in the Franchise Area.
C. “Franchisee’s Facilities” means fiber optic and broad band
communications services constructed and operated within the public ways
including all cables, wires, conduits, ducts, pedestals, and any associated
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 2 of 17
converter equipment or other items necessary for Telecommunications Services
as defined in RCW 35.99.010(7), that are located in the Franchise Area.
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 RCW 80.36.375. 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, or dark fiber, provided by the Franchisee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Franchisee’s Services will also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City 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 Franchise, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area, located within the incorporated area of the City. 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 franchise agreements, impacting the
Franchise Area, for any purpose that does not interfere with Franchisee’s rights
under this Franchise.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 3 of 17
E. Except as explicitly set forth in this Franchise, 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 em inent
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 may 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.
H. The Franchisee agrees to provide the City with complete contact
information for any client, lessee, sub-lessee, customer, or other entity that
Franchisee allows to utilize, control, access, or otherwise provides services to, who
will also use the Franchisee Facilities to provide services to their clients and
customers either inside or outside the City limits. Such contact information shall
be provided to the City a minimum of sixty (60) days prior to the start of such
anticipated use so that the City may determine if Franchisee’s client, lessee, sub-
lessee, customer, or other entity is required to obtain a franchise agreement with
the City prior to such use. If the client, lessee, sub-lessee, customer, or other entity
is required to obtain a franchise agreement with the City, then the Franchisee shall
not allow use, control, access, or otherwise provide services to such entity until the
required franchise agreement has been obtained.
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
Franchise, except in case of emergency notification.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 4 of 17
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
Email Address: rowusepermit@auburnwa.gov
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Fatbeam, LLC
Attn: Jim Williams
2065 W Riverstone Drive, Suite 202
Coeur D Alene, ID 83814
Telephone: (509) 344-1008
Email Address: regulatory@fatbeam.com
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
Franchise.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: (509) 344-1008.
Section 4. Term of Franchise
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 Franchise.
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.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 5 of 17
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
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 Franchise, 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
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 6 of 17
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
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 condition, 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.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 7 of 17
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
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.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 8 of 17
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.
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
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 9 of 17
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, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
Franchise, except only such injury or damage as shall have been occasioned by
the sole negligence of the City.
However, should a court of competent jurisdiction determine that this Franchise 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 Franchise.
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
Franchise and as long as Franchisee has Facilities in the public way, insurance
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 10 of 17
against claims for injuries to persons or damage to property which may arise from
or in connection with the Franchise and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Franchise 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.
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 Insurance Services Office (ISO) occurrence form CG 00 01 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 named as an additional
insured under the Franchisee’s Commercial General Liability insurance
policy with respect this Franchise using ISO endorsement CG 20 12 05 09
if the Franchise 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
ISO form CA 00 01.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution
conditions that arise from the operations of the Franchisee. Contractors
Pollution Liability shall cover bodily injury, prop erty 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.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 11 of 17
D. Minimum Amounts of Insurance. The Franchisee shall maintain
insurance that meets or exceeds the following limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
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.
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. 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, including
limits no less than what is required of Franchisee under this Franchise. The
Franchisee shall ensure that the City is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 26.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 12 of 17
H. 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 Franchise. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Franchise and evidence of all subcontractors’
coverage.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of the
Franchise, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Franchise.
K. City Full Availability of Franchisee Limits. If the Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Franchise or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. 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, Franchisee or its affiliated parent entity
shall comply with the following: (i) Franchisee shall submit a letter to the City stating
which of the above required insurance provisions in this Section 15 Franchisee
proposes to self-insure; (ii) 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; (iii) Franchisee or its parent
company is responsible for all payments within the self -insured retention; and (iv)
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,
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 13 of 17
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
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.
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 Franchise, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
Page 34 of 98
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 14 of 17
over the administration of this Franchise. 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 Franchise, 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.
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 Franchise,
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 1 7
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
Page 35 of 98
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 15 of 17
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
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 Franchise, 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.
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 16 of 17
Section 26. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Franchise
This Franchise, 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
previous franchises 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 Doug Ruth, Acting City Attorney
PUBLISHED: _____________________________________________________
Page 37 of 98
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Ordinance No. 6941
Franchise Agreement No. FRN23-0005
April 5, 2024
Page 17 of 17
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Fatbeam, 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.
Franchisee Name: Fatbeam, LLC
Address ____________________________
City, State, Zip _______________________
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 20__, 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 they are 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 38 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5766 (Krum)
Date:
May 15, 2024
Department:
Community Development
Attachments:
Res olution 5766
Res olution 5766 - Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5766.
Background for Motion:
Resolution 5766 authorizes the Mayor to enter into a Development Agreement between the
City of Auburn and Auburn 18 Business Park, LLC for the property located at King County
parcel #2421049004. The agreement establishes site specific standards for the long term
development and use of the property. Additionally, Auburn 18 Business Park, LLC will
provide a contribution of $4 million that is intended to be used to support the redevelopment
of the City’s downtown theater.
Background Summary:
A Development Agreement is an agreement between a property owner and a city that
articulates modified development standards for a specific site. It is a tool allowed under
RCW 36.70B.170 and 36.70B.210. Generally speaking, Development Agreements offer an
opportunity for a property owner to have more customized regulations that govern their
property in exchange for the City or community to receive added benefit. They are generally
used for sites that are large and/or have special circumstances that make application of the
general “recipe” style development articulated in the adopted zoning code difficult or that
results in loss of opportunity.
In this particular draft agreement the property owner is seeking to have more flexibility in the
uses allowed on the site in exchange for a $4 million contribution for the City’s downtown
Theater rebuild project. The property is currently zoned C-3 Heavy Commercial. It was
previously zoned M-1 Light Industrial. The owner seeks to establish a mix of C-3 and M-1
uses on the site. Staff will explain how this mix of uses is consistent with the Comprehensive
Plan, prior SEPA environmental review evaluations, and our communications during the
auction process when the federal government marketed the property.
The draft development agreement was presented to City Council on May 13, 2024. The
version of the Development Agreement that is attached to Resolution 5766 as Exhibit A has
been slightly modified as compared to the version that was presented at City Council Study
Session on May 13th. These modifications help add clarity to the Term described in Section
Page 39 of 98
5 and the Vesting language in Section 6.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Jason Krum
Meeting Date:May 20, 2024 Item Number:RES.A
Page 40 of 98
--------------------------------
Resolution No. 5766
May 14, 2024
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN 18 BUSINESS
PARK, LLC TO GOVERN THE FUTURE DEVELOPMENT
OF KING COUNTY PARCEL NUMBER 2421049004
WHEREAS, RCW 36.70B.170 – 36.70B.210 allow cities to enter into development
agreements in order to provide greater flexibility in city development standards in
exchange for greater certainty in the development, options for impact mitigation, and
development that generates greater public benefit than might be provided under existing
code; and
WHEREAS, in 2022, Industrial Realty Group LLC (the parent company of Auburn
18 Business Park LLC) acquired Parcel No. 2421049004, located at 2899 C ST SW (“the
Property”), for the purpose of constructing new buildings, outdoor storage, parking, and
other site improvements; and
WHEREAS, the 127 acre Property was formerly owned and used by the Federal
Government Services Administration and is currently zoned C-3 Heavy Commercial; and
WHEREAS, Auburn 18 Business Park LLC and the City now desire that
development of the Property occur according to the terms and conditions described in the
development agreement attached to this resolution as “Exhibit A”; and
WHEREAS, pursuant to RCW 36.70B.200, on May 13, 2024 the City Council
discussed the proposed development agreement at a regularly -held study session and
held a duly-noted public hearing on the proposed agreement on May 20, 2024; and
Page 41 of 98
--------------------------------
Resolution No. 5766
May 14, 2024
Page 2 of 2 Rev. 2020
WHEREAS, it is in the public interest of the City to enter into a development
agreement with Auburn 18 Business Park LLC regarding the Property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Development Agreement
between the City and Auburn 18 Business Park LLC, which agreement will be in
substantial conformity with the agreement attached as “Exhibit A”.
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 this 20th day of May, 2024.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Douglas P Ruth, Acting City Attorney
Page 42 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) is entered into this ___ day of
___________, 2024 (“Effective Date”), by and between the City of Auburn (“City”), a
Washington municipal corporation, and Auburn 18 Business Park, LLC and Auburn Land,
LLC (collectively, “Owner”), Delaware limited liability companies. The City and Owner are
referred to collectively as the Parties and individually as a Party.
RECITALS
A. RCW 36.70B.170 through 36.70B.210 authorize cities to enter into
development agreements with property owners to govern future development of real property.
Under RCW 36.70B.170, development agreements must “set forth the development standards
and other provisions that shall apply and govern and vest the development, use, and
mitigation of the development of the real property for the duration specified in the
agreement.”
B. Owner is the owner of the property generally known as the Auburn 18
Business Park (“Property”), located at King County Parcel #2421049004 in the City, legally
described on Attachment A and depicted on Attachment B. The Property is zoned C-3 Heavy
Commercial under the Auburn City Code (“ACC” or “City Code”). Owner may redevelop all
or part of the Property and seeks confirmation of the use and development standards that
would apply to such future redevelopment.
C. The City owns the Auburn Avenue Theater (“Theater”) located at 10 Auburn
Avenue in the City. The Theater has been closed since 2021 due to damage caused by fire at
an adjacent apartment building. The City plans to develop a new theater building to replace
the Theater (“New Auburn Theater”).
D. This Agreement will provide mutual benefit to the Parties and to the residents
and businesses of the City. The Agreement will further the City’s goals and policies as
described in the Comprehensive Plan and is consistent with applicable development
regulations.
E. A development agreement must be approved by ordinance or resolution after a
public hearing. A public hearing was held on May 20, 2024, and the City Council approved
this Agreement by Resolution 5766 on ___________, 2024. The approval of this Agreement
constitutes a land use decision under RCW Ch. 36.70C.
F. Now therefore, in consideration of the mutual promises set forth in this
Agreement and the benefit to both the Owner and City, the Parties agree as follows:
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
AGREEMENTS
1. Development. The Owner may redevelop the Property after the Effective Date
of this Agreement with new buildings, outdoor storage, parking, and other site improvements
(“Development”). No project has been proposed or applications submitted. The future
Development will require building and other construction permits from the City, which shall
be governed by the ACC and this Agreement.
2. Development Standards. Prior to the Development of the Property, the Owner
may lease all or parts of the Property and the currently existing buildings and improvements
and may make tenant improvements (“Pre-Development Use”). Pre-Development Use of the
Property and Development of the Property occurring subsequent to the Effective Date shall be
governed by Sections 2.a-n, Section 3 and Section 6 of this Agreement and, except as
provided in those Sections, the provisions of the City Code identified in Section 2 of this
Agreement in effect on the Effective Date (“Vested City Code”), except as otherwise provided
in Section 2.o of this Agreement.
a. Use. “Building contractor, heavy”; “Manufacturing, assembling and
packaging – Medium intensity,” as those terms are defined in ACC Sections 18.04.194 and
18.04.616; and “Warehouse and distribution” uses including the uses described in the 2022
North American Industry Classification Code System (“NAICS”) Codes 4841, 4842, 4882,
4885, 4889 and 4931, including all uses within these categories, shall be permitted uses on the
Property, in addition to uses otherwise permitted in the C3 zone under the Vested City Code.
b. Public Improvements. For the purpose of determining required half-
street improvements per ACC 12.64A and the Engineering Design Standards (“EDS”) Section
10.03.03, the existing Property frontages along C Street SW and 15th Street SW shall be
considered fully improved and removal, replacement, upgrading of those existing frontages is
not required for Development of the Property in accordance with this Agreement except as
needed to accommodate new or modified accesses to/from the Property as reasonably
determined by the City based on a traffic impact analysis (“TIA”) prepared as part of any
application for Development approval(s).
c. Undergrounding of existing overhead wires per ACC 13.32A on, and
along the Property frontages, shall not be required for Development of the Property in
accordance with this agreement.
d. Right-of-way dedication per ACC 12.64A shall not be required for
Development of the Property in accordance with this Agreement, except that Owner shall
dedicate as a condition of Development Approval sufficient property to provide a 40-foot
corner curb radius as required by the EDS at the southwest corner of the intersection of C
Street SW and 15th Street SW. Owner may also be required as a condition of Development
approval to construct improvements at this intersection to mitigate the impacts of increased
Page 44 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
traffic resulting from Development of the Property, as reasonably determined by the City
based on a TIA. Owner may also be required to dedicate additional right-of-way as a
condition of Development approval, to provide for public improvements associated with any
modified or new access to the Property from public rights-of-way, to the extent such public
improvements are required to mitigate impacts of Development of the Property as reasonably
determined by the City based on a TIA.
e. Access. Development of the Property in accordance with this
agreement shall be exempt from that portion of EDS Section 10.08.01 that limits projects to a
single driveway access to a City street. All other Engineering Design Standards related to
driveways in effect at the time of Development approval (except for Section 10.08.01’s single
driveway access limitation) shall apply.
f. 15th Street SW Railroad Crossing. The Owner shall be responsible for
any improvements to the existing railroad crossing on 15th Street SW that serves the Property
(“Crossing Improvements”) that may be required by the Washington Utilities and
Transportation Commission (UTC) due to any new or increased rail service to/from the
Property associated with Development of the Property under this Agreement. Improvements
may include, but are not limited to, crossing gates, flashing lights, interconnect conduit and
cabling, additional street lighting, signage, and pavement markings. Nothing in this
Agreement relieves the City or others of responsibility (if any) for completion of Crossing
Improvements that may be required for reasons not related to the Owner’s uses or
Development of the Property under this Agreement.
g. Outdoor storage. Outdoor storage shall be allowed on up to 50% of the
Property.
h. Parking. Based on the reduced parking demand anticipated for
Development, a minimum onsite parking ratio of 1 space: 2700 square foot (“SF”) of floor
area shall be required for all uses on the Property.
i. Screening, Fencing and Landscaping. Screening shall not be required
except that fencing and landscaping adjacent to 15th Street SW and landscaping adjacent to C
Street SW shall be provided as required by the City Code in existence as of the Effective
Date, subject to any limitations required by the Public Works Department to ensure proper
functioning of the existing storm drainage system for C Street SW. Fencing with a maximum
height of 8 feet, including barbed wire, shall be allowed on the Property. Opacity
requirements of the City Code in existence as of the Effective date shall not apply to fences
located on the western, eastern or southern sides of the Property, provided that landscaping
along C Street SW shall be provided as required by the City Code in existence as of the
Effective Date.
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
j. On-Site Lighting. Light poles with a maximum height of 40 feet shall
be allowed on the Property.
k. Loading. Loading and unloading docks may be visible from the street
without the provision of an additional 10-foot width of landscaping along the abutting street,
provided that landscaping along C Street shall be provided as required by the City Code in
existence as of the Effective Date, subject to any limitations required by the Public Works
Department to ensure proper functioning of the existing storm drainage system for C Street
SW.
l. On-Site Trees. Existing trees on private property may be removed to
accommodate development of the Property.
m. Stormwater. Development of the Property shall comply with the
applicable City of Auburn Surface Water Management Manual (“SWMM”) that is in effect at
the time of submittal of any complete building or site development permit application except
that Development of the Property in accordance with this agreement may utilize storm pump
systems, subject to all design requirements for pump systems in Section III-D.6, City
Supplement, to the SWMM. Subject to City confirmation of conformance with such design
requirements, any deviation that may otherwise have been required for a pump system is
deemed approved.
n. Impact Fees. Owner shall pay and City shall collect impact fees under
Title 19 of the City Code as a condition of Development approvals, subject to the provisions
of this Section 2(o). For Development permits issued within 12 months of the Effective Date,
Owner shall pay transportation impact fees calculated under the provisions of Ch. 19.04 and
associated impact fee rate schedules of the City Code in effect as of the Effective Date. For
Development permits issued after 12 months following the Effective Date, transportation
impact fees shall be imposed and paid by Owner per the then-current ACC Ch. 19.04 as it
may be amended from time to time. If an existing building on the Property is demolished, the
Owner shall be entitled to a credit against transportation impact fees (“TIF”) for subsequent
Development on the Property, calculated and applied as follows. The Owner may utilize the
TIF credit for Development on any portion of the Property regardless of any future division of
the Property. TIF credits that are awarded must be used within 5 years of the date of issuance
of a demolition permit for the building generating the credit. A TIF credit is “used” when a
building permit has been issued. The amount of traffic impact fee (“TIF”) credit generated by
the demolition of Buildings 7, 8, 11 and 12, as depicted on Attachment B, shall be calculated
as shown on Attachment C. The amount of TIF credit generated by demolition of any other
building on the Property shall be based on the TIF calculation methodology in the applicable
TIF rate schedule, as defined in this Section 2(n), using the square footage and land use of the
building existing at the time of issuance of a demolition permit.
o. Vesting.
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
i. Vested City Code. The Vested City Code shall consist of the following
Sections and Chapters of ACC Titles 16, 17 and 18 in effect on the Effective Date of this
Agreement:
Section 16.06.130 Substantive authority
Chapter 17.24 Binding Site Plans
Section 18.02.120 Permitted land uses established
Chapter 18.04 Definitions (as the defined terms are used in the Vested City Code)
Chapter 18.23 Commercial and Industrial Zones
Section 18.31.030 Height limitations - Exceptions
Section 18.31.040 Lots
Section 18.31.070 Setbacks
Section 18.31.180 Performance standards
Chapter 18.41A Temporary Uses
Chapter 18.47 Electric Vehicle Infrastructure
Chapter 18.50 Landscaping and Screening
Chapter 18.52 Off-Street Parking and Loading
Chapter 18.53 Master Plans
Chapter 18.55 Outdoor Lighting
Chapter 18.56 Signs
Chapter 18.57 Standards for Specific Land Uses
Except as expressly stated in this Agreement, any amendments to or additions
to the Vested City Code made during the term of this Agreement shall not apply to or affect
the conditions of Development approvals or the standards set out in Section 2.a-n and Section
3 of this Agreement. A complete copy of the Vested City Code is included as Attachment D,
which shall not be included in the recorded copy of this Agreement but shall be available on
file at the Auburn Department of Community Development.
ii. Exemptions. Amendments, additions, increases or other changes to the
following plans, policies, laws, ordinances, regulations, fees and monetary charges, adopted
by the City following the Effective Date, are exempt from the vesting provided in Section
2.o(i) of this Agreement:
(a) Permit application, permit review, and inspection fees applicable to
any application for Development;
(b) Water, sewer and stormwater connection charges, general facility
charges, and monthly service charges, as the Council may from time to time adopt and/or
amend; and
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
(c) The Washington State Building Code, including without limitation
the International Building Code and such other International or other Uniform Codes adopted
by the Washington State Building Code Council and/or the City from time to time, including
electrical, building, plumbing, fire and other ancillary uniform or international construction
codes adopted pursuant to Chs. 19.27 or 19.27A RCW;
(d) Impact fees imposed under Title 16 of the ACC, except as otherwise
specifically provided in this Agreement;
(e) City of Auburn Engineering Design Standards, except as otherwise
specifically provided in this Agreement;
(f) The City's authority to require additional SEPA review and/or
mitigation under Ch. 43.21C and Ch. 197-11 WAC in connection with applications for
Development Approvals; provided however that the Project shall be vested to the City’s
substantive SEPA policies and regulations in effect on the Effective Date;
(g) Any law, ordinance, rule, regulation or policy adopted by the City
pursuant to RCW 36.70B.170(4), following written notice to Owner and an opportunity to be
heard, that the City deems necessary to address a serious threat to public health and safety;
(h) Procedural ordinances or regulations of the City which are not
substantive, relating to hearing bodies, notices, applications, findings, records, hearings,
reports, recommendations and appeals and any other matter of procedure; provided, however,
that the Project is vested to the requirements and processes for Binding Site Plans in Ch.
17.24 ACC and any BSP-related provisions of this Agreement in effect on the Effective Date;
(i) Any plans, polices, ordinances, regulations or Vested City Code that
the City must change by direction of, or the City reasonably determines to be necessary to
change to comply with, the requirements of any state or federal law or the directive of any
state or federal agency or court, in order to avoid being in violation of state or federal law or
to preserve the City’s eligibility to receive shared revenues, grants or other funding, but only
to the extent necessary to comply with such state or federal law. To the extent that the City
can comply with such state or federal law or directive by adopting changes to plans, polices,
ordinances or regulations that apply prospectively, this exemption shall not apply to permit
retroactive changes to the terms, conditions or Vested City Code provisions to which the
Project is vested under this Agreement;
(j) Taxes of any nature of general applicability throughout the City; and
iii. Subsequent Code Amendments. If mutually agreed by Owner and City, the
Owner may develop the Property in accordance with one or more amendments to the Vested
City Code adopted after the Effective Date, without the obligation to comply with other
subsequently adopted City Code provisions. The City’s decision whether to agree to
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
application of such amendments to the Vested City Code may be made administratively by the
City’s Community Development Director. Any such agreement must apply the entirety of an
amended City Code section or chapter, as applicable, which shall apply to all future
Development from the time of such Code amendment through the Term of this Agreement.
3. Phasing. It is recognized that site wide improvements such as landscaping are
not efficiently accomplished in conjunction with each building and/or each tenant
improvement so it is therefore appropriate to identify mutually agreed upon site areas that
trigger phased site improvements. Attachment B depicts generalized areas of phased
development that guide the timing of design and construction of site improvements. Phases
are intended to correlate more to area of land rather than timeframe which means that build
out of different phases may occur at the same time. The phases depicted in Attachment B are
general and not intended to be exact. At the Owner’s option, phases shown in Attachment B
may be broken into separate sub-phases or combined provided the decision to split or
combine is focused on adding clarity to when phased site improvements are triggered. Across
the entirety of the site, and within all phases, the following principles shall apply:
a. Lighting fixtures shall be uniform throughout the site. This applies to
parking lot lights, wayfinding lights, lighting for signage, security lighting, and
fixtures used on buildings.
b. Wayfinding signage and campus monument signs shall use a consistent
design approach where color, font, and lighting technique match.
c. Landscape species shall be consistent across all phases. This applies to
perimeter landscaping, parking lot islands, and landscaping associated with individual
buildings.
d. Screening techniques shall be uniform across the site. This includes
landscaping, fencing, and walls used to screen storage areas and laydown yards.
e. Bushes and hedges installed in early phases shall be maintained to an
agreed upon height until landscaping growth installed in later phases has the ability to
match early growth.
f. Striping for parking, ADA paths, fire lanes, and similar features shall be
installed in conjunction with each phases.
g. The City may require utilities serving one phase to extend into another
phase if necessary to meet the requirements of the EDS in effect at the time of
Development approval or as determined by the City in the exercise of reasonable
discretion to the extent necessary for provision of utility service.
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Development Agreement – Attachment A
Resolution 5766
4. Theater. In consideration for the mutual promises of and certainty provided by
this Agreement, Owner agrees to voluntarily contribute $4 million dollars to the City for the
design, permitting and construction of the New Auburn Theater, subject to the following terms
and conditions:
a. The payment shall be made within six months of the Effective Date of
this Agreement; provided, that if this Agreement is appealed, then the payment shall not be
due until the validity of the Agreement is upheld by the highest appeal body with jurisdiction
to hear the appeal.
b. The payment shall be held in a reserve account and may only be
expended to fund the design, permitting or construction of the New Auburn Theater; provided
that if the City decides not to proceed with development of the New Auburn Theater, the City
may use the payment for another development project determined by the City to have
equivalent public benefit. Subject to the foregoing, the City may expend the payment at any
time during the Term of this Agreement or any extension thereof, and the Owner waives and
releases, for itself and any and all successors, heirs or assigns, any claim for refund under
RCW 82.02.020 or .080.
5. Term. This Agreement shall remain in effect for 50 years from the Effective
Date (“Term”) provided that:
a. Development of new buildings and/or renovations of existing buildings
on the Property shall occur within 15 years of the Effective Date of this Agreement.
b. Development that occurs after the 15 year development period is vested
to the uses set forth in Section 2.a of this Agreement but is otherwise not governed by the
Vested City Code and shall otherwise comply with the then-current City Code.
c. Buildings and uses established under subsection 5.a and 5.b above shall
be considered “conforming” for the full 50 year term of this agreement.
6. Conforming structures, improvements and uses. Amendments to the City Code
during the Term of this Agreement shall not be deemed to create nonconforming structures,
improvements, or uses. Structures, improvements and uses that are consistent with this
Agreement shall be considered conforming, and such uses may continue and such structures
and improvements may be maintained, repaired, remodeled and replaced, consistent with the
standards to which they are vested, for the Term of this Agreement.
7. Amendments. The Owner may apply for amendments to this Agreement.
“Minor Amendments” are those that do not increase the gross floor area of potential
Development by more than 10% or do not significantly increase the environmental impacts of
development on the Property, unless those impacts are mitigated to a level that is less than
Page 50 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
significant. Minor Amendments may include, but are not limited to, development standard
deviations in addition to those provided in Section 2. Minor Amendments relating to zoning
and land use shall be approved administratively by the City’s Community Development
Director and Minor Amendments related to the EDS or other engineering standards by the
City’s Public Works Director. All other amendments are Major Amendments and shall be
approved using the approval process required for this Agreement.
8. Default and Remedies.
a. Default. Any failure by a Party to perform any material action required
under this Agreement shall constitute a default, unless such failure is compelled by order of a
court, subject to the notice and opportunity to cure provided in Section 7.b.
b. Notice and Opportunity to Cure. Except as expressly provided
otherwise in this Agreement, no party shall be in default under this Agreement unless it has
failed to perform as required under this Agreement for a period of thirty (30) days after
written notice of default from the other Party. Each notice of default shall specify the nature
of the alleged default and the manner in which the default may be cured satisfactorily. If the
nature of the alleged default is such that it cannot be reasonably cured within the thirty (30)
day period, then commencement of the cure within such time period and the diligent
prosecution to completion of the cure shall be deemed a cure.
c. Rights of Non-Defaulting Party. Except as set forth herein, a party not
in default under this Agreement shall have all rights and remedies provided by law or equity,
including without limitation damages, specific performance, or writs to compel performance
or require action consistent with this Agreement.
d. Attorneys’ Fees. In any action to enforce or determine a party’s rights
under, this Agreement, the prevailing party shall be entitled to attorney’s fees and costs.
9. Notices. All notices required to be given under this Agreement shall be given
in writing and shall be deemed delivered on the date of hand delivery of the notice or the date
that is three days after mailing of the notice by certified or registered mail, return receipt,
postage prepaid, to the parties at the addresses set forth below:
If to Owner: _______________________
_______________________
_______________________
_______________________
If to City: _______________________
_______________________
_______________________
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
The Parties, by notice given, may designate any further or different address to which
subsequent notices are to be sent.
10. Governing Law. This Agreement shall be governed by the laws of the State of
Washington.
11. Third Party Beneficiaries. There are no third-party beneficiaries of this
Agreement and no party other than the Owner and the City shall be entitled to enforce this
Agreement.
12. Mutual Drafting. Both the City and Owner have participated fully in the
drafting of this Agreement, and the rule of construction of ambiguities against the drafter shall
not apply to either Party.
13. Covenant Running with the Land. The provisions of this Agreement shall run
with the land and shall be binding upon and inure to the benefit of the Parties, their successors
and assigns.
14. Recording. This Agreement shall be recorded with the Office of the King
County Recorder.
15. Entire Agreement. This Agreement represents the entire agreement of the
Parties with respect to the subject matter of this Agreement. There are no other agreements,
oral or written, except as expressly set forth in this Agreement. This Agreement supersedes
all previous agreements, oral or written, except as expressly set forth in this Agreement. This
Agreement may be modified only by a written instrument duly executed by the Parties
following the amendment process described in Paragraph 6 of this Agreement.
17. Authority. The obligations to dedicate property, implement mitigation
measures, make impact fee or other payments, or to fund or to provide services, infrastructure,
or other facilities agreed to by Owner in this Agreement are made pursuant to, authorized by
and/or are consistent with applicable law, including without limitation RCW 43.21C.060,
WAC 197-11-350, RCW 36.70B.170(4), RCW 82.02.020 and the Washington State and
United States Constitutions. Each Party represents and warrants that it has the power and
authority, and is duly authorized, to enter into this Agreement on the terms and conditions
herein stated, and to deliver and perform its obligations under this Agreement.
18. Counterparts. This Agreement may be executed in counterparts, with each
Party sending a .pdf of its signature to the other Party by electronic mail transmission. This
Agreement, when fully executed and signature pages exchanged as provided herein shall be
effective as the original document.
19. Attachments. This Agreement includes the following Attachments, which are
incorporated by reference:
Page 52 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
a. Attachment A: Legal description of Property.
b. Attachment B: Depiction of Property and Phasing Plan.
c. Attachment C: TIF credit calculations.
d. Attachment D: Vested City Codes
20. Indemnification. Owner releases and agrees to defend, indemnify and hold
harmless the City and all of its elected and appointed officials and its employees from all
liability, claims, causes of action, fees (including reasonable attorneys’ and expert fees),
penalties, appeals and costs, including but not limited to the costs of defense of any claim or
appeal brought by a third party, arising in connection with the approval of or otherwise
relating to this Agreement or any Development under this Agreement, except to the extent
resulting from the sole negligence of the City or its officers, agents or employees in
performance of this Agreement, and except in connection with any action by either Party to
enforce this Agreement or in connection with any other matter in which the Owner and City
are adverse.
21. Interpretation. The parties intend this Agreement to be interpreted to the full
extent authorized by law as an exercise of the City’s authority to enter into development
agreements pursuant to RCW 36.70B.170 – .210, except that this Agreement shall be
construed to exclude from the scope of this Agreement and to reserve to the City that police
power authority granted to the City by the Washington State constitution or by general law
and which is prohibited by law from being subject to a mutual agreement with consideration.
Executed as of the date written above:
Page 53 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
AUBURN 18 BUSINESS PARK, LLC,
a Delaware limited liability company
By: IRG Value Fund I Manager, LLC,
a Delaware limited liability company,
Its Manager
By: _____________________________
Richard H. Klein
Chief Financial Officer
AUBURN LAND, LLC,
a Delaware limited liability company
By: IRG Value Fund I Manager, LLC,
a Delaware limited liability company,
Its Manager
By: _____________________________
Richard H. Klein
Chief Financial Officer
CITY OF AUBURN,
a Washington municipal corporation
By: ___________________________
Its: ___________________________
Page 54 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
STATE OF )
) ss
COUNTY OF )
This record was acknowledged before me on ____________________, 2024, by Richard
Klein, as Chief Financial Officer of IRG Value Fund I Manager, LLC, a Delaware limited
liability company.
Notary Public for the State of
residing in ____________________,
(City) (State)
Print name:
Commission expires:
Stamp
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
This record was acknowledged before me on ____________________, 2024, by
_____________________________, as ______________________________ of THE CITY
OF AUBURN, a municipal corporation.
Notary Public for the State of Washington
residing in ____________________,
(City) (State)
Print name:
Commission expires:
Stamp
Page 55 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
Attachment A
Legal Description of Property
Page 56 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment A
Resolution 5766
Page 57 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment B
Resolution 5766
Attachment B
Depiction of Property and Phasing Plan
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City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment C
Resolution 5766
Attachment C
Traffic Impact Fee Credit Calculations
Buildings 7, 8, 11, 12
Building
Existing
Land Use
Building
Area
(SF) Impact Fee Rate (2024)
Impact
Fee
7 Office 181,903 $13.21 $2,402,939
7 Warehouse 28,307 $3.56 $100,773
$2,503,712
8 Warehouse 182,571 $3.56 $649,953
11 Daycare 8,065 $44.45 $358,489
12 Office 105,771 $13.21 $1,397,235
TOTAL CREDIT = $4,909,388
Page 59 of 98
City of Auburn/Auburn 18 Business Park, LLC
Development Agreement – Attachment D
Resolution 5766
Attachment D
Vested City Code
Page 60 of 98
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5767 (Gaub)
Date:
May 6, 2024
Department:
Public Works
Attachments:
Res olution No. 5767
Exhibit A
Vicinity Map
Budget Impact:
Administrativ e Recommendation:
City Council to adopt Resolution No. 5767.
Background for Motion:
This Resolution authorizes the Mayor to accept grant funding for a project that will install a
Seismic Valve and Vault at Reservoir 2 to protect from catastrophic failures in the event of an
earthquake.
Background Summary:
Reservoir 2 is a water storage reservoir with a total capacity of 3.6 million gallons. Large
diameter pipes convey water from the reservoir to the distribution system. If a pipe breaks
during an earthquake, the large volume of water in the reservoir could quickly flow out of the
reservoir, causing potential local flooding, property damage, and loss of pressure, drinking
water, and fire flow capability within the water distribution system. The Reservoir 2 Seismic
Control Valve project will install a seismic control valve and vault that will automatically close,
keeping water in the reservoir and maintaining water supplies and pressures for both
firefighting and consumption needs. It will also prevent water from escaping the reservoir that
could create a secondary flooding emergency.
Due to the importance of maintaining critical water facilities during an emergency, this project
has been awarded a Federal Emergency Management Agency (FEMA) grant through the
Washington State Military Department in the total amount of $1,268,750.00, which includes
State and Federal funds. The estimated required match from the City is $181,250.00, for a
total project cost of $1,450,000.00. The required match funds are available in the City’s
capital water fund (460).
Resolution No. 5767 accepts the Hazard Mitigation Grant Funds and authorizes the Mayor to
execute the funding agreement and additional agreements that may be needed to implement
the project within the allocated project budget.
Rev iewed by Council Committees:
Councilmember:Tracy Taylor Staff:Ingrid Gaub
Page 61 of 98
Meeting Date:May 20, 2024 Item Number:RES.B
Page 62 of 98
-----------------------------
Resolution No. 5767
May 3, 2024
Page 1
RESOLUTION NO. 5767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A HAZARD MITIGATION GRANT AGREEMENT WITH
THE WASHINGTON STATE MILITARY DEPARTMENT AND ALL
OTHER AGREEMENTS RELATING TO THE RESERVOIR 2
SEISMIC CONTROL VALVE PROJECT AND IF MATCHING
FUNDS ARE WITHIN THE BUDGET TO ACCEPT AND EXPEND
GRANT FUNDING FOR THE PROJECT
WHEREAS, Reservoir 2 is a water reservoir with a storage capacity of 3.6
million gallons for the City’s water system; and
WHEREAS, large diameter pipes convey water from the reservoir to the
distribution system; and
WHEREAS, if a pipe breaks during an earthquake, the large volume of
water in the reservoir could quickly flow out of the reservoir, causing local
flooding, and loss of pressure within the water distribution system; and
WHEREAS, installation of an automatic seismic control valve will retain
water in the reservoir and lessen the negative impacts of an earthquake; and
WHEREAS, installation of seismic control valves at the City’s reservoirs
was identified in the City’s Comprehensive Water Plan (October 2015); and
WHEREAS, the City applied for and received approval from the
Washington State Military Department for a Hazard Mitigation Grant to provide
partial funding in the amount of $1,268,750.00 for the project entitled “Reservoirs
2 Seismic Control Valve project”; and
Page 63 of 98
-----------------------------
Resolution No. 5767
May 3, 2024
Page 2
WHEREAS, it is in the best interest of the City to use federal grant monies
to finance capital improvements to the water utility system; and
WHEREAS, the 2023-2024 City of Auburn budget identifies $181,250.00 in
City required matching water funds for the Reservoir 2 Seismic Control Vale
Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to accept and expend hazard
mitigation grant funds for the Reservoir 2 Seismic Control Valve project and
execute grant agreements with the Washington State Military Department in
substantial conformity with the agreement attached as Exhibit A. The Mayor is
authorized to accept and expend ad ditional grant funding from public or private
sources as long as the amounts for any City matching fund requirements are
within the approved City budget.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and other contracts for all future
phases of the Reservoir 2 Seismic Control Valve Project, expending up to the
total amount of the Project budget, and to implement administrative procedures
necessary to carry out the directions of this legisla tion.
Page 64 of 98
-----------------------------
Resolution No. 5767
May 3, 2024
Page 3
Section 3. This Resolution shall take effect and be in full force on
passage and signature.
Dated and Signed this _____ day of _________, 20 24.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Doug Ruth
Acting City Attorney
Page 65 of 98
Mitigation Project Grant Agreement – REV 8/8/23 Page 1 of 32 City of Auburn, D24-051
Washington State Military Department
HAZARD MITIGATION GRANT AGREEMENT FACE SHEET
1. Subrecipient Name and Address:
City of Auburn
25 West Main Street
Auburn, WA 98001
2. Total Grant Amount: $1,450,000.00
State: $181,250.00
Federal: $1,087,500.00
Local: $181,250.00
SubMC: $0.00
3. Grant Number:
D24-051
4. Subrecipient Contact, phone/email:
Ryan Vondrak, (253)931-3086
rvondrak@auburnwa.gov
5. Grant Start Date:
November 28, 2023
6. Grant End Date:
June 8, 2026
7. Department Program Manager, phone/email:
Tim Cook, (253) 512-7072
tim.cook@mil.wa.gov
8. Unique Entity ID (UEI):
LT4FLVEW5U28
9. UBI # (state revenue):
171-000-010
10. Funding Authority:
Washington State Military Department (the “DEPARTMENT”), and Federal Emergency Management Agency (FEMA)
11. Federal Funding Identification #:
BRIC 2021
EMS-2021-BR-044-0009
12. Federal Award Date
November 28, 2023
13. Assistance Listing # & Title:
97.047 (BRIC)
14. Program Index # & OBJ/SUB-OBJ:
(Fed) 714BR NZ, (State) 712BS NZ, (SubMC) 714BP
15. TIN or SSN:
91-6001228
16. Service Districts:
(BY LEGISLATIVE DISTRICT): 30th
(BY CONGRESSIONAL DISTRICT): 8th
17. Service Area by County(ies):
King County
18. Women/Minority-Owned, State
Certified?:
x N/A NO
YES, OMWBE #_________
19. Contract Classification:
Personal Services Client Services x Public/Local Gov’t
Research/Development A/E Other________
20. Contract Type (check all that apply):
Contract x Grant x Agreement
Intergovernmental (RCW 39.34) Interagency
21. Contractor Selection Process:
x “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/ALT
Filed w/OFM? Advertised? YES NO ______
22. Contractor Type (check all that apply)
Private Organization/Individual For-Profit
x Public Organization/Jurisdiction x Non-Profit
VENDOR x SUBRECIPIENT x OTHER
23. PURPOSE/DESCRIPTION:
FEMA’s Building Resilient Infrastructure and Communities (BRIC) program is designed to promote a national culture of preparedness and public
safety through encouraging investments to protect the nation's communities and infrastructure and through strengthening national mitigation
capabilities to foster resilience. The BRIC program seeks to fund effective and innovative projects that will reduce risk and increase resilience and
serve as a catalyst to encourage the whole community to invest in and adopt policies related to mitigation.
Title: Reservoir 2 Seismic Control Valve. The purpose of this Agreement is to provide funds to the SUBRECIPIENT for the herein proposed
project as noted in Statement of Work and/or Description of the Project (Attachment 3), Project Development Schedule (Attachment 4), Project
Budget (Attachment 5), and the FEMA approved project application, each of which are incorporated herein by this reference. The DEPARTMENT
is the Recipient and Pass-through Entity of the EMS-2021-BR-044-0009 Reservoir 2 Seismic Control Valve and FEMA State Agreement, which are
incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement. The SUBRECIPIENT
is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the associated matching funds.
IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, including all referenced
attachments which are hereby incorporated and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet;
Special Terms & Conditions (Attachment 1); General Terms and Conditions (Attachment 2); Statement of Work and/or Description of Project (Attachment 3);
Project Development Schedule (Attachment 4); Project Budget (Attachment 5); and all other documents, exhibits and attachments expressly referenced and
incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement.
No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties.
In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions
2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and,
3. Work Plan, Schedule, and Budget 6. Other provisions of the Agreement incorporated by reference
WHEREAS the parties hereto have executed this Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
_____________________________________________
Signature Date
Regan Anne Hesse, Chief Financial Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Dierk Meierbachtol 4/4/2023
Assistant Attorney General
FOR THE SUBRECIPIENT:
_________________________________________
Signature Date
Nancy Backus, Mayor
City of Auburn
APPROVED AS TO FORM:
________________________________________
Date
EXHIBIT A
Page 66 of 98
Mitigation Project Grant Agreement – REV 8/8/23 Page 2 of 32 City of Auburn, D24-051
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I. KEY PERSONNEL:
The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any
substitution of key personnel by either party shall be made by written notification to the current key personnel.
SUBRECIPIENT MILITARY DEPARTMENT
Name Ryan Vondrak Name Tim Cook
Title Utilities Engineering Manager Title State Hazard Mitigation Officer
E-Mail rvondrak@auburnwa.gov E-Mail tim.cook@mil.wa.gov
Phone 253-931-3086 Phone 253-512-7072
Name Ingrid Gaub Name
Ryan Chandler
Title Public Works Director Title HMA Program Supervisor
E-Mail igaub@auburnwa.gov E-Mail ryan.chandler@mil.wa.gov
Phone 253-804-3113 Phone 253-512-7460
Name Senait Gebreeyesus Name Nicole Canning
Title Water Utility Engineer Title HMA Program Coordinator
E-Mail sgebreeyesus@auburnwa.gov E-Mail nicole.canning@mil.wa.gov
Phone 253-804-5061 Phone 253-512-7236
ARTICLE II ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements,
and program guidance identified or referenced in this Agreement and the informational documents published by
DHS/FEMA applicable to the BRIC program including, but not limited to, all criteria, restrictions, and requirements
of the Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) 2021, the federal
regulations commonly applicable to FEMA grants, and the FEMA Award Letter and its attachments, all of which
are incorporated herein by reference.
The SUBRECIPIENT acknowledges that since this Agreement involves federal award funding, the period of
performance described herein may begin prior to the availability of appropriated federal funds. The
SUBRECIPIENT agrees that it will not hold the DEPARTMENT, the State of Washington, or the United States
liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed
under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated
or in a particular amount.
A. STATE AND FEDERAL REQUIREMENTS FOR HAZARD MITIGATION GRANTS:
The following requirements apply to all DHS/FEMA Hazard Mitigation Grants administered by the
DEPARTMENT.
1. SUBAWARDS & CONTRACTS BY SUBRECIPIENTS
a. The SUBRECIPIENT must make a case-by-case determination whether each agreement
it makes for the disbursement of BRIC funds received under this Agreement casts the
party receiving the funds in the role of a SUBRECIPIENT or contractor in accordance with
2 CFR 200.331.
b. If the SUBRECIPIENT becomes a pass-through entity by making a subaward to a non-
federal entity as its subrecipient:
i. The Subrecipient must comply with all federal laws and regulations applicable to
pass-through entities of BRIC funds, including, but not limited to, those contained
in 2 CFR 200.
ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable
state and federal laws, rules, regulations, requirements, and program guidance
Page 67 of 98
Mitigation Project Grant Agreement – REV 8/8/23 Page 3 of 32 City of Auburn, D24-051
identified or referenced in this Agreement and the informational documents
published by DHS/FEMA applicable to EMS-2021-BR-044-0009, including, but
not limited to, all criteria, restrictions, and requirements of the Department of
Homeland Security (DHS) Notice of Funding Opportunity (NOFO) 2021 BRIC
document, the Manual, the DHS Award Letter for the Grant, and the federal
regulations commonly applicable to DHS/FEMA grants.
iii. The SUBRECIPIENT shall be responsible to the DEPARTMENT for ensuring
that all BRIC federal award funds provided to its subrecipients, and associated
matching funds, are used in accordance with applicable federal and state
statutes and regulations, and the terms and conditions of the federal award set
forth in Attachment 2 of this Agreement.
2. PROJECT FUNDING
The DEPARTMENT will administer EMS-2021-BR-044-0009 and will pass through the federal
match and commit the available state match. The SUBRECIPIENT will commit the required local
match.
a. The total cost of the project for the purposes of this Agreement is $1,450,000.00 dollars;
PROVIDED that, if the total cost of the project when completed, or when this Agreement
is terminated, is actually less than above, the actual cost shall be substituted herein.
b. The value of the contributions by the SUBRECIPIENT to the project shall be $181,250.00
dollars, or 12.5 percent, at minimum, of the total project cost. The SUBRECIPIENT’s
contributions may be cash or in-kind, must be from a non-federal source, must be
reasonable, allowable and allocable, and must comply with all Federal requirements and
regulations.
c. When the DEPARTMENT enters into an agreement with the Federal Emergency
Management Agency (FEMA) to contribute federal funds to this project, that federal
contribution will be $1,087,500.00 dollars, or 75 percent of the total project cost, whichever
is less.
d. The value of the contributions by the DEPARTMENT to the project shall be $181,250.00
dollars, or 12.5 percent, at minimum, of the total project cost and is contingent on
legislative approval of DEPARTMENT funding pursuant to the prerequisites provided in
subsection g. The DEPARTMENT’s contributions must be from a non-federal source and
must comply with all Federal requirements and regulations.
e. The Federal Emergency Management Agency (FEMA) has contributed federal funds for
SUBRECIPIENT Management Costs (SubMC). SubMC includes costs for administering
the grant and indirect costs. This federal contribution is in addition to the federal award for
project costs and is suitable for 100% reimbursement for eligible expenses. The maximum
amount available for SubMC is $0.00 dollars, limited to 5% of the eligible project
expenditures for administrative, indirect, or overhead costs, whichever is less.
f. The DEPARTMENT shall not be obligated to pay any amount beyond that set out in
Subsections c, d, and e above, unless that additional amount has been approved in
advance by both the DEPARTMENT and SUBRECIPIENT and is incorporated by written
amendment into this Agreement.
g. The Washington State Legislature may authorize the DEPARTMENT to provide a match
to the SUBRECIPIENT’s non-federal share of eligible projects. Provision of a match by
the DEPARTMENT, if authorized by the Washington State Legislature, shall not require
amendment of this Agreement. If DEPARTMENT match funds are committed to the non-
federal share by the DEPARTMENT pursuant to legislative authorization, the
DEPARTMENT will formally notify the SUBRECIPIENT of the match in writing which will
include information identifying any related reduction in the SUBRECIPIENT’s percentage
commitment.
h. A written amendment will be required if the SUBRECIPIENT expects cumulative transfers
between project budgets, as identified in the Project budget (Attachment 5) and the
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Mitigation Project Grant Agreement – REV 8/8/23 Page 4 of 32 City of Auburn, D24-051
Statement of Work and/or description of Project (Attachment 3), to exceed 10% of the
Grant Agreement Amount. Any changes to project budgets other than in compliance with
this paragraph will not be reimbursed.
3. GRANT AGREEMENT PERIOD
Activities payable under this Agreement and to be performed by the SUBRECIPIENT under this
Agreement shall only be those after the obligation of federal funds on November 28, 2023 and shall
terminate on June 8, 2026. This period shall be referred to herein as the Grant Agreement Period
and/or Period of Performance, unless expressly stated otherwise. Costs incurred during the Grant
Agreement Period shall include pre-award costs authorized in writing by FEMA as well as eligible
costs incurred after the effective date of the Grant Agreement Period and before termination.
a. The SUBRECIPIENT shall complete the project as described in the FEMA approved
project application EMS-2021-BR-044-0009, incorporated in and made a part of this
Agreement by reference, and as described in Attachments 3, 4, and 5. In the event of
extenuating circumstances, the SUBRECIPIENT may request, in writing, that the
DEPARTMENT extend the deadline for Grant Agreement completion.
b. The Grant Agreement Period shall only be extended by (1) written notification of FEMA
approval of the Grant Agreement Period followed by execution of a mutually agreed written
amendment, or (2) written notification from the DEPARTMENT to the SUBRECIPIENT
addressing extensions of the DEPARTMENT’S underlying federal grant performance
period or to provide additional time for completion of the SUBRECIPIENT’s project(s).
c. No expenditure made, or obligation incurred, before or after the Grant Agreement Period
shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs
authorized in writing by FEMA. In addition to any remedy the DEPARTMENT may have
under this Agreement, the amounts set out in Article II, section A.2 Project Funding,
above, may be reduced to exclude any such expenditure from participation.
d. Failure to complete the project in a timely manner, as outlined in Attachment 4, is a
material breach of this Agreement for which the DEPARTMENT is entitled to termination
or suspension under Attachment 2, section A.37.
4. REIMBURSEMENT AND BUDGET REQUIREMENTS
The DEPARTMENT, using mitigation funds from 42 U.S.C. § 5133 (Pub. L. No. 93-288, Section
203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as
amended, and the State of Washington, for the BRIC program, shall issue payments to the
SUBRECIPIENT as follows:
a. All payment requests shall be made to the SUBRECIPIENT upon submission and
approval of eligible, reimbursable work completed and billed on an A-19, form, State of
Washington Invoice Voucher Distribution. Approval is subject to receipt of acceptable
documentation by the DEPARTMENT, to include, but not limited to, copies of receipts for
all goods and services purchased, copies of invoices from contractors and subcontractors
for work completed, and copies of timesheets for staff involved with the project, sign-
in/sign-out sheets for donated personnel and/or volunteer time spent on the project, and
documentation to support other in-kind contributions.
b. The DEPARTMENT reserves the right to withhold disbursement of up to 10 percent of the
total project cost to the SUBRECIPIENT until the project has been completed and given
final approval by the DEPARTMENT.
c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60
days after submission by the SUBRECIPIENT of the final report, final A-19, Voucher
Distribution, and completion of all final inspections by the DEPARTMENT.
Final payment by the DEPARTMENT also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
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d. Within the total Grant Amount of this Agreement, budget categories will be reimbursed on
an actual cost basis unless otherwise provided in this Agreement.
e. The maximum amount of all reimbursement requests permitted to be submitted under this
Agreement, including the final reimbursement request, is limited to and shall not exceed
the total Grant Amount of this Agreement.
f. For travel costs, SUBRECIPIENT shall comply with 2 CFR 200.475 and should consult
their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as
now existing or amended, and federal maximum rates set forth at http://www.gsa.gov,
and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs
shall not be reimbursed without written approval by DEPARTMENT’s Key Personnel.
g. Receipts and/or backup documentation for any approved items that are authorized under
this Agreement must be maintained by the SUBRECIPIENT consistent with record
retention requirements of this Agreement, and be made available upon request by the
DEPARTMENT, and local, state, or federal auditors.
h. The SUBRECIPIENT will submit reimbursement requests to the DEPARTMENT by
submitting a properly completed State A-19 Invoice Form, Interagency Electronic Funds
Transfer, or Agency/Business invoice with support documentation detailing the
expenditures for which reimbursement is sought. Reimbursement requests must be
submitted by email to both the DEPARTMENT’s Hazard Mitigation Program Coordinator
and the Program Manager no later than the due dates listed within the Grant Timeline
(Attachment 4), but not more frequently than monthly.
i. All work under this Agreement must end on or before the Grant Agreement End Date, and
the final reimbursement request must be submitted to the DEPARTMENT within 45 days
after the Grant Agreement End Date, except as otherwise authorized by written
amendment of this Agreement and issued by the DEPARTMENT.
j. If applicable, no costs for purchases of equipment/supplies will be reimbursed until the
related equipment/supplies have been received by the SUBRECIPIENT, its contractor, or
any non-federal entity to which the SUBRECIPIENT makes a subaward, and is invoiced
by the vendor.
k. Failure to timely submit complete reports and reimbursement requests as required by this
Agreement (including but not limited to those reports in the Project Development Schedule
Attachment 4) will prohibit the SUBRECIPIENT from being reimbursed until such complete
reports and reimbursement requests are submitted and the DEPARTMENT has had
reasonable time to conduct its review. Final reimbursement requests will not be approved
for payment until the SUBRECIPIENT is current with all reporting requirements contained
in this Agreement.
l. SUBRECIPIENTs shall only use federal award funds under this Agreement to supplement
existing funds, and will not use them to replace (supplant) non-federal funds that have
been budgeted for the same purpose.
The SUBRECIPIENT may be required to demonstrate and document that the reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of
federal funds.
5. REPORTING REQUIREMENTS
In addition to the reports as may be required elsewhere in this Agreement, the SUBRECIPIENT
shall promptly prepare and submit the following reports to the DEPARTMENT’s Key Personnel:
a. Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter,
indicating the status of the project, to include a brief narrative on progress during the
quarter. The report shall identify the costs incurred to date, the percentage of work
completed, the anticipated completion date of the project, and whether cost under runs or
over runs are expected. In addition, the SUBRECIPIENT should note any challenges or
issues associated with the project. Failure to submit a complete quarterly report within 15
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days following the end of the quarter will result in suspension of all payments to the
SUBRECIPIENT until a complete quarterly report is received by the DEPARTMENT.
b. A final report when the project is completed, prematurely terminated, or project assistance
is terminated. The report shall include a final accounting of all expenditures and a
description of work accomplished. If the project is not completed, the report shall contain
an estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project. The report shall account for all expenditures not previously
reported and shall include a summary for the entire project.
c. The SUBRECIPIENT shall submit a quarterly progress report describing current activities
as outlined in the Timeline.
d. The SUBRECIPIENT shall submit a Final Report with final reimbursement no later than
45 days after Agreement End Date.
e. The SUBRECIPIENT shall comply with the Federal Funding Accountability and
Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-
282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note)
and complete and return to the DEPARTMENT an Audit Certification/FFATA Form. This
form is required to be completed once per calendar year, per SUBRECIPIENT, and not
per agreement. The DEPARTMENT’S Contracts Office will request the SUBRECIPIENT
submit an updated form at the beginning of each calendar year in which the
SUBRECIPIENT has an active agreement.
6. PROCUREMENT
a. The SUBRECIPIENT shall comply with all procurement requirements of 2 CFR Part 200.317
through 200.327 and as specified in the General Terms and Conditions, Attachment 2, A.11.
b. For all contracts expected to exceed $250,000, the DEPARTMENT may request pre-
procurement documents, such as request for proposals, invitations for bids and independent
cost estimates. This request may apply to any non-federal entity to which the SUBRECIPIENT
makes a subaward, at which point the SUBRECIPIENT will be responsible for reviewing and
approving procurement requests of any non-federal entity to which the SUBRECIPIENT
makes an award.
c. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR
200.1, the SUBRECIPIENT must submit justification to the DEPARTMENT for review and
approval. This requirement must be passed on to any non-federal entity to which the
SUBRECIPIENT makes a subaward, at which point the SUBRECIPIENT will be responsible
for reviewing and approving sole source justifications to any non-federal entity to which the
SUBRECIPIENT makes an award.
7. TIME EXTENSIONS
A time extension request for Agreement completion must be submitted by the SUBRECIPIENT
to the DEPARTMENT no later than 60 days before the end of the Period of Performance. A time
extension request must be in writing and identify the project, the reason the project will not be
completed within the approved Period of Performance, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion
date for the completion of the remaining work. Failure to timely submit a complete time extension
request may result in denial of the time extension and loss of funding for the project.
8. SUBRECIPIENT MONITORING
a. The DEPARTMENT will monitor the activities of the SUBRECIPIENT from award to
closeout. The goal of the DEPARTMENT’S monitoring activities will be to ensure that
agencies receiving federal pass-through funds are in compliance with this Agreement,
federal and state audit requirements, federal grant guidance, and applicable federal and
state financial regulations, as well as 2 CFR Part 200 Subpart F.
b. To document compliance with 2 CFR Part 200 Subpart F requirements, the
SUBRECIPIENT shall complete and return to the DEPARTMENT “2 CFR Part 200
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Subpart F Audit Certification Form” located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms along with the signed Agreement. The
SUBRECIPIENT shall complete and return the form to the DEPARTMENT each fiscal year
thereafter until the Agreement is closed. The form is incorporated by reference herein and
made a part of this Agreement.
c. Monitoring activities may include, but are not limited to:
i. Review of financial and performance reports;
ii. Monitoring and documenting the completion of Agreement deliverables;
iii. Documentation of phone calls, meetings, e-mails, and correspondence;
iv. Review of reimbursement requests and supporting documentation to ensure
allowability and consistency with Agreement work plan, budget, and federal
requirements;
v. Observation and documentation of Agreement related activities, such as
exercises, training, funded events, and equipment demonstrations; and
vi. On-site visits to review equipment records and inventories, to verify source
documentation for reimbursement requests and performance reports, and to verify
completion of deliverables.
d. The SUBRECIPIENT is required to meet or exceed the monitoring activities, as outlined
above and in 2 CFR Part 200, for any non-federal entity to which the SUBRECIPIENT
makes a subaward as a pass-through entity under this Agreement.
e. Compliance will be monitored throughout the performance period to assess risk. Concerns
will be addressed through a Corrective Action Plan.
9. CLOSE-OUT
To initiate close-out, the SUBRECIPIENT is required to certify in writing the date completed and
total amount expended on the project on FINAL PROJECT REPORT form to the DEPARTMENT.
After receipt of the FINAL PROJECT REPORT form, the DEPARTMENT will conduct a site
inspection and review supporting documentation for compliance with the requirements of the
Agreement.
Prior to project close-out, the SUBRECIPIENT shall provide the DEPARTMENT with acceptable
documentation supporting compliance with the Agreement. General documentation supporting
compliance with the Agreement typically includes, but is not limited to, the following:
a. Photographs of the structures or properties involved in the project prior to project
implementation and after project implementation.
b. Digital geospatial coordinates (latitude and longitude) for each structure with an accuracy of
± 20 meters (64) feet.
c. Certificate of occupancy or equivalent documentation from the appropriate regulatory
authority for each structure to certify it is code-compliant.
d. Certification that the SUBRECIPIENT has met the environmental and historic preservation
conditions of the grant award as described in this Agreement.
e. Copies of all compliance and consultation documentation required by the grant award as
described in the Agreement (e.g., coastal zone management consistency determination from
Department of Ecology).
f. Copies of all documentation related to inspection for and removal and disposal of asbestos
and other hazardous materials from each property.
Specific additional documentation requirements for projects to acquire properties for open space
include, but are not limited to, the following:
a. Signed Statement of Voluntary Participation from the owner of each acquired property.
b. Documentation of dates of acquisition and structure demolition or removal from property for
each property.
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d. Copy of the AW-501 form filed with the NFIP for each acquired repetitive loss property.
e. Documentation of consultation with the Army Corps of Engineers and Washington State
Department of Transportation regarding future use of each property.
Specific additional documentation requirements for projects to elevate structures above the base
flood elevation include, but are not limited to, the following:
a. Photographs of the structures prior to elevation, and front, rear and side photos post-elevation.
b. Copies of the pre-project elevation certificate for each structure, or documentation of
methodology used to calculate the first-floor elevations.
c. Copies of the post-project elevation certificate for each structure.
d. Copies of the certificate of occupancy for each elevated structure to certify that it is code
compliant.
e. Certification by an engineer, floodplain manager or other senior official of the SUBRECIPIENT
that each completed structural elevation is in compliance with local ordinances and NFIP
regulations and technical bulletins.
f. Copy of the AW-501 form filed with the NFIP for each elevated repetitive loss property.
g. Copies of proof of flood insurance for each elevated structure.
h. Copies of the recorded deed restriction related to maintenance of flood insurance for each
property within the Special Flood Hazard Area.
The DEPARTMENT will consult with the SUBRECIPIENT regarding other documentation
requirements of the Agreement throughout the Period of Performance.
The SUBRECIPIENT is required to retain all documentation which adequately identifies the
source and application of all mitigation grant funds for six years following the closure of this grant.
For all funds received, source documentation includes adequate accounting of actual costs and
recoveries incurred.
10. LIMITED ENGLISH PROFICIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI)
All SUBRECIPIENTS must comply with the Title VI of the Civil Rights Act of 1964 (Title VI)
prohibition against discrimination on the basis of national origin, which requires that
SUBRECIPIENTs of federal financial assistance take reasonable steps to provide meaningful
access to persons with limited English proficiency (LEP) to their programs and services. Providing
meaningful access for persons with LEP may entail providing language assistance services,
including oral interpretation and written translation. Executive Order 13166, Improving Access to
Services for Persons with Limited English Proficiency (August 11, 2000), requires federal
agencies to issue guidance to recipients, assisting such organizations and entities in
understanding their language access obligations. DHS published the required recipient guidance
in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,
76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as
how a recipient can determine the extent of its obligation to provide language services; selecting
language services; and elements of an effective plan on language assistance for LEP persons.
For additional assistance and information regarding language access obligations, please refer to
the DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-
supported-organizations-provide-meaningful-access-people-limited and additional resources on
http://www.lep.gov.
11. ENVIRONMENTAL AND HISTORICAL PRESERVATION
a. The SUBRECIPIENT shall ensure full compliance with the DHS/FEMA Environmental
Planning and Historic Preservation (EHP) program. EHP program information can be
found at https://www.fema.gov/grants/guidance-tools/environmental-historic, which is
incorporated into and made a part of this Agreement.
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b. Projects that have historical impactors or the potential to impact the environment,
including, but not limited to, construction of communication towers; modification or
renovation of existing buildings, structures and facilities; or new construction including
replacement of facilities, must participate in the DHS/FEMA EHP review process prior to
initiation. Modification of existing buildings, including minimally invasive improvements
such as attaching monitors to interior walls, and training or exercises occurring outside in
areas not considered previously disturbed, also require a DHS/FEMA EHP review before
project initiation.
c. The EHP review process involves the submission of a detailed project description that
includes the entire scope of work, including any alternatives that may be under
consideration, along with supporting documentation so FEMA may determine whether the
proposed project has the potential to impact environmental resources and/or historic
properties.
d. The SUBRECIPIENT agrees that to receive any federal preparedness funding, all EHP
compliance requirements outlined in applicable guidance must be met. The EHP review
process must be completed, and FEMA approval received by the SUBRECIPIENT,
before any work is started for which reimbursement will be later requested. Expenditures
for projects started before completion of the EHP review process, and receipt of approval
by the SUBRECIPIENT will not be reimbursed.
12. ADDITIONAL SPECIAL CONDITIONS
a. Construction Documents, Contracts, Change Orders
i. Construction Document Approval: Upon request, the SUBRECIPIENT agrees to
submit one copy of all construction plans and specifications to the DEPARTMENT
prior to solicitation of bids. This request is to ensure bid set consistency with the
subgrant’s approved scope of work.
ii. The SUBRECIPIENT shall use a competitive procurement process in the
procurement and award of any contracts with contractors or sub-contractors that
are entered into under the original contract award. Copies of all bids and contracts
awarded shall be submitted to the DEPARTMENT upon request. Where all bids
are substantially in excess of project estimates, the DEPARTMENT may, by notice
in writing, suspend the project for determination of appropriate action, which may
include termination of the Agreement.
iii. Construction Change Order: All change orders must be in writing and shall be
submitted to the DEPARTMENT. The SUBRECIPIENT shall pay any increase in
the cost of the project as the result of a change order, unless the DEPARTMENT
has agreed to the change with a written amendment to this Agreement.
13. EQUIPMENT AND TRACKABLE ASSETS MANAGEMENT
a. If applicable, the SUBRECIPIENT and any non-federal entity to which the
SUBRECIPIENT makes a subaward shall comply with 2 CFR 200.317 through 200.327,
and all Washington State procurement requirements, when procuring any equipment or
trackable assets under this Agreement, 2 CFR 200.313 for management of equipment,
and 2 CFR 200 to include but not limited to:
i. Upon successful completion of the terms of this Agreement, all equipment and
trackable assets purchased through this Agreement will be owned by the
SUBRECIPIENT, or a recognized non-federal entity to which the SUBRECIPIENT
has made a subaward, for which a contract or other means of legal transfer of
ownership is in place.
ii. All equipment, and trackable assets as applicable, purchased under this
Agreement will be recorded and maintained in the SUBRECIPIENT’s inventory
system.
iii. Inventory records shall include:
A. Description of the property
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B. Manufacturer’s serial number, or other identification number
C. Funding source for the property, including the Federal Award Identification
Number (FAIN) (Face Sheet, Box 11)
D. Assistance Listings Number (formerly CFDA Number) (Face Sheet, Box
13)
E. Who holds the title
F. Acquisition date
G. Cost of the property and the percentage of federal participation in the cost
H. Location, use, and condition of the property at the date the information was
reported
I. Disposition data including the date of disposal and sale price of the
property.
iv. The SUBRECIPIENT shall take a physical inventory of the equipment, and
trackable assets as applicable, and reconcile the results with the property records
at least once every two years. Any differences between quantities determined by
the physical inspection and those shown in the records shall be investigated by the
SUBRECIPIENT to determine the cause of the difference. The SUBRECIPIENT
shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
v. The SUBRECIPIENT shall be responsible for any and all operational and
maintenance expenses and for the safe operation of their equipment and trackable
assets including all questions of liability. The SUBRECIPIENT shall develop
appropriate maintenance schedules and procedures to ensure the equipment and
trackable assets are well maintained and kept in good operating condition.
vi. The SUBRECIPIENT shall develop a control system to ensure adequate
safeguards to prevent loss, damage, and theft of the property. Any loss, damage,
or theft shall be investigated, and a report generated and sent to the
DEPARTMENT’S Key Personnel.
vii. The SUBRECIPIENT must obtain and maintain all necessary certifications and
licenses for the equipment.
viii. If the SUBRECIPIENT is authorized or required to sell the property, proper sales
procedures must be established and followed to ensure the highest possible
return. For disposition, if upon termination or at the Grant Agreement End Date,
when original or replacement trackable assets or equipment acquired under a
federal award are no longer needed for the original project or program or for other
activities currently or previously supported by a federal awarding agency, the
SUBRECIPIENT must comply with the following procedures:
A. For Trackable assets: If there is a residual inventory of unused trackable
assets exceeding $5,000 in total aggregate value upon termination or
completion of the project or program and the trackable assets are not
needed for any other federal award, the SUBRECIPIENT must retain the
trackable assets for use on other activities or sell them, but must, in either
case, compensate the federal government for its share. The amount of
compensation must be computed in the same manner as for equipment.
B. For Equipment:
1. Items with a current per-unit fair-market value of $5,000 or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the federal awarding agency.
2. Items with a current per-unit fair-market value in excess of $5,000
may be retained or sold. The SUBRECIPIENT shall compensate the
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federal awarding agency in accordance with the requirements of 2
CFR 200.313 (e) (2).
ix. Records for equipment shall be retained by the SUBRECIPIENT for a period of six
years from the date of the disposition, replacement, or transfer. If any litigation,
claim, or audit is started before the expiration of the six year period, the records
shall be retained by the SUBRECIPIENT until all litigation, claims, or audit findings
involving the records have been resolved.
b. The SUBRECIPIENT shall comply with the DEPARTMENT’S Purchase Review Process,
which is incorporated by reference and made part of this Agreement. No reimbursement
will be provided unless the appropriate approval has been received.
c. Unless Expressly provided otherwise, all equipment must meet all mandatory regulatory
and/or DHS/FEMA adopted standards to be eligible for purchase using federal award
funds.
d. If funding is allocated to emergency communications, the SUBRECIPIENT must ensure
that all projects comply with SAFECOM Guidance on Emergency Communications
Grants, located at https://www.cisa.gov/safecom/funding, ensuring the investments are
compatible, interoperable, resilient, and support national goals and objectives for
improving emergency communications.
e. Effective August 13, 2020, FEMA recipients and SUBRECIPIENT, as well as their
contractors and subcontractors, may not obligate or expend any FEMA award funds to:
i. Procure or obtain any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology of any system;
ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system,
or service that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology of any
system; or
iii. Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or essential component
of any system, or as critical technology as part of any system.
This prohibition regarding certain telecommunications and video surveillance services or
equipment is mandated by section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018).
Recipients and SUBRECIPIENTS may use DHS/FEMA grant funding to procure
replacement equipment and services impacted by this prohibition, provided the costs are
otherwise consistent with the requirements of the Manual and applicable NOFO.
Per subsections 889(f)(2)-(3) of the FY 2019 NDAA, and 2 CFR 200.216, covered
telecommunications equipment or services means:
i. Telecommunications equipment produced by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such entities);
ii. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities);
iii. Telecommunications or video surveillance services provided by such entities or
using such equipment; or
iv. Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
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The SUBRECIPIENT must pass through equipment and trackable assets management
requirements that meet or exceed the requirements outlined above to any non-federal entity
to which the SUBRECIPIENT makes a subaward under this Agreement.
B. DHS FFY24 STANDARD TERMS AND CONDITIONS
As a SUBRECIPIENT of BRIC funding, the SUBRECIPIENT shall comply with all applicable FEMA/DHS
terms and conditions of the FEMA Award Letter and its associated documents for DHS, which are
incorporated in and made a part of this Agreement.
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Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Department of Homeland Security (DHS)/
Federal Emergency Management Agency (FEMA)
Grants
A.1 DEFINITIONS
As used throughout this Agreement, the following terms will have the same meaning as defined in 2 CFR 200
Subpart A (which is incorporated herein by reference), except as otherwise set forth below:
a. “Agreement” means this Grant Agreement.
b. "DEPARTMENT” means the Washington State Military Department, as a state agency, any division,
section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully
representing that DEPARTMENT. The DEPARTMENT is a recipient of a federal award directly from a
federal awarding agency and is pass-through entity making a subaward to a SUBRECIPIENT under
this Agreement.
c. "SUBRECIPIENT" when capitalized is primarily used throughout this Agreement in reference to the
non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from
the DEPARTMENT. However, the definition of “SUBRECIPIENT” is the same as in 2 CFR 200.93 for
all other purposes.
d. “Monitoring Activities” means all administrative, construction, financial, or other review activities that
are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and
policies.
e. “Project” means those actions funded through the Hazard Mitigation Assistance Grant Program and
described in approved Project Worksheets. Projects may include one or more of the following:
reimbursement of costs for emergency response, debris removal and/or repair or restoration of
damaged public facilities. A project may be a small, large, improved, or alternate project.
A.2 ADVANCE PAYMENTS
The DEPARTMENT shall make no payments in advance or in anticipation of goods or services to be
provided under this Agreement, except as required under 2 CFR 200.305 for federal grants.
SUBRECIPIENT shall not invoice the DEPARTMENT in advance of delivery and invoicing of such goods
or services, except as authorized under 2 CFR 200.305.
Pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C §5121-
5207), Advance Payment process, FEMA may process a SUBRECIPIENT project worksheet which is
provided to the state of Washington for direct disbursement to SUBRECIPIENT Pursuant to these
provisions and RCW 43.88.160(5), these grant funds are not subject to the advance payments prohibition
and will be disbursed immediately to SUBRECIPIENT as grants authorized by law with subsequent
authentication and certification of expenditures.
A.3 AMENDMENTS AND MODIFICATIONS
The SUBRECIPIENT or the DEPARTMENT may request, in writing, an amendment or modification of
this Agreement. Modifications may be requested for Grant Agreement end date, budget or scope change.
However, such amendment or modification shall not be binding, take effect or be incorporated herein
until made in writing and signed by the authorized representatives of the DEPARTMENT and the
SUBRECIPIENT. No other understandings or agreements, written or oral, shall be binding on the parties.
A.4 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET
SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE “ADA” 28 CFR Part
35.
The SUBRECIPIENT must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunication.
A.5 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND BREACH The DEPARTMENT relies upon the SUBRECIPIENT's application in making its determinations as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
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A.6 ASSURANCES
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations. In addition,
as a SUBRECIPIENT of FEMA funding, the SUBRECIPEINT shall comply with all applicable DHS terms
and conditions as specified in B.3. Statement of Assurances of the Hazard Mitigation Assistance
Program and Policy Guide dated March 23, 2023.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Agreement, the SUBRECIPIENT certifies that the SUBRECIPIENT
is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in this Agreement by any federal department or agency.
The SUBRECIPIENT shall complete, sign, and return a Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management-
division/grants/requiredgrantforms. Any such form completed by the SUBRECIPIENT for this
Agreement shall be incorporated into this Agreement by reference.
Further, the SUBRECIPIENT agrees to comply with all applicable federal regulations concerning the
federal debarment and suspension system, including 2 CFR Part 180. The SUBRECIPIENT certifies that
it will ensure that potential sub-contractors or sub-recipients or any of their principals are not debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
“covered transactions” by any federal department or agency. “Covered transactions” include
procurement contracts for goods or services awarded under a non-procurement transaction (e.g. grant
or cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards to sub-
recipients for any amount. With respect to covered transactions, the SUBRECIPIENT may comply with
this provision by obtaining a certification statement from the potential sub-contractor or sub-recipient or
by checking the System for Award Management (http://www.sam.gov) maintained by the federal
government. The SUBRECIPIENT also agrees not to enter into any arrangements or contracts with any
party on the Washington State Department of Labor and Industries’ “Debarred Contractor List”
(https://secure.lni.wa.gov/debarandstrike/ContractorDebarList.aspx).
A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the SUBRECIPIENT hereby certifies that to the best of their knowledge
and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the
SUBRECIPIENT to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with this Agreement, grant, loan, or cooperative agreement, the SUBRECIPIENT will complete and
submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
(3) and that, as applicable, the SUBRECIPIENT will require that the language of this certification be
included in the award documents for all subawards at all tiers (including sub-contracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into, and is a prerequisite for making or entering into this transaction imposed by
31 U.S.C. 1352.
A.9 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The SUBRECIPIENT and all its contractors shall comply with, and the DEPARTMENT is not responsible
for determining compliance with, any and all applicable federal, state, and local laws, regulations,
executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:
nondiscrimination laws and/or policies, Equal Employment Opportunity, as amended by Executive Order
11375 of October 13, 1967, as supplemented by Department of Labor regulations (41 CFR chapter 60);
Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29
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CFR Part 3); Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5); Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR part 15);
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as
supplemented by Department of Labor regulations (29 CFR Part 5); Energy Policy and Conservation Act
(PL 94-163, 89 Stat. 871, as amended), the Americans with Disabilities Act (ADA), Age Discrimination
Act of 1975, Title VI of the Civil Rights Act of 1964, Civil rights Act of 1968, the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, (PL 93-288, as amended), Title 44 of the Federal Regulations, 2
CFR Part 3002, Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR
Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12),
State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), State
Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings
for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations.
DEPARTMENT and SUBRECIPIENT agree that all activity pursuant to this Agreement will be in
accordance with all the applicable current federal, state and local laws, rules and regulations.
In the event of the SUBRECIPIENT’s or its contractor’s noncompliance or refusal to comply with any
applicable law, regulation, executive order, OMB Circular or policy, the DEPARTMENT may rescind,
cancel, or terminate the Agreement in whole or in part in its sole discretion.
The SUBRECIPIENT is responsible for all costs or liability arising from its failure to comply with applicable
laws, regulations, executive orders, OMB Circulars or policies.
A.10 CONFLICT OF INTEREST
No officer or employee of the DEPARTMENT; no member, officer, or employee of the SUBRECIPIENT
or its designees or agents; no member of the governing body of the jurisdiction in which the project is
undertaken or located; and no other official of such the SUBRECIPIENT who exercises any functions or
responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary
gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be
performed in connection with the project assisted under this Agreement.
The SUBRECIPIENT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a
provision prohibiting such interest pursuant to this provision.
A.11 CONTRACTING & PROCUREMENT
a. The SUBRECIPIENT shall use a competitive procurement process in the procurement and award of
any contracts with contractors or sub-contractors that are entered into under the original contract award.
The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement
standards through 200.327, Contract Provisions.
As required by Appendix II to 2 CFR Part 200, all contracts entered into by the SUBRECIPIENT under
this Agreement must include the following provisions, as applicable:
1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
2. All contracts in excess of $10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part,
1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order
11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.”
4. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities
must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
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3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal entity must report all
suspected or reported violations to the Federal awarding agency.
5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or SUBRECIPIENT
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or SUBRECIPIENT must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
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1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
10. Procurement of recovered materials -- As required by 2 CFR 200.322, a non-Federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
11. Notice of Federal awarding agency requirements and regulations pertaining to reporting.
12. Federal awarding agency requirements and regulations pertaining to copyrights and rights in data.
13. Access by the DEPARTMENT, the SUBRECIPIENT, the Federal awarding agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of making audit, examination, excerpts, and transcriptions.
14. Retention of all required records for six years after the SUBRECIPIENT has made final payments
and all other pending matters are closed.
15. Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.
L. 94–163, 89 Stat. 871).
16. Pursuant to Executive Order 14005 and Build America, Buy America Act (BABAA) OMB Memo-22-
11, the DEPARTMENT requires that SUBRECIPIENTS shall not use funds made available for a
Federal financial assistance program for infrastructure, unless all of the iron, steel, manufactured
products, and construction materials used in the project are produced in the United States. Any
previously obligated awards may be subject to BABAA requirements if award revisions are made
after January 1, 2023. The Act requires the following Buy America preference:
a. All iron and steel used in the project are produced in the United States. This means all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States; AND
b. All manufactured products used in the project are produced in the United States. This means
the manufactured product was manufactured in the United States, and the cost of the
components of the manufactured product that are mined, produced, or manufactured in the
United States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law
or regulation; AND
c. All construction materials are manufactured in the United States. This means that all
manufacturing processes for the construction material occurred in the United States.
Such requirements must be consistent with the law, including cost and contracting requirements of
2 CFR Part 200. Further guidance on BABAA can be found at: https://www.congress.gov/bill/117th-
congress/house-bill/3684/text.
17. The DEPARTMENT reserves the right to review the SUBRECIPIENT procurement plans and
documents, and require the SUBRECIPIENT to make changes to bring its plans and documents
into compliance with the requirements of 2 CFR Part 200.318 through 2 CFR 200.327. The
SUBRECIPIENT must ensure that its procurement process requires contractors and subcontractors
to provide adequate documentation with sufficient detail to support the costs of the project and to
allow both the SUBRECIPIENT and DEPARTMENT to make a determination on eligibility of project
costs.
18. All sub-contracting agreements entered into pursuant to this Agreement shall incorporate this
Agreement by reference.
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A.12 DISCLOSURE
The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose
not directly connected with the administration of the DEPARTMENT's or the SUBRECIPIENT's
responsibilities with respect to services provided under this Agreement is prohibited except by prior
written consent of the DEPARTMENT or as required to comply with the state Public Records Act, other
law, or court order.
A.13 DISPUTES
Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties
and it cannot be resolved through discussion and negotiation, either party may request a dispute
resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state
the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall
consist of a representative appointed by the DEPARTMENT, a representative appointed by the
SUBRECIPIENT and a third party mutually agreed upon by both parties. The panel shall, by majority
vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and
costs, and share equally the cost of the third panel member.
A.14 DUPLICATION OF BENEFITS
The SUBRECIPIENT agrees that the funds for which federal or state assistance is requested does not,
or will not, duplicate benefits or funds received for the same loss from any other source. The
SUBRECIPIENT will pursue, and require sub-recipients to pursue, full payment of eligible insurance
benefits for properties or any other losses covered in a project under this Agreement. The
SUBRECIPIENT will repay the DEPARTMENT any funds provided under this grant agreement that are
duplicated by other benefits, funds, or insurance proceeds. The SUBRECIPIENT will also seek recovery
against any party or parties whose negligence or other intentional or tortious conduct may have caused
or contributed to the expenditures for which these grants funds are provided. The SUBRECIPIENT will
repay the DEPARTMENT any funds recovered by settlement, judgment or other court order in an action
to recover funds provided by this grant. The SUBRECIPIENT shall notify the DEPARTMENT as early as
possible and work in conjunction with the DEPARTMENT and FEMA to ensure appropriate
apportionment of any duplicated or recovered payment.
A.15 HAZARDOUS SUBSTANCES
The SUBRECIPIENT shall inspect and investigate the proposed development/construction site for the
presence of hazardous substances. The SUBRECIPIENT shall fully disclose to the DEPARTMENT the
results of its inspection and investigation and all other knowledge the SUBRECIPIENT has as to the
presence of any hazardous substances at the proposed development/construction project site. The
SUBRECIPIENT will be responsible for any associated clean-up costs. "Hazardous Substance" is
defined in RCW 70A.305.020.
A.16 LEGAL RELATIONS
It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement
and gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement.
To the extent allowed by law, the SUBRECIPIENT, its successors or assigns, will protect, save and hold
harmless the DEPARTMENT, the State of Washington, and the United States Government and their
authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature
whatsoever by reason of the acts or omissions of the SUBRECIPIENT, its sub-contractors, assigns,
agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out
of or in connection with any acts or activities authorized by this Agreement.
To the extent allowed by law, the SUBRECIPIENT further agrees to defend the DEPARTMENT and the
State of Washington and their authorized agents and employees in any litigation; including payment of
any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection
with acts or activities authorized by this Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be caused by the
sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result
from the concurrent negligence of (1) the DEPARTMENT, and (2) the SUBRECIPIENT, its agents, or
employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of
the SUBRECIPIENT, or SUBRECIPIENT's agents or employees.
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Insofar as the funding source, the DEPARTMENT of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA), is an agency of the federal government, the following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the
exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the
part of a federal agency or an employee of the Federal government in carrying out the provisions of the
Stafford Act.
A.17 LIMITATION OF AUTHORITY – AUTHORIZED SIGNATURE
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement. Only the DEPARTMENT’s Authorized Signature and the Authorized
Signature of the assigned SUBRECIPIENT Agent or Alternate for the SUBRECIPIENT Agent, formally
designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or
waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding unless made in writing and signed
by both parties Authorized Signature representatives. Further, only the Authorized Signature
representative or Alternate for the SUBRECIPIENT shall have authority to sign reimbursement requests,
certification of project completion, time extension requests, amendment and modification requests,
requests for changes to project status, and other requests, certifications and documents authorized by
or required under this Agreement.
A.18 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Agreement and prior to normal completion or end date, the DEPARTMENT
may unilaterally reduce the scope of work and budget or unilaterally terminate or suspend all or part of
the Agreement as a “Termination for Cause” without providing the SUBRECIPIENT an opportunity to
cure. Alternatively, the parties may renegotiate the terms of this Agreement under “Amendments and
Modifications” to comply with new funding limitations and conditions, although the DEPARTMENT has
no obligation to do so.
A.19 NONASSIGNABILITY
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by
the SUBRECIPIENT.
A.20 NONDISCRIMINATION
The SUBRECIPIENT shall comply with all applicable federal and state non-discrimination laws,
regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual
orientation, religion, national origin, marital status, honorably discharged veteran or military status, or
disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to
discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement.
A.21 NOTICES
The SUBRECIPIENT shall comply with all public notices or notices to individuals required by applicable
local, state and federal laws and shall maintain a record of this compliance.
A.22 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The SUBRECIPIENT represents and warrants that its workplace does now or will meet all applicable
federal and state safety and health regulations that are in effect during the SUBRECIPIENT's
performance under this Agreement. To the extent allowed by law, the SUBRECIPIENT further agrees to
indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages
and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against
the DEPARTMENT, as a result of the failure of the SUBRECIPIENT to so comply.
A.23 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The DEPARTMENT makes no claim to any capital facilities or real property improved or constructed with
funds under this Agreement, and by this grant of funds does not and will not acquire any ownership
interest or title to such property of the SUBRECIPIENT. The SUBRECIPIENT shall assume all liabilities
arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the
State of Washington and the United States government harmless from any and all causes of action arising
from the ownership and operation of the project.
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A.24 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or to further the
election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue.
A.25 PRIVACY
Personal information collected, used or acquired in connection with this Agreement shall be used solely
for the purposes of this Agreement. SUBRECIPIENT and its subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without the
express written consent of the DEPARTMENT or as provided by law or court order. SUBRECIPIENT
agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to
personal information.
The DEPARTMENT reserves the right to monitor, audit, or investigate the use of personal information
collected, used or acquired by the SUBRECIPIENT through this Agreement. The monitoring, auditing or
investigating may include but is not limited to “salting” by the DEPARTMENT. Salting is the act of placing
a record containing unique but false information in a database that can be used later to identify
inappropriate disclosure of data contained in the database.
Any breach of this provision may result in termination of the Agreement and the demand for return of all
personal information. The SUBRECIPIENT agrees to indemnify and hold harmless the DEPARTMENT
for any damages related to the SUBRECIPIENT’s unauthorized use, loss or disclosure of personal
information.
For purposes of this provision, personal information includes, but is not limited to, information identifiable
to an individual that relates to a natural person’s health, finances, education, business, use or receipt of
governmental services, or other activities, names, addresses, telephone numbers, social security
numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers and other
identifying numbers.
A.26 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Agreement shall not be used in payment of any bonus or commission
for the purpose of obtaining approval of the application for such assistance or any other approval or
concurrence under this Agreement provided; however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if
otherwise eligible as project costs.
A.27 PUBLICITY
The SUBRECIPIENT agrees to submit to the DEPARTMENT prior to issuance all advertising and
publicity matters relating to this Agreement wherein the DEPARTMENT’s name is mentioned or language
used from which the connection of the DEPARTMENT’s name may, in the DEPARTMENT’s judgment,
be inferred or implied. The SUBRECIPIENT agrees not to publish or use such advertising and publicity
matters without the prior written consent of the DEPARTMENT. The SUBRECIPIENT may copyright
original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part
200.315, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use the work for government purposes.
The SUBRECIPIENT shall include language which acknowledges the funding contribution of the
DEPARTMENT and FEMA to this project in any release or other publication developed or modified for,
or referring to, the project.
Publication resulting from work performed under this Agreement shall include an acknowledgement of
the DEPARTMENT and FEMA’s financial support, by CFDA number, and a statement that the publication
does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.28 RECAPTURE PROVISION
In the event the SUBRECIPIENT fails to expend funds under this Agreement in accordance with
applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the
DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of
noncompliance. Such right of recapture shall exist for the life of the project following Agreement
termination. Repayment by the SUBRECIPIENT of funds under this recapture provision shall occur within
30 days of demand. In the event the DEPARTMENT is required to institute legal proceedings to enforce
the recapture provision, the DEPARTMENT shall be entitled to its costs and expenses thereof, including
attorney fees.
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A.29 RECORDS AND REPORTS
a. The SUBRECIPIENT agrees to maintain all books, records, documents, receipts, invoices and all
other electronic or written records necessary to sufficiently and properly reflect the SUBRECIPIENT's
contracts, subawards, grant administration, and payments, including all direct and indirect charges,
and expenditures in the performance of this Agreement (the “records”).
b. The SUBRECIPIENT's records related to this Agreement and the projects funded may be inspected
and audited by the DEPARTMENT or its designee, by the Office of the State Auditor, DHS, FEMA or
their designees, by the Comptroller General of the United States or its designees, or by other state
or federal officials authorized by law, for the purposes of determining compliance by the
SUBRECIPIENT with the terms of this Agreement and to determine the appropriate level of funding
to be paid under the Agreement.
c. The records shall be made available by the SUBRECIPIENT for such inspection and audit, together
with suitable space for such purpose, at any and all times during the SUBRECIPIENT's normal
working day.
d. The SUBRECIPIENT shall retain and allow access to all records related to this Agreement and the
funded project(s) for a period of at least six (6) years following final payment and closure of the grant
under this Agreement. Despite the minimum federal retention requirement of three (3) years, the
more stringent State requirement of six (6) year must be followed.
A.30 RECOVERY OF FUNDS
Any person who intentionally causes a condition for which funds are provided under this Agreement shall
be liable for the costs incurred by the state and federal governments in responding to such disaster. In
addition to its own duty to recover duplicated funds or funds expended due to the intentional or negligent
actions of others. SUBRECIPIENT will cooperate in a reasonable manner with the DEPARTMENT and
the United States in efforts to recover expenditures under this Grant Agreement.
A.31 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the DEPARTMENT undertakes to assist the SUBRECIPIENT with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Agreement, the project itself remains
the sole responsibility of the SUBRECIPIENT. The DEPARTMENT undertakes no responsibility to the
SUBRECIPIENT, or to any third party, other than as is expressly set out in this Agreement.
The responsibility for the design, development, construction, implementation, operation and maintenance
of the project, as these phrases are applicable to this project, is solely that of the SUBRECIPIENT, as is
responsibility for any claim or suit of any nature by any third party related in any way to the project.
Prior to the start of any construction activity, the SUBRECIPIENT shall ensure that all applicable Federal,
State, and local permits and clearances are obtained, including but not limited to FEMA compliance with
the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species
Act, and all other environmental laws and executive orders.
The SUBRECIPIENT shall defend, at its own cost, any and all claims or suits at law or in equity, which
may be brought against the SUBRECIPIENT in connection with the project. The SUBRECIPIENT shall
not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents,
for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense
and/or attorneys’ fees, in connection with any claim or lawsuit brought by any third party related to any
design, development, construction, implementation, operation and/or maintenance of a project.
A.32 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application
to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions
of the Agreement, which can be given effect without the invalid provision. To this end, the terms and
conditions of this Agreement are declared severable.
A.33 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities as subrecipients that expend $750,000 or more in one fiscal year of federal funds
from all sources, direct and indirect, are required to have a single or a program-specific audit conducted
in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year
in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR
Part 200 Subpart F. As defined in 2 CFR Part 200, the term “non-federal entity” means a State, local
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government, Indian Tribe, institution of higher education, or non-profit organization that carries out a
federal award as a recipient or SUBRECIPIENT.
SUBRECIPIENTs that are required to have an audit must ensure the audit is performed in accordance
with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing
Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB
Compliance Supplement. The SUBRECIPIENT has the responsibility of notifying its auditor and
requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State
Auditor’s Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate.
Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200 Subpart F.
The SUBRECIPIENT shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any SUBRECIPIENTS or contractors also maintain auditable records.
The SUBRECIPIENT is responsible for any audit exceptions incurred by its own organization or that of
its subcontractors. Responses to any unresolved management findings and disallowed or questioned
costs shall be included with the audit report.
The SUBRECIPIENT must respond to DEPARTMENT requests for information or corrective action
concerning audit issues or findings within 30 days of the date of request. The DEPARTMENT reserves
the right to recover from the SUBRECIPIENT all disallowed costs resulting from the audit.
Once the single audit has been completed and includes and audit findings, the SUBRECIPIENT must
send a full copy of the audit to the DEPARTMENT and its corrective action plan no later than nine (9)
months after the end of the SUBRECIPIENT’s fiscal year(s) to:
Contracts.Office@mil.wa.gov
Subject: City of Auburn, Single Audit and Corrective Action Plan
OR
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
If Contractor claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the
SUBRECIPIENT must send a letter identifying this Agreement and explaining the criteria for exemption
no later than nine (9) months after the end of the SUBRECIPIENT’s fiscal year(s) to the address listed
above.
The DEPARTMENT retains the sole discretion to determine whether a valid claim for an exemption
from the audit requirements of this provision has been established.
The SUBRECIPIENT shall include the above audit requirements in any subawards.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart F is a material
requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements
of 2 CFR Part 200 Subpart F, the SUBRECIPIENT’s failure to comply with said audit requirements may
result in one or more of the following actions in the DEPARTMENT’s sole discretion: a percentage of
federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F;
the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is
conducted and submitted; or termination of the federal award.
A.34 SUBRECIPIENT NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Agreement. The
SUBRECIPIENT, and/or employees or agents performing under this Agreement are not employees or
agents of the DEPARTMENT in any manner whatsoever. The SUBRECIPIENT will not be presented as
nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of
this Agreement, nor will the SUBRECIPIENT make any claim, demand, or application to or for any right
or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by
reason of this Agreement, including, but not limited to, Workmen's Compensation coverage,
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unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege
or benefit which would accrue to a civil service employee under Chapter 41.06 RCW.
It is understood that if the SUBRECIPIENT is another state department, state agency, state university,
state college, state community college, state board, or state commission, that the officers and employees
are employed by the State of Washington in their own right and not by reason of this Agreement.
A.35 TAXES, FEES AND LICENSES
Unless otherwise provided in this Agreement, the SUBRECIPIENT shall be responsible for, pay and
maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit
charges and expenses of any other kind for the SUBRECIPIENT or its staff required by statute or
regulation that are applicable to Agreement performance.
A.36 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Agreement, the SUBRECIPIENT may terminate this Agreement
by providing written notice of such termination to the DEPARTMENTs Key Personnel identified in the
Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date.
Except as otherwise provided in this Agreement, the DEPARTMENT, in its sole discretion and in the best
interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten
(10) calendar days written notice, beginning on the second day after e-mailing to the SUBRECIPIENT.
Upon notice of termination for convenience, the DEPARTMENT reserves the right to suspend all or part
of the Agreement, withhold further payments, or prohibit the SUBRECIPIENT from incurring additional
obligations of funds. In the event of termination, the SUBRECIPIENT shall be liable for all damages as
authorized by law. The rights and remedies of the DEPARTMENT provided for in this section shall not
be exclusive and are in addition to any other rights and remedies provided by law.
A.37 TERMINATION OR SUSPENSION FOR CAUSE
In the event the DEPARTMENT, in its sole discretion, determines the SUBRECIPIENT has failed to fulfill
in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition
so as to endanger performance hereunder, is in violation of any laws or regulations that render the
SUBRECIPIENT unable to perform any aspect of the Agreement, or has violated any of the covenants,
agreements or stipulations of this Agreement, the DEPARTMENT has the right to immediately suspend
or terminate this Agreement in whole or in part.
The DEPARTMENT may notify the SUBRECIPIENT in writing of the need to take corrective action and
provide a period of time in which to cure. The DEPARTMENT is not required to allow the SUBRECIPIENT
an opportunity to cure if it is not feasible as determined solely within the DEPARTMENT’s discretion. Any
time allowed for cure shall not diminish or eliminate the SUBRECIPIENT’s liability for damages or
otherwise affect any other remedies available to the DEPARTMENT. If the DEPARTMENT allows the
SUBRECIPIENT an opportunity to cure, the DEPARTMENT shall notify the SUBRECIPIENT in writing of
the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or
as otherwise specified by the DEPARTMENT, or if such corrective action is deemed by the
DEPARTMENT to be insufficient, the Agreement may be terminated in whole or in part.
The DEPARTMENT reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the SUBRECIPIENT from incurring additional obligations of funds during investigation of the
alleged compliance breach, pending corrective action by the SUBRECIPIENT, if allowed, or pending a
decision by the DEPARTMENT to terminate the Agreement in whole or in part.
In the event of termination, the SUBRECIPIENT shall be liable for all damages as authorized by law,
including but not limited to, any cost difference between the original Agreement and the replacement or
cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of
administering the competitive solicitation process, mailing, advertising and other associated staff time.
The rights and remedies of the DEPARTMENT provided for in this section shall not be exclusive and are
in addition to any other rights and remedies provided by law.
If it is determined that the SUBRECIPIENT: (1) was not in default or material breach, or (2) failure to
perform was outside of the SUBRECIPIENT’s control, fault or negligence, the termination shall be
deemed to be a “Termination for Convenience”.
A.38 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the DEPARTMENT terminates this Agreement, the
SUBRECIPIENT shall follow any procedures specified in the termination notice. Upon termination of this
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Agreement and in addition to any other rights provided in this Agreement, the DEPARTMENT may require
the SUBRECIPIENT to deliver to the DEPARTMENT any property specifically produced or acquired for
the performance of such part of this Agreement as has been terminated.
If the termination is for convenience, the DEPARTMENT shall pay to the SUBRECIPIENT the agreed
upon price, if separately stated, for properly authorized and completed work and services rendered or
goods delivered to and accepted by the DEPARTMENT prior to the effective date of Agreement
termination, and the amount agreed upon by the SUBRECIPIENT and the DEPARTMENT for (i)
completed work and services and/or equipment or supplies provided for which no separate price is stated,
(ii) partially completed work and services and/or equipment or supplies provided which are accepted by
the DEPARTMENT, (iii) other work, services and/or equipment or supplies which are accepted by the
DEPARTMENT, and (iv) the protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this
Agreement. If the termination is for cause, the DEPARTMENT shall determine the extent of the liability
of the DEPARTMENT. The DEPARTMENT shall have no other obligation to the SUBRECIPIENT for
termination. The DEPARTMENT may withhold from any amounts due the SUBRECIPIENT such sum as
the DEPARTMENT determines to be necessary to protect the DEPARTMENT against potential loss or
liability.
The rights and remedies of the DEPARTMENT provided in this Agreement shall not be exclusive and are
in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the DEPARTMENT in writing,
the SUBRECIPIENT shall:
a. Stop work under the Agreement on the date, and to the extent specified, in the notice;
b. Place no further orders or sub-contracts for materials, services, supplies, equipment and/or
facilities in relation to this Agreement except as may be necessary for completion of such portion
of the work under the Agreement as is not terminated;
c. Assign to the DEPARTMENT, in the manner, at the times, and to the extent directed by the
DEPARTMENT, all of the rights, title, and interest of the SUBRECIPIENT under the orders and
sub-contracts so terminated, in which case the DEPARTMENT has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and sub-
contracts, with the approval or ratification of the DEPARTMENT to the extent the DEPARTMENT
may require, which approval or ratification shall be final for all the purposes of this clause;
e. Transfer title to the DEPARTMENT and deliver in the manner, at the times, and to the extent
directed by the DEPATMENT any property which, if the Agreement had been completed, would
have been required to be furnished to the DEPARTMENT;
f. Complete performance of such part of the work as shall not have been terminated by the
DEPARTMENT in compliance with all contractual requirements; and
g. Take such action as may be necessary, or as the DEPARTMENT may require, for the protection
and preservation of the property related to this Agreement which is in the possession of the
SUBRECIPIENT and in which the DEPARTMENT has or may acquire an interest.
A.39 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The SUBRECIPIENT shall comply with 2 CFR §200.321 and will take all necessary affirmative steps to
assure that minority firms, women's business enterprises, and labor surplus area firms are used when
possible and will take all necessary affirmative steps to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this Agreement. The following steps are
required by the SUBRECIPIENT if any contracts with contractors or sub-contractors are entered into
under the original contract award:
a. Placing qualified small and minority businesses and women’s business enterprises on solicitation
lists;
b. Assuring that small and minority businesses, and women’s business enterprises are solicited
whenever they are potential sources;
c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women’s business enterprises;
d. Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority businesses, and women’s business enterprises; and
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e. Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
The SUBRECIPIENT may also set utilization standards, based upon local conditions or may utilize the
State of Washington MWBE goals, as identified in. WAC 326-30-041.
A.40 VENUE
This Agreement shall be construed and enforced in accordance with, and the validity and performance
shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising
out of this Agreement shall be the Superior Court of Thurston County, Washington. The SUBRECIPIENT,
by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington.
A.41 WAIVERS
No conditions or provisions of this Agreement can be waived unless approved in advance by the
DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision
of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any
performance during such breach, shall not constitute a waiver of any right under this Agreement.
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Attachment 3
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
SUBRECIPIENT: City of Auburn
PROJECT TITLE: Reservoir 2 Seismic Control Valve
The purpose of this project is for City of Auburn :
To install a seismic control valve at the City of Auburn’s Reservoir 2. Reservoir 2 stores 3.6 million gallons of
drinking water. It serves as one of the main sources of potable water for 33,635 people. In the event of an
earthquake, the seismic valve will automatically shut, preventing water from escaping through ruptured pipelines.
This safeguard will protect the water supply, as well as help prevent flooding caused by pipeline leaks. The
project design phase will include a seismic evaluation to confirm that Reservoir 2 does not require additional
retrofits. Any necessary additional seismic retrofits identified in the study will be prioritized for future mitigation
action. The seismic valve will be installed to the northwest of the reservoir, beneath a section of the parking lot
at 32115 195th PL SE, Auburn, WA 98092 between Buildings A and B. The ground disturbance area for this
project will be approximately 25’ x 25’ and 10’ deep, with a total volume of approximately 6,250 cubic feet. The
controls for the seismic valve will be integrated into the City’s SCADA system.
A specific and more detailed scope of work is found in the FEMA approved Project Application EMS-2021-BR-
044-0009, which is incorporated herein by reference.
City of Auburn Agrees To:
1. Comply with the terms of this Agreement and all Attachments, including but not limited to, accomplish tasks
and conditions outlined in the Statement of Work And/Or Description of Project (Attachment 3), comply with
the Project Development Schedule-Attachment 4, and comply with the Project Budget (Attachment 5).
2. Submit quarterly reports that cover the previous three months no later than the 15th of the following month
(or the next work day) in January, April, July and October until all requirements are fulfilled. Quarterly reports
are required regardless of the level of work completed during the reporting period. Quarterly reports must
include sufficient narrative to determine the degree to which the project has been implemented, the estimated
time for completion, and significant developments such as delays or adverse conditions that might raise costs
or delay completion, as well as favorable conditions allowing lower costs or earlier completion. Failure of the
SUBRECIPIENT to submit a complete quarterly report within 15 days following the end of the quarter will
result in suspension of all payments until a complete quarterly report is received by the DEPARTMENT.
SUBRECIPIENT is required to return all final closeout documentation to the DEPARTMENT within 45 days
following the Period of Performance End Date determined by FEMA’s Notice of Award. The DEPARTMENT
reserves the right to withhold the final reimbursement request until final closeout documentation is submitted
by the SUBRECIPIENT to the satisfaction of the DEPARTMENT. No final reimbursements shall be paid if
submitted more than 60 days after the Period of Performance End Date.
3. Submit pen-and-ink signed, approved invoice vouchers (state form A-19) for eligible, reimbursable work
completed, no more frequently than monthly and no less frequently than quarterly. Each billing must identify
the task(s) completed and any other funding identification pertinent to the task(s), including match.
Supporting documentation is required for all costs, to include tracking of staff time spent on the project
through timesheets or other documentation approved by the DEPARTMENT; dated invoices from all
contractors and subcontractors for work completed; dated invoices for goods and services purchased; and
documentation tracking in-kind contributions of personnel, equipment and supplies, if used on the project.
Project costs must be tracked and reported by approved budget cost categories as found in Project Budget,
Attachment 5. Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19, along with documentation to substantiate all
project costs.
4. Return by DEPARTMENT staff of invoices to the SUBRECIPIENT if the SUBRECIPIENT is unable to provide
sufficient documentation to staff within 15 calendar days of the staff’s written request for additional
documentation to support the reimbursement request.
5. Submit a signed final project report before final reimbursement is made by the DEPARTMENT.
6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
In completing this project, the SUBRECIPIENT must adhere to the following programmatic, environmental
and historic preservation conditions:
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a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible
as long as they do not change the nature or total project cost of the activity, properties identified in the
application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0.
Requests must be supported by adequate justification, including a description of the proposed change;
a written explanation of the reason or reasons for the change; an outline of remaining funds available to
support the change; and a full description of the work necessary to complete the activity.
A proposed change to the approved Scope of Work (as presented in the FEMA approved project
application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re-
evaluation for compliance with National Environmental Policy Act (NEPA) and other Laws and Executive
Orders. Prior approval for a change to the approved Scope of Work must be obtained from the
DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a
revised Scope of Work could result in ineligibility of resulting costs.
b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate
federal, state and local environmental permits and clearances may jeopardize federal funding provided
by this Agreement.
c. Ensure that all completed work is in compliance with applicable state and local buildings codes and flood
damage prevention legislation.
d. Monitor site work during ground-disturbing activities for evidence of potential archaeological resources
that are uncovered. SUBRECIPIENT must halt the project in the event historically or archaeologically
significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence
may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and
features such as fire pits or structural elements. All reasonable measures must be taken to avoid or
minimize harm to such resources until such time as the SUBRECIPIENT notifies the DEPARTMENT,
and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native
American tribes, determines appropriate measures have been taken to ensure that the project is in
compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal
remains, the SUBRECIPIENT is required by state law to notify the county coroner and local law
enforcement in the most expeditious manner possible and to immediately stop any activity which may
cause further ground disturbance.
e. Determine the presence of hazardous materials and/or toxic waste, and identifying, handling, managing,
abating and disposing of such materials in accordance with the requirements and to the satisfaction of
the governing local, state and federal agencies, including but not limited to the Washington Department
of Ecology. Such materials may include, but are not limited to, asbestos, lead-based paint, propane
cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of
pesticides, lead-acid batteries, items containing chlorofluorocarbons (CFCs), motor oil and used oil filters,
and unlabeled tanks or containers.
f. Conduct work during the non-flood season as determined by the local floodplain administrator. However,
should construction be required during the flood season, as determined by the local floodplain
administrator, all construction equipment shall be staged in an area not susceptible to flood events or be
readily transportable out of the floodplain to minimize flood damage.
g. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or
disposed of in a floodplain and/or a wetland.
h. Confirm with the State Department of Ecology whether this project will require a consistency
determination under the Coastal Zone Management Act. If required, the SUBRECIPIENT shall obtain
and comply with all requirements of the determination prior to starting the project.
i. Select, implement, monitor, and maintain Best Management Practices (BMPs) to control soil erosion and
sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be
stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from
transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the
existing building footprint area and not beyond undisturbed portions of the site.
j. Resubmit the project to the DEPARTMENT and FEMA prior to implementation if any in-water work will
occur or if any work will occur below the ordinary high water mark of any water resource in the area, so
further coordination/consultation can take place with the National Marine Fisheries Service (NMFS) to
determine whether appropriate measures have been taken to ensure the project is in compliance with
the Endangered Species Act.
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k. Resubmit the project to the DEPARTMENT and FEMA for re-evaluation for compliance with national
environmental policies if the “Project Limits” (including clearing, excavation, temporary staging,
construction, and access areas) extend into: 1) an area not previously identified for environmental and
historic preservation review, or 2) previously undisturbed ground. Additionally, all work on the project in
these areas must stop until this re-evaluation is completed.
l. National Historic Preservation Act Section 106 requirement: All proposed repair and construction
activities on buildings listed in or eligible for the National Register of Historic Places (historic properties)
should be done in-kind to match existing materials and form. In-kind means that the result of the
proposed activities will match all physical and visual aspects of existing historic materials, including form,
color and workmanship. In-kind mortar also will match the strength and joint tooling of existing historic
mortar.
m. Additional requirements as noted by FEMA in grant award document:
a. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and
other Laws and Executive Orders.
b. This review does not address all federal, state and local requirements. Acceptance of federal funding
requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate
federal, state, and local environmental permits and clearances may jeopardize federal funding.
c. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and
if any potential archeological resources are discovered, will immediately cease construction in that
area and notify the State and FEMA.
n. Cost overruns in excess of the approval budget are fully the responsibility of the SUBRECIPIENT,
including those costs resulting from a change in the Scope of Work. The project must remain cost
effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost overrun.
7. SPECIAL FLOOD HAZARD AREA REQUIREMENTS
Pursuant to the Flood Disaster Protection Act of 1973, those structures that remain in the Special Flood
Hazard Area (SFHA) after the implementation of the mitigation project, flood insurance must be maintained
for the life of the structure. The SFHA is defined as the land in the floodplain within a community subject to
a 1 percent or greater chance of flooding in any given year.
The following National Flood Insurance Program Eligibility Requirements contained in the 2023 Hazard
Mitigation Assistance Program and Policy Guide apply to any project involving the alteration of existing
structures, to include Mitigation Reconstruction projects that are sited within an SFHA.
a. When the project is implemented, all structures that will not be demolished or relocated out of the SFHA
must be covered by a National Flood Insurance Program (NFIP) flood insurance policy to an amount at
least equal to the project cost or to the maximum limit of coverage made available with respect to the
particular property, whichever is less.
b. The SUBRECIPIENT (or property owner) must legally record with the county or appropriate jurisdiction’s
land records agency a notice that includes the name of the current property owner (including book/page
reference to record of current title, if readily available), a legal description of the property, and the
following notice of flood insurance requirements as identified on page 244 of the 2023 Hazard Mitigation
Assistance Program and Policy Guide:
“This property has received Federal hazard mitigation assistance. Federal law requires that flood
insurance coverage on this property must be maintained during the life of the property regardless of
transfer of ownership of such property. Pursuant to 42 U.S.C. § 5154a, failure to maintain flood
insurance on this property may prohibit the owner from receiving Federal disaster assistance with
respect to this property in the event of a flood disaster. The Property Owner is also required to
maintain this property in accordance with the floodplain management criteria of 44 CFR § 60.3 and
City/County Ordinance.”
c. Copies of the recorded notices for each property will be provided to the DEPARTMENT at project
closeout.
8. PROVISIONS APPLYING ONLY TO ACQUISITION OF PROPERTIES FOR OPEN SPACE
a. The SUBRECIPIENT must ensure that prospective participants are informed in writing that property
owner participation in this acquisition program is voluntary and that the SUBRECIPIENT will not use its
eminent domain authority to acquire the property for the project purposes should negotiations fail.
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Copies of the Statement of Voluntary Participation signed by each participating property owner will be
provided to the DEPARTMENT by project close-out.
b. The SUBRECIPIENT agrees that land acquired for open space purposes under this grant will be
restricted in perpetuity to open space uses and will be unavailable for the construction of flood damage
reduction levees, transportation facilities, and other incompatible purposes and agrees to comply with
the requirements of 44 CFR Part 80 Property Acquisition and Relocation for Open Space.
c. The SUBRECIPIENT agrees to prepare, execute and record Deed Restrictions for each affected property
utilizing the current Model Deed Restriction provided on the FEMA website or available from the
DEPARTMENT.
Copies of the recorded deed and attached deed restrictions for each property will be provided to the
DEPARTMENT by project close-out.
d. The SUBRECIPIENT accepts all of the requirements of the deed restriction governing the use of the land.
e. The SUBRECIPIENT ensures that, prior to acquisition of the property, in consultation with the U.S. Army
Corps of Engineers, it has addressed and considered the potential future use of these lands for the
construction of flood damage reduction levees, has rejected consideration of such measures in the future
in the project area, and instead has chosen to proceed with acquisition of permanent open space.
Documentation of this consultation and the SUBRECIPIENT’s consideration of this issue will be provided
to the DEPARTMENT by project close-out.
f. The SUBRECIPIENT must, prior to acquisition of the property, consult with the Washington State
Department of Transportation to ensure that no future planned improvements or enhancements are under
consideration that will affect the proposed project area.
Documentation of this consultation will be provided to the DEPARTMENT by project close-out.
g. The SUBRECIPIENT will remove existing buildings from acquired properties within 90 days of settlement.
The SUBRECIPIENT will provide confirmation to the DEPARTMENT as to the date of demolition of each
structure included in the project in its quarterly reports, as well as confirmation that the property has been
returned to “natural” or park/open space condition.
The SUBRECIPIENT will provide digital latitude and longitude coordinates and digital photographs of
each property site after project implementation to the DEPARTMENT by project close-out.
h. The SUBRECIPIENT agrees to complete FEMA Form AW-501, NFIP Repetitive Loss Update Worksheet
for each property identified on FEMA’s Repetitive Loss list to document completion of mitigation on the
property. The form is available on FEMA’s Web site or available from the DEPARTMENT.
The SUBRECIPIENT will provide a copy of the completed form to the DEPARTMENT by project close-
out.
i. The SUBRECIPIENT agrees to comply with the requirements of 44 CFR § 80.19 Land Use and Oversight,
which are incorporated into these conditions by reference. These requirements include, but are not
limited to, the following (which are described further in the 2023 Hazard Mitigation Assistance Program
and Policy Guide which are incorporated herein by reference):
1. Restriction on future disaster assistance for damages to the property.
2. Lists of allowable open space uses as well as uses generally not allowed on acquired open space
land.
3. Provision for salvage of pre-existing structures and paved areas.
4. Requirements pertaining to future transfer of property interest.
5. Requirement for SUBRECIPIENT monitoring and inspection of the acquired property at least
every 3 years. The SUBRECIPIENT will provide the DEPARTMENT with a report on the result
of the inspection within 90 days of the inspection.
6. Provisions for enforcement of violation of open space requirements.
The Military Department Agrees To:
1. Provide staff coordination and input regarding grant administration for funding and technical assistance for
project and reviews for mitigation construction projects, as necessary.
2. Except as otherwise provided in Article II, A.4, of this Agreement, reimburse City of Auburn within 45 days of
receipt and approval of signed, dated invoice voucher(s) (state form A-19) with sufficient documentation of
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Mitigation Project Grant Agreement – REV 8/8/23 Page 30 of 32 City of Auburn, D24-051
costs to include completion of tasks to date and dated invoices for goods and services purchased. Costs
must be categorized according to the budget item and cost classification shown in the Project Budget,
Attachment 5. The DEPARTMENT will return invoices to the SUBRECIPIENT if the SUBRECIPIENT is
unable to provide sufficient documentation within 15 calendar days of the DEPARTMENT’s request for
additional documentation to support the reimbursement request. Any reimbursement requests that are
returned to the SUBRECIPIENT and are not returned within the 15 calendar days will be required to submit
a revised reimbursement request with a new signature and date.
3. Coordinate with the staff of City of Auburn to schedule any sub-recipient monitoring, site visits or final
inspections by DEPARTMENT staff.
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Mitigation Project Grant Agreement – REV 8/8/23 Page 31 of 32 City of Auburn, D24-051
Attachment 4
PROJECT DEVELOPMENT SCHEDULE
SUBRECIPIENT: City of Auburn
PROJECT TITLE: Reservoir 2 Seismic Control Valve
DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE (months)
Consultant Selection/Contract Execution 3
Design 13
Permitting 15
Bid Project/Execute Construction Contract 17
Project Construction 23
Project Inspection and Closeout 29
Total Time Required to Complete This Project: 29 months
Quarterly Reports Due on Project Progress, Final
Project Report and all documentation, site visits and
inspections.
April 15, 2024;
July 15, 2024;
October 15, 2024;
January 15, 2025;
April 15, 2025;
July 15, 2025;
October 15, 2025;
January 15, 2026;
April 15, 2026;
July 15, 2026
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Mitigation Project Grant Agreement – REV 8/8/23 Page 32 of 32 City of Auburn, D24-051
Attachment 5
PROJECT BUDGET
SUBRECIPIENT: City of Auburn
PROJECT TITLE: Reservoir 2 Seismic Control Valve
APPROVED BUDGET CATEGORY ESTIMATED COST
Project Inspection Fees $6,000.00
Construction $822,500.00
Architectural & Engineering Fees $338,400.00
Other Architectural & Engineering Fees
(Seismic) $283,100.00
Project Total $1,450,000.00
SubMC – This category is restricted to
eligible grant administration costs,
including indirect costs, and is limited to
5% of eligible project expenditures. The
amount shown here reflects the maximum
amount available, based on the approved
project budget.
$0.00
TOTAL (Project Total + SubMC): $1,450,000.00
Tracking and Reporting Project Costs: Project expenses for which reimbursement is
sought must be tracked and reported by approved budget cost categories, above.
Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19. Supporting documentation of
all costs shall include, but not be limited to: tracking of staff time spent on the project
through timesheets or other similar documentation; dated invoices from contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and
documentation of in-kind contributions of personnel, equipment and supplies.
Final Payment: Final payment of any remaining, or withheld, funds will be made upon
submission by the SUBRECIPIENT within 60 days of completion of the project of the
final report and an A-19, Voucher Distribution, and completion of all final inspections by
the DEPARTMENT. Final payment also may be conditioned upon a financial review, if
determined necessary by the DEPARTMENT. Adjustments to the final payment may be
made following any audits conducted by the DEPARTMENT, Washington State Auditor's
Office, the United States Inspector General, or their authorized representatives.
Per 2023 Hazard Mitigation Assistance Program and Policy Guide, no cost overruns will be funded. If
costs exceed the maximum amount of FEMA funding approved, the SUBRECIPIENT shall pay the costs
in excess of the approved budget.
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Reservoir 2 Seismic Control Valve project Printed On: 4/19/2024
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:45140450900
ft
WGS84 Web Mercator (Auxiliary Sphere)
Project Location
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