HomeMy WebLinkAbout01-21-2025 Agenda * City Council
CITY OF Regular Meeting
UB AURN January 21, 2025 - 7:00 PM
City Hall Council Chambers
WASHINGTON
AGENDA
CALL TO ORDER
LAND ACKNOWLEDGEMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian 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.
PUBLIC PARTICIPATION
A. The Auburn City Council Meeting scheduled for Tuesday, January 21, 2025 at 7:00 p.m.
will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.voutube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the number below or click the link:
Telephone: 253 215 8782
Toll Free: 888 475 4499
Zoom: https://us06web.zoom.us/i/84912848917
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Martin Luther King Jr. Day
Mayor Backus to proclaim January 20, 2025, as "Martin Luther King Jr. Day" in the City of
Auburn
APPOINTMENTS
A. Airport Advisory Board
City Council to approve the appointment of Gregory Ramig to the Airport Advisory Board
for a three-year term expiring December 31, 2027
(RECOMMENDED ACTION: Move to approve the appointment of Gregory Ramig to
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the Airport Advisory Board, for a three-year term to expire December 31, 2027.)
B. Arts Commission
City Council to approve the appointments of Andrea Dailey and Dr. Carol Danner to the
Arts Commission for a three-year term expiring December 31, 2027
(RECOMMENDED ACTION: Move to approve the appointments Andrea Dailey and
Dr. Carol Danner to the Arts Commission, for a three-year term to expire December
31, 2027.)
C. Business Improvement Area (BIA) Committee
City Council to approve the reappointments of Darren Jones, Ronnie Roberts, and John
Rottle to the BIA Committee for a three-year term expiring December 31, 2027
(RECOMMENDED ACTION: Move to approve the reappointments of Darren Jones,
Ronnie Roberts, and John Rottle to the BIA Committee for a three-year term expiring
December 31, 2027.)
D. Planning Commission
City Council to approve the reappointment of Kent Sprague to the Planning Commission
for a three-year term expiring December 31, 2027
(RECOMMENDED ACTION: Move to approve the reappointment of Kent Sprague to
the Planning Commission for a three-year term expiring December 31, 2027.)
E. Transportation Advisory Board
City Council to approve the appointment of Janice Bellinger to the Transportation Advisory
Board, for the Senior (55+) Resident position for a three-year term expiring December 31,
2027
(RECOMMENDED ACTION: Move to approve the appointment of Janice Bellinger to
the Transportation Advisory Board, for the Senior (55+) Resident position for a
three-year term expiring December 31, 2027.)
AGENDA MODIFICATIONS
PUBLIC HEARINGS
A. Public Hearing for City of Kent Franchise Agreement No. FRN24-0003 (Gaub)
A Public Hearing to consider Franchise Agreement No. FRN24-0003 for City of Kent Water
Facilities
B. Public Hearing for Resolution No. 5799 - Development Agreement (Krum)
A Public Hearing to consider a Development Agreement with Portofino Group I, LLC
AUDIENCE PARTICIPATION
This is the place on the agenda where the public is invited to speak to the City Council on any issue.
A. The 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
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words or less.
Please mail written comments to:
City of Auburn
Attn: Hannah Scholl, Acting City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Hannah Scholl, Acting City Clerk
Fax number: 253-804-3116
Email written comments to: publiccomment(c�auburnwa.gov
If an individual requires 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 accommodation to be able to provide a remote oral comment by contacting the
City Clerk's Office in person, by phone (253) 931-3039, or by email
(publiccomment(c�auburnwa.gov).
CORRESPONDENCE
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be routine and will be
enacted by one motion in the form listed.
A. Minutes from the December 16, 2024, City Council Meeting
B. Claims Vouchers (Thomas)
Claims voucher list dated December 31, 2024 which includes voucher numbers 478436
through voucher 478621, in the amount of $6,135,339.49, twelve electronic fund transfers
in the amount of $5,597.38 and nine wire transfers in the amount of $7,560,605.46
Claims voucher list dated January 15, 2025 which includes voucher numbers 478622
through voucher 478676, voucher 478678 through voucher 478797 and voucher 478799 in
the amount of $9,741,177.26, six electronic fund transfers in the amount of$2,203.83 and
one wire transfer in the amount of $809,556.32
C. Claims Vouchers (Thomas)
Claims voucher list dated January 15, 2025 which includes voucher number 478677, in the
amount of$1,633.28, and voucher number 478798, in the amount of$2,500.00
D. Payroll Voucher (Thomas)
Payroll check numbers 539630 through 539632 in the amount of$676,833.24, electronic
deposit transmissions in the amount of$2,719,630.29, for a grand total of $3,396,463.53
for the period covering December 12, 2024 to December 25, 2024
Payroll check numbers 539633 through 539639 in the amount of$83,575.56, electronic
deposit transmissions in the amount of$2,709,919.65, also a special payroll for sick leave
cashout payroll check number 539640 through 539640 in the amount of $703.86 and
electronic deposit transmission in the amount of $22,627.48 for a grand total of
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$2,816,826.55 for the period covering December 26, 2024 to January 15, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
UNFINISHED BUSINESS
NEW BUSINESS
ORDINANCES
A. Ordinance No. 6965 (Whalen)
An Ordinance relating to the burden of proof in Dangerous Dog Appeals, and amending
Section 2.46.120 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6965.)
B. Ordinance No. 6966 (Whalen)
An Ordinance relating to bases for eviction from rental housing, and repealing Section
5.23.070 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6966.)
RESOLUTIONS
A. Resolution No. 5799 (Krum)
A Resolution authorizing the Mayor to execute a Development Agreement between the
City of Auburn and Portofino Investment Group I LLC, to Govern the Future Development
of King County Parcel Numbers 1085623960, 1085623970, 1085623980, And 1085623990
(RECOMMENDED ACTION: Move to adopt Resolution No. 5799.)
B. Resolution No. 5802 (Whalen)
A Resolution authorizing the Mayor to execute an agreement between the City of Auburn
and Utopia Landscaping, LLC for Landscaping Services
(RECOMMENDED ACTION: Move to adopt Resolution No. 5802.)
C. Resolution No. 5805 (Admin)
A Resolution authorizing the Mayor to execute a Conservation Grant Agreement between
the City of Auburn and Puget Sound Energy
(RECOMMENDED ACTION: Move to adopt Resolution No. 5805.)
D. Resolution No. 5807 (Gaub)
A Resolution authorizing the Mayor to execute and administer agreements accepting
grants from the Washington State Department of Transportation and Federal Highway
Administration for 3 Projects: 1) A Street SE Preservation (37th Street SE to Lakeland Hills
Way), 2) 1st Street NE/NW And N Division Street Pedestrian Improvements, and 3) C
Street SW Preservation (GSA Signal to Ellingson Rd SE)
(RECOMMENDED ACTION: Move to adopt Resolution No. 5807.)
E. Resolution No. 5808 (Caillier)
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A Resolution authorizing the Mayor to accept a Grant Award from the Office of the Attorney
General of Washington
(RECOMMENDED ACTION: Move to adopt Resolution No. 5808.)
F. Resolution No. 5809 (Caillier)
A Resolution authorizing the Mayor to enter a contract with Flock Group, Inc for the
installation of Traffic Safety Cameras
(RECOMMENDED ACTION: Move to adopt Resolution No. 5809.)
MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with their
appointed positions on federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.Qov).
Page 5 of 144
*
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Public Hearing for City of Kent Franchise Agreement No. FRN24-0003 January 21, 2025
(Gaub)
A Public Hearing to consider Franchise Agreement No. FRN24-0003 for
City of Kent Water Facilities
Department: Attachments: Budget Impact:
Public Works Draft Ordinance No. 6962,
Vicinity Map
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Franchise Agreement No. FRN24-0003 for
City of Kent for a Water Franchise.
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. Franchise Agreement No. FRN24-0003 for the City of Kent will
allow Kent to continue to operate their existing water facilities in the public ways within the Auburn
City limits.
The date of the Public Hearing was set by consent on December 16, 2025.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 6 of 144
ORDINANCE NO. 6962
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
CITY OF KENT, A WASHINGTON MUNICIPAL
CORPORATION, A FRANCHISE FOR WATER
FACILITIES
WHEREAS, The City of Kent ("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, 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. "Fire Flow" means the measure of sustained flow of available water
required for firefighting of a specific building or structure within a specific area at
20 pounds per square inch residual pressure and shall be corrected to the lowest
gallonage available based on peak-period demands and seasonal demands.
C. "Fire Hydrant" means a public fire hydrant situated and maintained
to provide water for firefighting purposes. Public fire hydrants are without restriction
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 1 of 23
Page 7 of 144
as to use for that purpose. The location of a fire hydrant is such that it is accessible
for immediate use of the fire authority at all times.
D. "Force Majeure Event" means and shall include without limitation,
war, civil disturbance; flood, earthquake or other Act of God; storm or other
condition which necessitates the mobilization of the personnel of a Party or its
contractors to restore utility service; laws, regulations, rules or orders of any
governmental agency; a public health emergency as declared by the State of
Washington or local County governing the Franchise Area; sabotage; strikes or
similar labor disputes involving personnel of a party, its contractors or a third party;
or any failure or delay in the performance by the other party, or third party who is
not an employee, agent or contractor of the party claiming a Force Majeure Event,
in connection with this Franchise.
E. "Franchise" means this agreement approved by Ordinance No. 6962
of the City which authorizes Franchisee Facilities to provide Franchisee Services
in the Franchise Area.
F. "Franchise Area" means the public ways specified in Exhibit "A".
G. "Franchisee Facilities" means water supply transmission and
distribution mains, interties, pipes, Fire Hydrants, valves, water services and
meters, water system communication and monitoring equipment, and all other
appurtenances necessary or convenient for the purpose of providing water service,
including any part thereof used or usable for the delivery of water for Fire Flow and
fire suppression purposes, that are constructed, operated, owned, and maintained
within the public ways that are located in the Franchise Area.
H. "Franchisee Services" means providing potable water service for
human consumption or other domestic use, including residential, commercial, and
wholesale use, and Fire Flow and fire suppression purposes. A water service
extends from the public water main to and including the water meter and is owned
and maintained by the Franchisee.
I. "Public Improvement" means any capital improvement,
maintenance, or repair that is undertaken by or on behalf of the City and is funded
by the City (either directly or indirectly with its own funds or with other public monies
obtained by the City), including any capital improvement within the City's adopted
Transportation Improvement Plan or Capital Facilities Plan.
Section 2. 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 public
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 2 of 23
Page 8 of 144
ways within 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, operate,
maintain, relocate, upgrade, replace, restore, and repair Franchisee's Facilities to
provide Franchisee 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 other franchise agreements, impacting
the Franchise Area, for any purpose that does not interfere with Franchisee's rights
under this Franchise.
E. Except as explicitly set forth in this Franchise, this Franchise does
not waive any rights the City has or may acquire with respect to the Franchise Area
or any other City roads, public ways, or property. This Franchise will be subject to
the power of eminent domain, and in any proceeding under eminent domain, the
Franchisee acknowledges its use of the Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City 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.
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 written
notice shall become effective upon receipt by certified mail, confirmed delivery by
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 3 of 23
Page 9 of 144
overnight courier, or the date stamped received by the City. Any communication
made by telephone, e-mail, or similar method will not constitute notice pursuant to
this Franchise, except where expressly permitted in this Franchise.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
Rowusepermit@auburnwa.gov
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: City of Kent
Attn: City of Kent Water Manager- Public Works Operations
220 Fourth Avenue South
Kent, WA 98032
Telephone: 253-856-5600
Email Address: PWOps@KentWA.gov
with a copy to: City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98032
Telephone: 253-856-5725
Email Address: CityClerk@KentWA.gov
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: (253-856-5600).
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 4 of 23
Page 10 of 144
Section 4. Term of Franchise
A. This Franchise shall run for a period of twenty (20) 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) calendar days in advance of intent to cancel this Franchise. Franchisee shall
be responsible for paying applicable fees for month-to-month Franchise status per
the City of Auburn fee schedule in effect at the time the Agreement goes into
month-to-month status.
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 "B"), (2) all verifications of
insurance coverage specified under Section 15, and (3) payment of any
outstanding application fees required in the City Fee Schedule. These three 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) calendar days after the effective date of the ordinance
approving the Franchise as described in Section 26 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 undertaking
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.
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 5 of 23
Page 11 of 144
D. Franchisee's Facilities shall be constructed, installed, maintained,
and repaired within the Franchise Area so as to provide safety of persons and
property, and not interfere with the free passage of traffic, all in accordance with
the laws of the State of Washington, and the ordinances, resolutions, rules and
regulations of the City.
E. If work performed under this Franchise by the Franchisee makes it
necessary to turn off or diminish water pressure or potential Fire Flow to any Fire
Hydrant, the Franchisee shall notify Valley Regional Fire Authority (VRFA) by
telephone at 253-288-5870, email at fire.marshal@vrfa.org, or written notice, that
water pressure or Fire Flow conditions may be affected. Except in the case of an
emergency, the notice shall be provided at least forty-eight (48) hours prior to the
water pressure or potential Fire Flow being suspended or diminished. If more than
one Fire Hydrant will be affected, the Franchisee shall provide a map of the
affected area to VRFA. Out-of-service Fire Hydrants must be identified as not
operational by covering with a properly secured burlap or plastic bag. Fire
Hydrants should be returned to full service as soon as reasonably possible or no
longer than two (2) calendar days from the date service was suspended or
diminished. The Franchisee shall notify VRFA when the Fire Hydrant(s) is/are
returned to full service.
F. 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.
G. 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 twenty-four (24) hours, the City may, at its sole
discretion, remove such debris and charge the Franchisee for the cost thereof.
This Section does not, in any instance, grant automatic authority to clear
vegetation for purposes of providing a clear path for radio signals. Any such
general vegetation clearing will require other permits as necessary from the City.
H. Franchisee shall notify the City by email or written notice, a minimum
of fifteen (15) calendar days in advance of discharge of Franchisee water supply
from a reservoir into the City's storm water system in the Franchise Area. The City
will review to ensure the ability of the City storm system to handle the additional
water. The City may deny any request based on the needs of the City but will work
with the Franchisee to coordinate a mutually agreed upon time to discharge water
to the City storm system. Any approval by the City for the Franchisee to discharge
water into the City storm system must be in writing. Any Franchisee water
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 6 of 23
Page 12 of 144
discharged to the City's storm water system must comply with all applicable federal
and state water quality standards and the City's NPDES permit relating to the City's
storm water system. The Franchisee will employ appropriate BMPs to ensure
City's storm water system capacity is not exceeded or damaged.
I. Flushing of water system and other Franchisee activities not
identified in paragraph H above shall not require advance notification. Any
Franchisee water discharged to the City's storm water system must comply with
all applicable federal and state water quality standards and the City's NPDES
permit relating to the City's storm water system. The Franchisee will employ
appropriate BMPs to ensure City's storm water system capacity is not exceeded
or damaged.
Section 7. Repair and Restorations
A. If the City Engineer determines that Franchisee's Facilities or
Franchisee's construction, maintenance, repair, relocation, or replacement of
facilities within the Franchise Area is the cause of damage, degradation, failure, or
substandard condition of a Street, during the term of this Franchise, the City will
notify Franchisee by email or written notice and Franchisee will repair or replace
the subject Street in accordance with City Engineering Design Standards and
subject to applicable permits, within ninety (90) calendar days of the City's
notification unless granted additional time by the City Engineer. If the City
determines the subject Street condition poses an immediate threat to health,
safety, vital traffic operations, property, or critical areas, Section 8 shall apply.
B. For purposes of this Section, "street" shall mean all City owned
improvements within a public way, including, but not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, traffic
control devices, landscape areas, and vegetation in unopened rights-of-way.
Section 8. Emergency Repair Work
A. 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.
B. The City may commence emergency response work, at any time,
without prior written notice to the Franchisee, but will notify the Franchisee, by
email or in writing, as promptly as possible under the circumstances. Franchisee
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 7 of 23
Page 13 of 144
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.
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.
B. When constructing new Franchisee Facilities, or replacing or
reconstructing Franchisee Facilities, Franchisee shall maintain minimum
underground separation requirements from all City water, sanitary sewer, and
storm water facilities in accordance with the City Engineering Design and
Construction Standards; provided, that for development of new areas, the City, in
consultation with Franchisee and other utility purveyors or authorized users of the
Franchise Area, will develop and follow the City's determination of guidelines and
procedures for determining specific utility locations, subject additionally to this
agreement.
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 8 of 23
Page 14 of 144
Section 11. Relocation of Franchisee Facilities
A. Whenever the City causes a Public Improvement to be constructed
within the Franchise Area, and such Public Improvement requires the relocation of
Franchisee Facilities within the Franchise Area (for purposes other than those
described in Section 11.6 below):
1. The City shall provide Franchisee with written notice
requesting such relocation, along with review plans and/or other detailed
document(s) for the Public Improvement that are sufficiently complete as
determined by the City Engineer to allow for Franchisee's initial evaluation
and coordination of the relocation. The City shall provide the Franchisee
with the City's anticipated construction schedule and the date, either before
or during the construction of the Public Improvement, the City requires the
Franchisee to complete the relocation. If the Franchisee desires
clarification, alternatives to relocation, or a relocation schedule that varies
from that provided by the City, the Franchisee will provide written request
to the City within fourteen (14) calendar days of receiving the relocation
notice from the City and then Section 11.A.2 shall apply to the relocation,
otherwise, the Franchisee agrees to conduct the relocation as required by
the City and Section 11.A.2 shall not apply to the relocation.
2. Subject to the notice requirement of Section 11.A.1, the City
and Franchisee shall discuss relocation requirements and schedule, and
jointly identify and define the project requirements, schedule, and timeframe
of relocation that the Parties agree shall govern the relocation. The Parties
will document the mutual agreement of these terms in writing. Except as
approved otherwise in writing by the City, in no case shall the Franchisee's
relocation be completed more than 180 calendar days after initial
notification by the City.
3. Franchisee shall relocate such Franchisee Facilities within the
Franchise Area, at no charge to the City and in accordance with the
relocation schedule required by the City or otherwise mutually agreed upon
by the Parties per Section 11.A.2.
B. Whenever (i) any public or private development within the Franchise
Area, other than a Public Improvement, requires the relocation of Franchisee
Facilities within the Franchise Area to accommodate such development: or (ii) the
City requires the relocation of Franchisee Facilities within the Franchise Area for
the benefit of any person or entity other than the City (including, without limitation,
any conditions or requirement imposed by the City on such person or entity
pursuant to any contract or in conjunction with approvals or permits for zoning,
land use, construction or development), then in such event, Franchisee shall have
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the right as a condition of such relocation, to (i) require such developer, person or
entity to cause such relocation to occur at their own expense, subject to
Franchisee's review and approval of design plans prepared by such developer,
person or entity; or(ii)to require such developer, person or entity to make payment
to Franchisee, at a time and upon terms acceptable to Franchisee, for any and all
costs and expenses incurred by Franchisee in connection with such relocation of
Franchisee Facilities.
C. Subject to the terms of this Section 11 and consistent with Section
14 and to the maximum extent provided by applicable law, Franchisee shall
reimburse the City for any costs, expenses, and/or damages incurred as a result
of: 1) The Franchisee not providing the City accurate or sufficient location or other
information regarding Franchise Facilities during design or construction of the
Public Improvement, or 2) Franchisee's delay in meeting the mutually-established
schedule for the relocation work required to accommodate a Public Improvement
to the extent the delay is directly caused by Franchisee's breach of its obligations
under this Section 11 with respect to the relocation of Franchisee Facilities in
accordance with the mutually established schedule for the relocation work.
D. Nothing in this Section 11 shall require Franchisee to bear any cost
or expense in connection with the location or relocation of any Franchisee Facilities
then existing pursuant to easement or such other rights not derived from this
Franchise.
E. In the event that a conflict with Franchise Facilities is discovered
during construction of a capital improvement, within seven (7) calendar days of this
determination, the City and Franchisee shall discuss relocation requirements and
schedule, and jointly identify and define the relocation requirements, schedule, and
timeframe of relocation that the Parties agree shall govern the relocation. The
Parties may agree to include relocation as part of the City's capital improvement
with Franchisee reimbursing the costs of design, City inspection time, and
relocation of Franchise Facilities. The Parties will document the mutual agreement
of these terms in writing. Additionally, any and all damages or costs associated
with the conflict shall be subject to Section 11.C.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty (180) calendar days of Franchisee's
permanent cessation of use of any portion of the Franchisee Facilities, the
Franchisee will, at the City's discretion, either abandon in place or remove the
affected facilities.
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B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee 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. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
requested by the City that the City determines is necessary 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. In the
event the City receives a request under Chapter 42.56 RCW involving
Franchisee's information described in Section 13.A., the City shall provide email
notice to Franchisee at least ten (10) days prior to release of any records that either
1) Could be excluded from public records release to protect public safety and
security, including pump station and reservoir as-built records, system operating
plans, vulnerability assessments, and other records the City determines the
Franchisee may seek to exclude from public records release for this reason; or 2)
Records the Franchisee has labelled with the statement "DO NOT RELEASE
BEFORE NOTIFYING THE CITY OF KENT" or similar statement. The warning
statement shall also reference this agreement by number, be in red lettering, in 16
font or greater, and on the front of the electronic or paper document.
Section 14. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, 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.
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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 14.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.
D. The Franchisee shall be solely and completely responsible to
perform all work related to this Franchise in compliance with all applicable law.
The Franchisee's attention is directed to the requirements of the Washington
Industrial Safety and Health Act, Chapter 49.17 RCW. The Franchisee shall be
solely and completely responsible for safety and safety conditions on its job sites
and for its work within the Franchise Area, including the safety of all persons and
property during performance of any works therein. The services of the City or
City's consultant personnel in conducting construction review of the Franchisee's
work relating to the Franchise is not intended to include review of the adequacy of
the Franchisee's work methods, equipment, scaffolding, or trenching, or safety
measures in, on or near such job site within the public way. The Franchisee shall
provide safe access for the City and its inspectors to adequately inspect the work
and its conformance with applicable law and the Franchise.
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E. Indemnification for Relocation. Franchisee will defend, indemnify,
and hold the City harmless for any damages, claims, additional costs or reasonable
expenses and attorneys' fees, including contractor construction delay damages,
assessed against or payable by the City and arising out of or resulting from
Franchisee's negligence or willful misconduct contributing to Franchisee's failure
to remove, adjust, or relocate any of its facilities in the public way in accordance
with any relocation required by the City, provided that Franchisee will not be liable
under this Section if Franchisee's failure to remove, adjust, or relocate any of its
facilities is the result of a Force Majeure Event.
Section 15. 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
against claims for injuries to persons or damage to property which may arise from
or in connection with this 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, pollution liability, 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.
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. Contractor's 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. Contractor's
Pollution Liability shall cover bodily injury, property damage, cleanup costs,
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and defense, including costs and expenses incurred in the investigation,
defense, or settlement of claims.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee's Commercial General
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee's Excess or Umbrella Liability
insurance policy.
D. Minimum 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, Contractor's 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.
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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. Contractors and Subcontractors. The Franchisee shall cause each
and every contractor and subcontractor to provide insurance coverage that
complies with all applicable requirements of the Franchisee-provided insurance as
set forth herein, except that the Franchisee shall have sole responsibility for
determining the limits of coverage required to be obtained by contractors and
subcontractors. The Franchisee shall ensure that the City is an additional insured
on each and every contractor's and subcontractor's Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 26.
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 email
or written notice of any policy cancellation within five (5) calendar 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 this
Franchise, upon which the City may, after giving five (5) calendar days' written
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: (1) Franchisee shall submit a letter to the City
stating which of the above required insurance provisions in this Section 15
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Franchisee proposes to self-insure; (2) 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; (3) Franchisee or
its parent company is responsible for all payments within the self-insured retention;
and (4) Franchisee assumes all defense and indemnity obligations as outlined in
Section 14.
Section 16. Financial Security
Pursuant to the authority in ACC 20.02.280.A, the City's Public Works
Director has determined that the Franchisee shall not be required to provide the
City with financial security for this Franchise.
Section 17. 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) calendar 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.
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Section 18. 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
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 19. 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) calendar days of notification. If the City determines the
breach cannot be cured within thirty (30) calendar 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 (30) calendar 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) impose
liquidated damages of Two Hundred Fifty Dollars ($250.00) per day for every day
after the expiration of the cure period that the breach is not cured. The parties
agree that the actual damages to the City from Franchisee failing to cure are not
easily calculated and agree that the liquidated damages amount are a reasonable
forecast of just compensation.
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
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actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
C. If Franchisee fails to substantially comply with any one or more of the
provisions of this Franchise, Franchisee agrees to be responsible for any damages
the City suffers as a result of Franchisee's failure (including, but not limited to: City
staff time, material and equipment costs; compensation or indemnification of third
parties; and the cost of removal or abandonment of facilities). Franchisee also
specifically agrees that its failure to comply with the terms of this Section 19 will
constitute damage to the City in the monetary amount set forth in subsection A of
this Section.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal, state, and City laws, regulations, and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) calendar 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) calendar 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) calendar days
written notice to the Franchisee if the Franchisee fails to comply with such
amendment or modification.
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Section 21. License, Tax and Other Charges
A. The City reserves the right to impose, to the extent authorized by
law, a utility tax on the Franchisee and/or to charge the Franchisee a reasonable
fee for services provided or rights granted under this Franchise.
B. The Franchisee agrees that it shall be subject to all authority now or
later possessed by the City or any other governing body having competent
jurisdiction to fix just, reasonable, and compensatory rates for services under this
Franchise.
C. This Franchise will not exempt the Franchisee from any future
license, tax, or charge which the City may adopt if authority is granted to it under
state or federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 22. 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 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect, unless doing so will deny a party valuable consideration.
Section 24. Titles
The Section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
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Section 26. Effective Date
This Ordinance will take effect and be in force five (5) calendar 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 Jason, Whalen, City Attorney
Published:
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EXHIBIT "A"
Franchise Area
AREA A {KING COUNTY FRANCHISE 13083 AREA IN AUBURN INCLUDING
124TH AVENUE S NORTH OF BRIDGES)
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING EAST OF THE WEST LINE OF THE GREEN RIVER;
ALSO, THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING EAST OF THE WEST LINE OF THE GREEN RIVER;
EXCEPT THAT PORTION WITHIN THE CITY OF KENT ACCORDING TO CITY
OF KENT ORDINANCE NUMBER 3171 RECORDED UNDER KING COUNTY
RECORDING NUMBER 9407281510;
ALSO, THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON;
ALSO, THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT
THAT PORTION WITHIN THE CITY OF KENT LIMITS ACCORDING TO CITY
OF KENT ORDINANCE NUMBER 3171 RECORDED UNDER KING COUNTY
RECORDING NUMBER 9407281510;
ALSO, THE WEST 30 FEET OF THE SOUTH 700 FEET OF THE SOUTHEAST
QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.,
IN KING COUNTY, WASHINGTON;
AREA B {BRIDGES AND ADJACENT 124TH AVENUE S RIGHT OF WAY AND
SE 288TH STREET}
ALSO, BRIDGES, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 245 OF PLATS, PAGES 001 THROUGH 038, RECORDS OF KING
COUNTY, WASHINGTON;
ALSO, GOVERNMENT LOT 3, SECTION 4, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON;
ALSO, THE NORTH 26 FEET OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5
EAST, W.M., IN KING COUNTY, WASHINGTON;
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ALSO, ALL OF 124TH AVE SE RIGHT OF WAY LYING NORTH OF THE
EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF WAY LINE OF
THE 68 FOOT WIDE RIGHT OF WAY OF SE 292nd St LYING WITHIN THE
NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 4,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, EXCEPT GOVERNMENT LOT 3;
AREA C {S 277TH STREET CORRIDOR}
ALSO, ALL OF SOUTH 277TH STREET RIGHT OF WAY BOUNDED ON THE
WEST BY THE WEST MARGIN OF CITY OF AUBURN CITY LIMITS AS
DESCRIBED IN CITY OF AUBURN ORDINANCE NUMBER 3420. AND
BOUNDED ON THE EAST BY THE EAST MARGIN OF THE CITY OF AUBURN
CITY LIMITS ACCORDING TO CITY OF AUBURN RESOLUTION NUMBER
5101 AS DESCRIBED IN KING COUNTY RECORDING NUMBER
20150623000988, LYING WITHIN THE NORTH HALF OF SECTION 36,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AND THE NORTH HALF OF
SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY, WASHINGTON.
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Page 22 of 23
Page 28 of 144
EXHIBIT "B"
STATEMENT OF ACCEPTANCE
City of Kent, 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
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:
Ordinance No. 6962 - DRAFT
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 23 of 23
Page 29 of 144
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Page 30 of 144
*
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Public Hearing for Resolution No. 5799 - Development Agreement (Krum) January 21, 2025
A Public Hearing to consider a Development Agreement with Portofino
Group I, LLC
Department: Attachments: Budget Impact:
Community Development None
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of a Development Agreement with Portofino
Investment Group I, LLC, for future development of King County parcel numbers 1085623960,
1085623970, 1085623980, and 1085623990.
Background for Motion:
Background Summary:
For more information please refer to Resolution No. 5799.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 31 of 144
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Minutes from the December 16, 2024, City Council Meeting January 21, 2025
Department: Attachments: Budget Impact:
City Council 12-16-2024 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 32 of 144
City Council
CITY OF * Regular Meeting
AUBURN December 16, 2024 - 7:00 PM
City Hall Council Chambers
WASHINGTON MINUTES
CALL TO ORDER
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Council Chambers
of Auburn City Hall, 25 West Main Street.
LAND ACKNOWLEDGEMENT
Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as
the ancestral keepers of the land we are gathered on today.
PUBLIC PARTICIPATION
The City Council Meeting was held in person and virtually.
PLEDGE OF ALLEGIANCE
Mayor Backus led those in attendance in the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Deputy Mayor Larry Brown, Hanan Amer, Kate Baldwin,
Clinton Taylor, Tracy Taylor, and Acting Deputy Mayor Yolonda Trout-Manuel.
Councilmember Cheryl Rakes arrived at 7:05 p.m.
Mayor Nancy Backus and the following staff members present included: City Attorney
Jason Whalen, Chief of Police Mark Caillier, Director of Public Works Ingrid Gaub,
Director of Community Development Jason Krum, Director of Parks, Arts, and
Recreation Daryl Faber, and City Clerk Shawn Campbell.
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. National Foundation of Women Legislators Woman of Excellence Award
Presentation
City of Federal Way Councilmembers and Co-State Directors of the National
Foundation of Women Legislators, Susan Honda and Lydia Assefa-Dawson,
Page 33 of 144
presented Acting Deputy Mayor Trout-Manuel the Elected Woman of
Excellence Award.
AGENDA MODIFICATIONS
There were no modifications to the agenda.
AUDIENCE PARTICIPATION
Written Comments:
Linda Redman - Auburn, WA
Linda provided comments regarding homelessness, community building and beautifying
Auburn.
Brooke Frickleton - Seattle, WA
Brooke provided comments regarding the 2024 Comprehensive Plan Periodic Update.
In-Person Comments:
Tina Marie - Auburn, WA
Tina provided comments regarding homelessness, and wished the Council Happy
Holidays.
Virginia Haugen - Auburn, WA
Virginia congratulated Councilmember Trout-Manuel on the Woman of Excellence
Award, and spoke about safety in the schools.
EXECUTIVE SESSION
Mayor Backus adjourned into executive session at 7:13 p.m. per RCW
42.30.110(1)(i)(ii) and (iii) to discuss with legal counsel potential litigation that may be
commenced against the City, and the legal risks of a proposed action when public
discussion of the litigation or legal risks is likely to result in an adverse legal or financial
consequence to the agency for 15 minutes. Mayor Backus, Councilmembers, City
Attorney Jason Whalen, and Director of Public Works Ingrid Gaub were required to
attend.
Mayor Backus reconvened the meeting at 7:31 p.m.
CORRESPONDENCE
There was no correspondence for Council to review.
Page 34 of 144
CONSENT AGENDA
A. Minutes of the December 2, 2024, Special City Council Meeting
B. Minutes of the November 25, 2024, and December 9, 2024, Study Session
Meetings
C. Claims Vouchers (Thomas)
Claims voucher list dated December 11, 2024, which includes voucher
numbers 478306 through voucher 478435, in the amount of $5,306,112.88,
nine electronic fund transfers in the amount of $1,981.22 and nine wire
transfers in the amount of $791,627.00
D. Payroll Voucher (Thomas)
Payroll check numbers 539627 through 539629 in the amount of$81,214.00,
electronic deposit transmissions in the amount of $2,913,016.94, for a grand
total of $2,994,230.94 for the period covering November 28, 2024, to
December 11, 2024
E. Setting the date for the Public Hearing for City of Kent Franchise Agreement
(Gaub)
City Council to set the date of the Public Hearing for Franchise Agreement No.
FRN24-0003 for City of Kent
Acting Deputy Mayor Trout-Manuel moved and Councilmember Amer
seconded to approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
UNFINISHED BUSINESS
There was no unfinished business.
ORDINANCES
A. Ordinance No. 6959 (Krum)
An Ordinance relating to the Subdivision Code, Zoning Code, and the
Comprehensive Plan, amending Chapters 14.22, 17.01, 17.04, 17.12, 17.14,
18.02, 18.04, 18.07, 18.09, 18.21, 18.23, 18.25, 18.29, 18.31, 18.32, 18.35,
18.49, 18.50, 18.52, 18.55, 18.56, 18.57, and creating new Chapter 17.27 of
the Auburn City Code
Councilmember T. Taylor moved and Councilmember Baldwin seconded to
approve Ordinance No. 6959.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 35 of 144
B. Ordinance No. 6960 (Krum)
An Ordinance relating to completion of the 2024 Periodic Comprehensive Plan
Update requirements under the Washington State Growth Management Act
and adoption of the updated Elements, Appendices, Plans incorporated by
reference, Land Use Map, and Zoning Map
Councilmember T. Taylor moved and Councilmember C. Taylor seconded to
approve Ordinance No. 6960.
MOTION CARRIED UNANIMOUSLY. 7-0
RESOLUTIONS
A. Resolution No. 5801 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement
accepting Grants from the Washington State Transportation Improvement
Board for the Auburn Way South Widening and Regional Growth Center
Improvement Projects
Councilmember T. Taylor moved and Acting Deputy Mayor Trout-Manuel
seconded to adopt Resolution No. 5801.
MOTION CARRIED UNANIMOUSLY. 7-0
After the vote of Deputy Mayor, Mayor Backus read the correct the Resolution
title: "A Resolution authorizing the Mayor to execute and administer an
agreement accepting Grants from the Washington State Transportation
Improvement Board for the 49th Street Access to Transit Project".
NEW BUSINESS
A. Selection of Deputy Mayor (Council)
Mayor Backus read the Council Rules of Procedure section regarding the
election of the Deputy Mayor and explained the role and expectations of the
Deputy Mayor.
Mayor Backus asked the Councilmembers for nominations for Deputy Mayor.
Councilmember Amer nominated Councilmember T. Taylor and Deputy Mayor
Brown nominated Councilmember Rakes.
Council discussed challenges and the role of the Deputy Mayor.
Mayor Backus provided both nominees two minutes to speak to the Council.
Mayor Backus thanked Deputy Mayor Brown and Acting Deputy Mayor Trout-
Manuel for their work in the past year.
Mayor Backus asked for votes for the two nominated Councilmembers.
Page 36 of 144
Councilmember T. Taylor received 3 votes and Councilmember Rakes
received 4 votes.
Mayor Backus announced that Councilmember Rakes will be appointed as the
Deputy Mayor for 2025.
MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Deputy Mayor Brown thanked his fellow Councilmember and the Mayor for
their support during his absence.
Councilmember Amer wished everyone a Happy Holiday and New Year.
Councilmember Baldwin reported she attended the Auburn Municipal Airport
Open House, Santa Parade and Tree Lighting, the Good Eggs Breakfast, and
the Muckleshoot Holiday Reception.
Councilmember Rakes reported she attended the Law Enforcement Officers
and Firefighters (LEOFF) Disability Board Meeting, We Build Washington
Ribbon Cutting at Junior Achievement, Good Eggs Breakfast, Muckleshoot
Holiday Reception, Pete von Reichbauer's King County Holiday Leadership
and Volunteer Recognition event, and the Breakfast with Santa event.
Councilmember C. Taylor reported he attended the We Build Washington
Ribbon Cutting at Junior Achievement, Muckleshoot Holiday Reception, South
King County Reception, and the Sound Cities Association (SCA) Annual
meeting.
Councilmember T. Taylor reported she attended the Valley Regional Fire
Authority Board of Governance meeting, Sound Cities Public Issues Committee
(PIC) meeting, and the See Ya Later Foundation Seeds of Hope Breakfast
event.
Acting Deputy Mayor Trout-Manuel reported she attended the Red, White, and
Blue Holiday Concert, Domestic Violence Task Force meeting, Good Egg
Breakfast, Pete von Reichbauer's King County Holiday Leadership and
Volunteer Recognition event, and the Breakfast with Santa event.
Page 37 of 144
B. From the Mayor
Mayor Backus reported she attended an Outgoing Reception for Pierce County
Executive Bruce Dammeier. She reported that she will be attending the South
Sound Legislative Breakfast, Mayor's Open House at the Junior Achievement
Building, and will be working with the Auburn Food Bank and Valley Regional
Fire Authority to provide Toys for Kids and Holiday Food Baskets. The Mayor
thanked Staff and Council for their dedication.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 8:14 p.m.
APPROVED this 21st day of January 2025.
NANCY BACKUS, MAYOR Shawn Campbell, City Clerk
Page 38 of 144
CITY OF
} jJJ31JJ? ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas) January 21, 2025
Claims voucher list dated December 31, 2024 which includes voucher
numbers 478436 through voucher 478621, in the amount of$6,135,339.49,
twelve electronic fund transfers in the amount of$5,597.38 and nine wire
transfers in the amount of $7,560,605.46
Claims voucher list dated January 15, 2025 which includes voucher
numbers 478622 through voucher 478676, voucher 478678 through
voucher 478797 and voucher 478799 in the amount of $9,741,177.26, six
electronic fund transfers in the amount of $2,203.83 and one wire transfer in
the amount of $809,556.32
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated December 31, 2024 which includes voucher numbers 478436 through
voucher 478621, in the amount of $6,135,339.49, twelve electronic fund transfers in the amount of
$5,597.38 and nine wire transfers in the amount of$7,560,605.46.
Claims voucher list dated January 15, 2025 which includes voucher numbers 478622 through
voucher 478676, voucher 478678 through voucher 478797 and voucher 478799 in the amount of
$9,741,177.26, six electronic fund transfers in the amount of$2,203.83 and one wire transfer in the
amount of $809,556.32
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 39 of 144
*
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas) January 21, 2025
Claims voucher list dated January 15, 2025 which includes voucher number
478677, in the amount of$1,633.28, and voucher number 478798, in the
amount of$2,500.00
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated January 15, 2025 which includes voucher number 478677, in the amount of
$1,633.28, and voucher number 478798, in the amount of$2,500.00.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 40 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Payroll Voucher (Thomas) January 21, 2025
Payroll check numbers 539630 through 539632 in the amount of
$676,833.24, electronic deposit transmissions in the amount of
$2,719,630.29, for a grand total of$3,396,463.53 for the period covering
December 12, 2024 to December 25, 2024
Payroll check numbers 539633 through 539639 in the amount of
$83,575.56, electronic deposit transmissions in the amount of
$2,709,919.65, also a special payroll for sick leave cashout payroll check
number 539640 through 539640 in the amount of $703.86 and electronic
deposit transmission in the amount of $22,627.48 for a grand total of
$2,816,826.55 for the period covering December 26, 2024 to January 15,
2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539630 through 539632 in the amount of $676,833.24, electronic deposit
transmissions in the amount of $2,719,630.29, for a grand total of $3,396,463.53 for the period
covering December 12, 2024 to December 25, 2024.
Payroll check numbers 539633 through 539639 in the amount of $83,575.56, electronic deposit
transmissions in the amount of $2,709,919.65, also a special payroll for sick leave cashout payroll
check number 539640 through 539640 in the amount of$703.86 and electronic deposit transmission
in the amount of$22,627.48 for a grand total of $2,816,826.55 for the period covering December 26,
2024 to January 15, 2025.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 41 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Ordinance No. 6965 (Whalen) January 21, 2025
An Ordinance relating to the burden of proof in Dangerous Dog Appeals,
and amending Section 2.46.120 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6965.)
Department: Attachments: Budget Impact:
Legal Ordinance No. 6965, Ordinance
No. 6965 Exhibit
Administrative Recommendation:
City Council to approve Ordinance No. 6965.
Background for Motion:
Ordinance No. 6965 would amend Section 2.46.120 of the Auburn City Code to accurately identify
and prescribe the burden of proof in an appeal of a dangerous dog determination. Ordinance No.
6965 would place the burden of proof on the City as required to protect the appellant's due process
rights.
Background Summary:
Auburn City Code permits the City to deem dogs "dangerous" or "potentially dangerous" if the dog's
actions meet the requirements of those designations. The designation then results in increased
requirements for owners, including insurance coverage requirements and restraint requirements.
When the City deems a dog dangerous or potentially dangerous, the owner may appeal the
designation and seek review by a Hearing Examiner. In Dangerous Dog Designation Appeals, owners
are afforded constitutional due process protections. Due process requires that the burden of proof in
Dangerous Dog Appeals to fall on the City. Current Code does not specify a burden of proof for these
types of matters and the default places the burden of proof on the appellant, in this case the dog's
owner.
This Code revision is necessary to accurately identify and prescribe the burden of proof in an appeal
of a dangerous dog determination, protect the dog owners' constitutional due process rights, and
comply with Mansour v. King County, 131 Wn. App. 255, 128 P.2d 1241 (2006).
Councilmember: Cheryl Rakes Staff: Jason Whalen
Page 42 of 144
ORDINANCE NO. 6965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE BURDEN OF
PROOF IN DANGEROUS DOG APPEALS, AND AMENDING
SECTION 2.46.120 OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn provides a mechanism for individuals whose dog
has been deemed dangerous or potentially dangerous pursuant to City Code to appeal
that designation to a hearing examiner; and
WHEREAS, the City Code prescribes the burden of proof in appeals before the
hearing examiner; and
WHEREAS, Mansour v. King County, 131 Wn. App. 255, 128 P.2d 1241 (Div. 1,
2006), requires the burden of proof to be on the City in a dangerous dog appeal to prove
the dog meets the definition of a dangerous or potentially dangerous dog; and
WHEREAS, the code revision is necessary to accurately identify and prescribe the
burden of proof in an appeal of a dangerous dog determination.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. ACC 2.46.120 of the Auburn City Code
is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
Ordinance No. 6965
December 5, 2024
Page 1 of 2 Rev. 2024
Page 43 of 144
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Published:
Ordinance No. 6965
December 5, 2024
Page 2 of 2 Rev. 2024
Page 44 of 144
EXHIBIT A: Page 1 of 1
2.46.120 Burden of proof.
Unless otherwise provided for in the Auburn City Code, the burden of proof before the hearing
examiner shall be as follows:
A. Appeal Hearings. The applicant/appellant shall have the burden of proof, by a preponderance of
the evidence, as to material factual issues except where applicable city code provisions or state law
provides otherwise.
B. Land Use Application Hearings. For an application to be approved, a preponderance of the
evidence presented at the hearing must support the conclusion that the application meets the legal
decision criteria that apply.
C. Dangerous Dog Appeals. For appeals of a potentially dangerous dog and/or dangerous dog
determination, the city shall have the burden of Droving, by a preponderance of the evidence, that
the animal at issue meets the City Code's definition of a potentially dangerous dog or dangerous
dog.
D. Code Enforcement Hearings. The city shall have the burden of proving, by a preponderance of
the evidence, that a code violation has occurred and that the proposed corrective action is
reasonable.
Page 45 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Ordinance No. 6966 (Whalen) January 21, 2025
An Ordinance relating to bases for eviction from rental housing, and
repealing Section 5.23.070 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6966.)
Department: Attachments: Budget Impact:
Legal Ordinance No. 6966, Ordinance
No. 6966 Exhibit
Administrative Recommendation:
City Council to approve Ordinance No. 6966.
Background for Motion:
Ordinance No. 6966 would repeal Section 5.23.070 of the Auburn City Code to remove the bases for
eviction from rental housing from the City Code to achieve consistency with State law.
Background Summary:
Auburn City Code (ACC) Section 5.23.070 was implemented in 2020 and outlined the bases which
constituted "just cause" for eviction within the City of Auburn. Landlord-tenant relations,
responsibilities, and rights are an area of increased state regulation. The Residential Landlord-Tenant
Act, Chapter 59.18 RCW, provides for the bases of eviction in residential tenancies throughout the
state and prescribes the rights, responsibilities, and procedures for parties to an eviction.
Section 5.23.070 contains departures from State law, which were examined in Valley Cities
Counseling and Consultation v. Eddines 31 Wn. App. 2d 863, 553 P.3d 693 (Div. 1. 2024).
The Eddines Court found Section 5.23.070 conflicted with State law and State law preempts at least
one of the bases for eviction outlined in Section 5.23.070. The Court found that the City is unable to
modify or exclude the bases outlined in State law, and would further be unable to modify the
procedural provisions or requirements of the Residential Landlord Tenant Act contained in Chapter
59.18 RCW.
The proposed repeal of Section 5.23.070 was reviewed by the Legal Department and Community
Development. It achieves legal compliance with the Eddines ruling, compliance with State law, and
the bases for eviction and procedures outlined in the Residential Landlord-Tenant Act remain valid
law applicable to residential tenancies in the City of Auburn.
Councilmember: Yolanda Trout-Manuel Staff: Jason Whalen
Page 46 of 144
Page 47 of 144
ORDINANCE NO. 6966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO BASES FOR
EVICTION FROM RENTAL HOUSING, AND REPEALING
SECTION 5.23.070 OF THE AUBURN CITY CODE
WHEREAS, the City of Auburn implemented through ACC 5.23.070 restrictions on
eviction in the City to an enumerated list of circumstances constituting just cause for
eviction,
WHEREAS, said provision of City Code having been reviewed in Valley Cities
Counseling and Consultation v. Eddines, 31 Wn. App. 2d 863, 553 P.3d 693 (Div. 1.
2024), and said court decision having found Chapter 59.18 RCW in conflict with ACC
5.23.070.A,
WHEREAS, a code repeal is necessary to accurately reflect the law applicable in
the City of Auburn and correct any conflicts with Chapter 59.18 RCW,
WHEREAS, with the code repeal, the bases for eviction contained in Chapter
59.18 RCW will remain applicable to the City of Auburn,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. ACC 5.23.070 of the Auburn City Code
is repealed, and shall be modified as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
Ordinance No. 6966
December 5, 2024
Page 1 of 2 Rev. 2024
Page 48 of 144
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Published:
Ordinance No. 6966
December 5, 2024
Page 2 of 2 Rev. 2024
Page 49 of 144
EXHIBIT A: Page 1 of 4
5.23.070 Just cause eviction.
A. Pursuant to provisions of the Washington State Residontial Landlord Tonant Act (RCW
50.1 E.290), owners may not evict residential tenants without a court order, which can be issued by a
court only after the tonant hao an opportunity in a show cause hearing to contest the eviction (RCW
59.18.380). Owners of housing unite shall not evict or attempt to evict any tenant, refuse to renew or
continue a tenancy after expiration of the rental agreement, or otherwise terminate or attempt to
terminate the tenancy of any tonant unlosc the owner can prove in court thct just cause exists.
Owners may not evict residential tenants from rental housing units if the units are not licensed with
the city of Auburn ao required by Chapter 5.22 ACC, regardless of whotha just cause for eviction
may exist. An owner is in compliance with licensing requirement if the rental housing unit io licensed
with the city of Auburn purouant to Chapter 5.22 ACC before entry of a court order authorizing
eviction or before a writ of restitution is granted. A coNrt may grant a continswce in an eviction
action in order to give the owner time to license the rental housing a nit. Tho ro&oons for torminatin
of tenancy listen below and no othm sh !l constitute just&a )w under this section:
1. Tho tonant fails to comply with a 11 day notice to pay rent or vacato purouant to RCW
59 1 030(3); a 10 da i notice to comply or vacato ps:rs nt to RCW 59.12.030(4); or a
three day notice to vacate for waste, nuisance (including a drug related activity nuisance
pNroswt to Chapter 7.43 RCW), or maintenance of an Nnlawfal bsoinccs or conduot paroa\snt to-
ROW 59.12.030(5);
2. The tcncnt h‘itiAwclly fails to pay rent when due which causes the owner to notify the tenant
in writing of late rent four or more timoo in a 12 month period;
3. The en nt fails to comply with a 10 day notice to comply or vacate that requires complicne-
with c me crial term of the rcn el agreement er that requires compliance with c meterial
obligation under RCW 60.18.120;
4 v'nant hQbit6&ly fails to comply with the material terms of the rental agreement which
ev6,\Cti\O the owner to serve a 10 day notice to comply or vacate three or more times in a
12 month period;
5. The owner seeks possession so that the owner or a member of his or hor immodiate family
may occupy tho unit o that person'o principal residence and no substantially equivalont snit io
vacant and availcblo in the c e bu ildinn nd the „ er has g en the tonant at Last 00 days'
advance written notice of the date the tonant'o possession is to end. The director of community-
development may reduco tho timo required to give notice to no lem: then 50 days if the director
of community development determines that delaying occupancy will moult in a personal
hardship to the owner or to the ownor'o immediate family. Personal har 'ship may include but is
not limited to hardship caused by illness or accidont, Nnemployment, or job relocation. There is
Page 50 of 144
EXHIBIT A: Page 2 of 4
a rebuttable presumption of a violation of this osbacction if the owner or a member of the
owner's immediate family fails to occupy thc unit ao that p°rson's principal residence for at least
60 consecutive days during the 90 days immediately after the tenant vacated the unit ps:rouant
to a notice of termination or eviction using thin as,baectian as the cause for eviction;
6. The owner elects to sell a dwelling unit ostject to the provisions of this chapter and gives
the tencnt ot I act 90 days' written notice prior to the date set for vacating, which date shall
coincide with the end of the term of a rental agreement, or if the agreement is month to month,
with the last day of a monthly period. The director of community development may reduce the
time required to give notice to no Lem than 60 days if the director of community development
determinoo that providing 90 days' notitios:lt in a personal hardship to the owner
Personal hardship may include bs` is not limited to hardship caused by illness or accident,
unemployment, or job relocation. For the purposes of thio oabocction, an owner"elects to sell"
when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant
has vacated, including, at a minimum, liating it for sale at a reasonable price with a realty
There shall be a rcb itteblo presumption that the, owner did not intend to sell the unit if:
a. Within 30 days after the tenant hoc.vacated, the owner does not list the single family
dwelling unit for sale at a reasonable price with a realty agency or advertise it ftv ocic at
reasonable price in a new1-\ap of general circulation, or
b. Within 90 days after the date the tenant vacated or the date the property was listed for
sale, whichever is later, the owner withdraws the rontcl unit from the market, rents the unit
to someone othor then thc former tenant, or otherwise indicatoo the the owner does not
intend to sell the unit;
' :cant'e occupancy is conditioned upon omployment on the property and the
cmploysnront io torminotaeli
8. The owner seeks to do oubotcnticl rcheUlitcvion in the building and gives the tcncnt t Last
120 days' written notice prior to the date set for vacating. To utilize thin ba\aia o the rationale for
tc minaion, the owner must obtain at toast one permit necessary for the rehabilitation before
torminc ing the tenancy;
9. The owner elects to demolioh tho building, convert it to a cooperative, or convert it to a
nonresident :nx o and gives the tenant at I„ st 120 days' written notice prior to the date set for
vacating. To utilize thio baK.o ago the rationale for termination, the owner must obtain a permit
necessary to demolish or change the use before terminating any tenancy or converting the
building to a condominium;
10. The owner seeks to discontinue use of a housing unit unas,`horized by ACC Title 18 after
receipt of a notice of violation•
e
Page 51 of 144
EXHIBIT A: Page 3 of 4
11. The owner seeks to reduce the number of indivikcQlc rvs ding in a dwelling unit to comply
with tho maximum limit of individuals allowed to occupy one dwelling snit ca ra,qu1ced by ACC
Titlao 15 and 18, and
a—
i. The number of such individuals was more than i lawful under the current version of
ACC Title 15 or 18, and
ii. That nNmber has not increased with the knowledge or consent of the owner and
iii. The owner is either unwilling or unable to obtain a permit to allow the unit with that
number of residents; and
b. The ownv- aenv cnsn a with a 30 day notice, informing the twIentg the;the-
number of tenants exceeds thc legal limit and mat be reduced to the legal limit; and
c. After expiration of thc 30 day notice, the owner has ierved the tenants with and the
tenant hove failed to comply with a 10 day notice to comply with the limit on the number of
eees:psnts or vacate; and
d. If there is more than one rental agreement for the unit, the owner may choose which
agreements to terminate; provided, that the owner may either terminate no more than the-
minimum number of rental agreements necessary to comply with the le UI limit on the
number of ocaup&nts, or at the owner's option terminate only those agreements invoking
the minimam number of oceap&nts necessary to comply with the legal limit;
12. An emergency order requiring thet tho housing unit be vacated and closed has been
issued purouaant to ACC Title 15 and the emergency conditions identified in the order have not
been corrected•
13. The owner seeks to discontinue sharing with a tenant of the owner's own housing unit, i.e.,
tho unit in which the owner residee, &ooio to tormincte the tenancy of a tenant of an accessory
dwelling unit that io accessory to the housing unit in which the owner resides, or seeks to
tvmime the tenancy of a tc\ncnt in c cingIe family dwelling unit-and the owner residoo in an
accessory dwelling unit on tho same-lot. This subsection does not apply if the owner has
received a notice of„iolatien of the de„elopmvnt`cndards of ACC Title 19;
14. A tenant, or with the consent of the toncnt, the-toncnt'o oubtoncnt, oubleccee, resident, or
guc\t, hcc engaged in orimincl activity c\n the Kemises, or on tho property or public right of way
abutting the premises, and the own hoc Necified in the notice of termination the crime alleged
to have been committed and the general fasts supporting the allegation, and hso &poured that
the department has recorded receipt of a copy of the notice of termination. For purposes of this
subsection a person hea "engaged in orimincl activity" if he or she:
Page 52 of 144
EXHIBIT A: Page 4 of 4
a. Engages in drug related activity that would constitute a violation of Chapter 69.41,
69.50, or 60.52 RCW; or
b. Engages in activity that is a crime under the laws of this state, but only if the activity
subs.t nt�nlly affects the health or safety of other tenants or the owner.
B. Any rental agreement provision which waives or purports to waive any right, benefit or
entitlement crgatcd by this section shall be deemed void and of no lawful force or effect.
C. With any termination notices required by law, owners terminating or refusing to renew or
continue a tenancy protected by this section shall advise the affected tenant or ensnts in writing of
the reasons for the terming ion and the fasts in support of those reasons.
D. If a tenant who has received a notice of termination or nonrenewal of tenancy claiming
subsection ( )( ), A 6 or( )( ) of this section o the grounds for termination believos that the-
owner does not intend to carry out the stated reason for eviction and makes a complaint to the
director of community development, then the owr►or mast, within 10 days of being notified by the
director of community development of the complaint, complete and file with the director of
community development a certification stating the owner's intent to carry out the stated reason for
the eviction. The failure of the owner to complete and file such a certification after a complaint by the
giant ohs!! Ice a defense for the tenant in en eviction astion based on this ground.
E. In any action commenced to evict, refuse to renew or continue a tenancy after expiration of the
rental agreement, or to otherwise terminate the tenancy of any tonant, it ohall be a defense to the
action the thore was no just cause for such eviction or torminc ion co provided in thio oection.
F. It shall be a violation of this section for any owner to evict or attempt to evict any tonant, refuse
to renew or continue c +xc sy aftor oxpi;c ion of the ontcl agrx.\.rx.\\, or otherwise terminate or
�ttc\m t to terminate the tenancy of an„tcncnt 6szing a notice which references subsection ( )( ),
( )(6) ( )(8) (A V11 ( )(1`) r ( )(13) of this serc ion as grog nds �Tction ortorminction of
e ,
rminion of
such tenancy.
G. An owner who evicts or c tompto to evict a tenant, refuses to renew or continue a tenancy after
expiration of the rental agreement, or who torminetes or attempts to terminate the tenancy of a
tonant using a notice which references subsection ( )( ), A 6 or A 8 of this section as tho
grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or
condition justifying the termination of such tenancy shall bo liablo to such tonant in a private right for
action for damages up to $2,000, costs of suit, or arbitration and r a:,Nnm►!c c orne„'s fees
Repealed by Ord. 6966.
Page 53 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5799 (Krum) January 21, 2025
A Resolution authorizing the Mayor to execute a Development Agreement
between the City of Auburn and Portofino Investment Group I LLC, to
Govern the Future Development of King County Parcel Numbers
1085623960, 1085623970, 1085623980, And 1085623990
(RECOMMENDED ACTION: Move to adopt Resolution No. 5799.)
Department: Attachments: Budget Impact:
Community Development Resolution No. 5799, Res 5799
Attachment A DEVELOPMENT
AGREEMENT
Administrative Recommendation:
City Council to adopt Resolution No. 5799.
Background for Motion:
Resolution No. 5799 authorizes the Mayor to enter into a Development Agreement between the City
of Auburn and Portofino Investment Group I, LLC for the property located at the four referenced King
County parcels. The agreement establishes site specific standards for the long-term development and
use of the property.
Background Summary:
A Development Agreement is an agreement between a property owner and a City that articulates the
vesting of specific development standards and conditions 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 establish a recognized term of vesting for 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, are anticipated to be under development for a long period of time, and/or
have special circumstances.
In this particular agreement, the property owner is seeking to vest identified regulations and
standards to support the development of a proposed middle housing project of between 107 and 132
residential units of various triplex, fourplex, and fiveplex configurations. The draft agreement also
identifies access via private roads and establishes road sections for vehicle and pedestrian access.
The agreement also defines applicable parking requirements associated with the proposed project
along with other various regulations.
Page 54 of 144
The draft agreement also includes a financial contribution by the property owner to the City for a
portion of the costs of the design, permitting and construction of Traffic Improvement Project# 1-16, a
roundabout intersection project at 116th Ave. SE and SE 304th Street
A Public Hearing for the Development Agreement was scheduled to be held on January 21, 2025,
prior to recommendation for action.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 55 of 144
RESOLUTION NO. 5799
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 PORTOFINO INVESTMENT
GROUP I LLC, TO GOVERN THE FUTURE DEVELOPMENT
OF KING COUNTY PARCEL NUMBERS 1085623960,
1085623970, 1085623980, AND 1085623990
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, Portofino Investment Group I LLC acquired Parcel Nos.
108562390, 1085623970, 1085623980, and 1085623990, located northwest of the
intersection of SE 304th St. and 124th Ave. SE ("the Property"), for the purpose of
constructing new buildings, parking, and other site improvements; and
WHEREAS, Portofino Investment Group I 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 "Attachment A"; and
WHEREAS, pursuant to RCW 36.70B.200, on January 21, 2025 the City Council
held a duly-noted public hearing on the proposed agreement; and
WHEREAS, it is in the public interest of the City to enter into a development
agreement with Portofino Investment Group I LLC regarding the Property.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Resolution No. 5799
January 21, 2025
Page 1 of 2 Rev. 2020
Page 56 of 144
Section 1. The Mayor is authorized to execute a Development Agreement
between the City and Portofino Investment Group I LLC, which agreement will be in
substantial conformity with the agreement attached as "Attachment 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: .
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5799
January 21, 2025
Page 2 of 2 Rev. 2020
Page 57 of 144
DEVELOPMENT AGREEMENT
This Development Agreement("Agreement")is entered into this day of ,
2025 ("Effective Date"), by and between the City of Auburn ("City"), a Washington municipal
corporation, and Portofino Investment Group I, LLC, a Washington limited liability company
("Owner"). 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 Copper Creek("Property"),
generally located at northwest corner of SE 304th Street and 124th Avenue SE in the City,
legally described on Exhibit A and depicted on Exhibit B. Owner may develop all or part
of the Property and seeks confirmation of the use and development standards that would
apply to such future development.
C. The City intends to design and construct intersection and street improvements in the
vicinity of the Project.
D. This Agreement will provide mutual benefit to the Parties and to the residents of the City.
The Agreement will further the City's goals and policies as described in the
Comprehensive Plan and Washington State's Middle Housing Bill (E2SHB 1110).
E. A development agreement must be approved by ordinance or resolution after a public
hearing. A public hearing was held on January 21, 2025, and the Auburn City Council
approved this Agreement by Ordinance 5799 on January 21, 2025. 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:
AGREEMENTS
1. Development. The Owner may develop the Property after the Effective Date of this
Agreement with a minimum of 107 and a maximum of 134 new residential, zero lot line
townhouse style dwelling units as generally depicted on the site plan attached hereto as
Exhibit C ("Development"). No project has been proposed or applications submitted.
The future Development will require a preliminary and final subdivision per Auburn City
Code Chapters. 17.20 and 17.12, respectively, SEPA environmental review per Auburn
City Code Chapter 16.06, a facility extension agreement, building permits, and other
construction and development permits from the City, which shall be governed by this
Agreement.
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 1
Resolution 5799
Page 58 of 144
2. Development Standards. Washington State's Middle Housing Bill (E2SHB 1110)
generally requires cities within Washington to allow zero lot line subdivisions for the
creation of middle housing as defined therein subject to certain exceptions and timelines.
City and Owner agree that the Development constitutes middle housing as described in
E2SHB 1110.As of the Effective Date, the City's existing Subdivision and Zoning Code
includes only partial provisions or development regulations for zero lot line subdivisions
of townhouse style residential dwelling units while the term for implementation of
E2SHB 1110 remains active. Therefore, consistent with E2SHB 1110, the City and
Owner acknowledge and agree that development of the Property occurring subsequent to
the Effective Date shall be vested to and governed by the following development
standards for the term of this Agreement and such standards are agreed to with
consideration of the entirety of the terms of the Agreement and the mutual benefits
conveyed to each by the Agreement:
2.1 Development Regulations.
a. Unit Count: Minimum of 107 units; maximum of 134 units on fee
simple lots.
b. ADUs/Multigenerational Housing Units. Minimum of 5% of the
dwelling units in the Development shall include ground floor ensuites plus
upper story ensuites to promote ADUs and/or multigenerational living
arrangements. For example, if Owner develops 107 dwelling units on the
Property, then at least five (5) of those dwelling units shall include ground
floor ensuites in addition to upper story ensuites.
c. Signage. Development's monument sign shall be lit with landscape
accents.
d. CPTED. Crime Prevention Through Environmental Design
(CPTED)principles shall be incorporated into the Development, including
enhanced front door security, ground level front windows, and appropriate
landscaping.
e. Homeowner's Association(HOA). City staff shall be included in
the Development's HOA handoff meeting.
f. Building Height: Maximum building height for residences and
accessory buildings and structures is 35 feet.
g. Minimum Lot Area. Minimum lot area inapplicable to
Development's townhome development on fee simple lots. Lot area
determined for Development by applying minimum setbacks to building
units, depending on if a townhome is an end or interior unit.
The minimum lot area for the parent lot prior to subdivision shall
be a minimum lot area of 2700 square feet for every four dwelling units.
h. Minimum Lot Width.
i. Townhome Interior Units—Minimum lot width determined
by width of townhome unit,with a minimum of 15 feet.
ii. Townhome End Units—Minimum lot width determined by
width of townhome unit plus required side yard setback,
with a minimum of 25 feet.
i. Minimum Setbacks to Units:
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 2
Resolution 5799
Page 59 of 144
i. Front— 10'
ii. Front Loaded Garage—20'
iii. End Unit Side— 5'
iv. Interior Unit Side—0'
v. End Unit Side adjacent to Street Side or Vehicle Access
Tract— 10'
vi. Rear— 10'
vii. Alley Load Garage (Rear)— 15'
j. Maximum Lot Coverage. Not applicable to townhomes constructed
in the Development.
k. Maximum Impervious Area: The maximum impervious area will
be 80%, calculated based on the entirety of the land area for the
Property subject to this Agreement, legally described in Exhibit A.
1. Minimum Landscaped Open Space—10% for townhome
development, calculated on an overall project basis.
m. Parks and Recreation: Fee-in-lieu for dedication of recreation
space within Development to meet minimum park dedication
required for subdivisions.
2.2 Private Roads and Tracts. The Development shall be served by the private roads and
private tracts as depicted on Exhibit C hereto and subject to the following standards:
2.2.1 General Standards Applicable to All Roads and Tracts within
Development:
a. All roads and tracts within Development shall be private; however,
Fire Access Requirements and Points of Access Requirements shall
be met (i.e., second access point if greater than 30 units).
b. Roadway geometrics for all roads and tracts in Development shall
meet standards for Fire Access, as identified in February 2024 City
of Auburn Engineering and Design Standards 7.05.04 entitled"Fire
Authority and Hydrant Access":
i. Minimum Width—20'
ii. Minimum Inside Radius—28'
iii. Minimum Centerline Radius—38'
iv. Minimum Outside Radius—48'
c. No planter strips required on any road or tract within the
Development.
d. Street trees within the Development will be located behind the
sidewalk but still require root barrier and appropriate tree selection
to reduce/eliminate potential for root damage to sidewalks and
roads/tracts in the future.
e. Roads and tracts shall be placed in access tracts or access
easements on the final plat in lieu of right-of-way. Tract lines to be
placed at back of sidewalk or back of concrete curb or, in the case
of an alley or Utility Access, the edge of asphalt.
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 3
Resolution 5799
Page 60 of 144
f. Allow for a cross-slope from edge to edge of road or tract in lieu of
a crown road section where appropriate drainage is provided.
g. Design speed of 15 MPH for all streets and tracts and posted for
10MPH.
h. Address any sight distance issues at the access to public roads, at
the road curves and at the access points to a private road per the
Engineering Design Standards issued February 8, 2024
("Engineering Design Standards").
i. No parking, road intersection, or aisle intersection will occur
within 40 ft from the right-of-way line on Property.
j. All sections of private roads and tracts where no parking is allowed
shall be signed and marked as fire lane no parking per ACC
10.36.175.
2.2.2 Applicable Road Standards. The standards applicable to each road section
included within the Development are depicted on Exhibit G attached
hereto and the location of each type of road section is shown on Exhibit C.
2.2.3 Commercial Driveway Aprons. The three (3)points of access with public
streets shown on Exhibit C may be designed as commercial driveway
aprons.
2.2.4 Hammerheads:Allow the use of a Hammerhead in lieu of a Cul De Sac
that meets City and VRFA standards in the locations shown on Exhibit C.
2.2.5 Utility Access:
a. This road is exempt from the roadway geometrics listed in Section
2.2.1(b) above, Engineering Design Standards apply.
2.2.6 Emergency Vehicle Access (EVA):
a. Access shall be for Emergency Vehicle access only and be gated
per City standards with separate pedestrian access to 124th Ave SE.
b. Access shall provide connection between the trail north of the EVA
to the public right-of-way.
2.3 Utilities. Provide standard easements for the sewer utility and provide adequate
separation from the proposed buildings to the City's sewer utility as determined
by the City in its reasonable discretion but in no case wider than authorized in
existing City code and Engineering Design Standards.
2.4 General. Except as otherwise provided in this Agreement, the use and
development of the Property shall be governed by the provisions of the City Code
in effect on the Effective Date and, for a period of 1-year following the Effective
Date, the impact fee schedules in effect on the Effective Date. Following
expiration of this 1-year period, the use and development of the Property shall be
subject to the impact fee schedule adopted in the City Code and any City Code
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 4
Resolution 5799
Page 61 of 144
provision which dictates the calculation or application of impact fees. Nothing in
this Agreement affects any interpretations of the City Code issued prior to the
Effective Date.
2.5 Public Health and Safety. Pursuant to RCW 36.70B.170(4), the City reserves
authority to impose new or different regulations to the extent required by a serious
threat to public health and safety.
3. Parking:
a. Guest Parking: 1 stall for every 5 townhouse units (either parallel or
perpendicular)that do not have driveway depth parking (20' driveways).
b. Off-Street Parking: Required off-street parking of two (2) vehicles per unit
may be met on lot, either in a garage, in a driveway of adequate length
(20') or a combination thereof The 20'required driveway length
referenced in this subsection shall exclude any adjacent sidewalk.
4. Transportation Improvements. Pursuant to Auburn City Code Ch. 12.64A, Owner
and City agree to the following terms and conditions:
a. Owner shall contribute $1.2 million dollars ($1,200,000.00)to the City for
the design,permitting and construction of a roundabout intersection
located at 116th Ave SE and SE 304th Street(the "Roundabout Payment").
b. Owner shall pay its proportionate share of the costs for the development
impacts to the future roundabout at the intersection of 116th Ave SE and
SE 304th Street. The parties hereby agree that the Project's proportionate
share for this improvement is $57,800 (the "Proportionate Share
Contribution to Roundabout").
c. Owner shall complete the public improvements along the Property
frontage of SE 304th Street and 124th Ave SE as shown on Exhibits E and
F.
d. Timing of Transportation Payments. Owner shall pay to the City the
Roundabout Payment and its Proportionate Share Contribution to
Roundabout on a prorated basis as a building permit for each dwelling unit
in the Development is issued, i.e., the total cost of the Roundabout
Payment plus the Proportionate Share Contribution to Roundabout divided
by the total number of units approved by City for the Development.
Owner acknowledges and agrees that the total Roundabout Payment and
Proportionate Share Contribution to Roundabout shall be paid to City no
later than 12/31/2026. If Owner fails to timely make this transportation
payment, the City may, as one of its remedies, stop issuing building
permits for dwelling units within the Development.
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 5
Resolution 5799
Page 62 of 144
5. Park Improvements. As a condition of annexation of the Property to the City of Auburn,
the homeowners'association for the Development took title from the City of Kent of
certain sensitive area and open tracts described as King County Parcel Nos. 108562-3810
(Tract B); 108562-3830 (Tract I); 108562-3870 (Tract Y); 108562-3920 (Tract TT) (the
"Copper Creek Open Space Property"). The Copper Creek Open Space Property includes
numerous trails and associated amenities. In consideration of said homeowners'
association's ownership and maintenance of the Copper Creek Open Space Property and
the additional benefits to the City contained in this Agreement, the City hereby agrees to
waive Owner's payment of its Park Impact Fees for the Development.
6. Term. This Agreement shall remain in effect for 10 years from the Effective Date
("Term").
7. Conforming structures, improvements and uses. Amendments to the City Code or the
expiration of this Agreement shall not create nonconforming structures, improvements, or
uses. Structures, improvements and uses that are consistent with this Agreement shall be
considered conforming. Such uses may continue, and such structures and improvements
may be maintained, repaired, remodeled and replaced, consistent with the standards in
Section 1. This provision shall survive termination of this Agreement.
8. Amendments. The Owner may apply for amendments to this Agreement. Minor
amendments are those that do not increase the unit count of potential development on the
Property by more than 10% and do not significantly increase the environmental impacts
of development on the Property,unless those impacts are mitigated to a level that is less
than significant. Minor amendments may include, but are not limited to, development
standard deviations in addition to those provided in Section 2. Minor amendments shall
be approved administratively in writing by the City's Community Development Director
in coordination with the City's Public Works Director. All other amendments are major
amendments and shall be approved in writing using the approval process required for this
Agreement.
9. 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.
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 6
Resolution 5799
Page 63 of 144
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. In no event shall any Party be liable hereunder for
punitive, consequential or indirect damages, including lost profits.
d. Attorneys'Fees. In any action to enforce or determine a party's rights
under this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs.
10. 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: Portofino Investment Group I, LLC
c/o Oakpointe
3025 112th Ave NE, Suite 100
Bellevue WA 98004
If to City: Jason Krum
Director of Community Development
City of Auburn
25 West Main St.
Auburn, WA 98001
The Parties,by notice given, may designate any further or different address to which
subsequent notices are to be sent.
11. Governing Law. This Agreement shall be governed by the laws of the State of
Washington.
12. 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.
13. 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.
14. 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. Written notice of assignment shall be provided by Owner to City within ten (10)
business days of the effective date of any assignment.
15. Recording. This Agreement shall be recorded with the Office of the King County
Recorder by Owner following mutual execution at its sole cost and expense.
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 7
Resolution 5799
Page 64 of 144
16. 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 Section 8 of this Agreement.
17. Severability. If any provisions of this Agreement are determined to be unenforceable or
invalid in a final decree or judgment by a court of law, then the remainder of this
Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and
in full force and effect.
18. Authority. 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.
19. 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.
20. Exhibits. This Agreement includes the following Exhibits,which are incorporated by
reference:
a. Exhibit A: Legal description of Property.
b. Exhibit B: Depiction of Property.
c. Exhibit C: Site Plan
d. Exhibit D: Intentionally Deleted
e. Exhibit E: Depiction of 124th Public Improvements Along Property
Frontage
f. Exhibit F: Depiction of 304th Public Improvements Along Property
Frontage
g. Exhibit G: Road Section Standards
[signatures on the following page]
City of Auburn/Portofino Investment Group I
Development Agreement-Attachment A-Page 8
Resolution 5799
Page 65 of 144
Executed as of the date written above.
PORTOFINO INVESTMENT GROUP I, LLC,
a Washington limited liability company
By:
Name:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she/they signed this
instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument.
Given under my hand and official seal this day of , 2025.
(Signature)
(Print Name)
Notary Public in and for the State of Washington
Residing at:
My commission expires:
City of Auburn/Portofino Investment Group I
Development Agreement-Page 9
Resolution 5799
Page 66 of 144
CITY OF AUBURN,
a Washington municipal corporation
By:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that he/she/they signed this
instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument.
Given under my hand and official seal this day of , 2025.
(Signature)
(Print Name)
Notary Public in and for the State of Washington
Residing at:
My commission expires:
Approved as to Legal Form:
By:
Jason Whalen,Auburn City Attorney
City of Auburn/Portofino Investment Group I
Development Agreement-Page 10
Resolution 5799
Page 67 of 144
EXHIBIT A
Legal Description of Property
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit A
Resolution 5799
Page 68 of 144
EXHIBIT B
Depiction of Property
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit B
Resolution 5799
Page 69 of 144
EXHIBIT C
Site Plan
[see attached]
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit C
Resolution 5799
Page 70 of 144
EXHIBIT D
Intentionally Deleted
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit D
Resolution 5799
Page 71 of 144
EXHIBIT E
Depiction of 124th Public Improvements Along Property Frontage
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit E
Resolution 5799
Page 72 of 144
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Project Contact Grant Lewis
Phone 952-270-9089
DATE: 10/16/2024 Page 73 of 144
EXHIBIT F
Depiction of 304th Public Improvements Along Property Frontage
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit F
Resolution 5799
Page 74 of 144
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DATE: 10/16/2024 Page 75 of 144
EXHIBIT G
Road Section Standards
City of Auburn/Portofino Investment Group I
Development Agreement—Exhibit G
Resolution 5799
Page 76 of 144
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Page 77 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5802 (Whalen) January 21, 2025
A Resolution authorizing the Mayor to execute an agreement between the
City of Auburn and Utopia Landscaping, LLC for Landscaping Services
(RECOMMENDED ACTION: Move to adopt Resolution No. 5802.)
Department: Attachments: Budget Impact:
Legal Resolution No. 5802, Contract $150,000.00
Administrative Recommendation:
City Council to adopt Resolution No. 5802.
Background for Motion:
Resolution No. 5802 would allow approval of the contract with Utopia Landscaping, LLC for limited-
service landscaping cleanup and maintenance at various City locations.
Background Summary:
The City entered into a 2-year contract with Utopia Landscaping LLC ("Utopia") for limited-service
landscaping cleanup and maintenance for 2023-2024 after Utopia's bid was selected. Following a
City issued request for proposal, Utopia is selected for another 2-year contract with the City for
limited-service landscaping cleanup and maintenance effective upon execution of the contract. The
services performed by Utopia include general landscape clean-up and maintenance, snow removal
and de-icing at 7 City-owned sites throughout downtown. Utopia may also provide a Spring cleanup,
Fall cleanup and/or specific projects as deemed necessary. The services provided are not within
areas serviced by City staff. The Auburn community and City employees will realize a public benefit
from the services provided by Utopia.
Councilmember: Kate Baldwin Staff: Jason Whalen
Page 78 of 144
RESOLUTION NO. 5802
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND UTOPIA LANDSCAPING, LLC FOR
LANDSCAPING SERVICES
WHEREAS, following a City issued request for proposal, the City has selected
Utopia Landscaping, LLC for limited-service landscape cleanup and maintenance, snow
removal, de-icing, turf cleaning and other related services at various City locations;
WHEREAS, the City and Utopia Landscaping, LLC intend to enter into a contract
for the landscaping-related services;
WHEREAS, a copy of the proposed contract is attached to this Resolution as
Exhibit A; and
WHEREAS, the Auburn community will realize a public benefit from the services
provided by Utopia Landscaping, LLC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and Utopia Landscaping, LLC, which agreement will be in substantial conformity with the
agreement attached hereto.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Resolution No. 5802
December 16, 2024
Page 1 of 2 Rev. 2024
Page 79 of 144
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5802
December 16, 2024
Page 2 of 2 Rev. 2024
Page 80 of 144
Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
CITY OF AUBURN
CONTRACT FOR SERVICES
Limited-Service Landscape Cleanup & Maintenance Contract
Utopia Landscaping, LLC
THIS CONTRACT made and entered into on this of , 2025 (the
"Commencement Date"), by and between the CITY OF AUBURN ("City"), a municipal
corporation of the State of Washington, and Utopia Landscaping, LLC (UBI #604820674)
("Contractor"),whose address is 22503 91st Ave E#30, Graham, WA 98338.
RECITALS:
1) The City of Auburn's Real Estate Division oversees and manages certain real estate
generally located in the City's downtown area(hereinafter referred to both singularly and
collectively as the "Sites").
2) On November 8,2024,the Real Estate Division published a Request for Proposals (RFP)
seeking proposals for Limited-Service Landscape Cleanup & Maintenance work. RFP
responses were due by 3PM PST on December 5, 2024.
3) The City received two responses. Upon reference checking the lowest bidder, the
references were not favorable. Therefore, the City determined them to not be a
responsible bidder and elected to proceed with the other bidder, Utopia Landscaping,
LLC whose references were favorable.
In consideration of the conditions and the mutual promises and covenants contained in this
Contract, the parties agree as follows:
1. Scone of Services
The Contractor agrees to perform tasks and services described in Exhibit A ("Work
Description") at those locations listed and depicted in Exhibit B (collectively or
individually referred to as the "Site(s)"). The Contractor will perform the work and
service in a quality and professional manner acceptable to the City. The Contractor will,
without additional compensation, correct or revise any negligent errors, omissions or other
deficiencies in its services whether during or after the Term of this Contract. Any approval
by the City of Contractor's services or payment for work will not in any way relieve the
Contractor of responsibility for the adequacy of its services.
The City and the Contractor will work together to determine which services will be provided
throughout the year and when those services will be performed. The City makes no
Utopia 2025-2026 Limited-Service Landscape&Maintenance Contract
December 12,2024
Page 1 of 33
Page 81 of 144
Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
representation that all of the services provided for in the Work Description will be performed
as part of this Contract.
The Contractor shall supply all labor, materials, tools, protective clothing, gear and
equipment that is required or needed to perform the services and dispose of the waste
materials.
The Contractor shall also provide for and pay for the appropriate disposal of materials and
debris it removes from the Sites out of the proceeds of this Contract.
The Contractor acknowledges that the Sites are active public and City employee parking lots
or other active motor and emergency vehicle areas. The Contractor warrants that it will use
due diligence and care and take all necessary safety precautions when working on or around
the Sites. Contractor further warrants that it will take all reasonable precautions to ensure the
safety of people and property on or about the Site, whether it be associated with the City or
the public. Any neglect to take reasonable precautions when working on or around the Sites
will be considered Defective Work and subject to the provisions described in Section 5.0
below.
2. Contractor's Representations
The Contractor represents and warrants that it is qualified to perform those services described
in Exhibit A and has or can obtain all necessary licenses,tools, skills and personal protective
equipment to perform those services. Where applicable,the Contractors that it will adhere to
Washington State Department of Ecologies Best Management Practices ("BMPs") (S406
relating to de-icing, S411 relating to Landscaping and Vegetation Management, & S431
relating to washing structures), copies for which are attached for reference as Addendum 1.
Contractor will be responsible for the supervision/management of its crew and ensure all
necessary safety precautions and procedures are followed to protect its employees and the
public.
Prior to commencing any work associated with this Contract, Contractor shall supply the
City with the copies of the following documents:
• Active State of Washington business and contractor's licenses
• City of Auburn active business license
• Certificate of Insurance meeting the terms set forth in Section 13 below.
Contractor warrants that any person conducting work on behalf of this contract, not having
at least thirty (30%) percent ownership in the company shall be paid wages at or above the
prevailing wage rate for Landscape Maintenance or other appropriate trade category for King
County as of the RFP advertise date referenced in the recitals.
Contractor further represents that the person signing this Contract on behalf of Contractor
has all requisite authority to bind Contractor to the terms and conditions of this Contract.
Utopia 2025-2026 Limited-Service Landscape&Maintenance Contract
December 12,2024
Page 2 of 33
Page 82 of 144
Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
3. Compensation
As compensation for the Contractor's performance of the services provided for in this
Contract, the City will pay the Contractor for work performed and in the manner (per task,
or hourly labor)and at the contract rates described in Exhibit C("Contract Rates"),subject
to additions and deductions by change order as may come to exist.
"Per Task" — Contract Rates paid "per task" are inclusive of any and all taxes, fees,
equipment rental, etc. associated with completing the task.
"Hourly Rate"— Contract Rates paid "per hour" are for labor only. All other costs and fees
required to complete the work will be reimbursed by the City at the actual cost (including
tax) paid by the Contractor. This can include dumping fees, cost of materials (excluding
tools)and the cost of any equipment rental needed to complete the work. The Contractor will
be expected to provide proof of incurred expense in order to have such expenses reimbursed
by the City. Hourly rates may be charged for all time spent completing the work, including
hauling, dumping of materials, picking up and returning equipment etc. Milage, fuel or any
administrative or management fees are expressly not reimbursable under this Contract.
These payments will be full compensation for services rendered, including all labor,
materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the
work unless otherwise described.
The Contractor will submit invoices to the City upon completion of requested work, or upon
such other time and intervals agreed to by the Parties. Upon i) receipt and approval of the
invoice, ii) receipt of the required prevailing wage intent and affidavit, if needed, and iii)
acceptance of the services rendered,the City will process the invoice in the next billing/claim
cycle, and will remit payment to the Contractor, subject to any conditions or provisions in
this Contract or Amendment.
4. Retainage and Prevailing Wages
If Contractor uses labor by any employee or an owner owning less than 30%in the company
while performing the services of this contract, then Contractor shall file a "Statement of
Intent to Pay Prevailing Wages" with the State of Washington Department of Labor &
Industries prior to commencing work. The Contractor shall pay prevailing wages and comply
with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable
prevailing wage rate provisions to any non-owner performing labor for this contract. The
prevailing wage rate revision effective date, November 8, 2024 is linked in Exhibit D and
by this reference incorporated herein and made a part hereof. In the event of employee labor
or owners with less than 30% ownership interest in the company is used to provide work for
the contract, the City will not issue payment to Contractor until the City receives a
Department of Labor and Industries approved Statement of Intent to Pay Prevailing Wages
form, copies of certified payroll approved by Washington State Labor and Industries (L&I)
Utopia 2025-2026 Limited-Service Landscape&Maintenance Contract
December 12,2024
Page 3 of 33
Page 83 of 144
Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
and an L&I approved Affidavit for the Contractor and each and every subcontractor
providing work for the contract.
5. Defective or Unauthorized Work
The City reserves its right to withhold payment from the Contractor for any defective,
unauthorized or incomplete work. Defective, unauthorized or incomplete work includes,
without limitation:work that does not conform to the requirements of this Contract,any extra
work charged for without the City's written approval. If the Contractor is unable, for any
reason, to satisfactorily complete any portion of the work, the City may complete the work
by contract or otherwise,and the Contractor shall be liable to the City for any additional costs
incurred by the City. If the Contractor as part of its work creates unnecessary or unreasonable
impact to the Sites, the contractor shall be responsible for restoration of the impacted areas
at their sole cost and expense plus additional costs that shall not be charged against this
Contract. "Additional costs" shall mean all reasonable costs, including legal costs and
attorney fees,incurred by the City beyond the maximum Contract price specified above. The
City further reserves its right to deduct the cost to complete the Contract work, including any
additional costs, from any and all amounts due or to become due the Contractor.
6. Term, and Termination of the Contract
This Contract will commence on the Commencement Date and unless otherwise terminated
for cause or convenience as described below, the Contract will expire on 12/31/2026
("Expiration Date").
Termination for cause. Except as provided in Section 13, either party may terminate this
Contract upon not less than seven (7) days from issuing written notice to the other party if
the other party fails substantially to perform in accordance with the terms of this Contract
through no fault of the party terminating the Contract. The notice will identify the reason(s)
for termination, and specify the effective date of termination. In the event of a default by
Contractor, City may suspend all payments otherwise due to Contractor and the City will
have no further obligations to Contractor.
Termination for Convenience. The City may terminate this Contract upon not less than
seven (7) days written notice, which shall contain the effective date of termination, to the
Contractor. If this Contract is terminated through no fault of the Contractor, the Contractor
will be compensated for work performed prior to termination in accordance with the rate of
compensation provided in Exhibit A. This payment shall fully satisfy and discharge the City
of all obligations and liabilities owed the Contractor, who shall not be liable for any
anticipated profits or other consequential damages resulting from the termination.
Upon receipt of a termination notice, the Contractor will promptly discontinue all work and
deliver any outstanding invoice for services performed to the City immediately.
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All rights and remedies provided in this Section are not exclusive of any other rights or
remedies that may be available to the City, whether provided by Law, equity, in any other
Contract between the parties or otherwise.
7. Changes, Protest and Claims
Either party may request a written change order for any change in the Contract work during
the performance of this Contract. Such requests will not invalidate this Contract.
Contractor must submit a written change order request to an authorized City agent within 3
calendar days of the date the facts and events giving rise to the requested change occurred.
If Contractor fails to request a change order within this deadline, Contractor waives its right
to make any claim or submit subsequent change order requests for that portion of the Contract
work.
The City may order extra work in writing, or may make changes to the Contract work by
altering, adding to, or deducting from the Scope of Work. The Contractor shall proceed with
the change order work upon receiving a written change order from the City.
If the City determines that a change initiated by the City or Contractor increases or decreases
the Contractor's costs or time for performance, the City will make an equitable adjustment
and will attempt, in good faith, to reach agreement with the Contractor. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. If the Contractor disagrees with the equitable adjustment, the Contractor must
complete the change order work;however,the Contractor may elect to protest the adjustment
as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a change order or other written order from the City, including any direction,
instruction, interpretation, or determination by the City, the Contractor shall:
1.Within 5 days of receiving the change order that the Contractor desires to protest, the
Contactor shall give a signed written notice of protest to the City; and
2. Supplement the written protest within 14 calendar days with a written statement that
provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was
determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the
Contractor is asserting a schedule change or disruption.
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The Contractor shall keep complete records of extra costs and time incurred as a result of the
protested work. The City shall have access to any of the Contractor's records needed for
evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are followed.
If the City determines that a protest is valid, the City will adjust payment for work or time
by an equitable adjustment. No adjustment will be made for an invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2)writing a separate acceptance, or(3) not protesting in
the way this section provides. A change order that is accepted by the Contractor as provided
in this section shall constitute full payment and final settlement of all claims for Contract
time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written order (including directions, instructions, interpretations, and
determination).
G. Claims. The Contractor waives right to a claim if they have not followed the protest
procedures outlined in this Contract. If resolution of a protest cannot be reached, and the
Contractor wishes to pursue a claim, the Contractor shall give written notice of claim to the
City within 15 calendar days of the City's notice of its final decision on the Contractor's
protest. Any claim for damages, additional payment for any reason, or extension of time,
whether under this Contract or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Contract. At a minimum, a Contractor's written claim must
include the information set forth regarding protests in this Contract.
Failure to provide a complete, written notification of claim within the time allowed shall be
an absolute waiver of any claims arising in any way from the facts or events surrounding that
claim or caused by that delay. The Contractor must,in any event, file any claim or bring any
suit arising from or connected with this Contract prior to signing the Final Payment Form.
THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING
WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S
CLAIMS,EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED
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BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
8. Records Inspection and Audit
All compensation payments will be subject to the adjustments for any amounts found upon
audit or otherwise to have been improperly invoiced, and all records and books of accounts
pertaining to any services performed under this Contract will be subject to inspection and
audit by the City for a period of up to three (3) years from the final payment for work
performed under this Contract. If any litigation, claim, dispute, or audit is initiated before
the expiration of the three(3)pear period, all records and books of account pertaining to any
work performed under this Contract will be retained until all litigation, claims, disputes, or
audit are finally resolved.
9. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
will continue to make a good faith effort to cooperate and continue to work toward successful
completion of the delivery of services and its contractual responsibilities.
10. Independent Contractor
The Contractor will perform the services as an independent contractor and will not be
deemed, by virtue of this Contract and performance of its provisions, to have entered into
any partnership,joint venture, employment or other relationship with the City. Nothing in
this Contract creates any contractual relationship between the Contractor's employee, agent,
or subcontractor and the City.
11. Administration of Contract& Designated Representative
This Contract will be administered by Pedro Vazquez, on behalf of the Contractor, and by
the Mayor of the City, or designee, on behalf of the City. The City designates those
individuals listed below to act as administrators of this Contract on behalf of the City. Any
written notices required by the terms of this Contract will be served on or mailed to the
following addresses:
City of Auburn Utopia Landscaping, LLC
Real Estate Division Pedro Vazquez
Josh Arndt 22503 91st Ave E#30
25 West Main St Graham, WA 98338
Auburn WA 98001-4998 Phone: 253.389.9887
Phone: 253.288.4325 Email:
Email: jarndt@auburnwa.gov Utopialandscapelipf@gmail.com
12. Notices
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All notices or communications permitted or required to be given under this Contract will be
in writing or electronic transmission (email) and will be deemed to have been duly given if
delivered in person or sent by regular mail, postage prepaid, and addressed, if sent by email
it will be deemed delivered when sent by the sending party, if to a party of this Contract, to
the address for the party set forth above. If addressed to a non-party, the notice will be sent,
in the foregoing manner, to the address designated by a party to this Contract.
Either party may change its address by giving notice in writing to the other party.
13. Insurance
A.Insurance Term. The Contractor shall procure and maintain insurance,as required in this
Section, without interruption from the commencement of the Contractor's work through the
term of the Contract and for thirty (30) days after the Physical Completion date, unless
otherwise indicated herein.
B. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and
limits as required herein shall not be construed to limit the liability of the Contractor to the
coverage provided by such insurance, or otherwise limit the Public Entity's recourse to any
remedy available at law or in equity.
C.Minimum Scope of Insurance.The Contractor's required insurance shall be of the types
and coverage as stated below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form
CA 00 01.
2. Commercial General Liability. insurance shall be at least as broad as ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide a per project general aggregate
limit using ISO form CG 25 03 05 09 or an endorsement providing at least as broad
coverage. There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The Public Entity shall be named as an additional
insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the Public Entity using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad
coverage.
3. Workers' Compensation Coverage as required by the Industrial Insurance laws of the
State of Washington.
D.Minimum Amounts of Insurance.The Contractor shall maintain the following insurance
limits:
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1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident
2. Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate, and $2,000,000 products-
completed operations aggregate limit.
E.Public Entity Full Availability of Contractor Limits.If the Contractor maintains higher
insurance minimums shown above, the Public Entity shall be insured for the full available
limits of Commercial General and Excess or Umbrella liability maintained by the
Contractor, irrespective of whether such limits maintained by the Contractor are greater than
those required by this Contract or whether any certificate of insurance furnished to the Public
Entity evidences limits of liability lower than those maintained by the Contractor.
F. Other Insurance Provision. The Contractor's Automobile Liability and Commercial
General Liability insurance policies are to contain or be endorsed to contain that they shall
be primary insurance as respect the Public Entity. Any insurance, self-insurance, or self-
insured pool coverage maintained by the Public Entity shall be excess of the Contractor's
insurance and shall not contribute with it.
G. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A: VII.
H. Verification of Coverage. The Contractor shall furnish the Public Entity with original
certificates and a copy of the amendatory endorsements,including but not necessarily limited
to the additional insured endorsements, evidencing the insurance requirements of the
Contractor before commencement of the work. Upon request by the Public Entity, the
Contractor shall furnish certified copies of all required insurance policies, including
endorsements, required in this Contract and evidence of all subcontractors' coverage.
I. Subcontractors' Insurance. The Contractor shall cause each and every Subcontractor to
provide insurance coverage that complies with all applicable requirements of the Contractor-
provided insurance as set forth herein, except the Contractor shall have sole responsibility
for determining the limits of coverage required to be obtained by Subcontractors. The
Contractor shall ensure that the Public Entity 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 10 10 01 for ongoing operations and CG 20 37 10 01 for completed
operations.
J. Notice of Cancellation. The Contractor shall cause each and every Subcontractor to
provide insurance coverage that complies with all applicable requirements of the Contractor-
provided insurance as set forth herein, except the Contractor shall have sole responsibility for
determining the limits of coverage required to be obtained by Subcontractors. The Contractor
shall ensure that the Public Entity 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 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.
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K.Failure to Maintain Insurance. The Contractor shall cause each and every Subcontractor
to provide insurance coverage that complies with all applicable requirements of the
Contractor-provided insurance as set forth herein, except the Contractor shall have sole
responsibility for determining the limits of coverage required to be obtained by
Subcontractors. The Contractor shall ensure that the Public Entity 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 10 10 01 for ongoing operations and CG 20 37
10 01 for completed operations.
14. Indemnification/Hold Harmless
The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials,
employees and volunteers harmless from any and all claims,injuries,damages,losses or suits
including attorney fees, arising out of or in connection with the performance of this
Agreement, except for injuries and damages caused by the sole negligence of the Public
Entity.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the Public Entity, its officers, officials, employees, and volunteers, the
Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It
is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by
the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
15. Assignment and Subcontracting
Neither party to this Contract will assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party. No assignment or transfer of any
interest under this Contract will release the assignor from any liability or obligation under
this Contract,or to cause any such liability or obligation to be reduced to a secondary liability
or obligation.
The Contractor shall not subcontract work unless the City approves in writing. If the City
requests,the Contractor shall provide proof that the subcontractor has the experience,ability,
and equipment the work requires.
The Contractor shall require each subcontractor to comply with RCW 39.12 (Prevailing
Wages on Public Works) and to furnish all certificates and statements required by the
Contract. No payment shall be issued until a Statement of Intent to Pay Prevailing Wages
form, for the Contractor and each and every subcontractor, has been approved by the State
Department of Labor& Industries, and is received by the City.
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Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor's bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
This section does not create a contractual relationship between the City and any
subcontractor. Also,it is not intended to bestow upon any subcontractor,the status of a third-
party beneficiary to the Contract between the City and the Contractor.
16. Nondiscrimination
The Contractor may not discriminate regarding any services or activities to which this
Contract may apply directly or through contractual, hiring, or other arrangements on the
grounds of race,color,creed,religion,national origin,sex,age,or where there is the presence
of any sensory, mental or physical handicap.
17. Amendment, Modification or Waiver
No amendment,modification, or waiver of any condition,provision, or term of this Contract
will be valid or of any effect unless made in writing, signed by the party or parties to be
bound, or the party's or parties' duly authorized representative(s) and specifying with
particularity the nature and extent of such amendment,modification or waiver. Any waiver,
approval or acceptance, or payment by any party will not affect or impair that party's rights
arising from any default by the other party.
18. Parties in Interest
This Contract is binding upon, and the benefits and obligations hereto will inure to and bind,
the parties and their respective successors and assigns, although this section will not be
deemed to permit any transfer or assignment otherwise prohibited by this Contract. This
Contract is for the exclusive benefit of the parties and it does not create a contractual
relationship with or exist for the benefit of any third party, including contractors, sub-
contractors and their sureties.
19. Force Maieure
Any delay in the performance of any obligation under this Contract shall be excused, if and
so long as the performance of the obligation is prevented, delayed or otherwise hindered by
any act not within the control of a party such as fire, cyber/ransomware attack, earthquake,
flood, explosion, actions of the elements, riots, mob violence, strikes, pandemic, lockouts,
and emergency orders of the state or federal government.
20. Applicable Law
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This Contract and the rights of the parties will be governed by with the laws,regulations, and
ordinances of the City, of the State of Washington, and King County. Venue for any action
involving this Contract will be in the county in which the property or project is located, and if
not site specific,then in King County. It is agreed that any applicable statute of limitation will
commence no later than the substantial completion by the Contractor of the services.
21. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Contract are inserted for
convenience of reference only and will not constitute a part of this Contract or act as a
limitation of the scope of the particular paragraph or sections to which they apply. Where
appropriate, the singular will include the plural and vice versa and masculine, feminine and
neuter expressions will be interchangeable. Interpretation or construction of this Contract
will not be affected by any determination as to who is the drafter of this Contract, this
Contract having been drafted by mutual Contract of the parties.
22. Severable Provisions
Each provision of this Contract is intended to be severable. If any provision is illegal or
invalid for any reason,such illegality or invalidity will not affect the validity of the remaining
provisions.
23. Entire Contract
This Contract together with any subsequent amendments or addendums contains the entire
understanding of the parties in respect to the transactions contemplated and supersedes all
prior representations, Contracts and understandings between the parties, either oral or
written. No other understandings, oral or otherwise, regarding this Contract shall bind any
party.
24. Non-Availability of Funds
Every obligation of the City under this Contract is conditioned upon the availability of funds
appropriated or allocated for the performance of such obligation; and if funds are not
allocated and available for the continuance of this Contract, then this Contract may be
terminated by the City at the end of the period for which funds are available, without the
seven(7)days' notice provided by Section 6. No liability will accrue to the City in the event
this provision is exercised,and the City will not be obligated or liable for any future payments
or damages as a result of termination under this Section.
25. Counterparts
This Contract may be executed in multiple counterparts, each of which will be one and the
same Contract and will become effective when one or more counterparts have been signed
by each of the parties and delivered to the other party.
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed effective
the day and year first set forth above.
CITY OF AUBURN UTOPIA LANDSCAPING,LLC
I ocuSigned by:
( v C 1/3/2025
�U P ObL bUravto
Nancy Backus, Mayor Pedro Vazquez, Owner
Approved as to Form
Jason Whalen, City Attorney
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EXHIBIT A
Work Description
Time of Work Item
Year Frequency Description
• Prune trim trees
Prune trees • Collect trinmungs clean work area
ra needed) • Dispose trimmings at an appropriate facility
• Rent equipment as needed
• Trim all hedges and plants located within landscape
Trim hedges & areas
other vegetation • Collect tnnmungs clean work area
(annuallt
Fall • Dispose trimmings at an appropriate facility
Collect leaves • Collect leaves& other vegetation debris throughout site
& other debris • Dispose of leaves& other vegetation at an appropriate
r_'.Y per month
Oct —Dec) site
• Collect vegetation debris throughout site
Storm cleanup • Dispose of collected debris at an appropriate facility
ra:needed)
• Rent equipment as needed
• Plow remove snow throughout drive isles and walkways
(vehicle plowing snow blowing vs hand shoveling as
appropriate)
Snow removal • Ensure vehicles do not get blocked in
Winter & De-icing • Pile moved snow appropnaitely onsite to cause least
ra:needed►
As amount of disruption to the site
Needed • Dispense environmentally friendly de-icing agent
throughout site
De-icing only • Dispense environmentally friendly de-icing agent
ras n<<•ic.l throughout site
• Remove weeds from site landscape areas
Weeding • Collect and dispose of weeds at an appropriate facility
)annualh)
• C lean work areas appropriate
Refresh bark • Bring in and dispense bark thoroughly throughout
Spring (Medium) landscape areas
rannualh) • Clean work areas as appropriate
Pressure • Pressure wash interiors. exteriors. and doors of trash
washing enclosures
curbing. parking • Pressure wash curbing and parking stops
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stops and trash • Contractor will be responsible for bringing in water
enclosures • Collect wastehlmoff water and debris and dispose of at
(as needed) an appropriate facility as directed in the Best
Management Practices in Exhibit B attached
• Clean work area as appropriate
• Remove dead, dying or other identified plants, bushes or
shrubs as directed by City
Plant • Collect and dispose of removed vegetation at an
replacement appropriate facility
(as needed) • Replace or plant shrubs, bushes or other plants as
directed and in a location determined by the City
• Clean work area as appropriate
• Mow, trim&blow landscape islands, and the East Field
Mow, of 12th Street Property(weekly April—September)
Trim, & • Mow or weed eat West Field& Fenced Area of 12th
As
Blow Street Property(as needed)
Indicated
Pet Area • Pressure wash& scrub with pet-friendly chemical
Turf Cleaning cleaning agent 740 square feet of synthetic turf
(monthly)
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT B
Sites
Site » Lot Name l Address I Parcel# Description
• 22 stall short term
public parking
• Landscape area;
with vegetation
1 Kiss&Ride (behind Oddfellas) 7815700172 two 30 deciduous
trees
• Two C'MU trash
enclosures
Inrannonnfh
On11n'd
• 63 stall public
parting lot w alley
B Street Mural 137 E'�fain St 0489000040 • Landscape areas
Lot Auburn.98002 0483000085 around the perimeter
0483000080 and interior
• Four 30' deciduous
trees
I • 125 stall public
parking lot
• Minunallandscape
7 B Street SE areas
4 Safeway Lot auburn 980027331400135 • Multiple 20'—
deciduous tees
• Four cement&
wood slated trash
enclosures
•
• 20 stall public
parking lot
350 E Maui St • Perimeter landscape
D Street Lot Auburn.98002 4890000005 areas on two sides
• Three 40
deciduous tees&
one conifer tree
• Active use public
safety building w
some restricted
extenor areas
7331400465 • 46 restricted area
7331400485 parking spaces
6 ?u,nce C eater 340E Main St 7331400486 • 65 guest parking
Auburn.98002 7331400500 spaces
7331400510 • Multiple interior and
exterior landscape
areas
• Multiple large and
small deciduous&
I , coniferous trees
tC Employee Lot 20 D Street SE I 8698100030 • 55 stall employee
Auburn.98002 8698100035 parking lot for the
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8698100040 public safet-
building
• Mminiallandscape
areas
• Large and small
hedges around
perimeter
• MSuluple deciduous
and coniferous tees
• Former medical
office property w• a
remarmn2 55 stall
surface lot w•
landscape islands
and shrub perimeter
1921059160 • Several deciduous
1921059161 and conifer tees of
735 12'Street SE various sLMes
8 1_"th Street Property auburn_��A 98002 1921059111 • :wo arate lane
1921059140 field arelaneas(west
1921059088 field area approx.
3acres)(east field
area approx 32
acres)
• Fenced Area-is
the location of the
former biu:drng
Lot
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Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
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Utopia 2025-2026 Limited-Service Landscape&Maintenance Contract
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Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
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Utopia 2025-2026 Limited-Service Landscape&Maintenance Contract
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Docusign Envelope ID:965C4A01-0C2E-4061-94AD-45D36527608A
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Utopia 2025-2026 Limited-Service Landscape&Maintenance Contract
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EXHIBIT C
Contract Rates
❖ All task prices are to be inclusive of all taxes and fees
❖ All hourly prices are for 1 hr of labor only, materials, dump fees, taxes to be reimbursed
separately by City at actual cost.
Ski I Work Item Bid Type Bid Proposal
Pnine Trees Per hour S 1_10 no lu
labor
Trim hedges & other vegetation Per Task S s_St on Task
Collect leaves& other debris Per Month
(Task= 's per month SS x bi-►.eek11 $ 264 48 Month(Task)
riser Oct —Dec ) (Task)
Storm cleanup Per hour S 3_-An on br
labor
Kiss& Ride
Snow removal & de-icing Per Task S :(,.1 s, Task
Behind
Oddfellas De-ice only Per Task S 4e.5 94 Task
Weeding Per Task S ,yip gp Task
Refresh bark
(Medium Bark) Per Task S , ; :n Task
Pressure washing curbing. parking Per Task S 07q 46 Task
stops trash enclosures
Plant Replacement Per hour S 334 00 Task
labor
Site 2 Work Item Bid Tye Bid Proposal
Intentionally
Omitted
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Site 3 Work Item I Bid Type IBid Proposal
Per hour
Prune Trees labor S 330.00 hr
True hedges & other vegetation A _Not Applicable
Collect leaves & other debris Per Month
(Task= 2x per month SS Is bi-w eekh (Task) S 330 60 Month(Task)
sisrt Ocr —Dec
Storm cleanup Per hour S 3_qn tin hr
labor
B Street Snow removal & de-icing Per Task $ Lam,An Task
Mural Lot
De-ice only Per Task S R„f;, Task
137E Main St
Weeding Per Task S `�° sa Task
Refresh bark Per Task S t 057 92 Task
(Medium Bark)
Pressure washing curbing. parking Per Task S (,u in Task
stops& trash enclosures
Plant Replacement Per hourS 330 00 Task
labor
Pet Area Turf Cleaning Per Month g t oas go Month(Task)
(Task = Ix cleaning per months (Task)
Site 4 Work Iteiii I Bid Type I Bid Proposal
Prune Trees Per hour $ 11n nn hr
labor
Trim hedges & other vegetation Per Task S ssi 00 Task_
Collect leaves & other debris Per Month
(Task= 2.i per month SS w. b►-weekli S 445 q0 Month (Task)
visit Oct —Dec ) (Task)
Safeway Lot Storm cleanup Per hour S 33n nn hr
labor
7 B Street SE
Snow removal & de-icing Per Task S , "1,,,n Task
De-ice only Per Task S °,fi m Task
Weeding Per Task S ,,, an Task
Refresh bark Per Task S 1_046.9C Task
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(Medium Bark)
Pressure washing curbing. parking Per Task 5 , 02 an Task
stops& trash enclosures
Plant Replacement Per hour S a;o oo Task
labor
Site 5 _ Work Item Bid Type _ Bid Proposal
Prune Trees Per hour $ 330 oo hr
labor
Trim hedges & other vegetation Not Applicable
Collect leaves & other debns Per Month
(Task= 2x per month SS Is bz-weekh (Task) ) 242 44 /Month(Task)
visit Oct —Dec
Storm cleanup Per hour5 -no on br
labor
D Street Lot Snow removal & de-icing Per Task S a Task
350E Main St $ hoc ,n Task
De-ice only Per Task
Weeding Per Task $ cci no Task
Refresh bark Per Task S Rai an Task
(Medium Bark)
Pressure washing curbing. parking Per Task S x26 60 Task
stops& trash enclosures
Plant Replacement Per hour 5 Tin no Task
labor
Site 6 1 Work Item 1 Bid Type Bid Proposal
Prune Trees Per hour S 310 00 hr
labor
Trim hedges & other vegetation Per Task 5 2.755 Task
Collect leaves& other debris Per Month
Justice Center (Task= _c per month SS x br-ss eekh $ 881 B° Month (Task)
visit Oct —Dec i (Task)
340 E Main St Storm cleanup Per hourS hr
labor
Snow removal & de-icing Per Task S i,a !Task
De-ice only Per Task S oar an /Task
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Weeding Per Task S 1 Its 12 Task
Refresh bark
(Medium Bark) Per Task S 2 093 80 Task
Pressure washing curbing. parking per Task S , .,d,co Task
stops& trash enclosures
Plant Replacement Per hourS nn Task
labor
Site 7 Work Item Bid Ttpe I Bid Proposal
Prune Trees Per hour S 130 00 hr
labor
Trim hedges & other vegetation Per Task S , '122 an Task
Collect leaves & other debris Per Month
(Task= _x per month SS w bi-weekll S ,u Month (Task)
suit Oct. —Dec i (Task)
Storm cleanup Per hour S m hr
labor
JC Employee
Lot Snow removal & de-icing Per Task S t 377 40 Task
20 D Street SE De-ice only Per Task S q1F'7n Task
Weeding Per Task $ x'r �i
Refresh bark Per Task S 1287 30 Task
(Medium Bark)
Pressure washing curbing. parking Per Task S t_o48_go Mask
stops& trash enclosures
Plant Replacement Per hotu S on !Task
labor
Site 8 Work Item Bid Type Bid Proposal
Mow.blow& tr ui Parking Lot&
12`h Street Month
East Field Per MonthS 7nc 2R (Task)
(Task=per month SS w weekh (Task)
Property visit April—.Septembers
735 12 'Street Mow Fenced Area
SE Task
(as directed. Task = 1 visits Per Task S ,,, �,
Mow West Field Per Task S i jn nn Task
(as directed. Task = 1 visit)
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Collect leaves& other debns Per Month
(Task= per month SS x bi-weekh S 7ns 7R, Month (Task)
visit Oct —Dec in the Parktne Lot) (Task)
Trim hedges & other vegetation Per Task S 1 D4fi.aiL Task
Storm cleanup Per hour S q_qn nn hr
labor
Prune Trees Per hour S hr
labor
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Exhibit D
Prevailing Wage Rates
• County work performed: King
• Effective Date of wages: November 8.2024
• Washington State Department of Labor and Industries Wage Lookup
o https://secure.lni.wa.uov/wagelookup/?utm medium=email&utm source=govdeliver
Y
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ADDENDUM 1
Best Management Practices (BMPs)
S406 BMPs for Streets and Highways
Description of Pollutant Sources: These BMPs apply to the maintenance and de-icing/antiicing
of streets and highways. De-icing products can be conveyed during storm events to
inlets/catch basins or to receiving waters after application. Leaks and spills of these products can
also occur during their handling and storage. Equipment and processes using during
maintenance can contribute pollutants such as oil and grease, suspended solids, turbidity, high
pH, and metals.
Pollutant Control Approach: Apply good housekeeping practices, preventative maintenance,
properly train employees, and use materials that cause less adverse effects on the environment.
Applicable BMPs:
De-icing and Anti-Icing Operations
o Adhere to manufacturer's guidelines and industry standards of use and application.
o Store and transfer de and anti-icing materials on impervious containment pads, or an
equivalent spill/leak containment area in accordance with S429 BMPs for Storage or
Transfer(Outside) of Solid Raw Materials, Byproducts, or Finished Products.
o Sweep/clean up accumulated de and anti-icing materials and grit from roads as soon as
possible after the road surface clears.
o Minimize use in areas where runoff or spray from the roadway immediately enters
sensitive areas such as fish-bearing streams.
Maintenance Operations
o Use drip pans or absorbents wherever concrete, asphalt, asphalt emulsion,paint product,
and drips are likely to spill, such as beneath discharge points from equipment.
o Cover and contain nearby storm drains to keep runoff from entering the drainage system.
o Collect and contain all solids, slurry, and rinse water. Do not allow these to enter
gutters, storm drains, or drainage ditches or onto the paved surface of a roadway or
driveway.
o Designate an area onsite for washing hand tools and collect that water for disposal.
o Conduct all fueling of equipment in accordance with S419 BMPs for Mobile
Fueling of Vehicles and Heavy Equipment.
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o Do not use diesel fuel for cleaning or prepping asphalt tools and equipment.
o Sweep areas as frequently as needed. Collect all loose aggregate and dust for disposal.
Do not hose down areas into storm drains.
o Store all fuel,paint, and other products on secondary containment.
o Conduct paint striping operations during dry weather.
Recommended Additional BMPs:
o Where feasible and practicable, use roadway de-icing chemicals that cause the least
adverse environmental impact. Apply only as needed using minimum quantities.
Consider the Pacific Northwest Snowfighters Qualified Products List when selecting
roadway deicers and anti- icers.
o Intensify roadway and drainage structure cleaning in early spring to help remove
particulates from road surfaces.
o Include limits on toxic metals in the specifications for de/anti-icers.
o Install catch basin inserts to collect excess sediment and debris as necessary. Inspect
and maintain catch basin inserts to ensure they are working correctly.
o Research admixtures (e.g. corrosion inhibitors, surfactants) to determine what additional
pollutants may be an issue. Verify with the local jurisdiction if there are any restrictions
on admixtures.
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S411 BMPs for Landscaping and Lawn / Vegetation
Management
Description of Pollutant Sources: Landscaping can include grading, soil transfer,
vegetation planting, and vegetation removal. Examples include weed control on golf course
lawns, access roads, and utility corridors and during landscaping; and residential lawn/plant
care. Proper management of vegetation can minimize excess nutrients and pesticides.
Pollutant Control Approach: Maintain appropriate vegetation to control erosion and the
dis- charge of stormwater pollutants. Prevent debris contamination of stormwater. Where
practicable, grow plant species appropriate for the site, or adjust the soil properties of the site to
grow desired plant species.
Applicable BMPs:
o Install engineered soil/landscape systems to improve the infiltration and regulation of
storm-water in landscaped areas.
o Select the right plants for the planting location based on proposed use, available
maintenance, soil conditions, sun exposure, water availability, height, sight factors, and
space available.
o Ensure that plants selected for planting are not on the noxious weed list. For example,
butterfly bush often gets planted as an ornamental but is actually on the noxious weed
list.
The Washington State Noxious Weed List can be found at the following webpage:
https://www.nwcb.wa.Roy/printable-noxious-weed-list
o Do not dispose of collected vegetation into waterways or storm sewer systems.
o Do not blow vegetation or other debris into the drainage system.
o Dispose of collected vegetation such as grass clippings, leaves, sticks by composting or
recycling.
o Remove, bag, and dispose of class A&B noxious weeds in the garbage immediately.
o Do not compost noxious weeds as it may lead to spreading through seed or fragment
if the composting process is not hot enough.
o Use manual and/or mechanical methods of vegetation removal (pincer-type weeding
tools, flame weeders, or hot water weeders as appropriate) rather than applying
herbicides, where practical.
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o Use at least an eight-inch "topsoil" layer with at least 8 percent organic matter to provide
a sufficient vegetation-growing medium.
o Organic matter is the least water-soluble form of nutrients that can be added to the
soil. Composted organic matter generally releases only between 2 and 10 percent
of its total nitrogen annually, and this release corresponds closely to the plant
growth cycle. Return natural plant debris and mulch to the soil, to continue
recycling nutrients indefinitely.
o Select the appropriate turfgrass mixture for the climate and soil type.
o Certain tall fescues and rye grasses resist insect attack because the symbiotic
endo-phytic fungi found naturally in their tissues repel or kill common leaf and
stem-eating lawn insects.
o The fungus causes no known adverse effects to the host plant or to humans.
o Tall fescues and rye grasses do not repel root-feeding lawn pests such as
Crane Fly larvae.
o Tall fescues and rye grasses are toxic to ruminants such as cattle and sheep
o Endophytic grasses are commercially available; use them in areas such as parks or
golf courses where grazing does not occur.
o Local agricultural or gardening resources such as Washington State University
Extension office can offer advice on which types of grass are best suited to the area
and soil type.
o Use the following seeding and planting BMPs, or equivalent BMPs, to obtain
information on grass mixtures, temporary and permanent seeding procedures,
maintenance of a recently planted area, and fertilizer application rates: BMP C 120:
Temporary and Permanent Seeding, BMP C121: Mulching, BMP C123: Plastic
Covering, and BMP C 124: Sodding.
o Adjusting the soil properties of the subject site can assist in selection of desired plant
species. Consult a soil restoration specialist for site-specific conditions.
Recommended Additional BMPs:
o Conduct mulch-mowing whenever practicable.
o Use native plants in landscaping. Native plants do not require extensive fertilizer or
pesticide applications. Native plants may also require less watering.
o Use mulch or other erosion control measures on soils exposed for more than one week
during the dry season (May 1 to September 30) or two days during the rainy season
(October 1 to April 30).
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o Till a topsoil mix or composted organic material into the soil to create a well-mixed
transition layer that encourages deeper root systems and drought-resistant plants.
o Apply an annual topdressing application of 3/8" compost. Amending existing
landscapes and turf systems by increasing the percent organic matter and depth of
topsoil can:
o Substantially improve the permeability of the soil.
o Increase the disease and drought resistance of the vegetation.
o Reduces the demand for fertilizers and pesticides.
o Disinfect gardening tools after pruning diseased plants to prevent the spread of disease.
o Prune trees and shrubs in a manner appropriate for each species.
o If specific plants have a high mortality rate, assess the cause and replace with another
more appropriate species.
o When working around and below mature trees, follow the most current American
National Standards Institute (ANSI) ANSI A300 standards (see
http://www.tcia.org/TCIA/BUSINESS/ANSI_A300_Standards JTCIA/BUSINES S/A300_
Standards/A300_Standards.aspx?hkey=202ff566-4364-4686-b7c 1-2a365af59669) and
International Society of Arboriculture BMPs to the extent practicable (e.g., take care to minimize
any damage to tree roots and avoid compaction of soil).
o Monitor tree support systems (stakes, guys, etc.).
o Repair and adjust as needed to provide support and prevent tree damage.
o Remove tree supports after one growing season or maximum of 1 year.
o Backfill stake holes after removal.
o When continued, regular pruning (more than one time during the growing season) is
required to maintain visual sight lines for safety or clearance along a walk or drive,
consider relocating the plant to a more appropriate location.
o Make reasonable attempts to remove and dispose of class C noxious weeds.
o Re-seed bare turf areas until the vegetation fully covers the ground surface.
o Watch for and respond to new occurrences of especially aggressive weeds such as
Himalayan blackberry, Japanese knotweed, morning glory, English ivy, and reed canary
grass to avoid invasions.
o Plant and protect trees per BMP T5.16: Tree Retention and Tree Planting.
o Aerate lawns regularly in areas of heavy use where the soil tends to become compacted.
Con- duct aeration while the grasses in the lawn are growing most vigorously. Remove
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layers of thatch greater than 3/4-inch deep.
o Set the mowing height at the highest acceptable level and mow at times and intervals
designed to minimize stress on the turf. Generally mowing only 1/3 of the grass blade
height will prevent stressing the turf.
o Mowing is a stress-creating activity for turfgrass.
o Grass decreases its productivity when mowed too short and there is less growth
of roots and rhizomes. The turf becomes less tolerant of environmental stresses,
more dis- ease prone and more reliant on outside means such as pesticides,
fertilizers, and irrigation to remain healthy.
Additional BMP Information:
o King County's Best Management Practices for Golf Course Development and Operation
(King County, 1993) has additional BMPs for Turfgrass Maintenance and Operation.
o King County, Seattle Public Utilities, and the Saving Water Partnership have created
the following natural lawn and garden care resources that include guidance on building
healthy soil with compost and mulch, selecting appropriate plants, watering,using
alternatives to pesticides, and implementing natural lawn care techniques.
o Natural Yard Care-Five steps to make your piece of the planet a healthier place to
Live
(King County and SPU, 2008)
o The Natural Lawn & Garden Series: Smart Watering(Saving Water Partnership,
2006)
o Natural Lawn Care for Western Washington (Saving Water Partnership, 2007)
o The Natural Lawn & Garden Series: Growing Healthy Soil; Choosing the Right
Plants; and Natural Pest, Weed and Disease Control(Saving Water
Partnership, 2012)
o The International Society of Arboriculture (ISA) is a group that promotes the professional
practice of arboriculture and fosters a greater worldwide awareness of the benefits of
trees through research, technology, and education. ISA standards used for managing
trees, shrubs, and other woody plants are the American National Standards Institute
(ANSI)A300 standards. The ANSI A300 standards are voluntary industry consensus
standards developed by the Tree Care Industry Association (TCIA) and written by the
Accredited Standards Committee (ASC). The ANSI standards can be found on the ISA
website: www.isa-arbor.- com/education/publications/index.aspx
o Washington State University's Gardening in Washington State website at
http://garden- ing.wsu.edu contains Washington State specific information about
vegetation management based on the type of landscape.
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o See the Pacific Northwest Plant Disease Management Handbook(Pscheidt and
Ocamb, 2016) for information on disease recognition and for additional resources.
S431: BMPs for Washing and Steam Cleaning
Structures (Amended)
General
Wash water shall be discharged to the sanitary sewer with appropriate pretreatment to
remove solids.
If heavy accumulations of solids are to be removed during washing, then appropriate
pretreatment to capture those solids must be provided. Volume II of the SWMMWW
contains temporary sediment removal BMPs that can be utilized to capture solids before
discharging wastewater to the sanitary sewer system.
Two-step washing may be allowed at all facilities discharging to the sanitary sewer.
Provisions must be in place to neutralize the wash water prior to introduction into the
sanitary sewer system.
Facilities with dedicated wash pads with a catch basin having a tee discharge and/or
pretreatment equipment, sampling and monitoring ports will be required. Additionally,
the installation of a valve may be required to prevent discharge from the system in the
event of a spill. All ports must be accessible for inspection and sampling at all times. Any
equipment needed for access must be available at all times. Contact the City of Auburn
Sanitary Sewer Utility for more information 253-931-3010,
Other Washing Events
Pressure washing of building facades, rooftops,pavement, and other large surfaces must
be conducted in such a way that all of the runoff is collected for proper disposal.
Sediment removal BMPs include those as described in Volume II of the SWMMWW and
include measures such as check dams, sorbent booms, and catch basin inserts. Temporary
curbs, dikes, or berms may be used to direct the water to a collection point or catch basins
may be covered to help contain the water. The collected water, provided it meets limits
established by King County Wastewater Treatment Division or defined in Chapter 13.20
of the Auburn City Code, should be disposed of to the sanitary sewer. Contact the City of
Auburn Sanitary Sewer Utility at 253-931-3010 for more information on allowable
discharges to the sanitary sewer. On a case by case basis, if runoff does not contain
pollutants, following appropriate pretreatment, such as filtration or sedimentation, then
this water may be allowed to be discharged to the storm drainage system. Contact the
City of Auburn Storm Drainage Utility at 253-931-3010 for more information.
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CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5805 (Admin) January 21, 2025
A Resolution authorizing the Mayor to execute a Conservation Grant
Agreement between the City of Auburn and Puget Sound Energy
(RECOMMENDED ACTION: Move to adopt Resolution No. 5805.)
Department: Attachments: Budget Impact:
Administration RES 5805, Proposal P1486410.0
Administrative Recommendation:
City Council to adopt Resolution No. 5805.
Background for Motion:
Resolution No. 5805 will execute a Conservation Grant Agreement between Puget Sound Energy
(PSE) and the City of Auburn, which would provide grant funding for the installation and replacement
of pneumatic controls at City Hall.
Background Summary:
Currently Auburn's City Hall pneumatic controls (HVAC) are obsolete and currently operating on a
proprietary protocol. The Conservation Grant will offset a portion of the cost of replacing the current
HVAC controls and will conserve energy costs in the long-term.
Councilmember: Kate Baldwin Staff:
Page 114 of 144
RESOLUTION NO. 5805
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A CONSERVATION GRANT
AGREEMENT BETWEEN THE CITY OF AUBURN AND
PUGET SOUND ENERGY
WHEREAS, Puget Sound Energy offers grants for electricity and natural gas
conservation measures installed or implemented at facilities that receive electric or
natural gas service from Puget Sound Energy; and
WHEREAS, the City intends to install or implement conservation measures
and is requesting a grant from Puget Sound Energy; and
WHEREAS, the Conservation Grant would provide funding to assist with the
installation and implementation of the conservation measures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows.
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are
hereby authorized to execute a Conservation Grant Agreement between the City of
Auburn and Puget Sound Energy which agreement shall be in substantial conformity
with the Agreement attached hereto as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 5805
January 16, 2025
Page 1 of 2 Rev. 2024
Page 115 of 144
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5805
January 16, 2025
Page 2 of 2 Rev. 2024
Page 116 of 144
Conservation C&I Retrofit
PSE PUGET SOUND ENERGY Agreement No.: 1
Project No.: P_1484610
CONSERVATION
GRANT AGREEMENT
This AGREEMENT is made this 19th day of December, 2024,by and between PUGET SOUND ENERGY
("PSE") and CITY OF AUBURN ("Participant").
RECITALS
A. Under PSE's Electric Schedule 250,Gas Schedule 250,Electric Schedule 83,and Gas Schedule 183,as currently in
effect and on file with the Washington Utilities and Transportation Commission(collectively,"Tariffs"),PSE offers
grants for certain conservation measures installed or implemented at facilities that receive electric or natural gas
service from PSE.
B. Participant intends to install or implement conservation measures and is requesting a grant from PSE.
AGREEMENTS
PSE and Participant agree as follows:
1. PROJECT PREMISES/METER LOCATION ADDRESS:25 W MAIN ST AUBURN WA 98001-
AUBURN CITY HALL-CONTROLS (Please note:meter location/address may differ from the site
mailing address). Participant will install or implement the conservation measures listed in paragraph 2
("Conservation Measures")at the above located facilities(the"Premises").Participant represents either(a)that
it is the owner or otherwise has the lawful authority to make the statements herein on behalf of the owner of
the Premises,or(b)that it is the lawful tenant of the Premises and that it has obtained written authorization
from the owner of the Premises.
2. Conservation Measures.Participant represents that it will purchase equipment or materials or has entered or
will enter into an agreement with one or more contractors(the"Contractor")for the purchase and installation
or implementation at the Premises of the Conservation Measures which may be detailed in Attachment C:
Attachment to Conservation Grant,at the following costs:
Will Measure Measure
Conservation Measures Life kWh Life Therm Total Costl Eligible Grant2
HVAC Control-Base- 10 10 $18,250.00 $18,250.00 I
1' Custom
HVAC Control-2' 10 10 $207,989.00 $207,989.00
Performance -Custom
TOTAL(includes sales
tax) $226,239.00 $226,239.00
4386 4/13 Page 1 of 3
Page 117 of 144
Conservation C&I Retrofit
PSE PUGET SOUND ENERGY Agreement No.: 1
Project No.: P_1484610
' Participant represents that the total cost of the Conservation Measures is the net amount of its obligation
with respect thereto.
2 The grant amount may be reduced at PSE's sole discretion in the event of project cost reductions or additional
energy savings benefiting Participant. See Section 3.
3. Grant.Upon the execution by both parties and PSE's receipt of this Conservation Grant Agreement within 90
days of the agreement date,PSE agrees to grant the Participant,after installation by Participant of the
Conservation Measures,an amount equal to the eligible Conservation grant.The parties agree that the
Conservation Measures must be installed and the Grant paid within 24 months of the signing of this
Conservation Grant Agreement.If for any reason the installed cost of the Conservation Measures is less than
the amount shown above and on Attachment C,PSE may decrease pro rata the amount of the Grant.In the
event Participant's energy usage benefits from other PSE-sponsored energy efficiency programs the Grant paid
to Participant may,at PSE's sole discretion,be reduced to reflect such benefits.Participant shall be responsible
for paying any amount in excess of the amount of the Grant.
4. Separate Contract.Participant acknowledges and agrees that PSE is not,and shall not be deemed to be,a
party to any purchase or installation contract relating to Conservation Measures,which shall be installed
pursuant to a contract between Participant and its Contractor(s).Participant expressly acknowledges that PSE's
involvement with respect to any aspect of the Conservation Measures is limited to the furnishing of the Grant.
PSE HAS NOT MADE AND DOES NOT MAKE(AND PARTICIPANT ACKNOWLEDGES THAT
PSE DOES NOT MAKE)ANY IMPLIED OR EXPRESS WARRANTY(INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS)
REPRESENTATION,OR PROMISE WITH RESPECT TO EITHER(A)THE CONSERVATION
MEASURES,(B)ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE
INSTALLATION OF THE CONSERVATION MEASURES,OR(C)THE INSTALLATION OF THE
CONSERVATION MEASURES.
5. Final Cost Documentation,Access&Inspection: Participant agrees to promptly provide PSE,upon
request,and for a period no shorter than the longest applicable measure life: (1)documentation verifying
equipment purchased and/or work performed in connection with the Conservation Measures installed;(2)
reasonable access to and inspection of the Facility and Conservation Measures installed therein before,
during and/or after implementation;and(3)reasonable access to,inspection and use of energy usage data
related to the Conservation Measures including release of utility bills and Facility energy consumption
information following implementation.
6. Release.Participant releases PSE from any and all claims,losses,harm,costs,liabilities,damages and
expenses directly or indirectly resulting from or in connection with(a)the Conservation Measures,(b)any
materials and labor required for or used in the installation of the Conservation Measures,(c)the installation
of the Conservation Measures,or(d)the identification,handling and disposal of any associated hazardous
waste materials.
7. Disclaimer.PSE conducts energy analyses at the request of its customers to determine the extent to which
conservation measures are cost—effective.Any estimate of energy savings made by PSE in connection with
any such analyses is solely for the purpose of determining the cost—effectiveness of the particular
conservation measures and not to be used for any other purpose.PSE has not and does not make any
promise,warranty or representation with respect to any savings in energy consumption from Conservation
Measures.
8. Termination.In the event a Participant's contribution to PSE's recovery of energy efficiency program costs
is affected by all or a portion of Participant's electric and/or gas delivery service being provided by a party
other than PSE,then Participant shall refund to PSE an amount equal to the ratio of the unused Measure Life
4386 4/13 Page 2 of 3
Page 118 of 144
Conservation C&I Retrofit
PSE PUGET SOUND ENERGY Agreement No.: 1
Project No.: P_1484610
of the measure(s)to the total Measure Life of such Conservation Measure(s)multiplied by the dollar amount
of the Grant with respect to such Conservation Measure(s).
9. Incorporation of tariffs by reference.This Agreement and the Attachment To Conservation Grant are
subject to the terms of the Tariffs,incorporated herein by reference. Specific terms and conditions from one
or more conservation schedules from similar filed tariffs may also apply,as determined by PSE at its sole
discretion,based on various criteria.A complete list of conservation schedules is available at:
httos://www.ose.com/en/vazes/rates/electric-tariffs-and-rules
10. Entire Agreement.This Agreement and its attachments set forth the entire agreement between the parties
and supersede any and all prior agreements with respect to the Conservation Measures.No change,
amendment or modification of any provision of this Agreement shall be valid unless set forth in writing and
signed by both parties.
PUGET SOUND ENERGY PARTICIPANT
CITY OF AUBURN
By: By:
Name: Leslie Wright Print Name:
Title: Mgr.Business Energy Management Title:
Federal Tax I.D.No.:
4386 4/13 Page 3 of 3
Page 119 of 144
PSE PUGET SOUND ENERGY Conservation Agreement No.:Program: C&I Retrofit
Project No.: P_1484610
ATTACHMENT C
TO CONSERVATION GRANT
Conservation Measure(s)shall consist of the following:
FOR BASE INCENTIVE:
A. System Upgrade Requirements: Upgrade HVAC controls with a new DDC system. Control
features shall at least include those listed in attachment D requirements checklist. Not all
individual HVAC systems will receive all the upgrades proposed but each system will receive
energy efficient upgrades.
B. Facility Guide: Contractor shall provide a Facility Guide to the building operator(s) which
includes the items in the "PSE Facility Guide Outline" dated 2-26-15. The Facility Guide shall be
in both written and electronic format and remotely accessible by the operator, preferably with
a link from the DDC user interface.
C. Operator Training: Contractor shall provide training based on the Facility Guide instructing the
building operator on the proper operation of the building control system.
D. Functional Performance Testing: Contractor shall complete the Controls Upgrade Functional
Performance Tests (FPT) provided or pre-approved by PSE. These tests must show that the FPT
passed, indicating the controls are operating to meet the approved sequences of operation and
that all features are installed. PSE will review the FPTs and provide guidance for If the submitted
tests do not demonstrate that the controls are working and installed to meet the requirements,
PSE will provide written feedback on what is not working and needs to be modified/resubmitted.
The contractor will then be given an opportunity to submit the tests and demonstrate that the
system operates as specified. If the second set of FPTs does not demonstrate that the systems
are meeting the requirements, PSE may adjust or remove an incentive. PSE has discretion to pay
incentives due to extenuating circumstances.
The above specifications are solely for the purpose of defining energy-related components of Conservation Measure(s)for which
the Grant is offered. Puget Sound Energy is not responsible for ensuring the health,safety,comfort,or well-being of workers or
facility occupants or the suitability of equipment selected for the intended application. It is the responsibility of the grant
Participant and the Participant's hired designers,contractors,consultants to ensure compliance of the Conservation Measure(s)
with Participant's needs and all applicable codes and standards.
The following shall be submitted by Participant prior to Grant payment:
• Completed Request for Taxpayer I.D.Number("W-9").
• Copies of invoicing(no purchase orders,quotes,or estimates)for all expenses,including but not limited to equipment,
materials,and labor associated with installation of Conservation Measure(s).
Other(specify):
60114/13 Page 1 of 3
Page 120 of 144
PSE PUGET SOUND ENERGY Conservation Agreement Program: C&I Retrofit
Project No.: P_1484610
ATTACHMENT C
TO CONSERVATION GRANT
Conservation Measure(s)shall be verified as follows prior to Grant payment:
FOR BASE INCENTIVE:
A. Contractor shall provide PSE the final sequences of operations for pre-approval prior to
installation. PSE will verify the written sequences of operation meet the requirements.
B. Contractor shall verify and document proper installation and operation of the DDC system to
PSE and Owner, using the Functional Performance Tests (FPTs) provided or approved by PSE.
Typically, the contractor will be given a maximum of two chances to provide submittals that
demonstrate proper operation.
C. After the FPT results are provided showing the system is operating correctly, PSE will do a site
visit and may repeat any test procedures. Controls contractor and/or commissioning agent must
be present to run through these tests and manipulate the controls system as requested by PSE.
D. PSE will verify on-site and/or through screenshots that the DDC graphical user interface meets
the program requirements.
E. PSE will verify that the Facility Guide is onsite and is accessible to the operator both in paper
and electronically.
F. Training of operators will be verified for PSE by the operators accomplishing the following
tasks:
1. Describing the training received from the contractor and satisfaction with the training.
2. Demonstrating the ability to display and set normal and temporary schedules and set points.
3. Describing the basic system controls such as: duct static reset, DAT reset, optimum start,
economizing, zone scheduling, night setback and warm-up.
4. Demonstrating how to set up trends of simultaneous points and view graphs and data. FOR
PERFORMANCE INCENTIVE: A. PSE shall review and analyze metered energy data and any
facility changes provided by the owner to determine if the system is operating efficiently to
meet or exceed 6%savings for the facility.The method of performance savings analysis is listed
previously in this grant agreement attachment. To assist in this analysis the customer will
provide a list of changes to the building and operations that significantly impact the energy
usage during the performance period. This information will include trends of the new box fans
for the fan energy use adjustment. Specific project deliverables required from Participant prior
to Grant payment include: See grant attachment.
60114/13 Page 2 of 3
Page 121 of 144
PSE PUGET SOUND ENERGY Conservation Agreement No.:Program: C&I Retrofit
Project No.: P_1484610
ATTACHMENT C
TO CONSERVATION GRANT
If intended energy savings are not being achieved by Conservation Measure(s) because specified equipment efficiency
parameters or performance parameters defined above are not used, Participant shall be required to correct such deficiencies
prior to Grant payment. Failure to comply with specified equipment efficiency or performance parameters may result in
forfeiture or reduction of Grant payment.
6011 4/13 Page 3 of 3
Page 122 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5807 (Gaub) January 21, 2025
A Resolution authorizing the Mayor to execute and administer agreements
accepting grants from the Washington State Department of Transportation
and Federal Highway Administration for 3 Projects: 1) A Street SE
Preservation (37th Street SE to Lakeland Hills Way), 2) 1st Street NE/NW
And N Division Street Pedestrian Improvements, and 3) C Street SW
Preservation (GSA Signal to Ellingson Rd SE)
(RECOMMENDED ACTION: Move to adopt Resolution No. 5807.)
Department: Attachments: Budget Impact:
Public Works Resolution No. 5807, Vicinity
Maps
Administrative Recommendation:
City Council to adopt Resolution No. 5807.
Background for Motion:
Resolution No. 5807 authorizes the Mayor to enter into agreements to accept and utilize Washington
State Department of Transportation (WSDOT) and Federal Highway Administration (FHWA) grant
funds in the amount of $2,270,000 for the A Street SE Preservation (37th Street SE to Lakeland Hills
Way), 1st Street NE/NW and N Division Street Pedestrian Improvements, and C Street SW
Preservation (GSA Signal to Ellingson Rd SE) projects.
Background Summary:
Resolution No. 5807 authorizes the Mayor to enter into agreements to accept and utilize WSDOT and
FHWA grant funding awarded to the City totaling the amount of $2,270,000 to support the
implementation of three different transportation improvement projects as followed:
• A Street SE Preservation (37th Street SE to Lakeland Hills Way) construction funds only in the
amount of $905,000
• 1st Street NE/NW and N Division Street Pedestrian Improvements, design and construction
funds in the amount of $500,000
• C Street SW Preservation (GSA Signal to Ellingson Rd SE), construction funds only in the
amount of $865,000
Page 123 of 144
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 124 of 144
RESOLUTION NO. 5807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AND ADMINISTER
AGREEMENTS ACCEPTING GRANTS FROM THE
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION AND FEDERAL HIGHWAY
ADMINISTRATION FOR 3 PROJECTS: 1) A STREET SE
PRESERVATION (37TH STREET SE TO LAKELAND
HILLS WAY), 2) 1ST STREET NE/NW AND N DIVISION
STREET PEDESTRIAN IMPROVEMENTS, AND 3) C
STREET SW PRESERVATION (GSA SIGNAL TO
ELLINGSON RD SE)
WHEREAS, the City applied for, and has been awarded, competitive grants to fund
three projects (Projects) that will design and construct improvements to the City's
transportation systems;
WHEREAS, the Projects are included in the City's Transportation Improvement
Program (TIP) as follows:
1) A Street SE Preservation (37th Street SE to Lakeland Hills Way) (P-10);
2) 1st Street NE/NW and N Division Street Pedestrian Improvements (N-5);
3) C Street SW Preservation (GSA Signal to Ellingson Rd SE) (P-7); and
WHEREAS, the total estimated grant funds awarded for the Projects are
approximately $2,270,000 and the total local match required is approximately $306,450
which are available from various City funds and other funding sources as shown in the
TIP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Resolution No. 5807
January 7, 2025
Page 1
Page 125 of 144
Section 1. The Mayor is authorized to execute and administer three grant
agreements with the Washington State Department of Transportation for a total of
$2,270,000 or any other amount authorized by WSDOT for the Projects as long as local
matching funds are available.
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements to spend the grant funds for the Projects, and to implement other
administrative procedures necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force on passage
and signatures.
Dated and Signed this day of , 2025.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5807
January 7, 2025
Page 2
Page 126 of 144
Printed Date: 4/10/2020
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Page 127 of 144
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Page 128 of 144
Printed Date: 4/13/2022
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Page 129 of 144
*
CITY OF * *
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5808 (Caillier) January 21, 2025
A Resolution authorizing the Mayor to accept a Grant Award from the Office
of the Attorney General of Washington
(RECOMMENDED ACTION: Move to adopt Resolution No. 5808.)
Department: Attachments: Budget Impact:
Police Resolution No. 5808, Award $203,628.00 Grant Award
Letter to Auburn PD, Award
Agreement
Administrative Recommendation:
City Council to adopt Resolution No. 5808.
Background for Motion:
The Auburn Police Department applied for and received a grant award of $203,628.00, from the
Office of the Attorney General of Washington to provide for the purchase of National Integrated
Ballistic Information Network (NIBIN) Equipment to analyze evidence and test-fired casings to help
combat gun violence.
Background Summary:
The Office of the Attorney General of Washington (AGO) received settlement funds as the result of a
lawsuit that recently concluded. The AGO made these funds available to police agencies to help
promote firearms safety, combatting gun violence, or supporting victims of gun violence. The Auburn
Police Department applied for and received $203,628 in grant funding to purchase NIBIN Equipment
to analyze evidence and test-fired casings. This equipment will help support regional efforts to
combat gun violence and will be available to police agencies in our region. The award is specific to
the purchase of this equipment.
Councilmember: Cheryl Rakes Staff: Mark Caillier
Page 130 of 144
RESOLUTION NO. 5808
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A GRANT
AWARD FROM THE OFFICE OF THE ATTORNEY GENERAL OF
WASHINGTON
WHEREAS, the Auburn Police Department (APD) applied for, and has been
awarded a grant from the Office of the Attorney General of Washington in the amount of
$203,628; and
WHEREAS, the grant is specific to the APD with the purpose of promoting firearms
safety, combatting gun violence, or supporting victims of gun violence by providing
funding to APD specifically to purchase National Integrated Ballistic Information Network
(NIBIN) equipment for processing evidence and test-fired casings; and
WHEREAS, the Auburn Police Department will fully utilize the grant amount of
$203,628 to purchase NIBIN equipment to help combat gun violence within the City of
Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The City of Auburn and Auburn Police Department are authorized to
accept the grant award of$203,628, according to the terms and conditions set forth in the
Award Letter attached to this Resolution;
Section 2. The Mayor is authorized to implement such administrative procedures
as may be necessary to carry out the directions of this legislation.
Resolution No. 5808
January 10, 2025
Page 1 of 2
Page 131 of 144
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures.
Dated and Signed
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5808
January 10, 2025
Page 2 of 2
Page 132 of 144
O4-
�ASHING�
Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
Consumer Protection Division
800 Fifth Avenue• Suite 20000 MS TB 14 • Seattle WA 98104-3188
(206) 464-7745
December 13, 2024
Auburn Police Department
Statewide Vendor Number: SWV0002069-09
Attn: Commander Feero
340 E Main St Suite 201
Auburn, WA 98002
RE: Cy Pres Award
State v. Federal Way Discount Guns,LLC, et al.
King County Cause No. 22-2-20064-2-SEA
Dear Commander Feero:
The Washington State Attorney General's Office (AGO) helps keep the marketplace free from
unfair and deceptive practices by enforcing Washington's Consumer Protection Act in state and
federal courts. As a result of one of these cases, State v. Federal Way Discount Guns, LLC, et al.,
King County Cause No. 22-2-20064-2-SEA, the AGO has cy pres funds to offer local law
enforcement agencies.
Thank you for submitting an application for cy pres funding to assist your agency in promoting
firearms safety, combatting gun violence, or supporting victims of gun violence. This award is
made pursuant to the Consent Decree entered into in the above matter and RCW 19.86 and RCW
43.10,and all funds must be expended or returned within 24 months of the date the check is issued.
I am pleased to offer Auburn Police Department the amount of $203,628 as support for your
important work in addressing gun violence. Please complete and return the enclosed agreement so
that my office can issue the funds. Information regarding this award will be publicly disclosed. If
you would like to make a public announcement about this award, please provide our office with
the opportunity to comment in advance on the proposed media release. Please contact Brionna
Aho, Communications Director, 360-753-2727, brionna.aho@atg.wa.ggov. to coordinate the
release with the AGO Public Affairs staff.
Page 133 of 144
ATTORNEY GENERAL OF WASHINGTON
Commander Feero
December 13, 2024
Page 2
Thank you for your dedicated service to our community. If you have questions about this award
or any of the conditions that apply to it, please contact FISGrants@atg.wa.gov.
Sincerf.....2 BOB FERSON
Washington State Attorney General
Page 134 of 144
AGREEMENT
Tax Status: Auburn Police Department confirms it is currently registered as a State
Government Agency with the Internal Revenue Service. Should there be any change to your
organization's status, you must advise us immediately. Likewise, if there are any changes in your
organizational leadership or key personnel during the funding term, please inform our office
immediately.
Use of Funds: As explained in the application materials, Auburn Police Department is required
to use these funds solely to promote firearms safety, combat gun violence, or support victims of
gun violence in the manner detailed in your application. Auburn Police Department shall adhere
to its application for funding to purchase National integrated Ballistic Information Network
(NIBIN)equipment for processing evidence and test-fired casings.Funds and earnings thereon
may not be expended,borrowed,pledged, or transferred for any reason other than carrying out the
purpose for which they were awarded. Funds may not be used for lobbying or for any political
purposes. The funds are not for general operating costs or for planning. Funds may not be used
to supplant existing funding for ongoing projects or programs. It may not be used to supplement
general operational or administrative costs, or for salaries, benefits, overhead, or infrastructure,
except in the delivery of contracted services that support the development of technology,
partnership and program coordination, outreach and education delivery, and/or data recovery and
analysis specifically for the activities specified in your application.
Payment of Funds: The funds shall be disbursed to your organization via check within
approximately 10 business days of the return of this signed agreement. Funds are to be expended
within 24 months of issuance.
Record Keeping and Certification: The funds must be tracked separately from any other monies;
Auburn Police Department is required to keep a detailed accounting of their use, supported by
source documentation. Auburn Police Department agrees to retain documentation to support all
expenditures made with the funds, including receipts and invoices. Auburn Police Department
also agrees that if requested, it will make their books and records related to the funds available for
State Auditor inspection at no cost and at reasonable times and upon notice of no less than five
business days.
Reporting: At the end of the 24-month funding period, Auburn Police Department will return
any funds that remain unspent, regardless of the status of the project. By December 31, 2026, or
1
Page 135 of 144
three months after the funds are fully expended, Auburn Police Department agrees to prepare a
report, utilizing the attached template, certifying the use of the funds. The Final Funding
Certification should be sent to Cherie Norris, AGO Grants Coordinator and Supervisor, at the
Washington State Attorney General's Office, via email FISGrants@at2.wa.2ov.
Responsibilities of the Parties: Each party of this agreement hereby assumes responsibility for
claims and/or damages to persons and/or property resulting from any act or omissions on the part
of itself, its employees, its officers, and its agents. Neither party assumes any responsibility to the
other party for the consequences of any claim, act, or omission of any person, agency, firm, or
corporation not a part to this agreement. Neither party will be considered the agent of the other
party to this agreement.
Public Records: Records related to the award of these funds and this agreement are public records
and will be disclosed by both parties upon request, pursuant to RCW 42.56, the Public Records
Act.
Washington State Attorney General's Office Date
By signing below, Auburn Police Department agrees to all the terms and conditions as set
forth above and incorporated herein. The AGO will disburse funds upon receipt of this
signed agreement.
[Organization's Authorized signer, Title] Date
Auburn Police Department
2
Page 136 of 144
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5809 (Caillier) January 21, 2025
A Resolution authorizing the Mayor to enter a contract with Flock Group, Inc
for the installation of Traffic Safety Cameras
(RECOMMENDED ACTION: Move to adopt Resolution No. 5809.)
Department: Attachments: Budget Impact:
Police Resolution No. 5809, WA - $124,000.00
Auburn PD - Law Enforcement
Agreement - (1)
Administrative Recommendation:
City Council to adopt Resolution No. 5809.
Background for Motion:
The City of Auburn currently contracts with Flock Group, Inc to provide 20 Safety Cameras, which are
currently installed and operating within the City. To further enhance the City's effort to reduce and
prevent crime, the City seeks to acquire and install an additional 20 Flock Safety Cameras at
additional locations in the City. The proposed costs provided by Flock Group, Inc, is for $124,000.00
over a twenty-four-month term.
Background Summary:
The City of Auburn currently contracts with Flock Group, Inc to provide 20 Safety Cameras, which are
currently installed and operating within the City. The deployment of these 20 cameras have helped
the Auburn Police Department to be more successful in solving crimes and reducing auto theft within
the City. To further enhance the City's effort to reduce and prevent crime, the City seeks to acquire
and install an additional 20 Flock Safety Cameras at additional locations in the City. The Police
Department has identified the 20 additional proposed locations the cameras will be installed, which
will enhance City-Wide coverage. The proposed costs provided by Flock Group, Inc, is for
$124,000.00 over a twenty-four-month term.
Councilmember: Cheryl Rakes Staff: Mark Caillier
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RESOLUTION NO. 5809
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR TO ENTER A
CONTRACT WITH FLOCK GROUP, INC FOR THE INSTALLATION OF
TRAFFIC SAFETY CAMERAS
WHEREAS, the City of Auburn currently has contracted Flock Group, Inc. to
provide 20 safety cameras which are currently installed and operating within the City; and
WHEREAS, the City of Auburn, by and through the Auburn Police Department's
utilization of the Flock safety cameras, has experienced a measurable decrease in vehicle
thefts and associated crime; and
WHEREAS, to further enhance the City's efforts to reduce and prevent crime, the
City seeks to acquire and install an additional 20 Flock safety cameras at additional
locations within the City, and Flock Group, Inc. has provided the proposed costs to deploy
the additional cameras at $124,000 over a twenty-four (24) month term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is authorized to execute an order
form (contract)to supplement the existing, previously executed contract with Flock Group,
Inc. to acquire twenty (20) additional Flock Safety Falcon cameras, with associated
professional services, for a contract sum not to exceed $124,000,00, for an Initial Term
of twenty-four(24) months following the execution of the contract. A copy of the proposed
contract order form is attached as Exhibit A.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Resolution No. 5809
January 10, 2025
Page 1 of 2
Page 138 of 144
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures.
Dated and Signed .
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5809
January 10, 2025
Page 2 of 2
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Flock Safety+VVA- Auburn PD
Flock Group Inc. d Suite 210
1170 Howell Mill R
Atlanta,GA 30318
MAIN CONTACT'
Garret Thomson
garret.thomson@flocksafety.com
3606329332
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tock s at ety
f1ock safety
ORDER FORM
This order form("Order Form")hereby incorporates and includes the terms of the previously executed agreement(the"Terms")which describe and
set forth the general legal terms governing the relationship(collectively,the"Agreement").The Terms contain,among other things,warranty
disclaimers,liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties(the"Effective Date")
Customer: WA-Auburn PD Initial Term: 24 Months
Legal Entity Name: WA-Auburn PD Renewal Term: 24 Months
Accounts Payable Email: sbetz@aubumwa.gov Payment Terms: Net 30
Address: 25 W Main St Auburn,Washington 98001 Billing Frequency: Annual Plan-Invoiced at First Camera Validation.
Retention Period: 30 Days
Hardware and Software Products
Annual recumng amounts over subscription term
Item Cost Quantity
Flock Safety Platform $60,000.00
Flock Safety LPR Products
Flock Safety Falcon® Included 20 Included
Professional Services and One Time Purchases
Item Cost Quantity
One Time Fees
Flock Safety Professional Services
Professional Services-Standard Implementation Fee $650.00 2 $1,300.00
Professional Services-Existing Infrastructure
Implementation Fee $150.00 18 $2,700.00
Subtotal Year 1: $64,000.00
Annual Recurring Subtotal: $60,000.00
Estimated Tax: $12,772.00
Contract Total: $124,000.00
Taxes shown above are provided as an estimate.Actual taxes are the responsibility of the Customer.This Agreement will automatically renew for successive
renewal terms of the greater of one year or the length set forth on the Order Form(each,a "Renewal Term')unless either Party gives the other Party
notice of non-renewal at least thirty(30)days prior to the end of the then-current term.
Bi11in2 Schedule
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ule Amount(USD)
Year 1
At First Camera Validation $64,000.00
Annual Recurring after Year 1 $60,000.00
Contract Total $124,000.00
*Tax not included
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Product and Services Description
Law enforcement grade infrastructure-free(solar power+LTE)license plate recognition camera with Vehicle Fingerprint TM technology(proprietary
Flock Safety Falcon® machine learning software)and real-time alerts for unlimited users.
Professional Services-Standard One-time Professional Services engagement.Includes site and safety assessment,camera setup and testing,and shipping and handling in accordance
Implementation Fee with the Flock Safety Standard Implementation Service Brief.
Professional Services-Existing One-time Professional Services engagement.Includes site and safety assessment of existing vertical infrastructure location,camera setup and testing,
Infrastructure Implementation Fee and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
FlockOS Features & Description
FlockOS Featur: Description
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By executing this Order Form,Customer represents and warrants that it has read and agrees to all of the
terms and conditions contained in the previously executed agreement.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP,INC. Customer: WA-Auburn PD
By: By:
Name: Name:
Title: Title:
Date: Date:
PO Number:
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