HomeMy WebLinkAbout02-03-2025 Agenda * City Council
CITY OF Regular Meeting
AjJJ31JJj February 3, 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 Monday, February 3, 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: 253 205 0468
Toll Free: 888 475 4499
Zoom: https://us06web.zoom.us/i/84998814012
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Black History Month
Mayor Backus to proclaim February 2025 as "Black History Month" in the City of Auburn
APPOINTMENTS
A. Transportation Advisory Board
City Council to approve the appointment of Lori-Ann Black to the Transportation Advisory
Board, for the American with Disabilities (ADA) position, for a three-year term expiring
December 31, 2027
(RECOMMENDED ACTION: Move to approve the appointment of Lori-Ann Black to
the Transportation Advisory Board, for the American with Disabilities (ADA)
Page 1 of 106
position, for a three-year term to expire December 31, 2027.)
AGENDA MODIFICATIONS
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 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(a�auburnwa.aov
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(a�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 January 13, and January 27, 2025, Study Session Meetings
B. Minutes from the January 21, 2025, City Council Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated January 29, 2025 which includes voucher numbers 478800
through voucher 478947, in the amount of $3,103,941.50, one electronic fund transfer in
the amount of $200.00 and three wire transfers in the amount of $884,055.61
D. Payroll Voucher (Thomas)
Payroll check numbers 539641 through 539646 in the amount of$685,821.75, electronic
deposit transmissions in the amount of$2,594,722.71, for a grand total of $3,280,544.56
for the period covering January 16, 2025 to January 29, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
UNFINISHED BUSINESS
NEW BUSINESS
Page 2 of 106
ORDINANCES
A. Ordinance No. 6962 (Gaub)
An Ordinance granting to City of Kent, a Washington Municipal Corporation, a Franchise
for Water Facilities
(RECOMMENDED ACTION: Move to approve Ordinance No. 6962.)
B. Ordinance No. 6971 (Whalen)
An Ordinance relating to the time period to correct Code Violations, and amending Section
1 .25.030.A.2 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6971.)
RESOLUTIONS
A. Resolution No. 5803 (Thomas)
A Resolution authorizing the Mayor to execute an agreement between the City of Auburn
and King County to implement the 2025 Local Hazardous Waste Management Program
and to accept and expend Program Grant Funds
(RECOMMENDED ACTION: Move to adopt Resolution No. 5803.)
B. Resolution No. 5806 (Whalen/Gaub)
A Resolution authorizing the Mayor to execute an amendment to the Auburn Municipal
Airport Land Lease with Cascade Helicopter Services relating to the implementation of the
2025 Fair Market Value Lease Rate Adjustment and other Terms
(RECOMMENDED ACTION: Move to adopt Resolution No. 5806.)
C. Resolution No. 5810 (Krum)
A Resolution approving the Lodging Tax Grant disbursements recommended by the
Auburn Lodging Tax Advisory Committee and authorizing the Mayor to execute an
agreement between the City of Auburn and the Auburn Area Chamber of Commerce for
the purpose of Tourism and Marketing Services
(RECOMMENDED ACTION: Move to adopt Resolution No. 5810.)
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.gov).
Page 3 of 106
CITY OF
J\iJBIJIIF4 AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Meeting Date:
Minutes from the January 13, and January 27, 2025, Study Session February 3, 2025
Meetings
Department: Attachments: Budget Impact:
City Council 01-13-2025 Minutes, 01-27-2025
Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 4 of 106
City Council
CITY OF * Study Session
AUBURN January 13, 2025 - 5:30 PM
City Hall Council Chambers
WASHINGTON MINUTES
CALL TO ORDER
Deputy Mayor Cheryl Rakes called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
PUBLIC PARTICIPATION
The Study Session Meeting was held in person and virtually.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin,
Clinton Taylor, Tracy Taylor, and Yolonda Trout-Manuel. Councilmember Larry Brown
was excused.
Mayor Nancy Backus and the following staff members present included: City Attorney
Jason Whalen, Senior City Staff Attorney Taryn Jones, Director of Public Works Ingrid
Gaub, Director of Parks, Arts, and Recreation Daryl Faber, Right-of-Way Specialist
Amber Olds, and Acting City Clerk Hannah Scholl.
AGENDA MODIFICATIONS
There were no modifications to the agenda.
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
A. Auburn Symphony Orchestra — 2024 Annual Report (Faber) (20 Minutes)
Rachel Perry, AJ VanderPol, and Kevin Paustian with the Auburn Symphony
Orchestra provided Council with a presentation on the 2024 Annual Report
including highlights from 2023 and 2024, upcoming events for 2025, funding,
community engagement, programs, and the Carnegie Library.
Council discussed Les Gove Park events, concerts, and community
engagement.
Page 5 of 106
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 6962 (Gaub) (5 Minutes)
An Ordinance granting to City of Kent, a Washington Municipal Corporation, a
Franchise for Water Facilities
Specialist Olds provided Council with an overview of Ordinance No. 6962
including the City of Kent's Water Service Area, requirements, and the Public
Hearing process.
B. Ordinance No. 6965 (Whalen) (5 Minutes)
An Ordinance relating to the burden of proof in Dangerous Dog Appeals, and
amending section 2.46.120 of the Auburn City Code
Senior City Staff Attorney Jones provided Council with an overview of
Ordinance No. 6965 including compliance.
Council discussed dangerous dog incidents, definitions of Potentially
Dangerous and Deemed Dangerous, and dog signage requirements.
C. Ordinance No. 6966 (Whalen) (5 Minutes)
An Ordinance relating to bases for eviction from rental housing, and repealing
section 5.23.070 of the Auburn City Code
Senior City Staff Attorney Jones provided Council with an overview of
Ordinance No. 6966 including State laws.
Council discussed resources for landlords, and notifications to the community.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 5:59 p.m.
APPROVED this 3rd day of February 2025.
CHERYL RAKES, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk
Page 6 of 106
City Council
* Study Session
CITY OF T * PW & CD Special Focus Area
UJ1J K �T January 27, 2025 - 5:30 PM
1�1 �I City Hall Council Chambers
WASHINGTON
MINUTES
CALL TO ORDER
Deputy Mayor Cheryl Rakes called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
PUBLIC PARTICIPATION
The Study Session Meeting was held in person and virtually.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Clinton Taylor,
Tracy Taylor, and Yolonda Trout-Manuel. Councilmember Kate Baldwin arrived at 5:31
p.m, and Councilmember Larry Brown was excused.
Mayor Nancy Backus and the following staff members present included: City Attorney
Jason Whalen, Assistant Chief of Police Samuel Betz, Director of Community
Development Jason Krum, Director of Public Works Ingrid Gaub, Assistant Director of
Public Works Jacob Sweeting, Economic Development Manager Jenn Francis,
Economic Development Coordinator Emerson Folker, Senior Project Engineer Matt
Larson, Senior Project Engineer Jeffrey Bender, Real Estate Manager Josh Arndt,
Airport Manager Tim Mensonides, and Deputy City Clerk Rebecca Wood-Pollock
AGENDA MODIFICATIONS
There were no modifications to the agenda.
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
There were no announcements, reports, or presentations.
PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
A. Economic Development - 2024 Year in Review (Krum) (45 Minutes)
This portion of the meeting was Chaired by Councilmember T. Taylor, Chair of
Page 7 of 106
the Public Works & Community Development Special Focus Area.
Manager Francis and Coordinator Folker provided Council with a presentation
on the Economic Development 4th Quarter Update including an overview of
time spent, business outreach and visits, local events, and the Economic
Development website.
Kristina Driessen with the Downtown Auburn Cooperative (DAC) provided
Council with a presentation on an overview of the DAC, including its purpose,
an overview of the Business Improvement Area Board (BIA), downtown
revitalization projects, local events, goals for the future, and their mascot
"Duke".
Kacie Bray with the Auburn Chamber of Commerce provided Council with a
presentation on Explore Auburn, including an overview of their website, social
media and marketing efforts, sponsorship locations, and local event
participation.
Council discussed Explore Auburn, the business spotlight on social media,
business meet and greet recruitment, local event success metrics, hotel
capacities during events, downtown safety and security, wreath donations, key
takeaways from DAC events, downtown revitalization efforts, the Washington
State Main Street Program accreditation process, membership fees, business
community outreach and collaboration, networking events, support for small
businesses, and Tourism and Lodging Taxes.
B. 2024 End of Year Capital Projects Wrap Up and 2025 Preview (Gaub) (20
Minutes)
Engineers Bender and Larson provided Council with a presentation on the
Capital Project Status including an overview of completed and active projects
from 2024, the Auburn Ave Theater rebuild, upcoming construction on
improvement projects in 2025, and estimated timelines.
Council discussed the pedestrian bridge project, the Maintenance and
Operations building upgrade, new lamp posts on R Street, the Auburn Ave
Theater rebuild, and the Auburn Way South widening project.
Councilmember T. Taylor called for a 5 minute recess at 7:29 p.m.
Councilmember T. Taylor reconvened the meeting at 7:34 p.m.
C. 2025 Engineering Design Standards Update (Gaub) (20 Minutes)
Assistant Director Sweeting provided Council with an overview of the 2025
Design and Construction Standards Update including the background and
purpose, an overview of House Bill 1110 and related changes, the 2024
Comprehensive Transportation Plan, and an estimated timeline on the new
Page 8 of 106
published Standards.
Council discussed street lane widths, truck access on side streets, shared
driveway access, and alley maintenance.
D. Resolution No. 5806 (Whalen/Gaub) (10 Minutes)
A Resolution authorizing the Mayor to execute an amendment to the Auburn
Municipal Airport Land Lease with Cascade Helicopter Services relating to the
implementation of the 2025 Fair Market Value Lease Rate Adjustment
Managers Arndt and Mensonides provided Council with an overview of
Resolution No. 5806 including lease amendments for the Auburn Airport.
Council discussed the airport's courtesy car, fuel maintenance, and airport
employees.
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 6971 (Whalen) (10 Minutes)
An Ordinance relating to the time period to correct Code Violations, and
amending Section 1.25.030.A.2 of the Auburn City Code
City Attorney Whalen provided Council with an overview of Ordinance No.
6971 including new timelines to respond to notices of infractions.
B. Resolution No. 5810 (Krum) (10 Minutes)
A Resolution approving the Lodging Tax Grant disbursements recommended
by the Auburn Lodging Tax Advisory Committee and authorizing the Mayor to
execute an agreement between the City of Auburn and the Auburn Area
Chamber of Commerce for the purposes of providing Tourism and Marketing
Services
Director Krum and Manager Francis provided Council with an overview of
Resolution No. 5810 including the approval of a contract with the Chamber of
Commerce for tourism services.
Council discussed grant applications, the grant funding process, and timelines.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 8:29 p.m.
APPROVED this 3rd day of February, 2025.
CHERYL RAKES, DEPUTY MAYOR Rebecca Wood-Pollock, Deputy City Clerk
Page 9 of 106
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Minutes from the January 21, 2025, City Council Meeting February 3, 2025
Department: Attachments: Budget Impact:
City Council 01-21-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 10 of 106
City Council
CITY OF * �/ * Regular Meeting
j\UBIjRN4 January 21, 2025 - 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 Cheryl Rakes, Hanan Amer, Kate Baldwin,
Larry Brown, Clinton Taylor, Tracy Taylor, and Yolonda Trout-Manuel. Councilmember
Hanan Amer attended virtually via Zoom.
Mayor Nancy Backus and the following staff members present included: Deputy City
Attorney Paul Byrne, Chief of Police Mark Caillier, Director of Public Works Ingrid Gaub,
Director of Community Development Jason Krum, and Deputy City Clerk Rebecca
Wood-Pollock.
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Martin Luther King Jr. Day
Mayor Backus proclaimed January 20, 2025, as "Martin Luther King Jr. Day" in
the City of Auburn.
Page 11 of 106
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
Deputy Mayor Rakes moved and Councilmember Baldwin seconded to
approve the appointment of Gregory Ramig to the Airport Advisory Board for a
three-year term expiring December 31, 2027.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Councilmember T. Taylor moved and Councilmember Trout-Manuel seconded
to approve the appointments of Andrea Dailey and Dr. Carol Danner to the Arts
Commission for a three-year term expiring on December 31, 2027.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Rakes moved and Councilmember C. Taylor seconded 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.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Councilmember Baldwin moved and Councilmember Amer seconded to
approve the reappointment of Kent Sprague to the Planning Commission for a
three-year term expiring December 31, 2027.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to
approve the appointment of Janice Bellinger to the Transportation Advisory
Page 12 of 106
Board, for the Senior (55+) Resident position for a three-year term expiring
December 31, 2027.
MOTION CARRIED UNANIMOUSLY. 7-0
AGENDA MODIFICATIONS
There were no modifications to the agenda.
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
Mayor Backus opened the Public Hearing at 7:12 p.m.
No one came forward to speak.
Mayor Backus closed the Public Hearing at 7:12 p.m.
B. Public Hearing for Resolution No. 5799 - Development Agreement (Krum)
A Public Hearing to consider a Development Agreement with Portofino Group
I, LLC
Mayor Backus opened the Public Hearing at 7:13 p.m.
No one came forward to speak.
Mayor Backus closed the Public Hearing at 7:13 p.m.
AUDIENCE PARTICIPATION
Written Comments:
Mark Celich, Auburn WA
Mark provided comments regarding Electronic Torture and Cyber Harassment.
In-Person Comments:
Mark Celich, Auburn WA
Mark provided comments regarding stalking and harassment.
CORRESPONDENCE
There was no correspondence for Council to review.
Page 13 of 106
CONSENT AGENDA
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 $2,816,826.55 for the period covering
December 26, 2024 to January 15, 2025
Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to
approve the consent agenda
MOTION CARRIES UNANIMOUSLY. 7-0
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
Page 14 of 106
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
Deputy Mayor Rakes moved and Councilmember Amer seconded to approve
Ordinance No. 6965.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Councilmember Trout-Manuel moved and Deputy Mayor Rakes seconded to
approve Ordinance No. 6966.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Councilmember T. Taylor moved and Councilmember Baldwin seconded to
adopt Resolution No. 5799.
Council discussed increased middle housing and the location of the new
development.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Councilmember Baldwin moved and Councilmember T. Taylor seconded to
adopt Resolution No. 5802.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 15 of 106
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
Councilmember Baldwin moved and Councilmember Trout-Manuel seconded
to adopt Resolution No. 5805.
MOTION CARRIED UNANIMOUSLY. 7-0
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)
Councilmember T. Taylor moved and Councilmember Baldwin seconded to
adopt Resolution No. 5807.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Resolution No. 5808 (Caillier)
A Resolution authorizing the Mayor to accept a Grant Award from the Office of
the Attorney General of Washington
Deputy Mayor Rakes moved and Councilmember Amer seconded to adopt
Resolution No. 5808.
Council discussed the equipment servicing Auburn Police Department as well
as other local agencies.
MOTION CARRIED UNANIMOUSLY. 7-0
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
Deputy Mayor Rakes moved and Councilmember T. Taylor seconded to adopt
Resolution No. 5809.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 16 of 106
MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Deputy Mayor Rakes reported she attended King County Board of Health
meeting, the West Auburn Community Conversations event, and the Auburn
Junior City Council Meeting.
Councilmember Amer reported that she attended the Association of
Washington Cities (AWC) District 13 meeting.
Councilmember Baldwin reported that nighttime visibility is important for
pedestrians.
Councilmember C. Taylor reported he attended the AWC District 13 meeting.
Councilmember T. Taylor reported she attended Public Issues Committee
meeting, the Economic Development District Board alternate, AWC District 13
meeting, VRFA meeting, and the Auburn Community Safety meeting.
Councilmember Trout-Manuel reported she attended the Best Starts for Kids
Youth Justice Committee meeting and discussed the Youth Bill of Rights
passed by King County Council.
B. From the Mayor
Mayor Backus reported she attended the Safe Auburn meeting, she testified at
the Transportation meeting in favor of funding State Route 167, attended the
Washington, D.C. United States Conference of Mayors including the New
Mayor session and Police Policy session, polyfluoroalkyl (PFA) threats to
firefighters, FIFA World Cup session, and shared that she testified on House
Bill 1380 and discussed homelessness in Auburn.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 7:46 p.m.
APPROVED this 3rd day of February 2025.
NANCY BACKUS, MAYOR Rebecca Wood-Pollock, Deputy City Clerk
Page 17 of 106
*
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas) February 3, 2025
Claims voucher list dated January 29, 2025 which includes voucher
numbers 478800 through voucher 478947, in the amount of$3,103,941.50,
one electronic fund transfer in the amount of$200.00 and three wire
transfers in the amount of $884,055.61
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated January 29, 2025 which includes voucher numbers 478800 through
voucher 478947, in the amount of $3,103,941.50, one electronic fund transfer in the amount of
$200.00 and three wire transfers in the amount of$884,055.61.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 18 of 106
CITY OF
J\iJBIJIIF4 AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Meeting Date:
Payroll Voucher (Thomas) February 3, 2025
Payroll check numbers 539641 through 539646 in the amount of
$685,821.75, electronic deposit transmissions in the amount of
$2,594,722.71, for a grand total of$3,280,544.56 for the period covering
January 16, 2025 to January 29, 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 539641 through 539646 in the amount of $685,821.75, electronic deposit
transmissions in the amount of $2,594,722.71, for a grand total of $3,280,544.56 for the period
covering January 16, 2025 to January 29, 2025.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 19 of 106
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Ordinance No. 6962 (Gaub) February 3, 2025
An Ordinance granting to City of Kent, a Washington Municipal Corporation,
a Franchise for Water Facilities
(RECOMMENDED ACTION: Move to approve Ordinance No. 6962.)
Department: Attachments: Budget Impact:
Public Works Ordinance No. 6962, Vicinity
Map
Administrative Recommendation:
City Council to approve Ordinance No. 6962.
Background for Motion:
This Ordinance would allow City of Kent to continue to operate existing water facilities in the public
ways within the Auburn city limits. Kent currently provides potable water service for human
consumption or other domestic use, including residential, commercial and wholesale use and fire
suppression purposes.
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications
carrier or operator to use public ways of the City and to provide service to persons or areas inside or
outside of the City.
City of Kent has applied for a new Franchise Agreement to continue to operate their existing water
facilities in the public ways within the Auburn City limits. Kent currently provides potable water service
for human consumption or other domestic use, including residential, commercial and wholesale use
and fire suppression purposes within the portion of Kent's water service boundary area that is within
the Auburn city limits. This includes the area known as the "Bridges" that was annexed from Kent into
Auburn in 2023, and was included in the Interlocal Agreement with Kent and required to be completed
following the annexation actions.
The proposed agreement is consistent with the City's standard franchise agreement language. Any
construction, maintenance, improvements, repairs, upgrades or expansion to Kent's facilities are
managed through the City's permitting processes that are a requirement of the Franchise Agreement.
The proposed agreement would be valid for a term of 20 years.
A staff presentation was given at the January 13, 2025, Study Session discussing draft Ordinance
Page 20 of 106
No. 6962. A Public Hearing to consider this application and hear public comment was held before the
City Council on January 21, 2025, in accordance with Auburn City Code 20.04.040.
Ordinance No. 6962 authorizes Franchise Agreement No. FRN24-0003 with City of Kent subject to
terms and conditions outlined in the Ordinance.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 21 of 106
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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 1 of 23
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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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 2 of 23
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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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 3 of 23
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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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 4 of 23
Page 25 of 106
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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 5 of 23
Page 26 of 106
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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 6 of 23
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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
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November 19, 2024
Franchise Agreement No. FRN24-0003
Page 7 of 23
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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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 8 of 23
Page 29 of 106
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
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 9 of 23
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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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 10 of 23
Page 31 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 11 of 23
Page 32 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 12 of 23
Page 33 of 106
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,
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 13 of 23
Page 34 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 14 of 23
Page 35 of 106
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
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 15 of 23
Page 36 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 16 of 23
Page 37 of 106
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
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 17 of 23
Page 38 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 18 of 23
Page 39 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 19 of 23
Page 40 of 106
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:
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 20 of 23
Page 41 of 106
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;
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 21 of 23
Page 42 of 106
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.
Ordinance No. 6962
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 22 of 23
Page 43 of 106
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
November 19, 2024
Franchise Agreement No. FRN24-0003
Page 23 of 23
Page 44 of 106
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Page 45 of 106
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Ordinance No. 6971 (Whalen) February 3, 2025
An Ordinance relating to the time period to correct Code Violations, and
amending Section 1.25.030.A.2 of the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 6971.)
Department: Attachments: Budget Impact:
Legal Ordinance No. 6971, Ordinance
No. 6971 Exhibit A
Administrative Recommendation:
City Council to approve Ordinance No. 6971.
Background for Motion:
Ordinance No. 6791 would amend Section 1.25.030.A.2 of the Auburn City Code to refine the time
period for which a violation of City Code is to be corrected, increasing flexibility depending on the type
of violation, scope, and requirements for correction.
Background Summary:
Auburn City Code allows Code Enforcement Officials to serve code violators within the City with a
"Notice to Correct", a violation of City Code that designates a time period for the violation to be
corrected before further action is taken.
Certain violations of City Code can be rectified rather quickly, such as issues with litter or graffiti.
Other violations of City Code may require City permits, contracting for services with other entities, and
encompass work that can only be performed during certain times of the year. For example, for a
violation which will require a parking area to be paved to correct a violation and the notice of violation
is served in the winter, an entity may not be able to obtain paving services within fifteen days, nor
may winter weather allow work to begin or be completed within fifteen days.
The proposed amendments will add flexibility to the time periods provided to correct code violations,
better serving the City, and its residents and businesses. The type of violations, scope of violations,
and necessary steps to address the violation would inform the time given to correct the violation
before the City takes further actions. The provision of Code which previously required all violations to
be addressed expeditiously would remain.
Councilmember: Tracy Taylor Staff: Jason Whalen
Page 46 of 106
ORDINANCE NO. 6971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE TIME
PERIOD TO CORRECT CODE VIOLATIONS, AND
AMENDING SECTION 1.25.030.A.2 OF THE AUBURN CITY
CODE
WHEREAS, Section 1.25.030.A.2 of the Auburn City Code currently prescribes the
time period for an individual or entity to correct a violation of City Code, regardless of the
particulars of the violation;
WHEREAS, Section 1.25.030.A.2 provides a one (1) to fifteen (15) day period to
correct a violation of City Code, regardless of the particulars of the violation;
WHEREAS, code violations range in scope and requirements for corrections,
some requiring simple cleanup efforts, while others may require City permitting and other
approvals;
WHEREAS, due to the variation in potential code violations and the range in scope
and requirements it may take to address them, an amendment which grants the City
flexibility in setting a time period for correction will better serve the City, and its residents
and businesses; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 1.25.030.A.2 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.
Ordinance No. 6971
January 22, 2025
Page 1 of 2 Rev. 2024
Page 47 of 106
Section 3. Severability. The provisions of this Ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this Ordinance, or the
validity of its application to other persons or circumstances.
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. 6971
January 22, 2025
Page 2 of 2 Rev. 2024
Page 48 of 106
EXHIBITA- Page 1 of 3
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official or other authorized enforcement official, or
designee, determines that a violation is occurring or has occurred, they may issue a notice
to correct the violation, in a form pursuant to subsection C of this section, to the property
owner(s) and/or tenant(s) and/or to any person(s) causing or allowing or participating in the
violation.
2. If a notice to correct the violation has been issued, the code enforcement official shall
require the violation to be corrected within one to 15 calendar days a reasonable amount
of time from the issuance of the notice to correct and the time shall be designated in the
notice. The length of time to correct shall be determined, in the sole discretion of the code
enforcement official or other authorized enforcement official, or designee, by the scope of
violation, the history of prior violations by the same persons and/or at the same location
and method needed to correct violation. Should the correction of the violation require
permitting or other similar approvals, the code enforcement official or other authorized
enforcement official. or designee. may in their sole discretion set a time period by which to
apply for and/or obtain permitting and other approvals.All violations, in any event, shall be
corrected expediently.
B. Receipt of Correction Notice.
1. Upon receipt of notice to correct violation, the violator shall either correct the violation
or ask the code enforcement official for a reconsideration of the notice to correct within
the time frame set out in subsection (B)(3) of this section.
2. If the violator corrects the violation, the code enforcement official shall close the
violation file and notify violator of compliance.
3. The property owner and/or tenant may request reconsideration of the notice to correct
violation by the code enforcement official. This request must be made in writing prior to
the date on which corrections are to be completed as specified in the notice. The code
enforcement official shall respond to the request for reconsideration, if timely received, no
later than seven calendar days from the date the request for reconsideration was received.
Page 49 of 106
EXHIBITA- Page 2 of 3
The code enforcement official may amend the notice: (a)to correct the notice, (b)for good
cause to allow for a longer time to correct the violation, (c)to amend the scope of violation,
or(d)to rescind the notice. A stay of the time allowed for correction shall be in effect from
the date that a request for reconsideration was received, if timely received, until the date a
response to the request for reconsideration is sent.
4. If the violator corrects the violation pursuant to the reconsideration determination, the
code enforcement official shall close the violation file and notify the violator of compliance.
C. Content. The notice to correct violation shall contain the following:
1. The name and address of the property owner and/or tenant and/or other person to
whom the notice to correct violation is directed; and
2. The street address or description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the Auburn City Code or related
provision, standard, regulation, procedure or permit which has been violated; and
4. A statement of the action required to be taken to correct the violation as determined by
the code enforcement official and a date or time by which correction is to be completed;
and
5. A statement that the property owner and/or tenant may request a reconsideration of
the notice to correct violation by the code enforcement official and the procedures
required for such request; and
6. A statement that the consequences of failing to correct the violation may result in
monetary penalties and/or other enforcement requirements; and
7. A statement that the person to whom the notice to correct violation is directed shall
inform the code enforcement official of the correction so an inspector can be sent to the
violation premises to confirm the correction.
D. Service of Notice. The code enforcement official shall cause the notice to correct violation to
be served on the person(s)to whom it is directed by personal service or by mailing a copy of
the notice to correct violation by regular mail, postage prepaid, to such person(s) at their last
Page 50 of 106
EXHIBITA- Page 3 of 3
known address. If the person's address is unknown, service shall be completed by mailing the
notice to the address of the most recent payer of the property tax for the property, as shown in
the county's records, and by posting a copy of the notice to correct violation conspicuously on
the affected property or structure. Mailed notices shall be deemed received three business
days after the postmark.
E. Extension. Upon written request received prior to the correction date or time, the code
enforcement official may extend the date set for correction for good cause. The code
enforcement official may consider but is not limited to the consideration of substantial
completion of the necessary correction or unforeseeable circumstances which render
completion impossible by the date established as good cause.
F. Repeat Violations. Notwithstanding the above provisions, in the case of a repeat violation, the
code enforcement official or other authorized enforcement official, or designee, may issue a
notice of infraction regardless of whether a notice to correct violation has been issued. For the
purposes hereof, "repeat violation" means that the same person or property has been the
subject of one or more notice to correct violation within the preceding 12 months.
Page 51 of 106
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5803 (Thomas) February 3, 2025
A Resolution authorizing the Mayor to execute an agreement between the
City of Auburn and King County to implement the 2025 Local Hazardous
Waste Management Program and to accept and expend Program Grant
Funds
(RECOMMENDED ACTION: Move to adopt Resolution No. 5803.)
Department: Attachments: Budget Impact:
Finance Resolution 5803 LHWMP Grant
2025, Haz Waste Program
Agreement HW1032 - Auburn
2025
Administrative Recommendation:
City Council to adopt Resolution No. 5803.
Background for Motion:
Resolution No. 5803 is for a $22,347.95 grant from King County for the City's 2025 Local Hazardous
Waste Management Program.
Background Summary:
King County requests to enter into a contract with the City of Auburn for the Local Hazardous Waste
Management Program. King County has extended $22,347.95 for the City to provide hazardous
waste education in 2025.
Residential Hazardous Waste Education
Household hazardous waste education to residents will include social media outreach; postcard, flyer,
or newsletter mailed to residents; and a consultant to provide outreach at City-sponsored events.
School Hazardous Waste Education
A consultant will educate Auburn School District students about hazardous waste through hands-on
classroom workshops or virtual workshops.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 52 of 106
RESOLUTION NO. 5803
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 KING COUNTY TO IMPLEMENT THE 2025
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
AND TO ACCEPT AND EXPEND PROGRAM GRANT
FUNDS
WHEREAS, King County has agreed to reimburse the City of Auburn in the amount
of $22,347.95 for costs associated with the City's Local Hazardous Waste Management
Program; and
WHEREAS, in order to accept the monies offered by King County, it is necessary
for the City to enter into a services contract that specifies the administrative procedures
governing the reimbursement of funds spent in the City's Local Hazardous Waste
Management Program.
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 King County for the 2025 Local Hazardous Waste Management Grant Program,
which agreement will be in substantial conformity with the agreement attached as Exhibit
A, and to accept and expend program grant funds in the amount of$22,347.95.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5803
January 13, 2025
Page 1 of 2 Rev.2018
Page 53 of 106
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. 5803
January 13, 2025
Page 2 of 2 Rev.2018
Page 54 of 106
Page 55 of 106
0111S Hazardous Waste
t ) Management Program GRANT AGREEMENT
GOVERNMENTS WORKING TOGETHER FOR
A HEALTHIER AND CLEANER KING COUNTY
This Agreement is between King County and the Recipient identified below. The County
department overseeing the work to be performed in this Agreement is the Department of
Natural Resources and Parks (DNRP), Water and Land Resources Division (WLRD).
RECIPIENT NAME
City of Auburn
RECIPIENT ADDRESS
25 W Main St.
Auburn, WA 98001
RECIPIENT CONTACT & EMAIL ADDRESS
Joan Nelson
ienelson(a�auburnwa.Qov
PROJECT TITLE
Local Hazardous Waste Management Program Grant Funds for 2025
AGREEMENT START DATE AGREEMENT END DATE AGREEMENT MAXIMUM
AMOUNT
January 1, 2025 March 31, 2026 $22,347.95
EXHIBITS. The following Exhibits are attached and are incorporated into this
Agreement by reference:
Exhibit A— Scope of Work
Exhibit B — Budget
Exhibit C — Invoice Template
Exhibit D — Certificate/Evidence of Insurance
Page 56 of 106
Agreement No. HW 1032
AGREEMENT FOR AWARD OF
LOCAL HAZARDOUS WASTE MANAGEMENT GRANT FUNDS FOR 2025
Between
KING COUNTY and the CITY OF AUBURN
This Agreement for Award of Local Hazardous Waste Management Grant Funds "Agreement" is made
by and between King County, a charter county and political subdivision of the State of Washington,
acting through its Department of Natural Resources, Water and Land Resources Division and the City of
Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the"County" and
the "City"respectively. The County and City may be referred to individually as a"Party" and
collectively as the "Parties."
1. RECITALS
1.1 The Local Hazardous Waste Management Plan(hereafter referred to as the "Plan") as updated in
1997, 2010, and 2021, was adopted by the participating agencies (the King County Solid Waste
Division, the Seattle Public Utilities, the King County Water and Land Resources Division, and Public
Health—Seattle and King County) and the cities located in King County. The Washington State
Department of Ecology in accordance with RCW 70A.300.350 subsequently approved the Plan. The
City is an active and valued partner in the regional Local Hazardous Waste Management Program
(hereafter referred to as the"Program").
1.2 The Plan authorizes Local Hazardous Waste Management Funds to be provided to partner cities
located in King County to help fund those cities' activities associated with hazardous waste collection
and/or educational outreach and educational services.
1.3 King County has received a proposed scope of work and budget from the City and has
determined that the scope of work and budget, attached hereto and incorporated herein as Exhibit A
("Scope of Work") and Exhibit B ("Budget"), respectively, are consistent with the Plan's and Program's
policies, goals, and objectives.
1.4 King County and the City desire to enter into this Agreement for the purpose of establishing the
terms and conditions under which King County will provide an award of Local Hazardous Waste
Management Funds to the City.
NOW THEREFORE, in consideration of mutual promises and covenants contained herein, the Parties
hereby agree to the terms and conditions as follows:
2. AWARD OF GRANT; CONDITIONS OF GRANT
2.1 The Recitals are an integral part of this Agreement and are incorporated herein by this reference.
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Agreement No. HW 1032
2.2 King County agrees to grant the City an award of Local Hazardous Waste Management Funds
not to exceed$22,347.95 (the"Award") on a reimbursement basis as described in Section 2.5. The
Award shall be used by the City solely for the performance of the activities described in this Agreement.
2.3 The City shall use the grant of Local Hazardous Waste Management Funds to provide hazardous
waste collection and/or education services or programs as described in Exhibit A. The total amount of
funds available from this grant in 2025 shall not exceed $22,347.95.
2.4 This Agreement provides for distribution of 2025 grant funds to the City. Reimbursement for
activities carried out and expenses incurred by the City may predate the execution date of this
Agreement provided that (a) the activities have been identified by the City as being within the Scope of
Work and have been approved by King County as being within such Scope of Work; (b)the expenses
are incurred in carrying out the Scope of Work and are authorized by the Award; and(c) such activities
and expenses otherwise comply with all other terms of this Agreement. Reimbursements shall be paid to
the City only after this Agreement has been fully executed.
2.5. During this one-year grant program, the City will submit a minimum of two (2), but no more
than eight(8),progress reports, which include the City's reimbursement requests, to the County in a
form determined by the County. Reports must be signed by a City official. These reports shall include
all of the following:
a. A description of each activity accomplished pertaining to the Scope of Work.
b. Copies of invoices for expenditures or a financial statement prepared by the City's
finance department. The financial statement should include vendor names, a description
of services provided, date paid, and a check or warrant number.
c. Reimbursement requests with an Invoice Form and an Invoice Detail Form, which is
attached hereto as Exhibit C and incorporated herein by reference, unless the City has a
spreadsheet similar to the Invoice Detail Form already in use, in which case the City may
use that spreadsheet instead of the Invoice Detail Form. The City will submit the form or
similar spreadsheet and submit backup documentation for grant expenses.
d. If the City receives funding from sources other than the Local Hazardous Waste
Management Program for any of the activities set forth in Exhibit A, then the City's
reimbursement request shall acknowledge these other sources and the reimbursement
request to the County shall include only a pro-rata share of the expenses.
2.5.1 If the City chooses to submit up to the maximum of eight(8)progress reports and
requests for reimbursement during the one-year grant program, the reports shall be due to the County
on the last day of the month following the end of each quarter(April 30, July 31, October 31,
January 30), except for the final progress report and request for reimbursement, which shall be due
by February 27, 2026.
2.5.2 Regardless of the number of progress reports the City chooses to submit, in order to
secure reimbursement, the City must provide in writing to the County by the December 12, 2025, an
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Agreement No. HW 1032
estimate or final invoice for activities completed in that calendar year for which the City has not yet
submitted a reimbursement request.
2.5.3 If the City accepts funding through this grant program for the provision of hazardous
waste collection or education programs and projects for other incorporated areas of King County, the
City shall explain the relationship with the affected adjacent city or cities that allows for acceptance
of this funding and the specifics of the proposed programs and projects within the Scope of Work
document related thereto.
2.5.4 Within forty-five (45) days of receiving a request for reimbursement from the City, the
Program's contract administrator shall either notify the City of any exceptions to the request which
have been identified or shall process the request for payment. If any exceptions to the request are
made, this shall be done by written notification to the City providing the reason for such exception.
The contract administrator will not authorize payment for activities and/or expenditures which are
not included in the Scope of Work and Budget attached as Exhibits A and B unless the scope has
been amended according to Section 5 of this Agreement. The contract administrator retains the right
to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete
(i.e., do not include proper documentation of expenditures and/or adequate description of each
activity described in the scope of work for which reimbursement is being requested), and/or are not
consistent with the Scope of Work and/or Budget attached as Exhibits A and B.
2.6 The City shall be responsible for following all applicable federal, state, and local laws,
ordinances, rules, and regulations in the performance of the Scope of Work described herein. The City
warrants and represents that its procedures are consistent with federal, state, and local laws relating to
public contract and bidding procedures. The County neither incurs nor assumes any responsibility for
the City's bid, award, or contracting process.
2.7 The City shall use recycled paper for the production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying
and printing and shall use recycled/recyclable products wherever practical.
2.8 The City shall maintain accounts and records, including personnel, financial, and programmatic
records, and other such records as may be deemed necessary by the County, to ensure proper accounting
for all project funds and compliance with this Agreement. All such records shall sufficiently and
properly reflect all direct and indirect costs of any nature expended and service provided in the
performance of this Agreement.
2.8.1 These records shall be maintained for a period of six (6) years after termination hereof
unless permission to destroy them is granted by the Office of the State Archivist in accordance with
RCW Chapter 40.14. These accounts shall be subject to inspection, review, or audit by the County
and/or by federal or state officials as so authorized by law.
2.8.2 The City shall maintain a record of the use of any equipment that costs more than $1,000
and is purchased with grant funds from King County for a total period of three (3)years. The records
shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County
by March 31 of each year through the year 2028.
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Agreement No. HW 1032
2.9 The City agrees to appropriately acknowledge the Program in all media produced—in part or in
whole—with Program funds. Where feasible, the City will use the Program's logo. The intent of this
provision is to further strengthen this regional partnership in the public's mind.
2.9.1 The City agrees to provide the Program with copies of all media material produced for
local hazardous waste management events or activities that have been funded by the Program. The
City also agrees to allow the Program to reproduce media materials created with Program money
provided that the Program credits the City as the originator of that material.
2.9.2 The Program agrees to credit the City on all printed materials provided by the City to the
Program, which the Program duplicates, for distribution. Either the City's name and logo will appear
on such materials (including fact sheets, case studies, etc.), or, at a minimum, the Program will credit
the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City
of Auburn" and/or"text provided courtesy of the City of Auburn."
2.9.3 The Program retains the right to share the written material(s)produced by the City, which
have been funded through this grant, with other King County cities for them to duplicate and
distribute. In so doing, the Program will encourage other cities to credit the City on any pieces that
were produced by the City.
2.10 The City designates Joan Nelson; Utility Billing Services Manager; 25 W. Main Street, Auburn,
WA 98001; 253-931-5103;jenelson@auburnwa.gov or designee, as the administrator of this Agreement
for the City.
2.11 Questions or concerns regarding any issue associated with this agreement that cannot be handled
by the Program's Contract Administrator should be referred to the Local Hazardous Waste Management
Program Director for resolution.
3. DURATION OF AGREEMENT
This Agreement shall become effective on either January 1, 2025, or the date of execution of the
Agreement by both the County and the City and shall terminate on March 31, 2026. The City shall not
incur any new charges after December 31, 2025. However, if execution by either Party does not occur
until after January 1, 2025, this Agreement allows for disbursement of grant funds to the City for
County-approved programs initiated between January 1, 2025, and the later execution of the Agreement
provided that the City complies with the reporting requirements of Section 2.5 of the Agreement.
4. TERMINATION
4.1 King County may terminate this Agreement in whole or in part, for convenience, without cause
prior to the termination date specified in Section 3,upon thirty(30) days advance written notice.
4.2 King County may also terminate this Agreement, in whole or in part, for lack of appropriation,
upon thirty (30) days prior written notice to the City. In accordance with King County Code 4A.100.070,
if King County terminates this Agreement for non-appropriation, then King County's costs associated
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Agreement No. HW 1032
with such termination, if any, shall not exceed the appropriation for the biennium in which termination
occurs.
4.3 This Agreement may be terminated by either Party, in whole or in part, for cause prior to the
termination date specified in Section 3,upon thirty(30) days advance written notice. Reasons for
termination for cause may include but not be limited to nonperformance, misuse of funds, and/or failure
to provide grant related reports/invoices/statements as specified in Section 2.5.
4.4 If the Agreement is terminated as provided in this section: (a)the County will be responsible to
reimburse the City only for allowable expenses, in accordance with the terms of this Agreement for
expenses incurred prior to the effective date of termination; and(b) the City shall be released from any
obligation to provide further services pursuant to this Agreement.
4.5 Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement
or law that either Party may have in the event that the obligations, terms, and conditions set forth in this
Agreement are breached by the other Party.
5. AMENDMENTS
This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of
work will only be approved if the proposed amendment is consistent with the most recently adopted
Hazardous Waste Management Plan. Amendments will only be approved if the proposed change(s) is
(are) consistent with and/or achieves the goals stated in the scope and falls within the activities described
in the scope. Funds may be moved between tasks in the Scope of Work, attached as Exhibit A, upon
written notification by the City to King County and written approval by the County.
6. HOLD HARMLESS AND INDEMNIFICATION
6.1 The City agrees to indemnify, defend, and hold harmless King County, and its elected or
appointed officials, employees and agents, from all suits, claims, alleged liability, actions, losses, costs,
expenses (including reasonable attorney's fees), penalties, settlements and damages of whatsoever kind
or nature arising out of, in connection with, or incident to any acts or omissions of the City, its
employees, agents, contractors or subcontractors in performing its obligations under this Agreement,
except of the County's sole negligence.
6.2 The City's obligations under this section shall include, but not be limited to all of the following:
(a) The duty to promptly accept tender of defense and provide defense to the County with legal counsel
acceptable to the County and at the City's own expense; (b) Indemnification of claims made by the
City's own employees or agents; and(c) Waiver of the City's immunity under the industrial insurance
provisions of Title 51 R.C.W. but only to the extent necessary to indemnify the County, which waiver
has been mutually negotiated by the Parties. In the event it is necessary for the County to incur
attorney's fees, legal expenses, or other costs to enforce the provisions of this section, all such fees,
expenses, and costs shall be recoverable from The City. The provisions of this Section 6.2 shall survive
the expiration, abandonment, or termination of this Agreement.
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Agreement No. HW 1032
7. INSURANCE
7.1 The City, at its own cost, or its contractor(s)/subcontractor(s) at their own cost, shall procure by
the date of execution of this Agreement and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damages to property which may arise from or in connection with
performance of work pursuant to this Agreement by the City, its agents, representatives, employees,
contractors, and/or subcontractors. The minimum limits of Commercial General Liability insurance shall
be $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury,personal and
advertising injury, and property damage. Such insurance shall include coverage for, but not be limited
to,premises liability, ongoing operations,products and completed operations, advertising injury, and
contractual liability. The minimum limit of Automobile Liability insurance shall be $1,000,000
combined single limit per accident for bodily injury and property damage. If the work involves the
transport of pollutants (as defined by the standard auto policy exclusion of pollution) the auto policy
shall be endorsed to include endorsement CA 9948 (or its equivalent) and MCS 90, or auto pollution
coverage. The minimum limit of Pollution Liability insurance shall be $1,000,000 per occurrence and in
the aggregate to cover sudden and non-sudden bodily injury and/or property damage to include the
destruction of tangible property, loss of use, clean-up costs and the loss of use of tangible property that
has not been physically injured or destroyed. Coverage shall include non-owned disposal sites. Any
deductible or self-insured retention(s) shall be the sole responsibility of the City or its
contractor(s)/subcontractor(s). Such insurance shall cover King County, its officials, employees, and
agents as additional insured for full coverage and policy limits against liability arising out of activities
performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and
additional insured endorsement is attached to this Agreement as Exhibit D unless Section 7.2 or Section
7.3 (below) apply. Evidence of required coverage maintained by the contractor(s)/subcontractor(s) must
be provided to the County prior to the commencement of any work.
7.2 If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-
insured for any of the above insurance requirements, a written acknowledgement of self-insurance is
attached to this Agreement as Exhibit D.
7.3 If the Agency is a Municipal Corporation or an agency of the State of Washington and is a
member of the Washington Cities Insurance Authority(WCIA), a written
acknowledgement/certification of current membership is attached to this Agreement as Exhibit D.
8. ENTIRE CONTRACT: NO WAIVER OF DEFAULT
This Agreement is the complete expression of the agreement of the County and City hereto, and any oral
or written representations or understandings not incorporated herein are excluded. Waiver of any default
shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of this Agreement unless stated to be such through written
approval by the County, which shall be attached to the original Agreement.
9. TIME IS OF THE ESSENCE
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Agreement No. HW 1032
The County and City recognize that time is of the essence in the performance of this Agreement. The
Scope of Work set forth in Exhibit A shall be completed by the City no later than December 31, 2025. In
the event that the Scope of Work is not completed by this date, then King County shall retain any
unexpended Award funds.
10. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Agreement is, for any reason, found to be
unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions.
11. NOTICE
Unless otherwise specified in the Agreement, all notices or documentation required or provided pursuant
to this Agreement shall be in electronic form and shall be deemed duly given when received at the
addresses first set forth below via electronic mail. A copy of any notice shall also be sent via first class
mail to the address listed below.
Keith Quinata, Contract Administrator, or a provided designee
King County Department of Natural Resources and Parks
Water and Land Resources Division
Hazardous Waste Management Program
201 S. Jackson Street, Suite 5600
Seattle, WA 98104
hazwastegovrelations@kingcounty.gov or kquinata@kingcounty.gov
If to the City:
Joan Nelson, Utility Billing Services Manager, or a provided designee
City of Auburn
25 W. Main Street
Auburn, WA 98001
jenelson@auburnwa.gov
Either Party hereto may, at any time,by giving ten(10) days written notice to the other Party, designate any
other address in substitution of the foregoing address to which such notice or communication shall be given.
12. GENERAL PROVISIONS
12.1 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective
successors and assigns.
12.2 Each Party warrants and represents that such Party has full and complete authority to enter into this
Agreement and each person executing this Agreement on behalf of a Party warrants and represents that
he/she has been fully authorized to execute this Agreement on behalf of such Party and that such Party is
bound by the signature of such representative.
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Agreement No. HW 1032
12.3 None of the funds,materials,property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
12.4 This Agreement may be signed in multiple counterparts each of which shall be deemed an original,
and all counterparts together shall constitute but one and the same instrument.
12.5 This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other
person or entity, and no person or entity not a party to this Agreement shall have any third-party beneficiary
or other rights whatsoever hereunder.
12.6 This Agreement shall be governed by and construed according to the laws of the State of
Washington.Actions pertaining to this Agreement will be brought in King County Superior Court, King
County,Washington.
IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below:
City of Auburn King County
BY BY
Nancy Backus,Mayor Maythia Airhart,
Environmental Programs Section Manager
City of Auburn Hazardous Waste Management Program
For Dow Constantine,King County Executive
Date Date
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Exhibit A
CITY OF
/\j.JJ31J1JtrJ
Nancy Backus,Mayor
WAS H I N GTO N 25 West Main Street* Auburn WA 98001-4998 * www.auburnwa.gov* 253-931-3000
October 17, 2024
Keith Quinata
Local Hazardous Waste Management Program
201 S Jackson Street, Suite 5600
Seattle, WA 98104
RE: 2025 Hazardous Waste Management Program
Dear Mr. Quinata:
Enclosed please find the City of Auburn's application for the 2025 Hazardous Waste
Management Program(HWMP) Grant. The City is applying for support in two (2) areas:
• Residential, Multifamily, and Business Hazardous Waste Education
• School Hazardous Waste Education
Thank you for consideration of our application and continued support of Auburn's local
hazardous waste management program.
If you have any questions,please contact me at (253) 931-5103 or jenelson@aubumwa.gov.
Sincerely,
J an Nelson
Utility Billing Services Manager
City of Auburn
cc: Devin Fritz, Solid Waste Specialist
AUBURN * MORE THAN YOU IMAGINED
Page 65 of 106
TASK #1 Residential, Multifamily & Business Hazardous Waste Education
The City of Auburn will create and mail a newsletter, flyer, postcard or other media
about household hazardous waste and safer alternative solutions to single-family and
multifamily customers.
The City of Auburn will create and mail a flyer, postcard or other media about business
hazardous waste and safer alternative solutions to business customers.
The City will collaborate on quarterly social media outreach through Facebook Boosts
with south sound cities to promote outreach messages to a broader audience.
The City will educate Auburn residents and youth groups about hazardous waste at
public events such as Kid's Day, Auburn Farmer's Market, Senior Wellness Fair and
various community meetings and educational tables, as well as through a variety of
online resources and social media. This work may be done by City staff or a consultant.
The City will work to educate businesses on the options available for proper disposal of
hazardous waste and the use of safer alternatives. This work may be done by City staff
or a consultant.
Outreach messages may include:
• Wastemobile information
• Proper disposal of household hazardous waste
• Information on product safety
• Alternative, safer cleaning products
• Pesticide and herbicide reduction
• Water pollution prevention
Proposed expenditures for this project include:
• Newsletter/flyer/postcard design, printing, mailing & postage
• Consultant contract for outreach
Performance Objectives:
• Provide information on basic hazardous waste product awareness and safety.
• Promote proper hazardous waste disposal information.
• Provide information on why unwanted electronics and medicines need to be
disposed of properly and what disposal options are available.
• Provide information on safer cleaning alternatives.
Impact Objectives:
• Outreach approximately 20,000 households and 600 business in Auburn so that
they reduce the use of hazardous chemicals and incorporate proper hazardous
waste disposal techniques using the Wastemobile and other fixed locations.
Page 66 of 106
• Reduce the number of hazardous wastes and electronics that are illegally
dumped along roadsides within the City of Auburn.
• Increase awareness and participation of residents and businesses in the proper
handling and disposal of household and business hazardous waste and safer
alternatives for the protection of public health and the environment.
TASK #2 School Hazardous Waste Education
The City will hire a consultant to educate Auburn School District students about
hazardous waste through hands-on classroom and/or virtual presentations and youth
community workshops. The presentations will engage students and residents in science
and sustainability, adapt materials and methods for English Language Learners, and
apply STEM strategies in teaching students to make real-life decisions about their home
and our environment. The WA Office of Superintendent of Public Instruction (OSPI)
approved the lesson as a supplemental curriculum for local classrooms.
Outreach messages may include:
• How to identify hazards in common household products
• How to read product labels
• Safe disposal options
• Recognize the dangers of look-alike products
• Safer alternative cleaning product options
• Wastemobile information
Proposed expenditures for this project may include:
• Design, printing and/or purchasing of materials for instructor classroom and/or
virtual presentations
• Design, printing and/or purchasing of materials for student hands-on activity
• Design and printing of the Student Pre & Post Presentation tests
• Printing of What to do with Unwanted Household Hazardous Waste flyer
• Consultant contract for outreach
Performance Objectives:
• Engage students in science and sustainability and apply STEM strategies
• Provide information on basic hazardous waste product awareness, safety, and
identification.
• Promote proper hazardous waste disposal information.
• Provide information on how to identify look-alike products
• Provide information on safer cleaning alternatives.
• Wastemobile information
Page 67 of 106
Impact Objectives:
• Market, schedule and present up to 45 educational outreach workshops for
eligible elementary schools, middle schools, or youth community groups.
• Increase awareness and participation of students and Auburn residents in the
proper handling and disposal of household hazardous waste for the protection of
public health and the environment.
Page 68 of 106
Agreement#HW1032
EXHIBIT B
2025 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Auburn
25 W Main St
Auburn, WA 98001
Component Description 2025 Budget
Task 1: Residential, Multifamily& S8,000
Business Hazardous Waste Education
Task 2: School Hazardous Waste $14,347.95
Education
Total $22,347.95
Footnote: Please note that the budget and grant cycle for 2025 will be for one year.
Page 69 of 106
Oil.* Hazardous Waste
L ) Management Program
GOVERNMENTS WORKING TOGETHER FOR A HEALTHIER AND CLEANER KING COUNTY ALL FIELDS MUST BE COMPLETED FOR PROMPT PAYMENT PROCESSING
King County Accounts Payable Information
INVOICE Purchase Order#
Supplier Name City of Algona
Agreement No.HW1032 Supplier# 1033
Exhibit C Supplier Pay Site ACH
Period of Performance: 1/1/25-12/31/25 Remit to Address 25 W Main St
Auburn,WA 98001
City of Auburn Invoice Date
25 W Main St
Auburn,WA 98001 Invoice#
Invoice Processing Contact:Joan Nelson
253-931-5103 Amount to be Paid
ienelsonPauburnwa.gov
Requistioner name/phone: Amanda Miller 206-477-1649
Submit signed invoice to:
Keith Quinata
Hazardous Waste Management Program
DNRP Water and Land Resources Division Start Date End Date
Invoice for services rendered under this
201 South Jackson Street,Suite 6300 Agreeement for the period of:
Seattle,WA 98104
hazwastegovrelations fBt kingcou ntv.gov
Project Organization Expend Acct Task CPA Amount
1114016 860000 53105 001
Please do not enter values in shaded cells.Enter"Previously Billed"and"Current"values only.
Expenditure Item I 2025 Budget I Previously Billed Current Cumulative Balance
HHW Task 1 $8,000.00 $0.00 $0.00 $0.00 $8,000.00
HHW Task 2 $14,347.95 $0.00 $0.00 $0.00 $14,347.95
(Total I $22,347.95 $0.00 $0.00 $0.00 $22,347.95
Materials and quantities collected: Collection event details:
Gallons of motor oil Number of collection events
Number of motor oil filters Number of participants at collection events
Gallons of mixed fuel
Gallons of antifreeze Education event details:
Pounds of lead acid batteries Number of education events
Pounds of dry batteries Number of participants at education events
Number of CFC aplliances
Number of fluorescent bulbs
Other(please specify)
I,the undersigned,do hereby certify under the laws of the State of Washington penalty of perjury,that this is a true and correct claim for reimbursement services rendered I understand that any false claims,statements,documents,or
concealment of material fact may be prosecuted under applicable Federal and State laws This certification includes any attachments which serve as supporting documentation to this reimbursement request
Recipient-Print Name
Recipient Signature Date Haz Waste Program Authorization/Approval Date
Page 70 of 106
INVOICE DETAIL
Salaries&Wages-List by Employee Hours Rate of Pay/Hr Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
Subtotal $ - $ - $ - $ - $ -
Fringe Benefits Base Rate Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
Subtotal $ - $ - $ - $ - $ -
Consultant Costs-Itemize by consultant Unit of measure Rate Budget Previously Current Cumulative Balance(Budget
below Billed Expenditure (Previous+ less Cumulative)
Current)
$ - $ - $ - $ - $
$ - $ - $ - $ - $
$ - $ - $ - $ - $
$ - $ - $ - $ - $
Subtotal $ - $ - $ - $ - $ -
Supplies-Please detail below Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
Subtotal $ - $ - $ - $ - $ -
Travel Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
In State Travel Total S of Miles Rate
Out of State Travel S of People Rate
Per Diem and Lodging S of People S of Units Unit Cost
Subtotal $ - $ - $ - $ - $ -
Other Costs-Please detail below Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
$ - $ - $ - $ - $$ - $ - $ - $
$ - $ - $ - $
Subtotal $ - $ - $ - $ - $ -
Overhead Costs-Please detail below Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
$ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $
Subtotal $ - $ - $ - $ - $ -
Budget Previously Current Cumulative Balance(Budget
Billed Expenditure (Previous+ less Cumulative)
Current)
Direct Costs Total $ - $ - $ - $ - $ -
$ - $ - $ - $ -
Grand Total $ - $ - $ - $ - $ -
Notes regarding this Invoice
Invoice Detail Page 2
Page 71 of 106
WA \ cities
Insurance Authority P.O.Box 88030
Tukwila, WA 98138
Phone: 206-575-6046
Exhibit D
Fax: 206-575-7426
12/3/2024 Ref#: 15786 www.wciapool.org
King County DNRP Water and Land Resources Division / Hazardous Waste Management
Program
Attn: Keith Quinata
201 S Jackson St, Ste 5600
Seattle, WA 98104
Re: City of Auburn
Hazardous Waste Reduction Grant Agreement
Evidence of Coverage
The City of Auburn is a member of the Washington Cities Insurance Authority (WCIA), which is
a self-insured pool of over 160 public entities in the State of Washington.
WCIA has at least $4 million per occurrence limit of liability coverage in its self-insured layer that
may be applicable in the event an incident occurs that is deemed to be attributed to the
negligence of the member. Liability coverage includes general liability, automobile liability, stop-
gap coverage, errors or omissions liability, employee benefits liability and employment practices
liability coverage.
WCIA provides contractual liability coverage to the City of Auburn. The contractual liability
coverage provides that WCIA shall pay on behalf of the City of Auburn all sums which the
member shall be obligated to pay by reason of liability assumed under contract by the member.
WCIA was created by an interlocal agreement among public entities and liability is self-funded
by the membership. As there is no insurance policy involved and WCIA is not an insurance
company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc: Candis Martinson
Page 72 of 106
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5806 (Whalen/Gaub) February 3, 2025
A Resolution authorizing the Mayor to execute an amendment to the Auburn
Municipal Airport Land Lease with Cascade Helicopter Services relating to
the implementation of the 2025 Fair Market Value Lease Rate Adjustment
and other Terms
(RECOMMENDED ACTION: Move to adopt Resolution No. 5806.)
Department: Attachments: Budget Impact:
Legal Resolution No. 5806, 7th
Amendment to Cascade LA (Exh
A)
Administrative Recommendation:
City Council to adopt Resolution No. 5806.
Background for Motion:
Cascade is the Airport's longest active commercial tenant. They provide a great deal of value and
services to the Airport and the Auburn Community. The changes proposed under Resolution No.
5806 are reflective of those services and the value they bring.
Background Summary:
The Airport's Land Leases are subject to Fair Market Value ("FMV") lease rate adjustments in
calendar years ending in a "0" and "5" (example: 2020, 2025, 2030, 2035). Per lease requirements,
the City commissioned an appraisal to evaluate the market and determine the FMV lease rate for
leased land on the Airport. The June 24, 2024 report, prepared by MAI certified appraiser— S. Murray
Brackett & Senior Valuation Associate — Tim Lovell of CBRE's Valuation & Advisory Services
concluded a FMV lease rate of $1.35 per square foot of land, per year, roughly a 35% increase over
the 2024 lease rate.
On October 7, 2024, the Council passed Resolution No. 5785, which authorized the Mayor to execute
amendments to the Airport Land Leases subject to the FMV increase, including Cascade. Cascade
elected not to execute the amendment attached to Resolution No. 5785 (the other tenants did) but
wanted to negotiate for different terms than those provided for in the Resolution No. 5785
amendment.
Cascade and Airport Management worked together to identify services and benefits desired by
Airport Management that could be provided by Cascade in return for rate discounts and other lease
Page 73 of 106
terms they desired.
The lease amendment attached as Exhibit A to Resolution No. 5806 are reflective of those
negotiations.
Councilmember: Kate Baldwin Staff: Jason Whalen
Page 74 of 106
RESOLUTION NO. 5806
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT TO
THE AUBURN MUNICIPAL AIRPORT LAND LEASE
WITH CASCADE HELICOPTER SERVICES
RELATING TO THE IMPLEMENTATION OF THE
2025 FAIR MARKET VALUE LEASE RATE
ADJUSTMENT AND OTHER TERMS
WHEREAS, the City of Auburn has a land lease located on the Auburn
Municipal Airport ("Airport") with Cascade Airframe Repair Inc., DBA Cascade
Helicopter Services ("Cascade"), successor in interest to Sky Services; and
WHEREAS, the lease contains a Fair Market Valuation ("FMV") rent
escalation clause; and
WHEREAS, the appraisal establishing the FMV rent for the 2025 term
produced a rate that is substantially higher than the 2024 lease rate; and
WHEREAS, on October 7th, 2024 the Auburn City Council approved
Resolution 5785 authorizing the Mayor to execute lease amendments with the
Airport land lease tenants, including Cascade; and
WHEREAS, Cascade never executed the amendment authorized in
Resolution 5785. Instead, Cascade desired to negotiate different terms in
exchange for providing certain services and benefits to the Airport not provided by
the other tenants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute the lease amendment
attached as Exhibit A.
Resolution No 5806
January 7, 2025
Page 1 of 2
Page 75 of 106
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
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 5806
January 7, 2025
Page 2 of 2
Page 76 of 106
SEVENTH AMENDMENT TO THE LEASE AGREEMENT
BETWEEN THE CITY OF AUBURN AND SKY SERVICES,INC.
THIS SEVENTH AMENDMENT is made and entered into this day of
February, 2025, by and between the CITY OF AUBURN, a municipal corporation of the State
of Washington (the "CITY"), and Cascade Airframe Repair Inc., a Washington corporation,
DBA Cascade Helicopter Services (the "Lessee"), as an amendment to the Lease Agreement
between the parties for land located on the Auburn Municipal Airport("Airport") dated the 27th
day of February 1978.
I. RECITALS:
1. The CITY and Sky Services entered into a lease agreement at the Auburn Municipal
Airport dated February 27th, 1978 (the "Original Lease Agreement"), authorized through
the ratification of Resolution 866.
2. Sky Services was succeeded by Auburn Flight Services who was further succeeded by
Cascade Helicopter Services.
3. The Original Lease Agreement together with all previous amendments (dated: 1/3/1984,
10/2/1989, 3/15/1999, 5/26/2000, 5/4/2015, & 9/16/2019) are collectively referred to
herein as the "Lease Agreement".
4. Paragraph 3 "Rental Rate and Rate Adjustment" of the Second Amendment provided for
periodic rent adjustments of the Premises.
5. That portion of Sixth Amendment relating to rental rate and rate adjustments provided for
periodic rent adjustments, replacing in its entirety Paragraph 3 "Rental Rate and Rate
Adjustment" of the Second Amendment.
6. Certain tenants, including the Lessee have been receiving a 35% discount to the FMV
lease rate in exchange for the Lessee taking on the cost and burden of maintaining the
pavement areas located within their leased Premises.
7. On October 7th, 2024 in a regular Council Meeting, the Auburn City Council passed
Resolution 5785 approving lease amendments implementing the 2025 Fair Market
Valuation("FMV") lease rate adjustment over a three-year period. Lessee elected not to
participate in the lease amendments approved under Resolution 5785 on the grounds that
Lessee argued that Lessee provided and would agree to provide more services,providing
for a greater impact to the Airport than the other Airport land tenants and therefore
should realize a greater discount to the FMV than what was accounted for in the Lessees
proposed amendment described in Resolution 5785.
RES 5806,Seventh Amendment to Lease Agreement between COA&Sky Services,Inc.
Original Lease approved under Resolution NO.866
Page 77 of 106
8. The Parties wish to amend Paragraph 6 set forth in the Sixth Amendment, including
adding new subparagraphs "(e)" and"(f)" and Addendum 1 to this Seventh Amendment.
Further, the Parties wish to attribute and memorialize the lease rate discount provided to
Lessee based upon Lessee's satisfactory performance of the services described in
Addendum 1, attached to this Seventh Amendment to the Lease Agreement.
II. AMENDMENT:
NOW THEREFORE in consideration of their mutual covenants, conditions, and
promises, the Parties agree as follows:
1. Paragraph 6 as amended in the Sixth Amendment is amended to read as follows
including the addition of a new subparagraph "(e)" and "(f)":
(a). The Monthly Base Rent will be adjustedincreased by 3% on June 1 of every calendar
year ending in a"2" or"7" during the term of this 1Lease Agreement, by a multiplier equal
to the change in the Price Index (1N) Nmuant to the procedure set forth in Section 6(c)
below with the first PI adjustment commencing June 1, 20272. Notwithstanding the
foregoing, Monthly Base Rent will be adjusted every five (5) years, commencing on January
1, 2025,to equal the "fair market rental value" (FMV) of Auburn Airport land, pursuant to
the procedure set forth in Section 6(d)below.
(b). Definitiono: The adjusted Monthly B^..iz Rent will be determined in accordance with the
fo:ruka oet for in Section 6(c) below. In cpplying the fo;w uka, the following definitions
apply: Intentionally Omitted
(1) "Bureau"means the U.E. Department of Tabor Bureau of Labor Statistics or any
successor agency.
(2) "Rise Ind "m„ ns the Consumer Price Index for the month of Fob uary for all
Urban Consumers, All Items (Seattle Tacoma Bellevue) issued from time to time
by the Bureau, or any other measure hereafter employed by the B'aroau in lieu of
the price index that measures the cost of living or if said Bureau should cease to
issue such indices and any other agency of the Uciitod States should perform
substantially the same function, the„ the indigos issued by such other agency.
(c.). The adjusted Monthly Bose Rent shall be determined by multiplying the Monthly Base
Rent being adjusted by a multiplier equal to the atn'uktti e-oba ge iR the Moe Index over
the previous 21 months ending in February of the adjustment year, computed as follows:
Intentionally Omitted
(d). Each five (5)years, commencing on January 1, 2025, the Monthly Base Rent will be
revised based upon an appraisal establishing fair market rental value of Auburn Airport
land, excluding rental value of any Lessee constructed Improvements. Lessor will retain and
RES 5806,Seventh Amendment to Lease Agreement between COA&Sky Services,Inc.
Original Lease approved under Resolution NO.866
Page 78 of 106
pay the costs of an MAI appraiser. The annual adjustment formula set forth in Sections
6(ab) & (se)will not be applied each such fifth (5th) year. Lessor may, at its discretion,
utilize an appraisal completed within 12 months prior to the date of the periodic five year
adjustment. Additionally, this appraisal may be used by Lessor for setting rates for leases
other than this Lease. In the event Lessee disagrees with Lessor's appraisal, Lessee may, at
their own expense, retain a second appraisal. Lessor and Lessee will then attempt to
negotiate a lease rate. If these negotiations are unsuccessful, the parties will mutually agree
on the selection of an arbitrator. The costs of arbitration will be shared equally. The
arbitrator's determination will be based upon the appraisals,but in no event will the new
Monthly Base Rent be lower than the Monthly Base Rent in effect at the time of arbitration.
The decision of the arbitrator regarding the increases will be final. In the event of ongoing
negotiations or arbitration, the determined rental rate will be made retroactive to January 1
of the current FMV cycle.
6(e) The 2025 FMV adjustment as defined in Section 6 of this Lease Agreement as amended
will be implemented over two years based on the following schedule:
• January 2025 —December 2025 assessed at$0.57 per square foot, per year.
• January 2026—May 2027 assessed at $0.7425 per square foot, per year.
6(f) Notwithstanding the provisions of Section 6 (e) above, for rental rate adjustments
determined by FMV, the provisions of Addendum 1, attached hereto, shall apply.
2. Lessee's name is amended as follows:
Sparrow TangCascade Airframe Repair, Inc. DBA Cascade Helicopter Services
All other terms and conditions of this Lease Agreement as amended shall remain the same.
RES 5806,Seventh Amendment to Lease Agreement between COA&Sky Services,Inc.
Original Lease approved under Resolution NO.866
Page 79 of 106
ADDENDUM 1
In exchange for those services provided to the Airport by Lessee, Lessee shall receive a 45%
discount to the appraisal rate determined through the Fair Market Value ("FMV") appraisal
setting forth the land lease rates provided for in the Lease. The discount shall be attributed to the
following services provided for in the table below.
Discount I Cascade Provided Service
Maintenance of the pavement area within the leased premises. The pavement
35% must be kept in a similar or better condition than the surrounding pavement in the
vicinity of the leased premises.
Participating with Airport Management in the hosting of Auburn's annual
"Airport Days".At a minimum participation will include providing Cascade's
1% east paved lot as guest parking for the event and allowing access to power at no
cost to the City.
Provide support for Airport Emergencies. This will include providing qualified
personnel to be on-call and respond to aircraft incidents and disabled aircraft at
2% the Airport within lhr of being notified of said incident. This will also include
utilizing Cascade-owned equipment to move disabled aircraft when necessary at
no cost to the City.
2% Provide Jet-A fuel service to the Airport.
Support of for Emergency Air Medical Operations. Cascade will allow
1% emergency air medical rotor wing evacuation operations to utilize its leased
premises.
Courtesy Vehicle. Cascade will provide a courtesy vehicle (make and model to be
approved by Airport Management) for use by Airport visitors at no charge to the
4% Airport or the users of the vehicle. Cascade must have the vehicle available 24/7,
year-round,keep it in good operating condition as well as provide all necessary
insurance on the vehicle.
In years ending in a"4" and"9" (years proceeding implementation of the next FMV cycle) the
Parties will convene and audit the services provided. If the City determines that Lessee is not
offering the above services at a reasonable level as determined by the City, the Parties agree that
said service and the associated discount rate shall be removed from the next FMV cycle.
[SIGNATURES ON THE FOLLOWING PAGES]
RES 5806,Seventh Amendment to Lease Agreement between COA&Sky Services,Inc.
Original Lease approved under Resolution NO.866
Page 80 of 106
Signed and dated on this day of , 2025
Cascade Airframe Repair, Inc. DBA
Cascade Helicopter Services
Name: Sparrow Tang Title: President/CEO
STATE OF WASHINGTON
) ss.
County of
The undersigned Notary Public hereby certifies: That on this day of
20 ,personally appeared before me (name),
(title),to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
RES 5806,Seventh Amendment to Lease Agreement between COA&Sky Services,Inc.
Original Lease approved under Resolution NO.866
Page 81 of 106
Signed and dated on this day of , 2025
City of Auburn
Mayor: Nancy Backus
Approved as to form:
City Attorney: Jason Whalen
STATE OF WASHINGTON
ss.
County of
The undersigned Notary Public hereby certifies: That on this day of
20 ,personally appeared before me (name),
(title),to me known to be the individual(s) described in
and who executed the within instrument, and acknowledged that he/she signed and sealed the same
as his/her free and voluntary act and deed, for the purposes and uses therein mentioned, and on
oath stated that he/she was duly authorized to execute said document on behalf of
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
RES 5806,Seventh Amendment to Lease Agreement between COA&Sky Services,Inc.
Original Lease approved under Resolution NO.866
Page 82 of 106
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5810 (Krum) February 3, 2025
A Resolution approving the Lodging Tax Grant disbursements
recommended by the Auburn Lodging Tax Advisory Committee and
authorizing the Mayor to execute an agreement between the City of Auburn
and the Auburn Area Chamber of Commerce for the purpose of Tourism
and Marketing Services
(RECOMMENDED ACTION: Move to adopt Resolution No. 5810.)
Department: Attachments: Budget Impact:
Community Development Resolution No. 5810, Resolution $150,000.00
No. 5810 Attachment A - 2025
Chamber Tourism Contract
Administrative Recommendation:
City Council to approve Resolution No. 5810
Background for Motion:
The Lodging Tax Advisory Committee (LTAC) received an application from the Auburn Area Chamber
for a Grant requesting $150,000.00 to provide Tourism and Marking services for 2025. This request
was unanimously approved by the LTAC Committee on January 15, 2025.
Background Summary:
Resolution No. 5810 approves the Lodging Tax Advisory Committee (LTAC) recommendation of
Lodging Tax Grant Fund disbursement and authorizes the Mayor to enter into a 1-year contract
(2025) with the Auburn Area Chamber of Commerce for the purposes of providing Tourism and
Marketing Services.
The Auburn Area Chamber of Commerce made an application for a 2025 Lodging Tax Grant on
December 20, 2024, for Tourism and Marketing Services. At the January 15, 2025, LTAC meeting,
the LTAC voted unanimously to approve the LTAC use Lodging Tax Funds to support this contract.
The contract attached to the Resolution provides $150,000.00 for the 1-year period. It is fully funded
through Lodging Taxes that are collected under Auburn City Code (ACC) Chapter 3.58 and is fully
within the overall Tourism Budget approved by City Council under account 104. At the end of 2024
the Lodging Tax Special Lodging Tax Fund had a balance of approximately $450,000.00 and an
estimated 2025 additional anticipated revenue of $171,000.00.
Page 83 of 106
About LTAC (Chapter 2.76 ACC); LTAC is the Committee that has been set up as a requirement of
Washington State Law to help oversee and guide the use of Lodging Taxes collected within Auburn.
The LTAC makes recommendations regarding the use of Lodging Taxes to City Council. LTAC is
comprised of 3 members of the Community that represent the businesses that collect the tax (e.g.
hotels/motels) and 3 members who are eligible to be the recipient of the benefits of how the tax is
spent and/or the tourism that is generated within the community (e.g. Emerald Downs, the Outlet
Collection, City Parks and Recreation). The LTAC is Chaired by the Mayor.
About the Tax (Chapter 3.58 ACC): the Lodging Tax is levied as a special Excise Tax of one percent.
Cities are allowed to levy this tax under the authority established in RCW 67.28 and RCW 82.02.
Taxes that are collected must be placed in a special fund and may only be used for Tourism related
functions. The tax is collected in conjunction with people that patron local hotels and motels. Under
state law, a portion of Lodging Taxes that are collected by a city must be made available through a
competitive grant process where applicants seek funding support to market events that are intended
to draw visitors from out of town into Auburn.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 84 of 106
RESOLUTION NO. 5810
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE LODGING
TAX GRANT DISBURSEMENTS RECOMMENDED BY THE
AUBURN LODGING TAX ADVISORY COMMITTEE AND
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE
AUBURN AREA CHAMBER OF COMMERCE FOR THE
PURPOSE OF TOURISM AND MARKETING SERVICES
WHEREAS, pursuant to RCW 67.28, on June 4, 2001 the Auburn City Council
adopted Ordinance 5554 which established Chapter 2.76 of the Auburn City Code and
the Lodging Tax Advisory Committee (LTAC); and
WHEREAS, the purpose of the LTAC was to consider the creation and imposition
of lodging tax and to provide recommendations to City Council on how lodging taxes that
are collected will be spent; and
WHEREAS, pursuant to RCW 67.28 and RCW 82.02, on August 6, 2001 the
Auburn City Council adopted Ordinance 5561 which established Chapter 3.58 of the
Auburn City Code and the authority to levy a special excise tax of one percent on the sale
of or charge made for the furnishing of lodging in Auburn; and
WHEREAS, lodging taxes collected under Chapter 3.58 of the Auburn City Code
are placed in a special fund to be used solely for the purpose of paying all or any part of
the cost of tourist promotion, acquisition or tourism-related facilities, or operation of
tourism-related facilities or to pay for any other uses authorized in RCW 67.28; and
WHEREAS, the City of Auburn seeks to enter into a contract with the Auburn Area
Chamber of Commerce for the purposes of delivering tourism related functions as well as
marketing and advertising (attached as "Attachment A"); and
Resolution No. 5810
January 27, 2025
Page 1 of 3
Page 85 of 106
WHEREAS, the scope of services set forth in Attachment A was presented to the
LTAC through a Loging Tax Grant Fund Application for Fiscal Year 2025 during a publicly
noticed meeting that occurred on Wednesday, January 15, 2025; and
WHEREAS, the LTAC cast a unanimous vote in support of the City entering into a
contract to provide tourism, advertising and marketing services;
and
WHEREAS, the contract is fully funded through lodging taxes that are collected
and held in the special fund established in Chapter 3.58 of the Auburn City Code.
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 Auburn Area Chamber of Commerce, 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. 5810
January 27, 2025
Page 2 of 3
Page 86 of 106
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. 5810
January 27, 2025
Page 3 of 3
Page 87 of 106
PROFESSIONAL SERVICES AGREEMENT
FOR 2025 VISITOR AND TOURISM FOR
THE AUBURN AREA CHAMBER
This Professional Services Agreement ("Agreement") made and entered into this Pt day of
January, 2025, by and between the City of Auburn, a Washington municipal corporation
("City"), and the Auburn Area Chamber ("Contractor"). The City and the Contractor (together
"Parties") are located and do business at the below addresses which shall be valid for any notice
required under this agreement.
Auburn Area Chamber of Commerce City of Auburn
268 E Main Street 25 W Main Street
Auburn WA 98002 Auburn WA 98001
(253) 833-0700 (253) 931-3000
The Parties agree as follows:
1. TERM. The term of this Agreement shall commence upon the effective date of this
Agreement, which shall be the date of mutual execution, and shall continue until the
completion of the Work, but in any event no later than December 31, 2025. ("Term").
2. SERVICES.The Contractor shall perform the services more specifically described
in Exhibits A and B, attached hereto and incorporated by this reference ("Services"), in a
manner consistent with the accepted professional practices for other similar services
within the Puget Sound region in effect at the time those services are performed,performed
to the City's satisfaction, within the time period prescribed by the City and pursuant to
the direction of the Mayor or his or her designee. The Contractor warrants that it has
the requisite training, skill, and experience necessary to provide the Services and is
appropriately accredited and licensed by all applicable agencies and governmental entities,
including but not limited to obtaining any applicable City of Auburn business license.
Services shall begin immediately upon the effective date of this Agreement. Services shall
be subject,at all times, to inspection by and approval of the City,but the making(or failure
or delay in making) such inspection or approval shall not relieve Contractor of
responsibility for performance of the Services in accordance with this Agreement,
notwithstanding the City's knowledge of defective or non-complying performance, its
substantially or the ease of its discovery.
3. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party 90 days written notice at its address set forth above.
The City may terminate this Agreement immediately if the Contractor fails to maintain
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 1
Page 88 of 106
required insurance policies, breaches confidentiality, or materially violates Section 12;
and such may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In return for the Services,the City shall pay the Contractor an amount
not to exceed a maximum amount specified in Exhibit C and according to a rates and method
as delineated in Exhibit D attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall
remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit
B, the Contractor shall be solely responsible for the payment of any taxes imposed by any
lawful jurisdiction as a result of the performance and payment of this Agreement.
4.2 Method of Payment. On a monthly basis, the Contractor shall submit a
voucher or invoice in the form specified by the City, a digital version (pdf) including
a description of what Services have been performed, the name of the personnel
performing such Services, any hourly labor charge rate for such personnel,and the purchase
order number(PO#). The Contractor shall also submit a final bill upon completion of all
Services. Payment shall be made on a monthly basis by the City only after the Services
have been performed and within thirty (30) days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Services do not meet the
requirements of this Agreement,the Contractor will correct or modify the work to comply
with the Agreement. The City may withhold payment for such work until the work meets
the requirements of the Agreement.
4.3 Non-Annronriation of Funds. If sufficient funds are not appropriated or
allocated for payment under this Agreement for any future fiscal period, the City will not
be obligated to make payments for Services or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Services for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. INDEMNIFICATION.
5.1 Contractor Indemnification. Contractor shall defend,indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims,
injuries, damages, losses or suits including attorney fees, arising out of or resulting from
the acts, errors or omissions of the Contractor in performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 2
Page 89 of 106
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 City, its officers, officials, employees, and volunteers, the
Contractor's liability, including the duty and cost to defend,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.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood
that the Contractor waives any immunity that may be granted to it under the Washington
State Industrial Insurance Act, Title 51 RCW, solely for the purposes of this
indemnification. Contractor's indemnification shall not be limited in any way by any
limitation on the amount of damages, compensation or benefits payable to or by any third
party under workers' compensation acts, disability benefit acts or any other benefits acts or
programs. The Parties acknowledge that they have mutually negotiated this waiver.
5.3 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
6. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the Contractor, its
agents, representatives, or employees.
6.1. No Limitation. Contractor's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
6.2. Minimum Scone of Insurance. Contractor shall obtain insurance of the types
and coverage described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO)
form CA 00 01 or a substitute form providing equivalent liability coverage.
b. Commercial General Liability insurance shall be at least as broad as ISO
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 3
Page 90 of 106
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under the
Contractor's Commercial General Liability insurance policy with respect to the
work performed for the City using an additional insured endorsement at least as
broad as ISO CG 20 26.
c. Workers' Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
d. Professional Liability insurance appropriate to the Contractor's profession.
6.3. Minimum Amounts of Insurance. Contractor shall maintain the following insurance
limits:
a. Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of$1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
6.4 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 City. Any Insurance, self-insurance, or
self-insured pool coverage maintained by the City shall be excess of the Contractor's insurance
and shall not contribute with it.
6.5 Accentabilitv of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
6.6 Verification of Coverage. Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of the
Contractor before commencement of the work.
6.7 Notice of Cancellation. The Contractor shall provide the City with
written notice of any policy cancellation within two business days of their receipt of
such notice.
6.8 Failure to Maintain Insurance. Failure on the part of the Contractor to
maintain the insurance as required shall constitute a material breach of contract, upon
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 4
Page 91 of 106
which the City may, after giving five business days' notice to the Contractor to correct
the breach, immediately terminate the contract or, at its discretion,procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
6.9 City Full Availability of Contractor Limits. If the Contractor 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 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 City evidences
limits of liability lower than those maintained by the Contractor.
6.10 Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement.
7. WORK PRODUCT. All originals and copies of work product, including plans,
sketches, layouts, designs, design specifications, records, files, computer disks, magnetic
media or material which may be produced or modified by Contractor while performing
the Work shall belong to the City upon delivery. The Contractor shall make such data,
documents, and files available to the City and shall deliver all needed or contracted for work
product upon the City's request. At the expiration or termination of this Agreement, all
originals and copies of any such work product remaining in the possession of Contractor shall
be delivered to the City.
8. BOOKS AND RECORDS. The Contractor agrees to maintain books,records,and
documents which sufficiently and properly reflect all direct and indirect costs related to the
performance of the Work and maintain such accounting procedures and practices as may
be deemed necessary by the City to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject, at all reasonable times, to inspection, •
review or audit by the City, its authorized representative, the State Auditor, or other
governmental officials authorized by law to monitor this Agreement.
9. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be
an independent contractor and that the Contractor has the ability to control and direct the
performance and details of its work, the City being interested only in the results obtained
under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick
leave, vacation pay or any other benefit of employment, nor to pay any social security or
other tax which may arise as an incident of employment. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 5
Page 92 of 106
subcontractors in the performance of the contract work and shall utilize all protection
necessary for that purpose.All work shall be done at Contractor's own risk, and Contractor
shall be responsible for any loss of or damage to materials, tools, or other articles used or
held for use in connection with the work. The Contractor shall pay all income and other
taxes due except as specifically provided in Section 4. Industrial or any other insurance
that is purchased for the benefit of the City, regardless of whether such may provide a
secondary or incidental benefit to the Contractor, shall not be deemed to convert this
Agreement to an employment contract. If the Contractor is a sole proprietorship or if this
Agreement is with an individual, the Contractor agrees to notify the City and complete any
required form if the Contractor retired under a State of Washington retirement system and
agrees to indemnify any losses the City may sustain through the Contractor's failure to do so.
10. CONFLICT OF INTEREST. It is recognized that Contractor may or will be
performing professional services during the Term for other parties;however,such performance
of other services shall not conflict with or interfere with Contractor's ability to perform the
Services. Contractor agrees to resolve any such conflicts of interest in favor of the City.
Contractor confirms that Contractor does not have a business interest or a close family
relationship with any City officer or employee who was, is, or will be involved in the
Contractor's selection, negotiation, drafting, signing, administration, or evaluating the
Contractor's performance.
11. EOUAL OPPORTUNITY EMPLOYER. In all services,programs,activities,hiring,
and employment made possible by or resulting from this Agreement or any subcontract,
there shall be no discrimination by Contractor or its subcontractors of any level, or any of
those entities' employees, agents, subcontractors, or representatives against any person
because of sex, age (except minimum age and retirement provisions), race, color, religion,
creed, national origin, marital status, or the presence of any disability, including sensory,
mental or physical handicaps, unless based upon a bona fide occupational qualification in
relationship to hiring and employment. This requirement shall apply, but not be limited to
the following: employment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor shall comply
with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights
Act of 1964, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of
1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or
regulation regarding non-discrimination.
12. GENERAL PROVISIONS.
12.1 Interpretation and Modification. This Agreement, together with any attached
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 6
Page 93 of 106
Exhibits, contains all of the agreements of the Parties with respect to any matter covered or
mentioned in this Agreement and no prior statements or agreements, whether oral or written,
shall be effective for any purpose. Should any language in any Exhibits to this Agreement
conflict with any language in this Agreement, the terms of this Agreement shall prevail. The
respective captions of the Sections of this Agreement are inserted for convenience of reference
only and shall not be deemed to modify or otherwise affect any of the provisions of this
Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and
void, or illegal shall in no way affect or invalidate any other provision hereof and such
other provisions shall remain in full force and effect. Any act done by either Party prior to
the effective date of the Agreement that is consistent with the authority of the Agreement and
compliant with the terms of the Agreement, is hereby ratified as having been performed under
the Agreement. No provision of this Agreement, including this provision, may be amended,
waived, or modified except by written agreement signed by duly authorized representatives of
the Parties.
12.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall
have the right to transfer or assign, in whole or in part, any or all of its obligations and
rights hereunder without the prior written consent of the other Party. If the non-assigning
party gives its consent to any assignment, the terms of this Agreement shall continue in
full force and effect and no further assignment shall be made without additional written
consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the
benefit of and be binding upon their respective successors in interest, heirs and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties
hereto. No other person or entity shall have any right of action or interest in this Agreement
based on any provision set forth herein.
12.3 Compliance with Laws. The Contractor shall comply with and perform the
Services in accordance with all applicable federal, state, local, and city laws including,
without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and
policies, as now existing or hereafter amended, adopted, or made effective.
12.4 Enforcement. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set forth in
the description of the Services is essential to the Contractor's performance of this
Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered
personally to the addressee of the notice or may be deposited in the United States mail,
postage prepaid, to the address set forth above. Any notice so posted in the United States
mail shall be deemed received three (3) days after the date of mailing. Any remedies
provided for under the terms of this Agreement are not intended to be exclusive, but shall
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 7
Page 94 of 106
be cumulative with all other remedies available to the City at law, in equity or by statute.
The failure of the City to insist upon strict performance of any of the covenants and
agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and
remain in full force and effect. Failure or delay of the City to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of the City to
declare one breach or default does not act as a waiver of the City's right to declare another
breach or default. This Agreement shall be made in, governed by, and interpreted in
accordance with the laws of the State of Washington. If the Parties are unable to settle any
dispute, difference or claim arising from this Agreement, the exclusive means of resolving
that dispute, difference, or claim, shall be by filing suit under the venue, rules and
jurisdiction of the King County Superior Court, King County, Washington, unless the
parties agree in writing to an alternative process. If the King County Superior Court does
not have jurisdiction over such a suit,then suit may be filed in any other appropriate court
in King County, Washington. Each party consents to the personal jurisdiction of the state
and federal courts in King County, Washington and waives any objection that such courts are
an inconvenient forum. If either Party brings any claim or lawsuit arising from this
Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other
recovery or award provided by law;provided, however,however nothing in this paragraph
shall be construed to limit the Parties' rights to indemnification under Section 5 of this
Agreement.
12.5 Execution. Each individual executing this Agreement on behalf of the City
and Contractor represents and warrants that such individual is duly authorized to execute and
deliver this Agreement. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and with the same effect as if all Parties hereto had
signed the same document. All such counterparts shall be construed together and shall
constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart. The signature and acknowledgment pages from such counterparts may
be assembled together to form a single instrument comprised of all pages of this Agreement
and a complete set of all signature and acknowledgment pages. The date upon which the last
of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual
execution" hereof.
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 8
Page 95 of 106
13. EXHIBITS. This agreement includes the following Exhibits,which are incorporated by
reference:
a. Exhibit A: SERVICES
b. Exhibit B: 2025 EXPLORE AUBURN TOURISM PLAN
c. Exhibit C: COMPENSATION
d. Exhibit D: PROJECT BUDGET
[Signature page follows]
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 9
Page 96 of 106
IN WITNESS, the Parties hereto have caused this agreement to be executed the day
and year first above written.
CITY OF AUBURN AUBURN AREA CHAMBER OF
COMMERCE
Nancy Backus, Mayor Kacie Bray, Executive Director
Date Date
ATTEST:
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
Jason Whalen, City Attorney 1
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Page 10
Page 97 of 106
EXHIBIT A
SERVICES
The Service Provider shall implement a marketing promotion program in 2025 for the City of
Auburn which shall include:
The $150,000 is earmarked as follows:
Auburn Lodging Tax funds will support the marketing and tourism efforts for the City of
Auburn.
See Exhibit B for additional service details.
Not more than 10% of any lodging tax grant will be reimbursed for items bought by the
contractor and subsequently kept by organization members, planners, organizers, promoters,
or others. These items could include all types of clothing, hats, and/or other objects.
The City shall have the right to review and make suggestions to advertisements, banners,
questionnaires and other materials and services provided in connection with this Contract.
The Service Provider shall provide the City with copies of all materials developed pursuant to
this Contract. The copies of these materials shall meet the requirement of City ownership of
work product as referenced in Section 7 of this contract. All material will be printed no later
than December 26, 2025.
The Service Provider shall provide a written summary report of the work completed in 2025
as well as any and all other reports, documents and receipts requested by the City no later
than December 31, 2025.
ACKNOWLEDGEMENT OF LODGING TAX FUNDING:
All advertising must include an acknowledgement that "The advertising is made possible, in
part, by a City of Auburn Lodging Tax Grant
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Exhibit A
Page 98 of 106
EXHIBIT B
2025 EXPLORE AUBURN TOURISM PLAN
[see attached]
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Exhibit B
Page 99 of 106
ExPLORE
C74t(10/ (Vett
R H ERRLBREAUBURN.CBM
2025 TOURISM PLAN
Tourism Key Objectives
• Covert Day Trip Visitors to Overnight Visitors
• Extend Visitor Stays to Drive Incremental Overnight Visitation and Revenue
• Increase Occupancy during off season
• Influence Long term development of the Destination and the Explore Auburn Brand
Key Components will be grounded on two principles:
#1. Communications and messaging will hinge around the City of Auburn's unique brand made
up by the city's diverse demographic, attractions, and geographic location. Brand point of view
will feature why Auburn is unique, valuable, and worth visiting. We will convey this through
taking an authentic approach that emotionally attracts travelers through current tourism trends.
#2. Maximize the impact of every dollar. Auburn is a smaller player, budget-wise, competing in a
highly competitive space. We, therefore, need to adopt an operating principle of: FEWER,
BIGGER, BETTER: We will ensure that we stretch our budget as much as possible by focusing
on what will have the biggest impact on our business goals.
• Primary Objective: Increase overnight bookings, the most efficient way to increase
revenue for all Explore Auburn constituents.
• Secondary Objective: Drive day visitors to convert to overnight.
ruk•ua
In order to meet our objectives, we need to shift priority of who we target, organizing around
targeting consumers that have highest propensity to stay overnight in Auburn. Based on our
analysis, through Explore Auburn digital analytics and WA State Tourism data we have
developed the following target prioritization for 2025:
Long Drive Market I Focusing on Idaho, Oregon, and parts of Montana
Fly Market I Focus on key direct fly routes consisting of Hawaii, California, Arizona, Utah, and
Colorado
International Market I British Columbia and parts of Asia
The Short Drive Market I Eastern Washington, along with other key cities that are outside 50
plus miles from Auburn
TRAVELER FOCU4
Almost every industry in every sector prioritizes consumer loyalty and customer lifetime value
over everything else. From a travel perspective, that means repeat visitation and travel
recommendation is a core priority to our long-term success. To do this we look at who the
current traveler is to our area and additionally to Washington state. Using city, state and country
and international travel data over the last year we are focusing on the following audience:
Page 100 of 106
Community Driven Tourist
Attract repeat visitors that want to feel like they are a part of the community and culture.
Business Event Organizations
Attract universities, research institutions and advanced/creative industries to better attract
high-value business events and conferences.
Recreational Tourist
Attract recreational and sporting groups and events that continue to drive return hotel nights
stays year after year.
The above traveler focuses are identified for the ability to impact hotel night stay more
frequently. However, there will be other tourism audiences impacted by our tactical plan. Which
will benefit the hotels in capturing additional hotel night stays.
TACTICAL PL AM
Objective 1: Increase awareness and consideration of Auburn, Washington as a
destination for recreational and business travel.
STRATEGIES:
• Develop a new, strategic ad campaign and targeted media plan to reach key
audiences effectively and efficiently.
• Produce collateral and compelling content that serve to differentiate Auburn and our
hotels apart from other nearby cities.
• Leverage paid media spend through grant recipient's ad buys to additionally brand
Explore Auburn as a destination.
• Create an email database that will provide local attraction and tourism information.
Segmented by tourism profile and interest.
• Ensure consistent positioning and messaging across all communication tactics —
including traditional and non-traditional advertising, publishing, social media and
public relations efforts.
SUCCESS METRICS:
• Advertising impressions.
• Unique website visitors and social media engagement/followers.
• Visitor Guide circulation
• Email database open and conversion rate.
Objective 2: Drive incremental overnight visitation and revenue
STRATEGIES:
• Develop tactical programs, tailored messaging and promotions during need periods
specifically focused on driving incremental overnight visitation.
• Evaluate and prioritize drive vs. fly target markets to focus media investments on
those markets that have a higher propensity for overnight stays.
• Explore partnerships and collaborate with select drive market destination marketing
• organizations on strategic programming/promotions to capitalize on visitors traveling
through the area.
• Explore development of new materials and messaging to reach primary target
audience.
• Work with hoteliers, restaurants, and area attractions to create unique multi-day
packages and discounts for hotel guests.
Page 101 of 106
• Explore nimble advertising solutions that allow for quick adjustments to creative and
messaging based on occupancy trends and transient occupancy tax collections.
• Provide marketing services and solutions that enhance the visitor experience and
thereby, encourage and solicit sharing with friends, family, and influencers.
• Partner with regional event venues and partners outside of Auburn to find ways to
capture additional hotel night stays from regional events.
SUCCESS METRICS:
• Benchmark and track activity, engagement and redemption of executed programs,
packages, and promotions.
• Benchmark and track increase patterns in occupancy tax collections through city
reporting.
• Track increased brand awareness and new partnerships on a regional level.
Objective 3: Utilize ExploreAuburn.com to convert the "Undecided Traveler" to choose
Auburn as their next travel destination.
STRATEGIES:
• Utilize tools within the new site to continually provide strong visuals and authentic
storytelling, inspiring travelers to select Auburn as their destination of choice.
• Highlight captivating, destination specific visuals so visitors get a true sense of the
destination.
• Develop unique and compelling content that differentiates Auburn from other nearby
cities.
• Create and leverage fresh itineraries on an ongoing basis as fuel for potential visitors
to imagine what a weekend or season stating in Auburn would look and feel like.
• Create in-language inspirational itineraries for top non-English speaking tourist that
can be located on our website.
• Create a robust SEO strategy to target and direct consumers to our website for those
looking to decide on a vacation destination.
SUCCESS METRICS:
• Increased traffic from international markets.
• User engagement- including traffic to, average time on, and scroll depth to bottom of
page on key pages and areas of the site.
• Ongoing monitoring and optimizing of site SEO & keywords for maximum
performance across search engines.
Objective 4: Utilize ExploreAuburn.com to extend visitor stays (day trippers and those
already planning to overnight in Auburn).
STRATEGIES:
• Increase the conversion of"Trip Extenders" in the area by showcasing that there is
simply too much to do to stay for less than 1-2 days.
• Focus content on itinerary building and niche categories to ensure Auburn appeals to
diverse demographics and interests.
• Ensure that all signature and noteworthy events are added to the Calendar of
Events.
SUCCESS METRICS:
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• Creation of 1 article per month focused on what's happening in our"Stay Golden
Auburn" Blog, to provide visitors inspiration to extend their stay.
• Minimum creation of 4 seasonal itineraries/ideas per year with the intent to show
visitors why they need to extend their stay in Auburn.
• Increased traffic in unique visitors and unique pageviews.
• Increased number of referrals to partner websites for additional trip planning,
community, and regional information.
• Event page click-throughs for more information.
Objective 5: Utilize social media platforms to extend visitor stay and convert day trippers
into overnight visitors.
STRATEGIES:
• Independent of the brand campaign, Explore Auburn social media channels will have
an increased focus on fly markets and large group events and conferences.
• Social channels will promote local favorites, events, meeting and convention spaces.
• Focus on an integrated approach that utilizes social media extensions dedicated to
help amplify new ad campaign messaging.
• Social media campaign extensions will incorporate fly market cities and segments
beyond geography to increase awareness.
• Explore partnerships with state and sports tourism organizations for expanded social
presence.
SUCCESS METRICS:
• Increased fan growth in Fly Markets.
• Increased fan growth in International Markets.
• Increased traffic from partnering sites.
• Additional success will be measured by number of impressions from social platforms
utilized within a campaign.
Objective 6: Drive occupancy during off season utilizing social media.
STRATEGIES:
• Create seasonally shifted content, advertising and promotional campaigns dedicated
to increasing visitation during key need periods.
• Create "value for experience" messaging that targets the price conscious consumer
that tends to travel during off peak seasons.
• Focus on local interest and events to attract drive market users to make a weekend
trip to Auburn.
• Leverage Facebook events platform to promote local happenings and encourage
attendance interest.
• Identify key social media influencers within drive markets to extend campaign reach
and amplify messaging.
SUCCESS METRICS:
• Creation of new content/platforms for real-time engagement to drive interest and
awareness to target markets during need periods.
• Partnerships with influencers in key markets engagement statics.
• Increased video views across all platforms.
• Newly created Explore Auburn Tik Toc account growth and engagement.
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• Additional success will be measured by number of impressions from social platforms
utilized within the campaign.
Objective 7: Grow group meeting, conventions, and sporting group opportunities for
Auburn hotels and event spaces.
STRATEGIES:
• Develop and execute targeted action plans in group verticals.
• Explore development of a group advertising campaign that targets Corporate,
Association Incentive &Third-Party meetings audiences.
• Create and employ prospecting tools to identify prospective list of targets.
• Incentivize groups to extend conference/meeting stays through tactical promotions
and actives.
• Market and grow Explore Auburn grants to new applicants.
SUCCESS METRICS:
• Creation of digital event space guide for Auburn.
• Creation and growth of group travel organizations and contact database.
• Creation of online inquiry for group travel, meeting, and events spaces to provide
Auburn locations event booking referrals.
• Increased grant application submissions.
Objective 8: Formalize a tourism relationship with the Muckleshoot Tribe. Growing a
partnership with them as their gaming and consumer amenities evolve as a regional
tourism asset to our community.
STRATEGIES:
• Be a point of contact for the Muckleshoot Tribe for tourism information and
resources.
• Explore the development of a group advertising campaign.
• Foster a relationship that will result in monthly or quarterly meetings and/or tourism
board involvement.
• Find ways to work together for the benefit of both organizations resulting in more
hotel night stays and sales revenue.
SUCCESS METRICS:
• Successful partnership and collaboration meetings.
• Creation and growth of comarketing.
• Providing website and social media metrics on all promotions of Muckleshoot
amenities amongst Explore Auburn assets.
• Leads produced and provided to Muckleshoot or leads from Muckleshoot to hotels
and other Auburn meeting spaces to provide customers options and opportunities in
Auburn.
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EXHIBIT C
COMPENSATION
The City shall pay to the Service Provider, as compensation for the services described above, a
total amount of not to exceed One Hundred Fifty Thousand Dollars payable upon receipt of
reimbursable receipts. Compensation will be completed through reimbursement for approved
services, and final payment may be held by the City until all reports are received. Requests for
reimbursement may be made on a monthly basis, but must be received by the City no later than
December 26,2025. Only those services rendered within the term of the contract and received by
December 26, 2025 are reimbursable.
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Exhibit C
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EXHIBIT D
PROJECT BUDGET
Project Budget (for non-capital projects). Do not include in-kind contributions.
Income: A diversified funding base is important to the success of any project. Please list all other sources
of funding for the project,both anticipated and confirmed and when that funding will be available to the
project. Include your own funding,sponsorships,other grants,etc.
Funding Source:
List all revenue sources anticipated for 2025. Amount Confirmed? Date Available
Do not include requested Lodging Tax Funds Yes/No
$NA
$NA
$NA
$NA
$NA
Expenses: Based on full funding,please list project costs.
Note:Certain expenses may not be reimbursable,at the sole discretion of the City of Auburn.
You will only be reimbursed at the authorized rates. Ins Trance is not an eligible cost
a. Lodging Tax Other Funds(Do not c. Total Project Cost
Funds Requested include"in-kind" **
dollars)
Personnel (salaries& $70,000 $NA $70,000
benefits)
Administration (rent,utilities, $20,000 $NA $20,000
postage,supplies,janitorial
services,etc.)
Marketing/Promotion $54,782 $Na $54,782
Direct Sales Activities $750.00 $NA $750
(including trade shows,sales
calls,and related travel)
Describe below
Minor Equipment $968.00 $NA $968
(computers,desks,etc.)
Travel $1500.00 $NA $1,500
Contract Services $2,000.00 $NA $2,000
Describe below
Other Describe below $0 $NA $0
TOTAL COST $150,000 $NA I $150,000
Description for Direct Sales See 2025 Explore Auburn Plan
Activities,Contract Services,
Travel and Others
In-Kind Contributions NA
*Amount in column a"Lodging Tax Funds Requested"must match "Amount of Lodging Tax Funding
Requested"under la of application.
**Amount in column c "Total Project Cost"must match "Total Project Cost"under la of application.
LTAC 2025 Tourism Grant
Auburn Area Chamber—Tourism&Marketing Agreement
Resolution 5810—Attachment A—Exhibit D
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