HomeMy WebLinkAbout11-17-2014 CITY COUNCIL AGENDA PACKETAlityrB
URN
WASHINGTON
City Council Meeting
November 17, 2014 - 7:30 PM
Auburn City Hall
AGENDA
Watch the meeting LIVE!
Watch the meeting video
M eeti ng vi dens are not avai I abl e unti 172
hours after the meeti ng has concl uded.
I. CALL TO ORDER
A. Flag Salute
B. Roll Call
C. Announcements, Appointments, and Presentations
1. Entrepreneurship Week Proclamation
Mayor Backus to proclaim November 17 -23, 2014 as "Entrepreneurship
Week" in the City of Auburn.
2. Shop Local Presentation by Auburn Downtown Association
D. Agenda Modifications
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 2015 -2016 Preliminary Biennial Budget (Wales /Coleman)
All persons interested are encouraged to participate in this public hearing
by making comments, proposals, and suggestions to the City Council and
Mayor to consider prior to adoption of the City of Auburn's 2015 -2016
Biennial Budget.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
1. November 10, 2104 Minutes* (Peloza)
B. Planning & Community Development
Page 1 of 176
1. November 10, 2014 Minutes* (Holman)
C. Public Works
1. November 3, 2014 Minutes* (Osborne)
D. Finance
1. November 3, 2014 Minutes* (Wales)
E. Les Gove Community Campus
1. The next regular meeting of the Les Gove Community Campus Commitee
is scheduled for November 26, 2014 (Wagner)
F. Council Operations Committee
1. The next regular meeting of the Council Operations Committee is
scheduled for November 24, 2014 (Wagner)
G. Junior City Council
1. The next regular meeting of the Junior City Council is scheduled for
November 17, 2014 (Wagner)
IV. 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. November 3, 2014 Regular Meeting Minutes*
B. Claims Vouchers (Wales /Coleman)
Claims voucher numbers 431138 through 431307 in the amount of
$1,976,866.07 and dated November 17, 2014.
C. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 535092 through 535125 in the amount of $890,419.15,
electronic deposit transmissions in the amount of $1,300,870.369 for a grand
total of $2,191,289.51 for the period covering October 30, 2014 to November 12,
2014.
D. Project CP0607 (Holman /Snyder)
City Council to accept construction of Project CP0607, Auburn Activity Center at
Les Gove, and approve Final Pay Estimate No. 18 in the amount of $17,991.31
E. Public Works Project No. CP1410* (Osborne /Snyder)
City Council to approve Final Pay Estimate No. 1 to Small Works Contract No.
14 -22 in the amount of $62,156.51 and accept construction of Project No.
CP1410, 2014 Arterial & Collector Crack Seal Project
F. Annual On -Call Agreements* (Osborne /Snyder)
City Council to approve the annual on -call Professional Service amendments for
2015
Page 2 of 176
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
V. UNFINISHED BUSINESS
There is no unfinished business.
VI. NEW BUSINESS
There is no new business.
VII. ORDINANCES
A. Ordinance No. 6538* (Wales /Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, establishing
the levy for regular property taxes by the City of Auburn for collection in 2015 for
general City operational purposes in the amount of $16,879,116.00
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance
No. 6538.)
B. Ordinance No. 6541* (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, relating to
Planning; adopting Comprehensive Plan Text Amendments pursuant to the
provisions of RCW Chapter 36.70
(RECOMMENDED ACTION: City Council introduce and adopt Ordinance
No. 6541.)
VIII. RESOLUTIONS
A. Resolution No. 5106* (Peloza /Tiedeman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute a 3 year agreement with GATSO USA, Inc. for photo
enforcement solutions
(RECOMMENDED ACTION: City Council adopt Resolution No. 5106.)
B. Resolution No. 5110* (Peloza /Heid)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to negotiate and execute interlocal agreements between the City of
Auburn and King County and the Cities of Bellevue, Federal Way, Issaquah,
Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle and Tukwila for the
establishment, implementation and operation of the Puget Sound Emergency
Radio Network System (PSERN)
(RECOMMENDED ACTION: City Council adopt Resolution No. 5110.)
IX. 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
Page 3 of 176
B. From the Mayor
X. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 4 of 176
PH.1
AuBuRN 1YY CAF �
\VASHENG`O
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
2015 -2016 Preliminary Biennial Budget November 6, 2014
Department: Attachments: Budget Impact:
Finance No Attachments Available $0
Administrative Recommendation:
City Council to conduct a public hearing to receive public comments, proposals and
suggestions on the 2015 -2016 Preliminary Biennial Budget.
Background Summary:
All persons interested are encouraged to participate in this public hearing by making
comments, proposals, and suggestions to the City Council and Mayor to consider prior
to adoption of the City of Auburn's 2015 -2016 Biennial Budget.
Reviewed by Council Committees:
Councilmember: Wales
Staff: Coleman
Meeting Date: November 17, 2014 Item Number: PH.1
AUBURN * MORE THAN YOU IMAGINED Page 5 of 176
MS.1
AuBuRN 1YY CAF �
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
November 10, 2104 Minutes November 12, 2014
Department: Attachments: Budget Impact:
Police Minutes - November 10, 2104 $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Peloza Staff:
Meeting Date: November 17, 2014 Item Number: MS.1
AUBURN * MORE THAN YOU IMAGINED Page 6 of 176
17Y or
i r
Hu . _
• . .. .
WASHINGTON
Municipal Services Committee
November 10, 2014 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference
Room 3 of City Hall, 25 West Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne
and Member Claude DaCorsi.
Staff present were: Mayor Nancy Backus; Chief of Police Bob Lee;
City Attorney Dan Heid; Finance Director Shelley Coleman;
Emergency Preparedness Manager Sarah Miller; and Police
Secretary Sue Van Slyke.
Others present: Robert Whale of the Auburn Reporter.
B. Announcements
There were no announcements.
C. Agenda Modifications
1. Resolution No. 5110 (Heid)
An agenda modification for Resolution No. 5110 was presented
by City Attorney Dan Heid. Resolution No. 5110 authorizes the
Mayor to negotiate and execute interlocal agreements between
the City of Auburn and King County and the cities of Bellevue,
Federal Way, Issaquah, Kent, Kirkland, Mercer Island,
Redmond, Renton, Seattle and Tukwila for the establishment,
implementation and operation of the Puget Sound Emergency
Radio Network System (PSERN).
Mr. Heid explained that the agreement is to establish a
replacement emergency radio system since the exiting system
is outdated. King County is planning to place a bond issue on
the ballot for April 2015. This agreement in discussion is not in
full and complete final form. Presented are the most current
collection of terms that have been developed. Exhibit A is for the
formation mechanism that will create the radio system and is for
all parties that currently have radio systems. Exhibit B will be the
Page 1 of 4
MS.1 Page 7 of 176
operation system which will be a separate non - profit. If the bond
issue is approved by the voters for the replacement radio
system, the end result is to become one network instead of
multiple networks which will place all user groups under one
common umbrella.
Mayor Backus stressed that the existing equipment must be
replaced due to the fact that the current vendor, Motorola, will
no longer support the equipment after 2017. The bond is
designated for equipment only. Mr. Heid stated that user fees
will provide the operational costs. All Cities will have a user
agreement. The City of Auburn's outlay will most likely be
included in the 2020/21 budget.
Vice Chair Osborne moved and Member DaCorsi seconded to
move Resolution No. 5096 to full council for consideration.
Motion carried unanimously. 3 -0
II. CONSENT AGENDA
A. Minutes - October 27, 2014 (Peloza)
Vice Chair Osborne moved and Member DaCorsi seconded to
approve the October 27, 2104 Municipal Services Committee
meeting minutes as written.
Motion carried unanimously. 3 -0
111. ACTION
A. Resolution No. 5096 (Miller)
Emergency Preparedness Manager Sarah Miller presented
Resolution No. 5096 to the Committee. Resolution No. 5096 will
authorize the adoption of the 2014 King County Regional Hazard
Mitigation Plan including the City of Auburn Plan Annex.
Ms. Miller stated that the City of Auburn was a signatory to the King
County Regional Hazard Mitigation Plan in the past but conducted a
"stand alone" mitigation plan in 2014. If this plan is adopted, it would
put the City of Auburn on the same cycle as the county so the city
would always be part of the King County plan. Having a Hazard
Mitigation plan makes the City eligible for Hazardous Mitigation
grants, two of which are in process; Public Works and IT. Ms. Miller
informed the Committee that the City of Auburn cannot make any
changes to this document except to the City of Auburn Annex.
Committee discussion was held. Vice Chair Osborne inquired as to
the Critical Facilities list on page 85 and about any federal facilities
Page 2 of 4
MS.1 Page 8 of 176
within the city of Auburn. Ms. Miller explained that the facilities are
specified by the Federal government as to what is designated as a
critical facility. Vice Chair Osborne suggested that the FAA facility
located in Auburn should be on the list.
Chair Peloza inquired as to why the City of Auburn is not a member
of the Cities Climate change partnership as listed on page 108. Ms.
Miller stated that she does not believe we are part of that specific
partnership and the document implies that it is an Eastside
collaboration, with the exception of Tukwila.
Vice Chair Osborne considered the 500 Year Flood Plan shown on
page 199 and asked how these critical facilities were determined,
especially for schools. Vice Chair Osborne stipulated that Cascade
Middle School would be affected.
Ms. Miller will check into these issues and report back to the
Committee.
Vice Chair Osborne moved and Member DaCorsi seconded to move
Resolution No. 5096 to full council for consideration.
Motion carried unanimously. 3 -0
IV. DISCUSSION ITEMS
A. Pet Licensing Program /AVHS Board Review (Coleman)
Finance Director Shelley Coleman discussed the Pet Licensing
Program and the AVHS Board Review with the Committee. Director
Coleman stated that the program has improved over time and is
bringing in more revenue. Director Coleman stated that her
department is looking at the most cost effective ways to insure that
more pet owners are compliant. Chair Peloza suggested outreach to
the various service clubs in the city by presenting a program on the
need to license your pet.
B. SCORE Jail Stats (Coleman)
Finance Director Shelley Coleman reviewed the SCORE Jail
Statistics with the Committee. Vice Chair Osborn commented that
the exceptional program is going in the right direction. It is also
resulting in increasing dividends.
C. Solid Waste Rate Review (Coleman)
Finance Director Shelley Coleman presented the Solid Waste Rate
Review to the Committee. Chair Peloza commented that commercial
businesses are still subsidizing this program which helps place
money in the reserves. Director Coleman stated that residential is
Page 3 of 4
MS.1 Page 9 of 176
paying for itself now where as in the past, commercial was
subsidizing at a higher rate. The goal to not incur a rate increase for
solid waste in 2015 has been accomplished.
D. Project Matrix (Peloza)
Changes to the Project Matrix include:
10P: Review date TBD, Status to state - The GATSO proposal was
reviewed by the Municipal Services Committee on 10/27/14.
Currently at City Council for action.
12P: Review Date TBD
28P: Review Date June 2015. Status to state - Review for
residential /commercial rates and cash flow stability.
29P: Status to include - City and restaurant in negotiations.
61: Review Date TBD
V. ADJOURNMENT
MS.1
There being no further business to come before the Committee, the
meeting was adjourned at 5:05 p.m.
APPROVED this
day of , 2014.
Bill Peloza, Chair Sue Van Slyke, Police Secretary
Page 4 of 4
Page 10 of 176
AuBuRN 1YY CAF �
\VASH E NGTo
Agenda Subject:
November 10, 2014 Minutes
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
11 -10 -2014 minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Holman
Meeting Date: November 17, 2014
Date:
November 12, 2014
Budget Impact:
$0
Staff:
Item Number: PCD.1
PCD.1 AUBURN * MORE THAN YOU IMAGINED
Page 11 of 176
WASH ! N GTO Ni
Planning and Community
Development
November 10, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Vice -Chair Wales called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the 2nd floor of One Main Professional
Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Vice -Chair Largo Wales and Member Yolanda Trout were present,
Chair John Holman arrived after II. A. Consent Agenda. Also
present were Assistant Director of Community Development
Services Jeff Tate; Assistant Director Engineer /City Engineer Ingrid
Gaub; Utility Engineering Manager Lisa Tobin; Water Utility Manager
Susan Fenhaus; Planning Services Manager Jeff Dixon; and
Community Development Secretary Tina Kriss.
Members of the audience present: Laura Westergard, Executive
Director of the Auburn Downtown Association.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - October 13, 2014 (Tate)
Member Trout moved and Vice -Chair Wales seconded to approve
the October 13, 2014 Planning and Community Development
Committee minutes as written.
Motion carried unanimously. 2 -0
111. ACTION
A. Activity Center CP1015 (Tate)
Assistant Director Tate provided a brief history and overview of the
Auburn Activity Center project, CP0607, and staff's recommendation
Page 1 of 43
PCD.1 Page 12 of 176
to release retainage and to accept construction of the building. Staff
is asking for approval of the Final Pay Estimate No. 18 in the
amount of $17,991.30. There will be no budget impact. The
Committee and staff discussed the project and LEED Certification.
Member Trout moved and Vice -Chair Wales seconded to accept
construction of the Auburn Activity Center, Project CP0607, and
approve Final Pay Estimate No. 18.
Motion approved. 2 -0
IV. DISCUSSION ITEMS
A. Water System Comprehensive Plan Review (Fenhaus)
Water Utility Engineer Susan Fenhaus and Utility Engineering
Manager Lisa Tobin reviewed Chapters 2 -6 of the draft Water
System Comprehensive Plan with the Committee. In addition; an
overview of the review schedule was also provided. The Committee
and staff discussed the service needs and capacities of the City.
The Committee and staff discussed the water pressure and fees for
different locations. Staff pointed out that the water service in some
areas of the Lakeland /Pierce County area are provided by Bonney
Lake Water and that there can be additional charges for that
service.
B. 2014 Comprehensive Plan Amendments (Dixon)
Planning Services Manager Jeff Dixon reviewed the City of Auburn
2014 Comprehensive Plan Amendments, CPA14 -0001. Staff
explained that Policy /Text amendments P/T #1 through #5 were
brought before the Planning Commission for public hearing on
November 5, 2014. The Planning Commission forwarded a
recommendation for approval of CPA14 -0001, P/T #1 through P/T
#5 to City Council on all comprehensive plan amendments. Chair
Holman arrived and began facilitating the meeting. Staff discussed
the Planning Commission recommendations with the Committee
through a review of the summary matrix. .
Staff also noted that the Planning Commission action considered six
(6) revised pages of the City's Capital Facilities Plan (CFP). Staff
also noted a letter from the Federal Way School District in support
of the approval of the Federal Way School District's Capital Facilities
Plan and its inclusion into the City of Auburn's Comprehensive Plan.
After discussion, the Committee determined that they would take
action on CPA14 -0001, P/T #1 through P/T #5.
Vice -Chair Wales moved and Member Trout seconded to
PCD.1
Page 2 of 4
Page 13 of 176
recommend City Council approval of the 2014 Comprehensive Plan
Amendments P/T #1 through P/T #5, ZOA14 -0001, and inclusion
into the City of Auburn's Comprehensive Plan.
Motion unanimously approved. 3 -0
C. Director's Report (Tate)
Assistant Director Tate distributed a 2013 and 2014 Permit Activity
Summary Report from January 1, through September 30th showing
a comparison of commercial, single - family residential, and other
types of permits issued and the valuations, and fees charged.
A map was also distributed showing the location of Active
Subdivisions in 2014 within the City.
Although the City issued less building permits in 2014 (by 68) the
commercial construction value increased to $11,729,136.83. Staff
pointed out number of web based permits and increase of those the
City processed in 2014.
Staff also reviewed the General Approach for the City's major
Comprehensive Plan Update, Chapter 1, the Vision and Approach
and related the themes from the City's Visioning effort and proposed
for use in the major Comprehensive Plan Update to the subject
areas of the Committee's subject tracking matrix.
D. PCDC Status Matrix (Tate)
There were no changes or additions by the Committee.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 7:16
p. m.
Approved this day of
, 2014.
John Holman, Chair
Tina Kriss, Secretary
PCD.1
Page 3 of 4
Page 14 of 176
AuBuRN ITY CAF �
\VASH E NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject:
November 3, 2014 Minutes
Department:
Public Works
Attachments:
Draft M inutes
Administrative Recommendation:
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne
Meeting Date: November 17, 2014
Date:
November 6, 2014
Budget Impact:
$0
Staff:
Item Number: PW.1
PW.1 AUBURN * MORE THAN YOU IMAGINED
Page 15 of 176
WASH € NGTONJ
Public Works Committee
November 3, 2014 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chairman Wayne Osborne called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall,
One East Main Street, Auburn, Washington.
A. Roll Call
Chairman Wayne Osborne, Vice -Chair Bill Peloza, and Member
Claude DaCorsi were present. Also present during the meeting
were: Mayor Nancy Backus, Community Development & Public
Works Director Kevin Snyder, Assistant Director of Engineering /City
Engineer Ingrid Gaub, Assistant Director of Public Works Operations
Randy Bailey, Assistant City Engineer Jacob Sweeting, Utility
Engineering Manager Lisa Tobin, Finance Director Shelley
Coleman, Water Utility Engineer Susan Fenhaus, Transportation
Manager Pablo Para, Engineering Aide Amber Price, Project
Engineer Seth Wickstrom, Capital Projects Manager Ryan Vondrak,
Traffic Engineer James Webb, Street Systems Engineer Jai Carter,
Water Resources Technician Carlene Teterud, Sewer Utility
Engineer Bob Elwell and Public Works Secretary Molly Mendez.
Members of the public in attendance included: Jennifer Wynkoop
and Jim Bet.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no modifications to the agenda.
II. CONSENT AGENDA
A. Approval of Minutes
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve the Public Works Committee Meeting
minutes for date, October 20, 2014.
Motion carried 3 -0.
PW.1
Page 1 of 6
Page 16 of 176
III. ACTION
PW.1
A. Right -of -Way Use Permit No. 09 -45 (Price)
Approve Right -of -Way Use Permit No. 09 -45 for The Boeing
Company
Engineering Aide Price explained Right -of -Way Use Permit No. 09-
45 is a renewal for The Boeing Company for 21 existing monitoring
wells at various locations in City right -of -way. In addition, they have
also requested to install four additional monitoring wells in the City
right -of -way. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve Right -of -Way Use Permit No. 09 -45 for
The Boeing Company.
Motion carried 3 -0.
B. Public Works Project No. C512A (Wickstrom)
Reject all bids to Contract No. 13 -12 for Project No. C512A, Well 4
Emergency Power Improvements and grant permission to re-
advertise for bids
Project Engineer Wickstrom stated this was for the bid opening for
Project No. C512A, Well 4 Emergency Power Improvements. After
reviewing the bids, City staff has determined that none of the
bidders satisfied the requirements and, therefore, all bids were
considered non - responsive. Staff recommends the project be re-
advertised in early November 2014 with revisions to the contract
documents to address issues identified in the bidding process.
There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee reject all bids to Contract No. 13 -12 for Project
No. C512A, Well 4 Emergency Power Improvements and grant
permission to re- advertise for bids.
Motion carried 3 -0.
C. Public Works Project No. CP1409 (Wickstrom)
Award Small Works Contract No. 14 -20, to Scotty's General
Construction, Inc. on their low bid of $86,590.00 for Project No.
CP1409, Oravetz PI SE Flooding Mitigation
Project Engineer Wickstrom provided a brief background summary
of the project.
In response to a question asked by Vice -Chair Peloza, Project
Engineer Wickstrom explained that the contractor will work closely
Page 2 of 6
Page 17 of 176
PW.1
with the Auburn Valley Humane Society to reduce the parking
impact during construction.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee award Small Works Contract No. 14 -20, to
Scottys General Construction, Inc. on their low bid of $86,590.00 for
Project No. CP1409, Oravetz PI SE Flooding Mitigation.
Motion carried 3 -0.
D. Public Works Project No. CP0915 (Vondrak)
Grant permission to advertise for bids for Project No. CP0915 Well 1
On -site Improvements
Capital Projects Manager Vondrak provided a brief background
summary of the project and advised that staff is seeking permission
to advertise for bids. Vondrak noted the words "and third variable
frequency drive pump" should be removed from the background
summary portion on the Agenda Bill.
Assistant Director of Engineering /City Engineer Gaub responded to
a question asked by Vice -Chair Peloza regarding the length of time
Well 1 has been inoperable.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee grant permission to advertise for bids for Project
No. CP0915, Well 1 On -site Improvements.
Motion carried 3 -0.
E. Transportation Design Standard Update (Para)
Approve proposed revisions to Transportation Design Standards
Section 10.01.5
Transportation Manager Para explained that the proposed revisions
to the Transportation Design Standards Section 10.01.5 will make
minor changes to maintain consistency with the proposed revisions
under Title 17. There were no questions from the Committee.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee approve proposed revisions to Transportation
Design Standards Section 10.01.5.
Motion carried 3 -0.
F. Resolution No. 5109 (Sweeting)
A Resolution of the City Council of the City of Auburn, Washington,
confirming the determination of emergency for damage to 8th Street
NE between Harvey Road and Henry Road caused by a vehicle-
Page 3 of 6
Page 18 of 176
hydrant collision on October 22, 2014 and ratifying and confirming
prior acts
Assistant City Engineer Sweeting informed the Committee that on
October 22, 2014, a vehicle struck a fire hydrant on 8th Street NE.
The collision caused a fire hydrant and water line break that resulted
in damage to the roadway, landscaping, and sidewalk. Resolution
No. 5109 declares and confirms a determination of emergency that
allows the Mayor to negotiate and enter into contracts with qualified
contractors to repair the damage because there is not sufficient time
to enable the City to go through the normal purchasing and
contracting process.
Assistant Director of Engineering /City Engineer Gaub responded to
a question asked by Vice -Chair Peloza regarding the estimated cost.
Assistant Director of Engineering /City Engineer Gaub confirmed the
driver has insurance following a question asked by Vice -Chair
Peloza.
It was moved by Vice -Chair Peloza, seconded by Member DaCorsi,
that the Committee adopt Resolution No. 5109.
Motion carried 3 -0.
IV. DISCUSSION ITEMS
PW.1
A. Ordinance No. 6538 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
establishing the levy for regular property taxes by the City of Auburn
for collection in 2015 for general City operational purposes in the
amount of $16,879,116.00
Finance Director Coleman provided a brief background summary of
Ordinance No. 6538.
In response to a question asked by Vice -Chair Peloza, Finance
Director Coleman confirmed the new staff positions are included in
the budget.
Finance Director Coleman explained the procedure for protesting
property tax in response to a question asked by Member DaCorsi.
Finance Director Coleman noted that there will be an agenda
modification for the City Council meeting which will request
permission to bid for the Airport Hanger Row Improvement Project.
B. Fats, Oils, and Grease (FOG) Reduction Program (Elwell)
Page 4 of 6
Page 19 of 176
PW.1
Sewer Utility Engineer Elwell introduced Water Resources
Technician Teterud to the Committee. Elwell noted that Teterud
manages the Fats, Oils, and Grease (FOG) Reduction Program.
Using a slideshow presentation, Sewer Utility Engineer Elwell
briefed the Committee on the Fats, Oils, and Grease (FOG)
Reduction Program.
There was a group discussion regarding restaurants on MIT land
following a question asked by Vice -Chair Peloza.
Water Resources Technician Teterud briefly explained the FOG
inspection process.
Sewer Utility Engineer Elwell responded to a question asked by
Member DaCorsi regarding the overall City condition pertaining to
the FOG program.
There was a group discussion regarding public outreach for the
disposal of pharmaceutical drugs.
C. 2015 Transportation Impact Fees (Webb)
Transportation Manager Para provided a brief overview of the Draft
2014 Transportation Impact Fee Update.
There was a group discussion regarding the Auburn Way South
Bypass following a question asked by Chairman Osborne.
Chairman Osborne requested to have hard copies of the
Transportation Improvement Program printed for each
Councilmember. Staff will provide as requested.
D. Street Selection for 2015 Pavement Patching and Overlay Project
(Carter)
Street Systems Engineer Carter provided a brief summary of the
Street Selection for 2015 Pavement Patching and Overlay Project.
There was a group discussion using the maps provided in the
packet.
E. Capital Project Status Report (Sweeting)
Item 7 — CP1208 — Sewer Pump Station Improvements (Repair &
Replacement Program):
Assistant City Engineer Sweeting confirmed the finish date will likely
be delayed due to certain materials that were ordered in response to
a question asked by Chairman Osborne.
Page 5 of 6
Page 20 of 176
Item 30 — CP1323 — 2017 Local Street Reconstruction Project:
Responding to a question asked by Member DaCorsi, Assistant City
Engineer Sweeting stated staff will know more in the next couple of
weeks regarding the finish date and will update the Committee at the
next meeting.
F. Significant Infrastructure Projects by Others - Public Works Status
Report (Gaub)
There were no questions from the Committee.
G. Action Tracking Matrix (Gaub)
Vice -Chair Peloza commented that the signage indicating rough
road ahead on 105th Place SE at 107th is helpful.
V. ADJOURNMENT
PW.1
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 4:30 p.m.
Approved this 17th day of November, 2014.
Wayne Osborne Molly Mendez
Chairman Public Works Department Secretary
Page 6 of 6
Page 21 of 176
AuBuRN 1YY CAF �
\VASH E NGTo
Agenda Subject:
November 3, 2014 Minutes
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
11-3 -2014 minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Wales
Meeting Date: November 17, 2014
Date:
November 10, 2014
Budget Impact:
$0
Staff:
Item Number: FN.1
FN.1 AUBURN * MORE THAN YOU IMAGINED
Page 22 of 176
AuBurw YYCIF
WASHINGTON
Finance Committee
November 3, 2014 - 5:00 PM
Annex Conference Room 1
MINUTES
I. CALL TO ORDER
Vice Chair John Holman called the meeting to order at 5:00 p.m. in Annex
Conference Room 1 located on the second floor of the City Hall Annex at 1
East Main Street in Auburn.
A. Roll Call
Vice Chair Holman and Member Yolanda Trout were present. Chair
Largo Wales was excused.
Officials and staff members present included: Mayor Nancy Backus, City
Attorney Daniel B. Heid, Finance Director Shelley Coleman, Director of
Community Development and Public Works Kevin Snyder, and City Clerk
Danielle Daskam.
B. Announcements
There was no announcement.
C. Agenda Modifications
A request to advertise for bids for the Auburn Municipal Airport T- Hangar
Enclosure project was added to the Consent Agenda.
II. CONSENT AGENDA
A. October 20, 2014 Minutes
Member Trout moved and Vice Chair Holman seconded to approve the
October 20, 2014 minutes.
MOTION CARRIED UNANIMOUSLY. 2 -0
B. Claims Vouchers (Coleman)
Claims voucher numbers 430974 through 431137 in the amount of
$1,534,685.34 and four wire transfers in the amount of $58,965.29 and
dated November 3, 2014.
Committee members reviewed the claims vouchers.
Member Trout moved and Vice Chair Holman seconded to approve the
claims vouchers as presented.
MOTION CARRIED UNANIMOUSLY. 2 -0
FN.1
Page 1 of 3
Page 23 of 176
C. Payroll Vouchers (Coleman)
Payroll check numbers 535056 through 535090 in the amount of
$271,614.07 and electronic deposit transmissions in the amount of
$1,287,962.99 for a grand total of $1,559,577.06 for the period covering
October 16, 2014 to October 29, 2014.
Member Trout moved and Vice Chair Holman seconded to approve
the payroll vouchers as presented.
MOTION CARRIED UNANIMOUSLY. 2 -0
D. Auburn Municipal Airport T- Hangar Enclosure Project
City Council grant permission to advertise the Auburn Municipal Airport
T- Hangar Enclosure Project.
Finance Director Coleman presented the request to advertise for bids for
the Auburn Municipal Airport T- Hangar Enclosure Project.
Member Trout moved and Vice Chair Holman seconded to approve and
forward the request to advertise for bids for the Auburn Municipal Airport
T- Hangar Enclosure Project.
MOTION CARRIED UNANIMOUSLY. 2 -0
III. DISCUSSION ITEMS
A. Ordinance No. 6538 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
establishing the levy for regular property taxes by the City of Auburn for
collection in 2015 for general City operational purposes in the amount of
$16,879,116.00
Finance Director Coleman presented Ordinance No. 6538 for Committee
review. Ordinance No. 6538 establishes the property tax levy for the
calendar year 2015. The estimated total 2015 property tax levy is
$16,879,116.00. Director Coleman advised the levy amount is based on
the most current information from the counties. The ordinance will be
presented to the full Council for consideration on November 17, 2014.
B. Auburn School District Impact Fees (Coleman)
Finance Director Coleman explained the City of Auburn collects Auburn
School District impact fees pursuant to an interlocal agreement between
the City and the District. In accordance with the interlocal agreement,
the District is required to submit an annual report on how the impact fees
are utilized. The report is provided for information purposes only.
IV. ADJOURNMENT
There being no further business to come before the Committee, the meeting
adjourned at 5:08 p.m.
APPROVED this 17th day of November, 2014.
FN.1
Page 2 of 3
Page 24 of 176
FN.1
LARGO WALES, CHAIR Danielle Daskam, City Clerk
Page 3 of 3
Page 25 of 176
AuBuRN 1YY CAF �
\VASH E NGTo
Agenda Subject:
November 3, 2014 Regular Meeting Minutes
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
11-3 -2014 M inutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: November 17, 2014
Date:
November 10, 2014
Budget Impact:
$0
Staff:
Item Number: CA.A
CA.A AUBURN * MORE THAN YOU IMAGINED Page 26 of 176
AU....BURN ry or •
WASHING [O.
City Council Meeting
November 3, 2014 - 7:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
CA.A
A. Flag Salute
Mayor Backus called the meeting to order at 7:30 p.m. and led those in
attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Rich Wagner, Bill
Peloza, Wayne Osborne, John Holman, Claude DaCorsi, and Yolanda
Trout. Councilmember Largo Wales was excused.
Department Directors and staff members present included: Parks, Arts
and Recreation Director Daryl Faber, City Attorney Daniel B. Heid,
Community Development and Public Works Director Kevin Snyder,
Police Commander Mark Caillier, Director of Administration Michael
Hursh, and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
1. Award Presentation to Chaplain Alicia Tomlan
Mayor Backus recognized the volunteer efforts of Chaplain Alicia
Tomlan, who served the Auburn community, first responders,
Auburn Police, and Valley Regional Fire Authority fire fighters for
the past four and one -half years. Mayor Backus presented
Chaplain Tomlan with the "More Than You Imagined" award in
honor of her dedicated chaplaincy service to the Auburn
community.
Chaplain Jay Coon joined Mayor Backus in thanking
Chaplain Tomlan for her service and expressed appreciation for
her care to the families and neighbors in the aftermath of a crisis.
Chaplain Tomlan thanked the City of Auburn and the Valley
Regional Fire Authority for the opportunity to serve as chaplain.
2. Boards and Commissions Appointments
City Council to confirm the reappointment of Mary Riel
and Angelina Zalutskiy to the Auburn Junior City Council for two -
year terms expiring August 31, 2015.
Page 1 of 8
Page 27 of 176
Deputy Mayor Wagner moved and Councilmember Peloza
seconded to confirm the reappointment of Mary Riel and Angelina
Zalutskiy to the Junior City Council.
MOTION CARRIED UNANIMOUSLY. 6 -0
3. Boards and Commissions Appointments
City Council to confirm the appointment of Brandon Berend to the
Auburn Junior City Council for a two -year term to expire August 31,
2015.
Deputy Mayor Wagner moved and Councilmember Peloza
seconded to confirm the appointment of Brandon Berend to the
Junior City Council.
Brandon Berend was in attendance.
MOTION CARRIED UNANIMOUSLY. 6 -0
D. Agenda Modifications
A request to advertise for bids for the Auburn Municipal Airport
T- Hangar Enclosure Project was added to the Consent Agenda.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to
the City Council on any issue. Those wishing to speak are reminded to
sign in on the form provided.
Marcus Suber, 24xx Redwood Court SE, Auburn
Mr. Suber expressed concern with the number of vehicle accidents that
have occurred on Auburn Way South near his residence.
Virginia Haugen, 25xx R Street SE, Auburn
Ms. Haugen thanked Mayor Backus and City Council for their efforts to
keep the Public Health Clinic in Auburn open. Ms. Haugen also spoke
regarding standing water at Game Farm Park and spoke against
eliminating Council committees.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
CA.A
Page 2 of 8
Page 28 of 176
Chair Peloza reported the Municipal Services Committee met October
27, 2014. The Committee reviewed Resolution No. 5106 related to a
contract with GATSO for photo enforcement. The next regular meeting
of the Municipal Services Committee is scheduled for November 10,
2014.
B. Planning & Community Development
Chair Holman reported the Planning and Community Development
Committee has not met since the last Council meeting. The next
regular meeting of the Planning and Community Development
Committee is scheduled for November 10, 2014.
C. Public Works
Chair Osborne reported the Public Works Committee met this
afternoon. The Committee approved a right -of -way use permit for
The Boeing Company, rejected bids for Project C512A, the Well 4
Emergency Power Improvements, recommended award of small works
contract for Project CP1409, Oravetz Place SE Flooding Mitigation, to
Scotty's General Construction, recommended granting permission to
advertise for bids for Project CP0915, Well 1 On -site Improvements,
approved a design standard update, and reviewed Resolution
No. 5109 for emergency repairs to 8th Street NE. The Committee
discussed Ordinance No. 6538 relating to the property tax levy for
2015, the fats, oils and grease (FOG) reduction program, transportation
impact fees, capital projects, and street selections for 2015 pavement
patching and overlay. The next regular meeting of the Public Works
Committee is scheduled for November 17, 2014.
D. Finance
Member Trout reported the Finance Committee met this evening at
5:00. The Committee approved claims vouchers in the amount
of $1,534.685.34 and four wire transfers and payroll vouchers in the
amount of $1,559,577.06. The Committee discussed Ordinance No.
6538 related to the property tax levy for collection in 2015 and Auburn
School District impact fees. The next regular meeting of the Finance
Committee is scheduled for November 17, 2014.
E. Les Gove Community Campus
The next regular meeting of the Les Gove Community Campus
Committee is scheduled for November 26, 2014.
F. Council Operations Committee
Deputy Mayor Wagner reported the Council Operations Committee
met October 27, 2014. There are several items related to the Council
study session format on the Council agenda this evening that are
being brought forward by the Committee. Additionally, the Committee
recommended approval of Ordinance No. 6519 relating to a code of
ethics, and Ordinance No. 6536 relating to the surplus of personal
Page 3 of 8
CA.A Page 29 of 176
property of the City. The next regular meeting of the Council
Operations Committee is scheduled for November 17, 2014.
G. Junior City Council
Deputy Mayor Wagner reported the next regular meeting of the Junior
City Council is scheduled for November 17, 2014.
IV. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council
to be routine and will be enacted by one motion in the form listed.
A. Minutes of the October 20, 2014 Regular Meeting
B. Minutes of the October 13, 2014 Special City Council Meeting
C.
Minutes of the October 20, 2014 Special City Council Meeting
D. Claims Vouchers (Wales /Coleman)
Claims voucher numbers 430974 through 431137 in the amount of
$1,534,685.34 and four wire transfers in the amount of $58,965.29 and
dated November 3, 2014.
E. Payroll Vouchers (Wales /Coleman)
Payroll check numbers 535056 through 535090 in the amount of
$271,614.07 and electronic deposit transmissions in the amount of
$1,287,962.99 for a grand total of $1,559,577.06 for the period covering
October 16, 2014 to October 29, 2014.
F. Public Works Project No. CP0915 (Osborne /Snyder)
City Council grant permission to advertise for bids for Project No.
CP0915 Well 1 On -site Improvements
G. Public Works Project No. C512A (Osborne /Snyder)
City Council reject all bids to Contract No. 13 -12 for Project No. C512A,
Well 4 Emergency Power Improvements and grant permission to re-
advertise for bids
H. Public Works Project No. CP1409 (Osborne /Snyder)
City Council award Small Works Contract No. 14 -20, to Scotty's
General Construction, Inc. on their low bid of $86,590.00 for Project No.
CP1409, Oravetz PI SE Flooding Mitigation
1 Auburn Municipal Airport T- Hangar Enclosure
Council grant permission to advertise for Auburn Municipal Airport
T- Hangar Enclosure Project.
Deputy Mayor Wagner moved and Councilmember Peloza seconded to
approve the Consent Agenda as modified.
MOTION CARRIED UNANIMOUSLY. 6 -0
V. UNFINISHED BUSINESS
Page 4 of 8
CA.A Page 30 of 176
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6519 (Wagner /Heid)
An Ordinance of the City Council the City of Auburn, Washington,
creating a new Chapter 2.92 of the Auburn City Code, providing for a
Code of Ethics
Deputy Mayor Wagner moved and Councilmember Peloza seconded to
introduce and adopt Ordinance No. 6519.
MOTION CARRIED UNANIMOUSLY. 6 -0
B. Ordinance No. 6532 (Wagner /Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280,
3.10.028, 5.20.050, 5.20.070, 8.24.040, 10.41.010, 10.64.020,
10.64.090, 10.64.120, 12.04.010, 12.04.050, 12.32.020, 12.60.040,
12.60.050, 12.60.070, 14.18.030, 14.18.050, 14.18.060, 14.22.040,
14.22.080, 14.22.090, 16.08.020, 17.02.090, 18.08.090, 18.29.070,
18.68.020, 18.76.080, 20.04.030, 20.06.030, and 20.08.030 of the City
Code, amending Chapter 2.06 of the City Code and repealing Section
12.20.050 of the City Code relating to the change of format of the City
Council from Council Committees to Study Sessions
Deputy Mayor Wagner moved and Councilmember Peloza seconded to
introduce and adopt Ordinance No. 6532.
Deputy Mayor Wagner recalled the concept of moving from Council
Committees to a Council Study Session format was first discussed at
the Council retreat earlier this year. The Study Session format will
provide more consistency and transparency of Council action and
provide more efficiency for staff.
Councilmember Osborne spoke in support of Ordinance No. 6532.
Councilmember Peloza spoke in favor of Ordinance No. 6532 citing
better transparency and efficiency.
Councilmember DaCorsi spoke in favor of Ordinance No. 6532.
Councilmember DaCorsi noted the new format will allow all seven
councilmembers to work together as a legislative body.
MOTION CARRIED UNANIMOUSLY. 6 -0
C. Ordinance No. 6536 (Wagner /Heid)
CA.A
Page 5 of 8
Page 31 of 176
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 2.03.030 of the Auburn City Code relating to the
surplusing of personal property of the City
Deputy Mayor Wagner moved and Councilmember Peloza seconded to
introduce and adopt Ordinance No. 6536.
Ordinance No. 6536 relates to the process for surplusing items.
MOTION CARRIED UNANIMOUSLY. 6 -0
D. Ordinance No. 6537 (Holman /Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 17.09.010 of the Auburn City Code related to short
plat thresholds
Councilmember Holman moved and Councilmember Trout seconded to
adopt Ordinance No. 6537.
Ordinance No. 6537 amends City Code to increase the number of lots
in a short subdivision from four to nine. The change is in line with state
law.
MOTION CARRIED UNANIMOUSLY. 6 -0
VIII. RESOLUTIONS
CA.A
A. Resolution No. 5105 (Wagner /Heid)
A Resolution of the City Council of the City of Auburn, Washington,
amending the City Council Rules of Procedure as adopted by
Ordinance No. 5802 and amended by Resolution Nos. 4282, 4429,
4467, 4615, 4686, 4740, 4813 and 4909
Deputy Mayor Wagner moved and Councilmember Peloza seconded to
adopt Resolution No. 5105 with a modification to Section 2.2 of the
rules of procedure so that the meeting dates are consistent with those
outlined in Section 2.3.
Resolution No. 5105 includes updates to the Council rules to reflect the
Council Study Session format and other housekeeping changes.
MOTION CARRIED UNANIMOUSLY. 6 -0
B. Resolution No. 5109 (Osborne /Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
declaring and confirming the determination of emergency for damage to
8th Street NE between Harvey Road and Henry Road caused by a
vehicle- hydrant collision on October 22, 2014 and ratifying and
confirming prior acts
Councilmember Osborne moved and Councilmember Peloza seconded
to adopt Resolution No. 5109.
Page 6 of 8
Page 32 of 176
MOTION CARRIED UNANIMOUSLY. 6 -0
IX. 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
Deputy Mayor Wagner reported on his attendance at the Cities and
Schools Forum where discussion included emergency management
coordination.
Councilmember Peloza reported on his attendance at the South
County Area Transportation Board meeting, where Senator Fain and
State Representative Sullivan discussed transportation funding; the
King County Regional Policy Committee meeting; the Senior Center
volunteer luncheon, the Cities and Schools Forum, and the Sound
Cities Association networking dinner.
Councilmember Trout reported on her attendance at the Tacoma
YWCA Domestic Violence Prevention Awareness event and a domestic
violence conference at Joint Base Lewis McChord.
B. From the Mayor
Mayor Backus reported on her attendance at the King County budget
hearing where she testified regarding the need to retain the
Public Health Clinic in Auburn. Mayor Backus thanked
Councilmembers who attended in support. Mayor Backus also
reported on her attendance at the Senior Center volunteer awards
banquet, a walk and talk tour of the Reddington Levee on the Green
River with Governor Inslee, a meeting with next year's Sound Cities
Executive Board Chair, a meeting with King County Councilmember
Joe McDermott regarding funding for the Public Health Clinic in Auburn,
and the Sound Cities Association meeting where discussion included
funding for regional transportation improvements.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned 8:28 p.m.
APPROVED this 17th day of November, 2014.
CA.A
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 7 of 8
Page 33 of 176
CA.A
Page 8 of 8
Page 34 of 176
CA.B
AuBuRN ITY CAF �
\VASHENG`Or,
Agenda Subject:
Claims Vouchers
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
No Attachments Available
Administrative Recommendation:
Date:
November 10, 2014
Budget Impact:
$0
Approve Claims Vouchers.
Background Summary:
Claims voucher numbers 431138 through 431307 in the amount of $1,976,866.07 and
dated November 17, 2014.
Reviewed by Council Committees:
Councilmember: Wales
Staff: Coleman
Meeting Date: November 17, 2014 Item Number: CA.B
AUBURN * MORE THAN YOU IMAGINED Page 35 of 176
CA.0
AuBuRN ITY CAF �
\VASHENG`Or,
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Payroll Vouchers November 10, 2014
Department: Attachments: Budget Impact:
City Council No Attachments Available $0
Administrative Recommendation:
City Council to approve payroll vouchers
Background Summary:
Payroll check numbers 535092 through 535125 in the amount of $890,419.15,
electronic deposit transmissions in the amount of $1,300,870.369 for a grand total of
$2,191,289.51 for the period covering October 30, 2014 to November 12, 2014.
Reviewed by Council Committees:
Councilmember: Wales
Staff: Coleman
Meeting Date: November 17, 2014 Item Number: CA.0
AUBURN * MORE THAN YOU IMAGINED Page 36 of 176
CA.D
AuBuRN -17Y F
WASH
AGENDA BILL APPROVAL FORM
Agenda Subject:
Project CP0607
Department: Attachments:
Planning and Development No Attachments Available
Administrative Recommendation:
Date:
November 12, 2014
Budget Impact:
$0
City Council accept the construction of Project CP0607 and approve Final Pay
Estimate No. 18 in the amount of $17,991.31.
Background Summary:
In 2008 the City awarded a contract to Christensen, Inc. to serve as General
Contractor for the Les Gove Park Activity Center project. In late 2011 the construction
project was completed. As part of the contract the building was to obtain a LEED
Silver Certification. In order to obtain this certification the architect, general contractor,
and all sub - contractors are required to complete and file specific LEED
documentation. Christensen, Inc. encountered challenges in completing this
documentation because some of the sub - contractors that worked on the project had
gone out of business by the time the project was completed. LEED requirements do
not allow the General Contractor to complete the documentation on behalf of
specialized sub - contractors (e.g. HVAC, lighting, etc.). While the building has been in
active use since late 2011, the process to complete the proper documentation took
two and a half years to finish since it necessitated finding and enlisting other
specialized sub - contractors who had any interest in helping complete the process. In
the meantime, the City has withheld final payment of retainage until this matter was
resolved. The building now has LEED Silver Certification. Staff is therefore
recommending authorization to release final payment and acceptance of the building.
PCDC discussed this item during their November 10, 2014 meeting and took action to
move this item forward for full City Council consideration.
Final payment of this contract is fully budgeted within the original contract sum of
$2,896,200.00. No budget adjustments are required.
Reviewed by Council Committees:
AUBURN * MORE THAN YOU IMAGINED Page 37 of 176
CA.D
Planning And Community Development, Public Works
Councilmember: Holman
Staff: Snyder
Meeting Date: November 17, 2014 Item Number: CA.D
AUBURN * MORE THAN YOU IMAGINED Page 38 of 176
CA.E
AuBuRN ITY OF �
\VASH E NGTo
Agenda Subject:
Public Works Project No. CP1410
Department:
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
Budget Status Sheet
Final Pay Estimate No. 1
Vidnity Maps
Administrative Recommendation:
Date:
November 12, 2014
Budget Impact:
$0
Approve Final Pay Estimate No. 1 to Small Works Contract No. 14 -22 in the amount of
$62,156.51 and accept construction of Project No. CP1410, 2014 Arterial & Collector
Crack Seal Project.
Background Summary:
This project sealed cracks in the pavement on approximately 7.9 lane miles of arterial
and collector streets with rubberized asphalt to help preserve the existing
pavement. The attached maps show the specific streets that were crack sealed as
part of this project.
A project budget contingency of $23,834.00 remains in the 105 (Arterial and Collector
Preservation) fund.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: November 17, 2014 Item Number: CA.E
AUBURN * MORE THAN YOU IMAGINED Page 39 of 176
BUDGET STATUS SHEET
Project No: CP1410
Project Title: 2014 Arterial & Collector Street Crack Seal Project
Project Manager: Jai Carter
Initiation Date: Sept. 1, 2014
Solicitation Date: Sept. 9, 2014
Award Date: Sept. 19, 2014
• Initiation /Consultant Agreement
o Permission to Advertise
• Resolution 5100 to Award
o Change Order Approval
• Contract Final Acceptance
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Funding
Prior years
2014
Total
105 Fund - Arterial /Collector Pavement Preservation Fund
0
100,000
100,000
Total
0
100,000
100,000
Estimated Cost (Funds Needed)
Activity
Prior years
2014
Total
Design Engineering
0
3,738
3,738
Construction Bid
0
68,616
68,616
Line Item Changes
0
(3,188)
(3,188)
Construction Engineering
0
7,000
7,000
Total
0
76,166
76,166
105 Arterial /Collector Street Budget
Status
* ( #) in the Budget Status Sections indicates Money the City has available.
CA.E
Date: Nov. 6. 2014
Page 1 of 1
Page 40 of 176
Prior years
2014
Total
*105 Funds Budgeted ()
0
(100,000)
(100,000)
105 Funds Needed
0
76,166
76,166
* *105 Fund Project Contingency ()
0
(23,834)
(23,834)
105 Funds Required
0
0
0
* ( #) in the Budget Status Sections indicates Money the City has available.
CA.E
Date: Nov. 6. 2014
Page 1 of 1
Page 40 of 176
CITY OF AUBURN
CP1410
PAY ESTIMATE 41 &FINAL
CO. NO. 14 -22
2014 Arterial & Collector Crack Seal
SCHEDULE A: Street Improvements
ITEM
NO. ITEM DESCRIPTION
ESTIMATE TOTAL PERIOD UNIT UNIT COST TOTAL COST PERIOD COST PERCENT EST.
QUANTITY QUANTITY QUANTITY TYPE QTY.
1 Mobilization 1 1 1 LS 4,000.00 $ 4,000.00 $ 4,000.00 100%
2 Traffic Control Supervisor 1 1 1 LS 1,000.00 $ 1,000.00 $ 1,000.00 100%
3 Traffic Control Labor (Min. Bid $38.00 per hour) 168 107 107 HR 45.00 $ 4,815.00 $ 4,815.00 64%
4 Sequential Arrow Sign 12 3 3 DAY 10.00 $ 30.00 $ 30.00 25%
5 Outside Agency Uniformed Police Flagging Labor 1 0 Eq. Adj. 1,000.00 $ - $ - 0%
6 Rubberized Asphalt for Crack Sealing 5 5.6315 5.6315 TON 9,870.00 $ 55,582.91 $ 55,582.91 106%
7 Paint Line 500 0 LF 1.50 $ - $ - 0%
8 Painted Wide Line (8 inch wide) 150 0 LF 2.50 $ - 5 - 0%
9 Plastic Crosswalk Stripe and Stop Bar (24 inch wide) 60 0 LF 25.00 $ - $ - 0%
h:\proj\pe \CP1410 PE.xls
CA. E
SCHEDULE TOTAL $ 65,427.91
Period Dates
Begin: OcL 3, 2014
End: Oct. 20, 2014
1 of 3 10./28!2014 at 4:54 PM
Page 41 of 176
CITY OF AUBURN CP1410, 2014 Arterial & Collector Crack Seal
PROJECT SUMMARY CO. NO. 14 -22
PAY ESTIMATE #1 & FINAL
Original Contract Contract Change
Amount Orders Total Payment This Period Percent/Ccntract
SCHEDULE A: Street Improvements
Contract 5 68,616.00 $ - S 65,427.91 S 65,427.91 95%
Sales Tax Not Applicable
Retainage ( -5 %) $ (3,271.40) $ (3,271_40)
SCHEDULE TOTAL $ 68,616.00 $ - $ 62,156.51 $ 62,156.51
TOTAL CONTRACT AMOUNT TO DATE (including Sales Tax)
TOTAL PAYMENT TO CONTRACTOR
PAYMENT DUE CONTRACTOR:
h \proj\pe \CP1410 PE.xls
CA. E
$ 65,427.91
$ 62; 156.51 $
62, 156.51
$ 62,156.51
Period Dates
Begin: Oct. 3, 2014
End: Oct. 20, 2014
2 of 3 10/28/2014 at 4:54 PM
Page 42 of 176
CITY OF AUBURN CO. NO. 14 -22
CP1410
PAY ESTIMATE # 1 & FINAL
CONTRACTOR:
Doolittle Construction
1900 118th Ave SE
Bellevue, WA 98005
Phone: 253 -555 -5555
The undersigned has reviewed and approved this final pay estimate. I agree that it is a true and correct statement
showing all monies due me from the City of Auburn under this contract; that I have carefully examined the final pay estimate
estimate and understand it and that I hereby release the City of Auburn from any and all claims of whatsoever
nature which I may have, arising out of this contract, which are not set forth in this estimate.
PAYMENT DUE TO CONTRACTOR =
Signatures:
Contractor / `s ■1111F , Date 77 3-/4(
Inspector Date / /' /cZ/y
Project Manager ;_ �� f Date 11)/9//4
City Engineer Date
$ 62,156.51
haproj\pe \CP1410 PE.xls
CA. E
3 of 3
Page 43 of 176
10/28/2014 a14:54 PM
282nd ST
rt i
miTo
me PA
IN
miwoomounomm
LI� 'Lg
mmerni
is
new
2014 ARTERIAL AND
COLLECTOR CRACK SEAL
PROJECT
PROJECT STREETS (9.5 LANE -MILES
TOTAL)
Page 44 of 176
PRINTED: September 5, 2014 LOCATION: \ \Auburnll \eng_files \Jai \2014 Arterial & Collector Street Preservation Project \2014 Crack Seal \Project Management \Project Maps.dwg
0
0
0
AUBURN
G4
UD
z
0
0
26th
z
28th ST NE PARK
ST NE
z
24th ST
4
23rdN
z
44
z
NE
P SE 304TH
ISAA ' o°
0
M M
EVANS
PARK
z
FIRS
KSEALED
25'A f Q
ARVEY R D
22nu ST
DPLNE
2ND
A
z
16th ST
m
1 th
8th ST NE U]
▪ ] PL NE
ST
Oth
ST NE
19th
NE
17th
NE
DR
16th ST NE
z
15th ST
15th
NE
14th ST NE
16th
w
z
,�T▪ 13TH"
ST NE
NE
6th ST NW
z
2nd ST
w
F Psz
"7Th ST NE
VETERANS cfD
NET MEMORIAL 5th ST NE
ARK AVE PARK
FULMER
FIELD
5th ST NE
z
ST z
AUBURN
N F,
NE
rd ST NE U?
▪ VP 2nd
HIGH Un
U E-
S NE
3rd NEw
zz L
U
1st ST
1st NE
SEGMENT A
AUBURN WAY N - FROM 4TH ST NE TO 15TH ST NE
8th ST NE - FROM AUBURN WAY N TO HARVEY RD
I ST NE - FROM HARVEY RD TO APPROX. 16TH ST
PROJECT STREETS
CA.E
Page 45 of 176
PRINTED: November 6, 2014 LOCATION: \ \Auburnll \eng_files \Jai \Arterial & Collector Street Preservation Program \2014 Program \2014 Crack Seal \Project Management \Project Maps.dwg
SEGMENT B
112TH AVE SE - FROM SE 281ST ST TO SE 304TH ST
(EXCEPT BETWEEN SE 290TH ST AND SE 295TH St)
SE 281ST ST - FROM 112TH AVE SE TO CITY LIMIT
PROJECT STREETS
CA.E Page 46 of 176
PRINTED: November 6, 2014 LOCATION: \ \Auburnll \eng_files \Jai \Arterial & Collector Street Preservation Program \2014 Program \2014 Crack Seal \Project Management \Project Maps.dwg
SE 305TH ST
SE 305TH PL
SE 306TH ST r1f-
s
SE 308TH ST SE 307TH PL
SE 308TH PL
h ST N
SE 320th PL SE 320
CID
NE
321st PL
th ST NE
22nd ST
SE 323rd
NE
3rd NEw
2nd NE
CID
ls
zz
4 co
O
Z
O
25th
O
SE 324TH PL
SE 325TH PL
w
U1
80
08
SE
R PL
MAIN
st ST SE
CID
w
w
0)
Ci) 48
ST NE
8 PL
ST
5E 21st PL
SE 322nd
PL
324th ST SE 323rd
325th ,r
325th J)
SE 326th
PL o m E 326
PL
Q
321st ro PL
SE 322nd PL
SE
GREEN FNES ACRD SE
GREEN RIVER
COMMUNITY
COLLEGE
SE
327
ST
2nd ST SE
w. SE 330th
0
5
8
m
SEGMENT C
LEA HILL ROAD & SE 312TH ST - FROM 104TH AVE SE
TO 124TH AVE SE
PROJECT STREETS
CA.E
Page 47 of 176
PRINTED: November 6, 2014 LOCATION: \ \Auburnll \eng_files \Jai \Arterial & Collector Street Preservation Program \2014 Program \2014 Crack Seal \Project Management \Project Maps.dwg
H
UNABLE TO CRACK
0
S0"
19th
ST
qT SE
MUCKL,LSL1O0T
NNING OUT OF
G MATERIAL
CASINO
23rd ST SE
24th ST SE U
25th ST SE
ST SE
TJ
cfp
z
H
cn
cip
26th
H 27th ST SE
28th ST
SE
0
cs
2h
8
Q ROTARY
PARK
SE
27th ST fr
28th ST SE O SE
R PL W
240h
S7,
//
1DOGw
SE
25th ( ST SE u1
H
26TH ST SE
ALe
PL
0
DR
rrr
t-i
cf
H
RIDGE
RIVERWALK
A UR URN
GAME
FARM
DR
SEGMENT D
STUC
RIVERWALK DRIVE - FROM R ST SE TO AUBURN WAY
SOUTH
PROJECT STREET
CA.E
Page 48 of 176
PRINTED: November 6, 2014 LOCATION: \ \Auburnll \eng_files \Jai \Arterial & Collector Street Preservation Program \2014 Program \2014 Crack Seal \Project Management \Project Maps.dwg
CA.F
AuBuRN ITY Cdr •
wAs - IENGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Annual On -Call Agreements November 12, 2014
Department: Attachments: Budget Impact:
Public Works On call Service and Consulting Contracts list $0
Administrative Recommendation:
Approve the Annual On -Call Professional Service Amendments for 2015.
Background Summary:
The annual on -all agreements are used to supplement the City's staff resources or to
perform specialized services not available within the City. Having these resources
available provides the City with the flexibility to complete small tasks or projects in an
efficient and timely manner as they are needed through out the year.
Each agreement is written to provide the total Not to Exceed" amount for the year,
however, actual expenditures under each agreement are authorized by the City
through specific Task Orders. Each Task Order provides a specific Scope of Work,
Schedule, and Budget for the work to be completed by the consultant or service
provider. All expenditures associated with these agreements will be in conformance
with authorized budgets for the related projects or tasks.
Attached is a list of the existing agreements and their proposed amendment amounts
and their Not to Exceed" amount for 2015. Most existing agreements require a time
extension only as there is sufficient balance remaining in the current agreements to
carry out the anticipated 2015 work.
Reviewed by Council Committees:
Public Works
Councilmember: Osborne Staff: Snyder
Meeting Date: November 17, 2014 Item Number: CA.F
AUBURN * MORE THAN YOU IMAGINED Page 49 of 176
CA.F
AUBURN * MORE THAN YOU IMAGINED Page 50 of 176
City of Auburn
2015 On -Call Service and Consulting Contracts
The City currently engages in several On -Call Annual Professional Service and Service Contracts far a variety of purposes. These services are used to s pplement the existing City resources when necessary, and to improve the City's timeliness and
flexibility for meeting both project and development demands. The following is a description of the current services proposed for 2015. The highlighted number shown below is the amount being authorized with this action.
Professional En
Engineering, Survey and Arch itechtural Services
Contract
Number
Firm Name
2014
2015 Proposed
Expenditures/
Encumbrances'
rdr�
Remaining
Contract
Amount.
Amendment
Total Contract
Amount
Remaining.
Remaining•
Geotechnical Engineering
The consultant performsgeotechnical investigations and assists with the analysis and management of contaminated materials as
needed.
AG -C -448
Shannon & Wilson
550,000
525,500
$24,500
550,000
Signal/Roadway Design
AG -C -411
AG-C-442
Para metrix
KPG, Inc
519,303
50
548,700
550,000
Time Only
Time Only
548,700
550,000
This consultant may perform dengmeenng design related to roadway imprnvments and traffic signal and lighting system designs.
Utility Design
This consultant may perform engineering design related to utility facilities and systems.
AG[ -412
Jacobs Engineering
577,000
5110,000
Time Only
5110,000
Structural Engineering
This consultant may perform structural design and evaluations related to capital projects.
AG-C-403
KPFF
50
525,000
Ti.. Only
525,000
Construction Management
This consultant may provide additional staffing resources for construction management, administration and inspection services as
requested by the City,.
AG -0-413
Harris and Associates
556,400
5116,600
Time Only
5116,600
Land Survey
The Land Survey consultant may perform topographic, design, construction and boundary surveys as necessary to supplement the
City survey Crew.
AG -C-445
AG-C-446
Parametrix
David Evans and Associates
520,000
512,500
520,000
517,500
$40,000
Time Only
$60,000
517,500
Wetland and Environmental
The wetland and environmental services provided by the consultant may Include environmental permitting, wetland delineation,
wetland mitigation development and wetland system monitoring.
AG-C-444
The Watershed Company
57,300
522,700
$7,300
$30,000
Landscape Architecture
The consultant may provide services related to the planning and construction for park facility projects and /or Public Works projects
as necessary.
AG -C -443
Robert W. Droll Landscape Archits
50
530,000
Time Only
530,000
Transportation Modeling
The consultant may provide modeling services related to planning and design for the City's transporation systems that may be
related to both capital and development projects as well as general system needs.
AG -0-410
Fehr and Peers
513,240
56,760
Time Only
56,760
NPDES Support
This consultant provides support as requested by the City for implmentatlon and reporting required by the City's NPOES Phase 2
Permit.
AG-C -398
Brown and Caldwell
520,000
543,250
Time Only
543,250
Water Modeling
The consultant may provide modeling services related to planning and design for the City's water system that may be related to
both capital and development projects as well as general system needs.
AG -C -363
Carollo Engineers
564,000
587,234
Time Only
587,234
Sanitary Sewer and Storm Water Modeling
The consultant may provide modeling services related to planning and design for the City's sanitary sewer and storm drainage
systems that may be related to both capital and development projects as well as general system needs.
.u-C -362
Brown and Caldwell
5140,000
5163,000
Time Only
5163,000
Other Services
Contract
Number
firm Name
2014
2015 Proposed
Expenditures/
Encumbrances`
Remaining
Contract
Amount•
Amendment
Amount
Total Contract
Amount
Remaining•
Appraisal and Appraisal Review
Apr p p y g y valuation for all departments within the City. Where
These consultants provides appraisal services for property and right-of-way p
necessary, the consultants may also provide appraisal review services.
AGS -054
AG -5 -055
The Granger Company
Appraisal Group of the
Northwest
$800
$2.500
$2x,100
$22,500
Time Only
Time Only
524,100
522,500
•Amounts are approximated based on current task orders.
24 f5 am,.N Corals, Summery =d
CA.F
Page 51 of 176
AuBuRN ITY Cdr •
wAsHENG`o
Agenda Subject:
Ordinance No. 6538
Department:
Finance
AGENDA BILL APPROVAL FORM
Attachments:
M erno
Ord 6538
Administrative Recommendation:
Date:
November 6, 2014
Budget Impact:
$16,879,116.00
City Council to introduce and adopt Ordinance No. 6538, establishing the Property
Tax levy for calendar year 2015.
Background Summary:
Attached is proposed Ordinance No. 6538, establishing the 2015 Property Tax
Levy. The 2015 Property Tax Levy is based upon preliminary information from King
County and represents an increase over the 2014 levy, as allowed under State law,
and also includes estimated property taxes on new construction of $260,000. King
County will not finalize the City's assessed valuation (AV) and new construction until
December therefore the levy will be based upon preliminary information as it is
scheduled for Council adoption on November 17, 2014. The following table
summarizes the 2015 Property Tax levy:
Table 1. 2015 Property Tax Levy Calculations
2014 property tax levy
Add 1% increase
Add estimated new construction & improvements
Add refund levy
Add additional levy to fund new staff positions
Total 2015 Property Tax Levy
$15,792,046
157,920
260,000
69,150
600,000
$16,879,116
Ordinance No. 6538 will be reviewed by the Council Finance Committee on November
3 (first reading) and on November 17 (final reading) before being referred to the full
Council for adoption on the same night (November 17). Filing of the adopted
ordinance will be made by December 1, as required by the County.
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 52 of 176
As of this date the County has preliminarily established the 2015 assessed valuation
(including estimated new construction) for the City of Auburn at $8,268,731,600 which
is a 13.5% increase over the 2014 level of $7,288,082,732.
The total 2015 Property Tax Levy will be distributed to the General Fund to support
general governmental operations.
Reviewed by Council Committees:
Finance, Public Works
Councilmember: Wales Staff: Coleman
Meeting Date: November 17, 2014 Item Number: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 53 of 176
CITY OF
WASHINGTON
To: City Council
From: Shelley Coleman, Finance Director
CC: Nancy Backus, Mayor
Date: October 27, 2014
Re: 2015 Property Tax Ordinance No. 6538
Interoffice Memorandum
Attached is proposed Ordinance No. 6538, establishing the 2015 Property Tax Levy. The 2015 Property Tax
Levy is based upon preliminary information from King County and represents an increase over the 2014
levy, as allowed under State law, and also includes estimated property taxes on new construction of
$260,000. King County will not finalize the City's assessed valuation (AV) and new construction until
December therefore the levy will be based upon preliminary information as it is scheduled for Council
adoption on November 17, 2014. The following table summarizes the 2015 Property Tax levy:
Table 1. 2015 Property Tax Levy Calculations
2014 property tax levy
Add 1% increase
Add estimated new construction & improvements
Add refund levy
Add additional levy to fund new staff positions
$ 15,792,046
157,920
260,000
69,150
600,000
Total 2015 Property Tax Levy $ 16,879,116
Ordinance No. 6538 will be reviewed by the Council Finance Committee on November 3 (first reading) and
on November 17 (final reading) before being referred to the full Council for adoption on the same night
(November 17). Filing of the adopted ordinance will be made by December 1, as required by the County.
As of this date the County has preliminarily established the 2015 assessed valuation (including estimated
new construction) for the City of Auburn at $8,268,731,600 which is a 13.5% increase over the 2014 level of
$7,288,082,732.
The total 2015 Property Tax Levy will be distributed to the General Fund to support general governmental
operations.
Attachments:
1. Ordinance No. 6538
ORD.A AUBURN - MORE THAN you I AAG I F ge 54 of 176
ORDINANCE NO. 6 5 3 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ESTABLISHING THE LEVY
FOR REGULAR PROPERTY TAXES BY THE CITY OF
AUBURN FOR COLLECTION IN 2015 FOR GENERAL
CITY OPERATIONAL PURPOSES IN THE AMOUNT OF
$16,879,116.00
WHEREAS, the City Council of the City of Auburn has met and
considered its budget for the calendar year 2015; and
WHEREAS, pursuant to RCW 84.55.120 the City Council held public
hearings on September 15, 2014 and November 17, 2014, after proper notice
was given, to consider the City of Auburn's 2015 budget and the regular
property tax levy to support it; and
WHEREAS, the City Council of the City of Auburn, after public hearing,
and after duly considering all relevant evidence and testimony presented, has
determined that the City of Auburn requires property tax revenue and any
increase of new construction and improvements to property, any increase in the
value of state - assessed property, annexations, and any refund levies in order
to discharge the expected expenses and obligations of the City and in its best
interest; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regular property taxes for collection in the City of Auburn
for the year 2015 are authorized in the amount of $16,879,116.00. Not
Ordinance No. 6538
October 28, 2014
Page 1 of 3
ORD.A Page 55 of 176
including the addition of new construction and improvements to property, any
increase in the value of state assessed property, and any refund levies
available, the regular property tax levy for 2015 collection represents an
increase from regular property taxes levied for collection in 2014 of
$757,920.00, which is a 4.8% increase in revenue from the previous year.
Section 2. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of the Ordinance, as it being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause or phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
Ordinance No. 6538
October 28, 2014
Page 2 of 3
ORD.A Page 56 of 176
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam
City Clerk
Daniel B. Held
City Attorney
PUBLISHED:
Ordinance No. 6538
October 28, 2014
Page 3 of 3
ORD.A Page 57 of 176
AuBuRN ITY CAF •
\VASH E NGTo
Agenda Subject:
Ordinance No. 6541
Department:
Community Development &
Public Works
AGENDA BILL APPROVAL FORM
Attachments:
Agenda Bill
Revisions to the COA C F P
Ord 6541
Summary M atrix
Administrative Recommendation:
City Council to adopt Ordinance No. 6541
Background Summary:
Please see the attached Agenda Bill.
Date:
November 12, 2014
Budget Impact:
$0
Ordinance No. 6541 is attached and Exhibit A can be found in the 2014
Comprehensive Plan Amendment binder. Exhibit B to Ordinance No. 6541 is
attached.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Planning Commission,
Legal
Councilmember: Holman Staff: Snyder
Meeting Date: November 17, 2014 Item Number: ORD.B
ORD.B
AUBURN * MORE THAN YOU IMAGINED Page 58 of 176
CITY OF
*� WASHINGTON
*i
UBURN
AGENDA BILL APPROVAL FORM
Agenda Subject
CPA14 -0001, 2014 Comprehensive Plan Amendments — City
Initiated Plan Policy /Text Amendments
Date:
November 12, 2014
Department: Community
Development & Public Works
Attachments: See separate
summary matrix and the
policy /text amendment sections of
the binder
Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to review
planning commission recommendation on 2014 City- Initiated Comprehensive Plan
Amendments.
Background Summary:
The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the
Washington State Growth Management Act (GMA) requirements, as amended. Since then the Auburn
Comprehensive Plan has been amended annually.
Comprehensive plan amendments can be initiated by the City of Auburn (city- initiated) and by private
citizens (privately- initiated). This year the city is initiating:
• Five policy /text amendments.
• (No map amendments are proposed with this year's amendment process)
In addition, this year the city received two privately- initiated plan map amendments by the submittal
deadline. However, since the two applications for adjacent sites by the same Applicant were submitted
without the necessary environmental checklist application (required pursuant to the State Environmental
Policy Act (SEPA)), the Applicant has agreed to defer the city's consideration of the applications until
consideration of the larger overall Comprehensive Plan Update effort in 2015.
This staff report and recommendation addresses Comprehensive Policy/Text (P/T) Amendments P/T # 1
through # 5. This is the only staff report associated with the annual comprehensive plan amendment
process.
In terms of process, the Comprehensive plan amendments are initially reviewed during a public hearing
process before the City of Auburn Planning Commission, who then provides a recommendation to the City
Council for final action. City Council consideration and action on the amendments generally occurs but is
not required prior to the end of the year.
Reviewed by Council & Committees:
COMMITTEES:
Services
& Dev.
Works
Reviewed by Departments & Divisions:
• Arts Commission COUNCIL
• Building • M &O
• Airport • Finance
• Cemetery • Mayor
• Hearing Examiner • Municipal
• Finance • Parks
• Human Services Planning
• Fire Planning
• Park Board • Public
• Legal • Police
Planning Comm. • Other
.1 Public Works • Human Resources
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
▪ Yes ❑No
▪ Yes ❑No
Call for Public Hearing _/ /
Until / /
Until / /
Councilmember: Holman
Staff: Tate
Meeting Date: November 17, 2014
Item Number:
Page 1 of 10
ORD.B
AUBURN * MOR_E THAN YOU IMAOINED
age 9 of 176
Page 2 of 10
ORD.B
WASHINGTON
AGENDA BILL APPROVAL FORM
AUBURN * MORE THAN YOU IMiINED
age 0 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
At its November 5, 2014 public hearing, the Planning Commission reviewed the following annual
comprehensive plan amendments:
P/T #1 — Incorporate Auburn School District Capital Facilities Plan
P/T #2 — Incorporate Dieringer School District Capital Facilities Plan
P/T #3 — Incorporate Federal Way School District Capital Facilities Plan
P/T #4 — Incorporate Kent School District Capital Facilities Plan
P/T #5 — Incorporate City of Auburn Capital Facilities Plan
The Planning Commission has forward its recommendation for approval to the City council on
all comprehensive plan amendments.
The 2014 Comprehensive Plan Amendments were previously reviewed by the Planning and
Community Development Committee of the city council at the June 23, 2014 regular meeting
and at their regular meeting on November 10, 2014. The committee forwarded a
recommendation for approval to the full council.
A. Findings
1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circumstances
provided for in State law, comprehensive plan amendments shall be considered by the city
or county legislative body no more frequently than once per year.
2. The City of Auburn established a June 6, 2014 deadline for the submittal of privately -
initiated comprehensive plan applications (map or policy /text). Notice to the public of the
filing deadline was provided on the City's website, the Seattle Times Newspaper, and sent
to a compiled notification list in May 2014. The City received two privately- initiated plan map
amendments by the submittal deadline. The Applicant agreed to defer the city's
consideration of the applications until consideration of the larger overall Comprehensive
Plan Update effort in 2015. The postponement was accepted by the Planning and
Community Development Committee at their June 23, 2014 meeting.
3. The City of Auburn received annual updates to the four school district Capital Facilities
Plans whose districts occur within the City of Auburn. These Capital Facilities Plans, as well
as the City's Capital Facilities Plan are referenced in Chapter 5, Capital Facilities, of the
Auburn Comprehensive Plan and are processed as Policy /Text (P/T) amendments.
4. The environmental review under the State Environmental Policy Act (SEPA) for the school
district capital facilities plans were prepared separately by each school district acting as their
own lead agency, as allowed by state law.
5. The environmental review under the State Environmental Policy Act (SEPA) for the
remaining amendment resulted in a Determination of Non - Significance (DNS) issued for the
City- initiated Comprehensive Plan Amendments on September 16, 2014 (City File # SEP14-
0011). The comment period ended September 30, 2014 and the appeal period ended
October 14, 2014.
Page 3 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 1 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
6. The City did not receive any comments in response to the issuance of the Determination of
Non - Significance (DNS).
7. Each of the school district's acting as their own lead agency as allowed under SEPA
conducted their own environmental review and issued separate Determinations of Non -
Significance (DNS).
8. Auburn City Code Chapter 14.22 outlines the process for submittal of privately- initiated
amendments and the general processing of comprehensive plan amendments as follows:
"Section 14.22.100
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be
given pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site - specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of
record within a radius of 300 feet of the proposed map amendment
request, not less than 10 calendar days prior to the public hearing;
2. For area -wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of
record within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the
area subject to the proposed amendment not less than 10 calendar
days prior to the date of the public hearing.
B. Notwithstanding the above, the director may expand the minimum noticing
provisions noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct
a public hearing on all potential comprehensive plan amendments and shall
make and forward a recommendation on each to the city council. The planning
commission shall adopt written findings and make a recommendation consistent
with those findings to the city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in
accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)"
9. As provided in the code, the Comprehensive Plan amendments are initially reviewed during
a public hearing process before the City of Auburn Planning Commission, who then provides
a recommendation to the City Council for final action. City Council consideration and action
on the amendments generally occurs, but is not required, prior to the end of the year.
10. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
this agenda bill were sent to the Washington State Office of Commerce and other state
Page 4 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 2 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
agencies as required for the state review on October 9, 2014. The Washington State Office
of Commerce acknowledged receipt by letter dated October 13, 2014. No comments have
been received from the Washington State Department of Commerce or other state
agencies as of the writing of this report.
11. Due to the nature and limited number of policy /text changes, and the lack of private initiated
map amendments, the optional process for a public open house was not conducted as
provided for in the city code.
12. The notice of public hearing was published on October 14, 2014 in the Seattle Times which
is at least 10 -days prior to the Planning Commission public hearing scheduled for
November 5, 2014.
13. The 2014 Comprehensive Plan Amendments were previously reviewed by the Planning
and Community Development Committee of the city council at the June 23, 2014 regular
meeting.
14. On November 5, 2014 the Planning Commission conducted a public hearing on the
proposed annual amendments as part of the process required by code.
15. On November 10, 2014 the Planning and Community Development Committee of the city
council reviewed the Planning Commission recommendation at their regular meeting on
November 10, 2014. The committee forwarded a recommendation for approval to the full
council.
16. The following report identifies the Comprehensive Plan Map Policy /Text (P /T) amendments
that were scheduled for the Planning Commission's November 5, 2014 public hearing with a
staff recommendation and the subsequent Planning Commission recommendation.
November 5, 2014 Planning Commission Public Hearing
Comprehensive Plan Map Amendments (File No. CPA14 -0001)
(No map amendments are proposed with this year's amendment process)
Comprehensive Plan Policy /Text Amendments (File No. CPA14 -0001)
P/T #1
Incorporate Auburn School District Capital Facilities Plan 2014 through 2020 into the City of
Auburn Comprehensive Plan.
Discussion
The Auburn School District has provided the City with its annually updated Capital Facilities
Plan (CFP) covering from 2014 -2020. The CFP was adopted by the Auburn School District
School Board of Directors on June 9, 2014 and has been subject to separate SEPA review and
a Determination of Non Significance (DNS). Information contained in the School District CFP
serves as the basis for the City's collection of school impact fees on behalf of the school district.
The Planning Commission action is incorporation of the Auburn School District Capital Facilities
Plan into the City's Comprehensive Plan.
Page 5 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 3 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
The CFP includes the following:
• six —year enrollment projections
• Auburn school district level of service standards
• The district's overall capacity of the 6 -year period
• An inventory of existing facilities
• Impact fee calculations
• District capital construction Plan
A review of the Auburn School District's updated Capital Facilities Plan indicates the District
is requesting a change in the fee obligations. The net fee obligation for single - family
dwellings is proposed to be $4,137.21, a decrease of $1,261.72 and the requested fee for
multiple - family dwellings is $3,518.17, an increase of $130.33. The actual impact fee to be
assessed is set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Auburn School District Capital Facilities
Plan 2014 through 2020 to the City Council
Planning Commission Recommendation
Planning Commission recommended approval of the Auburn School District Capital Facilities
Plan 2014 through 2020 to the City Council
Planning and Community Development Committee Recommendation
Planning and Community Development Committee to recommend approval of the Auburn
School District Capital Facilities Plan 2014 through 2020 to the City Council
P /T #2
Incorporate the Dieringer School District Capital Facilities Plan 2015 -2020 into the City of
Auburn Comprehensive Plan.
Discussion
The Dieringer School District has provided the City with its annually updated Capital Facilities
Plan 2015 - 2020. The CFP was adopted by the Dieringer School District Board of Directors on
June 17, 2014. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City's collection of school
impact fees on behalf of the school district. The Planning Commission action is incorporation of
the School District Capital Facilities Plan into the City's Comprehensive Plan.
The CFP includes the following:
• Overview
• An inventory of existing facilities
• six —year enrollment projections
• standard of service
• Capacity projects
• Finance plan
• Impact fee calculations
A review of the Dieringer School District's updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for single - family
Page 6 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 4 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
dwellings is proposed to be $5,231.00, an increase of $2,016.00 and the requested fee for
multiple family dwellings is $1,839; an increase of $144.00. The actual impact fee to be
assessed is set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Dieringer School District Capital Facilities
Plan 2015 -2020 to the City Council.
Planning Commission Recommendation
Planning Commission to recommend approval of the Dieringer School District Capital Facilities
Plan 2015 -2020 to the City Council.
During the course to the deliberation, the Planning Commission asked that the calculations
contained in the Dieringer School District Capital Facilities Plan 2015 -2020 be carefully
reviewed.
Planning and Community Development Committee Recommendation
Planning and Community Development Committee to recommend approval of the Dieringer
School District Capital Facilities Plan 2015 - 2020 to the City Council.
P/T #3
Incorporate Federal Way School District's 2015 Capital Facilities Plan into the City of Auburn
Comprehensive Plan.
Discussion
The Federal Way School District has provided the City with its annually updated Capital
Facilities Plan (2015). The CFP was adopted by the Federal Way School District School Board
June 24, 2014. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City's collection of school
impact fees on behalf of the school district. The Planning Commission action is incorporation of
the School District Capital Facilities Plan into the City's Comprehensive Plan.
The CFP includes the following:
• Introduction
• Inventory of educational facilities & non - instructional facilities
• Needs forecast, existing & new facilities
• Six —year finance plan
• Maps of district boundaries
• Building capacities & portable locations
• Student forecast
• Capacity summaries
• Impact fee calculations
• Summary of changes from the 2014 plan
A review of the Federal Way School District's updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for single - family
dwellings is proposed to be $5,171.00, representing a decrease of $192.00 and the
requested fee for multi - family dwellings is $1,834.00, a decrease of $90.00. The actual
impact fee to be assessed is set by ordinance by the Auburn City Council.
Page 7 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 5 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
Staff Recommendation
Planning Commission to recommend approval of the Federal Way School District's 2015
Capital Facilities Plan to the City Council
Planning Commission Recommendation
Planning Commission to recommend approval of the Federal Way School District's 2015
Capital Facilities Plan to the City Council.
Planning and Community Development Committee Recommendation
Planning and Community Development Committee to recommend approval of the Federal Way
School District Capital Facilities Plan 2015 to the City Council.
P/T #4
Incorporate Kent School District Capital Facilities Plan 2014 -2015 to 2019 -2020 into the City of
Auburn Comprehensive Plan.
Discussion
The Kent School District has provided its annually updated 2014 -2015 to 2019 -2020 Capital
Facilities Plan. The CFP was adopted by the Kent School District School Board on June 25,
2014 and has been subject to separate SEPA review and a DNS. Information contained in the
School District CFP serves as the basis for the City's collection of school impact fees on behalf
of the school district. The Planning Commission action is incorporation of the School District
Capital Facilities Plan into the City's Comprehensive Plan.
The CFP includes the following:
• Executive Summary
• Six -year enrollment projection & history
• District standard of service
• Inventory, capacity & maps of existing schools
• Six -year planning & construction plan
• Portable classrooms
• Projected classroom capacity
• Finance Plan, cost basis and impact fee schedules
• Summary of changes to previous plan
A review of the Kent School District's updated Capital Facilities Plan indicates the District is
not requesting a change in the fees. The Plan indicates the continuing net fee obligation for
single - family dwellings of $5,486.00, representing no change, and for multi - family dwellings
a fee of $3,378.00, also representing no change. The actual impact fee to be assessed is
set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Kent School District Capital Facilities Plan
2014 -2015 to 2019 -2020 to the City Council.
Page 8 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 6 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
Planning Commission Recommendation
Planning Commission to recommend approval of the Kent School District Capital Facilities Plan
2014 -2015 to 2019 -2020 to the City Council.
Planning and Community Development Committee Recommendation
Planning and Community Development Committee to recommend approval of the Kent School
District Capital Facilities Plan 2014 -2015 through 2019 -2020 to the City Council.
CPM #5
Incorporate the City of Auburn's 6 -year Capital Facilities Plan 2015 -2020, into the City's
Comprehensive Plan.
Discussion
A Capital Facilities Plan is one of the comprehensive plan elements required by the Washington
State Growth Management Act (GMA) (RCW 36.70A). The GMA requires that a capital facilities
plan include an inventory of existing capital facilities (showing locations and capacities), a
forecast of future needs for such capital facilities, proposed locations and capacities of new or
expanded capital facilities, and a minimum of a six -year plan to finance capital facilities with
identified sources of funding. The proposed City of Auburn 6 -year Capital Facilities Plan 2015-
2020 satisfies the GMA requirements for a capital facilities element as part of the
Comprehensive Plan.
Each comprehensive plan prepared under the GMA must include a capital facilities plan
element. More specifically, RCW 36.70A.070(3) of the GMA requires the following:
"A capital facilities plan element consisting of:
(a) An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities;
(b) a forecast of the future needs of such capital facilities;
(c) the proposed locations and capacities of expanded or new capital facilities;
(d) at least a six -year plan that will finance such capital facilities within projected
funding capacities and clearly identifies sources of public money for such
purposes; and
(e) a requirement to reassess the land use element if probable funding falls short
of meeting existing needs and to ensure that the land use element, capital
facilities plan element, and financing plan within the capital facilities plan element
are coordinated and consistent. Park and recreation facilities shall be included in
the capital facilities plan element."
A capital facility is defined as a structure, street or utility system improvement, or other long -
lasting major asset, including land. Capital facilities are provided for public purposes. Capital
facilities include, but are not limited to, the following: streets, roads, highways, sidewalks, street
and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer
systems, parks and recreation facilities, and police and fire protection facilities. These capital
facilities include necessary ancillary and support facilities.
The memo dated October 2, 2014 from the City's Finance Department contained in the three
ring binder highlights the major changes in the CFP from last year. The proposed City of
Auburn 6 -year Capital Facilities Plan 2015 -2020 is incorporated by reference in the
Comprehensive Plan, Chapter 5, Capital Facilities.
Page 9 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 7 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
Staff Recommendation
Planning Commission to recommend approval of the City of Auburn's 6 -year Capital Facilities
Plan 2015 -2020 to the City Council.
Planning Commission Recommendation
Planning Commission to recommend approval of the City of Auburn's 6 -year Capital Facilities
Plan 2015 -2020 to the City Council with the amendment that the Planning Commission
recommends that the City study the extension of sidewalks along Auburn Way South, south of
Hemlock Street SE for pedestrian safety reasons.
Planning and Community Development Committee Recommendation
Planning and Community Development Committee to recommend approval of the City of
Auburn Capital Facilities Plan 2015 - 2020 to the City Council.
Page 10 of 10
ORD.B
AUBURN * MORE THAN YOU IMAOINEI)
age 8 of 176
WASHINGTON
Memorandum
To: Judi Roland, Chair, Planning Commission
Planning Commission Members
From: Jeff Dixon, Planning Services Manager
Date: November 5, 2014
Re: 2014 Comprehensive Plan Amendments — Revision to City of Auburn Capital Facilities Plan
For the 2014 Comprehensive Plan Amendment process, staff prepares a working binder for use
by the Planning Commissioners during their review of the proposed comprehensive plan
amendments. The binder distributed contains the City's Capital Facilities Plan as a Text/Policy
Amendment. A further change to the City Capital Facilities Plan is needed as follows:
Reasons for change:
Four pages changed related to recent city council financial priorization for the Auburn
Community & Youth /Teen Center
Revised Pages:
• Page 174 — Allocated greater amount of "capital cost" and "grants" expenditures from
year 2016 to year 2015.
• Page 176 — changed "summary" to reflect change above.
• Page 180 — Revised "Total funding sources" and Total expenditures" from $ 1,795,046 to
$ 3,900,000.
• Page 195 — Changed to reflect completion of Community and Youth /Teen Center in
city's year 2020 inventory.
Reasons for change:
Two pages changed related to title for Airport projects from "Runway Extension" to "Runway
Enhancements"
Revised Pages:
• Page 226 — to reflect more accurate description of the project.
• Page 233 — to reflect more accurate description of the project.
Please contact either Jeff Dixon, Planning Manager at idixon(a�auburnwa.gov or 253 - 804 -5033,
with any questions.
ORD.B Page 69 of 176
City of Auburn Draft Capital Facilities Plan
TABLE PR -1 (continued)
Proposed Capacity Projects:
29.04
30.00
13009 SE 294th Street
Kersey Way
Jacobson Tree Farm
Lakeland Hills
Total Proposed Capacity Projects
2020 Projected Inventory Total
- Community Parks -
59.04
295.24
Linear Parks:
Existing Inventory ::
Interurban Trail
25.40
Lakeland Hills Trail
2.30
5401 Olive Avenue SE
White River Trail
4.90
Total Linear Parks
32.60
Proposed Capacity Projects:
None
-
Total Proposed Capacity Projects
-
2020Projected Inventory Total
- Linear Parks-
32.60
Special Use Areas:
Existing Inventory:
Bicentennial Park
1.40
SR -18 & Auburn WayS
Centennial Viewpoint Park
0.70
600 Mountain View Drive
City Hall Plaza
0.90
25 W Main
Clark Plaza
0.20
15th & Auburn Way N
B Street P /aza
0.10
E. Main & B Street SE
Plaza Park
0.15
25 W Main
Mountain View Cemetery
50.00
2020 Mountain View Drive
Pioneer Cemetery
0.80
8th & Auburn Way N
Slaughter Memorial
0.20
3100 Auburn Way N
Total Special Use Areas
54.45
Proposed Capacity Projects:
None
-
Total Proposed Capacity Projects
-
2020 Projected Inventory Total
- Special Use Areas -
54.45
Open Space Areas:
Existing Inventory:
Auburn Environmental Park Open Space
120.00
Western Ave NW and Maint Street
Clark Property
25.00
1600 Oravetz Road
Game Farm Open Space
87.00
2400 SE Stuck River Road
Golf Course Open Space
42.00
29639 Green River Road
Green River Property
10.00
315th Street Se & 104th Way SE
Lakeland Native Area
10.00
Oravetz Road
Olson Canyon Open Space
45.00
28728 Green River Road
West Auburn Lake Property Open Space
9.00
N of S 321st and west of W St.NW
Total Open Space Areas
348.00
Proposed Capacity Proiects:
None
-
Total Proposed Capacity Projects
-
2020 Projected Inventory Total
- Open Space Areas -
348.00
173
ORD.B
Page 70 of 176
TABLE PR -2
City of Auburn Draft Capital Facilities Plan
CAPITAL FACILITIES PLAN PROJECTS AND FINANCING
PARKS, ARTS and RECREATION
(Municipal Parks Construction Fund)
2015 2016 2017 2018 2019 2020 Total
Capacity Proiects:
1 Park Acquisitions /Development
Capital Costs
Funding Sources:
Fund Balance
Grants (Fed,State,Local)
Bond Proceeds
KC Prop 2
Subtotal, Capacity Projects:
Capital Costs
Non - Capacity Projects:
125,000 125,000 125,000 375,000
125,000 125,000 125,000 375,000
125,000 125,000 125,000 375,000
2 Isaac Evans Park
Capital Costs 100,000 100,000
Funding Sources:
Fund Balance 50,000 50,000
Grants (Fed,State,Local) -
Other (Park Impact Fee) 50,000 50,000
3 Jacobsen Tree Farm Site Plan
Capital Costs 12,000,000 12,000,000
Funding Sources:
Fund Balance
Grants (Fed,State,Local) 2,000,000 2,000,000
Other (Developer) 4,000,000 4,000,000
Bond Proceeds 6,000,000 6,000,000
4 Auburn Community and Youth/Teen Center
Capital Costs 3,500,000 5,100,000 - 8,600,000
Funding Sources:
REET 1 300,000 759,219 1,059,219
Other 2,200,000 2,340,781 4,540,781
Grants (Fed,State,Local) 1,000,000 2,000,000 3,000,000
5 Les Gove Park Improvements
Capital Costs 40,000 260,000 300,000
Funding Sources:
Fund Balance
Grants (Fed,State,Local) - -
KC Prop 2 40,000 260,000 300,000
6 Rotary Park Improvements
Capital Costs 30,000 30,000
Funding Sources:
Fund Balance - 30,000 30,000
Grants (Fed,State,Local)
Other
174
ORD.B Page 71 of 176
City of Auburn Draft Capital Facilities Plan
TABLE PR -2 (continued)
2015 2016 2017 2018 2019 2020 Total
Non - Capacity Proiects:
7 Misc. Parks Improvements
Capital Costs 100,000 100,000 175,000 175,000 175,000 175,000 900,000
Funding Sources:
Fund Balance - 25,000 25,000 25,000 25,000 100,000
Grants (Fed,State,Local) 50,000 50,000 75,000 75,000 75,000 75,000 400,000
Other (Park Im pact Fee) 50,000 50,000 75,000 75,000 75,000 75,000 400,000
8 Cameron Park
Capital Costs 55,000 55,000
Funding Sources:
Fund Balance 25,000 25,000
Grants (Fed,State,Local) 30,000 30,000
Other -
9 Game Farm Park Improvements
Capital Costs
Funding Sources:
Fund Balance
Grants (Fed,State,Local)
Other
40,000
40,000
40,000
40,000
10 Gaines Park
Capital Costs
Funding Sources:
Fund Balance
Grants (Fed,State,Local)
Other
30,000
30,000
30,000
30,000
11 RoegnerPark
Capital Costs
Funding Sources:
Fund Balance
Grants (Fed,State,Local)
KC Prop 2
50,000
50,000
50,000
50,000
12 Auburndale Park
Capital Costs 25,000 350,000 - 375,000
Funding Sources:
Fund Balance 25,000 25,000
KC Prop 2 100,000 100,000
Other (Park Impact Fee) 250,000 250,000
13 Auburndale Park II
Capital Costs 25,000 575,000 600,000
Funding Sources:
Fund Balance 25,000 25,000
Grants (Fed,State,Local) -
Other - 575,000 575,000
14 Sunset Park
Capital Costs 15,000 385,000 - 400,000
Funding Sources:
Fund Balance - -
Other (Park Im pact Fee) 15,000 185,000 200,000
Other (Contributions) - 200,000 200,000
175
ORD.B Page 72 of 176
City of Auburn Draft Capital Facilities Plan
TABLE PR -2 (continued)
Non - Capacity Proiects:
15 BPA Trail on Lea Hill
Capital Costs
Funding Sources:
Fund Balance
Grants (Fed,State,Local)
KC Prop 2
2015 2016 2017 2018 2019 2020 Total
150,000 150,000
150,000 150,000
16 Lakeland Park #4
Capital Costs 25,000 150,000 175,000
Funding Sources:
Fund Balance 25,000 - 25,000
Other - 150,000 150,000
17 Fenster Levee Setback, Phase 2B
Capital Costs 25,000 25,000
Funding Sources:
Grants (Fed,State,Local) - -
Other (Storm) 25,000 25,000
Subtotal, Non - Capacity Proiects:
Capital Costs 3,730,000 5,945,000 12,350,000 1,250,000 230,000 325,000 23,830,000
SUMMARY:
CAPITAL COSTS
Capacity Projects - 125,000 125,000 125,000 375,000
Non - Capacity Projects 3,730,000 5,945,000 12,350,000 1,250,000 230,000 325,000 23,830,000
Total Costs 3,730,000 5,945,000 12,475,000 1,375,000 355,000 325,000 24,205,000
FUNDING SOURCES:
Fund Balance 50,000 50,000 200,000 25,000 50,000 25,000 400,000
Grants (Fed,State,Local) 1,050,000 2,050,000 2,075,000 75,000 105,000 225,000 5,580,000
REET 1 300,000 759,219 - 1,059,219
Bond Proceeds 6,000,000 - 6,000,000
KC Prop 2 40,000 260,000 125,000 225,000 125,000 775,000
Other -Parks Impact 65,000 285,000 75,000 325,000 75,000 75,000 900,000
Other 2,225,000 2,540,781 4,000,000 725,000 - 9,490,781
Total Funding 3,730,000 5,945,000 12,475,000 1,375,000 355,000 325,000 24,205,000
176
ORD.B Page 73 of 176
City of Auburn Draft Capital Facilities Plan
MUNICIPAL PARKS CONSTRUCTION FUND (321)
Six Year Capital Facilities Plan, 2015 -2020
Capital Facilities Plan
Capital Projects Fund
Project Title:
Project No:
Project Type:
Project Manager:
Jacobsen Tree Farm Site Plan
cp0609
Non - Capacity
Daryl Faber
Description:
Implement Master Plan for the development of this 31 acre site. Lea Hill area is deficient in park acreage.
Progress Summary:
Future Impact on Operating Budget:
No significant impact due to master plan. Future park development will result in maintenance and utility expenses
undeterminable at this time.
Activity:
2014 YE 2015 Year End
Funding Sources: Prior to 2014 Estimate 2015 Budget 2016 Budget Project Total
Fund 321 - Unrestricted Fund Balance 25,321 - - - 25,321
Grants- Unsecured (Fed,State,Local) - - - - -
Bond Proceeds - - - - -
REET - - - - -
Other (Development) - - - - -
Total Funding Sources: 25,321 - - - 25,321
Capital Expenditures:
Design 25,321 - - 25,321
Right of Way - - - - -
Construction - - - - -
Total Expenditures: 25,321 - - - 25,321
Forecasted Project Cost:
Total
2017 2018 2019 2020 2015 -2020
Funding Sources:
Fund 321 - Unrestricted Fund Balance - - - - -
Grants - Unsecured (Fed,State,Local) 2,000,000 - - - 2,000,000
Bond Proceeds 6,000,000 - - - 6,000,000
REET - - - - -
Other(Development) 4,000,000 - - - 4,000,000
Total Funding Sources: 12,000,000 - - - 12,000,000
Capital Expenditures:
Design 1,000,000 - - - 1,000,000
Right of Way - .. - - -
Construction 11,000,000 - - - 11,000,000
Total Expenditures: 12,000,000 - - - 12,000,000
Grants / Other Sources:
179
ORD.B
Page 74 of 176
City of Auburn Draft Capital Facilities Plan
MUNICIPAL PARKS CONSTRUCTION FUND (321)
Six Year Capital Facilities Plan, 2015 -2020
Capital Facilities Plan
Capital Projects Fund
Project Title:
Project No:
Project Type:
Project Manager:
Auburn Community and Youth /Teen Center
cp1412
Non - Capacity
Jacob Sweeting
Description:
Construct a new approximately 13,000 sq. ft. Community Center facility as well as repurpose the existing Parks, Recreation
and Arts Administration building into a Youth/Teen Center. The project includes site improvements associated with the
construction at Les Gove Campus and administrative space for the Parks Department, meeting, activity and fitness space
as well as a dedicated youth /teen center. The State has allocated $3 million of the capital budget to the City to fund the
project.
Progress Summary:
Design in 2014 & 2015, bid and begin construction in 2015 with construction completed in 2016.
Future Impact on Operating Budget:
The annual operating budget fiscal impact is estimated to be $150,000
Activity:
2014 YE
2015 Year End
Funding Sources: Prior to 2014 Estimate 2015 Budget 2016 Budget
Project Total
Fund 321 - Unrestricted Fund Balance - - - -
-
Grants- Secured -State - - 1,000,000 2,000,000
1,000,000
REET 1 - 400,000 300,000 759,219
700,000
Other (Solid Waste Fees) - - -
-
Other - - 2,200,000 2,340,781
2,200,000
Total Funding Sources: - 400,000 3,500,000 5,100,000
3,900,000
Capital Expenditures:
Property Acquisition - - -
-
Design - 400,000 1,528,400 -
1,928,400
Demolition - - - -
-
Construction - 1,971,600 5,100,000
1,971,600
Total Expenditures: - 400,000 3,500,000 5,100,000
3,900,000
Forecasted Project Cost:
Total
2017 2018 2019 2020
2015 -2020
Funding Sources:
Fund 321 - Unrestricted Fund Balance - - - -
-
Grants- Secured -State - - - -
3,000,000
REET 1 - - - -
1,059,219
Other (Solid Waste Fees) - - - -
-
Other - - - -
4,540,781
Total Funding Sources: - - - -
8,600,000
Capital Expenditures:
Property Acquisition - - - -
-
Design - - -
1,528,400
Professional Services - - - -
-
Construction - - - -
7,071,600
Total Expenditures: - - - -
8,600,000
Grants / Other Sources: Washington State capital budget appropriation through the Department of Commerce
180
ORD.B
Page 75 of 176
City of Auburn Draft Capital Facilities Plan
COMMUNITY AND YOUTH /TEEN CENTER
Current Facilities
The City of Auburn currently does not have a Community and Youth /Teen Center.
Level of Service (LOS)
The City does not have a current LOS for a Community Center. The proposed LOS of 234.50
square feet per 1,000 population is based on the projected inventory divided by the 2020
projected citywide population of 85,288.
Capital Facilities Projects and Financing
The proposed Community and Youth /Teen Center facility construction project will cost
approximately $9,000,000 and the project detail worksheet is presented on page 180.
Impact on Future Operating Budgets
As Table PR — 3 shows, estimated operating budget impact of $750,000 is forecasted for the
Community and Youth /Teen Center Facility during the six years 2016 -2021.
TABLE PR -4
Facilities Inventory
Community and Youth /Teen Center
FACILITY
CAPACITY
(Square Feet)
LOCATION
Existing Inventory:
None
Total Existing Inventory
Proposed Capacity Projects:
New Youth /Teen Center (Remodel) 7,000
New Community Center 13,000
Total Proposed Capacity Projects 20,000
2020 Projected Inventory Total 20,000
195
ORD.B
Page 76 of 176
City of Auburn Draft Capital Facilities Plan
SENIOR CENTER
Current Facilities
The City of Auburn currently has one Senior Center. Table PR -5 Facilities Inventory lists the
facility along with its current capacity and location.
Level of Service (LOS)
The current LOS of 168.83 square feet per 1,000 population is based on the existing inventory
divided by the 2014 citywide population of 74,630. The proposed LOS of 147.73 square feet
per 1,000 population is based on the projected inventory divided by the 2020 projected citywide
population of 85,288.
Capital Facilities Projects and Financing
The CFP does not include any senior center capital facilities projects during 2015 -2020.
Impact on Future Operating Budgets
There are no operating budget impacts forecasted for the senior center facility during the six
years 2016 — 2021.
TABLE PR -5
Facilities Inventory
Senior Center
FACILITY
CAPACITY
(Square Feet)
LOCATION
Existing Inventory.:
Senior Center 12,600 808 9th Street SE
Total Existing Inventory 12,600
Proposed Capacity Projects:
None
Total Proposed Capacity Projects
2020 Projected Inventory Total 12,600
196
ORD.B
Page 77 of 176
City of Auburn Draft Capital Facilities Plan
AIRPORT
Current Facilities
The City of Auburn operates the Auburn Municipal Airport, providing hangar and tie -down
facilities /leasing space for aircraft- related businesses. As of 2010, there were approximately
141,000 take -offs and landings (aircraft operations) at the airport annually. Table A -1 "Facilities
Inventory" lists the facilities with current capacity and location. Currently the Airport is in the
process of updating the Master Plan which will be completed in 2014.
Level of Service (LOS)
The Auburn Municipal Airport Master Plan Update 2001 -2020 provides a maximum runway
capacity (LOS standard) of 231,000 aircraft operations annually; one take -off or landing equals
one aircraft operation. This LOS is recognized by the Federal Aviation Administration (FAA).
The FAA requires the airport to have the capital facilities capacity (i.e., runways, taxiways,
holding areas, terminal, hangars, water /sewer system, etc.) necessary to accommodate 100%
of aircraft operations during any one year. By 2020 the Airport Master Plan forecasts the
number of operations to be 193,189 — well below the capacity of the airport runway.
Capital Facilities Projects and Financing
The City's Airport facilities include thirteen non - capacity capital projects at a cost of $ 3,893,170.
These projects include the South T- Hangar Row 3 enclosure, runway extension project and land
acquisition for future approaches. Table A -2 shows the proposed financing plan followed by
individual worksheets showing the project detail.
Impact on Future Operating Budgets
There are no operating expense budget impacts forecast for the airport during the six years
2016 — 2021. The South T- Hangar Row 3 enclosure project is anticipated to increase the
hangar rental revenue by approximately $60,000 per year beginning in 2016.
TABLE A -1
Facilities Inventory
Airport
FACILITY
CAPACITY
# of Aircraft # of Feet LOCATION
Existing Inventory ::
Hangars 145 400 23rd Street NE
Tiedowns 214 400 23rd Street NE
Air Strip 3,400 400 23rd Street NE
Total Existing Inventory 359 3,400
Proposed Capacity Projects:
2020 Land Acquisition 30 400 23rd Street NE
2017 Runway Extension 718 400 23rd Street NE
Total Proposed Capacity Projects 30 718
2020 Projected Inventory Total 389 4,118
225
ORD.B
Page 78 of 176
TABLE A -2
City of Auburn Draft Capital Facilities Plan
CAPITAL FACILITIES PLAN PROJECTS AND FINANCING
AIRPORT
2015 2016 2017 2018 2019 2020 Total
Capacity Projects:
None
Non - Capacity Projects:
1 Airport Security Camera & Gate Access Upgrades
Capital Costs 70,000 70,000
Funding Sources:
Airport Fund 3,500 3,500
Grant 66,500 66,500
2 South T- Hangar Row 3 Enclosure
Capital Costs 347,000 - 347,000
Funding Sources:
Airport Fund 347,000 - 347,000
Grant - -
3 Obstruction Survey for NexGen /GPS Approach
Capital Costs 210,000 210,000
Funding Sources:
Airport Fund 10,500 10,500
Grant 199,500 199,500
4 Land Acquisition for Future Approaches
Capital Costs 420,000 420,000
Funding Sources:
Airport Fund 21,000 21,000
Grants 399,000 - 399,000
5 Wildlife Hazard Assessment
Capital Costs 16,125 - 16,125
Funding Sources:
Airport Fund 806 806
Grants 15,319 15,319
6 Runway Enhancements
Capital Costs 161,000 140,000 1,064,000 1,365,000
Funding Sources:
Airport Fund 8,050 7,000 53,200 68,250
Grants 152,950 133,000 1,010,800 - 1,296,750
7 Automated Weather Observation System
Capital Costs 268,800 - 268,800
Funding Sources:
Airport Fund 13,440 13,440
Grants 255,360 255,360
8 Fuel Farm
Capital Costs 140,000 140,000
Funding Sources:
Airport Fund 140,000 140,000
Grants - -
226
ORD.B Page 79 of 176
City of Auburn Draft Capital Facilities Plan
AIRPORT FUND (435)
Six Year Capital Facilities Plan, 2015 -2020
Capital Facilities Plan
Enterprise Funds
Project Title:
Project No:
Project Type:
Project Manager:
Runway Enhancements
c p * * **
Non - Capacity
Shelley Coleman
Description:
Enhance Runway 16/34 per Airport Layout Plan & Master Plan Update for increased safety and utilization.
Progress Summary:
Environmental Assessment is planned for 2015.
Future Impact on Operating Budget:
Activity:
2014 YE
2015 Year End
Funding Sources:
Prior to 2014
Estimate
2015 Budget
2016 Budget
Project Total
Unrestricted Airport Revenue
-
8,050
7,000
8,050
Federal Grant - Unsecured
-
-
144,900
126,000
144,900
State Grant - Unsecured
-
-
8,050
7,000
8,050
Total Funding Sources:
-
-
161,000
140,000
161,000
Capital Expenditures:
Design
-
-
-
140,000
-
Environmental Assessment
-
-
161,000
-
161,000
Construction
-
-
-
-
-
Total Expenditures:
-
-
161,000
140,000
161,000
Forecasted Project Cost:
Total
2017
2018
2019
2020
2015 -2020
Funding Sources:
Unrestricted Airport Revenue
53,200
-
-
-
68,250
Federal Grant - Unsecured
957,600
-
-
-
1,228,500
State Grant - Unsecured
53,200
-
-
-
68,250
Total Funding Sources:
1,064,000
-
-
-
1,365,000
Capital Expenditures:
Design
-
-
-
-
140,000
Environmental Assessment
-
-
-
-
161,000
Construction
1,064,000
-
-
-
1,064,000
Total Expenditures:
1,064,000
-
-
-
1,365,000
Grants / Other Sources:
233
ORD.B
Page 80 of 176
City of Auburn Draft Capital Facilities Plan
AIRPORT FUND (435)
Six Year Capital Facilities Plan, 2015 -2020
Capital Facilities Plan
Enterprise Funds
Project Title:
Project No:
Project Type:
Project Manager:
Automated Weather Observation System
cp * * **
Non - Capacity
Shelley Coleman
Description:
Install weather reporting equipment for instrument approach.
Progress Summary:
Future Impact on Operating Budget:
Activity:
Funding Sources:
Unrestricted Airport Revenue
Federal Grant - Unsecured
State Grant - Unsecured
Total Funding Sources:
Capital Expenditures:
Design
Right of Way
Construction
Total Expenditures:
Prior to 2014
2014 YE
Estimate
2015 Budget
2016 Budget
2015 Year End
Project Total
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Forecasted Project Cost:
Funding Sources:
Unrestricted Airport Revenue
Federal Grant -Unsecured
State Grant - Unsecured
Total Funding Sources:
Capital Expenditures:
Design
Right of Way
Construction
Total Expenditures:
2017
2018
2019
2020
Total
2015 -2020
-
-
-
-
-
-
13,440
241,920
13,440
-
-
-
13,440
241,920
13,440
-
-
-
-
-
-
-
-
268,800
-
-
268,800
-
-
-
268,800
-
-
268,800
-
-
268,800
-
268,800
Grants / Other Sources:
234
ORD.B
Page 81 of 176
ORDINANCE NO. 6 5 4 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO PLANNING;
ADOPTING COMPREHENSIVE PLAN TEXT AMENDMENTS
PURSUANT TO THE PROVISIONS OF RCW CHAPTER
36.70A
WHEREAS, on August 18, 1986, the City Council of the City of Auburn adopted
a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the
location of the Comprehensive Plan Land Use Designations throughout the City; and
WHEREAS, on April 17, 1995, the Auburn City Council adopted Comprehensive
Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth
Management Act; and
WHEREAS, on September 5, 1995, the Auburn City Council reaffirmed that
action by its adoption of Ordinance No. 4788; and
WHEREAS, the City of Auburn published in the Seattle Times Newspaper an
advertisement that the City was accepting comprehensive plan amendment applications
and established a deadline for submittal of June 6, 2014; and
WHEREAS, the City of Auburn received two privately- initiated map amendments
(File Nos. CPA14 -0002 & CPA14 -0003) however these applications were not complete
for processing; and
WHEREAS, the City of Auburn initiated five text/policy amendments (File No.
CPA14- 0001); and
WHEREAS, the Comprehensive Plan text/policy amendments were processed
by the Community Development & Public Works Department as proposed Year 2014
amendments to the City of Auburn Comprehensive Plan; and
Ordinance No. 6541
November 12, 2014
OR9.S 1 Page 82 of 176
WHEREAS, maintaining a current Capital Facilities Plan is required of the City in
order to meet regulations of the Growth Management Act under RCW 36.70A; and
WHEREAS, the environmental impacts of the proposed Year 2014
Comprehensive Plan amendments were considered in accordance with procedures of
the State Environmental Policy Act (File No. SEP14- 0011); and
WHEREAS, the proposed amendments were transmitted to the Washington
State Department of Commerce, Growth Management Services Division and other
State agencies for the 60 -day review period in accordance with RCW 36.70A.106; and
WHEREAS, after proper notice published in the City's official newspaper at least
ten (10) days prior to the date of hearing, the Auburn Planning Commission on
November 5, 2014, conducted a public hearing on the proposed amendments; and
WHEREAS, at the public hearing the Auburn City Planning Commission heard
and considered the public testimony and the evidence and exhibits presented to it; and
WHEREAS, the Auburn City Planning Commission thereafter made
recommendations to the City Council on the proposed Year 2014 Comprehensive Plan
map and text amendments; and
WHEREAS, on November 10, 2014, the Planning and Community Development
Committee of the Auburn City Council reviewed the Planning Commission's
recommendations made a recommendation to the City Council; and
WHEREAS, on November 17, 2014, the Public Works Committee of the Auburn
City Council reviewed the Planning Commission's recommendations; and
Ordinance No. 6541
November 12, 2014
OK9.t2
Page 83 of 176
WHEREAS, on December 1, 2014, the Auburn City Council considered the
proposed Comprehensive Plan amendments as recommended by the City of Auburn
Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The 2014 Comprehensive Plan city- initiated Text Amendments
(CPA14- 0001), are adopted and approved as set forth in Exhibit "A" attached hereto
and incorporated herein by reference. The City Clerk shall file Exhibit "A" along with this
Ordinance and keep them available for public inspection. The full text of the Capital
Facilities Plan of the City and the four school district's Capital Facilities Plans are
adopted with the City's Comprehensive Plan, copies of which shall be on file with the
Office of the City Clerk. The City Clerk shall file them along with this Ordinance and
keep them available for public inspection. Council adopts both the Planning
Commission's recommendations, dated November 5, 2014, and the findings and
conclusions outlined in the November 6, 2014, staff report, attached as Exhibit "B ".
Section 2. The 2013 Comprehensive Plan amendments modify the
Comprehensive Plan adopted on August 18, 1986, by Resolution No. 1703 and
adopted by Ordinance No. 4788 on September 5, 1995.
Section 3. The adopted Comprehensive Plan as amended is designated as a
basis for the exercise of substantive authority under the Washington State
Environmental Policy Act by the City's responsible environmental official in accordance
with RCW. 43.21C.060.
Ordinance No. 6541
November 12, 2014
OKV.t3 Page 84 of 176
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any
reason held invalid or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation to include
incorporating into one document the adopted Comprehensive Plan map and text
amendments, attached hereto as Exhibit "A" and Exhibit "B" preparing and publishing
the amended Comprehensive Plan.
INTRODUCED:
PASSED:
APPROVED:
Nancy Backus
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR. ED A TO FORM:
D.G1r B. Heid,
City Attorney
Published:
Ordinance No. 6541
November 12, 2014
ORE e4
Page 85 of 176
Exhibit "A"
The Auburn, Dieringer, Federal Way and Kent School District
Capital Facilities Plans,
City of Auburn Capital Facilities Plan,
(See "Comp. Plan Policy/Text Amendments" tab in the working binder, a
copy of which is on file in the office of the City Clerk, which copy is
incorporated herein by this reference.)
Ordinance No. 6541
November 12, 2014
oRn5
Page 86 of 176
Exhibit "B"
Staff report dated November 6, 2014, which included the Findings
and Conclusions adopted by the Planning Commission.
Ordinance No. 6541
November 12, 2014
ORM6 Page 87 of 176
CITY OF
AUB
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
CPA14 -0001, 2014 Comprehensive Plan Amendments — City
Initiated Plan Policy/Text Amendments
Date:
November 6, 2014
Department: Community
Development & Public Works
Attachments: See separate
summary matrix and the
policy /text amendment sections of
the binder
Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to review
planning commission recommendation on 2014 City- Initiated Comprehensive Plan
Amendments.
Background Summary:
The City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the
Washington State Growth Management Act (GMA) requirements, as amended. Since then the Auburn
Comprehensive Plan has been amended annually.
Comprehensive plan amendments can be initiated by the City of Auburn (city - initiated) and by private
citizens (privately- initiated) This year the city is initiating
• Five policy /text amendments.
• (No map amendments are proposed with this year's amendment process)
In addition, this year the city received two privately- initiated plan map amendments by the submittal
deadline. However, since the two applications for adjacent sites by the same Applicant were submitted
without the necessary environmental checklist application (required pursuant to the State Environmental
Policy Act (SEPA)), the Applicant has agreed to defer the city's consideration of the applications until
consideration of the larger overall Comprehensive Plan Update effort in 2015.
This staff report and recommendation addresses Comprehensive Policy /Text (P/T) Amendments P/T # 1
through # 5. This is the only staff report associated with the annual comprehensive plan amendment
process.
In terms of process, the Comprehensive plan amendments are initially reviewed during a public hearing
process before the City of Auburn Planning Commission, who then provides a recommendation to the City
Council for final action. City Council consideration and action on the amendments generally occurs but is
not required prior to the end of the year.
Reviewed by Council & Committees:
• Arts Commission COUNCIL
• Airport • Finance
• Hearing Examiner ❑ Municipal
• Human Services • Planning
• Park Board • Public
►� Planning Comm. • Other
COMMITTEES
Services
& Dev
Works
Reviewed by Departments & Divisions:
• Building • M &O
• Cemetery • Mayor
• Finance • Parks
• Fire ►5 Planning
• Legal • Police
►5 Public Works • Human Resources
Action:
Committee Approval:
Council Approval.
Referred to
Tabled
ales ❑No
❑Yes ❑No
Call for Public Hearing _ /_ /,
Until / /
Until / /
Councilmember: Holman
Staff: Tate
Meeting Date: November 10, 2014
Item Number:
Page 1 of 8
ORD.B
AUBURN * MORE THAN YOU IMAGIN 88 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
At its November 5, 2014 public hearing, the Planning Commission reviewed the following annual
comprehensive plan amendments:
P/T #1 — Incorporate Auburn School District Capital Facilities Plan
P/T #2 — Incorporate Dieringer School District Capital Facilities Plan
P/T #3 — Incorporate Federal Way School District Capital Facilities Plan
P/T #4 — Incorporate Kent School District Capital Facilities Plan
P/T #5 — Incorporate City of Auburn Capital Facilities Plan
The Planning Commission has forward its recommendation for approval to the City council on
all comprehensive plan amendments.
The 2014 Comprehensive Plan Amendments were previously reviewed by the Planning and
Community Development Committee of the city council at the June 23, 2014 regular meeting.
A. Findings
1. RCW 36.70A.130 (Washington State Growth Management Act (GMA)) provides for
amendments to locally adopted GMA comprehensive plans. Except in limited circumstances
provided for in State law, comprehensive plan amendments shall be considered by the city
or county legislative body no more frequently than once per year.
2. The City of Auburn established a June 6, 2014 deadline for the submittal of privately -
initiated comprehensive plan applications (map or policy /text). Notice to the public of the
filing deadline was provided on the City's website, the Seattle Times Newspaper, and sent
to a compiled notification list in May 2014. The City received two privately- initiated plan map
amendments by the submittal deadline. The Applicant agreed to defer the city's
consideration of the applications until consideration of the larger overall Comprehensive
Plan Update effort in 2015. The postponement was accepted by the Planning and
Community Development Committee at their June 23, 2014 meeting.
3. The City of Auburn received annual updates to the four school district Capital Facilities
Plans whose districts occur within the City of Auburn. These Capital Facilities Plans, as well
as the City's Capital Facilities Plan are referenced in Chapter 5, Capital Facilities, of the
Auburn Comprehensive Plan and are processed as Policy/Text (P/T) amendments.
4. The environmental review under the State Environmental Policy Act (SEPA) for the school
district capital facilities plans were prepared separately by each school district acting as their
own lead agency, as allowed by state law.
5. The environmental review under the State Environmental Policy Act (SEPA) for the
remaining amendment resulted in a Determination of Non - Significance (DNS) issued for the
City- initiated Comprehensive Plan Amendments on September 16, 2014 (City File # SEP14-
0011). The comment period ended September 30, 2014 and the appeal period ended
October 14, 2014.
6. The City did not receive any comments in response to the issuance of the Determination of
Non - Significance (DNS).
Page 2 of 8
ORD.B AUBURN * MORE THAN YOU IMAGINED of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy /Text
Amendments
Date: November 6, 2014
7. Each of the school district's acting as their own lead agency as allowed under SEPA
conducted their own environmental review and issued separate Determinations of Non -
Significance (DNS).
8. Auburn City Code Chapter 14.22 outlines the process for submittal of privately - initiated
amendments and the general processing of comprehensive plan amendments as follows:
"Section 14.22.100
A. The planning commission shall hold at least one public hearing on all proposed
amendments to the comprehensive plan. Notice of such public hearing shall be
given pursuant to Chapter 1.27 ACC and, at a minimum, include the following:
1. For site - specific plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of
record within a radius of 300 feet of the proposed map amendment
request, not less than 10 calendar days prior to the public hearing;
2. For area -wide plan map amendments:
a. Notice shall be published once in the official newspaper of the city not
less than 10 calendar days prior to the date of public hearing;
b. Notice shall be mailed by first class mail to all property owners of
record within the area subject to the proposed amendment;
c. Notice shall be posted in at least two conspicuous locations in the
area subject to the proposed amendment not less than 10 calendar
days prior to the date of the public hearing.
B. Notwithstanding the above, the director may expand the minimum noticing
provisions noted above as deemed necessary.
C. Planning Commission Recommendation. The planning commission shall conduct
a public hearing on all potential comprehensive plan amendments and shall
make and forward a recommendation on each to the city council. The planning
commission shall adopt written findings and make a recommendation consistent
with those findings to the city council.
D. The city council, if it elects to amend the comprehensive plan, shall adopt written
findings and adopt said amendments by ordinance.
E. State Review. All comprehensive plan amendments considered by the planning
commission shall be forwarded for state agency review consistent with RCW
36.70A.106.
F. Any appeal of an amendment to the comprehensive plan shall be made in
accordance with Chapter 36.70A RCW. (Ord. 6172 § 1, 2008.)"
9. As provided in the code, the Comprehensive Plan amendments are initially reviewed during
a public hearing process before the City of Auburn Planning Commission, who then provides
a recommendation to the City Council for final action. City Council consideration and action
on the amendments generally occurs, but is not required, prior to the end of the year.
10. Pursuant to RCW 36.70A.106, the proposed comprehensive plan amendments outlined in
this agenda bill were sent to the Washington State Office of Commerce and other state
agencies as required for the state review on October 9, 2014. The Washington State Office
of Commerce acknowledged receipt by letter dated October 13, 2014. No comments have
Page 3 of 8
ORD.B AUBURN * MORE THAN YOU IMAGINED
o of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
been received from the Washington State Department of Commerce or other state
agencies as of the writing of this report.
11. Due to the nature and limited number of policy /text changes, and the lack of private initiated
map amendments, the optional process for a public open house was not conducted as
provided for in the city code.
12. The notice of public hearing was published on October 14, 2014 in the Seattle Times which
is at least 10 -days prior to the Planning Commission public hearing scheduled for
November 5, 2014.
13. The 2014 Comprehensive Plan Amendments were previously reviewed by the Planning
and Community Development Committee of the city council at the June 23, 2014 regular
meeting.
14. On November 5, 2014 the Planning Commission conducted a public hearing on the
proposed annual amendments as part of the process required by code.
15. On November 10, 2014 the Planning and Community Development Committee of the city
council will review the planning commission's recommendation.
16. The following report identifies the Comprehensive Plan Map Policy/Text (P/T) amendments
that were scheduled for the Planning Commission's November 5, 2014 public hearing with a
staff recommendation and the subsequent Planning Commission recommendation.
November 5, 2014 Planning Commission Public Hearing
Comprehensive Plan Map Amendments (File No. CPA14 -0001)
(No map amendments are proposed with this year's amendment process)
Comprehensive Plan Policy /Text Amendments (File No. CPA14 -0001)
P/T #1
Incorporate Auburn School District Capital Facilities Plan 2014 through 2020 into the City of
Auburn Comprehensive Plan.
Discussion
The Auburn School District has provided the City with its annually updated Capital Facilities
Plan (CFP) covering from 2014 -2020. The CFP was adopted by the Auburn School District
School Board of Directors on June 9, 2014 and has been subject to separate SEPA review and
a Determination of Non Significance (DNS). Information contained in the School District CFP
serves as the basis for the City's collection of school impact fees on behalf of the school district.
The Planning Commission action is incorporation of the Auburn School District Capital Facilities
Plan into the City's Comprehensive Plan.
The CFP includes the following:
• six —year enrollment projections
• Auburn school district level of service standards
• The district's overall capacity of the 6 -year period
Page 4 of 8
ORD.B AUBURN MORE THAN YOU IMAGINED of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
• An inventory of existing facilities
• Impact fee calculations
• District capital construction Plan
A review of the Auburn School District's updated Capital Facilities Plan indicates the District
is requesting a change in the fee obligations. The net fee obligation for single - family
dwellings is proposed to be $4,137.21, a decrease of $1,261.72 and the requested fee for
multiple - family dwellings is $3,518.17, an increase of $130.33. The actual impact fee to be
assessed is set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Auburn School District Capital Facilities
Plan 2014 through 2020 to the City Council
Planning Commission Recommendation
Planning Commission to recommend approval of the Auburn School District Capital Facilities
Plan 2014 through 2020 to the City Council
P /T #2
Incorporate the Dieringer School District Capital Facilities Plan 2015 -2020 into the City of
Auburn Comprehensive Plan.
Discussion
The Dieringer School District has provided the City with its annually updated Capital Facilities
Plan 2015 - 2020. The CFP was adopted by the Dieringer School District Board of Directors on
June 17, 2014. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City's collection of school
impact fees on behalf of the school district. The Planning Commission action is incorporation of
the School District Capital Facilities Plan into the City's Comprehensive Plan.
The CFP includes the following:
• Overview
• An inventory of existing facilities
• six —year enrollment projections
• standard of service
• Capacity projects
• Finance plan
• Impact fee calculations
A review of the Dieringer School District's updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for single - family
dwellings is proposed to be $5,231.00, an increase of $2,016.00 and the requested fee for
multiple family dwellings is $1,839; an increase of $144.00. The actual impact fee to be
assessed is set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Dieringer School District Capital Facilities
Plan 2015 -2020 to the City Council.
Page 5 of 8
ORD.B AUBURN * MORE THAN YOU IMAGINED of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy/Text
Amendments
Date: November 6, 2014
Planning Commission Recommendation
Planning Commission to recommend approval of the Dieringer School District Capital Facilities
Plan 2015 -2020 to the City Council.
During the course to the deliberation, the Planning Commission asked that the calculations
contained in the Dieringer School District Capital Facilities Plan 2015 -2020 be carefully
reviewed.
P/T #3
Incorporate Federal Way School District's 2015 Capital Facilities Plan into the City of Auburn
Comprehensive Plan.
Discussion
The Federal Way School District has provided the City with its annually updated Capital
Facilities Plan (2015). The CFP was adopted by the Federal Way School District School Board
June 24, 2014. The CFP has been subject to separate SEPA review and a DNS. Information
contained in the School District CFP serves as the basis for the City's collection of school
impact fees on behalf of the school district. The Planning Commission action is incorporation of
the School District Capital Facilities Plan into the City's Comprehensive Plan.
The CFP includes the following:
• Introduction
• Inventory of educational facilities & non - instructional facilities
• Needs forecast, existing & new facilities
• Six —year finance plan
• Maps of district boundaries
• Building capacities & portable locations
• Student forecast
• Capacity summaries
• Impact fee calculations
• Summary of changes from the 2014 plan
A review of the Federal Way School District's updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for single - family
dwellings is proposed to be $5,171.00, representing a decrease of $192.00 and the
requested fee for multi - family dwellings is $1,834.00, a decrease of $90.00. The actual
impact fee to be assessed is set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Federal Way School District's 2015
Capital Facilities Plan to the City Council
Planning Commission Recommendation
Planning Commission to recommend approval of the Federal Way School District's 2015
Capital Facilities Plan to the City Council
P/T #4
Incorporate Kent School District Capital Facilities Plan 2014 -2015 to 2019 -2020 into the City of
Auburn Comprehensive Plan.
Page 6 of 8
ORD.B AUBURN * MORE THAN YOU IMAGINE 3 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy /Text
Amendments
Date: November 6, 2014
Discussion
The Kent School District has provided its annually updated 2014 -2015 to 2019 -2020 Capital
Facilities Plan. The CFP was adopted by the Kent School District School Board on June 25,
2014 and has been subject to separate SEPA review and a DNS. Information contained in the
School District CFP serves as the basis for the City's collection of school impact fees on behalf
of the school district. The Planning Commission action is incorporation of the School District
Capital Facilities Plan into the City's Comprehensive Plan.
The CFP includes the following:
• Executive Summary
• Six -year enrollment projection & history
• District standard of service
• Inventory, capacity & maps of existing schools
• Six -year planning & construction plan
• Portable classrooms
• Projected classroom capacity
• Finance Plan, cost basis and impact fee schedules
• Summary of changes to previous plan
A review of the Kent School District's updated Capital Facilities Plan indicates the District is
not requesting a change in the fees. The Plan indicates the continuing net fee obligation for
single - family dwellings of $5,486.00, representing no change, and for multi - family dwellings
a fee of $3,378.00, also representing no change. The actual impact fee to be assessed is
set by ordinance by the Auburn City Council.
Staff Recommendation
Planning Commission to recommend approval of the Kent School District Capital Facilities Plan
2014 -2015 to 2019 -2020 to the City Council
Planning Commission Recommendation
Planning Commission to recommend approval of the Kent School District Capital Facilities Plan
2014 -2015 to 2019 -2020 to the City Council
CPM #5
Incorporate the City of Auburn's 6 -year Capital Facilities Plan 2015 -2020, into the City's
Comprehensive Plan.
Discussion
A Capital Facilities Plan is one of the comprehensive plan elements required by the Washington
State Growth Management Act (GMA) (RCW 36.70A). The GMA requires that a capital facilities
plan include an inventory of existing capital facilities (showing locations and capacities), a
forecast of future needs for such capital facilities, proposed locations and capacities of new or
expanded capital facilities, and a minimum of a six -year plan to finance capital facilities with
identified sources of funding. The proposed City of Auburn 6 -year Capital Facilities Plan 2015-
2020 satisfies the GMA requirements for a capital facilities element as part of the
Comprehensive Plan.
Page 7 of 8
ORD.B AUBURN * MORE THAN YOU IMAGINE 4 of 176
Agenda Subject: CPA14 -0001, 2014 Comprehensive Plan
Amendments — City Initiated Plan Map Amendments and Policy /Text
Amendments
Date: November 6, 2014
Each comprehensive plan prepared under the GMA must include a capital facilities plan
element. More specifically, RCW 36.70A.070(3) of the GMA requires the following:
"A capital facilities plan element consisting of:
(a) An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities;
(b) a forecast of the future needs of such capital facilities;
(c) the proposed locations and capacities of expanded or new capital facilities;
(d) at least a six -year plan that will finance such capital facilities within projected
funding capacities and clearly identifies sources of public money for such
purposes; and
(e) a requirement to reassess the land use element if probable funding falls short
of meeting existing needs and to ensure that the land use element, capital
facilities plan element, and financing plan within the capital facilities plan element
are coordinated and consistent. Park and recreation facilities shall be included in
the capital facilities plan element."
A capital facility is defined as a structure, street or utility system improvement, or other long -
lasting major asset, including land. Capital facilities are provided for public purposes. Capital
facilities include, but are not limited to, the following: streets, roads, highways, sidewalks, street
and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer
systems, parks and recreation facilities, and police and fire protection facilities. These capital
facilities include necessary ancillary and support facilities.
The memo dated October 2, 2014 from the City's Finance Department contained in the three
ring binder highlights the major changes in the CFP from last year. The proposed City of
Auburn 6 -year Capital Facilities Plan 2015 -2020 is incorporated by reference in the
Comprehensive Plan, Chapter 5, Capital Facilities.
Staff Recommendation
Planning Commission to recommend approval of the City of Auburn's 6 -year Capital Facilities
Plan 2015 -2020 to the City Council.
Planning Commission Recommendation
Planning Commission to recommend approval of the City of Auburn's 6 -year Capital Facilities
Plan 2015 -2020 to the City Council with the amendment that the Planning Commission
recommends that the City study the extension of sidewalks along Auburn Way South, south of
Hemlock Street SE for pedestrian safety reasons.
Page 8 of 8
ORD.B
AUBURN* MORE THAN YOU IMAGINED 9D of 176
Year 2014 Annual Comprehensive Plan Amendment (CPA) Summary
(CPM = Comprehensive Plan Map Amendment; P/T = Policy /Text Amendment)
Created: November 12, 2014
ORD.B
Page 96 of 176
Page 1 of 1
Description
Staff
Recommendation
Planning Commission
Recommendation
PCDC
Recommendation
City Council
Action
P/T
#1
Auburn School
District Capital
Facilities Plan
Incorporate Auburn School District 2014 -2020
Capital Facilities Plan, as part of the Auburn
Comprehensive Plan.
Approval
Approval
Approval
PC Hearing was conducted on November 5, 2014. Bob
Kenworthy, Assistant Director, Capital Projects, Auburn School
District, testified in favor of the request.
P/T
#2
Dieringer School
District Capital
Facilities Plan
Incorporate the Dieringer School District Capital
Facilities Plan 2015 -2020 as part of the Auburn
Comprehensive Plan.
Approval
Approval
Approval
PC Hearing was conducted on November 5, 2014. No public
testimony.
The Planning Commission deliberation asked that the city council carefully
consider the CFP.
P/T
#3
Federal Way
Capital Facilities
Plan
Incorporate Federal Way School District 2015
Capital Facilities Plan, as part of the Auburn
Comprehensive Plan.
Approval
Approval
Approval
PC Hearing was conducted on November 5, 2014. Due to conflict
with other City's meetings, Tanya Nascimento, Enrollment and
Demographic Analyst, Federal Way School District, submitted a
letter dated November 4, 2014 supporting the request.
P/T
#4
Kent School
District Capital
Facilities Plan
Incorporate Kent School District 2014/2015—
2019/2020 Capital Facilities Plan, as part of the
Auburn Comprehensive Plan.
Approval
Approval
Approval
PC Hearing was conducted on November 5, 2014. Ralph
Fortunato, CSBC, Director of Fiscal Services for the Kent School
District testified in favor of the request.
P/T
City of Auburn's
6 -year Capital
Facilities Plan
Incorporate the City of Auburn's 6 -year Capital
Facilities Plan 2015 -2020, into the City's
Comprehensive Plan.
Approval
Approval
The PC recommended
approval with the revised
pages and with the
amendment that the
Planning Commission
recommends that the City
study the extension of
sidewalks along Auburn
Way South, south of
Hemlock Street SE for
pedestrian safety reasons.
Approval
PC Hearing was conducted on November 5, 2014. No public
testimony.
Subsequent to the Planning Commission's packet preparation and
distribution, it was identified that pages 174, 176, 180, and 195 of
the CFP needed to change. The reason for change is to reflect
financial prioritization of the Auburn Community Center & Youth
/Teen Center (cp0925 cp1412). Also, pages 226 and 233 were
changed to reflect a revision to the title of an airport project.
The PC recommended approval with the revised pages and with
the amendment that the Planning Commission recommends that
the City study the extension of sidewalks along Auburn Way South,
south of Hemlock Street SE for pedestrian safety reasons.
Created: November 12, 2014
ORD.B
Page 96 of 176
Page 1 of 1
AuBuRN
Irk' OF �
wAs - IENGTo
Agenda Subject:
Resolution No. 5106
Department:
Information Services
AGENDA BILL APPROVAL FORM
Attachments:
Res 5106
Administrative Recommendation:
Date:
October 1, 2014
Budget Impact:
$0
City Council adopt Resolution No. 5106
Background Summary:
The City of Auburn currently has a photo enforcement program which Committee
requested we reevaluate and publish an RFP for similar services. A committee was
set up to represent city departments to write, review, and publish the RFP.
Departments included Engineering, Police, Legal, IT, and Finance. Three vendors
responded, including Red Flex, ATS, and GATSO USA, Inc. After careful review of
the companies, technology, services, and references, the committee selected GATSO
USA, Inc. to recommend to Committee and Council.
The selected respondent is being recommended based on the criteria identified by
RFP as well as importance to Auburn's Council and public safety vision of an effective
system. These include, but are not limited to:
Recommendation: GATSO USA, Inc. Beverly, MA
Contract Term: 3 years
Cost: $3,900.00 per camera per location
Termination Cause: By mutual agreement, For Convenience: Based on flat fee
cancellation and /or camera construction depreciation or contract breach.
Revenue Neutral: If after 3 months a location does not produce revenue to pay for
camera, remaining balance will be zero. Company has right to evaluate new location
at that point.
RES.A
AUBURN * MORE THAN YOU IMAGINED Page 97 of 176
Technology: Fully enclosed portable solution. Speed, light, auto license reader, and
traffic count capabilities.
Portability: City can move and install with credit to city or by vendor as necessary per
location.
Reviewed by Council Committees:
Municipal Services, Public Works
Councilmember: Peloza Staff: Tiedeman
Meeting Date: November 17, 2014 Item Number: RES.A
RES.A
AUBURN * MORE THAN YOU IMAGINED Page 98 of 176
RESOLUTION NO. 5 1 0 6
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 GATSO USA, INC., FOR PHOTO RED
LIGHT AND SPEED ENFORCEMENT PROGRAMS
WHEREAS, state law allows cities to utilize photo red light and mobile speed
enforcement programs, within certain restrictions and limitations; and
WHEREAS, to address the public safety concerns involved in people running red
lights or speeding in certain speed zones, including school zones, the City of Auburn is
interested in employing such programs; and
WHEREAS, Gatso USA, Inc., can provide the technology and business services
for a photo red Tight and speed enforcement program at a cost that is acceptable to the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an Agreement
between the City and Gatso USA, Inc., for photo red light and speed enforcement
programs, which agreement shall be in substantial conformity with the agreement
attached hereto as Exhibit 1 and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Resolution No. 5106
September 25, 2014
Page 1 of 2
RES.A Page 99 of 176
Dated and Signed this day of , 2014.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP: sVED ' S TO FORM
.
e !may Attorney
Resolution No. 5106
September 25, 2014
Page 2 of 2
RES.A Page 100 of 176
EXHIBIT I
Customer Agreement
This Customer Agreement ( "Agreement ") is made on the date on which the last party to sign this
Agreement so signs (the "Effective Date "), between Gatso USA, Inc., a Delaware corporation with a
principal business address at 900 Cummings Center, Suite, 222 -T, Beverly, Massachusetts 01915
( "Gatso ") and the City of Auburn, WA, with a principal business address at 25 West Main Street, Auburn,
WA 98001 (the "City ").
WHEREAS, the City wishes to retain the technology and business services of Gatso to provide a
Red Light Safety Enforcement and Speed Enforcement program to monitor red -light violations,
associated red -light traffic offenses and speed offenses as further defined in Section 3 of this Agreement
(the "Services "), as part of the City's automated traffic law enforcement program; and
WHEREAS, Gatso agrees to provide the Services, including the hardware and software to
implement a red -light photo- enforcement program ( "System "), pursuant to the terms of this Agreement;
and
WHEREAS, it is a mutual objective of both Gatso and the City to reduce the incidence of vehicle
collisions at the traffic intersections and city streets that will be monitored pursuant to the terms of this
Agreement.
NOW THEREFORE, the parties mutually agree as follows:
1. AGREEMENT TERM; TERMINATION
1.1. Initial Term; Extensions. The Agreement shall commence on the Effective Date and continue for
a period of three (3) years (the "Initial Term "). Upon expiration of the Initial Term, the
Agreement shall automatically renew each year for subsequent one (1) year terms or such longer
term as may be negotiated by the parties based on performance (each a "Renewal Term" and,
collectively with the Initial Term, the "Term ") subject to renewal pricing that will be provided
by Gatso to the City no less than sixty (60) days prior to the expiration of the then current Initial
Term or Renewal Term.
1.2. Termination By Agreement. This Agreement may be terminated at any time by the mutual
written agreement of Gatso and the City.
1.3. Termination For Cause. Either party may terminate this Agreement for cause if: (a) the other
party has breached its obligations under this Agreement; (b) applicable state or federal law is
amended to prohibit or substantially restrict the operation of automated traffic law enforcement
systems, including the System being provided by Gatso; or (c) any court of competent
jurisdiction rules that the System, or other similar systems, violates applicable state or federal
law or cannot otherwise be used to enforce notices of violation or citations issued hereunder.
The terminating party must provide thirty (30) days advance notice to the other party of its intent
to terminate, which notice must include the reasons for the termination. In the case of a breach
of this Agreement, the notice must provide the other party with an opportunity to cure the breach
within thirty (30) days after receipt of the notice. Notwithstanding the foregoing, in the event of
termination based upon (b) or (c) above, Gatso may suspend the System and all associated
Services immediately upon the effective date of such amendment or ruling, as applicable.
RES.A
Page 101 of 176
1.4. Termination By City For Convenience. The City may terminate this Agreement at any time for
its convenience by giving written notice to GATSO not less than 60 days prior to the termination
date. If the City terminates this Agreement for convenience at any time within the first three
years after the Effective Date (the "Three -Year Period "), then the City must pay GATSO a fee
for that termination in the amount of $700.00 per constructed fixed location camera (the
"Termination Fee ") for each month that remains in the Three -Year Period as of the termination
date. Termination Fee must be paid within 30 days after the termination date. There is no
Termination Fee if the City terminates after the end of the Three -Year Period, including the
remainder of the Initial Term and any Extended Term. For a non - constructed fixed location
camera installed on existing infrastructure, the Termination Fee shall be fixed at $2,000.00
regardless of time from the Effective Date. This section will survive the termination or
expiration of this Agreement.
1.5. Cessation of Activities Except Pending Violations. On the termination date (if this Agreement is
terminated for convenience pursuant to Section 1.4) or on the first day after any other date of
termination or expiration of this Agreement ( "Effective Date of Termination "), the image
capture activities provided by Gatso under this Agreement shall cease immediately. Gatso will
continue to provide the Services described in Sections 3.10 through 3.16 for violations that are
detected prior to the Effective Date of Termination until final disposition of all such violations.
1.6. Removal Of Hardware, Equipment; Restoration. Upon the termination of this Agreement, Gatso
shall promptly remove all cameras provided as part of its Services, which removal shall be
completed no later than thirty (30) days after the Effective Date of Termination. In the event
Gatso has installed any other hardware or equipment as contemplated by Section 3.2, Gatso shall
remove such hardware and equipment as directed by the City and restore the intersections to
substantially the same condition as existed prior to this Agreement and repair any damage
resulting from the installation or removal of Gatso hardware or equipment. Gatso shall use
commercially reasonable efforts such that removal and restoration activities occur within forty-
five (45) days after the Effective Date of Termination and do not unreasonably interfere with or
adversely affect traffic flow. This section will survive the termination or expiration of this
Agreement.
1.7. Warning Period. As used in this Agreement, the term "Warning Period" refers to a period of
the first thirty (30) days following the day upon which the first camera is installed and functional
pursuant to this Agreement. During the Warning Period, no citation other than warning notices
will be issued to motorists by Gatso. For any intersection approach that was enforced by the City
prior to the Effective Date and for which the City determines that a Warning Period is not
required, then references herein to the end or expiration of the Warning Period for such
intersection approach shall be the date when Gatso first operated a camera at such location.
2. COMPENSATION
2.1. Amount. The City shall pay to Gatso the following fees for the System and related Services
subject to the Adjustment to Fees set forth in Section 2.2.3 below:
2.1.1. A "Monthly Fee" of $3,900.00 per camera per month, after successful
completion of the demonstration described in Section 3.13, and commencing on
the first day after the Warning Period ends.
1' a g c 12
REsoAAuburn WA Customer Agreement, T- Series, rev. 103014
Page 102 of 176
2.1.2. A "Camera Relocation credit" of $500.00 for any T- Series camera relocated by
City in accordance with Section 3.3.
2.1.3. An "Expert Witness Fee" of an amount to be mutually agreed upon by the parties
for each court proceeding after two (2) per annual term year for which Gatso
provides Expert witnesses upon City request as set forth in Section 3.13.
2.2. Fee Payment.
2.2.1. Gatso shall provide an itemized, monthly invoice to the City within ten (10) days
of the first business day of the month. Gatso will provide the first invoice
hereunder to the City in the month immediately following the expiration of the
Warning Period.
2.2.2. For each invoice issued by Gatso pursuant to this Agreement, payment shall be
due within thirty (30) days from the date of invoice. Except where an invoiced
balance remains unpaid due to a monthly revenue shortfall, the City shall pay
Gatso an additional 1.5% monthly late fee for invoiced balances unpaid over
sixty (60) days from date of original invoice.
2.2.3. Adjustment to Fees. The total Monthly Fee paid by the City to Gatso pursuant to
Section 2.1.1, shall not exceed the total monthly revenue received by the City
from operation of the System for that month, less a monthly fee of $500.00 per
camera up to a maximum of $5,000.00 City Operating Cost adjustment, and any
amounts owed to other entities as required by law (hereinafter the "Adjusted
Monthly Revenue "). The amount by which the Monthly Fee exceeds the
Adjusted Monthly Revenue for any calendar month shall be carried over into the
following monthly invoice, and shall be paid by City as subsequent Adjusted
Monthly Revenues exceed subsequent total monthly fees.
2.2.4. Monthly Revenue Shortfall. If total Monthly Revenues are not sufficient to
offset the amounts carried over within three (3) months, Gatso may, in its
discretion, elect to move any underperforming cameras to new enforcement
locations. Thereafter, if Monthly Revenues from such relocated cameras
continue to be insufficient to offset the amounts carried over from the previous
location within another consecutive three (3) month period, Gatso shall waive
such amounts due provided that the City enters into a written mutual release of
claims reasonably acceptable to both parties. Such amounts shall be deemed full
consideration for any such release. Finally, if Gatso waives amounts due in
accordance with this Section two (2) consecutive times (two (2) consecutive
quarters), then Gatso may elect to remove one or more underperforming cameras
from the System.
2.2.5. Cost Neutrality. If, as of sixty days (60) after effective Date of Termination
(other than due to termination for cause by Gatso pursuant to Section 1.3(a)) or
the date of any expiration of this Agreement, there remains an unpaid balance of
total monthly fees due to insufficient Adjusted Monthly Revenue, Gatso shall
waive such amounts due.
2.2.6. Fees are Sole Compensation. The fees required pursuant to this Section 2 shall
be Gatso's sole compensation for the Service described herein. Except as
explicitly set forth herein, all costs and expenses associated with the supply,
installation, commissioning, operation, maintenance, repair, replacement, and
removal of the System and all related hardware and equipment shall remain the
1'agc 13
RGtsof, Auburn WA Customer Agreement, T- Series, rev. 103014
Page 103 of 176
responsibility of Gatso. This provision will survive the termination or expiration
of this Agreement.
3. SCOPE OF WORK
3.1. Gatso Project Manager. Gatso will designate one Gatso employee as the City's principal contact
at Gatso ( "Gatso Project Manager ").
3.2. Installation of Cameras. Gatso shall install, operate, and maintain cameras at arterial
intersections and school speed zone locations identified by the City based on community safety
and traffic needs. The cameras will be installed by Gatso on City owned or controlled poles at
the selected intersection approaches or enforcement locations. The City will provide Gatso with
access to such poles and electricity for operation of the cameras on such poles at no charge to
Gatso. In the event that there is no feasible pole located at an identified intersection approach,
the parties will negotiate in good faith as to whether Gatso will install a pole at such location
subject to the provisions of Exhibit A.
3.3. Initial Locations; Relocation; Training. Cameras will initially be installed at the locations
identified by the City and agreed to in writing by Gatso. Each camera will remain installed in a
single location for a minimum of three (3) months following the expiration of any applicable
Warning Period. Notwithstanding the foregoing, School zone cameras may be relocated, and
reconfigured for use by the City in alternate locations to include traffic monitoring, red light
violations or speed violations outside of school seasons. Upon ten (10) days prior written notice
from the City, Gatso will reconfigure, as necessary, and move a school zone or other camera to a
new location identified by the City in the manner described in Section 3.2. The City may elect to
have Gatso train one (1) or more of the City's technical staff members in how to move an
installed camera to a new intersection approach, including how to attach and align the camera, as
well as how to coordinate with Gatso personnel for necessary technical adjustments for a new
camera location. Once City designees have completed such training, upon seven (7) days prior
written notice from the City to Gatso, such designees may relocate a camera on a mutually
agreed date and time in accordance with such training to an intersection approach with a viable
camera pole. The City shall be responsible for any damage to a Gatso camera incurred during,
or as a result of, any relocation by the City. Any camera relocated by the City, in accordance
with this Section 3.3, will incur a Camera Relocation Credit as set forth in Section 2.1.2.
3.4. Signage. Gatso will provide and install Manual on Uniform Traffic Control Devices (MUTCD)
compliant standard signage for each approach road to an enforced intersection or location at no
cost to the City. Gatso shall also provide non- standard signage specified by the City (such as
signs that include welcome messages, logos, or other features), but the City shall bear all extra
costs attributable to any such non- standard features. Those extra costs shall be included in the
first invoice issued by Gatso to the City under this Agreement. All signage must be approved by
the City prior to installation by Gatso.
3.5. 24 -Hour Operation. Gatso shall operate the System on a continuous, 24 -hour basis, seven (7)
days per week, except for reasonable scheduled and unscheduled downtime, including System
maintenance and repairs as set forth in Section 3.6, and Force Majeure as set forth in Section 5.4.
3.6. System Maintenance; Repairs; Logs. Gatso shall maintain the System and shall promptly repair
or replace any damaged or defective equipment at its own expense except if the damage was
caused by the negligent operation of a City owned or controlled vehicle or other negligent act by
the City. Gatso shall perform preventative maintenance and cleaning of System components on
a regularly scheduled basis, including review, cleaning and testing of camera settings and
operation, communications, and other System components. Gatso will use commercially
Pagc 14
R %Auburn WA Customer Agreement, T- Series, rev. 103014
Page 104 of 176
reasonable efforts to notify the City and initiate repairs to the System within forty-eight (48)
hours after identification of any damage or a defect.
3.7. System Upgrades. In the event Gatso makes upgrades to the software or related performance
capabilities of the System generally available to its customers, Gatso will provide such upgrades
without charge to the City.
3.8. City Personnel Training. Gatso will provide System training related to the processing of
violations, including training documentation, to City personnel designated by the City.
3.9. Images and Data; Violation Package. Gatso will upload encrypted violation images and
embedded violation data to a Gatso server in a timely manner. Gatso shall correlate images and
data with DOL records, and shall assemble the images and data into an electronic violation
package (a "Violation Package ") in such a manner so as to allow the City to carry out those
responsibilities set forth in Section 4.3 of this Agreement.
3.10.Processing Of Violation Package. Gatso shall process Violation Packages through a system that
shall be accessible by the City's Police Department, or assigned business unit through the
internet to review, and approve or reject, each violation before a notice of violation is issued
related to that violation. Gatso shall notify the City of the list of supported web browsers for
accessing this system. Gatso will use commercially reasonable efforts to process violation
images and send a Violation Package to the City's Police Department for review within five (5)
business days after the violation has occurred. Gatso shall provide reasonable aid and assistance
in the preparation of documentation for the City's prosecution of citations issued hereunder as
may be required by a Court or quasi-judicial panel of competent jurisdiction.
3.11.Notices of Violation. After the City's timely review and direction to electronically transmit a
City approved violation on its behalf as set forth in Section 4.3, Gatso shall issue and mail the
notice of violation to the violator, and electronically file to the King County District Court in
accordance with with the current applicable Business Rules on file with the City. The notice of
violation with images and data related to the notice of violation shall be electronically submitted
to King County District Court within forty-eight (48) hours, in such form as required and
approved by State of Washington Administrative Offices of the Court (AOC) and by the King
County District Court (which requirements may change during the Term).
3.12.Hosting of Images; Call Center. The System shall allow the registered owner or owners of a
cited vehicle to review the images and data related to the notice of violation, through the web -
portal by using a unique identifier code issued as part of the notice of violation. Additionally,
Gatso will maintain a toll -free telephone number for registered owners to discuss notices of
violation, with hours of 8:00 a.m. to 5:00 p.m. (Pacific) Monday through Friday, not including
state and federal holidays.
3.13.Hearings. Gatso shall provide fact witnesses for up to two (2) court proceedings during each
year of the Initial Term and during each Renewal Term at no cost to the City as requested by the
City in writing at least fourteen (14) calendar days in advance of the court proceeding. If the
City requires additional fact witness testimony during any such annual period, the City will pay
Gatso $500.00 per witness requested to testify plus actual expenses (including refundable travel
expenses) and incidentals verified and approved by the City prior to travel. Reimbursement of
actual meal expenses will be based on Washington State IRS posted reimbursement rates. The
City may cancel any scheduled witness within 48 hours of the scheduled time of travel at no cost
to the City.
3.14.Demonstration; Approvals. Prior to installation of any cameras or other equipment Gatso shall
demonstrate to the City that Gatso has met all the electronic transmitting requirements of the
King County District Court for processing of the Violation Packages.
Page 15
RE so &Auburn WA Customer Agreement, T- Series, rev. 103014
Page 105 of 176
3.14.1. A successful demonstration shall include (a) at least three (3) documented,
successful electronic transmittals of Violation Packages during separate times
and days coordinated through King County Courts; (b) receipt by City of a
statement from King County District Court approving the process and confirming
test criteria completion.
3.14.2. The City shall review and approve the notice of violation form, and violation
package form prior to the System entering the Warning Period, as contemplated
by Section 1.7.
3.15.Storage Of Violation Packages. Gatso will store all captured violation data and images pursuant
to the policy established by the City and communicated to Gatso prior to the Effective Date, for a
period of three (3) years following the violation date. The City shall have reasonable access to
the Violation Packages during the storage period.
3.16.NLETS Requirements. All authorized Gatso or subcontractor personnel reviewing the vehicle
registration information obtained via the National Law Enforcement Telecommunications
System ( "NLETS ") on behalf of the City shall comply with all applicable State of Washington
and NLETS requirements.
3.16.1. Gatso will use commercially reasonable efforts to coordinate and integrate with
any and all current and future connections to ALPR Servers or other license
query programs designated by the City at no additional charge to the City.
3 17.Reports. Gatso shall provide monthly reports to the City comprised of statistics relating to the
functioning of the System, including but not limited to the number of captured violations, the
number of violations sent for Police Department approval, the number of notices of violation
issued, the number of notices of violation paid, the number of contested notices of violation, the
amount of scheduled and unscheduled downtime of the System, and such other data as may be
reasonably requested by the City. Reports shall be supplied upon request in electronic and or
hard -copy including but not limited to maintenance, repair, calibration, updates (software or
hardware), camera intersection logs if applicable, and related operational reports for review by
the city or as part of ongoing hearings or proceedings which may be required within a reasonable
period. Typically within 14 days of request.
3.18.The City shall be responsible for the submission of any reports mandated by the State of
Washington with regard to the operation of the System. Gatso will provide reasonable assistance
at the City's request.
3.19.Public Awareness. Gatso shall assist and support the City's efforts in public education and
awareness programs, by providing information including, but not limited to, violation statistics
and violation statistic improvements. Gatso shall provide the City with a pamphlet that the City
may reproduce and distribute to City residents; such pamphlet shall include a description of the
operation of the System in non - technical terms.
3.20.Insurance. Gatso shall, during the Term of this Agreement, maintain insurance coverage in at
least the minimum amounts set forth in this Section 3.20. In the event the WSDOT or the
Intergovernmental Risk Management Agency require additional coverages or coverage amounts,
the City shall notify Gatso of such requirements and Gatso shall update the insurance coverages
maintained pursuant to this Section 3.20 within thirty (30) days of such notice.
3.20.1. Workers' Compensation and Employer's Liability with limits not less than:
Workers' Compensation: statutory
Employer's Liability: $500,000.00 ea. accident -injury
Page 16
R(atsoAAuburn WA Customer Agreement, T- Series, rev. 103014
Page 106 of 176
$500,000.00 ea. employee- disease
$500,000.00 disease - policy
This insurance shall provide that coverage applies to the State of Washington.
3.20.2. Comprehensive Motor Vehicle Liability with limits for vehicles owned, non -
owned, or rented of not less than $1,000,000.00 Bodily Injury and Property
Damage Combined Single Limit.
3.20.3. Comprehensive General Liability with limits not less than $1,000,000.00 Bodily
Injury and Property Damage Combined Single Limit.
3.20.4. Umbrella Liability with limits not less than $2,000,000.00 Bodily Injury and
Property Damage Combined Single Limit. This policy shall apply in excess of
the limits stated in 3.20.1 through 3.20.3 above.
3.20.5. Gatso shall list the City as an additional insured under all of the policies
described in this Section 3.20 and shall file with the City certificates of insurance
reflecting the minimum insurance coverage and limits provided in this Section
3.20 prior to commencing work on the System.
4. CITY RESPONSIBILITIES
4.1. City Project Manager. The City will designate one City employee as Gatso's principal contact at
the City ( "City Project Manager ").
4.2. Cooperation. The City will cooperate with Gatso during all aspects of the planning, installation,
implementation, and operation of the System and perform any other City obligations set forth in
this Agreement. For each installation performed by Gatso pursuant to Section 3.2 and 3.3, the
City will provide to Gatso or its subcontractors assistance as reasonably requested by Gatso. The
City will not access, move or otherwise tamper with an installed camera except as specifically
set forth in Section 3.3.
4.3. Review Of Violations. The City will provide sworn City police officers, community service
officers or any other city employee designated by the City to carefully review each Violation
Package to determine whether: (a) the violation is approved and notices of violation can be
generated or (b) the violation is rejected. If the violation is rejected, the Police Department will
report to Gatso the basis for the rejection. The City is solely responsible for determining which
violations identified by Gatso are issued as citations and enforcing such citations and shall
inform Gatso of its determination within seven (7) days of receiving the respective Violation
Package.
4.4. Hearings. The City shall be solely and exclusively responsible for all aspects of the hearing
process as set forth in Auburn City Code Sec. 10.42.030, as it may from time to time be
amended. Gatso shall be required to provide assistance to the City relative to the hearing process
by providing a speed measuring device certificate that complies with Washington State
Infraction Rules for Courts of Limited Jurisdiction (IRLJ) § 6.6(b) and by providing expert
witnesses as set forth in Section 3.13. The terms and conditions of this Agreement shall apply to
any such assistance by Gatso.
4.5. Collections; Reporting_ The City will cause the King County District Court to collect infraction
fees as contemplated by this Agreement. The City shall diligently pursue collections of overdue
Pagc 17
R(asoAAuburn WA Customer Agreement, T- Series, rev. 103014
Page 107 of 176
and unpaid infraction fees. In the event a violator fails to pay or contest a notice of violation
within sixty (60) days of receipt, the City shall refer such matters to King County District Court
for failure to pay in a timely manner. Within 3 business days of receipt of any infraction fee
payment the City will cause such payment to be entered in to the System as directed by Gatso.
Within five (5) days of the end of each calendar month, the King County District Court will
provide to Gatso an accounting of any funds associated with collection efforts by the King
County District Court. All such amounts shall be included in the Adjusted Monthly Revenue
calculation, as set forth in Section 2.2.3.
4.6. Access to Information Services. To the extent required by NLETS, the City will provide written
authorization (in a form reasonably acceptable to the City) for Gatso to perform WSDOL
inquiries on behalf of the City.
5. GENERAL PROVISIONS
5.1. Indemnification Obligations.
5.1.1. The City shall indemnify, defend, and hold harmless Gatso and its affiliates,
shareholders or other interest holders, managers, officers, directors, employees,
agents, representatives and successors, permitted assignees and all persons acting
by, through, under or in concert with them (including but not limited to
equipment suppliers and installers) (the "Gatso Indemnitees ") from and against
any and all third party claims arising out of or related to:
a. any material breach of the representations and warranties of the City set forth
in Section 5.3.2;
b. negligence or misconduct of the City or its employees, contractors, or agents
that results in bodily injury to any natural person (including third parties) or
any damage to any real or tangible personal property (including the personal
property of third parties), except to the extent caused by the negligence or
misconduct of any Gatso Indemnitee;
c. the validity of the results of the City's use of the System or any portion
thereof; or the validity of any notice of violation or traffic citation issued,
prosecuted, and collected as a result of the City's use of the System except to
the extent caused by Gatso's failure to comply with the terms of the
Agreement.
5.1.2. Gatso shall indemnify, defend, and hold harmless the City and its elected
officials, officers, employees, agents, representatives, and permitted assignees
and all persons acting by, through, under or in concert with them (the "City
Indemnitees ") from and against any and all third party claims arising out of or
related to:
a. any material breach of the representations and warranties of the Gatso set
forth in Section 5.3.1;
b. negligence or misconduct of Gatso or its employees, contractors, or agents
that results in bodily injury to any natural person (including third parties) or
any damage to any real or tangible personal property (including the personal
Page 18
R�tsoAAuburn WA Customer Agreement, T- Series, rev. 103014
Page 108 of 176
property of third parties), except to the extent caused by the negligence or
misconduct of any City Indemnitee; or
c. a claim that the System infringes the copyright or U.S. patent of a third party.
In the event such a claim is made or appears likely to be made, Gatso will
either: (i) enable the City to continue to use the System, (ii) modify the
System to render it non - infringing; or (iii) replace the System with a
replacement System at least functionally equivalent. If Gatso determines that
none of these alternatives is reasonably available, Gatso shall have the right
to terminate this Agreement effective immediately.
5.1.3. In the event any third party claim, action, or demand for which a party seeks
indemnification from the other pursuant to this Section 5.1 (each a "Claim "), the
Indemnified Party must give the Indemnifying Party written notice of such Claim
promptly after the Indemnified Party first becomes aware of it. The
Indemnifying Party will have the right to choose counsel to defend against the
Claim (subject to approval of such counsel by the Indemnified Party, which
approval may not be unreasonably withheld, conditioned, or delayed) and to
control and settle the Claim. The Indemnifying Party will have the right to
participate in the defense of the Claim at its sole expense. This provision will
survive the termination or expiration of this Agreement.
5.2. LIMITATION OF LIABILITY. EXCEPT FOR AMOUNTS PAYABLE WITH RESPECT TO
THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 5.1: (A) NEITHER
PARTY SHALL BE LIABLE TO THE OTHER FOR LOST PROFITS OR FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES IN CONNECTION WITH THE AGREEMENT, THE SERVICES, OR THE
SYSTEMS, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY; AND (B) THE
AGGREGATE LIABILITY OF EITHER PARTY FOR DIRECT DAMAGES ARISING OUT
OF THE AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL
BE LIMITED TO THE FEES PAID OR PAYABLE BY CITY TO GATSO PURSUANT TO
SECTION 2.1 DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING
RISE TO SUCH CLAIM. This provision will survive the termination or expiration of this
Agreement.
5.3. Representations and Warranties.
5.3.1. Gatso represents and warrants that at all times during the Term:
a. it has the legal power to enter into the Agreement;
b. the Systems are provided and will continue to perform in accordance with
this Agreement;
c. the Services described herein will be performed in a workmanlike and
professional manner with due care and skill;
d. it will perform the Services described herein in compliance with all
applicable federal, State of Washington, and local laws including without
limitation the Fair Labor Standards Act; any statutes regarding qualification
to do business; any statutes prohibiting discrimination because of, or
I'agc �9
REats %Auburn WA Customer Agreement, T- Series, rev. 103014
Page 109 of 176
requiring affirmative action based on, race, creed, color, national origin, age,
sex, or other prohibited classification including without limitation the
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq;
e. it is not barred by law from contracting with City or with any other unit of
state or local government as a result of (a) a delinquency in the payment of
any tax administered by the State of Washington Department of Revenue
unless Gatso is contesting, in accordance with the procedures established by
the appropriate revenue act, its liability for the tax or the amount of the tax;
f. the only persons, firms, or corporations interested in this Agreement as
principals are those disclosed to the City prior to the execution of this
Agreement and that this Agreement is made without collusion with any other
person, firm, or corporation. If at any time it shall be found that Gatso, in
procuring this Agreement, has colluded with any other person, firm, or
corporation, then Gatso will be liable to the City for all loss or damage that
the City may suffer thereby, and this Agreement will be null and void, at the
City's option; and
g.
neither it nor any of its principals, shareholders, members, partners, or
affiliates, as applicable, is a person or entity named as a Specifically
Designated National and Blocked Person (as defined in Presidential
Executive Order 13224) and that it is not acting, directly or indirectly, for or
on behalf of a Specifically Designated National and Blocked Person. Gatso
further represents and warrants to the City that Gatso and its principals,
shareholders, members, partners, or affiliates, as applicable, are not, directly
or indirectly, engaged in, and are not facilitating, the transactions
contemplated by this Agreement on behalf of any person or entity named as a
Specifically Designated National and Blocked Person.
5.3.2. The City represents and warrants that at all times during the Term:
a. it has the legal power to enter into and perform its obligations under the
Agreement and that it has complied with any and all applicable federal, State
of Washington, and local procurement requirements in connection therewith;
and
b. it will utilize the System in compliance with all applicable federal, State of
Washington, and local laws and in accordance with this Agreement.
5.3.3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5.3:
a. THE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON -
INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY
USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PEFORMANCE.
Pag e 10
REtsoL Auburn WA Customer Agreement, T- Series, rev. 103014
Page 110 of 176
b. GATSO MAKES NO WARRANTY THAT THE SERVICES AND /OR
SYSTEM WILL MEET CITY'S REQUIREMENTS, OR THAT THE
SERVICES AND /OR SYSTEMS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES GATSO MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES AND /OR SYSTEM.
5.4. Force Majeure. Neither party shall be liable for delays in the performance of its obligations
hereunder due to a Force Majeure Event. "Force Majeure Event" means conditions or other
circumstances, such as acts of God, that: (i) were not foreseen, and could not have been
reasonably foreseen, by the party obligated to perform, (ii) are beyond the control of the party
obligated to perform, and (iii) materially hinder or interfere with the ability of the party obligated
to perform to complete performance; provided, however, that no such condition or circumstance
will be a Force Majeure Event if it is the result of the fault, negligence, or material breach of this
Agreement by the party obligated to perform. Examples of Force Majeure events include wars,
floods, strikes and labor disputes, unusual delay in transportation, epidemics abroad,
earthquakes, severe adverse weather conditions not reasonably anticipated, and delays in
permitting.
5.5. Relationship between Gatso and City. Gatso is an independent contractor. This Agreement does
not create, and nothing in this Agreement may be deemed, construed, or implied to create, a
partnership, joint venture or the relationship of principal and agent or employer and employee
between the parties. Further, this Agreement does not permit either party to incur any debts or
liabilities or obligations on behalf of the other party, except only as specifically provided herein.
5.6. Assignment. Neither party may assign this Agreement, in whole or in part, without the prior
written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Notwithstanding the foregoing, Gatso may assign the Agreement to an affiliate or in connection
with a merger or sale of substantially all of the assets related to the Agreement. The Agreement
shall bind and inure to the benefit of the parties hereto and their respective successors and
permitted assigns.
5.7. Escalation Procedure. The following procedure will be followed if resolution is required to a
conflict arising during the performance of this Agreement. Nothing in this Section 5.7 shall
prohibit either party from seeking equitable relief in any court of competent jurisdiction during
the Term.
5.7.1. When a conflict arises between the City and Gatso, the project team members
will first strive to work out the problem internally.
5.7.2. If the project team cannot resolve the conflict within five (5) business days, the
City Project Manager identified pursuant to Section 4.1 and the Gatso Project
Manager identified pursuant to Section 3.1 will meet to resolve the issue.
5.7.3. If the conflict is not resolved within five (5) business days after being escalated
to the Project Managers, a senior executive of Gatso will meet with the City
Mayor within five (5) days to resolve the issue.
5.7.4. If the conflict remains unresolved as described in Section 5.7.3, the parties may
mutually agreement to terminate the Agreement pursuant to Section 1.2 or seek
other legal relief as set forth in Section 5.8.
Pagc 111
Rfi§so%Aubum WA Customer Agreement, T- Series, rev. 103014
Page 111 of 176
5.7.5. During any conflict resolution, Gatso agrees to provide those Services relating to
items not in dispute, to the extent practicable pending resolution of the conflict
and the City agrees to pay undisputed invoices as set forth herein.
5.8. Applicable Law; Jurisdiction and Venue. This Agreement is governed by and construed in all
respects in accordance with the laws of the State of Washington, without regard to any conflicts
of laws rules. Any lawsuit arising out of or in connection with this Agreement must be filed in a
state or federal court of competent jurisdiction in Washington, and both parties specifically agree
to be bound by the jurisdiction and venue of such courts.
5.9. Entire Agreement; Amendment. This Agreement and any Exhibits constitutes the entire
agreement between the parties about the Services and supersedes all prior and contemporaneous
agreements or communications. This Agreement may only be amended by a writing specifically
referencing this Agreement which has been signed by authorized representatives of the parties.
5.10.Counterparts. This Agreement may be signed in one or more counterparts, each of which will be
deemed to be an original and all of which when taken together will constitute the same
Agreement. Any copy of this Agreement made by reliable means (for example, photocopy or
facsimile) is considered an original.
5.11.Enforceability. If any term in this Agreement is found by competent judicial authority to be
unenforceable in any respect, the validity of the remainder of this Agreement will be unaffected,
provided that such unenforceability does not materially affect the parties' rights under this
Agreement.
5.12. Waiver. An effective waiver under this Agreement must be in writing signed by the party
waiving its right. A waiver by either party of any instance of the other party's noncompliance
with any obligation or responsibility under this Agreement will not be deemed a waiver of
subsequent instances.
I'
Signature Page Follows
a g c 12
REttso4Auburn WA Customer Agreement, T- Series, rev. 103014
Page 112 of 176
IN WITNESS WHEREOF, Gatso and the City of Auburn, WA have caused this Agreement to be
executed by their properly authorized representatives as of the Effective Date.
Agreed to: Agreed to:
Gatso USA, Inc. City of Auburn, Washington
By By
Authorized signature Authorized signature
Name (type or print): Name (type or print):
Date: Date:
Attested to: Attested to:
By By
Authorized signature Authorized signature
Name (type or print): Name (type or print):
Date: Date:
Approved ;i Form:
By
1' a g c 13
G tso/ Auburn WA Customer Agreement, T- Series, rev. 103014
RES.A
Ci ttorney
Page 113 of 176
EXHIBIT A
Additional Terms and Conditions for
Installation of Camera Poles
In the event that Gatso is required to install one (1) or more camera poles pursuant to Section 3.2, the
following additional terms and conditions shall apply:
A. Obtaining Permits. Gatso shall prepare all permit applications, design drawings or other related
documents as may be reasonably required by the City or any other governmental entities for the
installation and operation of the camera poles. The City will provide to Gatso, at no cost, all
City permits necessary for the operation of the System and provision of the Services provided
Gatso meets the minimum requirements for such permits. Gatso will use commercially
reasonable efforts to obtain any other necessary permits for the camera poles from applicable
agencies and shall pay all permit or other fees charged by such governmental entities in
connection with the installation and operation of the System. The City will reasonably assist
Gatso in securing necessary permits from other governmental agencies, as required.
B. Installation. Gatso will commence installation of the camera poles within ten (10) business days
after any and all necessary State of Washington, County, and City permit applications have been
approved and such permits have been received. Gatso shall not be responsible for any delays
associated with the failure of any state or local government to promptly provide applicable
permits. In the event any permitting agency requires one (1) or more upgrades to any City owned
or controlled equipment at any intersection where the System will be installed, such upgrades
shall be the sole responsibility of the City. Gatso may elect to add a separate circuit breaker to
the traffic control system power source to obtain electric power for the System. Gatso will use
commercially reasonable efforts to complete installation of the System in a timely manner.
C. Removal Of Hardware, Equipment; Restoration. Upon the termination of this Agreement, Gatso
shall restore the City's property as directed by the City to substantially the same condition as
such property was in immediately prior to this Agreement. Notwithstanding the foregoing,
Gatso will not remove any camera pole foundations unless mutually agreed by Gatso and the
City. Installed underground conduit and other equipment shall not be required to be removed.
Gatso shall use commercially reasonable efforts such that removal and restoration activities
occur within forty-five (45) days after the Effective Date of Termination and do not
unreasonably interfere with or adversely affect traffic flow.
Page 114
RE soeuburn WA Customer Agreement, T- Series, rev. 103014
Page 114 of 176
C=ITY or
AUBURN
WASH I NCTO
Agenda Subject:
Resolution No. 5110
Department:
Police
AGENDA BILL APPROVAL FORM
Attachments:
Res 5110
I mplementation I LA Nov 4
2014 Draft PSERN Agency Creation
Exhibit 1 Contracting Plan
Exhibit 2 Sitesfcr I LA
Exhibit 3 Frequendesfcr ILA
Exhibit 5 List of User Agencies
Frequency Spectrum Licensing Approach
Administrative Recommendation:
Date:
November 12, 2014
Budget Impact:
$0
Background Summary:
The City of Auburn, along with King County and other cities that operate emergency
radio systems (ValleyCom, King County, Seattle and Eastside cities) have been
contending for some time with the fact that the equipment we are currently using is out
of date and is in need of replacement. This is not a situation unique to Auburn or King
County, and in fact all jurisdictions who utilize the same type of equipment are having
to face the same issue because the emergency radio equipment that is currently used
is no longer being made and will soon no longer be supported by its manufacturers. It
is therefore appropriate for King County and the King County cities to plan for a
replacement emergency radio system. King County is getting ready to put a bond
measure on the ballot before the voters of King County to establish a new emergency
radio system and has been working in cooperation with other cities in the County to
develop agreements that would provide for creation of the new emergency radio
system and for operation of the system thereafter. The agreements have been
negotiated to a significant degree, though some minor adjustments to the agreements
may still need to be made to the agreements and to the attachments to those
agreements.
The proposed resolution authorizes the Mayor to negotiate (finish negotiating) the
terms of these agreements and to execute them on behalf of the city of Auburn. All of
the cities who are parties to the agreements, as well as King County, will need to
execute these agreements, and the voters of King County will need to approve the
bond measure to provide for this new emergency radio system. Approval by the city of
RES.B
AUBURN * MORE THAN YOU IMAGINED Page 115 of 176
Auburn, as well as the other party jurisdictions, is the prerequisite that allows the bond
measure to move forward. The agreements have been negotiated, so far, so as to
give each of the parties cities sufficiency a in the creation and operation of the new
radio system, yet recognizing the specific responsibility King County has in moving
forward with the bond measure upon which the new system is dependent.
Reviewed by Council Committees:
Councilmember: Peloza
Meeting Date: November 17, 2014
RES.B
Staff: Heid
Item Number: RES.B
AUBURN * MORE THAN YOU IMAGINED Page 116 of 176
RESOLUTION NO. 5 1 1 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO NEGOTIATE AND EXECUTE INTERLOCAL
AGREEMENTS BETWEEN THE CITY OF AUBURN AND
KING COUNTY AND THE CITIES OF BELLEVUE,
FEDERAL WAY, ISSAQUAH, KENT, KIRKLAND, MERCER
ISLAND, REDMOND, RENTON, SEATTLE AND TUKWILA
FOR ESTABLISHMENT, IMPLEMENTATION AND
OPERATION OF THE PUGET SOUND EMERGENCY
RADIO NETWORK SYSTEM (PSERN)
WHEREAS, King County and the cities of Auburn, Bellevue, Federal Way,
Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila have
been responsible for the ownership, operation and maintenance of various elements in
the current King County Emergency Radio Communications System (KCERCS), a voice
radio system that is nearly twenty years old and is increasingly unsupported by the
supplier of the system's equipment, software and related repairs; and
WHEREAS, the Parties determined that it is in the public interest for a new public
safety radio system to be implemented that will provide public safety agencies and other
user groups in the region with improved coverage and capacity, and uniformly high -
quality emergency radio communications in the future; and
WHEREAS, King County and the cities have been working together to provide for
such a new system to be referred to herein as the "Puget Sound Emergency Radio
Network System" or "PSERN System "; and
WHEREAS, in furtherance of such efforts, the county and the cities have
developed Interlocal Agreements for the formation of a new non - profit entity to operate
the new system and to establish the terms under which the Parties and the new entity
Resolution No. 5110
October 29, 2014
Rgggg1 of 2
Page 117 of 176
will undertake the ownership, operations, maintenance, management and on -going
upgrading /replacing of the PSERN System.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to negotiate and execute
Interlocal Agreements between the City of Auburn and King County and the cities of
Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton,
Seattle, and Tukwila, to establish a Puget Sound Emergency Radio Network entity and
the operation thereof, which agreements shall be in substantial conformity with the
agreements attached hereto as Exhibits "A" and "B" incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of , 2014.
CITY OF AUBURN
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED A _ TO FORM: k_....___
el B. eid, City Attorney
Resolution No. 5110
October 29, 2014
REggis 2 of 2
NANCY BACKUS, MAYOR
Page 118 of 176
EXHIBIT "A"
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
1
RES.B Page 119 of 176
TABLE OF CONTENTS
1.0 Rules of Construction and Definitions 4
2.0 Duration of Agreement 7
3.0 The Parties' Responsibilities 7
4.0 Joint Board 8
5.0 PSERN System Implementation 12
6.0 Dispatch Center Equipment Implementation 15
7.0 Subscriber Radio Equipment Implementation 16
8.0 PSERN Project Budget for Implementation Period 18
9.0 Transfer of System for Operations Period 20
10.0 Operations and Maintenance Pending Transfer 20
11.0 Intellectual Property, Confidential Information and Records 21
12.0 Force Majeure 22
13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party 22
14.0 Legal Relations 23
15.0 General 25
EXHI BITS
Ex. 1 Contracting Plan
Ex. 2 List of Party Owned /Controlled Sites
Ex. 3 List of Frequencies
Ex. 4 Cost Allocation Model
Ex. 5 List of User Agencies Eligible for Radio Exchanges
Ex. 6 Contact Information
2
RES.B Page 120 of 176
PUGET SOUND EMERGENCY RADIO NETWORK
IMPLEMENTATION PERIOD
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ( "Agreement ") is entered into pursuant to the Interlocal
Cooperation Act (Chapter 39.34 RCW) by and among King County ( "County ") and the Cities of
Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton,
Seattle and Tukwila, each a political subdivision of the State of Washington (individually, a
"Party," and collectively, the "Parties ").
RECITALS
A. The Parties, under various interlocal agreements, are responsible for the ownership,
operations and maintenance of various elements in the current King County Emergency Radio
Communications System (KCERCS), a voice radio system that is nearly twenty years old and is
increasingly unsupported by the supplier of the system's equipment, software and repairs.
B. The Parties have determined that it is in the public interest that a new public safety radio
system be implemented that will provide public safety agencies and other user groups in the
region with improved coverage and capacity, and uniformly high - quality emergency radio
communications at a cost - effective price. Said new system is referred to herein as the "Puget
Sound Emergency Radio Network System" or "PSERN System."
C. The Parties seek to finance the costs of implementing the PSERN System by a funding
measure to be placed on the ballot by the King County Council for consideration by the qualified
electorate in King County.
D. The Parties desire that the County act as the lead agency for planning, procurement,
financing and implementation of the PSERN System and that a new non - profit entity will be
formed to assume the ownership and control of the PSERN System following Full System
Acceptance.
E. The purpose of this Agreement is to establish the terms under which the Parties will
undertake the planning, financing, procurement, site acquisition and development, equipment
installation, and other activities necessary to implement the PSERN System.
F. Concurrent with this Agreement, the Parties have entered into a second interlocal cooperation
agreement, referred to herein as the "PSERN Operations ILA," to establish the terms under
which the Parties will create a new entity, referred to herein as the "PSERN Operator ", to be
responsible for the ownership, operations, maintenance, and on -going upgrading /replacing of the
PSERN System during its anticipated useful life.
TERMS AND CONDITIONS OF AGREEMENT
3
RES.B Page 121 of 176
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained
herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the
Parties agree to the above Recitals and the following terms and conditions.
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
1.1.1 Unless the context requires otherwise, the singular form of a word shall also mean
and include the plural (and vice versa), and the masculine gender shall also mean and
include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all statutory or regulatory provisions
consolidating, amending or replacing the statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices are to this Agreement
and references to articles or sections followed by a number shall be deemed to include all
subarticles, subsections, subclauses, subparagraphs and other divisions bearing the
same number as a prefix.
1.1.4 The words "including," "includes" and "include" shall be deemed to be followed by
the words "without limitation ".
1.1.5 The words "shall" or "will" shall be deemed to require mandatory action.
1.1.6 Words such as "herein," "hereof" and "hereunder" are not limited to the specific
provision within which such words appear but shall refer to the entire Agreement taken as
a whole.
1.1.7 Words such as "person" or "party" shall be deemed to include individuals, political
subdivisions, governmental agencies, associations, firms, companies, corporations,
partnerships, and joint ventures.
1.1.8 References to "days" shall mean calendar days unless expressly stated to be
"Business Days." If the due date for a task, payment, or any other requirement falls on a
Saturday, Sunday or holiday observed by the County, the due date shall be deemed to be
the next Business Day.
1.1.9 Words not otherwise defined that have well -known technical industry meanings are
used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for convenience of
reference only and in no way define, limit, or otherwise describe the scope or intent of this
Agreement, or any provision hereof, or in any way affect the interpretation of this
Agreement.
1.1.11 This Agreement was negotiated and prepared by the Parties and their respective
attorneys. The Parties acknowledge and agree that the rule of construction that an
ambiguous contract should be construed against the drafter shall not be applied in any
construction or interpretation of this Agreement.
4
RES.B Page 122 of 176
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the following
terms are defined for this Agreement as follows:
1.2.1 Agreement means this Puget Sound Emergency Radio Network Implementation
Period I nterlocal Cooperation Agreement.
1.2.2 Alternate means a person appointed to serve in the absence of a Joint Board
Representative.
1.2.3 Appointing Party(ies) means the City of Seattle, the EPSCA Cities, the ValleyCom
Cities and King County.
1.2.4 Confidential Information means any information in written, graphic, verbal or
machine - recognizable form that: (a) is related to PSERN; (b) is provided to a Party by
another Party, the PSERN Contractor or another person or entity; and (c) is marked or
identified as "confidential ", "proprietary," "trade secret" or similar designation.
1.2.5 Cost Allocation Model means the method used for determining the user rates
applicable to Dispatch Centers and User Agencies for fees they will pay to either the
County or the PSERN Operator during the Operations Period.
1.2.6 County means King County, Washington.
1.2.7 Dispatch Center means a facility or an entity that uses PSERN to dispatch users of
Subscriber Radios.
1.2.8 EPSCA means the Eastside Public Safety Communications Agency.
1.2.9 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer Island and
Redmond, Washington.
1.2.10 Full System Acceptance (FSA) means the determination issued to the PSERN
Contractor upon satisfactorily completing the final system development phase milestone.
1.2.11 Implementation Period means that period of time from the effective date of this
Agreement through and until the beginning of the first full month after issuance of FSA.
1.2.12 Joint Board means the board formed by the Parties under this Agreement.
1.2.13 KCERCS means the existing King County Emergency Radio Communication
System.
1.2.14 NAC means a notice of apparent completion issued under the contract with the
PSERN Contractor.
1.2.15 Operations Budget means the budget funded by fees from Dispatch Centers and
User Agencies to pay for the costs of operating, maintaining and upgrading PSERN after
FSA.
5
RES.B Page 123 of 176
1.2.16 Operations Period means the period that commences with the first full month after
FSA.
1.2.17 Party means a signatory to this Agreement and excludes a signatory that
withdraws from this Agreement.
1.2.18 Project (or PSERN Project) means all authorized activities relating to the
planning, analysis, design, development, acquisition, site development, installation,
testing, training, and operation of the PSERN System until FSA, starting -up a new
PSERN Operator, transferring the PSERN System to same and any decommissioning,
contract close -out and other project completion activities.
1.2.19 Project Budget means the budget approved by the Joint Board to spend the funds
the County Council has appropriated to carry out PSERN Project activities. 1.2.20
Project Fund means the funds held by the County to fund the Project Budget including
proceeds from the County -wide levy and proceeds from any bond or debt instruments.
1.2.20 Project Director means the County employee assigned to lead Project activities.
1.2.21 PSERN means the Puget Sound Emergency Radio Network.
1.2.22 PSERN Contractor means the prime contractor under County Contract
# (or the County Contract) that is responsible, among other things, for
supplying the PSERN System's equipment and software.
1.2.23 PSERN Operations Period ILA (or Operations Period ILA) means the interlocal
cooperation agreement entered into by the Parties concurrent with this Agreement to
establish the terms under which the Parties will create a new PSERN Operator to own,
operate, maintain, manage and upgrade /replace the PSERN System during the
Operations Period.
1.2.24 PSERN Operator means the new entity formed pursuant to the PSERN
Operations Period ILA.
1.2.25 PSERN Project (see "Project ").
1.2.26 Representative means a person appointed by an Appointing Party(ies) to serve
on the Joint Board.
1.2.27 Subscriber Radio means an end user radio and includes a mobile (vehicular) and
portable (handheld) radio which has been authorized and programmed to operate on the
System.
1.2.28 System means all the elements constituting the PSERN System, excluding
Subscriber Radios unless the context indicates inclusion.
1.2.29 User Agency means an entity that uses the PSERN System for its employees'
radio communications.
1.2.30 User Agency Agreement means an agreement executed between the County or
the PSERN Operator, as appropriate, and a User Agency establishing the terms under
which a User Agency is allowed to access and use the System.
6
RES.B Page 124 of 176
1.2.31 ValleyCom means the Valley Communications Center.
1.2.32 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent, Renton, and
Tukwila, Washington.
2.0 DURATION OF AGREEMENT
2.1 This Agreement shall take effect on the date when last signed by an authorized
representative of each Party.
2.2 Unless extended by written amendment as provided in Section 15.10 or terminated
earlier as provided in Section 13, this Agreement shall expire upon the issuance of FSA and the
County's written notice to the other Parties that all Project activities have been completed.
2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter
approved measure prior to January 1, 2018, this Agreement shall terminate on January 1, 2018
unless extended by agreement of the Parties.
3.0 THE PARTIES' RESPONSIBILITIES
3.1 Appointing Representatives to Joint Board
The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as provided
under Section 4.
3.2 Use of Land and Improvements
To the extent provided in Section 5.3, each Party agrees to make land and improvements
available for PSERN System use.
3.3 Use of Licensed Spectrum
To the extent provided in Section 5.4, each Party agrees to make licensed spectrum under its
direct or indirect control available for PSERN System use.
3.4 Cooperation on PSERN System Activities
Each Party understands and agrees that it is essential to public safety, within its jurisdiction and
throughout King County, that the PSERN System be implemented without delay. In support of
that objective, each Party agrees to cooperate in good faith with each other in all activities
related to the PSERN System's implementation, operation and maintenance, which cooperation
shall include: promptly responding to requests for information among the Parties; exercising best
efforts to expedite the processing and execution of any requested reviews, inspections,
approvals, permits, leases and agreements; and timely performing any construction, installation,
testing and maintenance activities related to the PSERN System.
3.5 Other Responsibilities
The Parties shall be responsible for such other activities and obligations as are specified herein
or arise from a Joint Board action.
7
RES.B Page 125 of 176
4.0 JOINT BOARD
4.1 Creation of Joint Board
By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW
39.34.030(4). The Joint Board is not a separate legal or administrative entity within the meaning
of RCW 39.34.030(3). The Joint Board shall oversee the activities of the Parties in connection
with the PSERN System as provided in this Agreement. The Joint Board shall act on behalf of all
Parties and as may be in the best interests of the PSERN Project. The Joint Board is not
authorized to enter into contracts, own assets, or hire employees.
4.2 Joint Board Representatives
4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed as
follows by the Parties, or groups of Parties:
a. City of Seattle: one (1) Representative and one (1) Alternate.
b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond
collectively: one (1) Representative and one (1) Alternate.
c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively: one (1)
Representative and one (1) Alternate.
d. King County: one (1) Representative and one (1) Alternate.
4.2.2 The non - voting Chair of the Joint Board shall be the Deputy County Executive or
his /her designee. The Chair or designee shall conduct the Joint Board's meetings and
supervise the administrative activities related to meetings including scheduling, preparing
the agendas, providing reports and other information materials to the Representatives
and creating records of Joint Board actions.
4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of a fire
agency to serve as non - voting participants on the Joint Board, provided they are from
agencies within King County.
4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the EPSCA
Cities, and the Mayors of the ValleyCom Cities shall each provide to the Joint Board's
Chair a written notice identifying the names of a primary Representative and an
alternative Representative (Alternate) who are authorized to speak, vote and otherwise
act on behalf of their respective Appointing Party or group of Parties. Such notices shall
include the name(s), contact information and effective date(s) of the appointments.
4.2.5 An Alternate may only speak and vote on behalf of his /her Appointing Party(ies) if:
(a) the Chair has received written notice of the Alternate's appointment; and (b) the
primary Representative is absent from the meeting. References in this Agreement to a
"Representative" shall include an Alternate who has been appointed in accordance with
this Agreement and is acting in the absence of the primary Representative.
4.2.6 The Appointing Party or group of Parties shall promptly replace any vacancy in its
positions of Representative and Alternate and may, at any time, replace its
Representative or Alternate by giving the Chair of the Joint Board written notice of the
8
RES.B Page 126 of 176
change including: the name(s), contact information and effective date(s) of the
replacement(s).
4.2.7 Each Representative and each Alternate shall be an employee of his /her
Appointing Party(ies), ValleyCom or EPSCA. No Representative or Alternate shall be
deemed to be an employee of, or entitled to compensation from, any Party other than
his /her Appointing Party.
4.3 Quorum and Meeting Procedures
4.3.1 A quorum for a meeting of the Joint Board shall be all four (4) voting
Representatives and the Chair or his /her designee.
4.3.2 The Joint Board shall establish procedures for its operations and meetings,
including the establishing of a regular monthly meeting schedule and location and
providing for the scheduling of special and emergency meetings. To the extent allowed by
Washington law, the Joint Board may establish procedures for conducting meetings by
telephonic or other electronic means provided that all Representatives and members of
the public are able to hear each other during the meeting. If such procedures are
established by the Joint Board, any Representative participating in a meeting by such
means is deemed to be present at the meeting for all purposes including establishing a
quorum.
4.3.3 The Joint Board shall take action by the unanimous vote of all four (4) voting
Representatives.
4.3.4 Representatives must be present at a meeting to vote and may not vote by proxy.
4.3.5 The voting Representatives may select an acting Chair to serve in the absence of
the Chair or his /her designee.
4.3.6 The Joint Board shall comply with applicable requirements of the Washington State
Open Public Meetings Act (Chapter 42.30 RCW).
4.4 Joint Board Actions
4.4.1 The Joint Board shall oversee the implementation, operation and maintenance of
the PSERN System to the extent provided in this Agreement. In furtherance of that
oversight, the Joint Board is specifically authorized to take the following actions:
a. Amend this Agreement including any exhibits;
b. Establish committees and advisory groups, including an advisory operations
board of emergency radio users, to perform activities related to the PSERN
Project or to provide reports or recommendations to the Joint Board related to the
PSERN Project;
c. Adopt and amend policies, business rules, procedures, standards and
guidelines related to the PSERN System including System access and use,
security, and System and Subscriber Radio maintenance, upgrading and security;
d. Approve the Project Budget subject to County Council appropriation;
9
RES.B Page 127 of 176
e. Approve contracts related to the Implementation Period;
f. Approve those leases related to the PSERN System for which the monthly rent
exceeds the per site monthly rent authorized in the Project Budget;
g. Approve changes to PSERN System - related contracts if the cost of the change
exceeds the authority granted to the Project Director under the Contracting Plan
attached hereto and made a part hereof as Exhibit 1;
h. Approve the PSERN System design and any changes to same affecting
System performance;
i. Approve the issuance by the County to the PSERN Contractor of Notice of
Apparent Completion (NAC) of the following milestones:
(i) Milestone 3H: System Optimization and RF Coverage
Testing
(ii) Milestone 3J Operational and Functional System Test
(iii) Milestone 3K Pilot Test with 100 Users
(iv) Milestone 5C Full System Acceptance
j. Approve a transition plan that defines the tasks, responsibilities and schedule
for transitioning from the KCERCS to the PSERN System including moving
Dispatch Centers and User Agencies onto the PSERN System;
k. Approve the County's entering into agreements with User Agencies and
Dispatch Centers establishing the terms and conditions for access to and use of
the PSERN System;
I. Approve such other actions as are specified under this Agreement as being
made by the Joint Board;
m. Delegate the Joint Board's authority under this Agreement subject to such
limitations and conditions as the Joint Board may establish; and
n. Approve a Party's request to withdraw from this Agreement and the terms and
conditions of such approval in accordance with Section 13.
4.4.2 The PSERN System - related contracts will require prompt review of deliverables
and notices of milestone completion. The Joint Board shall hold special meetings as
needed and take action in a timely manner so as to avoid delay and other claims by
PSERN System - related contractors.
4.5 Impasse Resolution Procedure
4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting but fails
for lack of a unanimous vote by all four (4) Representatives, a voting Representative may
submit written notice of an impasse to the other Representatives and the Joint Board
Chair. The notice shall be submitted within scvcn (7) days of thc Board's last votc on thc
10
RES.B Page 128 of 176
matter and shall include a statement of the action being sought and the history of any
Joint Board deliberation or vote(s) on the matter.
4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his /her
designee shall designate a mediator to assist the Joint Board in resolving the impasse.
The mediator shall be experienced in resolving disputes in public sector capital projects
and may not be an employee of any of the Parties.
4.5.3 The Parties agree that it is essential to the success of the PSERN Project that any
impasse be resolved as quickly as possible and accordingly agree to instruct their
respective Representatives to cooperate with the mediator in good faith including
expediting responses to any mediator requests for information and discussion.
4.5.4 The mediator shall promptly investigate the impasse and the respective positions of
the voting Representatives. The mediator may recommend one or more non - binding
alternatives for resolving the impasse. Regardless of the outcome of the mediation, each
Party shall pay an equal percentage share of the cost of the mediator's fees and
expenses, if any. The County shall pay the mediator and invoice each Party for its share.
Each party shall pay the County within thirty (30) days after receiving the invoice.
4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing his /her
recommendation(s), the Elected Executives Committee (EEC) shall meet with the Joint
Board to attempt to resolve the impasse. The EEC shall be composed of the King
County Executive; the Mayor of the City of Seattle; one elected official designated by the
EPSCA Cities; and one elected official designated by the ValleyCom Cities. The Joint
Board and the EEC shall convene to consider the matter and attempt to reach a
resolution, which may include re- submitting the matter for a Joint Board vote, not later
than twenty (20) days after the date the mediator provided his /her recommendation(s).
4.6 Emergency Procedures
Consistent with applicable Washington State law, the Joint Board may adopt procedures for
providing direction and decision - making in the event of emergencies that have or may have
direct, significant and material negative effects on the implementation, operation and
maintenance of the PSERN System when consideration of such emergencies by the Joint Board
could not occur in a timely manner, all as determined by the Chair of the Joint Board. The
procedures shall set forth how an emergency is declared and who declares it. Such procedures
may allow expedited procurement and contracting procedures by the Project Director to address
the emergency, as may be permitted by Washington State law. Each decision made pursuant to
such procedures shall be communicated to the Parties as soon as reasonably possible and shall
be subject to ratification by the Joint Board in a regular or special meeting within two (2) weeks
after the finding of an emergency by the Chair of the Joint Board.
4.7 Record of Action
Actions by the Joint Board shall be memorialized in writing and signed by the Chair or acting
chair of the Joint Board. A copy of each action shall be distributed to each Joint Board
Representative and Alternate within ten (10) Business Days of the action.
4.8 Joint Board Administrative Support
11
RES.B Page 129 of 176
The County shall provide administrative support for the Joint Board. The cost of providing such
support shall be covered by the PSERN Project Budget during the Implementation Period and by
the PSERN Operations Budget during the Operations Period.
5.0 PSERN SYSTEM IMPLEMENTATION
5.1 Project Management
The County will be responsible for performing all Project management activities including:
a. all personnel actions related to the Project Director and other County
employees assigned to Project activities;
b. scheduling and management of day -to -day Project activities;
c. developing a Project Budget and obtaining County Council appropriation(s),
approving expenditures, and tracking expenditures against the Project Budget
including its contingency;
d. developing, tracking, and updating all required Project documentation;
e. developing and performing all financial, accounting and inventory- control
processes including establishing a Project Fund to receive levy and bond
proceeds, processing invoices and making payments and distributions from the
Project Fund, responding to audits, and tracking the receipt and distribution of
equipment and other deliverables in accordance with applicable laws, regulations
and policies;
f. developing and implementing a transition plan for Joint Board approval;
g. coordinating PSERN Project activities with the Parties and the KCERCS's
users; and
h. providing regular reports to the Joint Board on the Project's activities during the
Implementation Period.
5.2 Contracting and Equipment Ownership
5.2.1 Subject to Joint Board approval, the County will procure, execute and administer all
contracts, licenses and agreements related to the planning, analysis, design,
development, installation, construction and testing of the equipment, software, facilities,
improvements and other elements of the PSERN System.
5.2.2 The Project Director shall be responsible for contract procurement and contract
administration activities in accordance with Exhibit 1 and any emergency contracting
procedures approved by the Joint Board.
5.2.3 As the Party entering into the contract(s), the County will become the owner of the
delivered PSERN System equipment except as provided in Section 7 for Subscriber
12
RES.B Page 130 of 176
Radios. The County will transfer said ownership to the new PSERN Operator formed
under the PSERN Operations ILA in accordance with Section 9.
5.3 PSERN System Sites
5.3.1 Subject to Joint Board approval if required under Section 4.4.1(f), the County will
enter into leases and other arrangements to acquire the rights, for itself and its
contractors, successors and assigns, to access, install, use, develop, or construct towers,
structures, equipment, facilities and other improvements as needed for PSERN System
implementation.
5.3.2 The PSERN System sites identified in the List of Party Owned /Controlled Sites,
attached hereto and made a part hereof as Exhibit 2, are controlled directly or indirectly
by those Parties as indicated therein. If and to the extent a Party's interest permits, each
such listed Party agrees to enter into a lease(s), assignment or other appropriate
agreement with the County to permit the use by the PSERN System of the listed site(s)
under its control on terms and conditions no worse than the best terms and conditions
(for the lessee) that are then applicable in a comparable lease, license or agreement with
another governmental entity. Consideration for such a lease may be provided as a cash
payment, credit, or reciprocal benefit.
5.3.3 If during the PSERN System design process, other potential locations for PSERN
System equipment or facilities are identified on any land or any improvement (such as
buildings and towers) in which any Party has an ownership or tenancy interest, or
otherwise controls, directly or indirectly through EPSCA or ValleyCom, then subject to
any legal limitations, such Party agrees to enter into a lease(s), assignment or other
appropriate agreement with the County to permit the use of such land or improvements
by the PSERN System. Notwithstanding the forgoing, a Party shall not be required to
enter into any lease, assignment, or other agreement that impairs a Party's right and
ability to use the equipment or facilities as necessary for KCERCS or the Party's own
purposes. The land and improvements shall be offered to the County:
a. with a right of first refusal; and
b. on terms and conditions no worse than the best terms and conditions
(for the lessee) that are then applicable in a comparable lease, license or
assignment with another governmental entity. Consideration for such a
lease may be provided as a cash payment, credit, or reciprocal benefit.
5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to terminate
or interfere with an existing lease or use of land or improvements.
5.3.5 The Parties will cooperate with the County in fulfilling its role and responsibilities
under this Agreement. Without limiting the foregoing, the EPSCA Cities and the
ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom
boards, respectively, as necessary to effect the purposes and intent of this Section 5.3
and to the extent permitted by law.
5.4 Frequencies
5.4.1 The Parties agree that they will cooperate with the County in any Federal
Communications Commission process or application necessary to make available, or
13
RES.B Page 131 of 176
cause to be made available, for use in the PSERN System the licensed frequencies
identified in the List of Frequencies attached hereto and made a part hereof as listed in
Exhibit 3. As part of the PSERN System design process, the Parties agree to cooperate
in the development of PSERN Frequency Plans including agreeing to relicensing
frequencies from the sites in which they are currently used to other sites in the PSERN
System. Further, the Parties will consent to use of frequencies by the County and the
PSERN Contractor under the design standards of the PSERN System.
5.4.2 The Parties will cooperate with the County in fulfilling its role and responsibilities
under this Agreement. Without limiting the foregoing, the EPSCA Cities and the
ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom
boards, respectively, as necessary to effect the purposes and intent of this Section 5.4.
5.4.3 In the event a Party withdraws or otherwise terminates its participation in this
Agreement and the PSERN System, it shall surrender all rights and interests it may have
or claim to have in any frequencies determined by the Joint Board to be necessary for the
PSERN System. The provisions and obligations of this Section 5.4 shall survive any
termination of, or a Party's withdrawal from, this Agreement.
5.4.4 As more fully described in the PSERN Operations ILA, the Parties agree to take all
steps necessary to ensure that all spectrum used in the PSERN System is transferred to
and licensed in the name of the PSERN Operator to which ownership of the PSERN
System is transferred after FSA. Said transfer and re- licensing shall be effected within
sixty (60) days after ownership of the PSERN System has been transferred to the
PSERN Operator.
5.4.5 Any frequencies currently used in KCERCS which are not reused in the PSERN
System shall remain in the name of the original licensee under KCERCS and shall not be
transferred to the PSERN Operator.
5.4.6 If the PSERN Project is terminated prior to FSA, or if following FSA the PSERN
System is abolished in its entirety, the PSERN Operator (or if it has not yet been created,
the County) will take all steps necessary to transfer the frequencies surrendered pursuant
to this Section 5.4 back to each of the Parties, EPSCA, and ValleyCom, and /or their
successors.
5.5 Transition from KCERCS to the PSERN System
5.5.1 The Parties agree to continue to operate and maintain the central switch, sub-
systems and other elements of KCERCS to the extent the Parties directly or indirectly
control such elements until the issuance of FSA of the PSERN System or such other time
as the Joint Board approves. Nothing in this Agreement shall be interpreted to require a
Party to undertake any action that would adversely and materially impact a Party's ability
to operate KCERCS as necessary for public safety through the Implementation Period.
5.5.2 The Parties shall cooperate with each other in implementing the transition from the
KCERCS to the PSERN System including:
a. moving or removing, or causing /permitting such moving or removing, of
KCERCS equipment to accommodate the installation of PSERN System
equipment;
14
RES.B Page 132 of 176
b. consenting to the use by the County of frequency licenses for use in the
PSERN System during the Implementation Period and until the licenses are
transferred to the PSERN Operator, by:
(1) executing letters of concurrence allowing the County to be a co-
licensee for those frequencies during the Implementation Period; and
(2) unlicensing those frequencies used by PSERN; and
c. timely performance of all applicable tasks and responsibilities specified in the
Transition Plan adopted by the Joint Board.
5.5.3 The County will serve as the PSERN System manager and enter into preliminary
agreements with Dispatch Centers and User Agencies establishing the terms and
conditions for their transition to and use of the PSERN System, as more fully described in
Sections 6 and 7.
5.5.4 Through their direct or indirect participation on the KCERCS's Regional
Communications Board, the Parties agree to take such actions as are necessary to effect
the purposes of this section and any other matter necessary to the transition from the
KCERCS to the PSERN System.
5.6 Decommissioning of KCERCS
It is expected that through the PSERN Project, all KCERCS equipment will be decommissioned
and removed. However, to the extent KCERCS equipment is not decommissioned and removed
due to a decision by the Joint Board or a Party, the Parties shall be responsible for
decommissioning the elements of the KCERCS that they own or are owned by entities in which
they participate.
6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION
6.1 Dispatch Center Equipment
The PSERN Project Budget will fund the purchase of certain PSERN System equipment that will
be installed at Dispatch Centers in King County in a like- for -like exchange of existing KCERCS-
related equipment in order to enable the Dispatch Centers to access and use the PSERN
System. The County shall be the owner of said PSERN System equipment during the
Implementation Period and will transfer ownership to the PSERN Operator as provided in
Section 9.
6.2 Dispatch Center Agreements
As a condition of using said new equipment and the PSERN System, each Dispatch Center shall
be required to enter into a Dispatch Center Agreement with the County or the PSERN Operator.
Neither the County nor the PSERN Operator may deny consoles or console service to any
Dispatch Center that enters into and complies with the provisions of a Dispatch Center
Agreement. The Dispatch Center shall include, among others terms, the following:
15
RES.B Page 133 of 176
a. a grant by the Dispatch Center to the County and its successors and assigns
for the space, access rights, power, fiber connections, internet access and other
resources necessary for the County and its contractors to deliver, store, install,
test, operate and maintain PSERN System equipment;
b. the quantities and types of equipment that will be funded by the PSERN
Project Budget and installed at the Dispatch Center;
c. the schedule and locations for installation and testing of said equipment and
training users;
d. the provision that the County or PSERN Operator, as appropriate, will provide
maintenance, updates, and upgrades to consoles for as long as they shall remain
in service and owned by the County or the PSERN Operator;
e. the process for repairing /replacing /upgrading equipment;
f. the obligations for the Dispatch Center to pay the user fees and other costs of
connecting to the PSERN System during the Operations Period;
g. the Dispatch Center is responsible for theft, damage or other loss after delivery
of equipment to the Dispatch Center's facility; and
h. a commitment by the Dispatch Center to execute a novation replacing the
County with the new PSERN Operator for the Operations Period.
If a Party or entity is both a Dispatch Center and a User Agency, the above provisions may be
addressed in a single Dispatch Center /User Agency Agreement.
7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION
7.1 County Purchase of Initial Order of Subscriber Radios
Pursuant to an executed User Agency Agreement as provided in Section 7.4, the County will
purchase initial orders of Subscriber Radios on behalf of all User Agencies. Ownership of said
County - purchased Subscriber Radios will be transferred to the User Agencies following FSA.
User Agencies may enter into "piggyback" contracts with the PSERN Contractor for the direct
purchase of additional Subscriber Radios.
7.2 Project Funding for Certain Subscriber Radios
The PSERN Project Budget will be used to fund the initial order of certain types of Subscriber
Radios and accessories for the User Agencies identified in the List of User Agencies Eligible for
Radio Exchanges, which is attached hereto and made a part hereof as Exhibit 5. A User
Agency listed in Exhibit 5 shall be eligible to receive a Project- funded Subscriber Radio and a kit
of standard accessories in exchange for a trade -in radio used in the KCERCS, provided that
each trade -in radio:
a. was an active radio in the KCERCS zone controller within thirty (30) days prior
to the date of the exchange; and
16
RES.B Page 134 of 176
b. is an operable radio at the time of the exchange.
The new Subscriber Radio funded by the Project Budget shall be the type of radio as listed in
Exhibit 5 that is the nearest equivalent to the trade -in radio.
7.3 Payments by User Agencies
7.3.1 A User Agency that is listed on Exhibit 5 shall pay the County for the added costs
of any Subscriber Radios, features and accessories that are not covered by the Project
Budget under Section 7.2.
7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full cost,
including taxes, of any Subscriber Radio purchased by the County on its behalf.
7.3.3 The County shall establish the method and timing of such payments in advance of
placing an order with the PSERN Contractor.
7.4 User Agency Agreements
No User Agency may register or use a radio or other device on PSERN unless it has entered into
a User Agency Agreement with the County or the PSERN Operator. Neither the County nor the
PSERN Operator may deny radios or radio service to any agency permitted to be licensed in the
800 MHz Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 if that agency enters into
and complies with the provisions of a User Agency Agreement. The User Agency Agreements
shall include, among other terms, the following:
a. the quantities and types of Subscriber Radios that will be funded by the
PSERN Project Budget and the amounts to be paid by the User Agency;
b. designation of the User Agency's status (primary or secondary) and priorities at
the talkgroup level;
c. a grant of all space, access rights, power and other resources necessary for
the County and its contractors to deliver, store, install, and test Subscriber Radios;
d. the schedule and locations for installation and testing of Subscriber Radios and
user training;
e. the central management of encryption keys and the template for programming
User Agency radios;
f. the prohibition with applicable timeframes on a User Agency's re -sale or
transfer of any Subscriber Radios and the requirements for tracking and reporting
all Subscriber Radios to the County;
g. the terms for use of the System including acceptable equipment models and
features, protocols, maintenance standards and other conditions;
h. the process for repairing /replacing Project- funded Subscriber Radios through
the end of the warranty period;
17
RES.B Page 135 of 176
i. the obligations for the User Agency to pay the user fees and other costs of
connecting to the PSERN System during the Operations Period;
j. the User Agency is responsible for theft, damage or other loss after delivery of
equipment to the User Agency's facility; and
k. a commitment by the User Agency to execute a novation replacing the County
with the new PSERN Operator for the Operations Period.
8.0 PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD
8.1 Funding of Project Budget
The PSERN Project Budget will be funded by proceeds from a County -wide property tax levy
and, as needed, proceeds from bond or other debt instruments issued by the County. The
reimbursement and other payments provided under this Section are conditioned upon voter -
approval of the funding levy and the County Council's adoption of an appropriation for the
PSERN Project Budget. Except as provided in this Agreement or by action of the Joint Board,
the City of Seattle, the EPSCA Cities, and ValleyCom Cities shall not be required to reimburse
the PSERN Project Budget or the County for costs incurred during the Implementation Period.
8.2 Elective Contract Change
8.2.1 Any Contract Change determined by the Project Director to be elective, must be
approved in advance by the Joint Board. The Joint Board may approve the Contract
Change either as an Elective Contract Change or if the Joint Board determines the
change is not elective, as a Contract Change. At the time the Joint Board approves an
Elective Contract Change, it shall also approve a reimbursement allocation for the cost of
the Elective Contract Change to be paid by one or more Parties in the event the Project
Budget is insufficient to cover some or all of the cost of the Elective Contract Change as
described in Section 8.2.2 below.
8.2.2 At the end of the Implementation Period, if the PSERN Project Budget is
insufficient to pay the reimbursements and payments provided in this Section 8, the
Parties shall reimburse the PSERN Project Budget for all Elective Contract Changes
according to the allocations approved by the Joint Board, up to the amount of the budget
shortfall beginning with the first adopted Elective Contract Change and proceeding in
chronological order.
8.3 Reimbursement of Planning Phase Costs
8.3.1 The County shall use the Project Budget to reimburse itself, the City of Seattle,
EPSCA and ValleyCom for the following costs incurred from August 1, 2012, through the
start of the Implementation Period:
a. the costs of staff labor hours expended on planning, analysis, procurement,
legal and other PSERN System - related activities; and
b. the costs of technical, financial, consultant, legal and other contractor services
related to the PSERN System.
18
RES.B Page 136 of 176
Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate
that is used in the normal course when the employee's time is charged for other
purposes. Reimbursement for contractor services shall be at the reasonable, actual
amount paid by the agency seeking reimbursement.
8.3.2 Requests for reimbursement under this Section 8.2 may be submitted to the
County after the County Council's adoption of a PSERN Project Budget and
appropriation.
8.3.3 Requests shall be submitted on a form prescribed by the County and be
accompanied by such documentation as the County may require including time records
and invoices.
8.4 Administrative, Election and Financing Costs
The Project Budget shall cover the County's costs of providing administrative support to the Joint
Board and the election, legal, financing, administration and other costs associated with the levy
and the issuance of any bonds or other debt financing.
8.5 Reimbursement of Implementation Period Costs
8.5.1 The Project Budget shall cover all of the County's costs incurred during the
Implementation Period including:
a. payments to the PSERN Contractor and other contractors
b. County labor and internal charges
c. rents, fees and other costs related to real property access and
development activities
d. insurance
e. equipment, tools, technology, devices, vehicles and supplies
f. travel
g. training
h. fuel
i. freight
j. utilities
k. security systems and services
I. road maintenance
m. cost of claims, litigation and related legal and other expenses.
8.5.2 The County shall use the Project Budget to reimburse the City of Seattle, EPSCA
and ValleyCom for the costs of staff labor hours expended during the Implementation
Period on the following PSERN System - related activities:
a. preparation for and participation at Joint Board and technical committee
meetings;
b. witnessing the PSERN Contractor's factory testing, field testing of
infrastructure and coverage testing; and
c. escorting PSERN Contractor personnel to sites at which the City of Seattle,
EPSCA or ValleyCom have current KCERCS maintenance responsibilities.
19
RES.B Page 137 of 176
Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate
that is used in the normal course when the employee's time is charged for other
purposes. Requests for reimbursement shall be submitted on a calendar quarter basis
following the County Council's adoption of an appropriation for the PSERN Project
Budget. Failure to submit a request within sixty (60) days after the end of a calendar
quarter shall constitute a waiver of any reimbursement for cost incurred in said quarter.
Requests shall be submitted on a form prescribed by the County and be accompanied by
such documentation as the County may require including time records and invoices.
8.6 Subscriber Radio Purchases
The Project Budget will be used to fund the initial order of certain types of Subscriber Radios and
accessories as provided in Section 7.
8.7 PSERN Operator's Start -up Costs
Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall pay to said
PSERN Operator the amount specified in the Project Budget for the new PSERN Operator's pre -
FSA expenses for start -up activities under Section 9.2 and the Operations Period ILA.
8.8 System Transition Stabilization Fund
The County shall, within the Project Budget, create a PSERN System Transition Stabilization
Fund in the amount of $ , the purpose of which shall be to reduce and phase in the
impact of increased rates on PSERN System User Agencies and Dispatch Centers. By March
31 of the year prior to the expected date for FSA as projected by the Project Manager, the Joint
Board shall adopt a System Transition Stabilization Fund plan. The plan may include
stabilization funding for some or all User Agencies and Dispatch Centers whose rate under the
PSERN System in the first three years after FSA will be higher than in 2015 under KCERCS.
9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD
9.1 Creation of a new PSERN Operator
Not later than one year prior to the expected date for FSA as projected by the Project Manager,
the Parties shall create and establish a non - profit corporation as authorized under RCW
39.34.030 to own, operate, maintain, manage and upgrade /replace the PSERN System during
the Operations Period.
9.2 Start -up of PSERN Operator
As provided in the Operations Period ILA, the Parties shall cause said new PSERN Operator to
hire an Executive Director and staff, train staff, establish facilities, contract for goods and
services, install systems and undertake all other steps necessary for the PSERN Operator to be
able to accept the transfer of the PSERN System from the County and be fully responsible for
the Operations Period upon issuance of FSA by the Joint Board.
9.3 Transfer and Novation Agreements
20
RES.B Page 138 of 176
The Parties shall cause the PSERN Operator to enter into agreements with the County and third
parties that effect the following upon FSA and after the County has determined and notified the
Parties that all Implementation Period activities have been completed:
a. transfer all PSERN System - related equipment (other than subscriber radios as
provided in Section 7.0); and
b. the novation of the contract with the PSERN Contractor, the Dispatch Center
and User Agency Agreements and all licenses, leases and other contracts and
agreements related to the PSERN System.
The Parties intend and agree that the PSERN Operator shall be deemed to be the successor to
the County for all PSERN System purposes and shall assume all of the County's rights,
responsibilities and liabilities under said contracts, licenses, leases and agreements.
10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER
10.1 Interim Operations
If the transfer of the PSERN System is not completed as provided in Section 9.0 above and the
PSERN Operations Period ILA, then the County may continue to operate and maintain the
PSERN System after FSA.
10.2 Cost Allocation Model
10.2.1 In the event the transfer to a new PSERN Operator has not occurred and if the
County continues to act as the lead for operations and maintenance beyond FSA, the
County will be paid monthly user rates by each Dispatch Center and User Agency, based
on the Cost Allocation Model, until the transfer occurs and the County has closed out its
role and incurs no more costs.
10.2.2 The Cost Allocation Model shall be applied to an annual Operations Budget
developed by either the County or the PSERN Operator for each calendar year of
Operations after FSA. The Dispatch Center and User Agency rates shall be recalculated
annually to reflect cost changes from January 1 through December 31 of each year, and
shall be included in the Operations Budget, which shall be subject to approval by the
Joint Board.
10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate the share
of costs to be billed to the Dispatch Centers and User Agencies in accordance with the
Cost Allocation Model and Operations Budget in the coming year and transmit that
information to each Dispatch Center and User Agency.
10.3 The County shall collect fees in accordance with the Dispatch Center and User Agency
Agreements.
11.0 INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND
RECORDS
21
RES.B Page 139 of 176
11.1 Intellectual Property
The Parties may be provided with products, documents or other deliverables related to the
PSERN System that are the subject of copyright, trade secret and other intellectual property
rights of, or claims of such rights. Each Party agrees that it will exercise any intellectual property
license rights in accordance with the license provisions of the County Contract and any other
applicable licenses so long as the Party has prior notice of the license requirements.
11.2 Confidential Information
11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential Information to
those employees, contractors or other persons who have a reasonable business need to
know such information; and (b) take all reasonable care, and not less than the care the
Party applies to its own confidential information, to prevent unauthorized use or
disclosure of Confidential Information. Each Party agrees that it will not use, copy,
convey or disclose any Confidential Information to any other person or entity unless
expressly authorized in writing by the person that provided the Confidential Information or
as may be required by law.
11.2.2 Such care shall include: (a) requiring such employees, contractors or other
persons to sign a nondisclosure agreement; (b) requiring any contractors to also
undertake reasonable protection measures; and (c) promptly enforcing any violations of
such agreements.
11.3 Records.
11.3.1 Each Party shall keep records as required by state law and in accordance with
such policies, procedures and retention schedules as may be established by the Joint
Board. To the extent permitted by law, all records, accounts and documents relating to
matters covered by this Agreement shall be subject to inspection, copying, review or audit
by the Washington State Auditor or any Party. Upon reasonable notice, during normal
working hours, each Party shall provide auditors from the Washington State Auditor or
the other Parties with access to its facilities for copying said records at their expense.
11.3.2 Each Party shall be responsible for responding to public disclosure requests
addressed to it in accordance with the Washington Public Records Act, Chapter 42.56
RCW, and such procedures as may be established by the Joint Board. If a Party
receives a public records request for records related to the PSERN System, the Party
receiving the request shall promptly notify the Project Director and the Joint Board.
Absent agreement by the Parties on other arrangements, the Party receiving the request
shall remain responsible for responding to the requester. In the event a request for
records is addressed to the Joint Board but specifies records of a single Party, such Party
shall assume responsibility for responding to the request. In the event a request for
records is addressed to the Joint Board but does not specify records of a single Party, the
County shall assume responsibility for coordinating the Parties' response to the request.
11.3.3 If the requested records include any Confidential Information, the Party receiving
the request shall promptly notify the Party or other person or entity that designated the
information as Confidential Information. Any Party receiving a public records request that
includes Confidential Information shall not disclose the Confidential Information for ten
(10) business days in order to give the affected Party or third party the opportunity to take
whatever action they deem necessary to protect their interests before disclosure of the
22
RES.B Page 140 of 176
Confidential Information. A Party receiving a public disclosure request shall not be
required to take any legal action in order to prevent disclosure of Confidential Information,
nor shall a Party incur any liability to any other Party for disclosing Confidential
Information in response to a public disclosure request so long as the disclosing Party has
complied with the provisions of this Section 11.
12.0 FORCE MAJEURE
Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents,
shutdowns for purpose of emergency repairs, strikes and other labor disruptions, and other
industrial, civil or public disturbances that are not reasonably within the control of a Party causing
the Party's inability to perform an obligation under this Agreement are "Force Majeure Events." If
any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform or comply
with any obligation or condition of this Agreement, such obligation or condition shall be
suspended for the time and to the extent reasonably necessary to allow for performance and
compliance and restoration of normal operations.
13.0 TERMINATION OF AGREEMENT; WITHDRAWAL AND REMOVAL OF
A PARTY
13.1 Termination of Agreement by Joint Board.
The Joint Board may terminate this Agreement in its entirety by the unanimous affirmative vote of
all voting Representatives.
13.2 Withdrawal of a Party.
13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall give
written notice to the Joint Board including its reasons therefor, a description of the
probable impacts on the other Parties, a description of the probable impacts to the scope,
schedule and budget of the PSERN Project and a proposed withdrawal work plan that
will identify all necessary actions which need to be undertaken to effect the withdrawal.
13.2.2 Upon receipt of the above - described notice and information, the Joint Board will
consider the request for withdrawal. The Joint Board may in its sole discretion approve a
Party's request to withdraw from this Agreement and establish any terms and conditions
for approval. Approval requires a unanimous vote of all voting Representatives on the
Joint Board.
13.2.3 A Party that is permitted to withdraw shall remain responsible for any obligations
that arose prior to the effective date of the withdrawal and for any that are specified under
Section 15.14 as surviving a withdrawal. A withdrawing Party shall be solely liable for
any actual costs to the other Parties arising out of or resulting from the withdrawal. Any
such costs or other amounts owed under this Agreement by a withdrawing Party shall be
paid prior to the effective date of the withdrawal or, if such amounts are not yet
established, then within thirty (30) days after the amount is established.
23
RES.B Page 141 of 176
14.0 LEGAL RELATIONS
14.1 Independent Contractors and No Third Party Beneficiaries
14.1.1 Each party to this Agreement is an independent contractor with respect to the
subject matter herein. No joint venture or partnership is formed as a result of this
Agreement.
14.1.2 Nothing in this Agreement shall make any employee of one Party an employee of
another party for any purpose, including, but not limited to, for withholding of taxes,
payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights
or privileges accorded by virtue of their employment. No Party assumes any
responsibility for the payment of any compensation, fees, wages, benefits or taxes to or
on behalf of any other Party's employees. No employees or agents of one Party shall be
deemed, or represent themselves to be, employees of another Party.
14.1.3 It is understood and agreed that this Agreement is solely for the benefit of the
Parties, ValleyCom and EPSCA and gives no right to any other person or entity.
14.2 Claims Arising from the Joint Board's Acts or Omissions
The Parties agree to share the cost, including the costs of defense, in the event of any claim,
lawsuit, demand, judgment, award or liability of any kind against the Joint Board, any Party,
ValleyCom or EPSCA and their respective officials and employees ( "Claim(s) ") arising out of, or
in any way resulting from: (a) a Joint Board action or failure to act; or (b) the County's acts or
omissions arising from a Joint Board action or failure to act. The Parties agree to share the costs
arising from such a Claim(s), including the costs of defense in the following percentages:
a. King County shall be liable for 25 %;
b. City of Seattle shall be liable for 25 %;
c. the EPSCA Cities shall be jointly and severally liable for 25 %; and
d. the ValleyCom Cities shall be jointly and severally liable for 25%
The Parties agree to cooperate with each other as necessary in responding to and defending
against all such Claims, which may include developing a joint defense plan.
14.3 Other Claims
Except for a Claim covered by Section 14.2, each Party to this Agreement shall protect, defend,
indemnify, and save harmless the other Parties and their respective officials and employees,
from any and all Claims, arising out of, or in any way resulting from, the indemnifying Party's
negligent acts or omissions. No Party will be required to indemnify, defend, or save harmless
any other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole
negligence of another Party. Where such claims, suits, or actions result from concurrent
negligence of two or more Parties, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of each Party's own negligence. Each of the Parties agrees that
its obligations under this subparagraph extend to any claim, demand, and /or cause of action
brought by, or on behalf of, any of its employees or agents. For this purpose, each of the
Parties, by mutual negotiation, hereby waives, with respect to each of the other Parties only, any
24
RES.B Page 142 of 176
immunity that would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW.
14.4 Waiver of Consequential and Certain Other Damages
ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST EPSCA, VALLEYCOM,
THE OTHER PARTIES, AND THEIR RESPECTIVE OFFICALS AND EMPLOYEES FOR ANY:
COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL,
REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS
AGREEMENT, PROVIDED THAT THIS SECTION SHALL ONLY APPLY TO CLAIMS
BETWEEN AND AMONG THE PARTIES, EPSCA AND VALLEYCOM, AND SHALL NOT BE
INTERPRETED TO LIMIT ANY CLAIMS BROUGHT PURSUANT TO SECTION 14.3.
14.5 In the event that any of the Parties or combination of the Parties incurs any judgment,
award, and /or cost arising therefrom, including attorney fees, to enforce the provisions of this
Section 14, all such fees, expenses, and costs shall be recoverable from the responsible Party or
combination of the Parties to the extent of that Party's /those Parties' culpability.
14.6 The provisions of this Section 14 shall survive the expiration or termination of this
Agreement.
15.0 GENERAL
15.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with the
King County Recorder's Office or, alternatively, listed by subject on a Party's web site or other
electronically retrievable public source.
15.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of this
Agreement.
15.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other Parties or any
one of them shall have the right to bring an action for specific performance, damages and any
other remedies available under this Agreement, at law or in equity.
15.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused unless
such waiver or consent shall be in writing and signed by the Party or Parties claimed to have
waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of
any subsequent default. Waiver of breach of any provision of this Agreement shall not be
deemed to be a waiver of any other or subsequent breach. Waiver of such default and waiver of
25
RES.B Page 143 of 176
such breach shall not be construed to be a modification of the terms of this Agreement unless
stated to be such through written approval of all Parties.
15.5 Parties Not Relieved of Statutory Obligations
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any obligation or
responsibility imposed upon it by law except that to the extent of actual and timely performance
thereof by the Joint Board, the performance may be offered in satisfaction of the obligation or
responsibility.
15.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal, state and
local statutes and regulations.
15.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Joint Board.
15.8 Dispute Resolution
If one or more Parties believes another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the Parties are
unable to resolve the matter informally, any Party may submit the matter to mediation in
accordance with the process provided in Section 4.5. If the Parties submit the matter to
mediation and the matter is not resolved, then the aggrieved Party shall be entitled to pursue any
legal remedy available.
15.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a single,
integrated, written contract expressing the entire understanding and agreement between the
Parties. No other agreement, written or oral, expressed or implied, exists between the Parties
with respect to the subject matter of this Agreement, and the Parties declare and represent that
no promise, inducement, or other agreement not expressly contained in this Agreement has
been made conferring any benefit upon them.
15.10 Amendment Only In Writing
This Agreement may be amended by action of the Joint Board in accordance with Section 4.4.1.
15.11 Notices
15.11.1 Any notice under this Agreement shall be in writing and shall be addressed to
the Chair of the Joint Board, the Project Director and to each Party's Representative.
Any notice may be given by certified mail, overnight delivery, facsimile telegram, or
personal delivery. Notice is deemed given when delivered. Email may be used for notice
that does not allege a breach or dispute under this Agreement.
15.11.2 The names and contact information set forth in Contact Information, attached
hereto and made a part hereof as Exhibit 6, shall apply until amended in writing by a
26
RES.B Page 144 of 176
Party providing new contact information to each other Party.
15.12 Choice of Law; Venue
This Agreement and any rights, remedies, and /or obligations provided for in this Agreement shall
be governed, construed, and enforced in accordance with the substantive and procedural laws of
the State of Washington. The Parties agree that the Superior Court of King County, Washington
shall have exclusive jurisdiction and venue over any legal action arising under this Agreement.
15.13 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be invalid,
unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be
severed from the remaining portions, provisions, or parts of this Agreement and the remaining
provisions shall remain in full force and effect.
15.14 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a Party's
withdrawal from this Agreement.
Section 11 Intellectual Property, Confidential Information and Records
Section 14 Legal Relations
Section 15.12 Choice of Law; Venue
Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall survive
a Party's withdrawal from this Agreement.
15.15 Counterparts
This Agreement shall be executed in counterparts, any one of which shall be deemed to be an
original, and all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in
the spaces provided below.
KING COUNTY CITY OF AUBURN
Name Name
Title Title
Date Date
27
RES.B Page 145 of 176
Attest: Attest:
Clerk City Clerk
Approved as to Form: Approved as to Form:
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
28
RES.B
Page 146 of 176
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
29
RES.B
Page 147 of 176
CITY OF KIRKLAND CITY OF MERCER ISLAND
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF REDMOND CITY OF RENTON
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
RES.B
30
Page 148 of 176
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
31
RES.B
Page 149 of 176
EXHIBIT "B"
PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement (ILA) is entered into pursuant to the
Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County and the
cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island,
Redmond, Renton, Seattle, and Tukwila, each a political subdivision or municipal
corporation of the State of Washington (individually, a "Party ") and, (collectively, the
"Parties ").
RECITALS
A. The Parties, under various interlocal agreements, have been responsible for
the ownership, operation and maintenance of various elements in the current King
County Emergency Radio Communications System (KCERCS), a voice radio system
that is nearly twenty years old and is increasingly unsupported by the supplier of the
system's equipment, software and related repairs.
B. The Parties determined that it is in the public interest that a new public safety
radio system be implemented that will provide public safety agencies and other user
groups in the region with improved coverage and capacity, and uniformly high - quality
emergency radio communications. Said new system is referred to herein as the "Puget
Sound Emergency Radio Network System" or "PSERN System."
C. The costs of implementing the PSERN System will be financed by a voter
approved funding measure.
D. The Parties have negotiated a separate agreement ( "Implementation Period
ILA ") that designates King County to act as the lead agency for planning, procurement,
financing and implementation of the PSERN System with the oversight of a Joint Board
established pursuant to the Implementation Period ILA.
E. When the Implementation Period ILA has achieved its purpose, the Parties
will create a new non - profit entity, formed under Chapter 24.06 RCW, to assume the
ownership and control of the PSERN System following Full System Acceptance. This
new entity, also referred to in the Implementation Period ILA and herein as the "PSERN
Operator", is to be responsible for the ownership, operations, maintenance,
management and on -going upgrading /replacing of the PSERN System during its useful
life.
F. The purpose of this Agreement is to establish the terms under which the
Parties will form the new non - profit entity and undertake the ownership, operations,
maintenance, management and on -going upgrading /replacing of the PSERN System.
Page 1
RES.B
Page 150 of 176
NOW, THEREFORE, in consideration of the mutual promises, benefits and
covenants contained herein and other valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree to the above Recitals and the following:
1.0 RULES OF CONSTRUCTION AND DEFINITIONS
1.1 Rules of Construction
Page 2
RES.B
1.1.1 Unless the context requires otherwise, the singular form of a word shall
also mean and include the plural (and vice versa), and the masculine gender
shall also mean and include the feminine and neutral gender (and vice versa).
1.1.2 References to statutes or regulations include all current and future
statutory or regulatory provisions consolidating, amending or replacing the
statute or regulation referred to.
1.1.3 References to sections, exhibits, attachments or appendices to this
Agreement and references to articles or sections followed by a number shall be
deemed to include all subarticles, subsections, subclauses, subparagraphs and
other divisions bearing the same number as a prefix.
1.1.4 The words "including," "includes" and "include" shall be deemed to be
followed by the words "without limitation ".
1.1.5 The words "shall" or "will" shall be deemed to require mandatory action.
1.1.6 Words such as "herein," "hereof" and "hereunder" are not limited to the
specific provision within which such words appear but shall refer to the entire
Agreement taken as a whole.
1.1.7 Words such as "person" or "party" shall be deemed to include individuals,
political subdivisions, governmental agencies, associations, firms, companies,
corporations, partnerships, and joint ventures.
1.1.8 References to "days" shall mean calendar days unless expressly stated to
be "Business Days." If the due date for a task, payment, or any other requirement
falls on a Saturday, Sunday or holiday observed by the County, the due date
shall be deemed to be the next Business Day.
1.1.9 Words not otherwise defined that have well -known technical industry
meanings are used in accordance with such recognized meanings.
1.1.10 The headings and captions inserted into this Agreement are for
convenience of reference only and in no way define, limit, or otherwise describe
the scope or intent of this Agreement, or any provision hereof, or in any way
affect the interpretation of this Agreement.
Page 151 of 176
1.1.11 This Agreement was negotiated and prepared by the Parties and their
respective attorneys. The Parties acknowledge and agree that the rule of
construction that an ambiguous contract should be construed against the drafter
shall not be applied in any construction or interpretation of this Agreement.
1.2 Definitions
Words and terms shall be given their ordinary and usual meanings except that the
following terms are defined for this Agreement as follows:
Page 3
RES.B
"Board of Directors" or "Board" means the board formed by the Parties to govern
the PSERN Operator.
"AGREEMENT " means this Interlocal Cooperation Agreement.
"BUDGET" means the budget approved by the Board of Directors to pay for the
anticipated costs of operating and maintaining the PSERN System.
"CONSOLIDATED SERVICE AREA" means those geographic areas of King
County, Pierce County and Snohomish County, Washington, previously served
by the emergency radio networks of King County, the City of Seattle, the
Eastside Public Safety Communications Agency (EPSCA) and the Valley
Communications Agency (ValleyCom), and which areas are to be prospectively
served by the PSERN System. The Consolidated Service Area shall also include
those other geographic areas that are added to the area served by the PSERN
System as expanded in accordance with action of the Board of Directors.
"COUNTY " means King County, Washington.
"EXECUTIVE DIRECTOR " means the individual selected by the Board of
Directors to administer the PSERN Operator on a daily basis.
"FULL SYSTEM ACCEPTANCE " or "FSA" means the determination issued to
the PSERN System Contractor upon satisfactorily completing the final system
development phase milestone pursuant to Contract No. [Contract Reference
Number to be included here]
"KCERS" means the King County Emergency Radio Communication System.
"OPERATIONS PERIOD" means the period that commences with the first full
month after FSA and continuing through the life of the PSERN System.
"PUGET SOUND EMERGENCY RADIO NETWORK OPERATOR " or "PSERN
Operator" means the non - profit corporation created pursuant to this Agreement
Page 152 of 176
and the Implementation Period ILA to be incorporated in Washington State for
the purpose of owning, operating, maintaining, managing and ongoing
upgrading /replacing of the PSERN System during the Operations Period.
"PUGET SOUND EMERGENCY RADIO NETWORK SYSTEM" or "PSERN
System" means the land mobile radio system constructed under the
Implementation Period ILA. It also means all equipment, software, and other
work deployed to provide public safety communication service(s) or an addition
to an existing infrastructure to provide new or additional public safety
communication service(s). "System" means an infrastructure that is deployed to
provide public safety communication service(s) or an addition to an existing
infrastructure to provide new or additional public safety communication
service(s).
"SERVICE RATE" means the rate or rates charged to User Agencies in
accordance with the Rate Model appended hereto, or as it may be amended by
action of the Board of Directors.
"SERVICES" means voice, data, video, or other services communication
provided to User Agencies.
"USER AGENCY " means an entity that is authorized under a User Agency
Agreement to use the PSERN System.
"USER AGENCY AGREEMENT" means an agreement executed between the
County or the PSERN Operator, as appropriate, and a User Agency establishing
the terms under which a User Agency is allowed to access and use the PSERN
System.
2.0 DURATION OF AGREEMENT
2.1 Effective Date and Conditions
Except as provided herein, this Agreement shall be in effect on the date it is last signed
by an authorized representative of each the Parties, and shall remain in effect until
terminated as provided in Section 7. However, Sections 4, 5, and 6 of this Agreement
shall not be effective until the date the articles of incorporation for the PSERN Operator
are filed with the Washington Secretary of State pursuant to Chapter 24.06 RCW.
3.0 PURPOSE OF THE AGREEMENT
Following completion of the Implementation Period ILA and Full System Acceptance,
the purpose of this Agreement is to provide communication services to public safety
users and any other agencies permitted to be licensed in the 800 MHz Public Safety
Radio Spectrum pursuant to 47 C.F.R. Part 90 that are within the boundaries of the
Consolidated Service Area. To effectuate this purpose, the Parties authorize
Page 4
RES.B
Page 153 of 176
establishment of a non - profit entity pursuant to Chapter 24.06 RCW, which entity shall
be known as the PSERN Operator, initially consisting of King County, and the cities of
Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond,
Renton, Seattle and Tukwila.
4.0 BOARD OF DIRECTORS
4.1 Creation of Board of Directors
The affairs of the PSERN Operator shall be governed by a Board of Directors that is
hereby created pursuant to RCW 39.34.030(4) that shall act on behalf of all Parties and
as may be in the best interests of PSERN. The Board of Directors is not a separate
legal or administrative entity within the meaning of RCW 39.34.030(3).
4.2 Composition of the Board of Directors
The Board of Directors shall be composed of four voting members: one member from
King County, one member from the City of Seattle, one member representing the cities
of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, and one member
representing the cities of Auburn, Federal Way, Kent, Renton and Tukwila. Each such
member shall be the Chief Executive Officer of the political subdivision or municipal
corporation from which the representative comes, or his /her designee. The Board of
Directors Chair shall be elected from among its members. The Board of Directors shall
also elect a Vice Chair from among its members to serve in the absence of the Chair.
Each of the Parties shall provide written notice of their initial Board of Directors member
to the Chair of the Joint Board established under the Implementation Period ILA.
Thereafter, notice of a change to a Party's Board of Directors member shall be effective
upon delivery of written notice by the Party to the Chair of the Board of Directors.
4.2.1 The Board of Directors shall also include two nonvoting members to
comment and participate in discussion but who are not entitled to vote on any
matter and who are selected by the voting members: one member from the law
enforcement public safety profession and one member from the fire or
emergency medical services public safety profession. Each such member shall
be the Chief or his /her designee. These members shall not be employees of one
of the Parties.
4.3 Quorum and Meeting Procedures
Page 5
RES.B
4.3.1 A quorum for a meeting of the Board of Directors shall be a majority of the
Board members who have voting authority. Action by the Board of Directors shall
require the affirmative vote of at least three Board members.
4.3.2 Any Board of Directors member who has voting authority may request that
a vote on a measure be deferred until the next meeting. The measure shall then
be deferred for one meeting unless the other three members find either that there
is an emergency requiring that the vote be taken at the originally scheduled
meeting or that a delay would likely result in harm to the public, Users, or the
Page 154 of 176
PSERN Operator. A vote on the same measure shall not be deferred a second
time without the concurrence of the majority of the Board of Directors.
4.2.2 The Board of Directors shall establish by -laws and procedures for its
operations and meetings including the establishing of a regular meeting schedule
and location and providing for the scheduling of special and emergency
meetings.
4.2.3 The Board of Directors shall take actions by vote and each voting Board
member shall be entitled to one vote. All votes shall have equal weight in the
decision - making process.
4.2.4 Board members must be present at a meeting to vote and may not vote by
proxy, provided that if approved by the Board, a member may participate in
Board meetings and may vote on Board issues via telephone or other electronic
voice communication.
4.2.5 Monthly meetings of the Board of Directors shall be scheduled provided
that there shall be a minimum of two (2) meetings held each year. Other
meetings may be held upon request of the Chair or any two members.
4.2.6 The Board of Directors shall comply with applicable requirements of the
Washington State Open Public Meetings Act (Chapter 42.30 RCW).
4.2.7 A designee attending Board of Directors meetings on behalf of a regular
member of the Board shall be entitled to exercise all rights of the member to
participate in such meetings, including participating in discussion, making
motions, and voting on matters coming before the Board.
4.3 Board of Directors Actions
Page 6
RES.B
4.3.1 The Board of Directors shall oversee the operation and maintenance of the
PSERN Operator. In furtherance of that oversight, the Parties confer upon the
Board of Directors the broadest power and authority provided to King County and
each member city consistent with the Washington Constitution to achieve the
purpose of this Agreement. Any specific enumeration of municipal power
contained in this Agreement or in any other applicable general law shall not be
construed in any way to limit the general description of power contained in this
Agreement, and any specifically enumerated powers shall be construed as in
addition and supplementary to the powers conferred in general terms through
this Agreement. All grants of municipal power to the municipalities electing to
exercise authority under the provisions of this Agreement, whether the grant is in
specific terms or in general terms, shall be liberally construed in favor of the grant
of powers given by the municipalities that are Parties to this Agreement. By way
of example, some of those powers include:
Page 155 of 176
Page 7
RES.B
a. Amend this Agreement, subject to Section 11.10;
b. Establish committees and advisory groups to perform activities related
to the PSERN System;
c. Adopt and amend budgets and approve expenditures.
d. Adopt and amend policies and bylaws for the administration and
regulation of the PSERN Operator;
e. Approve contracts within the parameters of the established
purchasing and contracting policies;
f. Direct and supervise the activities of the Operating Board and the
Executive Director;
g. Hire, set the compensation for, and terminate the employment of the
Executive Director. The Board shall evaluate the Executive Director's
performance and give the Executive Director a written evaluation of his or
her performance at least annually;
h. Establish a fund or special fund or funds as authorized by RCW
39.34.030;
i. Establish Services Rates and terms of use for User Agencies;
j. Conduct regular and special meetings;
k. Approve PSERN operation and maintenance standards;
I. Determine the services the PSERN Operator shall offer and the terms
under which they will be offered;
m. Approve agreements with third parties;
n. Incur debt in the name of the PSERN Operator to make purchases or
contracts for services to implement the purposes of this Agreement;
o. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the PSERN Operator;
p. Sell, convey, mortgage, pledge, lease, exchange, transfer, and
otherwise dispose of all of its property and assets;
Page 156 of 176
q. Sue and be sued, complain and defend, in all court of competent
jurisdiction;
r. Hold licenses for radio frequencies;
s. Recommend action to the legislative bodies of the Parties and User
Agencies;
t. Delegate the Board of Directors' authority under this Agreement
subject to such limitations and conditions as the Board of Directors may
establish.
u. Enter into agreements with other agencies to accomplish tasks for the
PSERN Operator such as agreements regarding procurement, employee
benefits, and property leasing;
v. Exercise any powers necessary to further the goals and purposes of
this Agreement that are consistent with the powers of the Parties; and
5.0 OPERATING BOARD
Creation of Operating Board
An Operating Board of radio users will be created by the Board of Directors for the
purposes of providing advice and other duties as deemed appropriate by the Board of
Directors.
6.0 EXECUTIVE DIRECTOR
The Executive Director shall report to the Board of Directors and shall advise it from
time to time on matters related to the operation and functions of the PSERN System
and the PSERN Operator, including proposed budgets, financial and liability issues, and
other appropriate matters related to the PSERN System and the PSERN Operator. The
Director may also request assistance from the Operating Board to address tasks calling
for technical and user - related expertise.
6.1 Executive Director Duties
Page 8
RES.B
6.1.1 The Executive Director shall:
a. Schedule and manage the PSERN Operator's day -to -day activities in
consistent with the policies, procedures, and standards adopted by the
Board of Directors;
Page 157 of 176
b. Hire, evaluate at least annually, and terminate staff in compliance with
the PSERN Operator's budget;
c. Propose and administer Annual Budgets including its contingency;
d. Approve expenditures and sign contracts in amounts up to $100,000
that are included in the budget without additional approval of the Board
of Directors;
e. Track the performance of PSERN systems and services;
f. Provide support to the Board of Directors;
g. Recommend policies, procedures, and standards, including changes to
these policies, procedures, and standards;
h. Provide written monthly reports to the Board of Directors describing the
PSERN Operator's budget status, system performance against targets,
partial or full system outages, purchases equal to or greater than
$10,000, and usage statistics;
i. Maintain and manage records in accordance with the state Public
Records Act (Ch. 42.56 RCW) and other applicable state and federal
laws and regulations; and
j. Perform other duties as assigned.
6.2 Qualifications and Status of the Executive Director
The Executive Director shall have experience in the technical, financial and
administrative fields of public safety radio and his or her appointment shall be on the
basis of merit only. The Executive Director is an "at will" position that may not be
modified by any PSERN Agency policy, rule, or regulation regarding discipline or
termination of PSERN Agency employees, and accordingly, the Executive Director may
be terminated from his or her position upon majority vote of the Board of Directors.
7.0 WITHDRAWAL AND REMOVAL
7.1 Withdrawal of a Party.
Page 9
RES.B
7.1.1 In the event that a Party desires to withdraw from this Agreement, it shall
give written notice to the Board before January 1st of the year prior to the year
the withdrawal will be effective. The Party's withdrawal shall become effective on
Page 158 of 176
the last day of the year following delivery and service of appropriate notice to all
other Parties.
7.1.2 A Party that withdraws shall remain responsible for any obligations that
arose prior to the effective date of the withdrawal and for any that are specified
under Section [Section reference to be inserted.] as surviving a withdrawal.
A withdrawing Party shall be solely liable for any actual costs to the other Parties
arising out of or resulting from the withdrawal. Any such costs or other amounts
owed under this Agreement by a withdrawing Party shall be paid prior to the
effective date of the withdrawal or, if such amounts are not then established, then
within thirty (30) days after the amount is established.
7.1.3 If Party withdraws from this Agreement, the withdrawing Party will forfeit
any and all rights it may have to PSERN System real or personal property, or any
rights to participate in the PSERN Operator, unless otherwise provided by the
Board of Directors.
7.2 Removal of a Party.
The Board of Directors may, for cause, remove a Party from this Agreement and
terminate the Party's rights to participate in PSERN. Cause may include, but is not
limited to, failure to act in good faith in participating in the Board of Directors and willful,
arbitrary failure to approve and appropriate funds necessary to pay the Party's share of
the costs under this Agreement.
8.0 DISSOLUTION AND TERMINATION
Three (3) or more Parties may, at any one time, by written notice provided to all Parties,
call for a complete dissolution of the PSERN Operator and termination of this
Agreement. Upon an affirmative majority vote by the Board of Directors and an
affirmative majority vote of the legislative bodies of each of the Parties for such
dissolution and termination, the Board of Directors shall establish a task force to
determine how the PSERN System assets, liabilities and properties will be divided upon
dissolution. Final approval of the disposition of the PSERN System assets shall require
an affirmative majority vote by the Board of Directors. Upon an affirmative majority vote
by the Board of Directors and upon an affirmative majority vote of the legislative bodies
of each of the Parties, the PSERN Operator shall be directed to wind up business, and
a date will be set for final termination, which shall be at least one (1) year from the date
of the vote to dissolve and terminate this Agreement. Upon the final termination date,
this Agreement shall be fully terminated.
9.0 LEGAL RELATIONS
9.1 Employees and No Third Party Beneficiaries
Page 10
RES.B
Page 159 of 176
9.1.2 Nothing in this Agreement shall make any employee of one Party an
employee of another party for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded by virtue of their
employment. No Party assumes any responsibility for the payment of any
compensation, fees, wages, benefits or taxes to or on behalf of any other Party's
employees. No employees or agents of one Party shall be deemed, or represent
themselves to be, employees of another Party.
9.1.3 It is understood and agreed that this Agreement is solely for the benefit of
the Parties and gives no right to any other person or entity.
9.2 Indemnification.
Each Party to this Agreement shall protect, defend, indemnify, and save harmless the
other Parties and their respective officials and employees, from any and all Claims,
arising out of, or in any way resulting from, the indemnifying Party's negligent acts or
omissions arising out of this Agreement. No Party will be required to indemnify, defend,
or save harmless the other Party if the claim, suit, or action for injuries, death, or
damages is caused by the sole negligence of another Party. Where such claims, suits,
or actions result from concurrent negligence of two or more Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
Party's own negligence. Each of the Parties agrees that its obligations under this
subparagraph extend to any claim, demand, and /or cause of action brought by, or on
behalf of, any of its employees or agents. For this purpose, each of the Parties, by
mutual negotiation, hereby waives, with respect to each of the other Parties only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. Any loss or liability resulting from the negligent
acts, errors, or omissions of the Board of Directors, Operating Board, Executive Director
and /or staff, while acting within the scope of their authority under this Agreement, shall
be borne by the PSERN Operator exclusively. The provisions of this Section shall
survive the termination, expiration or withdrawal from of this Agreement.
10.0 PUBLIC RECORDS
10.1 Records Keeping Responsibilities.
10.1.1 The Executive Director shall keep records related to the PSERN System
and PSERN Operator as required by state law and in accordance with the
policies, procedures and retention schedules as may be established by the
Administrative Board.
10.1.2 Each Party shall keep records related to the PSERN System and PSERN
Operator as required by state law and in accordance with such the policies,
procedures and retention schedules as may be established by the Party, and
each Party shall be responsible for responding to public disclosure requests
Page 11
RES.B
Page 160 of 176
addressed to it in accordance with the Washington Public Records Act, Chapter
42.56 RCW, and such procedures as may be established by the Party.
10.1.3 The Executive Director shall be responsible for responding to public
disclosure requests addressed to the PSERN Operator in accordance with the
Washington Public Records Act, Chapter 42.56 RCW, and such procedures as
may be established by the Administration Board.
10.1.4 If a Party or the PSERN Operator or the Executive Director receives a
public records request for records related to the PSERN System or the PSERN
Operator, the recipient of that request shall promptly notify the other parties to
this Agreement, Chair of the Administration Board and the Executive Director.
10.1.5 Absent agreement by the Parties or other arrangements, the recipient of
that request shall remain responsible for responding to the requester. In the
event a request for records is addressed to the PSERN Operator, the Executive
Director or the Board of Directors but specifies records of a single Party, such
Party shall assume responsibility for responding to the request. In the event a
request for records is addressed to the Board of Directors but does not specify
records of a single Party, PSERN shall assume responsibility for coordinating the
Parties' response to the request.
11.0 GENERAL
11.1 Filing of Agreement
Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed
with the King County Recorder's Office or, alternatively, listed by subject on a Party's
web site or other electronically retrievable public source.
11.2 Time of the Essence
The Parties recognize that time is of the essence in the performance of the provisions of
this Agreement.
11.3 Specific Performance
In the event a Party fails to perform an obligation under this Agreement, the other
Parties or any one of them shall have the right to bring an action for specific
performance, damages and any other remedies available under this Agreement, at law
or in equity.
11.4 No Waiver
No term or provision of this Agreement shall be deemed waived and no breach excused
unless such waiver or consent shall be in writing and signed by the Party or Parties
Page 12
RES.B
Page 161 of 176
claimed to have waived or consented. Waiver of any default of this Agreement shall not
be deemed a waiver of any subsequent default. Waiver of breach of any provision of
this Agreement shall not be deemed to be a waiver of any other or subsequent breach.
Waiver of such default and waiver of such breach shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
approval of all Parties.
11.5 Parties Not Relieved of Statutory Obligation
Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any
obligation or responsibility imposed upon it by law except that to the extent of actual and
timely performance thereof by the Board of Directors, the performance may be offered
in satisfaction of the obligation or responsibility.
11.6 Nondiscrimination
The Parties shall comply with the nondiscrimination requirements of applicable federal,
state and local statutes and regulations.
11.7 No Assignment
No Party shall transfer or assign a portion or all of its responsibilities or rights under this
Agreement, except with the prior authorization of the Administration Board.
11.8 Dispute Resolution
If one or more Parties believe another Party has failed to comply with the terms of this
Agreement, the affected Parties shall attempt to resolve the matter informally. If the
Parties are unable to resolve the matter informally, any Party may submit the matter to
mediation. In any event, if the matter is not resolved, then any Party shall be entitled to
pursue any legal remedy available.
11.9 Entire Agreement
The Parties agree that this Agreement, including any attached exhibits, constitutes a
single, integrated, written contract expressing the entire understanding and agreement
between the Parties. No other agreement, written or oral, expressed or implied, exists
between the Parties with respect to the subject matter of this Agreement, and the
Parties declare and represent that no promise, inducement, or other agreement not
expressly contained in this Agreement has been made conferring any benefit upon
them.
11.10 Amendment Only In Writing
This Agreement may be amended by an affirmative majority vote the Board of Directors
and unanimity of the Parties.
Page 13
RES.B
Page 162 of 176
11.11 Notices
11.11.1 Any notice under this Agreement shall be in writing and shall be
addressed to the Parties' as listed below. Any notice may be given by certified
mail, overnight delivery, or personal delivery. Notice is deemed given when
delivered. Email, acknowledgement requested, may be used for notice that does
not allege a breach or dispute under this Agreement. Email notice is deemed
given when the recipient acknowledges receipt.
11.11.2 The names and contact information set forth in this Agreement shall
apply until amended in writing by a Party providing new contact information to
each other Party and the date the amendment is effective.
11.12 Conflicts
In the event that any conflict exists between this Agreement and any exhibits hereto, the
Agreement shall control.
11.13 Choice of Law; Venue
This Agreement and any rights, remedies, and /or obligations provided for in this
Agreement shall be governed, construed, and enforced in accordance with the
substantive and procedural laws of the State of Washington. The Parties agree that the
Superior Court of King County, Washington shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
11.14 Severability
The provisions of this Agreement are severable. If any portion, provision, or part of this
Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be
invalid, unenforceable, or void for any reason whatsoever, each such portion, provision,
or part shall be severed from the remaining portions, provisions, or parts of this
Agreement and the remaining provisions shall remain in full force and effect.
11.15 Survival Provisions
The following provisions shall survive and remain applicable to each of the Parties
notwithstanding any termination or expiration of this Agreement and notwithstanding a
Party's withdrawal or removal from this Agreement.
Section 8
Section 10
Section 11.13
11.16 Counterparts
Page 14
RES.B
Legal Relations
Public Records
Choice of Law; Venue
Page 163 of 176
This Agreement shall be executed in counterparts, any one of which shall be deemed to
be an original, and all of which together shall constitute one and the same instrument.
11.17 Execution and Effective Date.
This Agreement shall be executed on behalf of each Party by its duly authorized
representative, pursuant to an appropriate motion, resolution, or ordinance of such
Party.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their
names and indicated the date of signing in the spaces provided below.
KING COUNTY CITY OF AUBURN
Name Name
Title Title
Date Date
Attest: Attest:
Clerk City Clerk
Approved as to Form: Approved as to Form:
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Page 15
RES.B
Page 164 of 176
Approved as to Form: Approved as to Form:
City Attorney
CITY OF ISSAQUAH
City Attorney
CITY OF KENT
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
Page 16
RES.B
Page 165 of 176
CITY OF REDMOND CITY OF RENTON
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF SEATTLE CITY OF TUKWILA
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Form: Approved as to Form:
City Attorney City Attorney
Page 17
RES.B
Page 166 of 176
Exhibit 1
Contracting Plan
1.0 General
1.1 This Contracting Plan sets forth the general contract procurement and contract administration
responsibilities of the County and its employees with regard to those contracts determined to be
necessary or desirable for the planning, implementation, testing, operation and maintenance of
PSERN during the term of the Agreement. Such contracts include contracts with: (a) the vendor
providing the PSERN System and Subscriber Radios; (b) the consultant designing the
improvements at certain sites; and (c) the contractor constructing said site improvements.
1.2 The Project Director, and those King County employees designated by the Project Director,
shall be responsible for the procurements and day -to -day administration of such contracts and
shall make all decisions related thereto subject to such approval by the Joint Board as may be
required by the Agreement
2.0 Contract Procurement Activities
2.1 The County shall be responsible for the following contract procurement activities:
a. drafting and issuing the applicable Invitations To Bid (ITBs) or Requests for Proposals
( "RFPs ") and any modifications to these documents;
b. responding to questions and evaluating bids or proposals submitted in response to the
ITBs or RFPs;
c. conducting contract negotiations;
d. awarding contracts and responding to any protests or challenges to the awards; and
e. responding to requests for County records related to the procurement processes.
2.2 The Joint Board may appoint technical or other committees to participate with the County in
the above procurement activities by providing timely review, comments and recommendations to
the County's Buyer and Project Director, as applicable.
3.0 Contract Administration Activities
3.1 The County shall be responsible for administering PSERN - related contracts including the
following activities:
a. Monitoring contractors' compliance with contract schedule, scope, budget, quality
requirements, and all other terms and conditions;
b. Participating in inspections, testing and other compliance- verification measures;
c. Identifying performance deficiencies and requiring remediation;
d. Managing the Contract Change Order and amendment processes and performing
cost /price analyses of Contract Changes as necessary;
e. Reviewing and responding to the contractors' deliverables and assertions of milestone
completion within prescribed review timeframes using the agreed upon procedures;
f. Responding to and resolving contractor claims;
g. Processing and paying contractor invoices;
h. Administering warranty claims;
1
RES.B Page 167 of 176
i. Coordinating communications between contractors and the owners of sites and facilities
at which PSERN equipment will be located or current equipment will be removed;
j. Coordinating communications between contractors and the owners of vehicles in which
PSERN equipment will be installed;
k. Coordinating with User Agencies in the ordering of Subscriber Radios
I. Coordinating internal and external audits;
m. Responding to information and public disclosure requests from the public and media;
n Monitoring expenditures compared to the Project Budget, including use of contingency
amounts;
o. Providing reports to the Joint Board on contract administration and the current status of
the PSERN Project; and
p. Contract Close -out.
3.2 The Project Director shall develop appropriate procedures and practices for the activities
listed above. The Project Director may amend such procedures and practices as necessary.
3.3 The Parties acknowledge that it is essential the Project Director serve as the sole
communication conduit with each contractor on matters related to PSERN. Unless specifically
designated by the Project Director, the Joint Board Representatives, their Alternates, members of
any committees and the Parties and their employees, representatives, consultants, and agents
shall not communicate with the contractors on PSERN - related matters.
4.0 Contract Changes
4.1 The County shall execute in writing any changes or amendments to a contract's terms,
conditions, specifications, scope, schedule, price, or other requirements ( "Contract Change ").
4.2 Except in case of an emergency, the Project Director shall obtain prior - approval by the Joint
Board of any Contract Change that:
a. individually adds more than $200,000 in contract cost;
b. collectively, when combined with all other Contract Changes to the applicable
contract, adds more than $1,000,000 in cost to that contract;
c. adds more than thirty (30) days to a contract's schedule;
d. materially changes the PSERN System design;
e. exceeds a PSERN Project Budget line item; or
f. that the Project Director determines to be elective.
5.0 Contractor Claims
5.1 In the event a contractor files a claim for additional time or money, the Project Director shall
notify the Joint Board of the requested Contract Change and whether the Project Director
approves or rejects same. The Project Director is authorized to negotiate and resolve such
claims, subject to the same limitations as regarding Contract Changes set forth above.
5.2 The Joint Board, its committees and the Parties shall cooperate with the Project Director and
support the Project Director in responding, defending and /or resolving such claims including
collecting and providing information and participating in any dispute resolution and legal
proceedings related to such contractor requests or claims.
2
RES.B Page 168 of 176
6.0 Conditions on Participation in Procurement and Contract Administration Activities
The Project Director may require, as a condition of participating in the PSERN procurement and
contract administration activities, that Joint Board Representatives and Alternates, committee
members and any other individuals agree in writing to keep information confidential and comply
with all laws, regulations, PSERN contracts, County requirements and the provisions of this
Agreement including provisions relating to conflict of interest, confidentiality, records retention,
records disclosure and other requirements.
END OF EXHIBIT 1.
3
RES.B Page 169 of 176
Kin • Count Sites
Seattle Sites Valle com Sites EPSCA Sites
Clearview
Crista
Federal Way
Grass Mountain
Harborview Medical Center
King County Courthouse
King County Jail
King County Regional Justice Center
Marysville Water Tank
Rattlesnake Mountain
Ring Hill
Snoqualmie Pass
Sobieski Mountain
Squak Mountain
Top Hat
View Park
Apple Cove
Capitol Hill
Northeast
West Seattle
Participating PSAP'S and Dispatch Locations
Bothell Police Department
Enumclaw Police Department
Harborview Medical Center
Issaquah Police Department
King County Courthouse
King County Jail
NORCOM 911
King County RCECC
Redmond Police Department
King County Regional Justice Center
Seattle Fire Department
Seattle Police Department
Seattle Public Utilities
Sound Transit LCC
Sound Transit OMF
UW Police Department
Valleycom
King County Youth Service Center
PSAP
PSAP
DISPATCH
PSAP
DISPATCH
DISPATCH
PSAP
PSAP
PSAP
DISPATCH
PSAP
PSAP
DISPATCH
DISPATCH
DISPATCH
PSAP
PSAP
DISPATCH
Cambridge
McDonald Peak
Skyway
Kent Sites
Cambridge
Education Hill
Norway Hill
West Tiger Mountain
Redmond Sites
Education Hill
Bellevue Sites
Bellevue Fire Station 9
RES.B Page 170 of 176
Seattle EPSCA Vallevcom
Fixed Mobile Fixed Mobile Fixed Mobile
851.1875 806.1875 851.1375 806.1375 851.0625 806.0625
851.4125 806.4125 851.8875 806.8875 851.0875 806.0875
851.9375 806.9375 852.6375 807.6375 851.1625 806.1625
851.9875 806.9875 853.3875 808.3875 851.3625 806.3625
852.1625 807.1625 853.4125 808.4125 851.8125 806.8125
852.6875 807.6875 854.2375 809.2375 851.9625 806.9625
852.9125 807.9125 855.4875 810.4875 852.1125 807.1125
853.4375 808.4375 866.1625 821.1625 852.6125 807.6125
853.6625 808.6625 866.2125 821.2125 852.7125 807.7125
854.1125 809.1125 866.4125 821.4125 852.8625 807.8625
854.1875 809.1875 866.4625 821.4625 853.3125 808.3125
854.3625 809.3625 866.6625 821.6625 853.4875 808.4875
854.4125 809.4125 866.9125 821.9125 853.6125 808.6125
866.2875 821.2875 866.9875 821.9875 854.0875 809.0875
866.3125 821.3125 867.2250 822.2250 854.2875 809.2875
866.3375 821.3375 867.2500 822.2500 855.7125 810.7125
866.4375 821.4375 867.3125 822.3125 855.9875 810.9875
866.6875 821.6875 867.3625 822.3625 856.4375 811.4375
866.7125 821.7125 867.3875 822.3875 856.7125 811.7125
866.7375 821.7375 867.4875 822.4875 856.9375 811.9375
866.8875 821.8875 867.8125 822.8125 857.2625 812.2625
867.2875 822.2875 867.8875 822.8875 857.4375 812.4375
867.7625 822.7625 868.2000 823.2000 857.7125 812.7125
867.7875 822.7875 868.2250 823.2250 857.9375 812.9375
868.1750 823.1750 868.5250 823.5250 858.2625 813.2625
868.4750 823.4750 868.6500 823.6500 858.7125 813.7125
868.6750 823.6750 868.7750 823.7750 858.9375 813.9375
868.8750 823.8750 868.8250 823.8250 859.4375 814.4375
866.1625 821.1625 868.9000 823.9000 859.9375 814.9375
866.4125 821.4125 868.9500 823.9500 860.2625 815.2625
866.6625 821.6625 868.9750 823.9750 860.7125 815.7125
868.2250 823.2250 867.0125 822.0125 866.3625 821.3625
868.6500 823.6500 866.3875 821.3875
868.9000 823.9000 866.9375 821.9375
867.5125 822.5125 866.9625 821.9625
867.3375 822.3375.
Frequency in MHz 867.4375 822.4375
867.8375 822.8375
867.8625 822.8625
868.4250 823.4250
868.4500 823.4500
866.5125 821.5125
RES.B
Page 171 of 176
King County King County
Fixed Mobile Fixed Mobile
154.9650 153.9950 866.3875 821.3875
155.1900 154.6500 866.4875 821.4875
155.3700 155.3700 866.4875 821.4875
460.5500 465.5500 866.5500 866.5500
851.0625 806.0625 866.5750 866.5750
851.0875 806.0875 866.6000 866.6000
851.1625 806.1625 866.6250 866.6250
851.3625 806.3625 866.6500 866.6500
851.8125 806.8125 866.9375 821.9375
851.9625 806.9625 866.9625 821.9625
852.1125 807.1125 867.3375 822.3375
852.6125 807.6125 867.4375 822.4375
852.8625 807.8625 867.4625 822.4625
853.3125 808.3125 867.6875 867.6875
853.4875 808.4875 867.6875 867.6875
853.6125 808.6125 867.7000 867.7000
854.0875 809.0875 867.7125 822.7125
854.2875 809.2875 867.8375 822.8375
855.2375 810.2375 867.8625 822.8625
855.9875 810.9875 867.9750 822.9750
856.2375 811.2375 868.0125 823.0125
856.4625 811.4625 868.2500 823.2500
856.4875 811.4875 868.4000 823.4000
856.9625 811.9625 868.4250 823.4250
856.9875 811.9875 868.4500 823.4500
857.2375 812.2375 868.5750 823.5750
857.4625 812.4625 868.7000 823.7000
857.4875 812.4875
858.2375 813.2375
858.4625 813.4625
858.4875 813.4875
858.9625 813.9625
859.4625 814.4625
860.4625 815.4625
860.9625 815.9625
866.0125 821.0125
866.0500 866.0500
866.0750 866.0750
866.1000 866.1000
866.1250 866.1250
866.1500 866.1500
866.3625 821.3625
RES.B
Page 172 of 176
Seattle EPSCA Valleycom King County
5945.20 5945.20 5974.85 5945.20
6063.80 6034.15 6004.50 5974.85
6315.84 6197.24 6635.00 6004.50
10715.00 6286.19 10795.00 6093.45
10795.00 10775.00 10835.00 6197.24
10995.00 10795.00 11285.00 6226.89
11095.00 10835.00 11405.00 6256.54
11215.00 10955.00 11525.00 6345.59
11285.00 11245.00 11565.00 6675.63
11445.00 11285.00 6795.00
11585.00 11325.00 6835.63
11445.00 10715.00
10755.00
10795.00
10915.00
11035.00
Frequency in MHz 11075.00
11215.00
11245.00
11285.00
11405.00
11565.00
RES.B
Page 173 of 176
Draft Exhibit 5
List of User Agencies Eligible for Radio Exchanges
Auburn School District
Bellevue Community College
Bellevue School District
Cedar River Water and Sewer District
City of Algona
City of Auburn
City of Bellevue
City of Black Diamond
City of Bothell
City of Burien
City of Carnation
City of Clyde Hill
City of Covington
City of Des Moines
City of Duvall
City of Enumclaw
City of Federal Way
City of Issaquah
City of Kenmore
City of Kent
City of Kirkland
City of Lake Forest Park
City of Medina
City of Mercer Island
City of Newcastle
City of Pacific
City of Redmond
City of Renton
City of Sammamish
City of SeaTac
City of Seattle
City of Shoreline
City of Snoqualmie
City of Tukwila
City of Woodinville
Covington Water District
Eastside Fire & Rescue
Eastside Hazmat
Enumclaw School District
Kent School District
King County
King County Fire District # 2
King County Fire District # 4
King County Fire District #11
King County Fire District #13
King County Fire District #16
King County Fire District #20
King County Fire District #27
King County Fire District #28
King County Fire District #36
King County Fire District #43
King County Fire District #44
King County Fire District #45
King County Fire District #47
King County Fire District #51
King County Public Hospital District # 1
King County Public Hospital District # 2
King County Public Hospital District # 4
King County Water District #20
King County Water District #49
King County Water District #75
Lake Washington School District
Midway Sewer District
NORCOM
Northeast Sammamish Sewer & Water District
Northshore School District
Northshore Utility District
Public Health - Seattle & King County
Renton School District
Riverview School District
Ronald Wastewater District
Sammamish Plateau Water & Sewer District
Seattle Children's Hospital
Snoqualmie Nation
Soos Creek Water and Sewer
Sound Transit
South Correctional Entity
South King Fire and Rescue
RES.B Page 174 of 176
EPSCA
Federal Way Public Schools
Harborview Medical Center
Highline School District
Issaquah School District
Kent Fire Authority
Tahoma School District
University of Washington
Valley Communications Center
Valley Regional Fire Authority
Valley View Sewer District
RES.B Page 175 of 176
Frequency Spectrum Licensing Approach:
1. Today RCB Members (CoS, VCC, ESPCA, KC) have "'126 Land Mobil Radio (LMR) Frequencies (plus
some undetermined number of Microwave (MW) Licenses) Licensed.
2. Each Licensee writes letters of concurrence agreeing that the PSERN designed frequencies can
be Co- Licensed (today that is 120 LMR Frequencies + MW Licenses; other frequencies not
needed remain in name of original licensees)
3. System Vendor applies for licenses in King County's name @ Milestone 1B, —Jan 2016
4. County receives licenses for MW and LMR frequencies (Date TBD)
5. System is built Milestone 2A — 5B, Apr 2017 —Jan 2019
6. Migration of users from current system to PSERN Jan 2019 — Mar 2020
7. All users fully transitioned to PSERN Mar 2020
8. FSA is issued Apr 2020. All frequencies in use in PSERN will be un- licensed by RCB members.
9. If non - Profit is ready to accept PSERN at FSA, KC will transfer licenses to non - Profit at FSA (Apr
2020)
10. If the non - Profit -is not ready, KC will hold licenses only as long as it takes to get the non- Profit
ready, then transfer them (Date TBD)
Note: During steps 4 -7 KCERCS and PSERN are dual ( "Co - ") licensed.
RES.B Page 176 of 176