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Home My WebLink About12-01-2014 FINANCE COMMITTEE AGENDA,A BURN VVAS,I�IN(A"i'() ' CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. November 17, 2014 Minutes* Finance Committee December 1, 2014 - 5:00 PM Annex Conference Room 1 AGENDA B. Claims Vouchers* (Coleman) Claims voucher numbers 431308 through 431472 in the amount of $3,039,619.66 and two wire transfers in the amount of $2,816.54 and dated December 1, 2014. C. Payroll Vouchers (Coleman) Payroll check numbers 535126 through 535199 in the amount of $363,247.58 and electronic deposit transmissions in the amount of $1,369,666.42 for a grand total of $1,732,914.00 for the period November 13, 2014 to November 26, 2014. III. ORDINANCES A. Ordinance No. 6533* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, adopting the 2015 -2016 Biennial Budget for the City of Auburn, Washington B. Ordinance No. 6539* (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013 -2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474, Ordinance No. 6481, Ordinance No. 6502, Ordinance No. 6510, authorizing amendment to the City of Auburn 2013 -2014 Budget as set forth in Schedule "A" and Schedule "B" IV. RESOLUTIONS A. Resolution No. 5110* (Held) 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) Page 1 of 162 V. DISCUSSION ITEMS A. Studv Sessions - Finance Items' (Coleman) B. VADIS Service Aqreement AGS-080• (Coleman) C. Ordinance No. 6543* (Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.270 of the Auburn City Code related to parking restrictions D. Resolution No. 5096• (Hursh) A Resolution of the City Council of the City of Auburn, Washington, authorizing fhe adoption of fhe 2014 King County Regional Hazard Mitigation Plan including the City of Auburn Plan Annex VI. ADJOURNMENT Agendas and minutes are avarla6le to the public at the City Clerk's Office, on the City website (http:%/www.auburnwa.qov), 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 2 of 162 'Alu,BURN VVA,S p � I N G "i'( Agenda Subject: November 17, 2014 Minutes AGENDA BILL APPROVAL FORM Department: Attachments: Administration 11 ®17 ®2014 minutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Meeting Date: December 1, 2014 Staff: Date: November 25, 2014 Budget Impact: $0 1 - . . CA.A AUBURN * MORE THAN YOU IMAGINED Page 3 of 162 .:ITYOf ''AUBURN CALL TO ORDER Finance Committee November 17, 2014 - 5:00 PM Annex Conference Room 1 MINUTES Chair Largo Wales 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 Chair Largo Wales, Vice Chair Holman and Member Yolanda Trout were present. 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, Customer Care Manager Brenda Goodson -Moore and Deputy City Clerk Shawn Campbell. B. Announcements There was no announcement. C. Agenda Modifications Updated exhibits for Ordinance No. 6533 were provided at the meeting. CONSENT AGENDA A. November 3, 2014 Minutes Member Trout moved and Vice Chair Holman seconded to approve the November 3, 2014 minutes. MOTION CARRIED UNANIMOUSLY. 3 -0 B. Claims Vouchers (Coleman) Claims voucher numbers 431138 through 431307 in the amount of $1,976,866.07 and dated November 17, 2014. Member Trout moved and Vice Chair Holman seconded to approve the claims and payroll vouchers as presented. MOTION CARRIED UNANIMOUSLY. 3 -0 C. Payroll Vouchers (Coleman) Payroll check numbers 535092 through 535125 in the amount of $890,419.15, electronic deposit transmissions in the amount of Page 1 of 4 CA.A Page 4 of 162 $1,300,870.369 for a grand total of $2,191,289.51 for the period covering October 30, 2014 to November 12, 2014. See claims vouchers for Committee action on payroll vouchers. III. ORDINANCES 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 Director Colman presented Ordinance No. 6538 setting the property tax levy for 2015. She stated the property tax levy amount for 2015 is almost $16.9 million. This includes estimated property taxes on new construction of $260,000. The estimated levy rate is approximately $2.04 per $1,000 assessed value compared to $2.15 per $1,000 assessed value in 2014. Vice Chair Homan moved and Member Trout seconded to approve and forward Ordinance No. 6538 to full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3 -0 IV. DISCUSSION ITEMS A. 2014 Third Quarter Financial Report (Coleman) Director Coleman presented the 2014 Third Quarter Financial report. Director Coleman explained revenues are above the budgeted amounts and expenditures are below budget. The Sewer Fund is operating with a positive income for the first time in many years. Chair Wales asked if cleanup from a recent storm event would be in the report. Director Coleman explained the City has funds dedicated to this type of event. If the clean up cost exceeds $5,000, the City will file an insurance claim for reimbursement. Chair Wales requested Director Coleman present to the Committee at the next meeting her recommendation on how the full Council could review this type of information once the Council moves to Study Sessions. B. Auburn Manor Leak Adjustment (Coleman) Director Coleman presented the proposed leak adjustment. She explained the mobile home park is served by one domestic meter for all of the residents. The park has repaired most of the leaks. The infrastructure is old and fails frequently. The park received a rebate in 2006 for $121,000. The Committee discussed ongoing leak adjustments and the possibility of requiring the property owner to repair and maintain the infrastructure. The Committee also discussed requiring the property owner t o p ain e Fo f 4 CA.A Page 5 of 162 IJI irrigation meter. The residents who live in the court pay the bills, they should be the ones to receive the credit. The population at the court is mostly elderly and they would have a difficult time moving to another location. Customer Care Manager Goodson -Moore explained there are two different ways to calculate the leak adjustment. If the City calculates the adjustment for two months, the total credit would be $5,579.03. If the City calculates it for six months, the total credit would be $22,238.55. A portion of either credit would be paid by Metro Sewer. Member Holman stated if the City provides the larger credit he would want to require the property owner to upgrade the infrastructure in the park. C. Ordinance No. 6533 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, adopting the 2015 -2016 Biennial Budget for the City of Auburn, Washington Director Coleman presented Ordinance No. 6533. She stated the entire budget process is included in the two attachments in the agenda packet. Mayor Backus asked if the 2015 - 2016 Budget will include the funds for the King County Public Health Clinic. Director Coleman stated those funds will not be a part of this budget. The department will bring forward a budget amendment in early 2015 with the adjustment. D. Ordinance No. 6539 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013 -2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462, Ordinance No. 6472, Ordinance No. 6473, Ordinance No. 6474, Ordinance No. 6481, Ordinance No. 6502, Ordinance No. 6510, authorizing amendment to the City of Auburn 2013 -2014 Budget as set forth in Schedule "A" and Schedule "B" Director Coleman presented Ordinance No. 6539. The ordinance is the final budget amendment for the 2013 - 2014 Budget. The amendment is mostly housekeeping items and closing out LID 250 and the Golf Course Fund. Chair Wales noted the City has invested in the Auburn Municipal Airport a great deal this year including a slurry seal, moving the business office and internet access. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 5:33 p.m. APPROVED this 1st day of December, 2014. Page 3 of 4 CA.A Page 6 of 162 LARGO WALES, CHAIR Shawn Campbell, Deputy City Clerk Page 4 of 4 CA.A Page 7 of 162 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Claims Vouchers November 25, 2014 Department: Attachments: Budget Impact: Finance Voudiers $0 Administrative Recommendation: City Council approve claims vouchers. Background Summary: Claims voucher numbers 431308 through 431472 in the amount of $3,039,619.66 and two wire transfers in the amount of $2,816.54 and dated December 1, 2014. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: CA.B CA.B AUBURN * MORE THAN YOU IMAGINED Page 8 of 162 vchlist Voucher List Page: 1 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 207 11/12/2014 023061 PENSER NORTH AMERICA INC 32891 2014 TIME LOSS, MEDICALAND PPD CLAIM 503.00.580.303.25 1,811.54 Total: 1,811.54 208 11/17/2014 391840 WASTATE DEPT OF LICENSING LICENSES CONCEALED PISTOL LICENSES 651.237.104 1,005.00 Total: 1,005.00 431308 11/17/2014 210360 K C FINANCE 45693 -45693 CP1016 KC FENSTER LEVEE SETBACK 2B 321.00.576.802.65 127, 308.02 47907 -47907 CP1016 KC FENSTER LEVEE SETBACK 2B 321.00.576.802.65 326, 548.55 Total: 453,856.57 431309 11/17/2014 018685 KPG, INC. 114014 AGC442 -T001, C229AO BNSF & E Valley Hwy 102.00.594.420.65 7,986.96 Total: 7,986.96 431310 11/17/2014 370370 U S POSTMASTER REPLENISH ACCT #193 Replenish Bulk Mail Permit No 193 518.00.518.780.42 15, 000.00 Total: 15,000.00 431311 11/21/2014 392100 WASTATE EMP SECURITY DEPT 000 - 945048 -10 -4 3RD QT 2014 WA EMPLOYMENT SECURITY TAX 501.00.517.700.28 36, 555.00 Total: 36,666.00 431312 11/21/2014 270540 WASTE MANAGEMENT OF WA, INC OCT2014 Waste Management Solid Waste Service 434.00.537.800.41 897, 710.29 CA. B Page 9 Of 162 Page: 1 vchlist Voucher List Page: 2 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431312 11/21/2014 270540 270540 WASTE MANAGEMENT OF WA, INC (Continued) Total: 897,710.29 431313 11/25/2014 014261 KING COUNTY SUPERIOR COURT PARCEL #2815000020 Court Stipulated Settlement for ROW 102.00.594.420.65 228, 977.89 Total: 228,977.89 431314 12/1/2014 008836 AFFORDABLE SELF STORAGE DEC2014- OCT2015 PAYMENT ON BEHALF OF V -NET 652.00.521.211.45 1,364.00 Total: 19364.00 431315 12/1/2014 024072 AIVES, KATHLEEN L. 0813141 NV RESPIRATOR CLEARANCE FOR MORSE, 001.21.521.200.41 150.00 Total: 150.00 431316 12/1/2014 111950 ALBERTSONS LLC 6030375100035408 YOUNG GENERATION CLUB SUPPLIES, 001.33.574.240.31 20.90 COOKING CLUB SUPPLIES, SPECIALIZED REC 001.33.574.240.31 39.03 Total: 59.93 431317 12/1/2014 020946 ALDUGHLI, RACHA 076157 UTILITY REFUND - 2530 25TH ST SE 430.233.100 41.06 UTILITY REFUND - 2530 25TH ST SE 432.233.100 2.36 UTILITY REFUND - 2530 25TH ST SE 434.233.100 4.79 Total: 48.21 431318 12/1/2014 024426 ALIX, CHRISTOPHER 078015 UTILITY REFUND - 607 26TH ST SE 430.233.100 8.29 UTILITY REFUND - 607 26TH ST SE CA. B Page 10 Of 162 Page: 2 vchlist Voucher List Page: 3 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431318 12/1/2014 024426 ALIX, CHRISTOPHER (Continued) 431.233.100 13.18 UTILITY REFUND - 607 26TH ST SE 432.233.100 17.30 UTILITY REFUND - 607 26TH ST SE 433.233.100 22.68 UTILITY REFUND - 607 26TH ST SE 434.233.100 13.52 Total: 74.97 431319 12/1/2014 003934 ALLEN, FRANK 072046 UTILITY REFUND - 421 49TH ST NE 434.233.100 241.94 Total: 241.94 431320 12/1/2014 002431 ARC DOCUMENT SOLUTIONS 54- 569415 Scanning /copying final plans /specs - 102.00.594.420.65 321.01 54- 570585 Scanning of final plans /specs - CP1024, 102.00.594.420.65 84.25 54- 570586 Printing /copies of final plans and 102.00.594.420.65 327.24 Total: 732.50 431321 12/1/2014 110510 AT &T TELECONFERENCE SERVICE 42823250 -00001 AT &T conference line - October usage - 518.00.518.880.42 27.78 Total: 27.78 431322 12/1/2014 115160 AUBURN GYMNASTICS CENTER, INC 41682 TINY STARS CLASSES: - 001.33.574.240.41 174.00 41683 TINY STARS CLASSES:— CA. B Page 11 Of 162 Page: 3 vchlist Voucher List Page: 4 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431322 12/1/2014 115160 AUBURN GYMNASTICS CENTER, INC (Continued) 001.33.574.240.41 174.00 41685 MINI STARS CLASSES: 001.33.574.240.41 232.00 41686 MINI STARS CLASSES: 001.33.574.240.41 232.00 41687 GIRLS MIGHTY STARS CLASSES: - 001.33.574.240.41 231.00 41690 GIRLS BEGINNER GYMNASTICS: - 001.33.574.240.41 322.00 Total: 1,365.00 431323 12/1/2014 014272 AUBURN SAFE & LOCK 50192 TWO REPLACEMENT CHEVY TAHOE KEYS; 001.21.521.200.49 70.00 Total: 70.00 431324 12/1/2014 115550 AUBURN SCHOOL DIST #408 OCT2014 OCT 2014 SCHOOL IMPACT FEES 124.237.173 91, 781.81 SE PT2014 SEPT 2014 SCHOOL IMPACT FEES 124.237.173 82, 274.94 Total: 174,056.75 431325 12/1/2014 115730 AUBURN TRAVEL FUND 3319 PER DIEM - JIM K, BOOKING CONF IN 001.33.575.280.49 204.00 3322 PER DIEM -JIM L, WEED CONF IN WENATCHEE 001.42.542.300.43 119.60 3323 CA. B Page 12 Of 162 Page: 4 vchlist Voucher List Page: 5 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431325 12/1/2014 115730 AUBURN TRAVEL FUND (Continued) PER DIEM -ERIK C, WEED CONF IN WENATCHEE 432.00.535.900.43 119.60 3324 PER DIEM -KENT R, WEED CONF IN WENATCHEE 432.00.535.900.43 119.60 3325 PER DIEM - RICHARD K, WEED CONF IN 432.00.535.900.43 119.60 3326 PER DIEM - WILTON N, WEED CONF IN 430.00.534.800.43 119.60 3327 PER IDEM -JOSH F, WEED CONF IN WENATCHEE 432.00.535.900.43 119.60 3328 PER DIEM -ANDY N, WEED CONF IN WENATCHEE 432.00.535.900.43 119.60 3329 PER DIEM -STEVE S, TELESTAFF CONF IN LAS 001.21.521.100.43 106.50 3332 PER DIEM -BOBL, WASPC FALL CONF IN 001.21.521.100.43 55.20 Total: 1,202.90 431326 12/1/2014 115850 AUBURN YOUTH RESOURCES 3RDQTR2014- GF13/1405 2014 Human Services funding for SKYS 001.12.562.100.41 21, 250.00 Total: 21,250.00 431327 12/1/2014 116060 AUTOMATIC WILBERT VAULT CO 34871 OCTOBER STATEMENT - 436.00.536.200.34 178.00 35035 OCTOBER STATEMENT- CA. B Page 13 Of 162 Page: 5 vchlist Voucher List Page: 6 11/25/2014 10:47:22A M City of Au burn Bank code: Voucher 000 Date Vendor Invoice Description /Account Amount 431327 12/1/2014 116060 AUTOMATIC WILBERT VAULT CO (Continued) 436.00.536.200.34 330.00 35042 OCTOBER STATEMENT - 436.00.536.200.34 651.00 Total: 1,159.00 431328 12/1/2014 005768 AVIATION MANAGEMENT GROUP LLC 6549 2014 MGMT SERVICES ATAIRPORT @ $29,780 435.00.546.100.41 29, 780.00 Total: 29,780.00 431329 12/1/2014 116100 AWC 1091 -45242 CLERK/TRESURER TRAINING CONF# 001.15.514.300.49 95.00 Total: 95.00 431330 12/1/2014 017993 BANK OF WASHINGTON OCT2014 DEC 2014 LEASE ON LOT A- 505.00.524.500.45 1,850.00 DEC 2014 LEASE ON LOT B- 505.00.524.500.45 650.00 Total: 2,500.00 431331 12/1/2014 024427 BAVENDAM, JAMES REFUND HANGAR #1010 - DAMAGE /SECURITY DEP 435.399.501 667.32 Total: 667.32 431332 12/1/2014 023950 B -FORCE PROTECTION SECURITY IN 0377 NOV /SECURITY /PARKS 001.33.576.100.41 1,750.00 NOV /SECURITY /CEMETERY 436.00.536.100.41 500.00 Total: 2,250.00 431333 12/1/2014 024421 BLACKFORD, ANTHONY & CONNIE 068113 CA. B Page 14 Of 162 Page: 6 vchlist Voucher List Page: 7 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431333 12/1/2014 024421 BLACKFORD, ANTHONY & CONNIE (Continued) UTILITY REFUND - 808 12TH ST NE 430.233.100 24.79 UTILITY REFUND - 808 12TH ST NE 431.233.100 36.98 UTILITY REFUND - 808 12TH ST NE 432.233.100 30.03 UTILITY REFUND - 808 12TH ST NE 433.233.100 63.62 UTILITY REFUND - 808 12TH ST NE 434.233.100 44.83 Total: 200.25 431334 12/1/2014 024414 BLANCHARD, CYLDE & NIKI -MARIE 014658 UTILITY REFUND - 1826 G ST SE 430.233.100 48.20 UTILITY REFUND - 1826 G ST SE 432.233.100 9.31 UTILITY REFUND - 1826 G ST SE 434.233.100 24.03 Total: 81.54 431335 12/1/2014 021981 BLUE LINE WATER INC H0522 MONTLY MAINT OF WATER SYSTEM AT MARY 001.33.575.300.41 57.49 Total: 57.49 431336 12/1/2014 024411 BRAAF, ROBERT REFUND HANGAR #54 - DAMAGE /SECURITY DEP 435.399.501 588.28 Total: 588.28 431337 12/1/2014 021693 BRENGLE, KATHY 41730/41732 GUITAR CLASSES: 001.33.574.240.41 350.00 Page: 7 CA. B Page 15 Of 162 vchlist Voucher List Page: 8 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431337 12/1/2014 021693 021693 BRENGLE, KATHY (Continued) Total: 350.00 431338 12/1/2014 012304 BROWN AND CALDWELL 14227423 Stormwater Comprehensive Update - 432.00.590.100.65 22, 407.03 14227790 NPDES CODE SUPPORT - 432.00.535.100.41 9,502.92 14227973 M & O Storm Drainage Improvements. 432.00.590.100.65 59,911.29 Total: 91,821.24 431339 12/1/2014 024418 CARLSON, OLAN & JULIE 064370 UTILITY REFUND - 5120 EVAN CT SE 432.233.100 7.61 UTILITY REFUND - 5120 EVAN CT SE 433.233.100 1.40 UTILITY REFUND - 5120 EVAN CT SE 434.233.100 2.63 Total: 11.64 431340 12/1/2014 024429 CARLSON, TAMMY 1847501 PARKS REFUND 001.347.699 30.00 Total: 30.00 431341 12/1/2014 024279 CASCADIAPM LLC 19640 Photo sims (4 views) - 518.00.518.880.41 1,400.00 Total: 1,400.00 431342 12/1/2014 021854 CENTURY WEST ENGINEERING CORP 234605 CP1324 Airport Runway & Apron Rehab - 435.00.590.100.65 7,201.73 234610 CP1408Airport Hangar Row 3 Improvement CA. B Page 16 Of 162 Page: 8 vchlist Voucher List Page: 9 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431342 12/1/2014 021854 CENTURY WEST ENGINEERING CORP (Continued) 435.00.590.100.65 960.00 Total: 8,161.73 431343 12/1/2014 370450 CENTURYLINK 120114PHONES PHONE USAGE NOVEMBER /DECEMBER 2014 518.00.518.880.42 1,759.22 PHONE USAGE NOVEMBER /DECEMBER 2014 431.00.535.800.42 148.87 PHONE USAGE NOVEMBER /DECEMBER 2014 432.00.535.900.42 59.98 Total: 1,968.07 431344 12/1/2014 132310 CH2M HILL 4002700 AWS FIR - HEMLOCK IMPRVS - DESIGN 102.00.594.420.65 7,448.24 AWS FIR - HEMLOCK IMPRVS - DESIGN 102.00.594.420.65 48, 268.70 4002714 AWS DOGWOOD -FIR IMPRVS - DESIGN 102.00.594.420.65 7,544.35 AWS DOGWOOD -FIR IMPRVS - DESIGN 102.00.594.420.65 21, 854.39 4004528 AWS SAFETY IMPRVS MUCKLESHOOT - DOGWOOD 102.00.594.420.65 8,235.73 Total: 93,351.41 431345 12/1/2014 024420 CHACHKOV, IVAN 064934 UTILITY REFUND - 242 12TH ST SE 431.233.100 40.05 UTILITY REFUND - 242 12TH ST SE 432.233.100 32.54 UTILITY REFUND - 242 12TH ST SE 433.233.100 68.93 UTILITY REFUND - 242 12TH ST SE Page: 9 CA. B Page 17 Of 162 vchlist Voucher List Page: 10 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431345 12/1/2014 024420 CHACHKOV, IVAN (Continued) 434.233.100 25.98 Total: 167.50 431346 12/1/2014 132550 CHEVRON USA INC. 611038 STATEMENT FOR PD GAS CHARGES 10/06/14 001.21.521.200.31 443.42 (CRAWFORD - TNET) 117.00.521.210.31 88.73 Total: 532.15 431347 12/1/2014 022630 CHRISTIAN FAITH CENTER DEC2015- FEB2015 PAYMENT ON BEHALF OF V -NET 652.00.521.211.45 7,500.00 Total: 7,500.00 431348 12/1/2014 115760 CITY OF AUBURN 120114UTILITIES WATER /SEWER /STORM OCT /NOV 2014 505.00.524.500.47 647.71 WATER /SEWER /STORM OCT /NOV 2014 001.33.576.100.47 2,429.72 WATER /SEWER /STORM OCT /NOV 2014 001.42.542.300.47 14.62 WATER /SEWER /STORM OCT /NOV 2014 431.00.535.800.47 87.19 WATER /SEWER /STORM OCT /NOV 2014 430.00.534.800.47 331.90 WATER /SEWER /STORM OCT /NOV 2014 432.00.535.900.47 58.48 WATER /SEWER /STORM OCT /NOV 2014 102.00.594.420.47 18.78 Total: 3,588.40 431349 12/1/2014 001627 CITY OF FEDERAL WAY PS -1633 PAYMENT ON BEHALF OF V -NET 652.00.521.211.51 2,523.00 Page: 10 CA. B Page 18 Of 162 vchlist Voucher List Page: 11 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431349 12/1/2014 001627 CITY OF FEDERAL WAY (Continued) PAYMENT ON BEHALF OF V -NET 652.00.521.214.51 768.42 Total: 3,291.42 431350 12/1/2014 008837 CITY OF KENT R133196 PAYMENT ON BEHALF OF V -NET 652.00.521.210.51 7,653.42 PAYMENT ON BEHALF OF V -NET 652.00.521.211.51 2,523.00 PAYMENT ON BEHALF OF V -NET 652.00.521.214.51 870.30 RI33197 PAYMENT ON BEHALF OF V -NET 652.00.521.211.31 65.57 PAYMENT ON BEHALF OF V -NET 652.00.521.211.45 20.00 PAYMENT ON BEHALF OF V -NET 652.00.521.212.43 3,418.60 Total: 14,660.89 431351 12/1/2014 281810 CITY OF SEATTLE POLICE DEPT SEPT2014 PAYMENT ON BEHALF OF V -NET 652.00.521.211.51 2,523.00 Total: 2,523.00 431352 12/1/2014 292970 CITY OF TUKWILA OCT2014 PAYMENT ON BEHALF OF V -NET 652.00.521.211.51 2,523.00 PAYMENT ON BEHALF OF V -NET 652.00.521.214.51 540.91 Total: 3,063.91 431353 12/1/2014 024428 COLDIRON, RANDY REFUND HANGAR #1010 - DAMAGE /SECURITY DEP 435.399.501 1,700.56 Page: 11 CA. B Page 19 Of 162 vchlist Voucher List Page: 12 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431353 12/1/2014 024428 024428 COLDIRON, RANDY (Continued) Total: 1,700.56 431354 12/1/2014 023060 COLLINS, JEFF 111314REIMB Boot reimbursement -Jeff Collins 431.00.535.800.22 150.00 Total: 150.00 431355 12/1/2014 134560 COPIERS NORTHWEST INC INV1113565 PAYMENT ON BEHALF OF V -NET 652.00.521.211.48 164.25 Total: 164.25 431356 12/1/2014 024430 CUDDIE, DANE 1830254 PARKS REFUND 001.347.699 300.00 Total: 300.00 431357 12/1/2014 001299 CYCLE GEAR, INC 257601 MOTORCYCLE GLOVES & GLASSES - 001.21.521.200.22 67.87 Total: 67.87 431358 12/1/2014 022713 DATAPROSE LLC DP1402826 Data Conversion for Springbrook V7 430.00.534.110.41 375.00 Data Conversion for Springbrook V7 431.00.535.110.41 375.00 Data Conversion for Springbrook V7 432.00.535.910.41 375.00 Data Conversion for Springbrook V7 434.00.537.110.41 375.00 Print & Mall Utility Billing Statements 430.00.534.110.41 866.43 Print & Mall Utility Billing Statements 432.00.535.910.41 866.43 Print & Mall Utility Billing Statements CA. B Page 20 Of 162 Page: 12 vchlist Voucher List Page: 13 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431358 12/1/2014 022713 DATAPROSE LLC (Continued) 434.00.537.110.41 866.43 postage for mailing Utility statements 430.00.534.110.42 1,983.44 postage for mailing Utility statements 431.00.535.110.42 1,983.44 postage for mailing Utility statements 432.00.535.910.42 1,983.44 postage for mailing Utility statements 434.00.537.110.42 1,983.43 Print & Mall Utility Billing Statements 431.00.535.110.41 866.43 Total: 12,899.47 431359 12/1/2014 006317 DAVID EVANS &ASSOCIATES INC. 350548 WHITE RIVER HYDROGRAPHIC SURVEY - 001.32.532.200.41 11, 298.91 Total: 11,298.91 431360 12/1/2014 003896 DEERE & COMPANY 114037841 New unit 6720D to replace failling unit 550.00.590.100.64 46, 258.53 Sales Tax 550.00.590.100.64 4,394.56 Total: 509653.09 431361 12/1/2014 000304 DELL MARKETING L.P. X4KFPKTX9 Dell Precision T1700 Workstation Small 518.00.518.880.35 6,018.24 Sales Tax 518.00.518.880.35 571.73 Total : 69589.97 431362 12/1/2014 142280 DON SMALL & SONS OIL DIST CO 294346 PETROLEUM PRODUCTS CNG & OTHER ON AN AS 550.00.548.680.32 27.51 Page: 13 CA. B Page 21 Of 162 vchlist Voucher List Page: 14 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431362 12/1/2014 142280 DON SMALL & SONS OIL DIST CO (Continued) DEC2014 2014 PARKING LOT LEASE @ $1,300 / MONTH 505.00.524.500.45 1,300.00 Total: 1,327.51 431363 12/1/2014 011057 ELWELL, ROBERT 102914REIMB PER DIEM & GAS TO ATTND PNCWA CONF IN 431.00.535.100.43 114.16 Total: 114.16 431364 12/1/2014 024431 EUAN CAB, ANTONIO 1847497 PARKS REFUND 001.347.699 300.00 Total: 300.00 431365 12/1/2014 024425 FALCON LAKE INVESTMENTS LLC 077207 UTILITY REFUND - 1225 24TH ST SE 430.233.100 32.62 UTILITY REFUND - 1225 24TH ST SE 432.233.100 19.77 UTILITY REFUND - 1225 24TH ST SE 434.233.100 20.73 Total: 73.12 431366 12/1/2014 010364 FCS GROUP, INC 2139 - 21410043 Utility Cost of Service, Rate and SDC 430.00.534.100.41 2,868.92 Utility Cost of Service, Rate and SDC 431.00.535.100.41 1,434.46 Utility Cost of Service, Rate and SDC 432.00.535.100.41 1,434.47 Total: 5,737.85 431367 12/1/2014 013069 FEDERAL WAY SCHOOL DISTRICT OCT2014 OCT 2014 SCHOOL IMPACT FEES Page: 14 CA. B Page 22 Of 162 vchlist Voucher List Page: 15 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431367 12/1/2014 013069 FEDERAL WAY SCHOOL DISTRICT (Continued) 124.237.174 27, 691.00 SE PT2014 SEPT 2014 SCHOOL IMPACT FEES 124.237.174 5,363.00 Total: 33,054.00 431368 12/1/2014 161980 FOSTER PEPPER PLLC 1086839 MCDC Project 2014 legal services 001.14.514.100.41 8,359.00 Total: 8,359.00 431369 12/1/2014 024074 GARNER, BILL 077723 UTILITY REFUND - 2135 DOGWOOD DR SE 431.233.100 25.03 UTILITY REFUND - 2135 DOGWOOD DR SE 432.233.100 32.43 UTILITY REFUND - 2135 DOGWOOD DR SE 433.233.100 68.71 UTILITY REFUND - 2135 DOGWOOD DR SE 434.233.100 48.41 Total: 174.58 431370 12/1/2014 016101 GEIST, KENNETH RICK 41770 FALL QUARTER COMBATIVE SELF DEFENSE 001.33.574.240.41 224.00 Total: 224.00 431371 12/1/2014 023379 GILBERT, ZACHARY REBATE WATER UTILITY TOILET REBAT PROGRAM 430.00.534.100.41 99.00 Total: 99.00 431372 12/1/2014 012454 GOODBYE GRAFFITI SEATTLE 21262 EVER CLEAN PROGRAM FOR THE NEXT 3 001.33.576.100.41 390.92 CA. B Page 23 Of 162 Page: 15 vchlist Voucher List Page: 16 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431372 12/1/2014 012454 012454 GOODBYE GRAFFITI SEATTLE (Continued) Total: 390.92 431373 12/1/2014 011695 GORDON, DARREL & MARJORIE 040185 UTILITY REFUND - 1212 22ND ST NE #A -B 434.233.100 38.10 Total: 38.10 431374 12/1/2014 172070 GRAY & OSBORNE INC 13608.00 -7 LAKELAND HILLS RESERVOIR IMPROVEMENTS, 430.00.590.100.69 5,305.72 Total: 5,305.72 431375 12/1/2014 180640 HANNITY, DAVID 111714LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.210.25 388.00 Total: 388.00 431376 12/1/2014 180960 HAROLDS PLUMBING 53151 HOUSING REPAIR - -THE SMITH - HURTS' 119.00.559.200.63 494.61 53172 HOUSING REPAIR -- CAROLINE JAYASURIYA'S 119.00.559.200.63 854.10 Total: 1,348.71 431377 12/1/2014 181230 HEAD - QUARTERS 3445 -6 PORTABLE TOILET SERVICE AT VET'S DAY 001.33.576.100.45 608.25 Total: 608.25 431378 12/1/2014 020521 HOMESTREET BANK 064059 UTILITY REFUND - 3515 K ST SE #B 430.233.100 60.12 Total: 60.12 431379 12/1/2014 024424 HORTON, GARRICK 071060 UTILITY REFUND - 5409 JAMES PL SE Page: 16 CA. B Page 24 Of 162 vchlist Voucher List Page: 17 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431379 12/1/2014 024424 HORTON, GARRICK (Continued) 430.233.100 40.84 UTILITY REFUND - 5409 JAMES PL SE 431.233.100 41.94 UTILITY REFUND - 5409 JAMES PL SE 432.233.100 34.07 UTILITY REFUND - 5409 JAMES PL SE 433.233.100 72.18 UTILITY REFUND - 5409 JAMES PL SE 434.233.100 85.51 Total: 274.54 431380 12/1/2014 183200 HUNTER, ALLEN 110514REIMB PER DIEM - SENSUS UTILITY CONF IN 430.00.534.800.43 191.70 Total: 191.70 431381 12/1/2014 007855 INTEGRATELECOM 12497228 PHONE SERVICE 11/8/14- 12/7/14 001.33.576.600.42 104.71 PHONE SERVICE 11/8/14- 12/7/14 001.33.576.680.42 313.20 PHONE SERVICE 11/8/14- 12/7/14 518.00.518.880.42 2,267.01 PHONE SERVICE 11/8/14- 12/7/14 001.33.575.280.42 151.91 PHONE SERVICE 11/8/14- 12/7/14 436.00.536.100.42 88.43 PHONE SERVICE 11/8/14- 12/7/14 001.33.574.100.42 44.17 PHONE SERVICE 11/8/14- 12/7/14 430.00.534.800.42 44.17 Total: 3,013.60 431382 12/1/2014 020644 JACOBS ENGINEERING GROUP INC W3X63101 -20 SEWER PUMP STATION IMPROVEMENTS - DESIGN Page: 17 CA. B Page 25 Of 162 vchlist Voucher List Page: 18 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431382 12/1/2014 020644 JACOBS ENGINEERING GROUP INC (Continued) 431.00.590.100.65 2,246.12 Total: 2,246.12 431383 12/1/2014 022834 JAMES, CHRISTINE 102814REIMB PER DIEM - SNUG USERS CONF IN OAK HARBOR 001.21.521.100.43 37.80 Total: 37.80 431384 12/1/2014 023656 JDW CONSTRUCTION 49 HOUSING REPAIR - -MARY GWERDER'S ROOF 119.00.559.200.63 4,872.75 50 HOUSING REPAIR -- DEBBIE GREELY'S 119.00.559.200.63 572.69 Total: 5,445.44 431385 12/1/2014 012244 JILLIAN ENTERPRISES, LLC DEC2014 2014 THEATER LEASE @ $6369.68/MO 001.33.575.280.75 4,104.60 2014 THEATER LEASE @ $6369.68/MO 001.33.575.280.83 2,265.08 Total: 6,369.68 431386 12/1/2014 024170 JOHNSON, MICHAEL & DANA 078012 UTILITY REFUND - 5625 ELIZABETH AVE SE 430.233.100 80.57 UTILITY REFUND - 5625 ELIZABETH AVE SE 431.233.100 55.24 UTILITY REFUND - 5625 ELIZABETH AVE SE 432.233.100 44.82 UTILITY REFUND - 5625 ELIZABETH AVE SE 433.233.100 95.06 UTILITY REFUND - 5625 ELIZABETH AVE SE 434.233.100 18.07 Total: 293.76 Page: 18 CA. B Page 26 Of 162 vchlist Voucher List Page: 19 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431387 12/1/2014 210360 K C FINANCE 2043625 910 Transit Shuttle. ok per Pablo Para, 102.00.594.420.41 94, 927.92 35569 DISPOSAL SERVICE OF SANITARY SEWER 431.00.535.800.51 405.00 50617 -50618 R Street SE Bridge Repairs KC Invoice 105.00.542.100.48 27, 991.45 Bridge Inspection KC Invoice #50618 ok 001.32.532.200.51 788.50 Total: 124,112.87 431388 12/1/2014 210360 KCADMIN BLDG FILING FEES FILING FEES, LIENS 430.00.534.110.41 416.00 FILING FEES FILING FEES, LIENS 430.00.534.110.41 320.00 Total: 736.00 431389 12/1/2014 019027 KALLCENTS E25950103114 PAYMENT ON BEHALF OF V -NET 652.00.521.211.42 51.99 Total: 51.99 431390 12/1/2014 008857 KENYON DISEND, PLLC 182299 10/2014 New Cingular Wireless II prof 001.14.514.100.41 51.45 Total: 51.45 431391 12/1/2014 018685 KPG, INC. 100314 AG -C -433 37th Street NW Pre - Signal 102.00.594.420.65 2,380.52 37th Street NW Pre - Signal Release 102.00.594.420.65 109.27 Page: 19 CA. B Page 27 Of 162 vchlist Voucher List Page: 20 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431391 12/1/2014 018685 018685 KPG, INC. (Continued) Total: 2,489.79 431392 12/1/2014 024437 LIEN, ADAMS REFUND WATER UTILITY TOILET REBATE PROGRAM 430.00.534.100.41 100.00 Total: 100.00 431393 12/1/2014 005723 LINCOLN CONSTRUCTION INC. 13 -21 Install wiremold in Legal Dept; remove 505.00.524.500.48 2,486.42 Total: 2,486.42 431394 12/1/2014 024417 LIPSON, JOEL 040176 UTILITY REFUND - 808 26TH ST NE 434.233.100 53.88 Total: 53.88 431395 12/1/2014 012329 LUMINANCE MEDIASERVICES 110814A SOUND EQUIPMENT RENTAL FOR VARIOUS 2014 001.33.573.901.45 405.15 Total: 405.15 431396 12/1/2014 024256 MACKINNON, DAVID 068070 UTILITY REFUND - 16 F ST SE 430.233.100 31.54 UTILITY REFUND - 16 F ST SE 431.233.100 16.80 UTILITY REFUND - 16 F ST SE 432.233.100 13.68 UTILITY REFUND - 16 F ST SE 433.233.100 28.96 UTILITY REFUND - 16 F ST SE 434.233.100 19.35 Total: 110.33 431397 12/1/2014 016074 MAUL FOSTER &ALONGI, INC 21556 GR1304 CONSULTANT PROF SVS FOR CA. B Page 28 Of 162 Page: 20 vchlist Voucher List Page: 21 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431397 12/1/2014 016074 MAUL FOSTER &ALONGI, INC (Continued) 001.17.558.100.41 16, 498.24 21557 CP0746 MILL CREEK SVS CONTRACT AG -C -449 432.00.590.100.65 17, 339.10 Total: 33,837.34 431398 12/1/2014 007507 MCBREEN, GERALD A. 110514INV REGRANT SUPPORT OF COMMUNITY ART 001.33.573.201.41 100.00 Total: 100.00 431399 12/1/2014 023146 MEAD & HUNT INC. 247739 CP1321 Airport WHA and Plan - 435.00.590.100.65 2,083.35 Total: 2,083.35 431400 12/1/2014 023678 MEDISCH, MELISSA 110714REIMB MILEAGE REIMB 9/24/14 - 11/7/14 518.00.518.880.43 65.97 Total: 65.97 431401 12/1/2014 232305 MENG, ARTHUR HAROLD 41786 INSTRUCTOR FOR FALL QUARTER YOGA 001.33.574.210.41 384.00 41788 INSTRUCTOR FOR FALL QUARTER YOGA 001.33.574.240.41 24.00 41789 INSTRUCTOR FOR FALL QUARTER YOGA 001.33.574.210.41 120.00 Total: 528.00 431402 12/1/2014 232610 METRO - KC DEPT OF FINANCE 30007632 King County Metro Sewer Charges 433.00.535.800.51 1,267,288.97 Page: 21 CA. B Page 29 Of 162 vchlist Voucher List Page: 22 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431402 12/1/2014 232610 232610 METRO - KC DEPT OF FINANCE (Continued) Total: 1,267,288.97 431403 12/1/2014 007550 MILLER, SUSAN 111414REIMB Boot reimbursement -Susan Miller 431.00.535.800.22 140.15 Total: 140.15 431404 12/1/2014 024410 MONTEREY PARK BUILDERS REFUND OVERPYMT ON PERMIT #BLA14 -0009 651.237.360 59.00 Total: 59.00 431405 12/1/2014 012988 MORRIS, CHRIS 120114/REIM ITEMS FOR RESALE AT THE GOLF PRO SHOP 001.33.576.680.34 449.62 Total: 449.62 431406 12/1/2014 021904 MOUNTAIN STATES NETWORKING INC B0104705PSP Fixed Price Project Engineering support 518.00.518.880.64 13, 375.00 Travel and expenses - NOT TO EXCEED 518.00.518.880.64 2,000.00 Sales Tax 518.00.518.880.64 1,460.63 Total: 16,835.63 431407 12/1/2014 024419 MURRAY, RICHARD 064741 UTILITY REFUND - 11534 SE 316TH PL 430.233.100 15.00 Total: 15.00 431408 12/1/2014 011878 MUTERSPAUGH, LESTER Replenish /Invest /fun REIMBURSEMENT TO THE INVESTIGATIVE FUND 001.21.521.210.49 605.08 Total: 605.08 431409 12/1/2014 023494 NEWBERRY REALTY KENT 076485 CA. B Page 30 Of 162 Page: 22 vchlist Voucher List Page: 23 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431409 12/1/2014 023494 NEWBERRY REALTY KENT (Continued) UTILITY REFUND - 6646 FRANCIS AVE SE 431.233.100 12.35 UTILITY REFUND - 6646 FRANCIS AVE SE 432.233.100 10.04 UTILITY REFUND - 6646 FRANCIS AVE SE 433.233.100 21.27 UTILITY REFUND - 6646 FRANCIS AVE SE 434.233.100 9.50 Total: 53.16 431410 12/1/2014 011987 O'NEIL, DAN Replenish /buyFund PD - REPLENISH BUY FUND 117.00.521.210.49 5,000.00 Total: 5,000.00 431411 12/1/2014 281640 PACIFIC RACEWAYS 141101A EVOC TRACK USE (10/29 - 11/01)- 001.21.521.200.49 3,000.00 Total: 3,000.00 431412 12/1/2014 020416 PAPAJOHN'S PIZZA S3015 -14 -1023 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 17.52 S3015 -14 -1024 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 35.04 S3015 -14 -1031 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 21.85 S3015 -14 -1038 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 21.85 S3015 -14 -1043 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 21.85 Page: 23 CA. B Page 31 Of 162 vchlist Voucher List Page: 24 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431412 12/1/2014 020416 PAPA JOHN'S PIZZA (Continued) S3015 -14 -1064 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 83.17 S3015 -14 -1065 PIZZA FOR PARKS AND RECREATIONAL 001.33.574.240.31 26.28 Total: 227.56 431413 12/1/2014 012214 PEARL BUILDING SERVICES 8064 JANITORIAL SERVICES FOR PARKS MAINT 001.33.576.100.41 200.00 8065 MONTHLY JANITORIAL SERVICES FOR THE 001.33.576.100.41 400.00 8066 2014 JANITORIAL SVCS FOR CITY FACILITIES 505.00.524.500.41 1,200.00 8067 2014 JANITORIAL SVCS FOR CITY FACILITIES 505.00.524.500.41 125.00 8068 2014 JANITORIAL SVCS FOR CITY FACILITIES 505.00.524.500.41 350.00 8069 2014 JANITORIAL SVCS FOR CITY FACILITIES 505.00.524.500.41 1,900.00 8070 2014 JANITORIAL SVCS FOR CITY FACILITIES 505.00.524.500.41 200.00 8071 MONTHLY JANITORIAL SERVICES FOR THE 001.33.576.100.41 300.00 8072 JANITORIAL SERVICES FOR PARKS MAINT 001.33.576.100.41 250.00 CA. B Page 32 Of 162 Page: 24 vchlist Voucher List Page: 25 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431413 12/1/2014 012214 PEARL BUILDING SERVICES (Continued) 8073 JANITORIAL SERVICES FOR PARKS MAINT 001.33.576.100.41 250.00 Total: 5,175.00 431414 12/1/2014 262250 PEDEN, RUDY 110314LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.200.25 8.73 111214LEOFF LEOFF 1 PHARMACY REIMBURSEMENT CLAIM 001.98.522.200.25 210.00 Total: 218.73 431415 12/1/2014 016179 PETEK, PH.D, THOMAS C. 8782 POLICE PSYCHOLOGICAL EVALUATION FOR 001.21.521.100.41 300.00 Total: 300.00 431416 12/1/2014 024416 PETERS, TRACY 030430 UTILITY REFUND - 30110 127TH PL SE 430.233.100 29.03 UTILITY REFUND - 30110 127TH PL SE 431.233.100 130.49 UTILITY REFUND - 30110 127TH PL SE 432.233.100 106.00 UTILITY REFUND - 30110 127TH PL SE 433.233.100 224.59 Total: 490.11 431417 12/1/2014 263070 PIERCE COUNTYAUDITOR FILING FEE FILING FEES, LIENS 430.00.534.110.41 64.00 FILING FEES FILING FEES, LIENS 430.00.534.110.41 224.00 Page: 25 CA. B Page 33 Of 162 vchlist Voucher List Page: 26 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431417 12/1/2014 263070 263070 PIERCE COUNTYAUDITOR (Continued) Total: 288.00 431418 12/1/2014 017572 PIERCE TRANSIT 023012 431419 12/1/2014 018967 PORT OF SEATTLE 431420 12/1/2014 013364 PORT OF SEATTLE POLICE 431421 12/1/2014 020243 PRIUM DEVELOPMENT CO LLC 431422 12/1/2014 265220 PUGET SOUND ENERGY 28, 243.53 28,243.53 88.25 88.25 2,523.00 731.60 3,254.60 6,765.70 6,765.70 28, 918.00 6,990.47 5,483.75 22, 336.05 2,086.12 CA. B Page 34 Of 162 Page: 26 Lakeland Shuttle, Pierce Transit Inv 102.00.594.420.41 Total ID -2901 PAYMENT ON BEHALF OF V -NET 652.00.521.211.49 Total OCT2014 PAYMENT ON BEHALF OF V -NET 652.00.521.211.51 PAYMENT ON BEHALF OF V -NET 652.00.521.214.51 Total DEVELOPER REFUND NORTHTAPPS ESTATES PAYBACK AGREEMENT- 431.399.502 Total 120114UTILITIES ELECTRICAL /GAS CHARGES FOR OCT /NOV 2014 505.00.524.500.47 ELECTRICAL /GAS CHARGES FOR OCT /NOV 2014 001.33.576.100.47 ELECTRICAL /GAS CHARGES FOR OCT /NOV 2014 001.42.542.300.47 ELECTRICAL /GAS CHARGES FOR OCT /NOV 2014 430.00.534.800.47 ELECTRICAL /GAS CHARGES FOR OCT /NOV 2014 431.00.535.800.47 ELECTRICAL /GAS CHARGES FOR OCT /NOV 2014 28, 243.53 28,243.53 88.25 88.25 2,523.00 731.60 3,254.60 6,765.70 6,765.70 28, 918.00 6,990.47 5,483.75 22, 336.05 2,086.12 CA. B Page 34 Of 162 Page: 26 vchlist Voucher List Page: 27 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431422 12/1/2014 265220 PUGET SOUND ENERGY (Continued) 432.00.535.900.47 399.28 Total: 66,213.67 431423 12/1/2014 019220 RAEDEKE ASSOCIATES INC 54632 PROF SVS CONTRACT WITH RAAEDEKE FOR 3RD 001.17.558.100.41 106.50 Total: 106.50 431424 12/1/2014 012126 RAILROAD MANAGEMENT CO III, LL 314196 18 inch overflow pipe crossing. 432.00.535.100.49 160.78 Total: 160.78 431425 12/1/2014 024415 RAMIREZ, AQUILINO V 029602 UTILITY REFUND - 31807 120TH AVE SE 431.233.100 37.00 UTILITY REFUND - 31807 120TH AVE SE 432.233.100 42.02 UTILITY REFUND - 31807 120TH AVE SE 433.233.100 89.05 Total: 168.07 431426 12/1/2014 017340 RESOURCE STEWARDS, LLC 1162 Residential Waste Reduction /Recycling 434.00.537.120.41 1,880.00 1163 Residential Waste Reduction /Recycling 434.00.537.120.41 568.00 Total: 2,448.00 431427 12/1/2014 024432 REYES, SALLY 1847500 PARKS REFUND 001.347.699 47.00 Total: 47.00 431428 12/1/2014 018875 RI-12 ENGINEERING, INC 61450 CA. B Page 35 Of 162 Page: 27 vchlist Voucher List Page: 28 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431428 12/1/2014 018875 RH2 ENGINEERING, INC (Continued) Well 4 Emergency Improvments, AG -C -426. 430.00.590.100.69 2,270.25 Total: 2,270.25 431429 12/1/2014 021012 RICOH AMERICAS CORPORATION 93538749 PAYMENT ON BEHALF OF V -NET 652.00.521.211.45 275.35 Total: 275.35 431430 12/1/2014 021040 R I CO H USA INC. 5033167071 Ricoh copier usage - October - 518.00.518.880.45 378.10 Sales Tax 518.00.518.880.45 35.92 Total: 414.02 431431 12/1/2014 014423 ROWAN, KERRI D. 102814REIMB PER DIEM -SNUG USER CONF IN OAK HARBOR 001.21.521.300.43 152.50 Total: 152.50 431432 12/1/2014 273000 RUPERT ENGINEERING, INC 3766 CP1408 Airport Hangar Remodel - drawing 435.00.590.100.65 450.00 Total: 450.00 431433 12/1/2014 004859 S J C MANAGEMENT GROUP 078419 UTILITY REFUND - 418 17TH ST SE #3A 434.233.100 14.23 Total: 14.23 431434 12/1/2014 019745 SANDLAND PROMOTIONS 2057 T- SHIRTS FOR FARMERS MARKET PROMOTION 001.33.573.901.49 418.84 Total: 418.84 Page: 28 CA. B Page 36 Of 162 vchlist Voucher List Page: 29 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431435 12/1/2014 024396 SCHWARTZ, LAURIE 068072 UTILITY REFUND - 1401 62ND CT SE 431.233.100 23.77 UTILITY REFUND - 1401 62ND CT SE 432.233.100 19.29 UTILITY REFUND - 1401 62ND CT SE 433.233.100 40.90 UTILITY REFUND - 1401 62ND CT SE 434.233.100 28.81 Total: 112.77 431436 12/1/2014 021145 SCOCCOLO, ANTHONY 069712 UTILITY REFUND - 6717 DOUGLAS CT SE 431.233.100 119.65 Total: 119.65 431437 12/1/2014 019208 SCORE 980 NOVEMBER 2014 MEMBER CITY FEE - 001.20.523.600.51 324, 824.83 Total: 324,824.83 431438 12/1/2014 282090 SECOMA BOWLING LANES 0913141 NV BOWLING ADMISSION /RENTAL FOR SISSION #1 001.33.574.240.49 188.00 0920141 NV BOWLING ADMISSION /RENTAL FOR SISSION #1 001.33.574.240.49 196.00 0927141 NV BOWLING ADMISSION /RENTAL FOR SISSION #1 001.33.574.240.49 208.00 1004141 NV BOWLING ADMISSION /RENTAL FOR SISSION #1 001.33.574.240.49 212.00 1011141NV BOWLING ADMISSION /RENTAL FOR SESSION #2 001.33.574.240.49 212.00 Page: 29 CA. B Page 37 Of 162 vchlist Voucher List Page: 30 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431438 12/1/2014 282090 SECOMA BOWLING LANES (Continued) 1018141 NV BOWLING ADMISSION /RENTAL FOR SESSION #2 001.33.574.240.49 204.00 1101141 NV BOWLING ADMISSION /RENTAL FOR SESSION #2 001.33.574.240.49 216.00 110814INV BOWLING ADMISSION /RENTAL FOR SESSION #2 001.33.574.240.49 152.00 Total: 1,588.00 431439 12/1/2014 001187 SHRED -IT WESTERN WASHINGTON 9404247677 PAYMENT ON BEHALF OF V -NET 652.00.521.211.41 136.40 9404389893 PAYMENT ON BEHALF OF V -NET 652.00.521.211.41 207.00 Total: 343.40 431440 12/1/2014 007134 SIERRA CONSTRUCTION CO. INC. 2131004/FINAL R STREET PROPERTY EMERGENCY REPAIRS - 505.00.524.500.48 61,173.76 R STREET PROPERTY EMERGENCY REPAIRS - 505.00.524.500.48 2,401.61 RETAINAGE 505.223.400 -2,902.99 Total: 60,672.38 431441 12/1/2014 284900 SOUND TRANSIT 40132 3RD QTR 2014 OPERATING EXPENSES AT 505.00.524.500.45 4,743.00 Total: 4,743.00 431442 12/1/2014 020972 SPRINT SUBPOENA COMPLIANCE LCI- 219458 PAYMENT ON BEHALF OF V -NET Page: 30 CA. B Page 38 Of 162 vchlist Voucher List Page: 31 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431442 12/1/2014 020972 SPRINT SUBPOENA COMPLIANCE (Continued) 652.00.521.211.49 30.00 Total: 30.00 431443 12/1/2014 286440 STEWART, NANCY 121314PERF ENTERTAINMENT FOR BREAKFAST WITH SANTA 001.33.574.240.41 500.00 Total: 500.00 431444 12/1/2014 003617 STOVER, RUTH NEIL 41768 INSTRUCTOR FOR FALL QUARTER PILATES 001.33.574.240.41 336.00 Total: 336.00 431445 12/1/2014 114950 THE AUBURN DOWNTOWN ASSOC AUG2014 AUG 2014 EXPS - RENT, PAYROLL, TAXES, 121.00.543.100.31 181.45 AUG 2014 EXPS - RENT, PAYROLL, TAXES, 121.00.543.100.41 2,660.22 AUG 2014 EXPS - RENT, PAYROLL, TAXES, 121.00.543.100.42 177.46 AUG 2014 EXPS - RENT, PAYROLL, TAXES, 121.00.543.100.45 775.00 AUG 2014 EXPS - RENT, PAYROLL, TAXES, 121.00.543.100.47 26.40 SE PT2014 SEPT 2014 EXPS - PAYROLL, TAXES, 121.00.543.100.31 249.09 SEPT 2014 EXPS - PAYROLL, TAXES, 121.00.543.100.41 2,660.16 SEPT 2014 EXPS - PAYROLL, TAXES, 121.00.543.100.42 177.58 SEPT 2014 EXPS - PAYROLL, TAXES, 121.00.543.100.47 26.68 Total: 6,934.04 CA. B Page 39 Of 162 Page: 31 vchlist Voucher List Page: 32 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431446 12/1/2014 009656 THOMPSON SMITCH CONSULTING GRP 26288 Consulting services for October 2014 001.98.513.100.41 11, 000.00 Total: 11,000.00 431447 12/1/2014 284710 THYSSENKRUPP ELEVATOR CORP 3001375975 ELEVATOR MAINTENANCE 505.00.524.500.48 651.80 3001376067 ELEVATOR MAINTENANCE, AG -S -079 1/3 of 505.00.524.500.48 736.59 ELEVATOR MAINTENANCE 505.00.524.500.48 468.45 Total: 1,856.84 431448 12/1/2014 012331 TITLEIST 0241412 WINTER HATS /BEANIES FOR RE -SALE AT THE 001.33.576.680.34 269.92 Total: 269.92 431449 12/1/2014 012331 FOOTJOY 5901621 WINTER CLOTHING FOR RESALE AT THE GOLF 001.33.576.680.34 116.53 5912400 WINTER CLOTHING FOR RESALE AT THE GOLF 001.33.576.680.34 156.35 Total: 272.88 431450 12/1/2014 023191 TOP BUILDING SERVICES INC 31 PAYMENT ON BEHALF OF V -NET 652.00.521.211.41 250.00 Total: 250.00 431451 12/1/2014 015041 TRANSPORTATION SYSTEMS INC 2285 Replace wiring on Auburn Way S by R St 001.42.542.300.48 2,633.40 2286 Page: 32 CA. B Page 40 Of 162 vchlist Voucher List Page: 33 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431451 12/1/2014 015041 TRANSPORTATION SYSTEMS INC (Continued) Remove and replace Iuminaire pole on 001.42.542.300.48 6,540.00 Total: 9,173.40 431452 12/1/2014 371290 UTILITIES UNDERGROUND LOCATION 4100095 BLANKET PURCHASE ORDER - 001.42.542.300.42 97.11 BLANKET PURCHASE ORDER - 430.00.534.800.42 97.11 BLANKET PURCHASE ORDER - 431.00.535.800.42 97.11 BLANKET PURCHASE ORDER - 432.00.535.900.42 97.13 Total: 388.46 431453 12/1/2014 024422 VACEK, ERIC 068802 UTILITY REFUND - 1031 61 ST ST SE #106 434.233.100 44.92 Total: 44.92 431454 12/1/2014 380030 VADIS CORP 20090 2014 LITTER CONTROL /RECYCLING SVCS- 434.00.537.800.41 11, 003.00 USE TAX 434.00.537.800.41 277.28 USE TAX 434.237.200 - 277.28 Total: 11,003.00 431455 12/1/2014 380120 VALLEYAUTO REBUILD, INC. 30456 TOW OF '06 BLACK HONDAACCORD, CASE 001.21.521.200.41 328.50 30530 TOW OF '92 GREY HONDAACCORD, LIC 001.21.521.200.41 262.80 Page: 33 CA. B Page 41 Of 162 vchlist 11/25/2014 10:47:22A M Voucher List City of Au burn 430.233.100 Page: 34 Bank code: 000 1000 AUBURN WAY S 431.233.100 Voucher Date Vendor Invoice Description /Account Amount 431455 12/1/2014 380120 VALLEYAUTO REBUILD, INC. (Continued) UTILITY REFUND - 1000 AUBURN WAY S 433.233.100 70718 43.06 UTILITY REFUND - 1000 AUBURN WAY S 434.233.100 TOW OF'14 WHITE LINCOLN MKZ, CASE# 24.78 Total : 205.48 001.21.521.200.41 262.80 70835 TOWING SERVICES ONANAS REQUIRED BASIS 550.00.548.680.48 283.75 70946 TOW OF RED MAZDA232, CAST E #14- 07305, 001.21.521.200.41 262.80 Total: 1,400.65 431456 12/1/2014 380240 VALLEY COMMUNICATIONS CENTER 0015321 WSP ACCESS BILLING - 3RD QTR 2014 001.21.521.300.42 2,792.16 0015341 800 MHz RADIOS - OCTOBER 2014 001.21.521.100.42 7,524.77 0015385 911 CALLS, NOV /DEC ASSESSMENT 001.21.521.100.42 303, 918.17 Total: 314,235.10 431457 12/1/2014 024413 VALLEY MEDICAL CENTER 013251 UTILITY REFUND - 1000 AUBURN WAY S 430.233.100 46.85 UTILITY REFUND - 1000 AUBURN WAY S 431.233.100 25.00 UTILITY REFUND - 1000 AUBURN WAY S 432.233.100 65.79 UTILITY REFUND - 1000 AUBURN WAY S 433.233.100 43.06 UTILITY REFUND - 1000 AUBURN WAY S 434.233.100 24.78 Total : 205.48 CA. B Page 42 Of 162 Page: 34 vchlist Voucher List Page: 35 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431458 12/1/2014 015073 VALLEY REGIONAL FIRE AUTHORITY OCT2014 OCT 2014 PERMIT & PLAN REVIEW FEES 651.237.360 13, 667.13 SE PT2014 SEPT 2014 PERMIT & PLAN REVIEW FEES 651.237.360 11, 486.46 Total: 25,153.59 431459 12/1/2014 024433 VALLIER, VICTORIA 1847498 PARKS REFUND 001.347.699 7.00 1847499 PARKS REFUND 001.347.699 2.00 Total: 9.00 431460 12/1/2014 024165 VAN, BRIAN 077868 UTILITY REFUND - 107 N ST NE 430.233.100 5.26 Total: 5.26 431461 12/1/2014 111800 VERIZON WIRELESS 9733629320 PAYMENT ON BEHALF OF V -NET 652.00.521.212.42 696.48 Total: 696.48 431462 12/1/2014 391470 WA STATE CRIM JUSTICE TRAINING 20114196 ALEMAN /MICHELS: ACADEMY TRAINING - 001.21.521.100.49 6,126.00 20114232 HOSTAGE NEGOTIATOR TRAINING (STOCKER) - 001.21.521.100.49 100.00 HOSTAGE NEGOTIATOR TRAINING (BLAKE) - 001.21.521.100.49 100.00 Total: 6,326.00 431463 12/1/2014 391980 WA STATE DEPT OF REVENUE 028 CA. B Page 43 Of 162 Page: 35 vchlist Voucher List Page: 36 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431463 12/1/2014 391980 WA STATE DEPT OF REVENUE (Continued) DOR 2010 -2013 AUDIT 001.98.589.900.49 34, 664.00 Total: 34,664.00 431464 12/1/2014 392040 WA STATE DEPT TRANSPORTATION RE41JA79351-006 WSDOT review - CP1118, Auburn Way South 102.00.594.420.65 1,524.57 RE41JA7940L008 WSDOT review - CP1119, Auburn Way South 102.00.594.420.65 1,460.32 Total: 2,984.89 431465 12/1/2014 392100 WASTATE EMP SECURITY DEPT 14- 083290 - RDU -K5 PAYMENT ON BEHALF OF V -NET 652.00.521.211.49 13.50 14- 083291 - RDU -K6 PAYMENT ON BEHALF OF V -NET 652.00.521.211.49 13.50 14- 083292 - RDU -K5 PAYMENT ON BEHALF OF V -NET 652.00.521.211.49 13.50 Total: 40.50 431466 12/1/2014 392520 WASHINGTON STATE PATROL 115003126 OCTOBER 2014 CPL FINGERPRINTING - 651.237.105 676.50 OCTOBER 2014 VENDOR FINGERPRINTING 001.21.521.100.49 32.50 Total: 709.00 431467 12/1/2014 006740 WASHINGTON2ADVOCATES, LLC 4929 Washington Advocates consultant 001.98.513.100.41 7,500.00 Total: 7,500.00 431468 12/1/2014 393570 WATER MANAGEMENT LABS, INC 134372 Page: 36 CA. B Page 44 Of 162 vchlist Voucher List Page: 37 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431468 12/1/2014 393570 WATER MANAGEMENT LABS, INC (Continued) WATER ANALYSIS ON AN AS REQUIRED BASIS 432.00.535.900.41 229.00 135432 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 336.00 135471 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 168.00 135567 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 273.00 135651 WATER ANALYSIS ON AN AS REQUIRED BASIS 001.32.532.200.41 31.38 WATER ANALYSIS ON AN AS REQUIRED BASIS 430.00.534.800.41 136.62 135811 WATER ANALYSIS ON AN AS REQUIRED BASIS 001.32.532.200.41 84.00 Total: 1,258.00 431469 12/1/2014 017690 WEAKLAND, ROBIN A. 102114INV CLEANING OF COSTUMES FOR "SOUND OF 001.33.575.280.49 143.66 Total: 143.66 431470 12/1/2014 018105 WEBCHECK INC. 5012 Webcheck online Escrow Final Bill 430.00.534.110.41 225.00 Webcheck online Escrow Final Bill 431.00.535.110.41 225.00 Webcheck online Escrow Final Bill 432.00.535.910.41 225.00 Webcheck online Escrow Final Bill 434.00.537.110.41 225.00 CA. B Page 45 Of 162 Page: 37 vchlist Voucher List Page: 38 11/25/2014 10:47:22A M City of Au burn Bank code: 000 Voucher Date Vendor Invoice Description /Account Amount 431470 12/1/2014 018105 WEBCHECK INC. (Continued) Sales Tax 430.00.534.110.41 21.38 Sales Tax 431.00.535.110.41 21.38 Sales Tax 432.00.535.910.41 21.38 Sales Tax 434.00.537.110.41 21.36 Total: 985.50 431471 12/1/2014 324050 WESCOM COMMUNICATIONS 21908 CALIBRATION OF SPEED MEASURING DEVICE 001.21.521.100.48 87.60 21909 CALIBRATION OF SPEED MEASURING DEVICE 001.21.521.100.48 87.60 Total: 175.20 431472 12/1/2014 023380 WICKENKAMP. CYNTHIA L. 41671 WORKSHOP INSTRUCTOR 001.33.573.201.41 167 Vouchers for bank code : 000 167 Vouchers in this report 180.00 Total : 180.00 Bank total : 4,682,522.91 Total vouchers : 4,682,522.91 CA. B Page 46 Of 162 Page: 38 'jchlist Ip :g7:22P� �1125120�4 RGEQ ON 6anK code ' p3� veadOT OQ NQI pR u k HEo (O TH �oBe S A ESN voucher ER'T1F `, HcEERBFY THE C�A�MS HER �H VOUCHERS ,FURTHER OF MD AN CORRECT. 39 page: voucher List AmOUrrt City of Auburn pescriptionl Ncc °unt InVOice \JPIW p1REOTOR OF F1NAN0 AUBURN G1TY EE OF THE T EQ F1�NOE COM HE Ee,( cep v\ E Mount OF WE THE UNQERS\G Aeo OG' O DER #4314 ?2 �N OUNT OF COUN AU613 gTHROUGH NSFERSWTHC MgER 2p1A. C�L \jo Ck 6 g #6 AN PROOE RH RA T QAY OF QE $2g16 5A PRE AP OHA�R MEMBER MEMBER ►: page 47 of 162 Page. 39 'Alu,BURN VVA,S I � I N G "i'(')N' Agenda Subject: Payroll Vouchers AGENDA BILL APPROVAL FORM Date: November 25, 2014 Department: Attachments: Budget Impact: Finance No Attachments Available $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 535126 through 535199 in the amount of $363,247.58 and electronic deposit transmissions in the amount of $1,369,666.42 for a grand total of $1,732,914.00 for the period November 13, 2014 to November 26, 2014. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: CA.F CA.F AUBURN * MORE THAN YOU IMAGINED Page 48 of 162 'Alu,BURN VVAS I � I N G "i'(') N1 AGENDA BILL APPROVAL FORM Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6533, establishing the Citys budget for 2015 -2016. Background Summary: Budget Process: In June, the City began the process of developing the budget for the 2015 -2016 biennium. This included budget workshops and public hearings as follows: - July 9: Fund and Budget Process Overview (workshop #1) - August 12 and 26: General, Proprietary, Capital and Special Revenue Funds (workshops #2 and #3) - September 10: General, Proprietary, Capital and Special Revenue Funds (workshop #4) - September 15: Review General Fund revenues; first public hearing on budget - September 18: General, Proprietary, Capital and Special Revenue Funds (workshop #5) During these presentations and workshops, Council provided policy guidance to the administration. These included clarifying 2013 -2014 accomplishments and expanding upon 2015 -2016 goals and objectives. 2015 -2016 Preliminary Budget: A copy of the 2015 -2016 Preliminary Budget was filed with the City Clerk, distributed to Council, and made available to the public on October 17, 2014. Ordinance No. 6533: Council's approval of Ordinance No. 6533 will establish the Ll City's 2015 -2016 biennial budget. As the budget has been reviewed by Council during the budget workshops, adoption of Ordinance 6533 is scheduled as follows: - November 17: First reading by the Finance Committee and a public hearing before the full Council. ORD.A AUBURN * MORE THAN YOU IMAGINED Page 49 of 162 - December 1: Second and final reading by the Finance Committee with referral to the full Council for adoption. Staff recommends Council approval of Ordinance No. 6533. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: ORD.A ORD.A AUBURN * MORE THAN YOU IMAGINED Page 50 of 162 ORDINANCE NO. 6533 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2015 -2016 BIENNIAL BUDGET FOR THE CITY OF AUBURN, WASHINGTON THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That pursuant to the provisions of Chapter 35A.34, the Mayor of the City of Auburn has heretofore duly completed and placed on file with the City Clerk of the City of Auburn a preliminary biennial budget for 2015 -2016, and that notice was thereupon duly published, as required by law, stating that the Mayor had completed and placed on file such preliminary budget and a copy would be furnished to any taxpayer who would call therefore at the office of the City Clerk, and that the City Council of the City of Auburn would meet on November 17, 2014 at 7:30 p.m. for the purpose of fixing the budget and any taxpayer might appear at such time and be heard for or against any part of such budget, and designated the place of such meetings as the Council Chambers of Auburn City Hall, 25 West Main Street, Auburn, Washington; That the Mayor of the City of Auburn duly provided a suitable number of copies of such detailed preliminary budget to meet the reasonable demands of taxpayers therefore; That the Mayor and the City Council of the City of Auburn met at the time designated in said notice in the Council Chambers of the Auburn City Hall, 25 West Main Street, City of Auburn, on November 17 at 7:30 p.m.; That any and all taxpayers of the City of Auburn were given full opportunity to be heard for or against such budget; That the City Council ------------------------- Ordinance No. 6533 November 17, 2014 ORI� p.K e 1 of 5 Page 51 of 162 has conducted public hearings on September 15, 2014 and November 17, 2014 to consider this preliminary budget; That at said meetings said budget was considered; and that, at the meeting held by the City Council on the 1st day of December 2014 the City Council considered modifications of said budget and thereafter approved the 2015 -2016 biennial budget for the City of Auburn as herein adopted by this Ordinance as shown on Schedule A. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. 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: NANCY BACKUS, MAYOR ------------------------- Ordinance No. 6533 November 17, 2014 ORI� p.K e 2 of 5 Page 52 of 162 ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Daniel B. Heid City Attorney PUBLISHED: ------------------------- Ordinance No. 6533 November 17, 2014 ORI� p.K e 3 of 5 Page 53 of 162 Schedule A 2015 Budget Summary by Fund Beginning 2015 2015 Ending Fund Fund Balance Resources Expenditures Fund Balance GENERAL FUND $14,592,724 $58,767,680 $62,813,278 $10,547,126 Arterial Street 1,312,844 14,150,590 14,354,730 1,108,704 U) 0 Local Street 1,196,068 1,752,500 2,600,000 348,568 Z LL Hotel /Motel Tax 139,991 94,040 86,000 148,031 LL w Arterial Street Preservation 521,910 2,134,700 2,195,410 461,200 D iz Drug Forfeiture 505,405 97,100 304,448 298,057 Housing & Community Development 27,371 450,000 440,000 37,371 Q Recreational Trails 36,717 7,130 - 43,847 iU Business Improvement Area 41,212 55,060 55,000 41,272 9) Cumulative Reserve 5,582,204 1,314,100 658,000 6,238,304 Mitigation Fees 5,205,964 994,890 3,586,423 2,614,431 1998 Library Bond - 279,500 279,500 - w U City Hall Annex 2010 A &B Bond 1,695,917 1,695,917 - � Local Revitalization 2010 C &D Bond 594,637 594,617 20 m Golf Course - 389,195 389,195 - w 0 LID Guarantee 24,549 20 2,000 22,569 LID #350 7,864 7,257 7,247 7,874 Q U Municipal Park Construction 427,106 620,130 540,000 507,236 Q O Capital Improvements 8,944,989 1,840,247 2,157,368 8,627,868 O Local Revitalization 229,370 250 229,620 - U) Water 4,526,763 19,158,319 18,310,129 5,374,953 Z Sewer 10,794,820 7,985,084 9,954,201 8,825,703 D LL Sewer Metro 2,447,311 16,101,737 16,056,900 2,492,148 Storm Drainage 10,674,042 10,141,339 13,034,095 7,781,286 w Solid Waste 2,272,081 13,347,800 12,761,420 2,858,461 Z Airport 682,748 1,060,369 1,451,008 292,109 w Cemetery 126,755 1,078,300 1,048,607 156,448 w U Insurance 1,613,131 1,000 218,900 1,395,231 Workersi Compensation 123,000 860,100 816,601 166,499 o J Z aD Facilities 1,546,227 3,638,820 3,838,569 1,346,478 Z w w Innovation and Technology 2,363,378 5,660,747 6,195,259 1,828,866 Z Equipment Rental 4,324,274 41210,470 5,349,861 3,184,883 U z D =) 0w Fire Pension 2,580,481 76,000 170,181 2,486,300 Z CO Z 0 aZ LL PL Cemetery Endowment Care 1,663,664 34,200 1,697,864 TOTAL $84,534,959 $168,599,228 $182,194,484 $70,939,703 TOTAL BUDGET $253,134,187 $253,134,187 Ordinance No. 6533 pNoovvember 17, 2014 ORI�.K e 4 of 5 Page 54 of 162 Schedule A 2016 Budget Summary by Fund Beginning 2016 2016 Ending Fund Fund Balance Resources Expenditures Fund Balance GENERAL FUND $10,547,126 $59,354,240 $64,735,529 $5,165,837 Arterial Street 1,108,704 12,088,787 12,320,712 876,779 U 0 Local Street 348,568 1,602,500 1,600,000 351,068 Z LL Hotel /Motel Tax 148,031 94,940 86,000 156,971 LL w Arterial Street Preservation 461,200 3,127,300 3,351,390 237,110 D iz Drug Forfeiture 298,057 97,100 273,028 122,129 Housng & Community Development 37,371 450,000 440,000 47,371 Q Recreational Trails 43,847 7,130 - 50,977 iU Busne$ Improvement Area 41,272 55,060 55,000 41,332 9) Cumulative Reserve 6,238,304 14,200 1,917,084 4,335,420 Mitigation Fees 2,614,431 994,890 1,221,827 2,387,494 1998 Library Bond - 285,100 285,100 - w U City Hall Annex 2010 A &B Bond - 1,688,444 1,688,444 - � Local Revitalization 2010 C &D Bond 20 592,452 592,432 40 m Golf Course - 351,553 351,553 w 0 U Guarantee 22,569 20 2,000 20,589 U D #350 7,874 7,256 7,246 7,884 Q � Municipal Park Condruction 507,236 9,016,000 9,155,000 368,236 Lou Q O Capital Improvements 8,627,868 1,756,036 5,561,324 4,822,580 U Local Revitalization - - - - U) Water 5,374,953 14,264,636 15,748,910 3,890,679 Z ewer 8,825,703 8,171,011 9,793,077 7,203,637 D w ewer Metro 2,492,148 16,333,387 16,317,200 2,508,335 wStorm Drainage 7,781,286 9,576,161 9,784,730 7,572,717 w Solid Wade 2,858,461 13,427,400 13,040,602 3,245,259 Z Airport 292,109 881,900 826,807 347,202 w Cemetery 156,448 1,178,300 1,098,229 236,519 w U Insurance 1,395,231 1,000 218,900 1,177,331 o Workers Compensation 166,499 863,100 854,310 175,289 J Z aD Facilities 1,346,478 3,598,400 3,797,528 1,147,350 Z w w Innovation and Technology 1,828,866 5,639,465 5,582,583 1,885,748 Z Equipment Rental 3,184,883 3,669,480 4,638,014 2,216,349 _o U z 0 w Fire Pennon 2,486,300 76,000 170,659 2,391,641 Z CO Z 0 aZ LL PL Cemetery Endowment Care 1,697,864 34,200 - 1,732,064 TOTAL $70,939,703 $169,297,448 $185,515,218 $54,721,933 TOTAL BUDGET $240,237,151 $240,237,151 Ordinance No. 6533 pNoovvember 17, 2014 ORI�.A e 5 of 5 Page 55 of 162 'Alu,BURN VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Administrative Recommendation: Background Summary: Ordinance No. 6539 (Budget Amendment #9) represents the ninth and final budget amendment for the 2013 -2014 biennium and the fourth budget amendment for 2014. For details, see the attached transmittal memorandum and supporting attachments. Reviewed by Council Committees: Finance, Public Works Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: ORD.B ORD.B AUBURN * MORE THAN YOU IMAGINED Page 56 of 162 CITY OF ..... ,AljBURN WASHINGTON To: City Council From: Shelley Coleman, Finance Director CC: Nancy Backus, Mayor Date: November 12, 2014 Interoffice Memorandum Re: Ordinance #6539 — 2013 -2014 Budget Amendment #9 The City's biennial 2013 -2014 budget is approved by Council as two one -year appropriations. Budget Amendments #1 through #5 amended the budget for calendar year 2013 and Budget Amendments #6 through #8 amended the budget for calendar year 2014. This amendment is the ninth and final budget amendment for the biennium and the fourth budget amendment for calendar year 2014. Proposed amendments to the 2014 budget are as follows: Fund Balance Adjustments: This amendment adjusts citywide 2014 budgeted beginning fund balances to reflect actual ending balances as of the end of 2013. The General Fund beginning fund balances are adjusted by a net increase of $43,204.03. This represents a technical correction. In addition, the beginning working capital balance for the Golf Course Debt Service Fund, Fund 417, is increased by $3,326,675.20. This is a technical adjustment needed to complete closure of the Golf Course Debt Service Fund. The beginning working capital balance for the Golf Course Fund, Fund 437, is reduced by $8,164,204.16. This is a technical adjustment needed to complete closure of the Golf Course Fund. FTE Additions: No new FTEs are authorized under this amendment. Project Funding Requests: Project funding requests included in this budget amendment establish spending authority for new projects or additional spending authority for existing projects. Arterial Street Fund (Fund 102: $97,500.00) • Auburn Way South & M Street Improvements (CP1024) — $67,500.00 increase in funding for project; funded by additional Transportation Improvement Board grants. • Auburn Way South Pedestrian Improvements (CP 1118) — $15,000.00 increase in funding for project; funded by reimbursement from Comcast and Century Link. • Auburn Way South Corridor Improvements (CP 1119) — $15,000.00 increase in funding for project; funded by reimbursement from Comcast and Century Link. • Municipal Parks Construction Fund (Fund 321: $25,000.00) o Lea Hill Park (CP1003) — $25,000.00 for the completion of the Lea Hill Park restroom; funded by Fund 124 Parks Mitigation Fees. ORD.B AuBU!RN � M OIU I I iAN YOU IM AGI�Rage 57 of 162 • Storm Fund (Fund 432: $40,000.00) o Hi -Crest Storm Pipeline Repair & Replacement (CP1109) — $40,000.00 revenue /reimbursement from Lakehaven Utility District. Other Requests: Other requests included in this budget amendment establish spending authority for new items such as contracts for services, receipt of grant revenues, purchase of vehicles and equipment, Innovation and Technology items, etc. General Fund (Fund 001: $161,224.00) • Administration — $55,724.00 increase in budget for temporary staffing and miscellaneous expenditures, which will be funded by an Emergency Management Performance grant as approved by Council in Resolution No. 5097. • Parks — $4,500.00 to purchase LED lighting at the Auburn Avenue Theater, funded by a 4Culture grant. • Police — $5,000.00 increase in budget to pay for grant- funded training in the investigations unit. • General Fund — $96,000.00 receipt of Criminal Justice High Crime revenues from the State Department of Revenue. • LID 250 Fund (Fund 250: $435,300.00) o Increase in budgeted revenues and expense due to the prepayment of Local Improvement District #250 for off - street parking improvements (transfer to Capital Improvements Fund, Fund 328). • Capital Improvements Fund (Fund 328: $435,300.00) o Increase in budgeted revenues due to the prepayment of Local Improvement District #250 for off - street parking improvements. • Golf Course Debt Service Fund (Fund 417: — $3.32) o Technical adjustment, increasing budgeted expenditures to complete closure of the Golf Course Debt Service Fund. • Golf Course Fund (Fund 437: $118,572.75) o Technical adjustment, increasing budgeted expenditures to complete closure of the Golf Course Fund. • Sewer Metro Sub Fund (Fund 433: $30,000.00) o Increase in budgeted expenditures to cover anticipated payments to King County through the remainder of 2014. • Solid Waste Fund (Fund 434: $150,000.00) o Increase in budgeted revenues and expenditures due to the unpredictability of rolloff activity. • Airport Fund (Fund 435: $200,000.00) o Interfund loan from the Capital Improvements Fund (Fund 328) to provide funding for the Auburn Municipal Airport T Hangar Enclosure Project, as approved by Council in Resolution No. 5103. • Equipment Rental Fund (Fund 550: $93,075.00) • $35,040.00 increase in budget to replace a mower (Unit 6909C) that has reached the end of its useful life. • $58,035.00 increase in budget to replace a tractor (Unit 6720C) that has failed beyond repair. ORD.B AuBU!RN � MOIa l I liAN YOU IMAGI� age 58 of 162 Council approval of proposed Ordinance No. 6539 would amend the 2014 budget as follows: Table 1: 2014 Budget as Amended 2014 Budget as Amended $ 284,135,204.94 Budget Amendment #9 (Ord #6539) ( 3,250,000.93) Revised Budget as Amended $280,885,204.01 Attachments: ❖ 1. Proposed Ordinance #6539 (budget adjustment #9). ❖ 2. Summary of proposed 2014 budget adjustments by fund and department (Schedule A). ❖ 3. Summary of approved changes to adopted 2014 budget by fund (Schedule B). ORD.B AuBU!RN � M OIU I IiAN YOU lMAGI� age 59 of 162 ORDINANCE NO. 6539 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6432, THE 2013 -2014 BIENNIAL BUDGET ORDINANCE, AS AMENDED BY ORDINANCE NO. 6456, ORDINANCE NO. 6462, ORDINANCE NO. 6472, ORDINANCE NO. 6473, ORDINANCE NO. 6474, ORDINANCE NO. 6481, ORDINANCE NO. 6502, ORDINANCE NO. 6510, AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2013 -2014 BUDGET AS SET FORTH IN SCHEDULE "A" AND SCHEDULE "B" WHEREAS, the Auburn City Council at its regular meeting of December 3, 2012, adopted Ordinance No. 6432 which adopted the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of March 4, 2013, adopted Ordinance No. 6456 (BA #1) which amended Ordinance No. 6432 which adopted the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of May 28, 2013, adopted Ordinance No. 6462 (BA #2) which amended Ordinance No. 6456 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of August 5, 2013, adopted Ordinance No. 6472 (BA #3) which amended Ordinance No. 6462 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of September 16, 2013, adopted Ordinance No. 6473 (BA #4) which amended Ordinance No. 6472 which amended the City of Auburn 2013 -2014 Biennial budget; and ------------------------- Ordinance No. 6539 November 12, 2014 ORI� pp.t3e 1 of Page 60 of 162 WHEREAS, the Auburn City Council at its regular meeting of December 2, 2013, adopted Ordinance No. 6481 (BA #5), which amended Ordinance No. 6473 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of December 2, 2013, adopted Ordinance No. 6474 (BA #6), which amended Ordinance No. 6481 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of March 17, 2014, adopted Ordinance No. 6502 (BA #7), which amended Ordinance No. 6474 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of June 16, 2014, adopted Ordinance No. 6510 (BA #8), which amended Ordinance No. 6502 which amended the City of Auburn 2013 -2014 Biennial budget; and WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2014 budget as outlined in this Ordinance (BA #9); and WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 2013 -2014 Biennial Budget. The 2013- 2014 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached ------------------------- Ordinance No. 6539 November 12, 2014 ORI� pp.t3e 2 of Page 61 of 162 hereto and incorporated herein by reference. The Mayor of the City of Auburn, Washington is hereby authorized to utilize revenue and expenditure amounts shown on said Schedule "A" and Schedule "B ". A copy of said Schedule "A" and Schedule "B" is on file with the City Clerk and available for public inspection. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstance shall not be affected. 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- NANCY BACKUS, MAYOR ------------------------- Ordinance No. 6539 November 12, 2014 ORI� pp.t3e 3 of Page 62 of 162 ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: Daniel B. Heid City Attorney PUBLISHED- ------------------------- Ordinance No. 6539 November 12, 2014 ORI� pp.t3e 4 of Page 63 of 162 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 Fund ( #001)' .: 1, _ 2014 Beg: Fuhd Balance °` , 'Revenue's 2014 Expenditures :" Ending Fund Balance _ General Fund 2014 Adopted Budget 8,311,010 50,553,102 54,498,330 4,365,782 BA #6 (Ordinance #6474,12.3.2013) 5,238,690 5,047,826 4,393,501 5,893,015 BA #7 (Ordinance #6502, 3.17.2014) 268,348 (144,228) 589,148 (465,028) BA#8 (Ordinance #6510, 7.7.2014) 1,598,340 445,499 806,088 1,237,751 BA #9 (Proposed Ordinance #6539) General Fund Revenues Receipt of two quarters of Criminal Justice High Cnme revenues from DOF, 0 96,000 0 96,000 Administration Department Recognition of Emergency Management Performance Grant (EMPG) for 0 55,724 55,724 0 temporary staffing and supplies, Resolution No. 5097 Community Development and Public Works Department Increase budget for bank card processing fees. 0 0 120,000 (120,000) New signage for Downtown Parking Management Plan, Resolution No 5031 0 0 10,000 (10,000) Police Department Recognition of pass- through money received for WSORCA training 0 5.000 5,000 0 Parks Department Recognition of 4Culture Grant for the purchase of LED lighting at 0 4.500 4,500 0 the Auburn Avenue Theater Beginning Fund Balance Technical correction to the 2014 beginning undesignated fund balance to 43.204 0 0 43,204 match 2014 actuals. BA#9 Total 43,204 161,224 195,224 9,204 2014 Revised Budget, ,' z.: 15,459,592 56,063,423 60,482,290. 11,040,724' :.Memo:- Unrestricted GF Ending fund'balance t. ' _ Total Resources I Expenditures 8.0% General Fund Reserve Requirement 71,523,015 11,040;724 71,523,015 4,838,583 C: \Users \emcoske \Desktop \MTG Nov 17 -2014 \Ord 6539 - BA #9 \BA #9 - Sched A and S.xlsx Page 64 of 162 Page 1 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 - Arterial Street Fund ( #102 M. ' ' Beg: Fund'Balancd 2014 ` Revenues - 4 2014 Expenditures' ;,.'.Ending Fund`Balande-" 2014 Adopted Budget 856,364 3,849,658 3,892,270 813,752 BA #6 (Ordinance #6474,12.3.2013) 130,000 1,935,446 2,549,006 (483,560) BA #7 (Ordinance #6502, 3.17.2014) 961,893 5,873,643 6,871,306 (35,770) BA #8 (Ordinance #6510,7.7.2014) 487,665 0 16,265 471,400 BA#9 (Proposed Ordinance #6539) Recognition of State Grant for Auburn Way S & M Street Improvement 0 67,500 67.500 0 Project (CP1024). Increase budget for Auburn Way S Pedestrian Improvement Project (CP1118) 0 15,000 15,000 0 for design of utility trench, reimbursement from Century Link and Comcast Increase budget for Auburn Way S Corridor Improvement Project (CP1119: 0 15,000 15,000 0 for design of utility trench, reimbursement from Century Link and Comcast BA#9 Total 0 97,500 97,500 0 2074 Revised Budget °r:; 2;435,922 11,756;247 0 13,426,347 0 q` :. 765,822 Total Resources / Expenditures 14,192,169 14,192,169 Mitigation Fees Fund ( #124) - Beg. Fund Balance 2014 - Revenues 2014.Expendituies , ZEnding Fund =.Balance 2014 Adopted Budget 2,531,402 880,000 426,050 2,985,352 BA #6 (Ordinance #6474,12.3.2013) 0 1,045,300 1,090,790 (45,490) BA #7 (Ordinance #6502, 3.17.2014) 0 0 1,103,872 (1,103,872) BA #8 (Ordinance #6510, 7.7.2014) 2,109,366 0 0 2,109,366 BA#9 (Proposed Ordinance #6539) Transfer Out - Parks Mitigation Fees to Fund 321 for Lea Hill Park 0 0 25,000 (25.000) restroom (CP1003). BA #9 Total 0 0 25,000 (25,000) 2014.Revised Budget' 4,640,768 1,925;300 2,645,712 -3,920,356 Total Resources I Expenditures 6,566,068 6,566,068 C: \Users\emcoske \Desktop \MTG Nov 17- 2014 \Ord 6539 - BA#9 \BA #9 - Sched A and B.xlsx Page 65 of 162 Page 2 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 LID #250 ( #250) ;,• ;', : >- . ' ' ° v.s.., Beg. Fund Balance , 2014 t.. Revenues'< =' 2014 Expeinditures' Ending;Fund Balance 2014 Adopted Budget 369 56,393 56,373 389 BA #6 (Ordinance #6474,12.3.2013) 0 0 0 0 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 7 0 0 7 BA#9 (Proposed Ordinance #6539) Prepayment of LID #250 for off - street parking improvements. 0 435,300 435.300 0 BA#9 Total 0 435,300 435,300 0 2014 Revised Budget •. .. ,r :` _ .; .. .: , -. ;...; _:,::i >::'::'. �, , - :. 376_„ ,, 491;693; . :`. - ^491;673:.,:' _ ` .,• _., .. 396 Total Resources / Expenditures 492,069 492,069 Municipal'Park Construction Furid ( #321) Beg..Fund Balance _ Revenues. 2014 Expenditures Endin g YFund :Balance 2014 Adopted Budget 325,267 18,171,700 18,436,000 60,967 BA #6 (Ordinance #6474, 12.3.2013) 45,000 (7,983,269) (7,915,500) (22,769) BA #7 (Ordinance #6502, 3.17.2014) 0 1,365,883 1,365,883 0 BA #8 (Ordinance #6510, 7.7.2014) 104,212 47,230 47,230 104,212 BA#9 (Proposed Ordinance #6539) Transfer In from Fund 124 for Lea Hill Park restroom (CP1003). 0 25,000 25,000 0 BA#9 Total 0 25,000 25,000 0 2014 "Revised Budget: • '. 474;479 11,626,544 11,958;613 :. : 142;410 Total Resources/ Expenditures 12,101,023 12,101,023 CAUsers \emcoske \Desktop \MTG Nov 17- 2014 \Ord 6539 - BA #9 \BA #9 - Sched A and B.xlsx Page 66 of 162 Page 3 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 .. Capital Improvements,Fund ( #328) ' Beg Fund Balance 2014 Revenues;.. ;;f ,.,:` 2014 Expenditures . i r ',`Ending Fund.f3alance ' 2014 Adopted Budget 4,586,304 1,524,819 1,097,300 5,013,823 BA#6 (Ordinance #6474,12.3.2013) 1,625,319 1,615,790 6,544,408 (3,303,299) BA #7 (Ordinance #6502, 3.17.2014) 702,206 79,568 781,774 0 BA#8 (Ordinance #6510, 7.7.2014) 2,189,098 100,000 147,230 2,141,868 BA#9 (Proposed Ordinance #6539) Prepayment of LID #250 for off - street parking improvements. 0 435,300 0 435,300 Interfund loan to Airport Fund for T Hangar Enclosure Project, Resolution No. 5103. 0 0 200,000 (200,000) BA#9 Total 0 435,300 200,000 235,300 evisu g, 9,102,92 8,770,712 4,087,692 Total Resources Expenditures 12,858,404 12,858,404 G61f,Course Debt`Seniice Fund( . ,, 4: +r' °` Beg." Beg: Fund Balance.,",, 2014' . Revenues :' 2014 Expenditures Ending;Fund. Balance 2014 Adopted Budget 0 393,144 393,144 0 BA #6 (Ordinance #6474,12.3.2013) 0 (393,144) (393,144) 0 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) (3,326,679) 0 0 (3,326,679) BA #9 (Proposed Ordinance #6539) Technical adjustment to complete closure of the Golf Course Debt Service Fund 3,326,675 0 (3) 3,326,679 BA#9 Total 3,326,675 0 (3) 3,326,679 Revised , Total Resources / Expenditures (3) (3) C: \Users \emcoske \Desktop \MTG Nov 17- 2014 \Ord 6539 - BA #9 \BA #9 - Sched A and B.xlsx Page 67 of 162 Page 4 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 _ Storm Drainage,FUnd (#432) Beg. Fund Balance.::.' -2014 Revenues 2014 Expenditures -: z� Ending Fund:Balance .; 2014 Adopted Budget 6,299,114 9,295,843 8,530,856 7,064,101 BA #6 (Ordinance #6474,12.3.2013) 4,482,588 (5,501) 4,933,557 (456,470) BA #7 (Ordinance #6502, 3.17.2014) 6,453,350 1,689,400 8,142,750 0 BA #8 (Ordinance #6510, 7.7.2014) (1,472,113) 0 444,842 (1,916,955) BA#9 (Proposed Ordinance #6539) Recognize revenue from Lakehaven Utility District for design services for 0 40.000 0 40,000 the Hi -Crest Storm Pipeline Repair & Replacement Project (CP1109). BA#9Tota1 0 40,000 0 40,000 2014 Revised Budget ; ''., , ." • ' '._ ,', i " "' 15,762,939 ; .:: ,'s , ,11;019,742 _ -: 22,052,005 :. 4;730,677' Total Resources/ Expenditures 26,782,681 26,782,681 Sewer Metro Fund (#433)"x,`: `': +, %S ::; °' Beg. Fund.Batance t" 2014 .Revenues 2014 Expenditures: ' Ending_ F.und:Balance_ 2014 Adopted Budget 0 0 0 0 BA #6 (Ordinance #6474,12.3.2013) 0 15,000,000 15,000,000 0 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 1,826,811 0 0 1,826,811 BA#9 (Proposed Ordinance #6539) Anticipated payments to King County for 2014. 0 0 30.000 (30,000) BA#9 Total 0 0 30,000 (30,000) 2014 Revised Budget " -' "i; = "';.- "; ';,' " -" 1,826,811 ' .'. - 15,000,000 15,030,000 1,796,811 Total Resources / Expenditures 16,826,811 16,826,811 C: \Users \emcoske \Desktop\MTG Nov 17- 2014 \Ord 6539 - BA#9 \BA#9 - Sched A and B.xlsx Page 68 of 162 Page 5 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 Solid.Waste Fund (#434) _: '., " Bed.'Fu nd�Balance Revenues 2014 Expenditures , Ending Fund Balaric'e 2014 Adopted Budget 596,362 12,062,904 12,497,894 161,372 BA #6 (Ordinance #6474,12.3.2013) 0 1,087,595 43,830 1,043,765 BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 908,198 24,000 24,000 908,198 BA#9 (Proposed Ordinance #6539) Anticipated revenues and expenditures from rolloff activity 0 150.000 150,000 0 BA #9 Total 0 150,000 150,000 0 2014 Revised Budget, •: :.1,504,560 „' ' 13,324,499 „ ".., 12,715,724 -" 2,113,336 Total Resources / Expenditures 14,829,059 14,829,059 Airport Fu i...r r . p nd,(#435) -# "" , <,• = ;, ,: : "'> Bal Bed. Fund ance 2014 Reven_ ues '•° ' 2014Ezpenditui'es; '" A867,903 Ending Fund Balance: 2014 Adopted Budget 544,152 808,380 484,629 BA #6 (Ordinance #6474,12.3.2013) 103,000 226,750 333,976 (4,226) BA #7 (Ordinance #6502, 3.17.2014) 7,930 134,256 158,566 (16,380) BA #8 (Ordinance #6510, 7.7.2014) 146,202 286,595 475,679 (42,882) BA#9 (Proposed Ordinance #6539) Interfund loan from Fund 328 to Airport Fund for the Airport T Hangar 0 200,000 200,000 0 Enclosure Project. Resolution No. 5103. 0 BA #9 Total 0 200,000 200,000 0 2014 Revised Budget "' rr 801,284 1,655,981; "- ' 2,036,124 421;141 Total Resources I Expenditures 2,457,265 2,457,265 C: \Users\emcoske \Desktop \MTG Nov 17 -2014 \Ord 6539 - BA #9 \BA #9 - Sched A and B.xlsx Page 69 of 162 Page 6 Schedule A Summary of 2014 Budget Adjustments by Fund Budget Amendment #9 Ordinance No. 6539 i Golf Course Fund (#437) ° °r . , Beg. Fund Balance, 2014: f Revenues 2014 Expenditures-' Ending Fund Balance <' 2014 Adopted Budget 91,134 1,521,430 1,537,577 74,987 BA #6 (Ordinance #6474,12.3.2013) (91,134) (1,521,430) (1,537,577) (74,987) BA #7 (Ordinance #6502, 3.17.2014) 0 0 0 0 BA #8 (Ordinance #6510, 7.7.2014) 8,313,777 0 31,000 8,282,777 BA#9 (Proposed Ordinance #6539) 0 Technical adjustment to complete closure of the Golf Course Fund. (8,164,204) 0 118,573 (8,282,777) BA #9 Total (8,164,204) 0 118,573 (8,282,777) 2014 , Revised.Budget '. :';', ,, 149,573 • •, ? i °. • 0 - ., 149,573 - 0 Total Resources I Expenditures 149,573 149,573 Equipment Rental;F.und'( #550) .,,` .° .`' Y ,-•Be_g -Fund Balance` 2014: Revenues _ 2014:Expenditurest _ Ending Fund, Balance.' 2014 Adopted Budget 3,235,090 2,992,750 4,095,913 2,131,927 BA #6 (Ordinance #6474, 12.3.2013) 0 50,000 80,759 (30,759) BA #7 (Ordinance #6502, 3,17.2014) 861,030 280,000 1,301,340 (160,310) BA #8 (Ordinance #6510, 7.7.2014) 1,824,324 120,000 237,833 1,706,491 BA#9 (Proposed Ordinance #6539) Replace Tractor with John Deere 5075E Cab Model Tractor - Unit 6720C 0 0 58,035 (58,035) Replace Mower with John Deere 1580 Terrain Cut Commercial Mower - Unit 69090 0 0 35,040 (35,040) BA#9 Total 0 0 93,075 (93,075) 20% Revised, Budget ,. "• 5,920,444..:'+ 3,442,750 =- 5,808,920 • -3,554,274 -, Total Resources! Expenditures 9,363,194 9,363,194 T ., : -. . Grand Total'- 'AII.Funds :° Beg.. Fund Balance 2014'- Revenues 2014 Expenditures Ending Fund :Balance 2014 Adopted Budget 59,075,426 153,869,829 164,654,843 48,290,412 BA #6 (Ordinance #6474, 12.3.2013) 17,748,977 5,231,042 20,436,667 2,543,352 BA #7 (Ordinance #6502, 3.17.2014) 18,106,027 9,344,522 31,161,209 (3,710,660) BA #8 (Ordinance #6510, 7.7.2014) 19,716,758 1,042,624 3,123,178 17,636,204 BA#9 Total (4,794,325) 1,544,324 1,569,668 (4,819,669) 2014 Revised Budget. ° - =' :'r` ° .; : _ = :. ' =` • 109,852,863 ,, , ; " ,-171,032;341. 220,945,565 59,939,639 Total Resources f Expenditures 280,885,204 280,885,204 C: \Users \emcoske \Desklop\MTG Nov 17- 2014 \Ord 6539 - BA #9 \BA#9 - Sched A and B.xlsx Page 70 of 162 Page 7 DaPa% 2oCdY of A�bucn F`��ia� Fund sr- hedu \e dluse�tsD 6539 S, Mo ary At^eodmud9 Ordnance N e� Budget Page 1 A 01 A62 P and g x�sx coske \�sktoP�''CG Noy 1?- 254 \Otd G \Users��n oR� e page 8 Schedule B 2014 Appropriations by Fund BA#6'-' 8;�, PA # 2014 Ft6ige&�,�] d Bud un X65'iO)Nl, 6539 General Fund (#001) 58,864,112 10,286,516 124.120 2,043,839 204,428 12,658,903 71,523,015 Arterial Street Fund (#102) 4.706.022 2,065.446 6,835,536 487,665 97,500 9,486,147 14,192,169 Local Street Fund (#103) 1,718,320 493,800 701,060 717,077 - 1,911,937 3,630,257 Hotel Motel Fund (#104) 165,431 - 45.670 45,670 211,101 Arterial Street Preservation Fund (#105) 3,627,660 5,000 623,600 (731,022) (102,422) 3,525,238 Drug Forfeiture Fund (#117) 1,198,768 - - (206,114) - (206,114) 992,654 Housing and Community Development Grant Fund (#119) 495,647 (8.124) (8,124) 487,523 Recreation Trails Fund (#120) 36,691 16 16 36,707 Business Improvement Area Fund (#121) 76,720 - 19,472 19.472 96,192 Cumulative Reserve Fund (#122) 5,703,796 2,000,000 527,332 2,527,332 8,231.128 Mitigation Fees Fund (#124) 3,411,402 1,045,300 2,109,366 3,154,666 6,566,068 1998 Library Fund (#229) 330,354 (46.354) (46,354) 284.000 2010 Annex A&B Bond Debt Fund (#230) 1,696,678 (158) (158) 1,696,520 2010 C&D Local Revitalization Debt Fund (#231) 598,520 (200) (200) 598,320 LID Guarantee Fund (#249) 34,688 (64) - (64) 34,624 LID #250 (#250) 56,762 7 435,300 435,307 492,069 LID #350 (#275) 7,246 10,888 10,888 18,134 Golf Course Debt Service Fund (#237) - 393.144 - - - 393.144 393,144 Municipal Park Construction Fund (#321) 18,496,967 (7,938,269) 1,365,883 151,442 25,000 (6,395,944) 12,101,023 Capital Improvements Fund (#328) 6,111,123 3,241,109 781,774 2,289,098 435,300 6,747.281 12,858,404 Local Revitalization Fund (#330) - - - 559,070 - 559,070 559,070 Golf Course Debt Service Fund (#417) 393,144 (393,144) - (3,326,679) 3,326,675 (393,147) (3) Water Fund (#430) 20,181,730 5,045,654 4.193,683 (605.674) 8,633,663 28,815,393 Sewer Fund (#431) 29,135,418 (14,006,575) 2,302,627 3,073,453 (8,630,495) 20,504,923 Storm Drainage Fund (#432) 15,594,957 4,477,087 8,142,750 (1,472,113) 40,000 11.187,724 26,782,681 Sewer Metro Fund (#433) - 15,000.000 - 1,826,811 - 16,826,811 16,826,811 Solid Waste Fund (#434) 12,659,266 1,087,595 - 932,198 150,000 2,169,793 14,829,059 Airport Fund (9435) 1,352,532 329,750 142.186 432,797 200,000 1,104.733 2.457,265 Cemetery Fund (#436) 1,107,862 127,200 - 203,082 - 330,282 1,438,144 Golf Course Fund (#437) 1,612,564 (1,612,564) 8,313,777 (8,164,204) (1,462.991) 149,573 Insurance Fund (#501) 1,784,479 - 33,252 33.252 1,817,731 Workers Compensation Self Insurance Fund (#503) - 840,000 - - 840,000 840,000 Facilities Fund (#505) 4,404,503 17,675 298,300 756,209 1,072,184 5,476,687 Innovation and Technology Fund (#518) 6,911,696 210,295 798,000 721,742 1,730,037 8,641,733 Equipment Rental Fund (#550) 6,227,840 50,000 1,141,030 1,944,324 3,135,354 9,363,194 Fire Pension Fund (#611) 2,555,786 231,000 (35,795)1 195,205 2,750,991 Cemetery Endowment Fund (#701) 1,686,571 (16,000) (6.907 1,663,664 ,ttr, ';-'-,�(3,2, '6o i jT 12,945;255, 450'549 - -�� .' 4,*; �', 2 8 SO,^ November 2014 Prepared by City of Auburn Finan l Planning Department page I ORD.B Page 72, of 162 'Alu,BURN VVAS I � I N G "i'(') N' Agenda Subject: Resolution No. 5110 Department: Police AGENDA BILL APPROVAL FORM Attachments: Administrative Recommendation: Background Summary: Date: November 17, 2014 Budget Impact: $0 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 RES.A AUBURN * MORE THAN YOU IMAGINED Page 73 of 162 bond measure to provide for this new emergency radio system. Approval by the city of 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 Staff: Heid Meeting Date: December 1, 2014 Item Number: RES.A RES.A AUBURN * MORE THAN YOU IMAGINED Page 74 of 162 RESOLUTION NO. 51 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 strategies for 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 Resolution No. 5110 November 17, 2014 RE �/ ge 1 of 3 Page 75 of 162 the new entity will undertake the ownership, operations, maintenance, management and on -going upgrading /replacing of the PSERN System; and WHEREAS, there are still issues that need to be addressed by the parties, to assure that the new system fully meets the needs of the parties and of the end - users, consistent with the terms already defined. 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 ( PSERN) entity and to provide for 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. Exhibit "A" [Puget Sound Emergency Radio Network Implementation Period Interlocal Cooperation Agreement] with its attachments is close to final form for the initial creation and establishment of the new emergency radio system. Exhibit "B" [Puget Sound Emergency Radio Network Operator Interlocal Cooperation Agreement] provides the basic format for the operation of the new emergency radio system but still has issues that need to be more fully vetted, including issues such as indemnification, discrimination and employment, and leaving other details for a future agreement or agreements or for PSERN Board by -laws. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5110 November 17, 2014 RE �/ ge 2 of 3 Page 76 of 162 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: NANCY BACKUS, MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5110 November 17, 2014 RE �/ ge 3 of 3 Page 77 of 162 EXHIBIT A PUGET SOUND EMERGENCY RADIO NETWORK IMPLEMENTATION PERIOD INTERLOCAL COOPERATION AGREEMENT RES.A Page 78 of 162 TABLE OF CONTENTS 1.0 Rules of Construction and Definitions ................................. ..............................4 1 2.0 Duration of Agreement ........................................................ ..............................7 2 3.0 The Parties' Responsibilities ............................................... ..............................7 3 4.0 Joint Board ......................................................................... ..............................8 4 5.0 PSERN System Implementation ........................................ .............................13 5 6.0 Dispatch Center Equipment Implementation ...................... .............................17 6 7.0 Subscriber Radio Equipment Implementation .................... .............................18 8.0 PSERN Project Budget for Implementation Period ............. .............................19 9.0 Transfer of System for Operations Period ........................ ............................... 22 10.0 Operations and Maintenance Pending Transfer ................. .............................23 11.0 Intellectual Property, Confidential Information and Records ............................23 12.0 Force Majeure ................................................................... .............................25 13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party ......25 14.0 Legal Relations .................................................................. .............................26 15.0 General .............................................................................. .............................27 EXHIBITS 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 PA RES.A Page 79 of 162 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 corporation 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 general provisions for governance of the new non - profit corporation, referred to herein as the "PSERN Operator ", that will be created by the Parties and be responsible for the ownership, operations, maintenance, and on -going upgrading /replacing of the PSERN System during its anticipated useful life. RES.A Page 80 of 162 TERMS AND CONDITIONS OF AGREEMENT 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. all RES.A Page 81 of 162 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. 1.1.12 The Parties agree that if any provision of this Agreement conflicts with a provision of the Emergency Radio Communications System Interlocal Cooperation Agreement such that the conflicting provisions cannot be harmonized, the provisions of this Agreement shall prevail. 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 Interlocal 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 the PSERN System; (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 the PSERN System 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. RES.A Page 82 of 162 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 the PSERN System after FSA. 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 and to fund the System Transition Stabilization Plan described at Section 8.8 of this Agreement. 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. 1.2.21 Project Director means the County employee assigned to lead Project activities. 1.2.22 PSERN means the Puget Sound Emergency Radio Network. 1.2.23 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. 1.2.24 PSERN Operations Period ILA (or Operations Period ILA) means the interlocal cooperation agreement entered into by the Parties to establish the 11 RES.A Page 83 of 162 terms under which the PSERN Operator will own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 1.2.25 PSERN Operator means the new entity formed pursuant Section 9.1 of this Agreement to own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 1.2.26 PSERN Project (see "Project "). 1.2.27 PSERN System or System means all the elements constituting the PSERN System, excluding Subscriber Radios unless the context indicates inclusion. 1.2.28 Representative means a person appointed by an Appointing Party(ies) to serve on the Joint Board. 1.2.29 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. 1.2.30 User Agency means an entity that uses the PSERN System under a valid User Agency Agreement for its employees' radio communications. 1.2.31 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. 1.2.32 ValleyCom means the Valley Communications Center. 1.2.33 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 RES.A Page 84 of 162 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. 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. Ej RES.A Page 85 of 162 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 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 establishing 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 RES.A Page 86 of 162 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; 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; 10 RES.A Page 87 of 162 "M 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 agreements between the County and 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. 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 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 11 RES.A Page 88 of 162 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 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. 12 RES.A Page 89 of 162 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; 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 Radios. The County will transfer said ownership to the new PSERN Operator formed in accordance with Section 9. 13 RES.A Page 90 of 162 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. 5.3.6 In the event the Project is not funded by a voter approved measure prior to January 1, 2018, and this Agreement terminates on January 1, 2018, all leases and agreements entered into pursuant to this Section 5.3 shall also terminate on 14 RES.A Page 91 of 162 January 1, 2018 unless otherwise agreed to by the parties to the lease or agreement. 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 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, and including any successor frequencies under re- banding. 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 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 15 RES.A Page 92 of 162 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; 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 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. 16 RES.A Page 93 of 162 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 Neither the County nor the PSERN Operator may deny consoles or console service to any Dispatch Center. As a condition of using said new equipment and the PSERN System, each Dispatch Center shall enter into a Dispatch Center Agreement with the County or the PSERN Operator. The County and the PSERN Operator shall make consoles and console service available to each Dispatch Center on substantially similar terms and conditions. The Dispatch Center Agreement shall include, among others terms, the following: 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. 17 RES.A Page 94 of 162 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 within the same fiscal year that the Subscriber Radios are put into service. 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 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 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: 18 RES.A Page 95 of 162 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; 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. 19 RES.A Page 96 of 162 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. 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 8.3 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 20 RES.A Page 97 of 162 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 all PSERN System - related activities contemplated or required under this Agreement, including: 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. 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 21 RES.A Page 98 of 162 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 $ 2,619,406.00, the purpose of which shall be to reduce and phase in the impact of increased console and radio 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. 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 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. 22 RES.A Page 99 of 162 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 at Exhibit 4, 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 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 23 RES.A Page 100 of 162 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 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. 24 RES.A Page 101 of 162 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 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. 25 RES.A Page 102 of 162 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 26 RES.A Page 103 of 162 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. 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. 27 RES.A Page 104 of 162 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 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. 28 RES.A Page 105 of 162 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 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. 29 RES.A Page 106 of 162 IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the spaces provided below. KING COUNTY Name Title Date Approved as to Form: Deputy Prosecuting Attorney CITY OF BELLEVUE Name Title Date Attest: City Clerk Approved as to Form: City Attorney 30 CITY OF AUBURN Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF FEDERAL WAY Name Title Date Attest: City Clerk Approved as to Form: City Attorney RES.A Page 107 of 162 CITY OF ISSAQUAH Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF KIRKLAND Name Title Date Attest: City Clerk Approved as to Form: City Attorney 31 CITY OF KENT Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF MERCER ISLAND Name Title Date Attest: City Clerk Approved as to Form: City Attorney RES.A Page 108 of 162 CITY OF REDMOND Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF SEATTLE Name Title Date Attest: City Clerk Approved as to Form: City Attorney 32 CITY OF RENTON Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF TUKWILA Name Title Date Attest: City Clerk Approved as to Form: City Attorney RES.A Page 109 of 162 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 the PSERN System 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 System - 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; RES.A Page 110 of 162 i. Coordinating communications between contractors and the owners of sites and facilities at which PSERN System equipment will be located or current equipment will be removed; j. Coordinating communications between contractors and the owners of vehicles in which PSERN System 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 the PSERN System. 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 System - 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.A Page 111 of 162 6.0 Conditions on Participation in Procurement and Contract Administration Activities The Project Director may require, as a condition of participating in the PSERN System 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 System 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.A Page 112 of 162 Exhibit 2 List of Party Owned /Controlled Sites King County Sites Seattle Sites Valleycom Sites EPSCA Sites Clearview Apple Cove Cambridge Education Hill Crista Capitol Hill McDonald Peak Norway Hill Federal Way Northeast Skyway West Tiger Mountain Grass Mountain West Seattle PSAP King County Regional Justice Center Harborview Medical Center Seattle Fire Department Kent Sites Redmond Sites King County Courthouse Seattle Public Utilities Cambridge Education Hill King County Jail Sound Transit OMF DISPATCH UW Police Department King County Regional Justice Center Valleycom PSAP Bellevue Sites Marysville Water Tank Bellevue Fire Station 9 Rattlesnake Mountain Ring Hill Snoqualmie Pass Sobieski Mountain Squak Mountain Top Hat View Park Participating PSAP'S and Dispatch Locations Bothell Police Department PSAP Enumclaw Police Department PSAP Harborview Medical Center DISPATCH Issaquah Police Department PSAP King County Courthouse DISPATCH King County Jail DISPATCH NORCOM 911 PSAP King County RCECC PSAP Redmond Police Department PSAP King County Regional Justice Center DISPATCH Seattle Fire Department PSAP Seattle Police Department PSAP Seattle Public Utilities DISPATCH Sound Transit LCC DISPATCH Sound Transit OMF DISPATCH UW Police Department PSAP Valleycom PSAP King County Youth Service Center DISPATCH END OF EXHIBIT 2. RES.A Page 113 of 162 Exhibit 3 List of Frequencies Seattle EPSCA Valleycom 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 867.4375 822.4375 867.8375 822.8375 867.8625 822.8625 868.4250 823.4250 868.4500 823.4500 866.5125 821.5125 1 RES.A Page 114 of 162 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 E RES.A Page 115 of 162 END OF EXHIBIT 3. 3 RES.A Page 116 of 162 King Seattle EPSCA Valleycom 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 END OF EXHIBIT 3. 3 RES.A Page 116 of 162 Exhibit 4 Cost Allocation Model For the first year of PSERN System operation, rates to be paid by each User Agency and Dispatch Center will be computed as provided in this Exhibit 4. The PSERN System annual operating budget and the number of public safety radios, other radios, and consoles will be known quantities at the time the rates are computed. Division of Budget Between Radios and Consoles Percentage of annual budget to be paid with radio user fees = X. Percentage of annual budget to be paid with console user fees = Y. X = [83% of employee - related costs in the PSERN annual operating budget + annual vendor costs for radio - related equipment] / PSERN annual operating budget x 100. Y = [17% of employee - related costs in the PSERN annual operating budget + annual vendor costs for console - related equipment] / PSERN annual operating budget x 100. Public Safety and Other Radio Rates X% of the PSERN System annual operating budget will be paid with public safety radio rates and other radio rates combined. The other radio rate shall be 78% of the public safety radio rate. X% of PSERN annual operating budget = [12 x the monthly public safety radio rate x the number of public safety radios] + [12 x the monthly other radio rate x the number of other radios]. Console Rates Y% of the PSERN System annual operating budget will be paid with console rates. Y% of PSERN annual operating budget = 12 x the monthly console rate x the number of consoles. END OF EXHIBIT 4. RES.A Page 117 of 162 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 1 RES.A Page 118 of 162 EPSCA Federal Way Public Schools Harborview Medical Center Highline School District Issaquah School District Kent Fire Authority Seattle Public Schools Veterans Administration Seattle Colleges (formerly Seattle Community College District) Airlift Northwest Emergency Service Patrol Seattle Housing Authority Washington Poison Control Center END OF EXHIBIT 5. Tahoma School District University of Washington Valley Communications Center Valley Regional Fire Authority Valley View Sewer District RES.A Page 119 of 162 Exhibit 6 Contact Information Kinq County: Chief Information Officer King County Department of Information Technology (KCIT) Chinook Building 401 Fifth Avenue Seattle, WA 98104 (206) 263 -7887 City of Auburn: Mayor City of Auburn 25 West Main Street Auburn, WA 98001 (253) 931 -3041 City of Bellevue: Mayor City of Bellevue 450 110th Avenue NE P.O. Box 90012 Bellevue, WA 98009 (425) 452 -7810 City of Federal Way: Mayor City of Federal Way 333258 th Avenue South Federal Way, WA 98003 (253) 835 -7000 City of Issaquah: Mayor City of Issaquah 130 East Sunset Way P.O. Box 1307 Issaquah, WA 98027 (425) 837 -3020 City of Kent: Mayor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856 -5700 END OF EXHIBIT 6. City of Kirkland: Mayor City of Kirkland 1235 th Avenue Kirkland, WA 98033 (425) 587 -3001 City of Mercer Island: Mayor City of Mercer Island 9611 SE 36th Street Mercer Island, WA 98040 (206) 275 -7993 City of Redmond: Mayor City of Redmond 15670 NE 85th Street P.O. Box 97010 Redmond, WA 98073 (425) 556 -2101 City of Renton: Mayor City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430 -6500 City of Seattle: Mayor City of Seattle 7th Floor, 600 Fourth Avenue Seattle, WA 98124 (206) 684 -4000 City of Tukwila: Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1850 RES.A Page 120 of 162 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.A Page 121 of 162 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 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 2 RES.A Page 122 of 162 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. I WtIIIIIIIIIIIIIIIIIIIIII 00 iti1[iC 111 Words and terms shall be given their ordinary and usual meanings except that the following terms are defined for this Agreement as follows: "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 3 RES.A Page 123 of 162 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.A Page 124 of 162 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 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 5 RES.A Page 125 of 162 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 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 6 RES.A Page 126 of 162 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 7 RES.A Page 127 of 162 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 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 8 RES.A Page 128 of 162 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. 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 9 RES.A Page 129 of 162 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.A Page 130 of 162 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. �IIPMITCa'ililiMTMe , 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.A Page 131 of 162 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.A Page 132 of 162 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.A Page 133 of 162 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 Legal Relations Section 10 Public Records Section 11.13 Choice of Law; Venue 11.16 Counterparts Page 14 RES.A Page 134 of 162 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 Name Title Date Attest: Clerk Approved as to Form: Deputy Prosecuting Attorney CITY OF BELLEVUE Name Title Date Attest: City Clerk Page 15 RES.A CITY OF AUBURN Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney CITY OF FEDERAL WAY Name Title_ Date Attest: City Clerk Page 135 of 162 Approved as to Form: City Attorney CITY OF ISSAQUAH Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF KIRKLAND Name Title Date Attest: City Clerk Approved as to Form: City Attorney Page 16 RES.A Approved as to Form: City Attorney CITY OF KENT Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney CITY OF MERCER ISLAND Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney Page 136 of 162 CITY OF REDMOND Name Title Date Attest: City Clerk Approved as to Form: City Attorney CITY OF SEATTLE Name Title Date Attest: City Clerk Approved as to Form: City Attorney Page 17 RES.A CITY OF RENTON Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney CITY OF TUKWILA Name Title_ Date Attest: City Clerk Approved as to Form: City Attorney Page 137 of 162 'Alu,BURN VVA,S p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Study Sessions - Finance Items November 20, 2014 Department: Attachments: Budget Impact: Finance List $0 Administrative Recommendation: For review and discussion only. Background Summary: Attached is a list of Finance related items for consideration for the study sessions in the upcoming year and beyond. Reviewed by Council Committees: Finance Councilmember: Wales Staff: Coleman Meeting Date: December 1, 2014 Item Number: DI.A DI.A AUBURN * MORE THAN YOU IMAGINED Page 138 of 162 Items for Consideration at Study Sessions 0 Adoption of the budget and subsequent amendments to the budget; • Quarterly financial report; • Annual property tax levy; • All tax issues- property, sales tax, utility taxes, gaming taxes ect.; • All State shared revenues issues- SST (streamlines sales tax), liquor excise tax, liquor profits, high crime etc; • Actuarial studies on fire pension; • City paid benefits - increases, decreases including medical, retirement, or any other change in city benefits (note that within the next few years there will be discussion on the medical benefit plan due to the new federal health care law); • Annual resolution (January /February for March 1 submittal) for annexation sales tax credit; • Annual ordinance (January /February for March 1 submittal) for local revitalization sales tax credit for bond payments; 0 Interfund loans; • Banking agreements including business banking, investments, credit cards, and procurement cards; • Interagency agreements for information /technology /financial services /administration /etc; 0 Labor contracts; compensation; DI.A Page 139 of 162 'Alu,BURN VVAS I � I N G "i'(') N1 AGENDA BILL APPROVAL FORM Agenda Subject: Date: VADIS Service Agreement AG -S -080 November 24, 2014 Department: Attachments: Budget Impact: Finance Agr $0 Administrative Recommendation: City Council review and approve 2015 -2016 Service Agreement No. AG -S -080 with Vadis. Background Summary: AG -S -080 is a bi- annual service agreement between the City of Auburn and Vadis for a litter control program, beginning January 1, 2015, and ending December 31, 2016. This agreement also includes a recycling pickup program that runs from April to September of each year. The City's current agreement with Vadis is valid through December 31, 2014. The fees for services under this agreement shall not exceed $155,688.00 in 2015 and $159,582.00 in 2016. Vadis is a non - profit corporation that develops employment opportunities for individuals with disabilities. Each litter crew is made up of five specially challenged individuals and a crew supervisor who collect trash and debris along City traveled ways. The contract has been renewed annually since 1991. Vadis Litter Crew Accomplishments: 1) Annually, the litter crews remove 5,000 bags of litter from City traveled ways. 2) The litter crews maintain approximately 85 waste receptacles, 10 ash receptacles (for cigarette butts), and 45 recycling receptacles in the City. 3) The recycling crew maintains 105 recycling containers at the City Parks. 4) The litter crews respond to calls on illegal dumping 3 - 4 times per week. 5) The litter crews also fill sandbags as needed. Reviewed by Council Committees: Finance, Municipal Services Councilmember: Peloza Staff: Coleman Meeting Date: December 1, 2014 Item Number: DI.B DI.B AUBURN * MORE THAN YOU IMAGINED Page 140 of 162 DI.B AUBURN * MORE THAN YOU IMAGINED Page 141 of 162 CITY OF AUBURN AGREEMENT FOR SERVICES AG -S -080 THIS AGREEMENT made and entered into on this day of , 2014 . by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and Vadis, 1701 Elm Street, Sumner WA 983907 hereinafter referred to as the "Provider." WI TNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in its litter control and recycling program and is in need of services of individuals, employees or firms for litter control and recycling work; and, WHEREAS, the City desires to retain the Provider to provide certain services in connection with the City's work related to litter control and recycling; and, WHEREAS, the Provider is qualified and able to provide services in connection with the City's needs for the above - described work, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services The Provider agrees to perform in a good and professional manner the tasks described on Exhibit "A" which is attached hereto and incorporated herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services. ") The Provider shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services From time to time hereafter, the parties hereto may agree to the performance by the Provider of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the respective parties prior to the Provider's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an Amendment (agreement for additional services), such Amendment shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Amendment were a part of this Agreement as originally executed. The performance of services pursuant to an Amendment shall be subject to the terms and conditions of this Agreement except where the Amendment provides to the contrary, in which case the terms and conditions of any such Amendment shall control. In all other respects, any Amendment shall supplement and be construed in accordance with the terms and conditions of this Agreement. AG -S -080 DI Xis Page 142 of 162 age 1 of 7 3. Performance of Additional Services Prior to Execution of an Amendment The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for the completion of such services makes the execution of Amendment impractical prior to the commencement of the Provider's performance of the requested services. The Provider hereby agrees that it shall perform such services upon the written request of an authorized representative of the City pending execution of an Amendment, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 8 of this Agreement. 4. Provider's Representations The Provider hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Responsibilities The City shall do the following in a timely manner so as not to delay the services of the Provider: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Provider with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Provider to perform the services provided for herein. Specific responsibilities of the City are set forth in Exhibit B, which is attached hereto and by this reference made a part of this agreement. 6. Provider's Responsibilities Specific responsibilities of the Provider are set forth in Exhibit B, which is attached hereto and by this reference made a part of this agreement. 7. Acceptable Standards The Provider shall be responsible to provide, in connection with the services contemplated in this Agreement, work products and services of a quality and professional standard acceptable to the City. 8. Compensation As compensation for the Provider's performance of the services provided for herein, the City shall pay the Provider the fees and costs specified on Exhibit "C" attached hereto and made a part hereof (or as specified in an Amendment). The Provider shall submit to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing /claim cycle following receipt of the invoice or statement, and shall remit payment to the Provider thereafter in the normal course, subject to any AG -S -080 DI Xis Page 143 of 162 age 2 of 7 conditions or provisions in this Agreement or Amendment. The Agreement number must appear on all invoices submitted. 9. Time for Performance and Term of Agreement The Provider shall not begin any work under this Agreement until authorized in writing by the City. The Provider shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall terminate on December 31, 2016. 10. Ownership and Use of Documents All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Provider as part of his performance of this Agreement (the "Work Products ") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 11. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 12. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the Provider shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13. Administration of Agreement This Agreement shall be administered by Wayne Perrault, on behalf of the Provider, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Joan Nelson Solid Waste & Recycling Supervisor 25 W Main St Auburn, WA 98001 -4998 Phone: 253 - 876 -1900 E -mail: jenelson @auburnwa.gov VADIS Mary Bushnell Group Employment Manager 1701 Elm Street Sumner, WA 98390 Fax: 253 - 863 -2040 E -mail: mary@vadis.org 14. Notices All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, AG -S -080 Xis DI. age 3 of 7 Page 144 of 162 return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change his, her or its address by giving notice in writing, stating his, her or its new address, to the other party, pursuant to the procedure set forth above. 15. Insurance The Provider shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. Insurance is to be placed with authorized insurers in Washington State with a current A.M. Best rating of not less than A- VI I. The Provider shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Provider shall take out and maintain in full force and effect the following insurance policies: a. Automobile Liability insurance, covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Provider shall maintain automobile insurance with minimum combined single limit for bodily injury and property damage of $1,000,000.00 per accident. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000.00 each occurrence, $2,000,000.00 general aggregate, and a $2,000,000.00 products - completed operations aggregate limit. c. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 16. Indemnification The Provider shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Provider, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and /or any of AG -S -080 DI Xis Page 145 of 162 age 4 of 7 them, or jointly against the City and the Provider and their respective officers, agents and employees, or any of them, the Provider shall satisfy the same to the extent that such judgment was due to the Provider's negligent acts or omissions. 17. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 18. Nondiscrimination The Provider may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 19. Amendment. Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 20. Termination and Suspension Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Provider if the services provided for herein are no longer needed from the Provider. If this Agreement is terminated through no fault of the Provider, the Provider shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "C" hereof. 21. Parties in Interest This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship AG -S -080 DI Xis Page 146 of 162 age 5 of 7 with or exist for the benefit of any third party, including contractors, sub - contractors and their sureties. 22. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 23. Applicable Law This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Provider of the services. 24. Captions. Headings and Titles All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 25. Severable Provisions Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 26. Entire Agreement This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 27. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. AG -S -080 DI Xis Page 147 of 162 age 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Nancy Backus, Mayor Attest: Danielle Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney VADIS Signature Name: Title: Signature Name- Title- AG-S-080 DI Xis Page 148 of 162 age 7 of 7 *:�:I1:1IN r_l SCOPE OF WORK The purpose of this Agreement is to contract with the Provider, a non - profit corporation that develops employment for individuals with disabilities, on a two -year clean -up program for the Solid Waste Division. Litter Crew The Provider's Litter Crew shall perform the following: A. Specific Tasks The Provider's Litter Crew will collect and remove litter, trash, and debris from the shoulders of City traveled ways (including but not limited to streets, roads, alleys, paths, and parkways), public parking lots, and other designated areas. An additional supervisor, possessing a "Traffic Control Flagging License" certified by the State of Washington, will perform flagging on the busy streets such as Howard Road, Kersey Way, and Auburn Way South. This additional supervisor will be available two days per month. B. Examination of Work Sites The Provider shall examine all work sites thoroughly before commencing work at the site. It shall be the responsibility of the Provider to verify all the duties, assignments, and job sites. All existing conditions at the job site will be noted and copies with verification noted, given to the City's Solid Waste and Recycling Supervisor on a daily basis. C. Hours • The Provider shall perform tasks to completion between the hours of 8:00 AM and 3:30 PM Monday through Friday. • The Provider shall recognize the same observed holidays as the City with the exception of Veteran's Day. The Provider shall observe Christmas Eve in lieu of Veteran's Day. • The Provider will also take two (2) Floating Holidays per year for staff training. Hill Litter Crew The Provider's Hill Litter Crew shall perform the following: A. Specific Tasks The Provider's Hill Litter Crew shall perform tasks similar to the Litter Crew, but in the Lea Hill and /or West Hill area(s) for a total of 15 hours per week. The Provider will have an additional supervisor, possessing a "Traffic Control Flagging License" certificate by the State of Washington, perform flagging on busy streets such as Lea Hill Rd SE and SE 320th St one day per month. B. Hours The Provider's Hill Litter Crew shall perform tasks to completion between the hours of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday. AG -S -080 Exhibit A DI.B Page 1 of 2 Page 149 of 162 Recycling Crew The Provider's Recycling Crew shall perform the following: A. Specific Tasks The Provider's Recycling Crew shall collect recyclables from the City -owned recycling receptacles and maintain the recycling receptacles in the City of Auburn Parks for a total of 15 hours per week from April to September. The Recycling Crew will be supervised and will bring a second Provider vehicle. =M: [0=1 The Provider's Recycling Crew shall perform tasks to completion between the hours of 8:00 AM and 3:30 PM on three days of the week, Monday through Friday. AG -S -080 Exhibit A DI.B Page 2 of 2 Page 150 of 162 1 *: /:11 :lkd :l RESPONSIBILITIES PROVIDER The Provider shall be responsible for the following: 1. The performance and accomplishment of tasks and work assigned in accordance with paragraph 2 below. 2. The performance of all work as provided in this Agreement with its own employees. Individuals who perform work under this Agreement must be carried on the Provider's payroll. The Provider is responsible for administering and paying employee wages, benefits, and all other employee - related costs. Although the Provider's company headquarters may be located outside of Auburn, Washington, the Provider shall provide a full -time supervisor in the Auburn geographical area who will continuously oversee the Provider's employee work and will have authority to represent the Provider in the day -to -day activities. The Provider supervisor must be trained in traffic control and must possess a "Traffic Control Flagging License" certified by the State of Washington. The Provider will present the supervisor's name, address, and telephone number to the City's Solid Waste and Recycling Supervisor at the beginning of the contract period. 3. The Provider is responsible for the security of facilities where assigned tasks are performed as well as tools, equipment, safety gear, traffic control devices, and any other items which may be supplied by the City for the Provider's use in the performance of contracted duties. No equipment or supplies will be removed from City premises except as required for the performance of assigned duties. 4. The Provider shall supply the City with a quality control system acceptable to the City within ten days of the date of the Agreement. The quality control system shall be a plan specifying how the Provider will accomplish maintaining the level of performance required under this Agreement. Quality control statements shall be provided to the City's Solid Waste and Recycling Supervisor on a monthly basis. 5. The Provider shall supply a motor vehicle to transport its employees to and from the designated work sites. The Provider's vehicle shall be well identified with signs and equipped with safety warning lights, strobe light, and emergency flashers. 6. The Provider shall supply rain gear, foul weather gear, footwear as required, and clothing as needed for its employees. AG -S -080 Exhibit B DI.B Page 1 of 2 Page 151 of 162 7. The Provider shall follow accepted safety practices in the performance of all work. After every work shift of litter clean -up and other assigned tasks and services the following shall be done: the work areas shall be inspected for fire hazards; electrical or power machines and /or equipment shall be turned off; outside doors and windows closed and locked; gates closed and locked and all miscellaneous work tools and equipment shall be inspected and put away. CITY The City shall be responsible for the following: 1. The City shall supply litter bags to the Provider for its use in the collection of litter, trash, and debris. 2. The City shall supply traffic control devices, e.g., signs and traffic cones to the Provider so the Provider can place the traffic devices at work site(s) to protect its employees while performing services under this Agreement. The City shall also provide hard hats and reflective traffic vests. 3. The City shall supply the Provider with all grounds maintenance equipment and hand tools for performing outside grounds maintenance duties under this Agreement. 4. The City shall supply the Provider and its Auburn supervisor a copy of the daily work schedule and any change notices to use as a basic guide for the distribution of work each week. The work schedule may be changed as deemed appropriate by the City and a copy of such changes provided to the Provider and the City. The City shall determine the priority of the various assignments. The City shall verify that all services are satisfactorily performed as scheduled. AG -S -080 Exhibit B DI.B Page 2 of 2 Page 152 of 162 EXHIBIT C FEE SCHEDULE 2015 Fee Schedule Not -To- Exceed Monthly Fee # of Months Amount Litter Crew $7,543.00 12 $ 90,516.00 Hill Litter Crew $3,735.00 12 $ 44,820.00 Recycling Crew $3,392.00 6 $ 20,352.00 Total Not To Exceed Amount $ 155,688.00 2016 Fee Schedule Litter Crew Hill Litter Crew Recycling Crew Monthly Fee $7,732.00 $3,828.00 $3,477.00 Total Not To Exceed Amount AG -S -080 Exhibit C D1.13 Page 1 of 1 # of Months 12 12 6 Not -To- Exceed Amount $ 92,784.00 $ 45,936.00 $ 20.862.00 Page 153 of 162 C i..i,y C�1: VVAS p � I N G "i'( AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6543 November 25, 2014 Department: Attachments: Budget Impact: City Attorney Ordinance 65 $0 Administrative Recommendation: City Council adopt Ordinance No. 6543. Background Summary: Ordinance No. 6535, adopted on September 15, 2014, made some changes to Chapter 10.36 of the Auburn City Code in connection with the City of Auburn Comprehensive Downtown Parking Management Plan (CDPMP), employing short - term, mid -term and long -term parking management strategies. Among the strategies was a change in Chapter 10.36 of the Auburn City Code to allow administrative changes to time and parking within the Downtown Auburn Business District. As a follow -up to the changes in the city code resulting from Ordinance No. 6535, it is appropriate to clarify the application of penalty provisions for parking code violations related to Section 10.36.060 of the Auburn City Code, one of the sections changed with the adoption of Ordinance No. 6535. Reviewed by Council Committees: Municipal Services, Public Works Councilmember: Peloza Staff: Heid Meeting Date: December 1, 2014 Item Number: DI.0 DI.0 AUBURN * MORE THAN YOU IMAGINED Page 154 of 162 ORDINANCE NO.6 5 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 10.36.270 OF THE AUBURN CITY CODE RELATED TO PARKING RESTRICTIONS WHEREAS, the City of Auburn regulates timed parking within certain areas of the City, particularly Downtown Auburn; and WHEREAS, parking restrictions are outlined in Chapter 10.36 of the Auburn City Code; and WHEREAS, within the CDPMP several short term, mid term, and long term parking management strategies were identified and the first strategy being addressed is modifying Auburn City Code Chapter 10.36 to allow administratively changes to timed parking within Downtown Auburn, and WHEREAS, the Public Works Committee of City Council reviewed the proposed amendments to Auburn City Code Chapter 10.36 at its September 15, 2014 meeting; and WHEREAS, it is appropriate to address the penalty for the parking violations included in Ordinance No. 6535 with the amendment of Section 10.36.060 of the City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WAS.H.INGTON, DO ORDAIN as follows: Section.9. Amend ment.to City Code. That Section 10.36.270 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6543 October 14, 2014 Page 1 of 5 DI.0 Page 155 of 162 10.36.270 Prohibited parking places. A. Except when necessary to avoid conflict with other traffic or to comply with other provisions of this code or with the direction of a police officer or traffic - control sign or signal, it is unlawful for the operator of a vehicle to stop, stand, park or angle park such vehicle in or on any of the following places: 1. Within an intersection area; 2. Within 20 feet of an uncontrolled intersection; 3. Within 30 feet of an intersection controlled by a stop sign, yield sign, or traffic - control signal; 4. On a crosswalk or within 20 feet of a crosswalk, whether marked or unmarked; 5. In front of or within 50 feet of the driveway entrance to any fire or police station or within any marked area contiguous to such driveway, when properly signed; 6. In front of or within a fire or emergency service access or an area signed for other safety access purposes; 7. In front of or within 15 feet of a fire hydrant; 8. Within any space marked as a fire lane; 9. In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto; 10. On a sidewalk, pedestrian path, or landscape strip. However, parking shall be permitted on landscape strips subject to the maintenance requirements contained in ACC 10.36.215, and where the landscape strip is eight feet or greater in width between the curb and the sidewalk or the edge of right -of -way if there is no sidewalk, the adjacent curb is mountable, and the parked vehicle does not obstruct the use of the traveled way or sidewalk; 11. Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic; 12. In any alley, except that trucks or delivery vehicles may park or angle park in alleys for such time, not in excess of 30 minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pickup of articles or materials, unless otherwise restricted by this chapter; 13. Upon any bridge, overpass, underpass, trestle, or approaches thereto; 14. On that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door or any other place adjacent to, or any door opening in any outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall or other place of public assembly through which the public must pass to leave such building, while such building is being utilized for public gatherings; and it shall be incumbent upon and the duty of the owner or agent of the property used for the purpose herein .specified to designate such prohibited areas by the placement of stanchions or signs or curb markings of the form and type satisfactory to the city engineer; 15. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; Ordinance No. 6543 October 14, 2014 Page 2 of 5 DI.0 Page 156 of 162 16. At any place where official traffic signs have been erected at the direction of the city engineer prohibiting parking and/or angle Barking, either at all times or at such times as are indicated upon signage giving notice thereof; 17. Outside of the limits of the individual parking spaces (stalls) designated for vehicular on- street parking; 18. Within 30 feet of the nearest rail of a railroad crossing; 19. At any place where all official signs prohibit stopping; 20. Within traffic lanes that are less than 18 feet wide on arterial and collector roadways, as designated in the comprehensive transportation plan, except when authorized by sign; 21. Within median lanes in the traveled way; 22. Within roadway shoulders that are less than eight feet wide; 23. Within marked bicycle lanes; 24. Upon any street or public way for the principal purposes of displaying the vehicles for sale or for advertising services for vehicles; 25. Upon any street or public way for the purpose of doing any work on, maintaining or repairing any vehicle except for repairs necessitated by an emergency; 26. Within any street -side drainage ditch or drainage swale; 27. Where prohibited by signage; er 28. Adjacent to a traffic island; or 29. Any ovetime parkinq or other parking restrictions designated in accordance with Section 10.36.060 of the City Code. B. No person shall move a vehicle not owned by him into any such prohibited area or away from a curb such distance as is unlawful. C. If any person wishes a different parking restriction sign placement or a different time parameter for any parking restrictions under this section, said person may forward such request to the city engineer. For review, the city engineer shall consult With community development and police. D. Violation — Penalty. Any person who violates this section has committed an infraction and, except for those subsections set forth in Table 270 -1, shall pay a fine of $30.00 within 15 days from the date of issuance of a notice of violation or of $40.00 if paid after the fifteenth day from issuance of the notice. Any person who violates any of the subsections listed in Table 270 -1 shall pay a fine as set forth in that table. Subsection 10.36.270(A)(1) 10.36.270(A)(2) 10.36.270(A)(3) 10.36.270(A)(7) 10.36.270(A)(8) Ordinance No. 6543 October 14, 2014 Page 3 of 5 Table 270 -1 If paid within 15 days $40.00 $40.00 $40.00 $50.00 $50.00 If paid after 15th day $50.00 $50.00 $50.00 $60.00 $60.00 DI.0 Page 157 of 162 10.36.270(A)(10) $40.00 $50.00 10.36.270(A)(16) $50.00 $60.00 10.36.270(A)(17) $50.00 $60.00 (Ord.. 6535 § 2, 2014; Ord. 6275 § 2., 2010; Ord,. 6247 § 9, 2009; Ord. 6211 § 6, 2008; Ord. 6129 § 4, 2007; Ord. 6082 § 1, 2007; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6.543 October 14, 2014 Page 4 of 5 DI.0 Page 158 of 162 APPROVED AS TO FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6543 October 14, 2014 Page 5 of 5 DI.0 Page 159 of 162 A �%,A,w,I WINcs'1!4'YN Agenda Subject: Resolution No. 5096 Department: Attachments: Administration Resdutim No.5096 Administrative Recommendation: City Council adopt Resolution No. 5096. Background Summary: AGENDA BILL APPROVAL FORM Date: November 25, 2014 Budget Impact: $0 The City of Auburn has been a signatory of the King County Regional Hazard Mitigation Plan (RHMP) since 2004. A locally adopted hazard mitigation plan is required under the Disaster Mitigation Act of 2000 and makes the City eligible to apply for Hazard Mitigation Grants. Adoption of the 2014 RHMP update maintains the City's current status of having adopted a local hazard mitigation plan. A copy of the Plan is on file with the City Clerk. You can review the Plan (Volumes 1 and 2) at this site: http: / /www. kingcounty.gov /safety/ prepare/ EmergencyManagementProfessionaIs/ Plans /RegionaIHazardMitigationPIan. aspx Reviewed by Council Committees: Municipal Services, Public Works Councilmember: Peloza Meeting Date: December 1, 2014 Staff: Miller Item Number: DI.D DI.D AUBURN * MORE THAN YOU IMAGINED Page 160 of 162 RESOLUTION NO. 5 0 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ADOPTION OF THE 2014 KING COUNTY REGIONAL HAZARD MITIGATION PLAN INCLUDING THE CITY OF AUBURN PLAN ANNEX WHEREAS, the City of Auburn and other jurisdictions within King County, State of Washington, have expressed a cooperative interest in disaster mitigation planning efforts; and WHEREAS, the City supports disaster mitigation efforts and regional disaster planning; and WHEREAS, a locally adopted plan reviewed and approved by the Federal Emergency Management Agency (FEMA) is required under the Disaster Mitigation Act of 200, 44 CFR 201; and WHEREAS, regular revisions and updates are required by FEMA; and WHEREAS, FEMA has reviewed the plan proposed for adoption and approved it pending adoption by Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The City Council of the City of Auburn does hereby adopt the 2014 King County Regional Hazard Mitigation Plan including the City of Auburn plan annex. Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Resolution No. 5096 November 25, 2014 D I. D Pagel of 2 Page 161 of 162 Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED AND SIGNED THIS DAY OF December, 2014. CITY OF AUBURN Nancy Backus MAYOR ATTEST: Danielle E. Daskam, City Clerk APPWWED AS TO FORM: W iel B. Heid, City Attorney Resolution No. 5096 November 25, 2014 DI.D Page 2 of 2 Page 162 of 162