HomeMy WebLinkAbout02-21-2017 CITY COUNCIL AGENDACity Council Meeting
February 21, 2017 - 7:00 PM
Auburn City Hall
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
III. APPOINTMENTS
A. Boards and Commission Appointments
City Council to confirm the following appointments to the Boards and
Commissions:
Business Improvement Area Board
Recommend appointment to serve three-year terms to expire December 31,
2019:
• Giovanni DiQuattro
• Josef Forsberg
• Laura Theimer
• Megan White
Recommend appointment to serve a two-year term to expire December 31,
2018:
• Ronnie Robert
• Kirk Lantier
• Kelly Gordon
• Darren Jones
Recommend appointment to serve a one-year term to expire December 31,
2017:
• Lynda Krill
• Ruth Neil-Stover
• William Cowart
Recommend appointment to serve as alternates on the board:
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• Robert Klontz
• David Haynes
Auburn Tourism Board
City Council confirm the appointment to serve a three-year term to expire
December 31, 2019:
• Reggie Matto
• Ronnie Roberts
• Nicole Thissell
• James Wilson
Recommend appointment to serve a two-year term to expire December 31,
2018:
• Kacie Bray
• Rebecca Frisch
• Ashley Mohoric
Recommend appointment to serve a one-year term to expire December 31,
2017:
• Tonia Jones
• Julie Krueger
• Rachael McAlister
Lodging Tax Advisory Board
City Council confirm the appointment to serve a three-year term to expire
December 31, 2019:
• Daryl Faber
Recommend appointment to serve a two-year term to expire December 31,
2018:
• Susan Roberts
Recommend appointment to serve a one-year term to expire December 31,
2017:
• Aman Ghag
B. Cemetery Board Reappointment
City Council to confirm the reappointment of Robert Rakos to the Cemetery
Board for a three-year term to expire December 31, 2019.
C. Transportation Advisory Board
City Council to approve the appointment of the following candidates who will fill
unexpired terms from members who have resigned from the board:
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•Josef Forsberg - term to expire December 31, 2017
• David Jensen - term to expire December 31, 2019
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for the 2016 Consolidated Annual Performance and
Evaluation Report (CAPER)* (Hinman)
City Council to conduct a public hearing on the 2016 Consolidated Annual
Performance and Evaluation Report (CAPER) for the Community
Development Block Grant (CDBG) program
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the January 17, 2017 Regular City Council Meeting*
B. Minutes of the January 9, 2017 City Council Study Session*
C. Claims Vouchers (Coleman)
Claims voucher numbers 442409 through 442627 in the amount of
$1,645,855.44 and eight wire transfers in the amount of $635,256.02 and dated
February 6, 2017.
Claims voucher numbers 442628 through 442824 in the amount of
$4,721,602.95 and five wire transfers in the amount of $348,591.60 dated
February 21, 2017.
D. Payroll Vouchers (Coleman)
Payroll check numbers 537067 through 537095 in the amount of $767,089.07
and electronic deposit transmissions in the amount of $1,447,906.45 for a grand
total of $2,214,995.52 for the period covering January 12, 2017 to February 1,
2017.
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Payroll check numbers 537096 through 537125 in the amount of $582,276.24,
electronic deposit transmissions in the amount of $1,487,424.42 for a grand total
of $2,069,700.66 for the period covering February 2, 2017 to February 15, 2017.
E. Public Works Project No. CP1218* (Snyder)
City Council to award Contract No. 16-20, to Miles Resources LLC on their low
bid of $3,583,708.93 plus Washington State sales tax of $70,652.38 for a total
price of $3,654,361.31 for Project No. CP1218, Auburn Way South Corridor
Safety Improvements (Muckleshoot Plaza to Dogwood St SE) project
F. Public Works Project No. CP1606* (Snyder)
City Council to award Contract No. 17-04 to Road Construction Northwest on
their low bid of $357,447.50 plus Washington State sales tax of $33,957.51 for a
total price of $391,405.01 for Project No. CP1606, Auburn Teen and Community
Center (H Street SE Extension) project
G. Public Works Project No. C512A* (Snyder)
City Council to approve Final Pay Estimate No. 11 to Contract No. 13-12 in the
amount of $0.00 and accept construction of Project No. C512A, Well 4
Emergency Power Improvements
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6636* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, establishing
the Local Sales and Use Tax rate for local revitalization financing for 2017
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6636.)
B. Ordinance No. 6638* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
the City of Auburn Downtown Urban Center Design Standards Pedestrian Street
Map adopted by Section 18.29.070 of the City Code
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6638.)
XI. RESOLUTIONS
A. Resolution No. 5270* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute a contract between the City of Auburn and
the City of Algona for decant facilities usage and street sweeping services
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(RECOMMENDED ACTION: City Council adopt Resolution No. 5270.)
B. Resolution No. 5271* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, setting a
hearing date in relation to amending the 2017-2022 Transportation Improvement
Program of the City of Auburn pursuant to Chapter 35.77 of the revised Code of
Washington
(RECOMMENDED ACTION: City Council adopt Resolution No. 5271.)
C. Resolution No. 5273* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an agreement between the City of Auburn and Seattle-
King County Department of Public Health regarding the 2017-2018 Local
Hazardous Waste Management Program
(RECOMMENDED ACTION: City Council adopt Resolution No. 5273.)
D. Resolution No. 5274* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor to execute an agreement between the City of Auburn and King
County to implement the 2017-2018 Waste Reduction and Recycling Grant
Program and accepting program grant funds
(RECOMMENDED ACTION: City Council adopt Resolution No. 5274.)
E. Resolution No. 5275* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the transfer of funds for the purpose of making loans from the general fund
and/or the cumulative reserve fund to funds sustained by grants, fees, or tax
credits sustained or project focused special revenue fund for up to a three-year
period of time
(RECOMMENDED ACTION: City Council adopt Resolution No. 5275.)
F. Resolution No. 5278* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the City of Auburn to impose a Sales and Use Tax as authorized by RCW
82.14.415 as a credit against State Sales and Use Tax, relating to annexations
(RECOMMENDED ACTION: City Council adopt Resolution No. 5278.)
G. Resolution No. 5280* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, approving
and authorizing the execution of Police Department Tow Company Rotation List
agreements
(RECOMMENDED ACTION: City Council adopt Resolution No. 5280.)
H. Resolution No. 5283* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, amending
the City Council Rules of Procedure as adopted by Ordinance No. 5802 and
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amended by Resolution numbers. 4282,4429, 4467, 4615, 4686, 4740, 4813,
4909, 5105, 5112, 5115, 5217 and 5240
(RECOMMENDED ACTION: City Council adopt Resolution No. 5283.)
I. Resolution No. 5285* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, approving
and accepting the Hazard Mitigation Grant for Reservoir 1 Seismic Control Valve
(RECOMMENDED ACTION: City Council adopt Resolution No. 5285.)
J. Resolution No. 5286* (Snyder)
A Resolution of the City Council of the City of Auburn, Washington expressing its
desire and support for the near-term redevelopment of the former Valley 6 Drive-
In Theater complex also know as the Auburn Gateway Project
(RECOMMENDED ACTION: City Council adopt Resolution No. 5286.)
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for the 2016 Consolidated Annual
Performance and Evaluation Report (CAPER)
Date:
February 14, 2017
Department:
Administration
Attachments:
2016 CAPER
Budget Impact:
$0
Administrative Recommendation:
City Council to hold public hearing
Background Summary:
The CAPER is an overall review of housing and community development activities
undertaken in 2016 by the City of Auburn. It is part of the Consolidated Planning
process, which is a prerequisite to receiving federal HUD funds. The CAPER
delineates the amount of federal funding that is distributed through the program,
where that money is spent, and assesses how that spending addresses the housing
and community development goals that the City has set forth in its Consolidated Plan.
In 2016, the CDBG program received more than $500,000 for development and public
service activities.
Reviewed by Council Committees:
Councilmember: Staff:Hinman
Meeting Date:February 21, 2017 Item Number:PH.1
AUBURN * MORE THAN YOU IMAGINEDPH.1 Page 7 of 280
CAPER 1 OMB Control No: 2506-0117 (exp. 07/31/2015) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete End Homelessness Homeless CDBG: $62500 Homeless Person Overnight Shelter Persons Assisted 5 0 0.00% 5 0 0.00% End Homelessness Homeless CDBG: $62500 Homelessness Prevention Persons Assisted 60 60 100.00% 30 30 100.00% Ensure a Suitable Living Environment Non-Housing Community Development CDBG: $66664 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 300 0 0.00% 15 15 100.00% Ensure a Suitable Living Environment Non-Housing Community Development CDBG: $66664 Public service activities for Low/Moderate Income Housing Benefit Households Assisted 0 0 55 60 109.09% PH.1Page 8 of 280
CAPER 2 OMB Control No: 2506-0117 (exp. 07/31/2015) Ensure Decent, Affordable Housing Affordable Housing Public Housing CDBG: $289950 Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 20 20 100.00% 30 30 100.00% Ensure Decent, Affordable Housing Affordable Housing Public Housing CDBG: $289950 Homeowner Housing Rehabilitated Household Housing Unit 80 55 68.75% 55 60 109.09% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. Consistent with the priorities and specific objectives outlined in the 2016 Annual Action Plan, the City allocates the largest share of its HUD funds to its homeowner housing rehabilitation program ($249,950). As the city's largest homeless prevention program, the activity is consistent with the focus of the CDBG housing and homeless prevention programs. The program provides support to over 50 low income homeowners each year. Many program applicants are seniors, disabled or Veterans. The City's other high expenditure for CDBG funds was public services. Public services include medical and dental services as well as employment training programs. Both programs are targeted towards Auburn's most vulnerable and at risk populations and are also seen as effective homeless prevention programs. Individuals benefitting from these programs are often able to overcome barriers to becoming self sufficient, establish stable employment and financial independence. PH.1Page 9 of 280
CAPER 3
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 86
Black or African American 29
Asian 28
American Indian or American Native 3
Native Hawaiian or Other Pacific Islander 4
Total 150
Hispanic 8
Not Hispanic 30
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Auburn has a very diverse community that continues to grow and evolve. The racial and ethnic groups
listed in the graph do not accurately describe all groups present in Auburn as well as the ones served
with CDBG funds. In addition, there are many indiviuals served that identify with one or more race
and/or ethnicity.
PH.1 Page 10 of 280
CAPER 4
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG 2,076,456 90,893
Table 3 – Resources Made Available
Narrative
The City of Auburn did not receive its 2016 funds until November of 2016 so we were unable to spend
all of the funds prior to the end of the year. The City will have expended the remainder of the 2016
funds by February of 2017.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City of Auburn had no geographic target areas identified for 2016.
PH.1 Page 11 of 280
CAPER 5
OMB Control No: 2506-0117 (exp. 07/31/2015)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
Proposals to use CDBG funds with other leveraged funds can improve the feasibility of programs and
projects since available funds are often insufficient to fully support most Community Development or
Economic Development projects and programs. CDBG is generally used in conjuntion with other grant
funds to our local providers. Providers are encouraged to obtain private support in addition to CDBG
funds in proposed activities.
The City of Auburn does not have matching requirements for 2016 projects and activities.
PH.1 Page 12 of 280
CAPER 6
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be
provided affordable housing units
Number of non-homeless households to
be provided affordable housing units
Number of special-needs households to
be provided affordable housing units
Total
Table 5- Number of Households
One-Year Goal Actual
Number of households supported
through rental assistance
Number of households supported
through the production of new units
Number of households supported
through the rehab of existing units
Number of households supported
through the acquisition of existing units
Total
Table 6 - Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City's Annual Action Plan does not have any goals of providing housing, rental assistance, production
of new units or acquisition of existing units. The City does have a goal of providing rehab to 55 low
income homeowners residing in Auburn.
The program is the City's largest homeless prevention program which helps low income residents
maintain their housing rather than be forced into homelessness due to not being able to afford the high
costs of home repair. Many program applicants are seniors, disabled or Veterans on a fixed income. In
addition to helping residents remain housed the program helps applicants connect to other supportive
programs in the area.
Discuss how these outcomes will impact future annual action plans.
PH.1 Page 13 of 280
CAPER 7
OMB Control No: 2506-0117 (exp. 07/31/2015)
No future anticipated impacts at this time. However, the City will continue to explore new programs to
benefit applicants of this project and to try to assist in all activitiy areas based on local needs and
priorities.
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 130 0
Low-income 47 0
Moderate-income 14 0
Total 191 0
Table 7 – Number of Persons Served
Narrative Information
PH.1 Page 14 of 280
CAPER 8
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City of Auburn does not receive ESG funds.
The City is implementing several strategies on the local and regional level to address the issue of
homelessness and funds several homeless prevention programs with its general funds.
In April of 2016 the City of Auburn's Homeless Task Force provided 46 recommendations to our City
Council. The City is making significant progress on the recommendations which include increasing police
patrols, providing homeless resources to first responders in the area, and advocating for more
supportive funds on the State and Federal level.
Addressing the emergency shelter and transitional housing needs of homeless persons
The City of Auburn does not receive ESG funds for emergency shelter.
To address the emergency shelter and transitional housing needs of homeless persons, the City uses its
general funds to support several transitional housing and emergency housing programs throughout the
South King County region. We also have an emegency cold weather shelter and are currently looking to
partner with Valley Cities to expand that project to a day time shelter.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
The City of Auburn’s homeless prevention programs include its housing repair program, and its public
service programs which are funded through CDBG. Public services include employment training and free
medical and dental services. The housing repair program is the City's largest homeless prevention
program which provides minor home repairs to low income residents in Auburn. The program makes it
possible for low income residents to stay in their homes and avoid financial crisis from having to pay for
costly home repairs that they normally would not be able to afford. The employment training program
provides job coaching, career support, resume writing and emergency financial support to help Auburn
residents secure and maintain employment which results in self sufficiency, financial independence and
stable housing. The free medical and dental services give free access to healthcare to Auburn's low
PH.1 Page 15 of 280
CAPER 9
OMB Control No: 2506-0117 (exp. 07/31/2015)
income or uninsured residents. Many residents currently experiencing or at risk of homelessness have a
chronic or severe illness that is keeping them from participating in supportive services to gain self
sufficiency. It also helps residents afford healthcare and avoid costly medical bills that can put them in
financial crisis.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City of Auburn does not receive ESG funds for programs to help homeless persons.
The City of Auburn does invest a signifcant amount of its general funds to help individuals experiencing
homelessness including families, veterans and unaccompanied youth. Funded programs include: the City
of Auburn Veteran Services program, PATH, transitional housing, emergency shelters, and rental
assistance.
PH.1 Page 16 of 280
CAPER 10
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of Auburn does not currently own or operate any public housing. In Auburn, public housing is
administered directly through the King County Housing Authority.
The City does advocate and support public housing in Auburn as well as helping residents gain access to
it.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
Since the City does not administer public housing funds, or have any oversight over public housing
tenants, it has no actions directed specifically to public housing residents.
The City does support its residents to become more involved and participate in homeownership. The
City partners with agencies that provide first time homeowner workshops and communicates all
information on programs providing such support to its public housing residents.
Actions taken to provide assistance to troubled PHAs
Since the City does not administer public housing funds it does not evaluate the status or condition of
public housing authorities.
The City's code enforcement officers have a good relationship with our public housing facilities and try
to connect the residents and management with resources in supportive services as well as services the
City provides.
PH.1 Page 17 of 280
CAPER 11
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City of Auburn adopted a Comprehensive Plan in 2015 that contained mandatory elements including
housing. The housing element contains information about housing conditions and trends as well as
information about the availability of sites and infrastructure to accommodate new housing needs and
requires analysis of governmental constraints to the production and preservation of new housing. The
city is required to have land-use plans and regulatory policies which facilitate the development of a
range of housing types to meet the needs of all income groups. The housing element is developed with
public input and participation. It serves as the basis for land-use and assistance programs to address
local housing needs.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City continues to provide funds to address all of its housing, infrastructure, homeless prevention,
economic development and public facilities. In Auburn and the surrounding South King County area,
these continue to be underserved needs so the City will explore ways to leverage additional resources
towards addressing these needs.
The City has also increased its partnerships with and amongst our providers, faith community and
schools through the Auburn Mayor's Task Force on Homelessness. Comprised of providers, community
members, business owners and representatives from the faith community, the task force provided 46
recommendations to the City to move forward on addressing our at risk and underserved populations.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The City of Auburn includes language in its CDBG contracts that require agencies to comply with HUD
Lead-Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. Sections 4831, et seq.) requiring prohibition of the use of lead-based paint
whenever CDBG funds are used. In addition, the City notifies residents of potential lead-based paint
hazards when it awards a Housing Repair grant. A copy of the pamphlet – "Protect Your Family from
Lead In Your Home" is provided each Housing Repair client when the City conducts the initial inspection
of their home.
PH.1 Page 18 of 280
CAPER 12
OMB Control No: 2506-0117 (exp. 07/31/2015)
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
The City provides nearly $90,000 in poverty reduction programs each year to providers serving Auburn
families living in poverty. Programs include transitional housing, emergency housing, employment
training, legal aid and emergency financial support. Most of these programs partner with other valuable
programs in Auburn that address the needs of poverty level families. Programs such as behavioral health
services, domestic violence services and early childhood services which are all supported by Auburn
address the needs of our families with a goal of wrap around services for our residents.
The City's CDBG Economic Development activities have provided microenterprise services to over 27 low
income business owners. The program helps small business owners expand and sustain their business as
well as provide job opportunities for others in the Auburn area.
In the future the City will encourage the economic development program to partner with the CDBG
funded employment training program with a goal to have small business owners, when ready, hire low
income individuals who have completed the employment training program.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City of Auburn is continuing to pursue several opportunities to develop institutional instructure and
reduce chronic homelessness.
In November 2015 the City of Auburn's Mayor convened a task force on homelessness, comprised of
nonprofit providers, faith based representatives, business owners, police, school officials, hospital
emergency room staff, concerned residents, fire officials and city staff from human services, parks and
code enforcement. The task force developed an action plan for City Council with 46 recommendations
on how to address the City's current condition of homelessness in Auburn. The City is making progress
on the recommendations and continues to implement the recommendations in partnership with our
providers, first responders, and entire community.
The City has taken an active role in All Home King County and the Sound Cities Association to work with
neighboring municipalities to address homelessness as a region, combine resources and identify any
gaps in services that can be filled.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City participates in numerous coalitions and committese throughout the King County region to
PH.1 Page 19 of 280
CAPER 13
OMB Control No: 2506-0117 (exp. 07/31/2015)
coordinate services between public and private housing and social service agencies.
The Mayor's Task Force on Homelessness is comprised of city staff, PHA staff, and five local social service
agencies in the area. Each of the groups were able to present to the task force on their agency's current
status, long term goals and strategies to address homelessness.
The South King County Housing and Homeless Partnership is a network of municipal land use and human
services staff, nonprofit housing and homeless organizations working to address affordable housing and
homelessness needs in South King County. The partnership has identified priorities for 2016 which
include:
· Maintain and Improve healthy Affordable Housing
· Increasing funding for affordable housing
· Address barriers to housing development
· Provide emergency homeless services
· Build public awareness and to address housing and homeless needs
· Improve awareness and connections between housing and other key issues
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City of Auburn continues to take actions to overcome identified impediments to fair housing based
on King County's Analysis of Impediements to Fair Housing. Primarily the City continues to engage with
regional partners to take local action and use the data provided as guidance to support local policies and
make recommendations to local city councils.
PH.1 Page 20 of 280
CAPER 14
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
Monitoring activities include onsite and desk monitoring through review of analysis and progress reports
and invoice back up details, technical assistance calls and emails.
Subrecients of City of Auburn CDBG funds are monitored annually. Notification and required materials
for the monitoring are sent two weeks in advance of the monitoring date. A detailed monitoring tool is
used to assess the program's progress, timliness and adherence to HUD guidelines. After each annual
monitoring a formal letter is sent to the subrecipient detailing the findings or concerns of their
monitoring. Each subrecipient is given 30 days to respond to the letter.
The City monitors agency compliance with its CDBG contract by requiring the agency to submit quarterly
reports that include data on the number of service units provided along with demographic information
about their clients. Quarterly reports are cross referenced to the requirements in their contract to
ensure the subrecipient is on track to complete contract goals.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
The City provides adequate notice at the opening of the 15 day comment period and the public hearing
on the CAPER. The notice is provided by wide distribution utilizing the city's vehicles of communication.
In addition to comments received through public hearings, the City accepts public comments in any form
convenient to the public, including written responses, facsimile and email. The City considers all
comments and views received in writing or orally at public hearings in preparing the CAPER.
PH.1 Page 21 of 280
CAPER 15
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The City has not experienced any significant changes in its program objectives.
The City continues to improve processes and procedures to bring the program into alignment with its
current objectives. The City will maintain focus on preserving and providing affordable housing,
economic development and public services.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
PH.1 Page 22 of 280
CAPER 16
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
Recipient Name AUBURN
Organizational DUNS Number 032942575
EIN/TIN Number 916001228
Indentify the Field Office SEATTLE
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG assistance
ESG Contact Name
Prefix
First Name
Middle Name
Last Name
Suffix
Title
ESG Contact Address
Street Address 1
Street Address 2
City
State
ZIP Code
Phone Number
Extension
Fax Number
Email Address
ESG Secondary Contact
Prefix
First Name
Last Name
Suffix
Title
Phone Number
Extension
Email Address
2. Reporting Period—All Recipients Complete
Program Year Start Date 01/01/2016
PH.1 Page 23 of 280
CAPER 17
OMB Control No: 2506-0117 (exp. 07/31/2015)
Program Year End Date 12/31/2016
3a. Subrecipient Form – Complete one form for each subrecipient
Subrecipient or Contractor Name
City
State
Zip Code
DUNS Number
Is subrecipient a vistim services provider
Subrecipient Organization Type
ESG Subgrant or Contract Award Amount
PH.1 Page 24 of 280
CAPER 18
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-65 - Persons Assisted
4. Persons Served
4a. Complete for Homelessness Prevention Activities
Number of Persons in
Households
Total
Adults
Children
Don’t Know/Refused/Other
Missing Information
Total
Table 8 – Household Information for Homeless Prevention Activities
4b. Complete for Rapid Re-Housing Activities
Number of Persons in
Households
Total
Adults
Children
Don’t Know/Refused/Other
Missing Information
Total
Table 9 – Household Information for Rapid Re-Housing Activities
4c. Complete for Shelter
Number of Persons in
Households
Total
Adults
Children
Don’t Know/Refused/Other
Missing Information
Total
Table 10 – Shelter Information
PH.1 Page 25 of 280
CAPER 19
OMB Control No: 2506-0117 (exp. 07/31/2015)
4d. Street Outreach
Number of Persons in
Households
Total
Adults
Children
Don’t Know/Refused/Other
Missing Information
Total
Table 11 – Household Information for Street Outreach
4e. Totals for all Persons Served with ESG
Number of Persons in
Households
Total
Adults
Children
Don’t Know/Refused/Other
Missing Information
Total
Table 12 – Household Information for Persons Served with ESG
5. Gender—Complete for All Activities
Total
Male
Female
Transgender
Don't Know/Refused/Other
Missing Information
Total
Table 13 – Gender Information
PH.1 Page 26 of 280
CAPER 20
OMB Control No: 2506-0117 (exp. 07/31/2015)
6. Age—Complete for All Activities
Total
Under 18
18-24
25 and over
Don’t Know/Refused/Other
Missing Information
Total
Table 14 – Age Information
7. Special Populations Served—Complete for All Activities
Number of Persons in Households
Subpopulation Total Total Persons
Served –
Prevention
Total Persons
Served – RRH
Total
Persons
Served in
Emergency
Shelters
Veterans
Victims of
Domestic
Violence
Elderly
HIV/AIDS
Chronically
Homeless
Persons with Disabilities:
Severely
Mentally Ill
Chronic
Substance
Abuse
Other
Disability
Total
(unduplicated
if possible)
Table 15 – Special Population Served
PH.1 Page 27 of 280
CAPER 21
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units – Rehabbed
Number of New Units – Conversion
Total Number of bed - nigths available
Total Number of bed - nights provided
Capacity Utilization
Table 16 – Shelter Capacity
11. Project Outcomes Data measured under the performance standards developed in
consultation with the CoC(s)
PH.1 Page 28 of 280
CAPER 22
OMB Control No: 2506-0117 (exp. 07/31/2015)
CR-75 – Expenditures
11. Expenditures
11a. ESG Expenditures for Homelessness Prevention
Dollar Amount of Expenditures in Program Year
2014 2015 2016
Expenditures for Rental Assistance
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance
Expenditures for Housing Relocation &
Stabilization Services - Services
Expenditures for Homeless Prevention under
Emergency Shelter Grants Program
Subtotal Homelessness Prevention
Table 17 – ESG Expenditures for Homelessness Prevention
11b. ESG Expenditures for Rapid Re-Housing
Dollar Amount of Expenditures in Program Year
2014 2015 2016
Expenditures for Rental Assistance
Expenditures for Housing Relocation and
Stabilization Services - Financial Assistance
Expenditures for Housing Relocation &
Stabilization Services - Services
Expenditures for Homeless Assistance under
Emergency Shelter Grants Program
Subtotal Rapid Re-Housing
Table 18 – ESG Expenditures for Rapid Re-Housing
11c. ESG Expenditures for Emergency Shelter
Dollar Amount of Expenditures in Program Year
2014 2015 2016
Essential Services
Operations
Renovation
Major Rehab
Conversion
Subtotal
Table 19 – ESG Expenditures for Emergency Shelter
PH.1 Page 29 of 280
CAPER 23
OMB Control No: 2506-0117 (exp. 07/31/2015)
11d. Other Grant Expenditures
Dollar Amount of Expenditures in Program Year
2014 2015 2016
Street Outreach
HMIS
Administration
Table 20 - Other Grant Expenditures
11e. Total ESG Grant Funds
Total ESG Funds Expended 2014 2015 2016
Table 21 - Total ESG Funds Expended
11f. Match Source
2014 2015 2016
Other Non-ESG HUD Funds
Other Federal Funds
State Government
Local Government
Private Funds
Other
Fees
Program Income
Total Match Amount
Table 22 - Other Funds Expended on Eligible ESG Activities
11g. Total
Total Amount of Funds
Expended on ESG
Activities
2014 2015 2016
Table 23 - Total Amount of Funds Expended on ESG Activities
PH.1 Page 30 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 17, 2017 Regular City Council
Meeting
Date:
February 8, 2017
Department:
Administration
Attachments:
01-17-2017 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:February 21, 2017 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 31 of 280
City Council Meeting
January 17, 2017 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the City
Hall Council Chambers located at 25 West Main Street in Auburn. Mayor
Backus led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and
Rich Wagner.
Mayor Nancy Backus was in attendance, and the following department
directors and staff members were present: Assistant City Attorney Jessica
Leiser, Community Development and Public Works Director Kevin Snyder,
Assistant Director of Engineering Services/City Engineer Ingrid Gaub,
Police Commander Steve Stocker, Director of Administration Dana
Hinman, Innovation and Technology Director Paul Haugan, Finance
Director Shelley Coleman, and Deputy City Clerk Shawn Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Children's Dental Health Month Proclamation
Mayor Backus to proclaim February 2017 as "Children's Dental Health
Month" in the City of Auburn.
Mayor Backus read and presented a proclamation declaring February
2017 as "Children's Dental Health Month" in the City of Auburn. Wendy
Dore the Outreach and Marketing Manager from the University of
Washington Center for Pediatric Dentistry accepted the proclamation.
III. APPOINTMENTS
A. Auburn Municipal Airport Advisory Board
City Council to confirm the following appointments to the Auburn Municipal
Airport Advisory Committee. Each will be appointed to serve a three year
term, expiring December 31, 2019:
Deanna Clark
Mark Kornei
Deputy Mayor Wales moved and Councilmember Trout-Manual seconded
to confirm the appointments to the Auburn Municipal Airport Advisory
Board.
Page 1 of 5
CA.A Page 32 of 280
MOTION CARRIED UNANIMOUSLY. 7-0
IV. AGENDA MODIFICATIONS
Resolution No. 5270 was removed and Resolution No. 5276 was added to the
agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
There was no public hearing scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
Virginia Haugen, 2503 R Street SE, Auburn
Ms. Haugen spoke regarding her work with the homeless. She also spoke
about the need for minerals in the City's water for children to
develop healthy bones and teeth.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember Baggett reported on behalf of the Finance ad hoc committee
that reviews claims and payroll vouchers. Councilmember Baggett reported
that he and Councilmember Wagner reviewed the claims and payroll
vouchers as presented and described on this evening's agenda and
recommend City Council approval.
Councilmember Wagner reported on behalf of the ad hoc committee
established to review the Council structure. Councilmember Wagner reported
that he and Councilmembers DaCorsi and Holman will present to Council on at
the January 23rd Study Session and ask for volunteers for chair and vice
chairs for each Special Focus Area. Staff will provide a draft resolution
for Council to review at the February 13th Study Session.
Councilmember Peloza reported the ad hoc committee established to review
the Council Travel will meet later in the week.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to
be routine and will be enacted by one motion in the form listed.
A. Minutes of the January 3, 2017 City Council Meeting
Page 2 of 5
CA.A Page 33 of 280
B. Claims Vouchers (Coleman)
2016 claims voucher numbers 442174 and voucher number 442177
through 442331 in the amount of $2,986,427.06 and two wire transfers in
the amount of $549,207.54 and dated January 17, 2017.
2017 claims voucher numbers 442175 and 442176 and voucher number
442332 through 442408 in the amount of $2,856,549.79 and two wire
transfers in the amount of $1,801.08 and dated January 17, 2017.
C. Payroll Vouchers (Coleman )
Payroll check numbers 537027 through 537066 in the amount of
$593,247.57, electronic deposit transmissions in the amount of
$1,437,912.81 for a grand total of $2,031,160.38 for the period covering
December 29, 2016 to January 11, 2017.
D. Public Works Project No. CP1408 (Snyder)
City Council approve Final Pay Estimate No. 5 to Contract No. 14-25 in the
amount of $0.00 and accept construction of Project No. CP1408, Hangar
Row 3 Improvements
Deputy Mayor Wales moved and Councilmember Baggett seconded to
approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6634 (Hinman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 2.76.020, 2.76.040, 2.77.010, 2.77.020, 2.77.040 and
2.77.050 of the Auburn City Code relating to the City's tourism promotional
efforts
Deputy Mayor Wales moved and Councilmember Holman seconded to
adopt Ordinance No. 6634.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6635 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Auburn City Code Sections 3.04.600 and 3.04.610 of the
Auburn City Code relating to funds
Deputy Mayor Wales moved and Councilmember Trout-Manual seconded
to adopt Ordinance No. 6635.
Deputy Mayor Wales stated this creates a petty cash account to for the
Senior Center pantry and closes out petty cash accounts no longer used.
Page 3 of 5
CA.A Page 34 of 280
MOTION CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5276 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
declaring an emergency regarding the need to make repairs to hangars at
the Auburn Municipal Airport
Councilmember DaCorsi moved and Deputy Mayor Wales seconded to
adopt Resolution No. 5266.
Councilmember DaCorsi stated the repairs need to be taken care before
the building fails and damages the airplanes inside.
Councilmember Wagner asked for the staff to consider repairing the
beams instead of replacing them.
Councilmember DaCorsi stated some repairs can be done but others will
need to actually be replaced. He questioned why the needed repairs
were not caught earlier. He suggested the City staff develop policies for
inspecting the property regularly.
MOTION CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-
related activities since the last regular Council meeting.
A. From the Council
Deputy Mayor Wales reported the Junior City Council met this evening.
They elected their chair and vice chair and the four students to represent
the City at the National League of Cities Conference in March.
Councilmember Peloza reported he attended the National Society of the
Daughters of the American Revolution Awards Banquet.
Councilmember Baggett reported he attended the Cities and
Towns Association meeting for Pierce County and the (EMAC) Emergency
Management Advisory Committee meeting.
Councilmember Holman reported on his experience at the University of
Washington's Martin Luther King Unity Breakfast.
Councilmember Wagner spoke about the signs in Auburn that say we are
building an "Inclusive Community". He also reported he attended a
Transportation Policy Board meeting.
Councilmember DaCorsi thanked Councilmember Holman for his report on
the MLK Unity Breakfast. He reported he attended the Senior Center
Coffee Hour and the Affordable Housing Advisory Board meeting.
Page 4 of 5
CA.A Page 35 of 280
B. From the Mayor
Mayor Backus reported she was reappointed to the All Home Coordinating
Board. She attended the Chamber of Commerce Board of Directors
meeting, the University of Washington Livable Cities first quarter review, a
Green River College panel on the Campus Leadership Institute,
an economic forecasting conference, the Korean American Day event at
the Auburn Performing Arts Center and the memorial service for Terry
O'Grady.
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 7:56 p.m.
APPROVED this 6th day of February, 2017.
________________________________ ______________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
Page 5 of 5
CA.A Page 36 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 9, 2017 City Council Study Session
Date:
February 8, 2017
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:February 21, 2017 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 37 of 280
City Council Study Session
January 9, 2017 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Deputy Mayor Wales called the meeting to order at 5:30 p.m. in the Council
Chambers at Auburn City Hall, 25 West Main Street in Auburn.
(For the record, no audio of the meeting exists due to technical malfunctions of
the recording equipment.)
A. Roll Call
City Councilmembers present: Deputy Mayor Largo Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel and
Rich Wagner.
Mayor Nancy Backus was also present.
Department directors and staff members in attendance included: City
Attorney Daniel B. Heid, Finance Director Shelley Coleman, Innovation
and Technology Director Paul Haugan, Economic Development
Manager Doug Lein, Community Development and Public Works Director
Kevin Snyder, Director of Administration Dana Hinman, Police
Commander Jamie Sidell, Assistant Director of Engineering Services/City
Engineer Ingrid Gaub, and City Clerk Danielle Daskam.
II. AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Council Discussion on Retreat Goals – Affordable Housing and Family
Wage Jobs
Presentation by Stephen Norman, King County Housing Authority
Councilmember DaCorsi introduced Stephen Norman, Executive Director
of King County Housing Authority. Mr. Norman spoke regarding the King
County Housing Authority's subsidized housing programs, particularly the
Section 8 Voucher Program.
There are currently 20,400 households in King County assisted by the
subsidized housing program. Section 8 of the Housing and Community
Development Act of 1974 provides support to low-income renters living in
private housing. There is a limited number of vouchers allocated in any
region of the country. Of the 20,400 households in King County,
approximately 850 are tenant based voucher holders or four percent of the
countywide total.
For those households receiving assistance from King County Housing
Authority, 30% are elderly residents, 30% are disabled, and 40% are
Page 1 of 4
CA.B Page 38 of 280
families with children. There are over 14,000 children housed every night
in King County Housing Authority subsidized housing.
It was noted the City of Kent may be considering an ordinance modeled
after the City of Redmond's to provide protections to Section 8 voucher
holders against source of income discrimination. Mr. Norman explained
the City of Redmond ordinance was a result of one of Redmond's large
property owners terminating all of their Section 8 voucher holder
tenancies. The large property owner/landlord later rescinded the
terminations, but many of the residents never returned. The City of
Redmond took action to adopt an ordinance which bans discrimination
against Section 8 voucher holders.
Deputy Mayor Wales questioned the eviction rate for Section 8 certificate
holders. Mr. Norman stated the rate of eviction for Section 8 tenants is
very low.
Councilmember Trout-Manuel asked about domestic violence victims
access to Section 8 vouchers. Mr. Norman stated that King County
Housing Authority, in partnership with other organizations, offers many
types of support services.
Mr. Norman stated that during the last Section 8 voucher open enrollment,
over 22,000 applications were received for the approximate 2,500 spots
on the waiting list.
Deputy Mayor Wales requested that the January 30, 2017 Council Study
Session agenda include an item on income/voucher discrimination and
safety for diverse communities.
B. Ordinance No. 6634 (Hinman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 2.76.020, 2.76.040, 2.77.010, 2.77.020, 2.77.040 and
2.77.050 of the Auburn City Code relating to the City's tourism promotional
efforts
Economic Development Manager Doug Lein presented Ordinance No.
6634 amending sections of the City Code relating to the Lodging Tax
Advisory Board and the Auburn Tourism Board. The purpose of the
ordinance is to eliminate overlapping responsibilities and functions and
condense the number of meetings necessary to carry out the functions of
both groups.
Councilmember Peloza recommended substituting language in Section
2.76.020(D) with: "One elected official appointed by the Mayor and
confirmed by the City Council shall serve as Chair of the Auburn Lodging
Tax Advisory Committee."
Councilmember Peloza also noted scrivener's errors on page 4 of the
ordinance.
It was noted that State law requires an elected official on the Lodging Tax
Advisory Board.Page 2 of 4
CA.B Page 39 of 280
Deputy Mayor Wales suggested a Councilmember liaison on the Tourism
Board.
C. Ordinance No. 6635 (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Sections 3.04.600 and 3.04.610 of the Auburn City Code
relating to funds
Finance Director Shelley Coleman presented Ordinance No. 6635. The
ordinance establishes a petty cash fund for the Pantry at the Senior
Center in the amount of $1,500.00, which will permit the Senior Center's
volunteer shopper to take advantage of cost savings. The Senior Center
Pantry is open two days a month and offers seniors the opportunity to
shop for low-cost foods. Cost savings are achieved through the purchase
of bulk food and re-packaging into individual sizes.
The ordinance also removes reference to the Municipal Court and
Detention Facility change funds and the Municipal Court petty cash fund.
D. Hybrid Study Session Format
Deputy Mayor Wales recessed the meeting at 6:39 p.m. for a five minute
intermission. The meeting was reconvened at 6:43 p.m.
Councilmember Wagner, chair of the ad hoc committee to study the
Council structure and study session format, presented a PowerPoint of the
Hybrid Study Session format.
Councilmember Wagner reviewed the Council special focus areas and
scopes of authority. The four special focus areas are: Public Works and
Community Development, Municipal Services, Health and Human
Services, and Finance and Economic Development.
Councilmember Wagner reviewed a calendar and schedule of typical
meetings under the hybrid study session format. He also
reviewed sample agendas for Council meetings and study sessions with
special focus areas.
Councilmember Wagner presented a sample matrix; one matrix would be
maintained for all special focus area topics. The topics for discussion will
be grouped by focus area.
Councilmember Wagner recommended removing any reference
to Committee of the Whole; the fifth Monday of the month would be
reserved for a Council Study Session that would focus on Council rules,
operations, and other topics as necessary.
The Council then discussed selection of Special Focus Area chairs and
whether vice chairs should be designated.
Councilmembers discussed the use of ad hoc committees, which shall
have no more than three Councilmembers and shall serve for a stated
Page 3 of 4
CA.B Page 40 of 280
period of time.
Deputy Mayor Wales suggested that the Council review the Hybrid Study
Session Format at the next Study Session to allow further study and
opportunity for any clarification.
Councilmember DaCorsi suggested any further questions or concerns be
directed to the chair of the ad hoc committee, Councilmember Wagner.
E. Council Travel Budget
Deputy Mayor Wales reported she met with Finance Director Coleman to
discuss methods for Council to manage their own travel budget.
Deputy Mayor Wales asked for volunteers for an ad hoc committee to
study and create a policy for Council travel. Councilmember Peloza
volunteered to serve as chair of the ad hoc committee, and
Councilmembers Baggett and Trout-Manuel will serve as additional
members. Mayor Backus stated Finance Director Coleman will provide
staff support for the ad hoc committee. The ad hoc committee will
report to the City Council at the February 13th study session.
F. Council One-on-One Versus Two-on-One Meetings with the Mayor
Deputy Mayor Wales inquired whether Councilmembers preferred their
meetings with the Mayor with another Councilmember or on a one-on-one
basis with the Mayor. Councilmember Trout-Manuel stated she believed
she got more information out of meetings with the Mayor with another
Councilmember in attendance. There was no objection from Mayor
Backus or members of the Council to change the meetings with the
Mayor to two Councilmembers.
G. Annual Selection of Deputy Mayor
Deputy Mayor Wales requested volunteers to serve on an ad hoc
committee relating to the annual selection of Deputy Mayor.
Councilmembers DaCorsi, Peloza, Trout-Manuel volunteered. The ad hoc
committee will report back to the City Council at the March 13th Study
Session.
III. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 7:46 p.m.
APPROVED this ___ day of _________________, 2016.
________________________________ _____________________________
LARGO WALES, DEPUTY MAYOR Danielle Daskam, City Clerk
Page 4 of 4
CA.B Page 41 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
February 8, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve the claims vouchers.
Background Summary:
Claims voucher numbers 442409 through 442627 in the amount of $1,645,855.44
and eight wire transfers in the amount of $635,256.02 and dated February 6, 2017.
Claims voucher numbers 442628 through 442824 in the amount of $4,721,602.95 and
five wire transfers in the amount of $348,591.60 dated February 21, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 42 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
February 8, 2017
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537067 through 537095 in the amount of $767,089.07
and electronic deposit transmissions in the amount of $1,447,906.45 for a grand total
of $2,214,995.52 for the period covering January 12, 2017 to February 1, 2017.
Payroll check numbers 537096 through 537125 in the amount of $582,276.24,
electronic deposit transmissions in the amount of $1,487,424.42 for a grand total of
$2,069,700.66 for the period covering February 2, 2017 to February 15, 2017.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 43 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1218
Date:
February 13, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
CP1218 Bid Tab Summary Sheet
Vicinity Map
Budget Impact:
$769,380.00
Administrative Recommendation:
City Council award Contract No. 16-20, to Miles Resources LLC on their low bid of
$3,583,708.93 plus Washington State sales tax of $70,652.38 for a total price of
$3,654,361.31 for Project No. CP1218, Auburn Way South Corridor Safety
Improvements (Muckleshoot Plaza to Dogwood St SE) project.
Background Summary:
This project will construct improvements to Auburn Way South (SR164) from
Muckleshoot Plaza (Bingo Hall/Smoke Shop) to Dogwood Street SE and consists of
improving access management, providing U-turns, upgrading transit stops and street
lighting, widening to accommodate turn lanes and 10-foot wide sidewalks, installing
ADA accessible pedestrian push buttons with audible countdown pedestrian signal
heads, and upgrading traffic signals. The improvements are illustrated on the attached
project map.
The City received six (6) responsive bids and the low bid was approximately 9% below
the engineer’s estimate. Staff has performed reference checks and other verifications
to determine that Miles Resources LLC meets the responsible bidding criteria and
recommends award.
Construction is anticipated to begin in March 2017 and is expected to last 12 months.
Budget considerations:
Although the bids were lower than expected, a budget adjustment of $769,380.00
from the 102 Arterial Street Fund will be required to fund the project. The needed
funds are available from traffic impact fees and are anticipated to be transferred to the
project budget with Budget Amendment No.1.
A project budget contingency of $73,170.00 remains in the 460 Water Fund.
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 44 of 280
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:CA.E
AUBURN * MORE THAN YOU IMAGINEDCA.E Page 45 of 280
Project No: CP1218 Project Title:
Project Manager: Matthew Larson
Update
Initiation Date: 09/17/2012 Permission to Advertise
Advertisement Date: 01/03/2017 Contract Award
Award Date: 02/21/2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2015 2016 (Actual)2017**Total
102 Fund - Federal Grant 98,470 213,098 61,317 1,960,223 2,333,108
102 Fund - WSDOT GCB 1913 (Federal Funds)*0 0 466,191 466,191
102 Fund - Traffic Impact Fees 0 54,597 191,794 58,206 304,597
102 Fund - Unrestricted Street 2,768 0 0 0 2,768
460 Fund - Water 0 0 151,091 1,010,249 1,161,340
Total 101,238 267,695 404,202 3,494,869 4,268,004
* Anticipated
** Funds shown in 2017 are anticipated to be included in BA# 1 as a carry forward from 2016.
Activity
Prior Years
(Actual)2015 (Actual)2016 (Actual)2017 Total
Design Engineering - City Costs Total 23,379 39,381 62,790 17,000 142,550
Design Engineering - Consultant Costs Total 77,859 228,314 255,276 29,000 590,449
ROW - Consultant Costs 0 0 10,000 2,000 12,000
ROW - City Costs 0 0 14,819 0 14,819
ROW - Property Acquisitions 0 0 61,317 0 61,317
Total Construction Contract Bid 0 0 0 3,654,361 3,654,361
Authorized Contingency (5%)0 0 0 182,718 182,718
Construction Engineering - State Costs Total 0 0 0 10,000 10,000
Construction Engineering - Consultant Costs Total 0 0 0 21,000 21,000
Construction Engineering - City Costs Total 0 0 0 275,000 275,000
Total 101,238 267,695 404,202 4,191,079 4,964,214
Prior Years 2015 (Actual)2016 (Actual)2017 Total
*102 Funds Budgeted ( )(101,238)(267,695)(253,111)(2,484,620)(3,106,664)
102 Funds Needed 101,238 267,695 253,111 3,254,000 3,876,044
*102 Fund Project Contingency ( )0 0 0 0 0
102 Funds Required 0 0 0 769,380 769,380
Prior Years 2015 (Actual)2016 2017 Total
*460 Funds Budgeted ( )0 0 (151,091)(1,010,249)(1,161,340)
460 Funds Needed 0 0 151,091 937,079 1,088,170
*460 Fund Project Contingency ( )0 0 0 (73,170)(73,170)
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
102 Arterial Street Budget Status
460 Water Budget Status
BUDGET STATUS SHEET
Auburn Way South Corridor Safety Improvements (Muckleshoot
Plaza to Dogwood St SE)
Date: February 10, 2017
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1218-AWS Corridor Safety Impv\Budget\CP1218.BudgetStatusSheet.xls
1 of 1
2/10/2017 11:11 AMCA.E Page 46 of 280
BID TABULATION
BID TOTALS SUMMARY
1/31/2017 (8:56 AM)
h:\proj\bidtabs\CP1218 BT.xls 14
Project Name: CP1218, Auburn Way South Corridor Improvements (Muckleshoot Plaza to Dogwood St SE), Contract 16-20
Prepared by: City of Auburn
Bid Date:
ENGINEER'S ESTIMATE:3,944,014.05$
AVERAGE BASIC BID AMOUNT:3,994,804.69$
BASIC BID SPREAD AMOUNT:995,451.57$ Basic BID Amount Spread $Spread %
LOW BIDDER:Miles Resources 3,583,708.93$ -$360,305.12 -9.14%
Second Bidder:Marshbank Construction 3,668,720.50$ -$275,293.55 -6.98%
Basic BID (Tax not Included)Total BID (Tax Included)
Miles Resources 3,583,708.93$ 3,654,361.31$
Marshbank Construction 3,668,720.50$ 3,737,924.30$
R.L. Alia Company 3,748,492.00$ 3,816,018.43$
DPK Inc 4,095,453.20$ 4,163,262.30$
Active Construction, Inc 4,293,293.00$ 4,356,446.68$
R.W. Scott Construction 4,579,160.50$ 4,654,980.95$
NOTE: An evaluation of whether a bidder is responsible or non-responsible was only made for the low bidder. This does not indicate, one way or the
other, how other bidders would be considered if they were the low bidder.
1/26/17
CA.E Page 47 of 280
CA.EPage 48 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1606
Date:
February 13, 2017
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
CP1606 Bid Tab Summary
Budget Impact:
$0
Administrative Recommendation:
Award Contract No. 17-04 to Road Construction Northwest on their low bid of
$357,447.50 plus Washington State sales tax of $33,957.51 for a total price of
$391,405.01 for Project No. CP1606, Auburn Teen and Community Center (H Street
SE Extension) project.
Background Summary:
This construction work is associated with the Community and Teen (REC) Center
Project and will create access to the Les Gove Campus from Auburn Way South and
will close Deals Way which currently runs through the Les Gove Community Campus.
These improvements will encourage vehicles to access the new Community and REC
Center from Auburn Way South and H Street SE instead of utilizing neighborhood
streets (thus reducing traffic impacts associated with the new Community and REC
Center on surrounding neighborhood streets and also increasing visibility of the park
from Auburn Way South). The closure of Deals Way will prohibit vehicles from cutting
through the park area (between the Spray Park and the Library); thus improving
pedestrian safety. The construction work also includes modifications to the King
County library parking lot to accommodate the H Street SE/Auburn Way South
connection.
The City received seven (7) responsive bids and the low bid was approximately 38%
below the engineer’s estimate. Staff has performed reference checks and other
verifications to determine that Road Construction Northwest meets the responsible
bidding criteria and recommends award. Staff also recommends a 25% authorized
contingency be established for this contract to account for potential change orders,
claims, and additions. The authorized contingency will allow the project construction to
proceed without delay in case there are unforeseen conditions that require contract
adjustments within the authorized contingency amount.
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 49 of 280
This construction work is funded by the Community and REC Center project budget
which has a remaining contingency of $161,198.00 in the 321 Fund (General Parks
Construction).
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 50 of 280
H:\PROJ\CP1606-H St SE Extension (USE E-BUILDER)\4.00 City Council-Committee\Permission to
Award\CP1606_BudgetStatusSheet.xls
1 of 1
Project No: CP1606 Project Title:
Project Manager: Matthew Larson
Project Initiation
Advertise
Advertisement Date: Jan. 24, 2017 Contract Award
Award Date: Feb. 21, 2017 Change Order Approval
Contract Final Acceptance
Funding Prior Years 2016 (Actual) 2017
Future Years Total
321 Fund - General Parks Construction*104,326 750,674 855,000
Total 0 104,326 750,674 0 855,000
*Funds shown in 2017 are anticipated to be included in BA#1 as a carry forward from 2016.
Activity Prior Years 2016 (Actual) 2017
Future Years Total
Design Engineering - City Costs 72,574 5,000 77,574
Design Engineering - Consultant 9,100 10,220 19,320
Right of Way - Easement Acquisition 20,624 20,624
Right of Way - TRs/Appraisals/Reviews 2,028 2,028
Construction Contract Bid 391,405 391,405
Authorized Contingency (25%)97,851 97,851
Construction Engineering - City Costs 75,000 75,000
Construction Engineering - Materials Testing 10,000 10,000
Total 0 104,326 589,476 0 693,802
Prior Years 2016 (Actual) 2017
Future Years Total
*321 Funds Budgeted ( )0 (104,326) (750,674) 0 (855,000)
321 Funds Needed 0 104,326 589,476 0 693,802
*321 Fund Project Contingency ( )0 (0)(161,198) 0 (161,198)
321 Funds Required 0 0 0 0 0
321 General Parks Construction Budget Status
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
Auburn Teen and Community Center (H St. SE Extension)
Date: February 14, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
CA.F Page 51 of 280
752.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet752.3
Notes
Legend
376.20
1:4,514
CP1606 Auburn Teen and Community Center (H Street SE Extension)
1in =376 ft
2/9/2017Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
SR-18
Project Location(s)
Community and
REC Center
Senior Center
King County
Library
White River
Valley Museum
New Access to
Park from
Auburn Way
South
Parking Lot
Modifications
Turnaround/Drop Off Area
Deals Way Closure
CA.F Page 52 of 280
CA.F Page 53 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. C512A
Date:
February 13, 2017
Department:
CD & PW
Attachments:
Final Pay Estimate No. 11
C512A - Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 11 to Contract No. 13-12 in the amount
of $0.00 and accept construction of Project No. C512A, Well 4 Emergency Power
Improvements.
Background Summary:
The purpose of this project was to provide emergency power, upgrade the chlorination
system, and install security fencing at the City’s Well 4 water facility. Providing a
diesel generator for emergency power ensures that one of the City’s primary sources
of water will continue to operate in the event electrical power is lost. Upgrading the
chlorination system from the existing gas chlorination system to a liquid hypochlorite
solution increases operator safety and improve operations by providing a chlorination
system similar to other City water sources. Both the new chlorination system and the
generator are housed in a new building that was constructed adjacent to the existing
building at the Well 4 site.
A project budget contingency of $110,485.00 remains in the 460 (Water) fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:CA.G
AUBURN * MORE THAN YOU IMAGINEDCA.G Page 54 of 280
CA.G Page 55 of 280
CA.G Page 56 of 280
CA.G Page 57 of 280
Project No: C512A Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _Nov 5, 2012__ Permission to Advertise
Advertisement Date: _Nov 6, 2014___ Contract Award
Award Date: _Dec 15, 2014________ Consultant Agreement Amendment
Contract Final Acceptance
Funding Prior Years
(Actuals)2015 (Actual) 2016 (Actuals) 2017** Total
460 Fund - 2013 Bond Proceeds 285,939 889,816 18,245 1,194,000
460 Fund - Water 7,138 51,166 121,285 58,304
Total 293,077 889,816 69,411 121,285 1,252,304
** Funds shown in 2017 are anticipated to be included in BA#1 as a carry forward from 2016.
Activity Prior Years
(Actuals)2015 (Actual) 2016 (Actuals) 2017 Total
Design Engineering - City Costs 70,346 70,346
Design Engineering - Consultant Costs 221,902 221,902
Construction Contract Bid 833,112 39,778 872,890
Change Order No. 1 937 937
Line Item Changes (15,548) (15,548)
Construction Engineering - City Costs 830 37,080 30,520 5,000 73,430
Construction Engineering - Consultant Costs 18,686 14,661 5,800 39,147
Total 293,078 889,816 69,411 10,800 1,263,104
Prior Years
(Actuals)2015 (Actual) 2016 (Actuals) 2017 Total
*460 Funds Budgeted ( ) (293,077) (889,816) (69,411) (121,285) (1,373,589)
460 Funds Needed 293,078 889,816 69,411 10,800 1,263,104
*460 Fund Project Contingency ( )0 0 (0) (110,485) (110,485)
460 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
BUDGET STATUS SHEET
Well 4 Emergency Power Improvements
Date: February 13, 2017
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\C512A-Well 4 Emergency Power\Budget\Budget Status Sheet.xls
1 of 1
2/13/2017 4:56 PMCA.G Page 58 of 280
CA.G Page 59 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6636
Date:
February 14, 2017
Department:
Finance
Attachments:
Ord 6636
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Ordinance No. 6636
Background Summary:
Ordinance No. 6636 levies a .0207% sales tax credit against the state sales tax for
local revitalization financing. SB 5045 authorizing the tax credit was passed by the
state legislature during the 2009 regular session. The intent of the legislation was to
provide financial assistance to cities to assist with financing public improvements in an
identified revitalization area to promote community and economic development.
The City first applied for the use of local revitalization financing on August 11, 2009
and the Department of Revenue approved the City’s application on September 16,
2009, authorizing up to $250,000 per year for the local revitalization program
(Promenade capital improvements).
In 2010, the City issued $7.24 million in 2010 C/D Bonds for the purpose of funding
capital improvements for the Promenade. Annual debt service payments for these
bonds continue through the year 2035. Funds from EDA grants, combined with
REET2 funds and interest earnings, are used to pay for the annual debt service costs
of the local revitalization project. As of the end of 2015, the remaining principal
balance is $6.1 million.
The tax credit is available to the City for up to 25 years. 2017 will be the eighth year
that the City has asked the State for the tax credit. As provided by the State, in order
for the City to continue receiving the tax credit, the City must request this each year by
ordinance.
Based upon historical taxable retail sales, the above rate of .0207% is estimated to
generate $250,000 for local revitalization funding during the State’s fiscal year, July 1,
2017 to June 30, 2018.
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 60 of 280
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 61 of 280
ORDINANCE NO. 6 6 3 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ESTABLISHING
THE LOCAL SALES AND USE TAX RATE FOR
LOCAL REVITALIZATION FINANCING FOR 2017
WHEREAS, The City of Auburn ("City") enacted Ordinance No. 6301 on
April 19, 2010, which established a local sales and use tax as provided for in
Section 39.14.510 of the Revised Code of Washington ("RCW"); and,
WHEREAS, this tax is imposed in order to pay the debt service on Local
Revitalization Financing bonds in accordance with Chapter 39.104 RCW; and,
WHEREAS, Chapter 39.104 RCW provides that the City shall, from time to
time, adjust the tax rate so that it is set at the rate reasonably necessary to receive
the state contribution over 10 months, in accordance with RCW 82.14.510(3); and
WHEREAS, the Local Sales and Use Tax Rate is set at a rate to generate
approximately$250,000.00 between July 1, 2017 through June 30, 2018, for Local
Revitalization Financing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The sales and use tax rate initially established in Section 3.2
of Ordinance No. 6301, and most recently amended by Ordinance No. 6588, is
hereby amended to .0207%, effective July 1, 2017.
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.
Ordinance No. 6636
February 7, 2017
Page 1 of 2ORD.A Page 62 of 280
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:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP' 'EDS TO FOR
f' itjO
D mel B. He':'* ity Attorney
Published:
Ordinance No. 6636
February 7, 2017
Page 2 of 2ORD.A Page 63 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6638
Date:
February 15, 2017
Department:
Community Development &
Public Works
Attachments:
Ord 6638
Exhibit A to Ordinance No. 6638
Memorandun to Planning Commission
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
On November 8, 2016 Zoning Amendment Application ZAA16-006 was submitted by
Auburn Professional Plaza LLC. The application request was for the City to consider
modifying the pedestrian street designation that is located on a portion of the west
side of Auburn Avenue between Main Street and 1st Street NE. The existing
designation is Pedestrian I. The requested designation is Pedestrian II.
Ground floor commercial uses located along Pedestrian I streets are limited to retail,
restaurant or personal service uses. Ground floor commercial uses located along
Pedestrian II streets allow the same uses as Pedestrian I plus office and residential
uses. The effect of granting the requested to change is to allow ground floor office
uses on the property where the vacant Key Bank building is located across the street
from Auburn Avenue Theater.
Staff reviewed the proposed request and made a determination that the request does
not compromise the intended goals of existing, adopted downtown Auburn plans and
policies. Staff made a recommendation to the Planning Commission that the request
be approved. The Planning Commission held a public hearing on the matter on
February 8, 2017. After deliberation, the Planning Commission voted to transmit a
recommendation to City Council that the requested map change be approved and
adopted by ordinance.
Scheduling of Actions
A discussion of the Planning Commission recommendation on Ordinance No. 6638 is
scheduled for Council Study Session on February 13, 2017. City Council
consideration is tentatively planned for February 21, 2017.
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 64 of 280
Reviewed by Council Committees:
Other: Planning & Legal
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 65 of 280
ORDINANCE NO. 6 6 3 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING THE CITY OF
AUBURN DOWNTOWN URBAN CENTER DESIGN
STANDARDS PEDESTRIAN STREET MAP ADOPTED BY
SECTION 18.29.070 OF THE CITY CODE
WHEREAS, the City of Auburn maintains and publishes Design Standards for its
Downtown Urban Center zone, which are intended to provide standardization of design
elements for consistency and to assure public safety; and
WHEREAS, Section 18.29.070 of the Auburn City Code (ACC) adopted by
reference the Downtown Auburn Design Standards; and
WHEREAS, the Downtown Auburn Design Standards include a map titled
Pedestrian Streets" which identifies specific streets in the Downtown Urban Center as
Pedestrian I and Pedestrian II; and
WHEREAS, on November 8, 2016, Zoning Amendment Application ZAA16-0006
was received which requests to modify the Pedestrian Street map contained within the
Downtown Auburn Design Standards; and
WHEREAS, the City of Auburn Planning Commission held a public hearing on
February 7, 2017, and thereafter voted in favor of transmitting a recommendation to the
City Council to change the pedestrian street designation on a portion of the west side of
Auburn Avenue between Main Street and 1st Street NE from Pedestrian I to Pedestrian
II, subject to a condition of approval that establishes timelines for redevelopment or
rehabilitation of the property; and
WHEREAS, the Auburn Department of Community Development and Public
Works has prepared revisions to the Pedestrian Streets Map contained within the
Ordinance No. 6638
February 15, 2017
Page 1 of 2ORD.B Page 66 of 280
Downtown Auburn Design Standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Downtown Urban Center Design Standards related to the
pedestrian street designations shall be amended as provided in the proposed revision
to Downtown Urban Center Design Standards attached hereto as Exhibit A.
Section 2. That the Mayor or designee is authorized to implement such
administrative procedures as may be necessary to promulgate and publish this revision
to the Downtown Urban Center Design Standards.
Section 3. That this Ordinance shall take effect and be in full force five (5)
days after passage and signatures hereon.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPRO D A S TO FO :
FIA
Daniel S. Heid," y A'or -
Published:
Ordinance No. 6638
February 15, 2017
Page 2 of 2ORD.B Page 67 of 280
Downtown Pedestrian Street Map
DUC Zone
Pedestrian I
Pedestrian II
ORD.B Page 68 of 280
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Ron Copple, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Jeff Tate, Assistant Director, Community Development Services
DATE: February 7, 2017
RE: Citizen Initiated Proposed Code Amendment – DUC Map Amendment
ZOA16-0006 - Introductory Discussion
Description of Request:
On November 8, 2016 Jeffrey Oliphant, President of the Auburn Professional Plaza, LLC,
submitted application ZOA16-0006 which is a request to the City of Auburn to amend the
“Pedestrian Street” map that is incorporated into the City of Auburn Design Standards for the
Downtown Urban Center zone (Application and Cover Letter attached as Exhibit A).
Specifically, the request is to change a portion of the west side of Auburn Avenue between Main
Street and 1st Street NE from a Pedestrian I classification to a Pedestrian II classification (the
existing adopted map is attached as Exhibit B and highlights the area in question).
Discussion:
The City of Auburn Downtown Urban Design Standards were adopted into law on January 16,
2007 under Ordinance 6071. The Ordinance established new Chapter 18.29 of the Auburn City
Code which includes ACC 18.29.070 that adopts, by reference, the Downtown Auburn Design
Standards. The Standards are a standalone document that is not codified but has the effect of
regulation due to the reference in ACC 18.29.070.
Page 18 of the Downtown Auburn Design Standards displays a map that designates two types
of streets – Pedestrian I and Pedestrian II. Only selected streets within the Downtown Urban
Center Zone have one of these designations. Pages 14 thru 17 of the Standards establish use
and development requirements for “Limitations on Driveways”, “Location of Parking”, “Location
of Drive-Through Lanes”, “Land Use”, “Proximity to Sidewalk”, “Ground Level Transparency”,
“Weather Protection”, and “Pedestrian Orientation” (Pages 14 thru 17 of the Standards are
attached as Exhibit C).
The applicant has indicated that the purpose of their request to change a portion of the west
side of Auburn Avenue between Main Street and 1st Street NE is “to expand the range of
possible uses for this segment of Auburn Avenue, including office use.” As noted in Exhibit C
on page 15 of the Standards, section 1 sets forth a list of uses that may be established along
Pedestrian I streets that is different than what may be established along Pedestrian II streets.
ORD.B Page 69 of 280
Page 2 of 18
Ground floor uses allowed along Pedestrian I streets are limited to retail, restaurant or personal
service uses. Ground floor uses allowed along Pedestrian II streets also allow office and
residential uses when facing the sidewalk. The applicant seeks to change this portion of Auburn
Avenue to a Pedestrian II street so that he may occupy ground floor spaces with office uses.
The following description is provided for current conditions of the subject area as well as
adjacent areas:
Subject Site: Currently, this portion of the western side of Auburn Avenue has two buildings that
face the street. One building is the One Main Street Professional Plaza, formerly known as
Auburn Professional Plaza, which has an existing operating bank (Key Bank) that occupies the
ground floor space that fronts Auburn Avenue, as well as an existing, but vacant one story
former bank building (An aerial and street view of these uses is provided in Exhibit D). A bank
is considered a type of personal service which means that the existing Key Bank is consistent
with the Pedestrian I street standard. The applicant seeks to utilize the vacant, former bank
building site for office space which is not consistent with the current Pedestrian I street
standards, thus the request for map amendment.
Adjacent Site to the East: The eastern side of Auburn Avenue between Main Street and 1st
Street NE is occupied with ground floor spaces such as a retail jewelry store, a theater, and a
vacant former post office. Because the intent of the Pedestrian I street standard is to establish
a range of uses that encourages both day and night time pedestrian activity, the jewelry store
and theater are both consistent with the street designation. The applicant is not seeking to
change the street designation on the east side of Auburn Avenue.
Adjacent Site to the North: On the adjacent property to the north of 1st Street NE is a hospital.
The hospital effectively serves as a terminus to the type of pedestrian activity that is desired for
downtown ground floor commercial uses. In other words, pedestrians seeking retail,
entertainment, eating, or service experiences are typically not going to cross the west side of 1st
Street NE as they seek out those opportunities – they will see that it is a hospital, turn around
and head back to Main Street. Additionally, the north side of the subject property has a street
designation of Pedestrian II.
Analysis:
Main Street and Division Street have been determined to be emphasis areas for promoting
activity that is pedestrian oriented and that encourages both daytime and nighttime pedestrian
activity. These types of businesses include entertainment uses, restaurants, pubs, shops,
gyms, salons, coffee shops, banks, and other similar types of establishments. The intention is
to create, promote and retain a downtown experience where residents and visitors don’t just
visit one merchant and leave, rather they are intrigued to stay and patron multiple businesses
(e.g. have lunch, go to the spa, and stop in a shop or two). The Comprehensive Plan,
Downtown Urban Center Plan, Downtown Design Guidelines, and City Code are consistent in
their emphasis of this objective.
Auburn Avenue is located north of Main Street. South of Main Street Auburn Avenue changes
to A Street SE. All of A Street SE is designated as a Pedestrian II street. Auburn Avenue is
ORD.B Page 70 of 280
Page 3 of 18
designated as a Pedestrian I street from Main Street to 1st Street NE. North of 1st Street NE,
Auburn Avenue does not have a pedestrian street designation. Other than Division Street, no
other north/south bearing street that intersects Main Street has a street designation other than
Pedestrian II.
The existing uses located on the east side of Auburn Avenue (jewelry store and theater) are
consistent with the Pedestrian I designation. In fact, the theater is considered by many to be
one of the primary downtown destinations due to its history and the manner in which the City
Parks Department programs events at the theater. The theater exemplifies the intent of the
Pedestrian I designation.
On the west side of this one block stretch of Auburn Avenue are two parcels that front this
street. One parcel is developed with a newly constructed 3 story professional office center that
already has ground floor occupants that comply with the Pedestrian I land use standards for
both the portion of the building that faces Main Street to the south and the portion that faces
Auburn Avenue to the east. The other parcel is developed with an older, vacant, former bank
building. The applicant is not proposing to change the street designation for the 3 story
professional office center.
The vacant, former bank building (15 Auburn Avenue NE) was constructed in 1963 and was the
previous location of Key Bank prior to their relocation into the newly constructed One Main
Street Professional Plaza. This building has remained vacant for approximately 8 years.
Despite attempts to reoccupy the building, numerous factors have kept it vacant. One of those
factors is the Pedestrian I designation which significantly limits the types of potential tenants that
are eligible to occupy the space.
This building has frontage on two streets – Auburn Avenue to the east (a Pedestrian I street)
and 1st Street NE to the north (a Pedestrian II street). This building already has Pedestrian II
frontage on one side, however, the main entrance to this building and its physical address are
all oriented towards Auburn Avenue. Additionally, the building is situated on the northeast
corner of this city block and more than 100 feet from Main Street. As indicated previously,
directly north of this site is the hospital which presents a distinct change from the pedestrian
oriented type of businesses along Main Street to a more institutional type of use.
The adjacent three story One Main Street Professional Plaza comprises most of this downtown
block, with frontage on Main Street, Division Street, 1st Street and Auburn Avenue. The ground
floor uses all comply with the Pedestrian I and Pedestrian II designations along its respective
streets; this includes medical office use along 1st Street NE. The two upper floors are designed
for and being fully utilized for office use, occupied for medical (clinical) purposes supporting the
adjacent hospital and municipal services.
Conclusion:
Staff concurs with the applicant’s request to modify the map in a manner that changes the street
designation from Pedestrian I to Pedestrian II along the west side of Auburn Avenue for the full
frontage of the vacant, former bank property (King County Assessor Parcel Identification
Number 0492000610). Given the adjacency to the hospital and the distance from Main Street,
staff does not believe that the request detracts from the intent of the Downtown Urban Center
Plan, the Downtown Design Guidelines, or any of the adopted Comprehensive Plan policies for
downtown. Furthermore, staff believes that an office use that occupies this property is far better
than its continued vacancy.
ORD.B Page 71 of 280
Page 4 of 18
Because this request does not conflict with adopted downtown urban center policies or
objectives and the range of allowable uses will continue to ensure a harmonious transition from
Main Street to the regional hospital facility, staff recommends that the Planning Commission
approve the request and forward a recommendation to City Council to adopt the requested map
amendment subject to the following condition:
Not later than fourteen (14) days after adoption by the City Council of the requested map
amendment, the applicant / property owner shall submit a strategy plan to the Department of
Community Development and Public Works outlining alternative site plans and uses for the
subject property. The strategy plan shall be consistent with the adopted City of Auburn
Downtown Urban Design Standards. The strategy plan shall include these milestones: (a)
building permit application submittal not later than December 31, 2017; and (b) property
redevelopment or rehabilitation completion within nine (9) months after building permit issuance
but in no event later than two (2) years after adoption of the map amendment. The strategy
plan shall be subject to review by the Department of Community Development and Public Works
for compliance with the foregoing.
The redevelopment or rehabilitation of the subject property shall be consistent with all City
codes, regulations and standards, including but not limited to City of Auburn Downtown Urban
Design Standards, and shall be vested to the same upon application consistent with the RCW
and City code.
The timelines herein may hereafter be extended from time to time in the discretion of the
Department of Community Development and Public Works for good cause upon the request of
the then property owner, such extension(s) cumulatively not to exceed 180 days except in the
event of casualty or other cause beyond the control of the then property owner.
If the foregoing conditions are not met this segment of Auburn Avenue shall revert to Pedestrian
II unless the Department of Community Development and Public Works approves an alternative
redevelopment/rehabilitation plan.
Exhibit E illustrates the existing map designation and the map designation change that is
proposed by the applicant and recommended for approval by staff.
On February 7, 2017 staff will provide a presentation on this request. Additionally, a Public
Hearing before the Planning Commission is scheduled for the same evening.
ORD.B Page 72 of 280
Page 5 of 18
EXHIBIT A
(Application ZOA16-0006)
ORD.B Page 73 of 280
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Page 6 of 18
EXHIBIT B
(DUC PEDESTRIAN STREET MAP)
ORD.B Page 83 of 280
Page 7 of 18
ORD.B Page 84 of 280
Page 8 of 18
EXHIBIT C
(Downtown Design Standards Excerpts
– Section in Red Text Highlights the
Uses Allowed on Pedestrian I and II
Streets)
ORD.B Page 85 of 280
Page 9 of 18
1. LIMITATIONS ON DRIVEWAYS
Intent: maintain a continuous sidewalk by minimizing driveway access
A. Curb cuts are prohibited on Main Street and also on other
Pedestrian I Streets, unless access from no other street is
available.
2. LOCATION OF PARKING
Intent: reduce the visual impact of parking and enhance
the pedestrian experience
A. Parking shall be located under or behind buildings or within
structures.
B. On all Pedestrian Streets, surface parking lots are not
permitted between the building and the right-of-way.
3. LOCATION OF DRIVE-THROUGH LANES
Intent: preserve a safe and comfortable pedestrian
experience
A. Drive-through lanes are not allowed
between the building and the public right-
of-way on Pedestrian I Streets.
ORD.B Page 86 of 280
Page 10 of 18
1. LAND USE
Intent: ensure a rich, uninterrupted mixture of
lively activities aimed at people on foot
A. Along Pedestrian I Streets, ground floor uses that
face the sidewalk shall be retail, restaurant or
personal service uses.
B. Along Pedestrian II Streets, ground floor office and residential uses are
also acceptable when facing the sidewalk.
2. PROXIMITY TO SIDEWALK
Intent: reinforce an active pedestrian experience along
Pedestrian Streets
A. Buildings along Pedestrian Streets shall be set
immediately at the back of the sidewalk, with the
exception of providing open space for public use such
as plazas, courtyards and seating areas.
B. Water run-off from canopies/awnings should be controlled by gutter or
other means.
ORD.B Page 87 of 280
Page 11 of 18
3. GROUND LEVEL TRANSPARENCY
Intent: strongly encourage that structures provide a visual connection with
pedestrians between activities inside and outside of
buildings
A. Along Pedestrian I Streets, a minimum of 80% of any
ground floor façade (between two (2) feet and 12 feet
above grade) facing a street or public space shall be
comprised of clear, “vision” glass. Placement of office
equipment or other similar items shall not be located
along the clear vision glass façade that would
completely inhibit the visibility into and out of the building
space.
B. Along Pedestrian II Streets, a minimum of 60% of any
ground floor façade (between two (2) feet and 12 feet
above grade) facing a street or public space shall be
comprised of clear, “vision” glass. Placement of office equipment or
other similar items shall not be located along the clear vision glass
façade that would completely inhibit the visibility into and out of the
building space.
C. Along Main Street, doors and windows should reflect the historic Main
Street rhythm of 25-foot wide storefronts.
D. Frosting, tinting, or other similar glass affects that inhibit the visibility into
and out of the building space is prohibited.
ORD.B Page 88 of 280
Page 12 of 18
4. WEATHER PROTECTION
Intent: provide pedestrians with protection from the weather and engaging
exterior space to sit, eat, and walk
A. While canopies, awnings, and other types of
overhangs are not required, canopies,
awnings, and other types of overhangs may be
included if they provide protection from the
weather (including solar protection from radiant
heating or fading), help create an inviting place
for outdoor seating or dining area, or enhance
the feeling of safety through integral lighting.
B. The minimum depth of any canopy, awning, or
other type of overhang must be in proportion to
the use. The vertical dimension between the
underside of the canopy, awning, or other type
of overhang and the sidewalk shall be at least
eight (8) feet and no more than twelve (12)
feet.
C. Canopies, awnings, and other types of
overhangs shall be shed or marquee style,
except that bowed awnings may be used over
arched building entrances and/or windows.
D. Weather protection can be combined with the
method used to achieve visual prominence at
building entrances.
E. Canopies not made of a combined metal and
glass assembly that allows transmission of
light and that extends three feet side-to-side
beyond a door or building opening must have
integral lighting systems, sconce lighting, or
some other additional lighting to prevent dark,
shadow-filled spaces under the canopy,
awning, or other type of overhang.
ORD.B Page 89 of 280
Page 13 of 18
1 . PEDESTRIAN ORIENTATION
Intent: provide signs that activate and strengthen
the pedestrian realm
A.Signs shall be primarily oriented to pedestrians,
rather than people in vehicles. The following
are types of signs that are encouraged along
Pedestrian Streets:
1.Blade signs (projecting over sidewalk)
2.Window signs (painted on glass or hung
behind glass
3.Logo signs (symbols, shapes)
4.Wall signs over entrance.
B.Monuments signs are permitted on pedestrian
streets only if the following are met:
1.The sign is setback from the back of
sidewalk;
2.Does not create a sight distance hazard;
3.Does not block pedestrian access;
4.The sign is providing pedestrian wayfinding
and not oriented to vehicles; and
5.Does not conflict with requirements to meet
the American with Disabilities Act.
C.Signs shall be evaluated with respect to size,
scale, and relationship to other signs, function,
location and other factors.
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Page 14 of 18
EXHIBIT D
(Aerial and Street View Images)
ORD.B Page 91 of 280
Page 15 of 18
2015 Aerial Image:
ORD.B Page 92 of 280
Page 16 of 18
West Side of Auburn Avenue between Main and 1st Street NE
East Side of Auburn Avenue between Main and 1st Street NE
From Auburn Avenue looking west. Stone building is that which would be most affected
by the change. If approved, this building or pad could be occupied with office uses. To
the right of the stone building is 1st Street NE and the hospital property.
ORD.B Page 93 of 280
Page 17 of 18
EXHIBIT E
(Map Comparison)
ORD.B Page 94 of 280
Page 18 of 18
Current Designation Street Designations (Red = Pedestrian I; Blue = Pedestrian II)
Staff Recommendation (Red = Pedestrian I; Blue = Pedestrian II)
ORD.B Page 95 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5270
Date:
February 14, 2017
Department:
Public Works
Attachments:
Res 5270 and Agreement
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5270.
Background Summary:
The contract adopted by Resolution No. 5270 will allow City of Algona to continue to
utilize the City of Auburn’s Decant Facility to dump Vactor waste material on a space
limited basis. The City of Auburn will also supply street sweeping services for the City
of Algona on an as needed basis. Algona also agrees to participate in long term
decant facility improvements.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 96 of 280
RESOLUTION NO. 5 2 7 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF AUBURN AND THE CITY OF
ALGONA FOR DECANT FACILITIES USAGE AND
STREET SWEEPING SERVICES
WHEREAS, the City of Algona has inadequate facilities to handle the waste
materials produced from their public works street sweeping and Vactor maintenance;
and
WHEREAS, the City of Auburn has sufficient capacity at their decant facility to
handle the Algona waste materials and is willing to provide for the proper handling,
processing and disposal of the City of Algona's street sweeper and Vactor truck materials
at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to execute
an Interlocal Agreement between the City of Auburn and the City of Algona for Decant
Facility Usage and Street Sweeping Services in substantial conformity with the
Agreement attached hereto as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Resolution No. 5270
January 3, 2017
Page 1 of 2RES.A Page 97 of 280
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
A1313- ie EDA TO FORM:
i'niel B. He •, City Attorney
Resolution No. 5270
January 3, 2017
Page 2 of 2RES.A Page 98 of 280
CONTRACT FOR DECANT FACILITIES USAGE
Page 1 of 6
CONTRACT FOR SERVICES
BETWEEN THE CITY OF ALGONA
AND THE CITY OF AUBURN
FOR DECANT FACILITIES USAGE
AND STREET SWEEPING SERVICES
THIS AGREEMENT is made and executed by and between the City of Algona, a
Washington municipal corporation, hereafter designated as "Algona," and the City of
Auburn, a Washington municipal corporation, hereafter designated as "Auburn."
WHEREAS, Algona has inadequate facilities to properly handle the Waste Materials
produced as a result of their Public Works street sweeping and Vactor maintenance
activities; and
WHEREAS, Auburn has sufficient capacity at their decant facility to handle the Algona
Waste Materials.
NOW, THEREFORE, for the consideration stated in this Agreement, Algona and
Auburn do agree as follows:
1. PURPOSE
The purpose of this Agreement is to provide for proper handling, processing and
disposal of Street Sweeper and Vactor truck materials, herein referred to as “Waste
Materials” generated by Algona.
2. RESPONSIBILITIES
The City of Algona shall deliver Waste Materials to the decant area of the City of Auburn
Maintenance & Operations facility (hereafter, the “Facility”), currently located at 1305 C
Street SW, during the hours of 7:00 am and 3:00 pm. The unloading of the Waste
Materials by Algona at the Facility is to be done under the supervision of an Auburn
employee at the Facility. Algona will only send operators to use the decant facility that
have been properly trained by Auburn on the safe and efficient use of the facility and
dumping of Waste Materials.
If conditions at the Auburn Facility require, Auburn reserves the right to request Algona
to retain its Waste Materials until such time as the conditions at the Facility allow
Auburn to accept the Waste Materials again. Auburn will give Algona as much advance
notice of these conditions as is practicable. Auburn further reserves the right to reject
any individual shipment of Waste Materials.
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CONTRACT FOR DECANT FACILITIES USAGE
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Auburn will provide for the dewatering and the disposal of the Waste Materials in
compliance with all local, state, and federal permits pertaining to the dewatering and
disposal of such Waste Materials.
3. VOLUME
Auburn shall accept from Algona’s Waste Materials in the following volumes: not to
exceed 20 tons per month or a total of 150 tons per year as measured at Auburn’s truck
scale. Auburn may accept Waste Material from Algona that exceeds these volumes
upon the review of a written request from Algona. All such requests shall be made to
Auburn's Public Works Maintenance and Operations Manager thirty (30) days in
advance of proposed delivery of such additional Waste Materials.
4. COST FOR SERVICES
A. Waste Materials.
Algona shall pay Auburn $30.00 per month base fee for administration costs and $75.00
per ton of Waste Materials for processing, testing and disposal fee (measured as scale
weight). Auburn will bill Algona on a quarterly basis.
B Sweeping Services.
Auburn will provide street sweeping services on an as needed basis to Algona at the
rate of $126.00 per hour for sweeper and operator; this does not include fees for the
handling, processing and disposal of Waste Materials generated from sweeping.
Auburn reserves the right to increase these fees in response to increases in labor,
disposal, and regulatory costs. Auburn shall give Algona at least sixty (60) days’
advance written notification of any proposed fee increases.
5. DECANT FACILITY IMPROVEMENTS
Algona recognizes that the capacity of Auburn’s Facility is limited and that additional
capacity will need to be provided, as both Cities’ waste disposal needs continue to
grow, in order to provide long-term service to Algona.
If Auburn desires to investigate and plan for long-term capacity improvements to the
decant process, including but not limited to improvements to the existing facility,
Auburn shall endeavor to notify Algona and shall endeavor to include Algona in such
investigation and planning, to the extent it is reasonably able to do, in keeping with
Auburn’s intended investigation and planning. By way of example only, and not by way
of limitation, Algona and Auburn contemplate that subsequent amendments or
agreements might address the following types of issues: planning, design and
construction costs for potential improvements to the existing Facility or construction of
a new decant facility. The parties agree that Auburn will act as lead entity in the all
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CONTRACT FOR DECANT FACILITIES USAGE
Page 3 of 6
aspects of any proposed improvement project. Auburn will consult in advance of any
final decisions with Algona for the purposes of determining Algona's future needs and
Algona's desire to participate in funding for an improved facility or a new facility.
6. TERM
The duration of this Agreement shall be for an initial term of three (3) years beginning
January 1, 2017 through December 31, 2019, and may be extended thereafter for an
optional, additional term of three (3) years beginning January 1, 2020 through
December 31, 2022, by written amendment of the Parties, including but not limited to
mutual agreement on proposed changes – increases or decreases – to the cost for
services in Section 4 of this Agreement, not later than sixty (60) days prior to the end of
the initial term. It is further provided, however, that either party may terminate this
Agreement upon providing one hundred twenty (120) days’ advance written notice to
the other party.
7. REOPENER
Either party may request that any provision of this Agreement can be renegotiated by
submitting a written request with fourteen (14) days’ advance notice. Any amendment
of this Agreement shall be in writing and shall be signed by both parties consistent with
Section 13 of this Agreement.
8. HOLD HARMLESS AND INDEMNIFICATION
a. Algona shall indemnify and hold Auburn and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Auburn arising out of, in
connection with, or incident to the execution of this Agreement and/or Algona’s
performance or failure to perform any aspect of this Agreement; provided, however,
that if such claims are caused by or result from the concurrent negligence of Auburn,
its agents, employees, officers and/or volunteers, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of Algona; and provided
further, that nothing herein shall require Algona to hold harmless or defend Auburn,
its agents, employees officers and/or volunteers from any claims arising from the sole
negligence of Auburn, its agents, employees, officers and/or volunteers. No liability
shall attach to Auburn by reason of entering into this Agreement except as expressly
provided herein.
b. Auburn shall indemnify and hold Algona and its agents, employees, officers and/or
volunteers, harmless from and shall process and defend at its own expense any and
all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or
costs, of whatsoever kind or nature, brought against Algona arising out of, in
connection with, or incident to the execution of this Agreement and/or Auburn’s
performance or failure to perform any aspect of this Agreement; provided, however,
that if such claims are caused by or result from the concurrent negligence of Algona,
RES.A Page 101 of 280
CONTRACT FOR DECANT FACILITIES USAGE
Page 4 of 6
its agents, employees, officers and/or volunteers, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of Auburn; and provided
further, that nothing herein shall require Auburn to hold harmless or defend Algona,
its agents, employees, officers and/or volunteers from any claims arising from the
sole negligence of Algona, its agents, employees, officers and/or volunteers. No
liability shall attach to Algona by reason of entering into this Agreement except as
expressly provided herein.
c. Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Auburn and Algona, its officers, officials,
employees, and volunteers, any damages allowed shall be levied in proportion to
the percentage of negligence attributable to each party, and each party shall
have the right to seek contribution from the other party in proportion to the
percentage of negligence attributable to the other party. It is further specifically
and expressly understood that the indemnification provided herein constitutes
the Parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually
negotiated by the Parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
d. AUBURN SHALL HAVE NO LIABILITY FOR, AND SHALL BE HELD HARMLESS
FROM AND AGAINST, ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS ARISING
OUT OF OR RELATING TO THE PRESENCE, DISCOVERY, OR FAILURE TO
DISCOVER, REMOVE, ADDRESS, REMEDIATE OR CLEANUP ENVIRONMENTAL OR
BIOLOGICAL HAZARDS RESULTING FROM ALGONA DELIVERIES OR OTHERWISE
ATTRIBUTABLE TO ALGONA, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO,
MOLD, FUNGUS, HAZARDOUS WASTE, SUBSTANCES OR MATERIALS.
9. RESOLUTION OF DISPUTES AND GOVERNING LAW
a. Alternative Dispute Resolution If a dispute arises from or relates to this Agreement
or the breach thereof and if the dispute cannot be resolved through direct discussions,
the parties agree to endeavor first to settle the dispute in an amicable manner by
mediation before resorting to arbitration. The mediator may be selected by agreement
of the parties. Following mediation, or upon written agreement of the parties to waive
mediation, any unresolved controversy or claim arising from or relating to this
Agreement or breach thereof shall be settled through arbitration. The arbitrator may
be selected by agreement of the parties or through King County court procedures. All
fees and expenses for mediation or arbitration shall be borne by the parties equally.
However, each party shall bear the expense of its own counsel, experts, witnesses and
preparation and presentation of evidence.
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CONTRACT FOR DECANT FACILITIES USAGE
Page 5 of 6
b. Applicable Law and Jurisdiction This Agreement shall be governed by the laws of the
State of Washington. Although the agreed to and designated primary dispute resolution
method as set forth above, in the event any claim, dispute or action arising from or
relating to this Agreement cannot be submitted to arbitration, then it shall be
commenced exclusively in the King County Superior Court or the United States District
Court, Western District of Washington as appropriate. The prevailing party in any such
action before the courts shall be entitled to recover its costs of suit and reasonable
attorneys' fees.
10. WRITTEN NOTICE
All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing. If written notice is provided by
electronic mail (e-mail), then such written notice shall become effective one (1)
business day after it is successfully sent.
11. NON-DISCRIMINATION
Parties shall not discriminate in any manner related to this Agreement on the basis of
race, color, national origin, sex, religion, age, marital status or disability in employment
or the provision of services.
12. SEVERABILITY
If any provision of the Agreement shall be held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to serve the
purposes and objectives of both parties.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. Any
modifications or amendments to this Agreement shall be in writing and shall be signed
by each party.
DATED this ___________day of ______________________ 2016.
CITY OF ALGONA CITY OF AUBURN
RES.A Page 103 of 280
CONTRACT FOR DECANT FACILITIES USAGE
Page 6 of 6
David Hill Mayor Nancy Backus, Mayor
402 Warde Street 25 W. Main Street
Algona, WA 98001 Auburn, WA 98001
ATTEST: ATTEST:
Dianna Quinn, City Clerk Dani Daskam, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney Dan Heid, City Attorney
RES.A Page 104 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5271
Date:
February 13, 2017
Department:
CD & PW
Attachments:
Resolution No. 5271
Existing TIP #55
Proposed Modified TIP #55
New TIP #75
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution 5271.
Background Summary:
The purpose of this Resolution is for the City Council to set a time and date for a
public hearing regarding a proposed modification to the 2017-2022 Transportation
Improvement Program (TIP). The proposed modification is to update a project for
which the City was awarded $400,000 in design and construction phase funding by
the Transportation Improvement Board (TIB), and to add a new project for which the
City was awarded $412,650 for design and construction phase funding by WSDOT.
The projects are required to be in the City’s TIP consistent with the award in order to
obligate the grant funds and proceed with the project.
TIPo5, Auburn Way S Sidewalk Improvements, was newly programmed in the 2017-
2022 TIP. The 2017-2022 TIP was adopted on June 20th, 2016 and is proposed to be
modified now to reflect the secured grant award to provide sidewalks on one side of
Auburn Way South only.
TIPs5, A Street SE Signal Safety and Traffic Operations, is a new project being added
to the TIP to reflect the secured grant award.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 105 of 280
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 106 of 280
---------------------------
Resolution No. 5271
February 23, 2017
Page 1
RESOLUTION NO. 5271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A HEARING DATE IN
RELATION TO AMENDING THE 2017-2022 TRANSPORTATION
IMPROVEMENT PROGRAM OF THE CITY OF AUBURN
PURSUANT TO CHAPTER 35.77 OF THE REVISED CODE OF
WASHINGTON
WHEREAS, the City is required to include projects in the Transportation
Improvement Program (TIP) in order to be eligible to accept grant funds; and
WHEREAS, Revised Code of Washington 35.77.010 requires that the
legislative body of each City is required to prepare and adopt a Comprehensive
TIP for the ensuing six years. The program may at any time be revised by a
majority of the legislative body of a City, but only after conducting a public
hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is for the City
Council to set a time and date for a public hearing to amend the 2017-2022
Transportation Improvement Program, to modify one existing project for which
the City has been awarded grant funding, and to add a new project for which
the City has been awarded grant funding.
RES.B Page 107 of 280
---------------------------
Resolution No. 5271
February 23, 2017
Page 2
Section 2. NOTICE OF HEARING. The Council hereby directs that a
notice specifying the time and place of the public hearing shall be published one
time in a newspaper of general circulation and the notice shall also be posted in
three public places. Such public notice shall precede the public hearing by at
least 10 days.
Section 3. DATE OF HEARING. Pursuant to the requirements of State
law, a public hearing on said 2017-2022 Transportation Improvement Program
will be held on the 6th of March, 2017, at 7:00 p.m., or as soon thereafter as
reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council. All persons
interested in said 2017-2022 Transportation Improvement Program may attend
and testify at said hearing.
Section 4. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 5. EFFECTIVE DATE. This resolution shall be in full force and
effect upon passage and signatures hereon.
DATED and SIGNED this _____ day of February, 2017.
CITY OF AUBURN
RES.B Page 108 of 280
---------------------------
Resolution No. 5271
February 23, 2017
Page 3
_______________________________
NANCY BACKUS
MAYOR
ATTEST:
________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
________________________
Daniel B. Heid,
City Attorney
RES.B Page 109 of 280
RES.BPage 110 of 280
Six Year Transportation Improvement PlanCAPITAL IMPROVEMENT FUND (328)Project Title: Auburn Way South (SR-164) Sidewalk ImprovementsSTIP# AUB-xxProject No:cpxxxxProject Type:CapacityProject Manager:TBDLOS Corridor ID# 4Activity:2016 YEFunding Sources:Prior to 2016Estimate201720182019202020212022Beyond 2022Total Project CostCap. Imp. Fund Balance- - - - - - - - - - Secured State Grant(TIB)- - 77,000 323,000 - - - - - 400,000 REET 2- - 83,000 295,000 - - - - - 378,000 Other(102 Fund)- - - 52,000 - - - - - 52,000 Total Funding Sources: - - 160,000 670,000 - - - - - 830,000 Capital Expenditures:Design- - 160,000 - - - - - - 160,000 Right of Way- - - - - - - - - - Construction- - - 670,000 - - - - - 670,000 Total Expenditures: - - 160,000 670,000 - - - - - 830,000 TIP# 55Description: The project will construct missing sidewalks along the north side of Auburn Way S. The existing sidewalk currently ends to the east of the intersection with 17th Street SE and restarts to the west of the intersection with Muckleshoot Plaza. The sidewalk gap extends for approximately 1,700 feet.Progress Summary:State grant funding was secured in 2016.Future Impact on Operating Budget:There is no impact to the street maintenance budget.BudgetForecast Project Costs1RES.BPage 111 of 280
Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: A Street SE Signal Safety and Traffic OperationsSTIP# AUB-XXProject No:CPXXXXProject Type:Non-Capacity, SafetyProject Manager:TBDLOS Corridor ID# N/AActivity:2016 YEFunding Sources:Prior to 2016Estimate201720182019202020212022Beyond 2022Total Project CostUnrestricted Street Revenue- - 45,850 - - - - - - 45,850 Secured Federal Grant- - 458,500 - - - - - - 458,500 Traffic Impact Fees- - - - - - - - - - REET2- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources: - - 504,350 - - - - - - 504,350 Capital Expenditures:Design- - 103,300 - - - - - - 103,300 Right of Way- - - - - - - - - - Construction- - 355,200 - - - - - - 355,200 Total Expenditures: - - 458,500 - - - - - - 458,500 TIP# 75Description:This project will improve intersection traffic signal timing and operations, corridor coordination, traffic signal head visibility, and ADA accessibility along the A St SE Corridor between 3rd St SE and East Valley Highway Access Road. Progress Summary:Federal Grant was awarded in 2016. Design phase began in 2017 and construction is scheduled for completion in 2018. This project is eligible for full funding for all project phases obligated prior to August 31, 2017. The unbalanced funds budgeted below versus estimated costs is provided to cover the potential 10% match that would be required for phases that are obligated after that deadline.Future Impact on Operating Budget:There is no impact to the street maintenance budget.BudgetForecast Project CostRES.BPage 112 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5273
Date:
February 8, 2017
Department:
Finance
Attachments:
Resolution No. 5273
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5273.
Background Summary:
Seattle-King County Department of Public Health requests to enter into a contract with
the City of Auburn for the Local Hazardous Waste Management Program. King
County has extended $49,019.76 for the City to promote the Neighborhood Natural
Yard Care Program and provide hazardous waste education to residents in 2017 and
2018.
Neighborhood Natural Yard Care Program
Three workshop presentations will be given to the Lakeland Hills neighborhood in
2017 and the neighborhood near the Auburn Adventist Academy in 2018. The
presentations will focus on various yard care techniques that contribute to
environmental health and safety. This grant provides 22% of the $28,000.00 allocated
for this program. The Water and Storm Utilities split the remaining 78%.
Residential Hazardous Waste Education
Household hazardous waste education to residents will include: a postcard, flyer, or
newsletter mailed to residents and a consultant to provide outreach at City-sponsored
events.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:RES.C
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 113 of 280
AUBURN * MORE THAN YOU IMAGINEDRES.C Page 114 of 280
RESOLUTION N0. 5.2 Z 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTFiORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND SEi4TTLE-KING COUNTY DEPARTMENT
OF PUBLIC HEALTM REGARDING THE 2017-2018 LOCAL
HAZARDOUS WASTE MANAGEMENT PROGRAM
WHEREAS, the Seattle King-County Department of Public Health has agreeii to
reimburse the City of Aubum in the amount of $49,019.76 for costs associated with the
City's Local Hazardous Waste Management Program; and
WHEREAS, in order to accept the monies offered by the Seattle-King County
Department of Public Health, it is necessary for the City to enter into a services contract
which speci es the administrative procedures governing the reimbursement of funds
spent in the City's Local Hazardous Waste Management Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Agree.ment between
the City and King County for Local Hazardous Waste Management, which agreement
shall be in subsfanfial conformity with the agreement attached hereto as Exhibit A and
incorporated herein by this reference.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directi4es of this legislation.
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures hereon.
Dated and Signed this day of 2017.
Resolution No 5273
January 10, 2017
Page 1 of 2RES.C Page 115 of 280
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP ED TO FOR .
Daniel B. Heid, City Attorn
Resolution No. 5273
January 10, 2017
Page 2 of 2RES.C Page 116 of 280
EXHIBIT A
Public Health PHSKCAAreement#
COMMUNITY SERVICES
3eattle & King County AGREEMENT i263 EHS
This AgreemeM is between King County and tfie Recipient identified,below.The County
department overseeing the work to be performed in this Agreement is the Department of Public
Health (PHSKC .
R IPIBJT NAME I IPIBQf F A.L TAI(ID?
City of Aubum 91 001228
R IPIBR ADOR63 R6CIPIB R CONTACT&9NAIL ACDR6S
25 W Main St.Joan Nelson
Aubum, WA 98001 998 jenelson@aubumwa.gov
PHSKC dVIS10N PRWBCT TITLE
EHS Local Hazardous Waste Management Program
Af3Fi Yl@R STARf R4TE AGR NB7f Bm MTE AGR H@R AAA%IMIANAMOUM
Jan 01 2017 Dec 31 2018 49,019.76
Fu r c oEra s
Fundina Source PHSKC COMrect# pj Bfeelive0ates
Counry 49 019.76 Jan Ot 2017 TO Dec 3 2018
RINDING SUMMARY
FEDERPL:$0 COUNN: $49,019.76 STATE: $0 OTHER: $0
IS THE RECIPIkNf A SUBRECIPIB-If FOR PURPOSES OF-TFUS AGR IABdT: NO
IXHI&TS. Tfie idlowi ExhibMs are attached and are incwporated IMo this Agreemerit tiy reterence:
EXHIBIT A—Scope of Work
EXFIIBIT B—Budget
Eb-IIBIT C—Iriwice
Inconsitlerationotpaymenls,co nanfs,andagreementshereinaftermentioneG,(otiemadeandpertortnetltiythe
pariias herero,the partles m uluallyagree Mat the Recipient shall provide services and comply with the requgements set
forthinBiisAgreement Th'epartiessigningbelavrepresentthatttieyhavereadandunderslandMisAgreemen(antl
ha e the authority to execute this Pgreement Furlhemioie,in addition to agreeing ro the termsand conditions proHded
herein,by.signing this PBreement,the Recipientcertifies fhatit has read and underatantls ttie Pgreement requiremenLsonthePHSKCwebsite(htq://www.kingcounty.govlFiealth/P reements),and agrees fo complywith all of the Pgreement
Mrms and conditions detailed on that site,inclu0ing EEOMondisaimination,HIPAq Insurance,and Credentialing,as
applicable.
RECIPIENT SIGNATURE PRINTED NAME.AND TITLE DATE SIGNED
PHSKC SIGNANRE PRINTED NAN AND TITLE DATE SIGNED
Fpproeed as lo Form:OFPICE OF THE KING COUNTY PROSECUTING ATTORNE
This fortn is avdilable in altema4e fortnats for people with disabilities upon request.)
1
RES.C Page 117 of 280
KING COUNTY TERMS AND GONDITIONS
1. AqreementTermand7ermination
A This Agreement shall commence on the AgreementStart Date and shall terminate on the
Agreement End Date asspecified on page 1 of this Agreemerrt, unless extended or
terminated earlier, pursuant to the terms and conditions of the Agreement.
B. This Agreement may be terminated by the County or the Recipient without cause, in whole or
in part, prior to the Flgreement End Date;by providing the other party thiriy (30)days advance
written notice of the termination. The/reement may be suspended by the'County without
cause,in whole or in part, prior to the date specified in S ubsec4ion 1:A above, by providing
the Recipient thirty (30) days advance written no4ice of the suspension.
C. The County may terminate or suspend this Agreement, in whole or in part, upon seven(7)
days advance written notice in the event: (1)the Recipient materially breaches any duty,
obligation, or service required pursuant-to this Asreement, or(2)the duties, obligations, or
services required herein become impassible;illegal, or not feasible. If the Agreement is
terminated by the County pursuant to this Subsection 1.C. (1),the Recipient shall be liable for
damages, including anyadditional costs of procurement of similar services from anofher
source.
IF the termination results from acts or omissions of 4he Recipient, including but not limited to
misappropriation, nonperformance of required services,or fiscal mismanagement;the
Recipient shall return to the CouMy immediately any funds, misappropriated or unexpended,
which have been paid to the Recipient by the County.
D. IF County or other expected or actual funding is withdrawn, reduced, or limited in any way prior
to the termination date set forth above in Subsection 1.A, the County may, upon wri8en
notification to the Recipient,terminate or suspend this Agreement in whole or in part.
If the P,greement is terminated or suspended as provided in this Section: (1j the Gounty will be
liable only for payment in accoFdance with the terms of this f reement for services rendered
pFior to Uie effective date of termination or suspension;and (2) in the case of termination the
Recipient shall be released from any obligation to provide such further services pursuant to
the Agreement ; and (3) in the case of suspension the Recipient shall be released from arry
obligation to provide services during the period of suspension and until such time as the
County provides written authorization to resume services..
Funding or obligation under this P greement beyond the current appropriafion year is
conditional upon appropriation by the County Council of sufficient funds to support the
acti rities described in the Agreement. Should such appropriation not be approved, tfiis
Agreement will terminate at the close of the current appropriation year.
E. Nothing herein,shall IimR,waiye, or extinguish any right or remedy provided by this AAreement
or law that either party may have in the e'vent ttiat the obligations, terms,and cond'Rions set
forth in tHis Agreement are breached tiy the other paRy.
2. Compensation and Method of Payment
A The County shall reimburse the.Recipierit for satisfactory"completion of the services and
requirements specifed in this Agreement, payable upon receipt and approval by the County of
a signed invoice in substardially the form of the attached Invoice Exhibit, which complies with
4he attached Budget Exhibit.
B. The Recipient shall submit an inyoice and all ac.companying reports as specified in the
attac.hed exhibits not more than 15 working days after tfie close of each indicated reporting
period. The Couniy shall make payriient.to the Recipient not more than 30 days after a
complete and accurate invoice is received.
z
I
RES.C Page 118 of 280
C. Th_e Recipient shall submit its fnal invoice and all outstanding reports within 30 days of the
date this Agreement term.inates. IF the RecipienYs final invoice and reports are not submitted
by the day speqifed in this subsecfion,the Countywill be relieved ofall liability for payment to
the Recipient of the amouMs set forth in said invoice or any subsequent invoice.
D. When a budget isattached hereto as an exhibft, the Recipient shall appN the funds received
from the County under this Agreement in accwdance wfth said budget. The Agreement may
contain separate budgets for separate program components. The Recipient shall request
prior-approval from fhe County foran amendment to this Agreement when the cumulative
amount of transfers among the budget.c@tegories is expected to exceed 10%of the
Agreement amount in any AAreement budget. Supporting documents necessaryto explain
fully the nature and purpose of the ame.ndment,must accompany each request for an
amendment. Cumulative tCansfers between budget categories of 10%or less need not be
incorporated by written amendment;however, the County musf be informed'immediately in
writing of each such change.
E. Should, in 4he sole discretion of 4he County, the Recipient not timely expend funds allocated
under this Agreement,the County may recapture and reprogram any such under-expenditures
unilaterally and without the need forfurther amendment of this Agreement. The County may
unilaterally make changes to the funding 5ource withou4 the need for an amendment. The
Recipient shall be notfied in writing of any changes in the fund source or the recapturing or
reprograming of under expend'Rures.
F. ff travel costs are coMained in the attached budget, reimbursement of Recipient travel,
lodging, and meal expenses are limited to 4he eligible costs based on the following rates and
criterie.
1. The mileage rate allowed by King GouMy shall not exceed the current Intemal
Revenue Service(IRS) rates per mile as allowed for businessrelated travel. The IRS
mileage rate shall be paid forthe operation, maintenance and depreciation of
individually owned vehicles for that time which the vehicle is used during work hours.
Parking shall be the actual cost:When reMal vehicles are authorized, governmeM
rates shall be requested. If 4he Recipient dces not request government rates;the
Recipient siiall be personaliy responsible for the difference. Please reference the
federal web site for current rates: http://www.gsa.gov.
2. Reimbursementfor meals shall be limited to the per diem rates established by federal
travel requisifions for the host citq in the Code of Federal Regulations, 41 CFR § 301,
App,A Please reference http:Uwww.qsa.pov for 4he current host city per diem rates.
3. Accommodffiion rates shall not exceed the federal lodging limit plus host city taues.
The Recipient shall always requesYgovernment rates.
4. Air Vavel shall be by coach class at the lowest possible price available at the time the
County requests a particular trip. In general, a trip is associated with a particular work
activity of limited duration and only one round-trip ticket, per person, shall be billed per
trip. My air travel occurring as part of a federal grant inust be in accordance wRh the
Fry America Act
3. Internal Control and Accounting Svstem
The Recipient shall establish and maintain a system of accounting and irrtemal controls which
complies with generally accepted accounting principles promulgateH by the FinBncial Ac:counting
Standards Board (FASB),the Govemmental Accounting Standards Board (GASB), or both as is
applicable to the Recipient's form of incorporation.
4. Debarment and Suspension Certification
Entities that are debarred, suspended, or proposed for debarmeM by the U:S. GovernmeM are.
excluded from receiving federal funds and contracting with the County. The Recipient, by signature
3
RES.C Page 119 of 280
to this Agreement, certifes that tlie Recipient is not presenty debarred, suspended,or proposed for
detiarment by any Federal department or agency.The Recipient also agrees that R will not enter
into a sub-agreement with a Recipient 4hat.is debarred, suspended,or proposed for debarment.The
Recipient agrees to no.tify King County in the event R,or a sub-awardee, is debarred, suspended, or
qroposed fordebarment by any Federal department oragency.
5. Maintenance of RecordslEvaluations and Insaections
A The Recipient shall maiMain accounts and records,including personnel, property, financial,
and programmatic records and o4hersuch records as may be deemed necessary by the
County to ensure proper accounting for all Agreement funds and compliancewith this
Agreement.
B. In accordancewith fhe nondiscrimination and equal employment opportunity requirements set
forth in $ection 13.below, the RecipieM shall mairitain the following:
1. Records of employmeM, employment advertisements, application forms,and other
pertinent data, records and information related to employment, applications for
employment or the administration or delivery of services or any other benefits under
this Agreement; and
2. Records,including written quotes, bids, estimates or proposals submitted to the
Recipient by all businesses seeking to participate on this/agreement, and arry other
information necessary to document the actual use of and payments to sub-awerdees
and suppliers in this Agreement, including employment records..
The County may visit the site of the work and the RecipienYs office to review the forego.ing
records.The Recipient shall provide every assistance requested 6y the County during such
visits and make the foregoing records available to the CouMy for inspection arid copying
upon request.The Recipierrt shall proyide right ofaccess to Rs facilities—including those of
any sub-awardee assigned any portion of this AgYeement:pursuant to Section 12—to the
County, the state,and/or federal agencies or officials at all reasonable times in order to
monitor and evaluate the services provided underthis/reement. The Counry will give
advance notice to the Recipient in the case of fiscal audits to be conducted by the Cou nty.
The Recipient shall complywith all record keeping requirements set forth in ariy federal rules,
regulations or statutes included or referenced in the Agreement documents.The Recipient
shall inform the County in writing of the location, if different from the Recipient address listed
on page one of this Agreement, of the aforesaid books, records,documents,and other
evidence and shall notify the County in writing of any changes in location within ten (10)
working days of any such retocation.
C. The records listed in A and B above shall be maintained for a period of siz(6)years after
termination of this AgYeement. The records and documents with respect to all matters coyered
by this Agreement shall be subject at all time to inspection, review, or aud'R by the County
and/or federaVstate officials so authorized 6y law du ing the perFormance of this Agreement
and six(6)years after termination hereof, unless a longet retention period is required by law.
D. Medical records shall be maintained and preserved by the Recipient in accordancewith state
and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160,
and standard medical records practice. If the Recipient ceases operations under this
Pgreement, the Recipient shall be responsible for the disposition and maintenance of such
medical records.
E. The Recipient agrees to cooperate wRh tlle County or its agent in the evaluation of the
RecipienYs performance under 4his Pgreement and to-make available all information
reasonably required by any such evaluation process.The results and records of said
evaluations shall be maintained and discbsed in accoriiancewith RCW Chapter42.56.
4
RES.C Page 120 of 280
F. The Recipient agrees 4hat all information, records,and data collected in connection with this
Agreement shall be protected from unauthor¢ed discbsure in accordancewifh applicable
state and federal law.
6. Comeliance with the Health insurance Portabilitv and AccountabiliN Act of 1996 (HIPAN
The Recipient shall not use protected health information created or shared under this Agieement in
any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its
provisions. Recipient shall read and certify compliancewith ail HIPAA requirements ffi
http://www.kingcounty.gov/heaRhservices/heafth/partners hips/contracts
a,d t
A If the Recipient,for-profit or non-profit, receives in excess of$100,000 in funds during its fispl
year from the County, it shall provide a fiscal year financial statement prepared by an independent
Certified Public Accountant or Accounting Firm within six(6) months subsequent to the close.
of the F2ecipienYs fiscal year.
B. Additional audit or review requi[ements which may be imposed on the County will be passed
on to the Recipient and the Recipient will be requiietl to complywith any such requi ements.
8. Corrective Action.
IF the County determines that a breach of Agreement has occurred,that is,tlie Recipient has failed
to comply with any terms or conddions of tfiis Agreement or the Recipient has failed to p[ovide in
any manner tHe work or services ag eed to herein, and if the County deems said breach to warrant
corrective action,the following sequential procedu e will apply:
A The County will noti$r 4he Recipient in wrifing of 4he nature of the breach;
The Recipient shall respond in writing within 4hree(3)working days of Rs receiPt of such
noffica4ion, which response shall indicate the steps being taken to correct the specified
deficiencies. The corrective action plan shal(specify the proposed completion date for bringing
4he Agreement iMo compliance,which date shall not be morethan ten (10).days from the date
of the Recipienf's response, unless the Courity, at its sole discreGon,specifies in writing an
extension in the number of days to complete the correctiVe actions;
B. The County will notify the Recipient in writing of the County's determination as to the
sufficiency of the RecipienYs corrective action plan. The determin2tion of sufficiency of the
RecipienYs corrective action plan shall be at the sole discretion of 4he CouMy;
C. In the event that the Recipient does not respond within the appropriate time with a corrective
action plan, or the RecipienYs corrective action plan is determined by the Courrty to be
insufficient, the County maycommencetermination orsuspension of 4his Agreement i whole
or in part pursuant to Section 1.C:;
D. In addRion, the County may wRhhold any payment owed the Recipient or prohibR the
Recipient ftom incurring adddional obligations of funds un4il the County is safisfed that
corrective action has been taken or completed; and
E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to
Section 1., Sutisections B, C, D, and E..
9. Disoute Resolution
The parties shall usetheir best,good-faith efforts to cooperffiively resolve disputes and problemsthat
arise in connection wrth this Agreement. Both parties will make a good faRh effort to coMinue without
delay to carry out their respective responsibilities under this Agreement while attempting to resoNe
the dispute under this section.
10. Hold Harmless and Indemnification
5
RES.C Page 121 of 280
A In providing services under this/lgreement, the Recipient is an independent contractor,and
neither it nor Rs officers, agen4s, or employeesare employees of the County for any purpose.
The Recipient shall be responsible for all federel andlor state tax, industrial insurance, and
Social Security liability that may resuR ftom the performance of and compensation for these
services and shail make no claim of career service or civil service rights which may accrue to
a Gounty employee under state or Ixai law.
The County assumes no responsibilily for the payment of any compensation,wages,benefits,
or taxes, by, or on behaff of the Recipient, its employees, andlor others by reason of this
Agreement. The RecipieM shall protect, indemnify, defend and.save harmless the Courity, its
officers,agents, and employees from and against any and all claims,costs,and/or losses
whatsoever occurring or resulting from (1)the RecipienYs failure to pay any such
compensation,wages,benefits;or taxes, and/or (2)the suppying to the Recipient of work,
services,materials, or supplies by Recipient employees or other suppliers in connection wRh
or support of the performance of this Agreement.
B. The Recipient further agrees that it is financially responsible for and wiil repay the County all
indicated amounts following an audit exception which occurs due to the negligence, intentional
act, and/or failure, for any reason,to complywith the terms of this Agreement by the
Recipient, its officers, employees, agents, and/or representatives.This duty to repay the
GouMy shall not be diminished or eutinguished by the prior termination of the Agreement
pursuant to the Term and Termination sec4ion:
C. The Recipient shall protect,defend, indemnify, and save harmless the CouMy, its officers,
employees,and agents from any and ail costs,claims,judgments,and/or awards of damages,
arising out of,or in arry way resuking from,the negiigent acts or omissions of the Recipient, its
officers,employees, sub-awardees andlor agerrts, in its performance and/or non-performance
of its obligations under this Agreement. The Recipient 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,the Recipient, by mutual negotiation,
hereby waives, as respects the County ony, any immunity that would othervvise 6e available
against such claims under the Industrial Insurance provisions of Title 51 RCW.In the eVent
the CouMy incurs any judgment, award, and/or cost arising the efrom including attomeys'
fees to enforce the provisions of this article;all such fees,expenses, and costs shall be
recoverable from the Recipient.
D. The County shall protect, defend, indemnify, and save harmless the Recipient, its officers,
empioyees, and agents from any and all costs,claims,judgments,and/or awards of damages,
arising out of, or in any way resulting from,the sole negligent acts or omissions of the County,
its officers,employees, and/or agents, in its performance and/or non-perFormance of Rs
obligations under this Agreement..The County agrees that its obligations under this
subparagraph extend to any claim,demand, andlor cause of action lirougFit by,or on behalf
of, any of its employces or agents. For this purpose,the County, tiy mutual negotiation,
hereby waives, as respects the Recipient only, arry immunity that would otherwise be
available against such claims under the IndusVial Nsurance provisions of Title 51 RCW.In the
event the Recipient incurs any jud merit, award, and/or cost arising therefrom incluiiing
atto.meys' fees to enforce the prov sions of this article, all such fees, expenses,and costs
shall be recoverable from the County:
E. Claims shall include, but not be limked to, asseitions that use or transfer of software,book,
document, report,film,tape, or sound reproiluction or material of any kind, deli0ered
hereunder, constitutes an infringement of any coPyrigfit, pffient, trademark,trade name,
and/or otherwise resutts in unfair trade practice.
F. Nothing coMained within this provision shall affect and/or after the application of any other
provision contained wdhin this Agreement.
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RES.C Page 122 of 280
G. THe indemnification, protection, defense and save harmless obligations coMained herein shall
surviye the expiretion, abandonment or termination of 4his Agreement.
11. Insurance Requirements
By the date of execufion of this Pgreement, the Recipient shall procure and maintain for the
duration of this f reement, insurance ageinst claims for injuries to persons or damages to properly
which may arise from, or in connection with, the performance of work hereunder by the Recipient,
Rs agents, representatives, employees, and/or sub-awardees.The costs of such insurance shall be
paid by the Recipient or sutrawardee.The Recipierrt m_ay fumish separate certificates of insurance
antl policy endorsements foreach su awardee as evidence of compliance wdh the insurance
requirements of this AgreemeM. The Recipient,is responsible for ensuring compliancewRh all of the
insurance requirements stated herein. Failure by the Recipient, its agents, employees, o(ficers,sub-
awardee, providers, and/or provider subawardees to compty wRh the insurance requiremerds
stated herein shall consti4ute a material breacfi of 4his Agreement. Specfic coverages and
requirements are at http://www.kingcouMy.goylheaRhservices/heaRh/partnerships/contracts;
Recipients shall read and pro ride required insurance documentation prior to the s igning of this
P reement.
12. Assianmenf/Subaareements
A The Recipient shall not assign or sub-award any portion of fhis Agreement or transfer or
assign any claim arising pursuant to this Agreement wifhout the wrihen conserrt of the County.
Said consent must be sought in writing by the Recipienf not less than fifteen (15)days prior to
fhe date of arry proposed assignment.
B. "SuLragreemenY' shall mean any agreement between the Recipient and a sub-awardee or
between sutrawardees that is based on this Agreement, ropvidedthattheterm`5ub-
awardee"dces not include the purchase of(1)support services not related to the subject
matter of this reement, or(2)supplies.
C. The Recipient shall include Sections 2.D., 2.E:, 3, 4; 5,6, 10.A, 10.B:, 10.G., 12, 13, 14, 15,
16, 17, 23, 24, 25, and the Funder's Special Terms and Conditions, if attached, in every sub=
agreement or purchase agreement for services that relate to fhe subject matterof this
Agreement.
D. The Recipient agrees to include the following language verbatim in every su agreement for
services which relate to the subject matter of this AgreemeM:
Sul awardee shall protect,defend, indemnify, and hold harmless King County, fts officers,
empioyees and agents from any and all costs,claims,judgments,and/or awards of damages
arising out of, or in arry way resumng from the negligeM act or omissions of sub-awardee, its
officers,employees, and/or agents in connection with or in support of this Agreement. Sub-
awardee e ressy agrees and understands that King County is a third party beneficiary to this
Agreement andshall have the rigfit to bring an action against sub-awardee to enforce the
provisions ofthis paragraph."
13. Nondiscrimination: Equal Emplovment D000rtuoitV; Pavment of a Livinq Waqe.
The Recipient shall compywith all applica6le federal, stateand local laws regarding discrimination,
inclutling those set forth in this Section.
A During performance of the Ag eement,the Recipient agrees that it will not discriminate against
any employee or applicantfor employment tiecauseof the employee or applicanYs sex, race,
color, marital status,national origin, [eligious affiliation, disability, sexual orientation, gender
identity or e ression or age eucept tiy'minimum age and retirement provisions,unless based
upon a bona fide occupational qualfication. The RecipieM wili make equai employment
opportunily efforts to ensure that applicants and employees are Veated, withotit regard to their
sex, race, color, marital status,national origin, religious affiliation, disability, sexual orientation,
gender identity or expression or age.Additional requirements are at
7
RES.C Page 123 of 280
http://www.kingcounty.gov/heafthservices/health/partnerships/contracts; Recipients shall read
and certiy compliance.
B. Requirements of King County Living Wage Ordinance
In accordance with King County Ordinance 17909, as a condition of award for agreements
beginning on or after April 1, 2015, for senrices with an initial or amended value of$100,000
or more,the Recipient agrees that it shall pay and require all sub-awardees and
subcontractors to pay a living wage as described in the ordinance to employees for each
hour the employee performs a Measurable Amount of Work on this Agreement. The
requirements of the ordinance, including payment schedules,are detailed at
http://www.kingcourriy.gov/operations/procuremenUResources/ordinance-17909.aspx.
Volations of this requirement may result in disqualification of the Recipient frbm bidding on or
being awarded a County agreement or corrtract for up to two years; contractual remedies
including, but not Jimited to, liquidateil dam qes and/or termination of the AgYeement;
remedial action as set forth in pu6lic rirle; arid other civil emetlies and sanctions allowed tiy
law. For purposes of this Section, a"Measurable Amount of Work"is defined as a definRiqe
allocation ofan employee's time that can be attributed to work performed under this
Agreement, but that is not less than a total of one hour in any one week period.
14. Conflict of Interest
A The Recipient agrees to complywRh applicable provisions of K.C.C.3.04. Failure to comply
wRh such requirements shall be a material breach of this Agreement, and may result in
termination of this AAreement pursuant to Section II and subject the Recipient to the remedies
stated therein, or otherwise available to the County at law orin equity.
B. The Recipient agrees, pursuant to KCC 3.04.060, that k will not willfully attempt to secu e
preferential treatment in its dealings with the County by offering any Valuable consideration,
thing of 4alue or gift, wHether in tfie form of services,loan, thing or promise,in any form toany
county official or employee. THe RecipieM acknowledges that if it is found to have Violated the
prohibkion found in this paragraph, its current Agreements with the county will be cancelled
and it shall not be able to bid on any county P reement fo a period of two years.
C. The Recipient acknowledges that for one year after leaving County employment, a former
CouMy employee may not have a financial or beneficial interest in an agreement or grant that
was planned, authorized,or funded by a County action in which the former County employee
participated during County employmeM. Recipient shall identify at tHe time of offer curcent or
former Courity employees indolved in the preparation of proposals or the anticipated
performance of Work if awarded ttie Agreement. Failure to identify cuRerrt w former CourNy
employees involved in this transaction may resuR in the Countys denying or terminating this
Agreement. Aiter Agreement award,the Recipient is responsible for notifying the County's
Project Manager of current or former County employees who may become inyolved in the
Agreement ahy time during the term of the Agreement.
15. Equipment Purchase.Maintenance,and Ownership
A The RecipieM agrees 4hat arry equipmeM purchased, in whole or in part, with Pgreement
funds at a cost of$5,000 per item ormore,when 4he purchase of such equipment is
reimbursable as an Agreemenf budget Rem, is upon ifs purchase or receipt the property of the
County andlor federaVstate govemment. The Recipient shall be responsible for all such
property, including the proper care and maiMenance of 4he equipment.
B. The Recipient shall ensure 4hatall such equipmeM will be retumed to the County or
federeVstate goyemment upon termination of this Agreement unless ofhenvise agreed upon
by the parties.
16. ProprietacvRiahts
8
RES.C Page 124 of 280
The parties to this Pyreement hereby mutually agree that if any patentable or copyrightable material
or article should resuft from the workdescribed herein, all rights accruing from such material or
article shall be the sole property of the County,- The County agrees to and dces hereby graM to the
Recipient, irrevocable, nonexclusive, and royalty-free license to use, according to law, arry material
or article and use any method that may be developed as part of the work under this Pgreement.
The foregoing products license shall not apply to existing Vaining materials, consufting aids,
checklists,and o4her materials and documents of the RecipieM which are modfied for use in the
performance of this Agreement.
The foregoing provisions of this section shall not apply to existing training materials,consuwng aids,
checklists,and other materiats and documeMs of the Recipierit that are not modified for use in the
performance of this Agreement.
17. Political Activitv Prohibited
None of the funds, materials, property; or services provided direcdy or indirecUy under this
Agreement shall be used for arry partisan political activity or to further the election or defeat of arry
candidate for public office.
78. Kina CountvRecvcled Product P ocurement Policv
In accordancewith King County Code 18.20,the Recipient shall use recycled paper, and both sides
of sheets of paper whenever precticable,when submitting proposals, reports, and invoices, if paper
copies are required.
19. Fufure Support
The County makes no commRment to support the services awarded for herein and assumes no
obligation for future support of the activAy awarded herein except as expressy set forth in this
Agreement.
20. Entire AareerimentlVYaiver of DefauR
The parties agree that this Agreement.is the complete expression of the terms hereto and arry oral
or written representa6ons or understandings not incorporated herein a e eiccluded. Both parties
recognize that time is of the essence in the performance of the provisions of this PgreemeM.
Waiver of any default shall not be deemed to tie a waiVer of any subs:equent defauk. Waiyer or
breach of any provision of the AgreemenYshall not be deemed to be a waiver of any other or
subsequent breach and shall not be const`ued to be a modification of the terms of the P reement
unless stated to be such tfirough written approval by the County, which shall be attached to the
original Agreement.
21. Miendments
Either party may request changes to this Agreement. Proposed changes which are mutuaiy
agreed upon shall be incorporated by written amendmerrts to this AgreemeM, Changes to the
Courrty's Agreement numbering system or fund source may be made unilaterally by the County and
without the need for amendment of 4his Agreement. The Recipient shall be no4ified in writing of any
changes in the Agreement number or fund source assigned by fhe CouMy; provided, however, that
tFie total compensation allocated by the Gounty 4hrough this Agreement dces not change.
22. Notices
Whenever 4his Agreement provides for notice to be provided by one party to another, such notice
shail be in wrRing and directed to the chief executive office of the Recipient and the project
reqresentative of the Countydepartmen4 specfied on page one of this Agreement. My time within
which a party must take some action shall be computed from the date that the notice is receiyed by
said party.
23. ServicesProvided in Accordance with Law andRule and Re9ulation
s
RES.C Page 125 of 280
The Recipient and any sub-awardee agree to abide by the laws of fhe state of Washington, rules
and regulations promulgffied thereunder, and regulations of 4he state and federal govemments, as
applicable, which coritrol disposition of funds graMed under this P reement, all of which are
incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or
attachment to this Agreement; the language in the Agreement shall have control over the language
contained in fhe exhibit or the attachment, unless the parties affirmatively agree in writing to the
contrary.
24. Appiicable Law
This Agreement shall be construed and interpreted in accordancewRh the laws of the State of
1Nashington. The venue forany action hereunder shall be in the Superior Court for King County,
Washington,
25. Electronic Processina and Sisinatures
The parties agree that this Agreement may be processed and signed electronically, which if done
so,will be subject to add'Rional terms and conditions found at
https://www.docus iq n.com/companv/terms-of-use.
The parties acknowledge that they have consuRed with their respective attomeys and have haii the
opportunity to review this Agreement. Therefore, the parties e ressly agree that this Agreement
shall be given full force and effect according to each and all of its express terms and provisions and
the rule of construction that any ambiguities are to be[esol4ed agairist the drafting parly sFiall not
be employed in the interpretation of this Agreement.
The parties executing this P reement electronicaly have authority to sign and bind its represented
parly to this Agreement
26. No Third Partv Beneflciaries
Ezcept.for the parties to whom this Agreement is assigned in compliance with the terms of this
Agreement, there are no third party beneficiaries to this Agteement, and this Agreement shall not
impart any rights enforceable 6y any persortor entity tHat is not a party hereto.
END OF COUNTY TERMS AND CONDITIONS
10
RES.C Page 126 of 280
E BTT A
SCOPE OF WORK
CITY OF AUBURN
iiinoi-i2r ir ois
Back2round
Ihe Local Haaardous Waste Managemerrt Plan(hereafter referred to as the"Plad as dated 'm 1997
and 2010,was adopted by tlie parhier agexies(tl Ka g Co mty Sotid Waste Di4'sioq the Seattk
Pubtic UUlrties,the Kmg Courty Water and Land Resoiuces Div'sion and tl Seattle-King Coimty
Departmeirt o.fPublic HeaUh)and the cuies bcated m Kmg Couruy. 'It e Wash gton State Departrnetrt
ofEcobgy a accordance wrth RCW 70.105.220 subsequecrtly approved the Pha 'It C@y's an
active and vahied pazhier u tl e regional Local Haaerdous Waste Managemerrt Progam(hereafter
referred to as the"Progam'.
Itie piupose ofth's F,xtub@ 's to de the rehtionship associated with the Progam's fund'mg ofC@y
activities perforuied w de the auspices ofthe Plan and as approved by the Progam's Managemerrt
Coord'a ation Commrttee(heremafter referred to as the"MCC'. 'Ihis Agee crt fiuther defines tk e
respons b 7dies oftF e Cdy and the Seattle-Ka g Co mty Deparhrerrt ofPubtic Health wdh respect to the
hansfer of Program monies.
Scope of Wo ic
I}e CBy ofAubiun w l assist m the promotion ofnahval yazd caze to ore Aub sn neighborhood
through the Kmg Cowrty Natw al Yazd Care Neighbor}ioods program
Ihe CIly w 71 create and ma newsletters,8yers or postcazcls about tausehokl hazerdous waste to
Aubum reside rts, and also li've a consuBant to provide oirtreact education and presernations at public
eveats.
Resooacibitilies of the Parties
The Citv
1. The Cdy shall develop and submit project proposak and budget requests to the Progam's
Corrtract Ad trator. Funds provided to the Cily by the Prbecam piusuazrt to this Cocitract
shall be used to IInp rrerrt haaardoug waste programs and/or services as approved by the
MCC.
2. 'il e Cily st aD subm@ tunely reunbiusea requests as ciegotiated wrth tt e Contract
Admm'strator. For re6nb useirecrt,tl Crty shall sulimR the fo owmg to the Co act
Adn ufstrator:
a) An mvoice(see Exhbrt C). Irnoices should be se it to the Coirtract Admm'stratbr
for approval and paymern.
City ofAubum I
RES.C Page 127 of 280
b) A briefdescr tion ofactiviry accomplished and fimds expended 'm accordance wrth
the scope ofwork.
c) Copies of rtrvoices far expe @ures or a fmancial statemern prepared by the Crty's
ance deparhne. "Il e Smancial statemeirt should 'mclude vendor names, a
descri tion of services provided,date paid and a check or wazrantniunber.
3. 'Ihe CAy sha notd'y die Cormact Administrator later than December 15`regarding the amo mt
ofo rtstand'mg expendrtwes for which the Cdy has not yet submilted a rem bursemerrt request.
4. It's the respons b ldy oftlie Cily to coinply'wrth ad applicable co uity, state and/or federatreport¢mg
re:quveme wrth respect to the collection.and transfer ofmoderate risk wastes. 'I}e Cdy stiall
report to the CorAract Admmistrator the quantrty,by type, ofmoderate risk waste coDected usmg
Program fwuis. 'Ihe Crty shad also provide 1he Conh act Admmatrator wRh copies ofEPA's Non-
Haaaarrdous Waste Man est or sumlar for associated wrth the transport ofmoderate risk waste
collected through Progre rtfi led evecrts.
5. 1t 8 City 's solely responsible for arry and aD spilk, leaks or other emergencies ar'suig at 1}fioi'l' g
associated wrth the C@y's evecds or u azry other way assoc'rated w@h activrties conducted wRhu the
scope ofUiis Corrtract In the everrt ofa sp or other emergency,the Cdy 's responsble for
compl mig whh all appticable hws and regulations.
6. 7tie C@y agrees to appropriately acknow d the Program m all media produced—part or m
whole—wrth Program fimds. Where feas ble,the Crty w e the Program's bgo. 'Ihe mterrt of
this provision's to fwthe sgengthep t}i's regional parq ership the public's mu.
7. 'I}e C@y agrees to provide the Program wrth copies ofaD media material prod ed for bcal
tazerdous waste managemetrt everRs or activrties that have been fimded by the Program "Ihe Cdy
also agtees to albw the Program to reproduce md'ra material created wrth Program money
provided that the Program credds U e Cdy as the origmator ofthat material
8. 'Ihis project shall be admmistered by Joan Nelson at the C ity of Aubimy 25 W Mam Street,
Auburn,at(253)931-5103,(jeciekon@aubnrnwa.gov)or her desig ee.
9. Questions or concems regard'mg any'ssue associated wRh this Exh brt that cazuwt be handled
by the Comract Admm'strator should be re rred to the LHWMP Progam D'vector for resohrtion
Seattle-Ki County Department of Public Heakh
1. "Ihe Seattle-Kmg Coiuuy Deparnrern of Pubtic Heatrh sha admui'ster,via die attached
Co act,tl e trarisfer ofProgram fimds to U e Cdy for ha rdous waste managetretrt eveMs and
activrties.
2. Wrthm ten(10)workmg days ofreceivmg a request for rertnbiusemetrt from 1fie Cdy,d e
Contract Admm'strator shaIl erther tily the C$y of any exceptions to Hie request which have
been idern ed or shall process the request for paymerrt. If azry exceptions to the request are
made,this sHall be doue b"y wrrtten not cation to tHe Cdy pro4idv g the reason for saoh
exception The CoNract Admu'strator w l not a¢horae payment for activities ancl/or
e endit es that are not u cluded 'm the scope ofwork, mlessthe scope has been amended.
City of Aubum 2
RES.C Page 128 of 280
Ihe Contract Admuiistrator retau s tt e rigirt to wRhl okl all or parfial paymeirt'the City's
uivoices aze mcomplete(e.g. they do not mchade proper docuinernation of expend$trc8s fur
which reunbursemeirt is bemg reqaested)or are not cons'steirt wifh the submitted scope of
work.
Pro¢rnm Contacts
Ly a Ransley Paul ShaIlow
LHWMP Progam Dffector LHWMP Co act Admu'strator
150 Nickerson Street, Su@e 204 401 Fdth Avenue, Surte 1100
Seattle, WA 98109 SeatHe,WA 98iO4
206-263-8241 206-263-8487
Ivnda.ranslevn.kin coiurtv.Qov pauLshalbw(aikinecowiri.kov
City of Aubum 3
RES.C Page 129 of 280
EXHIBIT B
2017-2018 BUDGET
LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM
City of Aubum
25 W Maui Slreet,
Auburn,WA 98001-4998
Com ooentDescri"tion 2017-2018Bud ef Total
Hoiisehold Ha7ardoos 49;019:76 49,019.76
Waste Educarion
ouse o azar us
Waste Collection
TOTAL 49,019:76 49,019.76
Footnote;The 2017-20]8 liudget can be partly or totally spent fii eitheT 2017 and/or 2018 but
cannot exceed the budget total m these rivo years.
City of Aubum
RES.C Page 130 of 280
Public Health 1;
Seattle & King County
FIEIDSMUSTBECOMGLETEDLORPROMVTPAYMEN7VROCESSING
Kin`g.Gounty`Accounts Payable:infiorniatlon -
Iw'uOICC Purchase0rder#
r - SupplferName City.ofAubum
Contrac[Number:1263 Suppller#1033
Ezhibit:C SupplierPaySlteCltyofAulium
Contract Period of Performance: 1/1/17d2/31/18 Remit to,Address
City of Aubum Irt"voice Oate-
25 W Main Street, iluvolceq -_.`"'-' "`
AutiurnWA98001-4998 Amouutto.bePald_=
T._,_____. ._____
Invoice.ProcessingContact:JoanNelson NoCetoAP.,_'_ '
253)931-5103 PaymenT7ype (C.ile One),.,:CHECK,or ACH'
ienelson@auburnwa.ov Printon:Remi[tance
PH,Program.name&phone Paul Shallpw(Y06)2b3-8487
Submit signed hardcopy invoice to:
Paul Shallow
Local Hazardous Waste Management Program
Public Health-Seattle&ICing County
401 Sthp.ve.,Suite 1300
Seattle,WA 98304 SW_rt End
Date Date
In4oice for services rendered under this
contract for the perlod of: 1/1/17 12/31/18
MM/OD/YY
Project Organization Expend Acct Task Award DPH Acct CPA CPDA Amount
Attocti shee[foimultiple POE7As
Expenditureltem 2017,18 Budget Previousty Billed Current Cumulative Balance
HHWfducation_ 49,019J6 549.019J6
HHW.Collection
Total Sa9,019J6 49,019.76
I,the undenlgned,do hercby xrtify under ehe lews of the SGte of Weshing[on penalry of 0«lury,thet thie is e hue and correct cleim for rolmbursement urvlces rendemd.I unEerstanE that
enyfilse clalme,eqtements,tlxuments,ar conttelment of inehrid het mey be prosecuted under appliceble Federel arM Steh lew.This certiflcetlon Includee eny rtbchments which urve
as supportin[documenbtlon[o thiveimbursement roquest.
Subrecipient5igned Date PHAuthorization/Approval Date
Print Name
Far Pu.WtG Health USe,OnIY""' _""""""" `.`.""..
pecelvatl Enterad CM/VlARevlew FMRevlew OffldalfqpyRcvO
o,a
Initlal
RES.C Page 131 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5274
Date:
February 8, 2017
Department:
Finance
Attachments:
Resolution No. 5274
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5274.
Background Summary:
King County requests to enter into an interlocal agreement with the City of Auburn for
the 2017-2018 Waste Reduction and Recycling (WRR) Grant Program. King County
has appropriated $75,698.00 for the City to promote waste reduction and recycling to
businesses, residents, and schools.
The grant funding will be used to support the following: Community Yard Sale, Bulky
Item Collection, classroom presentations, school waste audits, outreach at City-
sponsored events, and business food waste reduction outreach.
This WRR Grant provides a 25% match to Department of Ecology’s Coordinated
Prevention Grant (CPG). WRR funds will provide $5,016.00 to match the remaining of
the 2015-2017 CPG Grant and $11,750.00 to match the 2017-2019 CPG Grant. Both
grants include the Community Yard Sale, school outreach, and outreach at City-
sponsored events.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 132 of 280
RESOLUTION NO. 5 2 7 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND KING COUNTY TO JMPLEMENT THE 2017-
2Q18 WASTE REDUCTION AND RECYCLING GRANT
PROGRAM AND ACCEPTING PROGRAM GRANT FUNDS
WHEREAS, King County and the City of Aubum have adopted #he King County
Solid Waste Management Plan, which includes recycling and waste reduction goals;
and
WHEREAS, in order to help meet these goals, the King County Solid Waste
DiVision has established a Waste Reduction and Recycling Grant Program for ttie
suburban cities; and
WHEREAS, this program provides funding to further the development of local
waste reduction and recycling for Auburn businesses and residents.
NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF AUBURN;
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Agreement be.tween
the City and King Gounty for the 2017-2018 Waste Reduction and Recycling Grant
Rrogram and accepting program grant funds in the amount of $75,698.00, which
agreement shall be in substantial conformity with the ag eement attached hereto as
Exhibit A and incorporated herein by this reference.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures hereon.
Resolution No. 5274
January 10, 2017
Page T of 2RES.D Page 133 of 280
Dated and Signed this day of 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPR D AS TO FORM:
I . Heid, i o ey
Resolution No. 5274
January 10, 2017
Page 2 of 2RES.D Page 134 of 280
n..,, .. . .
I
Exhibit A
CONTI2ACT l 5902696
INT RAG NCY AGREEMENT FOR 2017 and 2018
Between
HING COUNTY and the CITY OF AUBURN
This two-yoat Ittteragency Agreement"Agreement"is executed between King County, a Charter Connty 1
ancl political subdivision of the State of Washington,and the City of Aubum,a municipal corporation of
the Sta4e of Washington,hereinatter teferred to as "County"and"City"respactively. Colleatively,ihe
County and City will be;eferred to as"Party"or"Parties."
PREAMBLE
ICing County and the City of Auburn adoptad the 2001 King County Comprehenaive Solid Waste
Management Plan,whioh includea waste reduction and reoycling goals. In order to help meetthese
goals,the King County Solid Wasta Diviaion has established a wasteroduotion and raoycling;grant
psogram for the cities that operate under the King County Comprehensive Solid Waste Management j
Plan. This program providas funding to ftuthar the davelopment and/or enhancement of local waste
raduction aad recycling projects apd for brosder resource conservafion projects that integrata with waste iraductionandrecyclingprogramsandservices. This gi ant program do.es not fund household ha ardous
waste collection acdvities. Program eligibillty and grant adminishation terms are discussed in the Crrant i
Guidallnas,attached to this Agreament as Bxhibit B. Crrant funding for tlus program is subject to the
b.udget approval process af the King County Council.
3rant funding approved by the King County Council is available to all King County cities that operate
nndeI the King County Compr.ehensive Solid Waste Management Plan.'The City will spand its grant
funds to fu1511 the teims and condidons sat Forth in the scope of work which is attached hereto as Exhibit
A and incorporated herein by reference. The County expects that any information and/or experience
gainad through the grant jirbgram bq the City.will be shazed with the County and othex King County
citlea.
i
I
I. PURPOSE
Tha purpose of this Agreement is to defina tha terms and conditions for funding to be provided to the
City of Auburn by the County for waste reduction end recycling programs end/or sarvices as outlined in
the scope of work and budget attached as Exhibit A.
I
i
I
i
1
RES.D Page 135 of 280
II. RESP.ON3IBILITIES OF THE PARTI 9
Tho responsibilities of the Parties to this Agreement shall be as follows:
A. e Citv
1. Funds provided to the City by the County pursuant to this Agreement shall be used ta provida
wasta redugtion and racycling progzams and/or,services as ouflined in Exhibit A. Tha total
amount of funds available from tlris grantia2017 aud 2018 ahall not exceed$75,698.
2. This Agteement proVides for distribution of 2017 and 2018 grant funds to the City. However,
grant funds aro not availabte until danuaty 1,2017, -
3. During tkris two-year grantprogram,the City will submit a minimuin of twb,but no more thau
eight(8),progrese reports to the County in a,form approved by tha County. Reporte mustba
signed by a City official. These reports will nicluile:
a. a daecription of each activity accomplished pertaining to the scope of work;and
b. reimbursement,requeats with both a Budget Sumznary Report Form which is a4tached -
hereto se Exhibit D and incorporated herein by refarence,and an Expanee Suaicnary Form
which is at#ached hpreto as Fxhibit E snd incozporated herein by reference,unless the City
has a spreedsheet similar to the Expense Summary form alrasdy in use,in which casa the
City is free to use tha4 spreadshoet instead of the Expense Summary Foriu. The,City will
subgtit the form or similaz spreadsheet and not subxnit backup documentaflon forgrent
expenses.. If backup documentation is submittbd, SVJD will not retain it. The city sliall
maintain this documentation in its records.
If the City chooses to submit up to the maxunum of eight(8)prograse reports end requests for
reimbursemerit duriag tha two-year grant piogram,they sha11 be due to the County on the last day
of the month following tha end of each qnarter-Aprll 30,7uly 30,Octobar:31,January 31 -
ezcept for the fmal progreas report and request for reimbursement which shall be due by March
31,2019. -
If tha City chooses to submit the minimuin of two prograes reports end raquests for
reimbursement during the rivo-year.grant program,they ehall ba due to the County by January 31, .
2018 end March 31,2019.
Regardlass of tha number of progress reports the Clty ch8oses to submi;in ordar to secure
raimbursemdnt,tfie City must proVide in writing to the County by the 5'worldng day of January
2018 and Januazy 2019,the dollar am6iuit of out.titanding ezpenditur8s for wluch the City lias not
yet submitted e reimbursemenR request.
4. The City shall submit a final report to the County wlrich summarizes the work completed under
the gtant program and evaldetes the effective iess of the projects for which grant fimds were
utilized, according to the evaluation methods specified in the acope of work. The Snal report is .
due within six(6)moaths of compleflon oP ttie project(s)outlined in the scope of work,but no
later than June 30,2019.
2
RES.D Page 136 of 280
i
5. If the City accepts funding through tliis gi ant program for the provision of wasta reduction and
recycling pmgrams and projects for other incorporated areas of King County,the City shall
explain ttie relationship with the affeoted adjacent city or ciries that allovis for acceptance of tlus
fimding and the specifics of the proposed programs and projects within the scope of work
document related thereto.
6. T'he City:shall be responsible for following all applicable Faderal;Stata and local laws,
ordinances,rules and regnlations in the perFormanca of work described h6rein. The City assures a
thatits procedures are consisteat with laws relating to public contract bidding procedures,and tha i:
County neither iacurs nor assumes any rasponsibility for the City's bid,award or contracting
process.
7. During the performance of this Agreement,neither tha City nor any Pazty subcontracting under r;
the authorityof tius Agre@ment shall discriminate on tha basis of race,color,aex,religion,
nationality, creed,marital status,sexual orientation,aga, or presbnce of any sensory,mental,or
physical handicap in tha employment or application for employment or in the administration or
ddlivery of or access to sarvicas oY any other benefits under this Agraement as definad by I{ing
County Coda, Chapter 12.16. i
8. During tha performance of this Agreement,neither tha City nor any Party subaontracting under
the authority ofthis Agreement shall engage in unfair employment practices as defined by King
County Code,Chapter 12.18. The Ciry shall comply fully with all applicable federal,state and
local Laws,ordinancas,axacurive orders and regulationa that prohibit such discrimination These
laws inclnde,but aze not limiteil to,RCW Chapter 49.60 and TiUes VI and VII of the Civil Rights I
Act of 1964.
9. The City aha11 use racycled paper for tha production of all printed and photocopied documents
related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for
copying and printing and shall use recycled/recyclable products wherever practical.
10.The City shall maintain aacounts and records,including personnel,fmancial,aad pro ammatig irecords, and other such records es may be deemed necessary liy the County,to ensiva proper
accounting fnr all project funde and complianca with tlris A reeinant. All such records shall
sufficiendy and properly reflect all diie t and indirect cbsts of any nature expended and service
provided in the performanca of this Agreement.
Thesa records shall be maintained for a period of six(6)years afler termination hereof nnless
permission to destroy them is granted by the Office of the State Arcluvist in accordance with
RCW Chapter 40.14. These accountv shall lie snbject to inapbcrion,review or audit by the County
and/or byfederal or state officials as so authorized by law.
11. The City shall maintain a record of the use of any aquipment that cosfe more tlian$1,000 and is
purchasad with grant ffinds from King County for a total period of thrae(3)years. The records
sliall be compiled into a yearly evaluarion report,a copy of which shall be submittedto I{ing
Coimty by March 31'of each year through the yeaz 2021.
I
3 4
RES.D Page 137 of 280
12. The Cit agraes to credit King County on all printed matarials pmvided by the County,which the
City is duplicating,for dislribution. Eittier King County's name and Logo must appear oa King
Covnty matcrials(including fact sheets,case shidies,etc.),or,at a minidmin,tlie City will creilit
King C.o.unty for artwork nr text provided by the County as follows: "artwork provided courtesy
of King Couniy Soli3 VJaste Division"and/or"text proVided courtesy of King CountySolid
Vdaste DIvieion."
13. The City agraes to aubmit to tha County copias of all written materials wluch it produces and/or
dnplicates frnr loca7 waste reduction and recycling projacts which hava baett funded through tha
wasta reduction and recycling grantpmgram. Upon raqubst,tlie City agrees to proVide the ,
County with a reproducible copy of any such written materials and authorizes the Cowrty to
duplicate and distribute any written materials so produced,provided thatthe County'eredite the
City for the meteriala,
14. The City will provide the King County Pmject Manager with tha dste sud location of each
Rscycling CoUection Event pcovidecl by tha City, as well as copies of any printed materisls used
to publicize each event,as soon es they are availabla but rio IateT than tfiirty(30)days prior to Uie
avent. If there is any change ia the date or the location of an event,the City will notify the
County a minimutn of thirty(30)days prior to the event. If the event hrochure is required.for
admission to the City's event,the City is exempt from having to proviiie the brochiue to K9ng
County.
15,IF the City accepts fuuding through this grant program for the provisioa of recycling collection
events for adjacent areas of unincozporated King County,the City shall send announcemente of
the events to all residences listed in the a ed upon areas listed in Attachment A. The
asinouncaments and all other printed materials related to these events shttil acknowleclge King
County ae the funding source.
16.Tkiis project shall be admin'rstered by 7oan Nalson, Solid Waste and Recycling Supervisor,City of
Auburn,ox desigaee.
B. The Countv:
1. The County ak all adruinister funding for the waste reduction and recycling grant progism,
Funding is dasignated by city aud is subject to tha King County Council's budget appmval
process: Provided that the funds are allocated through the ICing Cotinty Council's bp8gat .
apprbval "procass, grant funding to tha City will includa a base allocation of$10,000 pet year with
the balanca of funds to be allocateii accoraiag to the City's percentage of IUng County's
residentiel and employmant populaflon. Howavar,if this population based allocation formula
calculation wonld resnit in a city receiving less than$10,000 per year,that city shall receive an
additional allocatibn that would raisa thair total grant fiiuding to$10,000 per year.
4
RES.D Page 138 of 280
4
2. The City of Auburn's budgeted grant funds for 2017-2018 are$75,698.
3. Within forty-five(45)days of receiving a request for re3mbursement from the City,the County
shall either notify the Ciiy of any ceptions to tha request which have bean identified or shall
prbcess tha recjuest for payment. If any ezceptions to the reqnest are made,this shall he done by
written notification to the City providing tha reason for such exception. The County will not.
authorize payment for activitias and/or axpenditures which are not ingluded in the scope of work
and budget attachedas Exlubit A,unless the scope has bcen amended according to 8ection V of w
this Ageemant. King County retains the right to withhold all or partial paytnent if the City's
report(s)and reimbursement request(s)are incomplete(i.e,do not includa proper dooumentation
of expenditiues and/or adequate description ofesch activity described in the scope of work for
which reimburaement ia baing requested),and/or are not consistent with the scope of work and
budget attached as Exhibit A.
4. Tha Gowrty agrees to credit tha City on all printed materiels providad by the City to tha County,
whicli flie County duplicatss,for distriUution. Either the City's name and logo wil]appear on
such materials(including fsct sheets,casa studias, etc.),or,at a minimum,the County will ciedit
th0 City fbr ertwork or text provided by the City as follows: "artwork provlded courtesy of the
Ciry of Auburim"and/or"text prbvicled courtesy of t}ie City of Auburu."
5. Thb County retains tha right to share the written material(s}producedby the City which have
beett funded through tivs program with other King County dities for them to dupliceze and
diatribute, In so doing,the County will encourage othar cides to credit the City on any piaces that
were produced by the City.
6. The waste reduction and recycling grant program shall be administered by Lucy Auster,Project i
Manager,King County Solid VJaste Division,or dasignee.
III. DURATION OF AGREEMEN'T
i
Tiva Agreement shall become affective on either January 1,2017 or the date of execution of tha
Agreement by both the County and the City,if executed after January 1,2017,and shall terminatc on
June 30,?A19, The City shall not incuc ariy new chatges after Dacember 31,2018. However,if
execntion by either Party doea not occur until after Januazy 1,2017,this Agreement allows far
disbursameni of gant funds to the City for County-approved grograms initiated between January 1,2017
and the lstar axecution of the Agraement pxovided that the City complies with tlie reporting requirements
of Seetion II.A of the Agreomeat
s
RES.D Page 139 of 280
IV. 17CRNIINATION
A. This Agreement may ba t6rriiinated by King C.ounty;in whole or in part,for convenience without
cause prior to the termination date apecified in Section III,upori tliirty (30) days advanca written
notice.
B, This Agreement may ba terminated by either Party,in whole or in part,for causa prior to the
tsrmination date apecifiad in Section III,upon thirty(30)days advance written notica. Reasona for
termination for causa may include but not be limited to:nonperformanoe;misuse of fimds;and/or
failura to prbvide gcent related reports/invoices/sistements as specified in Section II.A.3.and Section
II:A.4.
C, If the Agreament is termiu ated as provided in this sectidn: (1)the County will be liable only for
payment in accordance with the terms of this Agiaement for servicas rendarad prior to tha effectiVb
data of termination; and(2)the City shall be releesad&om any obligation to provide further sexvicas
pursuant to this Agreement.
D. NoUvng herein sbell limit,waive,or extinguish any riglit or ramedy provided by this Agi eement or
law that either Party may have in the event that the obligations,terms and conditions set forth ia this
Agraement ere breached by the other Party.
V. AMENDMENTS
This Agreement may be emended oniy by ryrittan greement of both Parties. Amandmattte to scopes of
work wiil oniy be appmvad if the proposed emeadruent ie consistent with 4he most receatly adopted King
County Comprehensive Solid Waste Managemeat.Plan.Funds may be moved betwaen tasks ia the acope
of work,attached as Exhibit A,only upon writtten request by the City and writCen approval by King
County. Such requests will only be approved if the proposed change(s)is(aza)consistent with aud/or
achieves the goala stated in the scope and falls witliin the activities described in the scopa.
VI. HOLD FIARMLL SS AND INDEI1ZNIb'ICA''ION
The City shall protect,indamnify,and hold hannlasa the County, its officers,agents, and eriiplo}+oes firom
and against any and a1l claixns,cosCs,anillor issues whatsoavar occurring from actions By tha Giry and/or
ita subcon aotors pursuant to this Agreement:The City shall defend at its own aiipense any and all
claims,demands, suits,panaltias,losses,dariiages,or costs of any Idnd whatsoevar(hareinafter"clauns")
brdught against the County arising out of or incident to the City's execution of,p.erformance of or failure
to perfor this Agreemen Claims shall include but not be liinited'to assertions that the tisa or h isfer
of any softwaza,book,document,report,film,tape,or sound reproduction or matsiial of aay ldnd,
delivered hereunder;constitutas an in&ingement of any copyright,pate.nt,trademark,trade name,and/or
otherwisa resuJta in unfair trade pracrice.
6
RES.D Page 140 of 280
VII. INSURANC I
A, Tha City,at its own cost,shall procure by the date of execulion of this Agreement and aintain for
the duration of the Agreament, insurance against claims for injuries to persons or damages to
property wluch may arisa from or in connection with pexformance of work pursuant to this
Agieement by tha City,its agants,representatives,employeas,and/or subc.ontractors. The minimnm
limits of this insurance shstl ba$1,000,000 general liability insurance combined single limit per
occuirence for bodily injury,personsl injury;and p;operty damage. If the policy has an aggregate
limit,a$2,000,000 aggregete shell apply.eldy cieductible or self-insured retentions ahall be ttie sole .
responsibility of tlte City. Such inanran g]1 pver the Co mty,its officars,officials,employees, I
and agerits as additional inaureds against liability arising out of activities performedby or on behalf f
of the City pursuaat to this Agreamant, A valid Cartificata of Insurance and additional insured I;'
endorsement is attached to this Agreement as Exhibit C,unlass 5eCtion VII.B, applies.
B. If tha Agency is aMunicipal Corporation or sn agency of the State of Washington and is salf-insured iforanyofthoabovainsurancaraquiremants,a written ac(mowledgement of self-insu=anca is attached
to this Agreement as Exhibit C.
C, If the Agency is a Municipai Corporation oran agency of the State of Washington and is a member of
I
the Washington Cities Insurance Authority(WCIA),a written aclmowledgementicertification of
current membership is attached to this Agreement as Exhibit C.
VIII. ENTIRE CUNTRACT/WAIV R OF DEFAULT
I
Thia Agreement is tha complete expression of the agreamont of the County ead City hereto,and any oral
or written representadons or undarstandings not incorporated herein aze excludad. Weiver of any default
shall not be deemed td be a waiver of any snbsaquant default. Waiver of breach of any provision of tlris
Agreemeat shall not be deemed to ba weiver of sny other or eubsequent breach and shall not lie
cdnstrued to lie a modificadon of the terms of this Agreemant unless stated to be such t6rough wriften
appmval by#he County,wlaiah shall be attached to ttie original Agreement.
II{. TIME IS OF TfIE ESSENCE
The County and City reco"gniza that time is of the assence in tha performanca of this Agreement.
X. SEVERABILTfY
i
If any section, subsaction,santence,ciause or phrase of this Ag eement is,for eny reason,found to be
iinconsritutional or otherwiae invalid by a court of competent jurisdiction,such decision shatl not affect
the validity of the remaining portions.
7
RES.D Page 141 of 280
XI. NOTIG"
Any noAce required or permitted under thix Agreement shall be deemed sufficiently givan or sarved if
sent to the King County Solid Waste I}ivision anil the Gity at the addressas provided balow:
Lucy Auster,Project Ivfanager,or a provided designee
King County 8olid Waste Division
Departrnent of Natural Reso.urces and Parks
201 South Jackson Sireet,Suite 70 Y
Seat#la,WA 98104-3855
If to the City; .
Joan Nelson, Solid Waste and Recycling Supervisor,or a pmvided designee
City of Auburn
25 West IvSain Street
Aubwv,WA 98001
IN VJTTNESS WEIEREOF this Agreement has been executed by each Parry on the dats set forth below:
C Kin¢Couniv
BY
Tit1e) Pat D.McLaughlin,Director'
Solid Waste Division
For pow Constantine,King County Executive
Date Date
g
RES.D Page 142 of 280
v.W.. r: . . .... .... . . y,......... r. . .:
J
EXHIBIT A
CITY OF AT7BURN c
SCOPE OF WORK
2017-2018 SOLID R'ASTE DIVISION
WASTE REDUCTION&RECYCLING GRANT
A. BASIC INFORMATION
1, Applfoant: CityofAu6urn
2. Pro ject Title:City of Auburn Waste Reduction&Recycling Prbgram
3. Grant Manageri Joan Nelson,Solid Waste&Recycling Supervisor
City of Aubum
25 West Main Street
Aubiirii,WA 98001
Phone: (253)931-5103
Fax; (253)876-1900
Email; ienelsanna.aulinrriwa.ebv
4. Project Manager: Kathieen Edman, Solid Waste Cuatoiner Care Specielist
City of Auburn
25 West Main Siaeet
Au6urim, WA 98001
Photte; (253)931-3047
Fax: (253)876-1900 j
Email: kedmann,auburnwa.ov
5. Billing Coordinator: Consuelo Rogel,Financial Analyst
City of Aubain
25 Wes4Main Street
Auburn,WA 98001
Phona: (253)804-5023
Email: cro el ,auburnwa.eov
G. Requeated dollar amount:2017-2018 Grant Award 115,698.00
4 -IS9np Countv Snecial Recycling Events-$ 40,000.00
2017-2018 Total 75,698.00
B. PROPOSED SCOPE OF V4'ORK
Projscta.:
Task#1 Residenti»1 Recycling Education
Task#2 School Fnv3ronmental Education
Task#3 Business Food Waste Reduction &bonation Edacation
Pro ject D anagera: Anbarn's Solid Waste Cdstomer Care Specialist will impleinent and manage the
projects, T'he Solid Waste&Rocycling Supeivisor will manage the sdministration tas s of the Crrant
tindget,reporting,and reiinbursements), Both positions are fully funded by the City of Aubutn Solid
Wasfe Division.
1
RES.D Page 143 of 280
Schedule: January 1,2017 -Decamber 31,2018
Goals: To increase the awareness of and participation in Aub:6m's waste reduct9on and recycling
programs,and to increase waste diversion in tha Residential,School and Business waste streams.
Bacicground•
Residential Community
The City of Auburn provides recycling;waste prevention,and Food scrap collection outreach
and education to residanits through media avenues such as; newsletters,postoards,adverti sidg,
website announcements, social med a,phone messagea,flyers,and recycling avents. The City
also provides an"at home"city•w'ide yard sale opporhznity far single-family and mobile home
park rasidents to promots reuse. The City recognizes the itnportasice of educating its diverse
community ab.out di€ferent methods of w@ste xeduction and recycling and publishes nawaletters
and articles, gives clas room was4e reduction and xecycling presentsxtious, staffs eduoational
tables at comrriunity events,and providas resoutces to residents who ask for assistanca.
Aaburn School District(ASD)
City of Auburn Solid Weste Division continues to work closely with ASD's Reaource
Conserv tion Manager to promote waste reducfion and redyoling in the Adburn aohools. The
ASD is committed to sustainability and sirives xo continue xedueing its waste stream. The Gity
of Auburn provides classroom presentations to.elementary studenta,waste reduction lunohtime
activiGes to secondary students, and participates in various ASD sustainAbility prog ama.
Many Auburn schools participata in the Kirig County F3raen Schools and Washington Green
Schools Progrems.
The City of Auburn has conteacted with the University of Waskington(iJW)to participate in a
pilot project called Livable Cities, Ona of 20 projects,the.Solid Waste Division project will
consist of working with a iJW professbr and students to provide food waste reduetion and
donation outreach to the ASD custodial and kitchen staEf, Callage sludeiits will conduct data
and obaervation tracking on food wasted in school cafeterias;waste.audits, and outreach:and
education to students they contacc aY Yhe vaste audit events. T'he iJW studenta will sum¢iarize
thg 5ndings to be used in support of the King County Green Schaols Food Waste Reduction
andFood Sbare Pilot Projeat and futiire implementxUon n the ASD,
Business CommuniCy
Che City af Aubiu n provides r8cycling,waste prevention, and food scrap colleotian outreach
and education to businesses through mediaavenuos suchas: postcards, advertising,website
announcements, social media,flyers,on-aite visits,and supports the contracted hauler o.ntreach
and education efforts. T'he City recognizes the importance of educating its diversa businass
cottununity and provides amployaes with waste reduction and recycling training and walk-thru
waste auiiits to those who ask t'ot as istance.
Taek#1: Residential Itecvcline Education
A. Progriun!Project Description
Itesidentiel Reaycling,Qutreach&Assistance: The City of Auburn will use different fortns of
media,pres.entations, and promotional iteriisto proinote waste redncdott and recyoling
programs. T7ie City w'tll produce and mail a poatcard to aIl snaglo-family tesidents promoting
information on waste prevention,reuse,and redyclirig. In 2017 and 2018,the City's consiiltant
2
RES.D Page 144 of 280
m,.,_..; .. . .. w_„ ..
will continue providing outreach to residents through the recycle cart check projects and
through community events. The City will also continuc to coordinate Ckuistmas Tree
Recycling and Holiday Styrbfoam Colleotion events eaeh year:
o Residential Communitv Yard Sale: The City will promote waste reduction and reuse by
sponsoring a three-day city-vride yazd sRle for all sittgle-family residents tha.first end second
weak of June(one in north Auburn and one in souih Auburn).
B. Deliverables
Residential Recycline Outreach d'Assistaace: The City will prodube or have professionaIly
produced media pieces,displays,and promotionel itsms,which may include,but are not T
limited to: posters,postcerds,flyers, stickers,environmental tool kits,and decals. T'hese
materials will be used to promote waste reduotion and recycling.
Rasidential Community Yard Sale:The"Yard Sale Kits"available to parCicipants and various
forms of acivertisements will be the dcliverabies.
C. Cxpected Outcomes/Impacts
ResidenUal Recyoling Oulreaah&As"sistance:Postcards,flyers,odvertisements,and social
media announcements will promote upcoming City end Connty events and inform tesidents
about resources avsilable for waste reduction and recycling specific to their homa. The Ciry
will increase awareness of and partioipation in the City's Waste Reduction azid Recycling I
Program. I
e Residentis]Community Yard Sale:Tha city.-wide yard sale will ancourage resiilents to redace
waste and rbusb.
D. Evaluation
Residential Recvcling Outreach&Assistance:The City will record the number of postcards,
ilyers,and articles created and distributed to City of Aubum residents(Single Femily/Duplex
and Mobile Home Park). The City will recbrd the number of displQys and promotional.items
created,displayed or distributed. Recycle cart check resulta before and after outreach is
conducted will determine whether program efforts aze successful.
Residential Cominiinaty Yard Sale: The City tuill record the number of participanCs and the
number of"Yaz•d Sale Kits"distr•ibuted. An online survey will also be conducted,deternininig
the number of items sold or given away.
Task#2:-School nvironmental Educadon
A. Program/Project Deacription
School Proerams &Presentations: City staff and e consultant wil]continue to provid.e Waste
Reduction&Recyclin and Worm Composting presentations to elementary sohool classrooms
and ottier schools upon request.
e Livable Cities Proiect:A consultant wip work with the Auburn School District Resource
Conservation Manager(RCM)on waste;aduction and recycling programa for the schools. City
stafPwill work with the UW professor and sfudents to promoto food waste reduction.
B. Doliver$bles
School Programs&Presentations:The uutnbex of classrobm presentations and lunchtime
activities rvlll be a deliverable and the amount of matetials recycled at the Auburn Schools will
also be a deliverable. Pre-,and po t-c;lassroom ptesentation surveys will ba completed,
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RES.D Page 145 of 280
Livable Cities Proiec;t; The type of food materials thrown away and obsarvation of behavior
data w'tll be the deliverables.
C, .xpectod Outcomes/Impacta
School Proaranas&Presentations: City staf£and the consultant will proraote valuable lessons
about waste reduction and recycling to students and teachers. These lessons will then be shared
with parents and.may influenca purchasing and disposal dacisions.
Livable.CitiesProieot: City staff and college students will promote food weste reduction and
recycling to students and will track data and observations,supporting the idea o£a Food Share
Program implementation in the ASD.
D, EyaluaHon
School Propxatns&Presentationsi The CiTy will racord the niimber ofclassroom preaBnWtions
andlunchtime activities given to Auburri students, The pre-andpost-classroom presentation
surveys will datermine the effecrivenass of the information presentad. The amount of materials
recycled at each school will be tracked by ihe RCM.
Livable Cities Proiect:The City and UW students will record the type of food materials ttirown.
away and obsarvations of behaviar. Final information will be summarized for each waste audit
event
Task#3: Business Food Wsste Reduction-&Donation Education
A. Program/Project Description
Rusiness Food Woste Reduction&Donadon Outreach&Assistance: The Cjty of Auburn will
use diffeient forms.of inedia and employee trainings to promote food waste,reduction and
donaflon programs. The City wi11 produce end mail a postcard to all food distritiutors,
marinfacturer and restaurazrts promoting information on food waste prevention and donation.
B. Daliverabies
Iiusinesses Food Waste Reduction&Donation Outreach&Assistance; The City will produce
or have profesaionally produced madia pieces,signage,postsrs,and labels. The City will also
purchase indoor food waste collectioa containers and decals. These materials will b:e used to
promote food weste reduction and donation.
C. Espected OutComes/Impacts
Biisineaaes Food Wast Reduction 8c Donation Outreaeh&Assistance: Media pieces,signage,
posters,and labels will promote food waste rednction and in.foim businesses and erimployees
about resources available for food waste reductiaa end donadon specific to their businesses.
The City will increase awareness of and pArticipation in tfie City's Food W aste Reduction and
Donation Program.
D. Evaluation
Businesses Fooci Wasta ReductiQn 8i Doriation Outreach&Assistance-The City will record
the number of postcazds,flyers, aigns,labels, and posters created and distributed to City of .
Aubum businesses. The City will regord the nutnber of indoor food waste containers and
decals distributed w Auburn businesses.
4
RES.D Page 146 of 280
i
I
C. PROPOSED BUDGET i;
2017 2018
Taek#1 ResidenHal Recvcline
Residentiel Iteoycling Outreach&Assistance 16,392.60 2,670.40 i
Residenrial Community Yazd Sale 1,625.00 1,625.00
Total Tssk#1 518,017.60 4,295.40
Task#2 Scliool Environmental Education
Schools Progam Outreach 8i Asaistarice 16,750.00 2,625.00
Livable Cities Project 5,000.00 0.0
Total Taslc#2 21,750.00 2,625.00
I
Taslc#3 Bnsinass Food Waste Reduction&Donafion Educallon
Business FoodWaete Outresch&Assistance 12,000.00 12,000.00
Business Food Weste Outreach- Supplies 2;505:00 2,505.00
Totul Task#3 S14S05.00 14,505.00
TOTAL 2017-2018 GI2ANT FUNI)ING 54,272..60 21,425.40
I
i
5
RES.D Page 147 of 280
i
2017-2018 CITY OF AUBURN-KING COUNTY 1NRR GRANT
Maximum Eli ible 2017-18 Funds 115 698.00 0
Less S eclal Re blin E4e,,,nts 4 10 00D each 40 000:00
r1.. :a.iiC,e4nLt Yilk'>`.;'L 4.vv.
x."'vJy..A: 1in,1'', '4 V\ n.,L•Ni.'..
Match for CPGxPro ecta 26%of CPG 16 848.20
Ad usted Eli ible Funds for WRR Pro ecta SS8 849.80 x;
R
i .5}. ..',;.":5.,a ,:.. . .. - ; : ,. r_. S, .`..,.:
Promotlon&OutreBch: ti..
Outreach Meterials ' 1,206.90 1;170:40 ;;'
Purc ases Total E1,2Q6:90 51,170.40 :
Consuitant&Contract 8arvicas:
Provide waste reduction outreach and conduct recycle cart checks. 9,000.00 0.00
Co sulta 9,000.00 a:oo
uuo• hl i i'li C i7+ '
t ,i u i. a'C "1 n,Ul
f!'`Ik:d 7 Sti Id.kdRG`e,`IVI lC hJ. ,.; . . , . ,1: v„e r.i..«rz a.` .,: .. . „
Promotlon 8 Outreach:
Outreach Materiats 185.70 0.00
Purchases Total Ss>1Bb.70 0.00 ;
Consaltent&Contracf Servi es:
Provitle waste reductfon outteach And conduot reoyole cert checke. 3,000.00 1,50D:00
c ta - ba,000.ao E1 soo:oo
b 5 v.\ x2 x y u,r ,A \ Y o '.` 'i
Yt$r6.,iR,A'';i'{'u;„ h7,=!i 3 5'c''r`' ,` `;.
Promotlon&Outreacfi:
Promotlon Ads and Materlals 1,626.00 1 825.00
Purc ea o I 7 625.00 7 625.00
Task#1 Total 18,017.60 4,296.40
I.::RES.D Page 148 of 280
P
n.. . 1
Purohases:
Presentatlon and waste eudit materlals 750.00 750.00
Purcheses Totat 750.00 T50.00
Corisultanf Ser'vtces:
Provlda cia§sroom presentations,(3rd grade),'school tiuilding waste 12,000,0 O.OD
audlts, recycle stsrt-ups&tune-upa, staH tralriings aod promote King
County School Progrems and Washington Green Schools Progrems.
Livable Citles Sohool OUVeach 6;000.00 0:00
ConsulWnt Total 17 000.00 0.00
r'
e:-.
Y''`?
r, n. . ..
Purchases:
Presenta8on and waste 9udit mete lals 250.OD 0:00
Purchasas Total 269.00 5.00
Consultant Services:
Proyltle"alassroom presentations(3rd grade), school buiiding waste 3,750.00 1,875.00
audits,.recycle¢G rt-ups&tune-ups, staff trainings and promote King
Counry School Pragrams and Washington Oreen Schools Pingrams.
C aukant otel 3 760.00 51,875,00
Task#2 Total 27;750:00 2;625:00
r ..,, ., .. ... r 4R .rix S: . .. 9::4.yi1 t..r.i. ....3 .
Purchases:
Containere&Su iles 2 505.;00 2505.00
Purchases Total 2,S05AA 2 506.00
Consultant&Contrecl3ervices:
Provide business food waste reduotlon tralnings and waste eudits. 12,000.00 12,000.00
Track business erticl atfon end diverefon data.
C t 12 000.00 12-000.00
Task#3 Total S14 505.00 14 505.00
s
2017-2016 Total 76 688.00
RES.D Page 149 of 280
I
xhibit B
2017-2018 Grant Guidelines
Program Eligibility:
Grant funds may be ysed for a variety of Waste Raduction&Recycling(V R/R)-related programs,
including resideatial and commercial waste reduction and recycling education programs,business
assiatance programs;and special recycling eveirts. Cities may aLso use the'tr funds on broader resource
conservation prograrns,as iorig as tliey are part of an overall Wlt/R program. Cities may choose to use
their funding on one pro ram or a combination of programs. For WI2/R program ideas,please refer to
the&sts below.
Please note theseiieta are not exhaustive,but merely intended to provide aome guidance on what
ie/ian't el gible. Cities may also refer to the currently adopted King County Comprehensfve Solid
Waste Management Plsn Por direction in program developmen If you are unsure if your
propoaed program is eligible for funding,please contact Lacy Auster at 206-477-526$or I
luev.aaster(,kinecouniv.eov.i
ligible for t5tnd.ing:
School WR/R education/implementation programs
Kitohen fooii waste composting programs
Reusable bag promotions
Yard waste subscziption promotions
Outreach at community avents i
Promoting new and existing WR/!t programs through media,mail,and socisl neriVorking
Business recognition programs
Recyeling Collection E ents(RCEs),including collecdon of tires and mattresses
Household battery collection and recycling(no lead-adid batteries)
Busiqess and residential WR/R edµation and communicatiqns
Product stewardship initistives-aould ba education programa or worldng with other
agencies/organizations/businessas to irriplement prograsns
City recycling ptograms and facilitios
Videos promoting WR/R programs
The following are eligible for funding on a case-by-caee basis,as long ae part of an ovorall VVR/R
program. However,the County would.not provide reimbnrsamen_t if,for exsmple,sU of a city's
grarit doRars were uaed to sell/give away raln burrels or dlstribute compaet fluarescent llght
6ulbs.
Water consarvaflon-i.e.rain barrels
Energy conservation
e VJater quality:integrated pest management;cotch basin filters
Demonstration gardens; interpretive signage;recycled-content park flu nishings
2017-2018 WR/R C3rant
1I.RES.D Page 150 of 280
The followin are not e ble for fnndin :
e Collacdon of gazbaga,except for residual gaz6age related to tlie collection of recyclablea.
Collaction of any household hazardflus wsste itams including,but not limited to:
Treated wood.
Paint
Lead acid batteries
Oil;gttsolina,and antifreeze
Fluorescbntlights
o Household Hszerdous Waste(HHVJ)education programs
Cities shoulil pursua fiznding for HHW aollection or education programa tlirough the I iag County
I.ocal Hezarclous Waste ArIetlagamant Program(LHWIvIP)or the Washington 3tate Department of
Ecolo Coord3nated Prevention Grant CPO Pro ram.
Grant Adminiatration:
Requests for Refmbursement:
Cifles may choose to submit one reyuest for reimbursenient per yeer during the fianding dycle,dua no
later then Mazch 20,2018 and March 19,2019. Howeyar;ci8ea may submit requostg for
reimbursament as frequeuUy as quartcrly. Z7ie Budget Summsry R6port Form(Attaclunent A)must be
used whan submitting request4 for reimbursement.
By the 5'worlqng day of Jannary 2017 and January 2018,cities must notify tLe Solid Waste
Division(SWD) of their total expenditvies for work that has been completed W-date,bnt for
which reqneats for reimbursement have not yet been sabmitted.
Progress and Final Reports:
Pro esa reports describing program activities,accomplialimenta,end evaluarion results nead to
accompany each request for reimliursement. A final raport dascrlbing tha outcome of grant-funded
activities is due with the fittal requast for reimbursament. I however,the city doas not hava the
results of its program evaluation by the end of the grant cycle,the final narrative report may be
submittod no later than six months after the and of the grant cycle(Juna 30, 2019). (Note:The final
request for reimbursement would still need to be submitted by March 19,2019.)All progress and Snal
xaports need to be aignad by a city official. Signed reports ariay be scanned and emailed.
Amendmeists:
Formal amandments to gzsnt Interagency Agreeuments(IAAs) are not necessary unlass the city wishes
to maka aignificant changes to its scope of work and/or budget. Tn ganaral,a significant change would
be one in wluch the city wishes to add or delete a task from the.ir acope of work. A minor change,such
as moving dollazs between taske,would only zequire written notification,which may be submitted via
e-mail. HoweVer,the city should contacrSWD whea considaring changes to their scopes and budgets
to detarmine if a formal amandment is neaded.
Z
RES.D Page 151 of 280
Exhibit C
VVL1
r
w i i
Insurance Authority r.o. aox aeo3o
nakwua, wa 9si3s
17-7sn-17 Cert#: 10644
Phnne:20G•575•604b
ICing County'Solid Vaste Di%teron
ttn: LueyAuster`-Fro,eeeMa get Acix:206 575-7426
201 S Jacksoa St,Ste 701
Seattle,WA 98104
RE: City'of 2tnbu
Waste I2eduction&Itecyciiu Grant Agreeme nt-ulract 59U26'96
Evidence of overage
The above captiaaed entity is s member of the Washingtoa i ies Iua uaace Auihority
WGIA),whiclz is a salf insured paol o#'over 160 public en ities in the Stata•uf
Washingtoa.
WCIA has at.least$T millian peraecUttenee limit:of`Iisb ility aoverage in its seFf
insured layer that may be applicab3e in"flie ei nt an inaideat occnrs that,is deemed to be
aktribated to the negligenca of the member.
WCIA was created by an interlocel agreement amang pabSic e titiEa fficd liabiiity is self
fiinded by the memhership. rLs Yhere is nv iasuxance policy in oived an3 WGI is:noi
aa iusiarance company;Yonr orxanizaCion caut of be iamett as+tgi additional fnsured,
Sinoarz2Y,
C..i5
Brio B.Larson
Deputy Diractm
cc: Rob Roscoe
Josu N lson
clttta
RES.D Page 152 of 280
Eacltibit D
BUDGET SUMMARY REPORT FORM I
2017-2018 Waste ReducHon&Recycling Grant Program
fz
City:Date:
Address: Phoae:
f
Invoice#:
Report Period:
Prepaxer's Nazne: Contract#:
Total amount requested this period:
Total amount previously invoiced:i
Origirial interlocal amount:I
I
Total amount charged to date:
mount romaining for complotion of intedocal: i
Scope of Work Cprrent A riouiit
TasI . Description Budget Qiiarter Previously Remaining
ask/tide) Gosts Iavoiced Balazice
1
2.
3
4
5 i
6
i
TOTAT,S i
For ICing County Use i
Contract# 0 I
Project 1126942 Org 720122 Exp,Acoount 54150 ' Tesk 22.000
Pi rchase Order# Rqquiaitioulf Raca9pt
Supplier# 5uppliar Paq 3ite. Invoice# Paymant Type
Total cliazgea thla peTiod arq approved for payment $
Projact Manager; Data
I
RES.D Page 153 of 280
EzLibit E
King Connty Waste Re aNion Recycling Grant Ezpense Summarp Form
2017l2018 Grant G cte
Gtty of
Roimbarsement Reqnest#
Date
Con4act#
i
f
f
RES.D Page 154 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5275
Date:
February 8, 2017
Department:
Finance
Attachments:
Resolution No. 5275
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5275.
Background Summary:
City financial management policies, which are approved as part of the Biennial
Budget, provide for issuance of interfund loans with approval from Council. Interfund
loans provide operational flexibility to cover authorized expenditures, such as when
the City is awaiting reimbursement of expenses from grants, the collection of user fees
such as vehicle license fees, or receipt of tax credits.
Council approval of Resolution No. 5275 will authorize the City’s Finance Department
to prepare an interfund loan, if and when it may be needed, from the General Fund
and/or the Cumulative Reserve Fund to a fund or funds supported by grants, fees, or
tax credits in the event the City is awaiting reimbursement of federal, state or local
grant funds, collection of user fees, or receipt of tax credits. The authority is limited to
$2.5 million and the resolution is effective for 3 years through February 2020, at which
time its authority will lapse.
Council authorization is requested to enable the aforementioned flexibility in managing
the City’s short-term funding needs in the street programs, Community Development
and Block Grant Fund, and Local Revitalization Area Debt Service Fund.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:RES.E
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 155 of 280
AUBURN * MORE THAN YOU IMAGINEDRES.E Page 156 of 280
RESOLUTION NO. 5 2 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER OF
FUNDS FOR THE PURPOSE OF MAKING LOANS FROM ?HE
GENERAL FUND AND/OR THE CUMULATIVE RESERVE FUND
TO FUNDS SUSTAINED BY GRANTS, FEES, OR TAX CREDITS
SUSTAINED OR PROJECT FOCUSED SPECIAL REVENUE
FUND FOR UP TO A THREE-YEAR PERIOD OF TIME
WHEREAS, there may be insufficient funds available from time to time
during fhe period February 2017 to February 2020 in a fund orfunds supported
by grants, fees, and/or tax credits, such as the street funds, the Community
Development and Block Grant Fund, or the Local Revitalization 2010 C&D
Bond Debt Service Fund, herein referred to as a "Grant, Fee, or Tax Credit
Sustained Fund" to cover authorized expenditures while the City waits for
reimbursement of federal, state and Iocai grant monies which have been
approved for allocation to the City and for which contracts have been executed,
or fo.r the collection of use.r fees, such as vehicle license fees, or forthe rec.eipt
of tax credits from the State of Washington; and
WHEREAS, the General Fund and/or 4he Gumulative Reserve Fund
have su cient funds from which to transfer funds in an amount not to exceed
TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
2,500,000.00) for the purpose of making loans to cover authorized
expenditures in a Grant, Fee, or Tax Credit Sustained Fund; and
WHEREAS, in the event a loan is made from the General Fund (Fund
No. 001) and/or the Cumulative Reserve Fund (Fund No. 122) to a Grant, Fee,
Resolution No.5275
January 17, 2U17
Page 1 of 3RES.E Page 157 of 280
or Tax Credit Sustained Fund as provided above, the loans shall be interest
free.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. Aufhorizafion is hereby given during fhe time
period February 2017 to February 2020 for the transfer of funds to a Grant, Fee,
or Tax Credit Sustained Fund, when there are insufficient funds available
therein to cover authorized expenditures while the City waits for federal, sfate
and local grant monies or user fees which have been approved for allocation to
the City and for which contracts have been executed, or for the collection of
user fees, or for the receipt of tax credits, in an amount not to exceed TWO
MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
2,500,000.00) from the General Fund and/or the Cumulative Reserve Fund
for the purpose of making an interest free loan.
Section 2. Implementation. The Mayor is hereby aufhorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
DATED and SIGNED this day of 2017.
Nancy Backus
MAYOR
Resolution No. 5275
January 17,2017
Page 2 of 3RES.E Page 158 of 280
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
D ' I . eid
City Attorney
Resolution No. 5275
January 17;2017
Page 3 of 3RES.E Page 159 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5278
Date:
February 14, 2017
Department:
Finance
Attachments:
Res 5278
Budget Impact:
$0
Administrative Recommendation:
City Council to approve Resolution No. 5278
Background Summary:
Resolution No. 5278 levies the 0.1% sales tax credit against the state sales tax for
annexation of the Lea Hill Area. Washington State Senate Bill 6686 authorizing the tax
credit was passed by the state legislature during the 2006 regular session. The intent
of the legislation was to provide financial assistance to cities with Planned Annexation
Area (PAA's) that did not produce revenues sufficient to cover the costs of urban
levels of services. The tax credit will provide funding, along with the other revenues of
the area, to provide those services.
The City moved forward with the annexation of Lea Hill based upon the availability of
this tax credit. Cities wishing to take advantage of this tax credit incentive had to
commence annexation prior to January 1, 2010. The tax credit is available to the City
for up to 10 years and is limited to the maximum of a 0.1% credit against the state tax
or the difference between the City's cost to provide, maintain, and operate municipal
services for the annexation areas and the general revenues that the City receives
from the annexation area during a given year. The tax credit began July 1, 2008 and
will sunset June 30, 2018.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:February 21, 2017 Item Number:RES.F
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 160 of 280
AUBURN * MORE THAN YOU IMAGINEDRES.F Page 161 of 280
RESOLUTION NO. 5 2 7 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
CITY OF AUBURN TO IMPOSE A SALES AND USE
TAX AS AUTHORIZED BY RCW 82.14.415 AS A
CREDIT AGAINST STATE SALES AND USE TAX,
RELATING TO ANNEXATIONS
WHEREAS, this is not a new tax but a reallocation of the sales tax already
collected by the state which will then be remitted to the City to assist with funding
the costs of the newly annexed area; and
WHEREAS, in accordance with Chapter 35A.14 RCW, on the 16th day of
January, 2007 and on the 16th day of April, 2007, the City Council of the City of
Auburn, Washington, passed its Resolution Nos. 4138 and 4176, respectively,
calling for special elections to be held in connection with the primary election on
August 21, 2007, at which election the question of annexation was presented to
the voters of the Lea Hill Annexation Area; and
WHEREAS, the notice of intention to annex was filed with the King County
Boundary Review Board and subsequently approved; and
WHEREAS, in accordance with Chapter 35A.14 RCW the annexation was
put to a vote of the people in the annexation area on August 21, 2007; and
WHEREAS, the King County Records, Elections and Licensing Services
Division, on September 5, 2007, certified that the referendum had been approved
by the voters; and
WHEREAS, following a favorable vote on the annexation proposition, the
City Council of the City of Auburn, Washington, adopted its Ordinance No.
6121, on September 17, 2007, annexing said Lea Hill Annexation Area, an
Resolution No. 5278
February 15, 2017
Page 1 of 3RES.F Page 162 of 280
annexation area that has a population of at least ten thousand people; and
WHEREAS, the City Council of the City of Auburn, Washington, finds and
determines that the projected cost of at least $7,406,976.00 to provide municipal
services to the annexation area exceeds the projected general revenue
estimated to be $3,673,397.00 that the City would otherwise receive from the
annexation area on an annual basis;and
WHEREAS, pursuant to RCW 82.14.415, the City is authorized, under the
circumstances of this annexation, to impose a sales and use tax as authorized
with that tax being a credit against the state tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. The Auburn City Council does hereby
authorize the City's Finance Director to set the threshold for imposing the sales
and use tax credit at $3,733,500.00 for the Lea Hill annexation area.
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.
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 2017.
CITY OF AUBURN
NANCY BACKUS, MAYOR
Resolution No. 5278
February 15, 2017
Page 2 of 3RES.F Page 163 of 280
ATTEST:
Danielle E. Daskam, City Clerk
APP' •VEDA TO FORM:
04-A0
J
eis CiAttorney
Resolution No. 5278
February 15, 2017
Page 3 of 3RES.F Page 164 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5280
Date:
February 8, 2017
Department:
City Attorney
Attachments:
Resolution No. 5280
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5280.
Background Summary:
The City of Auburn Police Department finds itself periodically required to call tow truck
operators who will need to move or relocate a vehicle parked in an area, which for
public safety or other reasons, needs to be moved. The obligation for such costs
would be born by the vehicle owner, however, where the police department is involved
in contacting the tow truck operators, it is appropriate that the tow truck operators
enter into contracts with the City committing to certain standards and requirements for
such services.
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:February 21, 2017 Item Number:RES.G
AUBURN * MORE THAN YOU IMAGINEDRES.G Page 165 of 280
RESOLUTION NO. 5 2 8 0
A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF
AUBURN; WASHINGTON, APRROVING AND AUTHORIZING
THE EXECUTION OF POLICE DEPARTMENT TOW
COMPANY ROTATION LIST AGREEMENTS
VVMEREAS, the City of Aubum has a variety of tow companies operating within
its corpo ate limits; and
WHEREAS, there are occasions when the City of Aubum Police Department
needs to call, on a citizen's behalf, a tow company to have a vehicle removed from its
current location, sometimes for traffic safety but sometimes for other purposes, whereby
the obligation and responsibility for the tow payment would belong to the vehicle owner,
and
WHEREA3, in those instances where the Auburn Police Department would be
calling a tow company on another person's behalf, it is appropriate that a mechanism,
which would include agreemeMs with qual ed tow truck operators, be put into place so
that those matters could be handled expeditiously and conveniently for all concerned.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That Tow Truc.k Rotation List Agreements in substantially the form of
the copy of which is attached hereto marked as "Exhibit A" and incorporated herein by
this reference, be, and the same here.by are, approved for use by the Police Department
and identifying •the qualified tow truck operators who would be called on a rotational
basis for those instances where police department representatives woufd need to call
on a citizen's behalf to have a vehicle moved from one location to another.
Section 2. The Mayor is hereby authorized to implement such administra4ive
procedure.s as may be necessary to carry out the directiVes of this legislation.
Resolution No. 5280
January 26, 2017
Page 1RES.G Page 166 of 280
Section 3. This Resolution shall be in fuil force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
ATTEST: NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP O ED TO FORM:
niel B: Heid, ity Attor
Resolution No. 5280
January 26, 2017
Page 2RES.G Page 167 of 280
Exhibit"A"to Resolution No. 5280
CITY OF AUBURN
AGREEMENT FOR TOW CALL ROTATION LIST
THIS AGREEMENT made and entered into on this day of 2017,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as "City"and hereinafter referred to as the
Contractor."
WITNESSETH :
WHEREAS, the City is seeking vehicles towing services operating within Aubum for a
rotation list to be called when a police officer comes across the situation whete a citizen's vehicle
must be towed or moved; and
WHEREAS, the Ciry has selected ttie Conuactor to perform such services pursuant to
certain terms and condi6ons; and
WHEREAS, the Contractor is qualified and able to provide such services and is willing
arid agree.able to provide such services upon the terms and conditions herein contained; and
WHEREAS, as part of the considerarion of being selected to provide such services, the
City is asking tkiat the Contractor agree to provide towing services upon the terms and conditions
herein contained when summoned by the City's Police Department on behalf of or at the direction
of the owner or operator of a vehicle, or is such other circumstances when vehicles need to be
moved in connection with a police response or accident; and
WHEREAS, as further part of the consideration of being selected to provide such services,
ttie City is asking that the Contractor agr8e to assist law enforcement in the City and in the
surrounding area by determining whethar an abandone.d or impounded vehicle is stolen prior to
towing that vehicle,so that law enforbement can be alerted to stolen vehicles as quickly as possible;
and
WHEREAS, the Contractor is a registered tow truck operator (RTTO) per Chapter 46.55
of the Revised Code of Washington (RCVI and is willing and able to provide the services
described herein.
NOW, THEREFORE, based on the mutual benefits provided herein, and consideration of
placement on the City of Auburn Police Tow Rotation List,the parties hereto agree as follows:
1. Time for Performance and Term of A reement.
T'he Tenn of this Agreement shall commence on the date hereof and run for a period of one
yeaz; provided, this Agreement shall autoinatically renew for subsequent one-yeaz periods
upon the anniversary of the date of execution unless one party provides the other with
written notice ofits intent not to renew at least thirty days prior to said anniversary date.
Page 1 of 17RES.G Page 168 of 280
2.Administration of Aereement.
This Agreeinent shall be administered by _ on behalf of
the Contractor, and sha11 be administered out of the Contractor's billing office located
within the City of Auburn, Washington, and 6y Bob Lee.Chief of Police, on behalf of the
City.
3.Scone of Services.
The Contractor agrees to perform in a good and professional manner the fasks describ.ed
on Exfiibit"A" attached hereto and incorporated Herein by tliis reference, which sha11 be
individually referred to as a "task," and collectively referred to as the "services." The
Contractor shall perform the services as an independent contractor and sha11 not be deemed,
6y birtne of this Agreement and the performance thereof, to have entered into any
partnership,joint venture, employment ar other relationship with the City.
4. Additional Services.
From time to tiine hereafter, the parties hereto may agree to the performance by the
Contractor of additional services with respect to related work or projects. Aiiy such
agreem.ent(s) shall be set forth in writing and shall be eicecuted by tke respectiye parties
prior to the Conh actor'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 addendum (agreement for additional services), such addendum shall be
incorporated into this Agreement and sha11 have the same force and effect as if the terms
of such addendum were a part of this Agreement as originally executed. The performance
of services pursuant to an addendum sHa11 be subject to the terms and conditions of this
Agreement except where the addendum provides to the conirary, in which case the terms
and conditions of any such addendum shall control. In all other respects, any addenduiu
sHall supplement and be construed in accordance with the terms and conditions of this
Agreement.
5. This Contract Not Exclusive. The Contractor agrees that the City may at its sole option
enter contracts with one or more other tow companies for the services contemplated and
described in this Agreement.
6.Contractor's Representations.
The Contxactor hereby represents and warrants that the Contractor has all necessary
licenses and certifications to perform the services provided for herein, and is qualifie.d to
perform such services.
7. Acce table Standards.
The Contractor shall be responsible to provide, in connection with the seryices
contemplated in this Agreement, Work Product and services of a quality and professionel
standard acceptable to the City.
8.Compensation.
The Contractor sha11 chazge and be compensated by the person(s), compariy(ies) or
entity(ies)responsible for such charges at the rates specified on Exhibit"B"attached hereto
and made a part hereof, as follows:
Page 2 of 17RES.G Page 169 of 280
a.The City shall compensate the Contractor at the rates specified on said Exhibit"B"
for any City vehicles towed or stored upon reguest of authorized City personnel.
The Contractor shall submit to the Ciry an invoice or statement of time spent on
those tasks or services set forth in Exhibit "A" for which the Contractor seeks
payment. The City sha11 process the invoice or statement in the next billing/claim
cycle following receipt of the invoice or statement, and shall remit payment to the
Contractor thereafter in the normal cowse, subject to any conditions or provisions
in this Agreement.
b. Unless agreed to in writing prior to the tow of a vehicle, the City shall not be
responsible for towing, storage, or iinpound fees for any vehicle not owned or
ogerated by the Ciry, including non-impound vehicles towad or stored upon request
of the City's Police Department and impotinded vehicles; provided, for vehicles
impounded for evidentiary purposes, the City shall pay such towing, storage, or
impound fees that accrue from the time of impound until the City of Au6urn Police
Departcnent r8leases its hold on such vehicles; and further provided, should a court
of wmpetent jurisdiction rule that an impound was improper, the City shall
compensate the Contractor for such towing, storage, or impound in an amount
found by said court.
c.For ariy tow, storage,or impound fee not paid by the City,the Contractor may seek
compensation from the owner of said vehicle at the rates specified on Exhibit"B,"
and may take such other steps as may be authorized by law to obtain compensation.
d.The requiremenu hereof are supplemental and in addition to any requirements
imposed on tow truck operators by federal, state and/or local law, including, but
not limited to the provisions of Chapter 46.55 of the Revised Code of Washington
RCV, Towing and Impoundment.
9. Work Performed at Contractor's Risk.
T'he Contractor shall take a11 precautions necessary for, and sha11 be resp.onsible for, the
safety of its employees, agents, and subcontractors in the performance of the work
hereunder and shall utilize all protection necessary for that purpose. All work shall be done
at the Contractor's own risk, and the Contractor shall be responsible for any loss of or
damage to materials, tools, or other articles used or held for use in connection with the
work.
10. Stolen Vehicle Check. Prior to towing any impounded or abandoned vehicles from its
existing location to the Contractor's Storage Lot or any other destination, the Contractor
shall check the vehicle's identification nuinbers ("VIN") against the Washington State
Crime Information Center ("WSCIC") and the National Crime Information Center
NCIC") stolen caz databases, regazdless of whether such tow is undertaken pursuant to
this agreement or is undertaken for any other customer either within or outside of the City
of Auburn. Should the VIN of any such vehicle appeaz in either the WSCIC or NCIC
database as stolen, the Contractor shall notify the Antiurr Police Department apd/or any
other law enfotce.ment agency with jurisdiction over the vehicle's location or responsibility
over the impound prior to towing the vehicle.
Page 3 of 17RES.G Page 170 of 280
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. Continnation of Performance.
In the event that any dispute or conflict arises between the parties while this Contract is in
effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor
shall conunue to make a good faith effort to cooperate and continue work towazd successful
completion of assigned duties and responsibilities.
13. Notices.
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be served either in peison or by ceRified mail, return receipt
requested, at the following addresses:
Citv of Aubum Contractor
Auburn City Hall
25 West Main
Aubum, WA 98001-4998 Auburn, WA
253) 931-3000 FAX (253) 931-3053
All such notices or communications shall be effective upon the date of receipt.
14. Insurance.
The Contractor shall procure and maintain for the duradon of the Ag"reement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, or employees.
a.Minimum Scope of Insurance. Contractor shall obtain insurance of the
types described below:
1) Automobile Liabiliri insurance covering all owned, non-owned,
hired, and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 O1 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2) Commercial General Liabilitv insurance shall be written on ISO
occurrence form CG 00 Ol and shall cover liability arising from
premises, operations, independent contractors; products-completed
operatidns, stop gap liability, and personal injury and advertising
injury and liability assumed under an insured contract. Tlie
Commercial General Liability inswance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03
Page 4 of 17RES.G Page 171 of 280
11 85. T&ere shall be no endorsement or modificauon of the
Commercial General Liability insurance for liability arising from
explosion, collapse, or undergroiind property damage. 1'he City
shall be nacned as an additional insured under the Contractor's
Commercial General Liability insurance policy with respect to the
work performed for the City using ISO Additional Insured
Endarsement CG 20 10 10 Ol and Additional Insured-Completed
Operations endorsement CG 20 37 10 O 1 or substitute endorsements
providing equivalent coverage.
3) Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
b. Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
1) Automobile Liabilitv insurance with a minimum combined single
limit for bodily injury and property damage of $1,000,000.00 per
occurrence, $2,000,000.00 aggregate.
2) Commercial General Liabilitv 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.Other Insurance Provisions. T'he insurance policies aze to contain, or be
endorsed to contain, the folloaing provisions for Automobile Liability,
Professional Liability, and Commercial General Liability insurance:
1) The Contractor's insurance coverage sha11 be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of tfie
Contractor's insurance and shall not contribute with it.
2) The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by eithe.r party except after thirty (30) days'
prior written notice by certified mail, return receipt iequested, has
been given to the City.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
e.Verification of Coverage. The Contractor shall fumish the City with
documentation of insurer's A.M. Best raUng and with original certificates
and a copy of amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance
requirements of the Corisultant before commencement of the work.
Page 5 of 17
RES.G Page 172 of 280
f.Subcontractors. The Contractor shall include all subcontractors as insureds
under its policies or shall fumish sepazate certificates and endorsements for
each subcontraotors. All coverages for subcontractors shall be subject to a11
of the same insuranc,e reguirements as stated herein for the Contractor.
g. No Limitation. Contractor's maintenance of insurance as required by the
agreement shall riot be construed to limit the liability of the Contractor to
the coveiage provided by such insurance; or otherwise limit the City's
recourse to any remedy available at law or in equity.
15. Indemnification.
The Contractor shall indemnify defend and hold harmlessthe City and its officers,officials,
agents and employ8es,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 act or omission of the Contractor,its officers,agents,employees,or any of them relating
to or arising out of the performance of ttus Agreement. If a final judgment is rendered
against the City, its officers, agents, employees and/or any of them, or jointly against the
City and the Contractor and their respective officers,agents and employees,or any of them,
the Contractor shall satisfy the same to the extent that such judgment was due to the
Contractor's negligent acts or omissions.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees, arid volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence. It is furd er
specifically and expressly understood that the indemnification provided herein coristitutes
the Contractor's waiver of immuni.ty under Industrial Insurance, Title 51 RCW, solely for
the puiposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall siirvive the expiration or termination of this
Agreement.
16. 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 IiabiliTy or obligation under this Agreement,or to cause any such liability or obligation
to be reduced to a secondary liability or obligation.
17. Amendment Modification or Waiver:
No ainendment, modification or waiver of any condition, provision or term of this
Agreement shall be valid or of any effect unless made in writing, sigried by the party or
parties to be bound, or such party's or parties' duly authorized representative(s) and
specifying with particularity tlie nature and extent of such amendment, modification or
waiver. Any waiver by any party of any default of the other party shall not effect or impair
any right arising from any subsequent default. Nothing herein shall limit the remedies or
rights ofthe parties heieto under and pursuant to this Agreement.
Page 6 of 17RES.G Page 173 of 280
18. Termination and Suspension.
Either party may terminate this Agreement upon written notice to the other parfy 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 temunate this Agreement upon not less than seven(7)days written notice to
the Contractor if the services provided forherein are no longer needed from the Contractor.
The City may also terminate this Agreement immediately if the Contractorbreaches this
Agreement or fails to comply with any of its terms or provisions.
If this Agreement is terminated through no fault of the Contractor,the Contractor shall be
compensated for services performed prior to termination in accordance with the rate of
compensation provided in Exhibit"B"hereof.
19. Parties in Interest.
This Agreement shall be binding upcJn,and the benefits and obligations provided for herein
shall inwe to and bind, the p.arties 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 with or exist for the
benefit of any third party, including contractors, sub-contractors and their sureties.
20. Costs to Prevailina Partv.
In the event of litigation or other legal action to enforce any righu, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
21. Apnlicable 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 King County, Washington; provided, however, that it is agree.d and understood
that any applicable statute of limitation shall comxnence no later than the substantial
completion by the Contractor of the services.
22. Cavtions Headines and Titles.
All captions, headings or rides in the pazagraphs or sections of this Agreement aze 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 partic.ular paragraph or sections to wHich they apply.. As
used herein, where appropriate, the siagulaz shall include the plural and vice versa and
masculine, feminine and neuter expressions stiall be interchangeable. Interpretation or
construction of this Agreement shall not be affecte.d by any determination as to who is the
drafter of this Agreement,this Agreement having been drafted by mutual agreement of the
parties.
23. 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 Agreemant.
Page 7 of 17RES.G Page 174 of 280
24. Entire Aexeement.
This Agreement contains the entire understanding of the parties hereto in respect to the
transacfions contemplated hereby and supersedes all prior agreements and understandings
between the parties with respect to such subject matter.
25. Coianteraarts.
This Agreement may be executed in multiple counterparts, each of which sha11 be one and
the same Agreement and sha11 become effective when one or mare counterparts Have been
signed by each of the parties and delivered to the otfier party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective ttie day and year first set forth above.
CITY OF AUBURN CONTRACTOR
Nancy Backus, Mayor By:
Attest:
Danielle E. Daskam City Clerk
Approve to fo
D ' B. Heid, City Attomey
Page 8 of 17RES.G Page 175 of 280
EXHIBIT A
SERVICES & SCOPE OF WORK
Scope of Services.
1.The Contractor shall tow, store,protect, and release or othenvise dispose of:
a.Vehicles ordered impounded by the Police Department.
b. Vehicles otherwise ordered to be towed by the City's Police Department.
c.Vehicles requested to be towed by the City's Police Department on behalf of a
vehicle's owner and/or operator, who has no tow company preference. The next
available contractor will be selected from a towing rotation list of City-licensed
tow companies that have entered into a City of Auburn Agreement for Tow Call
Rotation List,
d.Any City vehicles requiring towing services upon request of authorized City
persorinel.
2.The Contractor shall provide such ancillary services as set forth herein, as directed by the
City, including, but not limited to tlie following:
a.Compliance with all applicable business and business licensing requirements of the
City, State or other governmental body with jurisdiction over activities of the
Contractor and Contractor's bnsiness(es); and
b.Prompbtimely payment of all assessments, costs, fees and taxes due in connection
with Contractor's business(es).
3.The Contractor shall have the following equipment on hand for use in performing the
contract:
a.Sufficient Vehicles: Contractor sha11 kave a sufficient number of tow trucks of
adequate size and capacity, togethei with operating personnel, to respond to requests for
services within the times specified herein, including the following:
i) Class A and Class E Tow Tnxcks. By ownership,lease, purchase confract,
the Contractor shall have at least one (1) Class A tow truck and one (1)
Class E tow truck with drivers on call at all times.
ii) Class "B" Tow Truck. By ownership, lease , purchase contract, the
Contractor shallat all Umes have available the use of a heavy-duty tow truck
as defined by WAC 204-91 A-170 relaring to Class "B" tow trucks as now
enacted or hereafter ainended,together with a driver skilled and licensed in
its operation.
iii) Class "C" Tow Truck. By ownership, lease, gtirchase contract, or
temporary use agreement; the ConVactor shall at all times haue available
the use of a heavy-duty tow truck as defined by WAC 204-91 A-170 relating
Page 9 of 17RES.G Page 176 of 280
to Class"C" tow trucks as now enacted or hereafter amended,together with
a driver skilled and licensed in its operation.
b. Tow Trucks must be approved and certified by the Washington State Patrol as set
forth in WAC 204-91A-O50 and170 and vehicles must reflect the appropriate signage per
WAC 308-61-115, and must comply with any other applicable law, statute, or rule as now
enacted or hereafter amended.
c.Telephone. T'he Contactor shall have telephone equipment and service in proper
working order at iu dispatch facility twenty-four (24) hours per day for sending and
receiving calls.
d. Facsimile. The Contractor shall have facsimile equipment and service in proper
working order at its dispatch facility twenty-four (24) hours per day for sending and
receiving facsimiles.
e.Two-Way Communication. The Contractor shall have two-way communication,
including the following:
i) Radio.The Contractor shall provide two-way radio
communications equipment and service in proper working order between
its dispatch facility and each tow truck used to impound vehicles pursuant
to this Agreement, and/or
ii) Cellular Phone. The Contractor shall provide two-way cellular
communication equipment and service in proper working condition to its
dispatch facility and to each tow truck us.ed to impound vehicles pursuant
to this Agreement.
4.Facilities. The Contractor shall have the following facilities available for use in performing
the contract:
a.Dispatch Facility. T'he Contractor shall provide a staffed dispatch facility twenty-
four(24) hours per day seven(7) days per week, which shall be capable of receiving City
requests for vehicle impound, towing, or redemption; verifying vehicle impounds and
vehicle impound information; and dispatching personnel and equipment to the site of a
requested impound or tow. From 8:00 a.m.,to 5;00 p.m:,excluding weekends and holidays,
the Contractor shall maintain an in-house dispatcher. From 5:00 p.m. to 8:00 a.m. the
Contractor may utilize a hired dispatch service.
b.Offices and Storage Lot. The Contractor shall, at all times, maintain its billing
offices and a storage lot within the corporate limits of the City of Auburn,and shall provide
its local storage lot complying with alI applicable laws, statates, rules, and regulations,
including zoning regulations, and no more than one-half mile walking distance from a bus
route.
c.Delivery. Except as otherwise directed by the City, or its authorized represeritative,
vehicles impounded pursuant to this Agre.ement shall be towed directly to the local storage
Page 10 of 17RES.G Page 177 of 280
lot. Privately-owned non-impound vehicles shall be towed to the location specified by the
registered owner ar other person responsible for the vehicle, or to the nearest storage lot if
no other location is specified.
d. Physical Conditions and Securiry. The Contractor's storage lot will be kept
surfaced, graded, drained, liglited, in accordance with City codes, and free of
obstacles and hazazds at all times, so that persons redeeming vehicles have safe and
corivenient access to the vehicles. The Contractor shall provide adecjuate security
at its storage lot to prevent loss or damage to vehicles or their contents. All such
lots shall be screened and fenced in accordance with state law and city ordinances,
gates shall be securely locked at all times when an attendant is not on duty on the
premises, and all vehicles shall be locked, if possible. The Contractor shall also
cocnply to the extent reasonably possible with other or specific requests for security
measures by the Police Department.
e.Sheltered Space. The Contractor shall provide adequate shelter at its storage lot for
motorcycles,open convertibles,or other vehicles open and exposed to the elements,
and will store such vehicles under the shelter when reasonable or necessary to
protect such vehicles.
Approval Required. The storage lot will be subject to the initial and continuing
approval of the Chief of Police or designee, with respect to meeting the
requirements of this Agreement.
5. Personnel. The qualifications for the Contractor's personnel employed in performing this
Agreement shall be as follows:
a.Skill and Supervision. The Contractor shall employ only persons competent and
skilled in the performance of the work assigned to them and shall provide skilled,
responsible supervisions and Vaining for such persons.
b.License and Insurance Required. Any person operating a tow truck on behalf of
the Contractor shall have a valid Washington Drivers License, shall have all
licenses necessary to operate a tow truck in the State of Washington, and shall be
insured according to the terms of this Agreement and legal requirements applicable
to the indushy.
a Courtesy. The Contractor and its agents and employees shall be courceous at all
times when performing work under this Agreement. The use of abusive, inde.cent,
offensive, coazse or insulting behavior or language during the performance of this
Agreement shall be deemed a Viola6on of this Agreement.
d. Appeazance. During the performance of this Agreement, the Contractor's
personnel shall maintain a professional, personal appeazance, shall be dressed in
clothing approved by the Contractor,and shall be free of excessive dirt, grease,aad
grime. The failure of tow hvck operators to present themselves in a neat, clean and
professional manner while performing pursuant to this Agreement shall be deemed
a breach of this Agreement.
Page 11 of 17RES.G Page 178 of 280
6.Procedures. The Contractor sliall institute the following procedures in performing the
Agreement:
a. Caze and Skill. The Contractor shall use reasonable caze and skill in towing and/or
impounding vehicles and will not damage tliem through lack of reasonable caze.
b. Response Time. The Contractor shall dispatch a tow truck to the location specified by the
City immediately upon receiving a request for impound/tow. A tow truck of the proper
class shall arrive at the site of impound/tow within twenty (20) minutes of the time the
Contractor receives the impound reque.st. In the event a Class C tow truck is necessary, a
Class C tow truck shall arrive at the site of the impound/tow witliin thirty(30) minutes of
the request. The Conhactor shall immediately report any delay in response time due to
heavy traffic volume or otherwise.
c. Storage. All vehicles shall be handle.d and returned in substantiality the same condition as
they existed before being towed. The Conuactor will not store any towed and/or
unpounded vehicle on public streets, public property, or any place other than an approved
storage lot.
d. Notice to Legal Owners. When a vehicle is impounded,the Contractor will notify the legal
owners pursuant to the re:quirements of RCW 46.55.110 and all other applicable laws,
statutes, rules, regulations, or City ordinances as now enac.te.d or herea8er amended.
e. Contesting the impound of a vehicle. At the request of the person redeeming the vehicle,
the contractor shall supply a completed RTTO Impound Vehicle Request Form(DLR-430-
508). The Contractor shall make a representative aJailable to testify in court when
necessary.
This representative shall provide the King County District Court with a written itemized
accounting of tow and impound chazges conforming to the Agreement rates, together with
a copy of a11 documents generated and in the possession of the Contractor relating to that
tow. The contractor's representative will further testify and affirm that a11 documents
prodided to the court pursuant to ttus Agreement shall be accompanied by an affidavit
ensuring that the information contained in such documents is true and correct, that the
docuxnents were prepared in the regulaz course of business at or neaz the time of the
impourid. or the accruing of other costs of the impound, and that they are being provided
by the custodian of records of the Contractor.
Release of vehic.le. If a vehicle has been impounded because the driver had a suspended
license,the Contractor shall not release a vehicle prior to the termination of any mandatory
unpound period absent an order from the Auburn Police Department, the King County
District Court, or the Auburn City Attomey's Office: Prior to releasing any vehicle, the
Contractor shall verify that the person redeeming the vehicle has a valid Washington
Driver's License. The Contractor shall deliver possession of properly re.deemed vehicle
not more than thirty (30) minutes after payment of the impound fee set forth in this
Agreement or required by law.
Page 12 of 17RES.G Page 179 of 280
g. Personal Property. The personal propeity and contents of towed or impounded vehicles
shall be handled in the manner tequired by RCW 46.55.090,WAC 204- 91A-130, and any
other applicable law,statute,rule,or regulation,as now enacted or hereafter amended: The
City of Aubum will not accept personal property set forth in WAC 204-91A-130(1)(a)-
m). The property/evidence officer must be contacted before any property is brought to the
police station. City of Auburn personnel will not transport the properry. Copies of the
Vehicle Inventory and Authorization/Impound forms must accompany the property when
submitted by Contractor to the property officer.
h. Abandoned Vehicles.T'he Contractor shall dispose of abandoned vehicles in the possession
of the Conuactor pursuant to all applicable laws, statutes, rules and regulations.
i. Removal of Junk Vehicle or Parts Thereof. Upon receipt of a"Junk Vehicle Verification,
Notification and AffidaviY'form or its equivalent f;om the Auburn City Police Deparfinent,
the Contractor shall remove the designated junk vehicles or parts thereof to a disposal site.
Costs of such removal shall he recovered by the Contractor in accordance with RCW
46.55.130 as now enacted or hereafter amended.
j. Refusal of Service: MotorhomeBoat Impounds/Junk Vehicles. The Anbiun Police
Department will maintain a rotational list of tow companies that aze eligible for being
called to the scene of an abandoned motorhome or boat(or other oversized vehicle)as well
as junk abandoned vehicles parked in the city right of way. In general,tow companies will
only be called to remove such vehicles during normal business hours, however, the
Contractor will understand that certain situations require the removal of tliese yehicles
outside of normal liusiness hours,and a request for such is not deemed to be unreasonable.
The rotational list will be established as to not burden any specific or particulaz business,
but instead, develop a system of fairness so that the costs associated with this service
delivery aze equally distributed ainongst active contractors. The department shall make a
good faith effort to assist in recovering reasonable fees from the registered owner of junk
and/or abandoned vehicles. Members of the department will follow piotocols established
under RCW 46.55.230 (6).
Refusal of Service Procedure. Officers impounding vehicles by use of the rotation will
contact Records and check to see which company is nezt on the rotational list/boazd that
will be prominently displayed in the records area neaz the CDO notification board.
Contractors that refuse to respond or claim to be otherwise unavailable to respond will have
their response and reason dociimetited. Contractors that fail to respond to a request twice
in a 30 day period will be removed from the regulaz rotation for a period of 30 days. If a
Contractor has two 30 day suspensions from the rotation within a 12 month rolling
calendar, they will be automatically remov8d from the regulaz rotation list by the Chief of
Police or his designee. The Traffic Unit will be responsible for maintaining the log for
Contractor response as it applies to this section and notifying the Chief of Police of any
issues.
k. Receipt. The Contractor shall prepaze a receipt using uniform, sequentially numbered
forms for every impounded vehicle which leaves Contractor's possession. The Contractor
shall deliver one(1)copy of the receipt to the person to whom the vehicle is delivered and
Page 13 of 17
RES.G Page 180 of 280
shall keep one (1) copy, filed in the order of the receipt number. For the purposes hereof,
the stored copy may be stored in electronic format. 'The receipt shall state:
i) The date and time of deliVery to the claimant;
ii) The name, address, and Washington State (or other State) driver's
license number of the person to whom it is delivered;
iii) The name and address of the employer or principal of such person, if
such person is the agent for the registered owner or purchaser of the
vehicle;
iv) The name and address of the vehicle's registered owner at the time of
impound, if known;
v) Either:
a. an itemized statement of the impound, storage, and extra charges
collected by the Contractor, if redeemed by payment of chazges; or
b. a complete statement of moneys or other consideration paid for the
vehicle if sold;
vi) The signature of the person to whom it is delivered acknowledging such
delivery and payment if any; and
vii) The signature of the Contrac.tor's employee making such delivery and
receiving such payment, if any.
1. Repords. The Contractor sha11 keep a11 records pertaining to vehicles impounded pursuant
to this Agreement for at least three(3)yeazs following the expiration or ternunation of the
Agreement. The Contractor shall keep the records in an orderly manner to assure easy
access and reference to the records and sha11 make all records available for inspection and
copying by the City at a11 times between 8:00 a.m and S i00 p.m. lvlonday through Friday,
and at all other times when employees having charge of the records aze present at
Contractor's billing offce.
i. Upon request by the Auburn Police Department oi tlie Aubum City
Attorney's Office, the Contractor sha11 grovide information of vehicles
impodnded because the driver had a suspended license, if that information
is known by or has been provided to the Contractor,whicfi sHall include the
name of the registered owners, whether the deHicle was redeemed by the
owner or by another person, and the disposition of the vehicle if not
redeemed.
m. Removal of Debris. Unless otherwise directed, the Contractor shall at no additional cost
remove from the location of an impound /tow any broken glass or other debris resulting
Page 14 of17RES.G Page 181 of 280
from a collision involving the vehicle, befo.re towing the vehicle away. The Contractor
shall dispose of all such debris in a lawful manner.
n. Complainu. T'he Contractor sha11 promptly and courteously respond to complaints. T'his
shall include fumishing a complainant with contact information for the Contractor's
insurance company and its claims agent if requested.
2.Contractor to Maintain Records to Support Independent Contractor Status.On the effective
date of this Agreement(or shortly thereafter),the Contractor shall:
a.File a schedule of e.xpenses with the Internal Revenue Service for the type of
business the Contractor conducts;
b. Establish an account with tlie Washington State Department of Revenne and other
necessary sfate agencies for the payment of all state t es normally paid by
employers, register to receive a unifed business identifier number from the State
of Washington; Report local sales tax as code 1702 (Aubum/King);and
a Maintain a sepazate set of books and records that reflect a1l items of income and
expenses of Conrtactor's business, all as described in RCW Section 51.08.195, as
recjiaired to show that the services performed by Contractor under this Agreement
do not give rise to an employer-employee relationship which would be subject to
RCW Title 51, Industrial Insiirance.
8. Right to Inspect. The City shall have the right to inspect the Contractor's facilities and
equipment to ensure that the provisions of this Agreement aze followed. Inspections shall
occur during normal business hours. The refusal of the Contractor to permit such
inspections shall be a breach of this Agreement and may result in immediate termination
by the City.
Page 15 of 17
RES.G Page 182 of 280
EXHIBIT B
COMPENSATION
Charges by the Contractor for towing, storage,and other services pursuant to this Agreement shall
not exceed the following amounts:
TRUCK RATES: (Per How)
CLASS A,D&E 170.00 Rotator$238.00
Class B 205.00 Rotator$287.00
Class B** 276.00 Rotator$386.00
30,000 pounds (Ibs.) Gross Vehicle Weight Rating (GVWR), or more, with air brakes)
Class C 358,00 Rotator$501.00
Class S1 598.Ob 40+'I'on Rotator
The term "rotator" applies to any approved vehicle that has a rotating boom. The
cost of using a rotator,other than the S 1 will b.e its class rate plus 40 percent. Rotator rates
shall only apply if:
The services aze specifically requested by the legal or registered owner of the
vehicle, or the officer in charge of the scene at the time of dispatch.
After being dispatched to the scene, the tow operator, legal or registered owner of
the vehicle, and/or the officer in chazge of the scene agree to the cost and benefits
of the use of the rotator and the rotator is actually used in the recovery.
The 30,000 lbs. GV WR or more with air brakes rates apply only if the vehicle being
towed Has a GV WR between 26,000 lbs. and 33,000 lbs.
Class E & S rates shall have a mazimum rate appropriate for iu GV WR and be consistent
with the above schedule. For example, if an"E" or"S"truck has a GVWR of 17,000 lbs.
or more, Class "B" rates will apply if hauling Class "B" loads. Class "A" rates apply if
Hauling Class "A" loads.
Storage Rate: $45.00 per day
Storage: Storage rates shall follow the guidelines set forth in WAC 204-91 A-140.
Hourly Labor: Extra Registered Tow Truck Operator (RTO) Employee/Driber
90.00(per hour). (Based on '/s the current Class A Truck Rate; must have supporting
documeptarion showing continuous employment.)
Casual Labor: Charges based on cost (must have supporting documentation) plus 25
percent mark-up.
Auxiliary Equipment: Charges based upon the actual cost of equipment (must have
supporting receipt) plus 20 percent mark-up.
Page 16 of 1RES.G Page 183 of 280
Handling and Disposing of Hazazdous Materials: Chazges based upon cost of handling
and disposing (must have supportmg documentation)plus 20 percent mark-up.
Fee for Absarbent Materials: Tow operators will receive an additional $5.00 per hour
fee for carrying and use of absorbent material for fluid spills. Tliis fee will be granted
whether the material is used or not. This fee is included in the howly rates listed above.
Fufure Increases: The Seattle-Tacoma-Bremerton azea Consumer Price Index for all
Urban Consumers (CPI-in — Transportation expenditure category will be utilized foi
futureincreases/decreases in truck and storage rates. Said increases/decreases will be
to the neazest whole dollaz and shall be made automatically on October 15 of each yeaz
unless either party demands to meet and confer about price increases/decreases. The
annual review and increase/decrease will be based on the unadjusted CPI-U
Transportation from June of the current yeaz. In accordance with RCW 46.55.063, any
changes to the contractor's fee schedule must be filed with the Department of Licensing
and must be in accordance with Autiucn City Ordinance No. 6110 provided that such
change shall_not take effect until ten (10) day after notification to the Chief of Police
and the City Of Anburn Clerks office..
Extra Equipment/Manpower: The registered or legal owner of a vehicle,the contractor
and/or the officer in chazge of tHe scene, where it is clearly apparent that additional
manpower and/or auxiliary equipment is needed, must authorize extra labor or
equipment as outlined in WAC 204-91A-140(d).
Application of Rate Maximumsc These rate maxixnums shall apply whether the
services aze provided as a result of"primazy" (initial) or "secondary" tows as defined
in WAC 204-91A-030.
Notwithstanding the provisions of Section 17 of this Agreement,the City may;by unilateral
action, prepaze and adopt an addendum revising these rates at any Ume to reflect the
maximum rates for such services established by the Chief of the State Patrol pursuarit to
Wasliington Administrative Code Section 204-91.5-140.
Page 17 of 17RES.G Page 184 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5283
Date:
February 14, 2017
Department:
Administration
Attachments:
Res 5283
Rules of Procedure
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Following a change several years ago from a Council Committee format for
conducting City Council business to a Study Session approach whereby all
Councilmembers attend the same meetings and receive the same information,
Counsel expressed an interest in providing the opportunity for other Councilmembers
to participate more fully in consideration of certain parts of City Council tasks and
functions, including presiding over committee-type meetings. Initially, there was
interest in reverting to the Council Committee structure, however, the downsides of
this approach include an increase in the number of meetings at which
Councilmembers and staff would be attending as well as the potential for different
information to be included at different Council Committee meetings where questions
or discussion may vary among the different Committees.
As an alternative to the Committee approach, it was proposed that a Hybrid of Study
Session and Committees be developed which would accommodate specific
involvement in certain areas by interested Councilmembers (Special Focus Areas)
and the opportunity for individual Councilmembers to chair or preside over the
discussion with respect to these Special Focus Areas.
Because this change would manifest itself in an amendment to the City Council Rules
of Procedure, and because the City Council was also interested in considering Council
Travel Policy changes (with both of these topics having been assigned to Council ad-
hoc committees), both the Study Session Hybrid and the Council Travel Policy have
been included in the amendments to the City Council Rules of Procedure set forth in
the attachment (Exhibit “A”) to Resolution No. 5283.
Reviewed by Council Committees:
Councilmember: Staff:Heid
AUBURN * MORE THAN YOU IMAGINEDRES.H Page 185 of 280
Meeting Date:February 21, 2017 Item Number:RES.H
AUBURN * MORE THAN YOU IMAGINEDRES.H Page 186 of 280
RESOLUTION NO. 5 2 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY COUNCIL
RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO.
5802 AND AMENDED BY RESOLUTION NUMBERS. 4282,
4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115
5217 AND 5240
WHEREAS, on February 2, 2004, the Auburn City Council adopted Ordinance No.
5802 approving the Rules of Procedure of the City Council; and
WHEREAS, Ordinance No. 5802 also provided that future amendments or
modifications to the City Council Rules of Procedure could be accomplished by
Resolution properly introduced and passed by the City Council; and
WHEREAS, since Ordinance No. 5802, the City Council passed Resolution
Numbers 4282, 4429, 4467, 4615, 4686, 4740, 4813, 4909, 5105, 5112, 5115, 5217 and
5240, which Resolutions adopted certain modifications to the City Council Rules of
Procedure; and
WHEREAS, in accordance with Resolution No. 5105, passed on November 3,
2014, the City Council revised its approach to conducting its business and handling its
public meetings by changing from a Council committee format to a study session format,
giving all of the City Councilmembers equal access to the information relating to city
business; and
WHEREAS, since that time, the City Council has appreciated that there are
advantages to allowing different councilmembers to chair different portions of meetings,
something that was more available in the council committee structure; and
WHEREAS, having considered the options and alternatives in terms of conducting
city business, the City Council designated an ad hoc committee to study how increased
opportunity for members to chair certain portions of meetings could dovetail in to a
process that also assured that all councilmembers received access to the information
necessary for Council decisions to be made; and
Resolution No. 5283
June 3, 2016
Page 1 of 3
RES.H Page 187 of 280
WHEREAS, a hybrid strategy was developed whereby study sessions, chaired by
the deputy Mayor, would still exist but would have a portion focused more specifically on
certain areas of city operations, as a part of the study sessions, but chaired by another
member of the city Council, a strategy that provides the advantages sought by the city
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Rules of Procedure of the City Council, as adopted by Ordinance
No. 5802 on February 2, 2004, amended by Resolution No.4282 on December 12, 2007,
Resolution No. 4429 on December 15, 2008, Resolution No. 4467 on April 6, 2009,
Resolution No. 4615 on July 6, 2010, Resolution No. 4686 on February 22, 2011,
Resolution No. 4740 on August 15, 2011, Resolution No. 4813 on May 21, 2012,
Resolution No. 4909 on February 19, 2013, Resolution No. 5105 on November 3, 2014,
Resolution No. 5112 on December 1, 2014, Resolution No. 5115 on December 15, 2014,
Resolution No. 5217 on May 2, 2016, and Resolution No. 5240 on July 5th, 2016, are
hereby amended as set forth in Exhibit "A", attached hereto and incorporated herein.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force and effect upon
passage and signature hereon.
DATED and SIGNED this day of 2017.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
Resolution No. 5283
June 3, 2016
Page 2 of 3
RES.H Page 188 of 280
APPRIVED AAOTO FOR M•
IF°oPP
A
Diel B. H=`•, City Atto ney
Resolution No. 5283
June 3, 2016
Page 3 of 3
RES.H Page 189 of 280
Page 1
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
TABLE OF CONTENTS
SECTION 1 AUTHORITY 1
SECTION 2 COUNCIL MEETINGS 1
SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA
4
SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 10
SECTION 5 PRESIDING OFFICER - DUTIES 11
SECTION 6 COUNCILMEMBERS 12
SECTION 7 DEBATES 12
SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 13
SECTION 9 VOTING 15
SECTION 10 COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL 16
SECTION 11 PUBLIC HEARINGS AND APPEALS 16
SECTION 12 DEPUTY MAYOR SELECTION PROCESS 17
SECTION 13 COUNCIL POSITION VACANCY 19
SECTION 14 COUNCIL MEETING STAFFING 19
SECTION 15 COUNCIL RELATIONS WITH STAFF 19
SECTION 16 COUNCIL STUDY SESSIONS, COMMITTEES AND CITIZEN
ADVISORY BOARDS 20
SECTION 17 COUNCIL REPRESENTATION & INTERNAL COMMUNICATION 27
SECTION 18 TRAVEL AUTHORIZATION 31
SECTION 19 CONFIDENTIALITY 32
SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 32
RULES OF PROCEDURE OF THE CITY COUNCIL OF
THE CITY OF AUBURN, WASHINGTON
SECTION 1 - AUTHORITY
The Auburn City Council hereby establishes the following rules for the conduct of Council
meetings, proceedings and business. These rules shall be in effect upon adoption by
resolution of Council and until such time as they are amended or new rules are adopted
in the manner provided by these rules.
SECTION 2 - COUNCIL MEETINGS
All meetings of the City Council shall be open to the public and all persons shall be
permitted to attend any meeting of this body, except as provided in RCW Chapter 42.30.
RES.H Page 190 of 280
Page 2
The City Clerk shall be responsible for preparing agendas for all City Council meetings
pursuant to the authority of Section 2.03.100 of the City Code1.
The City Clerk shall cause to be prepared action minutes of all of the Council meetings,
which minutes shall contain an account of all official actions of the Council. Council
meetings shall be electronically recorded and retained for the period of time as provided
by State law.
2.1 Regular Meetings - In accordance with Sections 2.06.010(A) and 2.06.020 of the
City Code, the regular meetings of the City Council shall held on the first and third
Mondays of every month in the City Hall Council Chambers located at 25 West
Main Street, Auburn, Washington. The regular meeting location may be changed
by a majority vote of the City Council.
Regular Council meetings will begin at the hour of 7:00 p.m.
A quorum shall constitute four or more Councilmembers for the transaction of
business.
In the event that a scheduled Regular Council meeting falls on a legal holiday, the
meeting shall be held at 7:00 p.m. on the first business day following the holiday.
The Presiding Officer shall be as set forth in Section 5.1 herein.
The Mayor, as Presiding presiding Officer officer shall be seated at the center of
the dais, and the Deputy Mayor shall be seated to the Presiding presiding Officer’s
officer’s immediate left. When the Deputy Mayor is acting as the Presiding
presiding Officerofficer, in the absence of the Mayor, the Deputy Mayor shall be
seated in the center of the dais. The seating arrangement for the other members
of the Council shall be as directed by the City Council pursuant to a motion duly
made and seconded and approved by a majority of the City Council, following the
recommendation of an ad hoc committee of three Councilmembers called for that
purpose.
1 2.03.100 Meeting coordination duties.
The mayor or the mayor's designee shall be responsible for the preparation of agendas for the
meetings of the council and of the various boards, commissions and committees of the city, and for including
in those agendas the items and issues forwarded by the city council and/or or by the ad hoc committees
designated to act on behalf of the city council, and for including in those agendas the items and issues
proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's
designee shall also be responsible for publishing notices for meetings and for public hearings for the
meetings of the council and the various boards, commissions and committees of the city, and for setting
the dates and times for said public hearings, except in those instances when setting dates and times for
public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord.
5761 § 1, 2003.)
RES.H Page 191 of 280
Page 3
[See ACC 2.06.010 (Ord. 3916 § 1, 1983; 1957 code § 1.04.010); ACC 2.06.020 (Ord.
3759 § 1, 1982; 1957 code § 1.04.020); ACC 2.06.030 (1957 code § 1.04.060); ACC
2.06.080 (1957 code § 1.04.090).]
2.2 Study Sessions - In accordance with Sections 2.06.010(B) and 2.06.020 of the
City Code, Study Sessions of the City Council shall held on the second, fourth and
fifth Mondays of every month in the City Hall Council Chambers located at 25 West
Main Street, Auburn, Washington. The regular meeting location of Study Sessions
may be changed by a majority vote of the City Council. Study Sessions shall be
subject to the following:
A. The Deputy Mayor shall preside over Study Sessions, other than those
portions thereof for which Special Focus Areas are scheduled (as described
herein below).
B. Study Sessions will begin at the hour of 5:30 p.m.
C. A quorum shall constitute four or more Councilmembers for the transaction
of business.
D. In the event that a scheduled Study Session falls on a legal holiday, the
meeting shall be held at 5:30 p.m. on the first business day following the
holiday.
E. No particular seating arrangement shall be required for the Deputy Mayor
or other members of the Council, or for the Mayor or any other persons
invited to sit at the table of Study Sessions.
2.3 Regular Meeting Times:2
The regularly scheduled meetings of the City Council shall be held at the following
times, unless re-scheduled and/or reset to different times:
A. First Monday of the month - Regular Council Meeting - - 7:00 PM
B. Second Monday of the month - Council Study Session - - 5:30 PM
C. Third Monday of the month - Regular Council Meeting - - 7:00 PM.
D. Fourth Monday of the month - Council Study Session - - 5:30 PM
E. Fifth Monday of the month - Council Study Session - - 5:30 PM.
2.4 Special Meetings - In accordance with Section 2.06.040 of the City Code and
Section 35A.12.110 RCW, a special meeting of the City Council may be called by
2 Any of these regularly scheduled meetings may be cancelled if not needed.
RES.H Page 192 of 280
Page 4
the Mayor or any three members of the Council by written notice delivered to each
member of the Council at least 24 hours before the time specified for the proposed
meeting; provided, however, that no ordinance or resolution shall be passed, or
contract let or entered into, or bill for the payment of money allowed, at any special
meeting unless public notice of such meeting has been given by such notice to the
local press, radio and television as will be reasonably calculated to inform the city's
inhabitants of the meeting.
[See ACC 2.06.040 (1957 code § 1.04.070).]
2.5 Emergency Meetings - Emergency meetings may be called by the Mayor, in
accordance with Section 42.30.070 RCW, when by reason of fire, flood,
earthquake, or other emergency, there is a need for expedited action by the City
Council to meet the emergency, in which case, the meeting site notice
requirements otherwise applicable shall not apply.
2.6 Executive Sessions - A Council meeting that is closed except to the Council, the
Mayor, City Attorney and authorized staff members and/or consultants authorized
by the Mayor. The public is restricted from attendance.
Executive sessions may be held during Regular and Special meetings of the City
Council, and will be announced by the Presiding presiding Officerofficer. Executive
session subjects are limited to considering such matters as permitted by State law.
[See former ACC 2.06.070 (1957 code § 1.04.080).]
2.7 Cancellation of Meetings - Meetings may be canceled by the Mayor with the
concurrence of the Deputy Mayor or, in the absence of either, by the Mayor or the
Deputy Mayor, or by a majority vote of the City Council, and proper notice given
by the City Clerk.
SECTION 3 - ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA
All items to be included on the Council’s agenda for consideration should be submitted to
the City Clerk, in full by 12:00 Noon on the Tuesday preceding each regular Council
meeting. The City Clerk shall then prepare a proposed agenda according to the order of
business, for approval by the Mayor, or his/her designee. A final agenda will then be
prepared by the City Clerk and distributed to Councilmembers as the official agenda for
the meeting.
3.1 The agenda format of the Regular City Council meeting shall be as follows:
A. Call to order.
The Presiding Officer Mayor shall call the meeting to order.
RES.H Page 193 of 280
Page 5
B. Pledge of Allegiance.
The Presiding OfficerMayor, Councilmembers and, at times, invited guests
will lead the Pledge of Allegiance.
C. Roll call.
The City Clerk will call the roll. Councilmembers may request to be excused
from a meeting by requesting the same of the Mayor in advance of the
meeting. The reason for the request shall be given at the time of the
request.
D. Announcements, Proclamations and Presentations
A proclamation is defined as an official announcement made by the
Presiding OfficerMayor or the City Council regarding a non-controversial
event, activity or special interest group which has a major city-wide impact.
E. Appointments
Appointing individuals to various committees, boards and commissions.
Confirmation of appointments, where confirmation is called for, may be
preceded by discussion in executive session, where appropriate.
F. Agenda modifications
Changes to the Council’s published agenda are announced at this time.
G. Public Hearings and Appeals
Individuals may comment on public hearing and appeal items, provided that
when an appeal is a closed record appeal, the matter shall be considered
based on information, evidence and documents in the record. Argument on
the appeal shall refer only to matters, information, documents and evidence
presented at the underlying hearing from which the appeal is taken, and no
new information, evidence or documents may be added, and argument on
the appeal may only deal with information, evidence and documents in the
record. The Presiding presiding Officer officer will state the public hearing
and/or appeal procedures before each hearing.
H. Audience Participation
Members of the audience may comment on items relating to any matter
related to City business under the Audience Participation period. Comments
RES.H Page 194 of 280
Page 6
are limited to three (3) minutes per person, and a total of fifteen (15) minutes
per topic. Groups who have a designated speaker may have a total of ten
(10) minutes to speak. Public comments sign-up forms will be available at
the City Clerk’s desk at each meeting for use of those citizens wishing to
address the Council. The City Clerk shall serve as timekeeper. The
Presiding presiding Officer officer may make exceptions to the audience
participation time restrictions when warranted, in the discretion of the
Presiding presiding Officerofficer.
Citizens may also speak on individual agenda items on the printed agenda
at the time they are considered by the Council as requested by the Presiding
presiding Officerofficer.
I. Correspondence
J Council Ad Hoc Committee Reports
Council ad hoc Committee Chairs may report on the status of their ad hoc
Council Committees’ progress on assigned tasks and may give their
recommendations to the City Council, if any.
K. Consent Agenda
Approval of the Consent Agenda, including items considered to be routine
and non-controversial, may be approved by one motion. Items on the
Consent Agenda include but are not limited to the following. Any
Councilmember may remove any item from the Consent Agenda for
separate discussion and action.
1. Approval of minutes.
2. Fixing dates for public hearings and appeals.
3. Approval of claims and vouchers, bid awards and contracts.
4. Approval of surplus property.
5. Other items designated by the City Council.
L. Unfinished Business
Unfinished business of a general nature and that it was removed from the
Consent Agenda for separate discussion and action.
M. New Business
RES.H Page 195 of 280
Page 7
Business, other than ordinances and resolutions, that has not been
previously before the City Council.
N. Ordinances
1. All ordinances shall be in writing, and the titles thereof shall be read
aloud by the City Attorney prior to a vote being called on their
adoption, provided that any councilmember may upon request, have
a full reading of the text of a proposed ordinance prior to the vote on
its adoption. It shall not require a second to the request for a full
reading of an ordinance. It is further provided, however, that the
requirement for a reading of the title of the proposed ordinance, or a
full reading of the text of the proposed ordinance may be waived
upon a motion duly made, seconded and approved by a majority of
the councilmembers in attendance at the council meeting.
2. Prior to any ordinance being considered for adoption by the City
Council, the ordinance shall be included on a Study Session agenda,
for review and discussion as provided in Section 16.1 (C)(5);
Provided, however, that if the Mayor believes that special,
emergency or exigent circumstances exist regarding the to need
consider adoption of an ordinance without the ordinance having been
placed on a Study Session agenda, the Mayor may place the
ordinance on a Regular or Special City Council Meeting agenda with
a request that the City Council consider adoption of the ordinance at
such Regular or Special Meeting of the City Council. If there is not
agreement among members of the City Council as to whether the
ordinance should be considered for adoption at the Regular or
Special Meeting of the City Council, the matter shall be presented for
a separate vote at the Regular or Special City Council Meeting, and
decided by majority vote of the members of the City Council at said
meeting.
a. If a majority of the City Council members vote in favor of
considering adoption of the ordinance, the consideration of
the adoption of the ordinance shall be the next matter before
the City Council.
b. If a majority of the City Council votes in favor of reviewing and
discussing the ordinance at a Study Session prior to voting on
its adoption, the ordinance shall be placed on an upcoming
Study Session agenda for review and discussion.
After a motion to adopt an ordinance has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the ordinance, without simply
RES.H Page 196 of 280
Page 8
repeating the ordinance title as read by the City Attorney and may choose
to comment on any results of Council discussion or action regarding the
issue.
Discussion and debate by the City Council on ordinances will be held prior
to the vote on an ordinance. Councilmembers shall decide whether or not
to amend the ordinance, or direct staff to further review the proposed
ordinance.
An ordinance shall be adopted by a majority vote of a quorum of the City
Council, provided that adoption of any ordinance that grants or revokes a
franchise or license shall require the affirmative vote of at least a majority
of the whole membership of the Council, and provided that public
emergency ordinances require a vote of a majority plus one of the whole
Council membership. A public emergency ordinance is one designated to
protect public health and safety, public property, or public peace.
O. Resolutions
All resolutions shall be in writing, and the titles thereof shall be read aloud
by the City Attorney prior to a vote being called on their passage, provided
that any councilmember may upon request, have a full reading of the text
of a proposed resolution prior to the vote on its passage. It shall not require
a second to the request for a full reading of a resolution. It is further
provided, however, that the requirement for a reading of the title of the
proposed resolution, or a full reading of the text of the proposed resolution
may be waived upon a motion duly made, seconded and approved by a
majority of the councilmembers in attendance at the council meeting.
After a motion to pass a resolution has been made and seconded, the
Councilmember making the motion is encouraged to give a very brief
description of the issues involved with the resolution without simply
repeating the resolution title as read by the City Attorney, and the
councilmember may choose to comment on any results of Council
discussion or action regarding the issue.
Discussion and debate by the City Council on resolutions will be held prior
to the vote on a resolution. Councilmembers shall decide whether or not to
amend the resolution, or direct staff to further review the proposed
resolution.
A resolution shall be passed by a majority vote of a quorum of the Council,
Provided that passage of any resolution for the payment of money shall
require the affirmative vote of at least a majority of the whole membership
of the Council.
RES.H Page 197 of 280
Page 9
P. Mayor and Councilmember Reports
The Mayor and Councilmembers may report on their significant City-related
activities since the last regular meeting. The Mayor and Councilmembers
shall limit their reports to not more than three (3) minutes, with sensitivity to
avoiding duplicate reporting.
Q. Adjournment
3.3. Recess - The foregoing agenda may be interrupted for a stated time as called by
the Presiding presiding Officer officer to recess for any reason, including executive
sessions.
3.4 Amendment to Agenda - The sequence of handling items on the agenda of a
particular Regular Council Meeting may be amended from order listed on the
printed/approved agenda as follows:
A. Motion to Suspend the Rules. Any member of the City Council may move
to suspend the rules so as to provide that an item on the agenda may be
taken out of order - considered at a different order or placement in the
agenda. Such motion shall require a second, and upon approval by a
majority of Councilmembers in attendance at the meeting, the item shall be
considered at the point in the agenda as indicated in the approved motion.
B. Adjustment of Agenda by Mayor. If the Mayor, as the presiding official,
determines that an item on the agenda of a Regular Council Meeting should
be taken out of order - considered at a different order or placement in the
agenda.as set forth in the agenda - to accommodate members of the City
Council or others at the Council Meeting, the Mayor may call for the
amendment of the agenda to accomplish such adjustment. Such action by
the Mayor does not require a motion or vote by the City Council; provided
that if the City Council does not wish to have the item moved - agenda
adjusted - as directed by the Mayor, the City Council may, by motion duly
made, seconded and approved by a majority of Councilmembers in
attendance at the meeting keep the agenda unchanged.
[See former ACC 2.06.110 (Ord. 5687 § 1, 2002; Ord. 4166 § 2, 1986); ACC 2.06.120
(1957 code § 1.04.120.); ACC 2.06.140 (1957 code § 1.04.140.); ACC 2.06.170 (1957
code § 1.04.190.); ACC 2.06.180 (Ord. 5635 § 2, 2002; 1957 code § 1.04.200).]
RES.H Page 198 of 280
Page 10
SECTION 4 - COUNCILMEMBER ATTENDANCE AT MEETINGS
4.1 Councilmembers shall attend Regular Council meetings and Study Sessions.
Councilmembers shall inform the Mayor or the City Clerk if they are unable to
attend any Regular Council meeting or Study Session, or if they knowingly will be
late to any such meetings. If a Councilmember has informed the Mayor or City
Clerk that he or she is unable to attend such meeting, the minutes for that meeting
will show the Councilmember as having an excused absence for that meeting.
Provided that excessive, continued or prolonged absences may be addressed by
the City Council on a case by case basis.
[See ACC 2.06.050 and RCW 35A.12.060]
4.2 Councilmembers are expected to attend the meetings of the Ad Hoc Council
Committees to which they are assigned. Councilmembers should inform the Chair
of such Ad Hoc Council Committees or the City Clerk if they are unable to attend
any meetings of such Ad Hoc Council Committees, and should inform the Chair or
City Clerk if they expect to be late to any such Ad Hoc Council Committee meeting.
If a Councilmember has informed the Chair or City Clerk that he or she is unable
to attend such Ad Hoc Committee meeting, the minutes for that meeting, if minutes
are required and/or taken, shall show the Councilmember as having an excused
absence for that meeting. Provided that excessive, continued or prolonged
absences may be addressed by the City Council on a case by case basis.
4.3 Councilmembers shall attend the Special Meetings of the City Council.
Councilmembers, shall inform the Mayor or the City Clerk if they are unable to
attend any such meetings, or shall so inform the Mayor or City Clerk if they expect
to be late to any such Special meeting. If a Councilmember has informed the
Mayor or City Clerk that he or she is unable to attend such Special meeting, the
minutes for that meeting shall show the Councilmember as having an excused
absence for that meeting. Provided that excessive, continued or prolonged
absences may be addressed by the City Council on a case by case basis.
4.4 Attendance at Ad Hoc Council Committee meetings and Special meetings will not
be considered “regular meetings” for the purposes of RCW 35A.12.060, applicable
to Regular City Council meetings. However, in addition to the application of RCW
35A.12.060 to Regular City Council meetings, unexcused absences from any
Regular or Special meetings, or Ad Hoc Committee meetings, shall constitute a
violation of these Rules of Procedure.
RES.H Page 199 of 280
Page 11
SECTION 5 - PRESIDING OFFICER - DUTIES
5.1 Conduct of Meetings
The Presiding presiding Officer officer at all Regular Meetings of the Council shall
be the Mayor and in the absence of the Mayor, the Deputy Mayor will act in that
capacity. If both the Mayor and Deputy Mayor are absent and a quorum is present,
the Council shall elect one of its members to serve as the Presiding presiding
Officer officer until the return of the Mayor or Deputy Mayor. Additionally, the
Deputy Mayor shall serve as the presiding officer for Council Study Sessions, other
than those portions thereof for which Special Focus Areas are scheduled (as
described herein below). It is further provided that, though not the Presiding
presiding Officer officer of Study Sessions, the Mayor is encouraged to attend
Study Sessions. 3
[See former ACC 2.06.090 (1957 code § 1.04.100).]
5.2 The Presiding Officer:
A. Shall preserve order and decorum at all meetings of the Council and cause
the removal of any person from any meeting for disorderly conduct;
B. Shall observe and enforce all rules adopted by the Council;
C. Shall decide all questions on order, in accordance with these rules, subject
to appeal by any Councilmember;
D. Shall recognize Councilmembers in the order in which they request the
floor, giving every councilmember who wishes an opportunity to speak,
provided that the mover of a motion shall be permitted to debate it first, and
provided that the Presiding presiding Officer officer may also allow
discussion of an issue prior to the stating of a motion when such discussion
would facilitate wording of a motion;
E. May affix approximate time limit for each agenda item;
F. When matters on the agenda are placed, or are able to be placed under
more than one classification or category, as defined by the Order of
Business, and the matters involve or are closely related to other subject
matter, then the Presiding presiding Officer officer may, in the Presiding
presiding Officer’s officer’s discretion, present such matters before the
Council, for discussion, consider and vote, at a different place in the agenda
3 For the purposes hereof, whenever the term “Mayor” or “Deputy Mayor” is used, it shall also include the
person who, in the absence thereof shall assume actions or responsibilities in place of the Mayor or Deputy
Mayor. When the term “presiding officer” is used, it shall refer to the person responsible for presiding over
the meeting in question.
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without the necessity of any vote thereon, notwithstanding their initial
different placement on the written agenda.
[See former ACC 2.06.100 (1957 code § 1.04.170.); ACC 2.06.190 (1957 code §
1.04.210).]
SECTION 6 - COUNCILMEMBERS
6.1 Remarks. - Councilmembers desiring to speak shall address the presiding
officer, and when recognized, shall confine himself/herself to the question under
debate.
6.2 Questioning. - Any member of the Council, including the Presiding OfficerMayor,
shall have the right to question any individual, including members of the staff, on
matters germane to the issue properly before the Council for discussion. Under no
circumstances shall such questioning be conducted in a manner to the extent that
such would constitute a cross-examination of or an attempt to ridicule or degrade
the individual being interrogated.
6.3 Obligation to the Public Agency. - Notwithstanding the right of Councilmembers to
express their independent opinions and exercise their freedom of speech,
Councilmembers should act in a way that reflects positively on the reputation of
the City and of the community. Councilmembers shall also interact with other
members of the City Council and City staff in ways that promote effective local
government.
6.4 Council Training. - Councilmembers are expected to participate in training offered
by individuals, agencies, entities and organizations including but not limited to the
Association of Washington Cities and the State of Washington, so as to afford the
Councilmembers the opportunity to better understand their roles as City
Councilmembers.
6.5 Participation in Committees, Agencies and Organizations. - To better represent the
interests of the City of Auburn, Councilmembers are encouraged to participate in
assignments to local, regional, state and national committees, agencies and
organizations.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 7 - DEBATES
7.1 Speaking to the Motion. - No member of the Council, including the Presiding
presiding Officerofficer, shall speak more than twice on the same motion except
by consent of the Presiding presiding Officer officer or a majority of the
Councilmembers present at the time the motion is before the Council.
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7.2 Interruption. - No member of the Council, including the Presiding presiding
Officerofficer, shall interrupt or argue with any other member while such member
has the floor, other than the Presiding presiding Officer’s officer’s duty to preserve
order during meetings as provided in Section 5.2.A of these rules.
7.3 Courtesy. - All speakers, including members of the Council, which includes the
Presiding presiding Officerofficer, in the discussion, comments, or debate of any
matter or issue shall address their remarks to the Presiding presiding Officerofficer,
be courteous in their language and deportment, and shall not engage in or discuss
or comment on personalities, or indulge in derogatory remarks or insinuations in
respect to any other member of the Council, or any member of the staff or the
pubic, but shall at all times confine their remarks to those facts which are germane
and relevant to the question or matter under discussion.
7.4 Transgression. - If a member of the Council shall transgress these rules on
debates, the Presiding presiding Officer officer shall call such member to order, in
which case such member shall be silent except to explain or continue in order. If
the Presiding presiding Officer officer shall transgress these rules on debate or fail
to call such member to order, any other member of the Council may, under a point
of order, call the Presiding presiding Officer officer or such other member to order,
in which case the Presiding presiding Officer officer or such member, as the case
may be, shall be silent except to explain or continue in order.
7.5 Challenge to Ruling. - Any member of the Council , including the Presiding Officer,
shall have the right to challenge any action or ruling of the Presiding presiding
Officerofficer, or member, as the case may be, in which case the decision of the
majority of the members of the Council present, including the Presiding Officer,
shall govern.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 8 - PARLIAMENTARY PROCEDURES AND MOTIONS
8.1 Unless specifically provided differently herein, All all City Council meeting
discussions shall be governed by ROBERTS RULES OF ORDER, NEWLY
REVISED (latest edition).
8.2 If a motion does not receive a second, it dies. Matters that do not constitute a
motion include nominations, withdrawal of motion by the person making the
motion, request for a roll call vote, and point of order or privilege; therefore a
second is not needed.
8.3 A motion that receives a tie vote is deemed to have failed, provided that except
where prohibited by law, the Mayor, as Presiding presiding Officialofficial, shall be
allowed to vote to break a tie vote.
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8.4 When making motions, Councilmembers shall be clear and concise and not
include arguments for the motion within the motion.
8.5 After a motion has been made and seconded, the Councilmembers may discuss
their opinions on the issue prior to the vote.
8.6 If any Councilmember wishes to abstain, from a vote on the motion pursuant to the
provisions of Section 9 hereof, that Councilmember shall so advise the City
Council, and shall remove and absent himself/herself from the deliberations and
considerations of the motion, and shall have no further participation in the matter.
Such advice shall be given prior to any discussion or participation on the subject
matter or as soon thereafter as the Councilmember perceives a need to abstain,
provided that, prior to the time that a Councilmember gives advice of an intent to
abstain from an issue, the Councilmember shall confer with the City Attorney to
determine if the basis for the Councilmember's intended abstention conforms to
the requirements of Section 9. If the intended abstention can be anticipated in
advance, the conference with the City Attorney should occur prior to the meeting
at which the subject matter would be coming before the City Council. If that cannot
be done, the Councilmember should advise the City Council that he/she has an
"abstention question" that he/she would want to review with the City Attorney, in
which case, a brief recess would be afforded the Councilmember for that purpose.
8.7 A motion may be withdrawn by the maker of the motion at any time without the
consent of the Council.
8.8 A motion to table is non-debatable and shall preclude all amendments or debates
of the issue under consideration. A motion to table is to be used in instances where
circumstances or situations arise which necessitate the interruption of the
Councilmembers' consideration of the matter then before them. A motion to table,
if passed, shall cause the subject matter to be tabled until the interrupting
circumstances or situations have been resolved, or until a time certain, if specified
in the motion to table. To remove an item from the table in advance of the time
certain requires a two-thirds' majority vote.
8.9 A motion to postpone to a certain time is debatable, is amendable and may be
reconsidered at the same meeting. The question being postponed must be
considered at a later time at the same meeting, or to a time certain at a future
Regular or Special City Council meeting.
8.10 A motion to postpone indefinitely is debatable, is not amendable, and may be
reconsidered at the same meeting only if it received an affirmative vote.
8.11 A motion to call for the question shall close debate on the main motion and is not
debatable. This motion must receive a second and fails without a two-thirds' vote;
debate is reopened if the motion fails.
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8.12 A motion to amend is defined as amending a motion that is on the floor and has
been seconded, by inserting or adding, striking out, striking out and inserting, or
substituting.
8.13 Motions that cannot be amended include: Motion to adjourn, lay on the table
(table), roll call vote, point of order, reconsideration and take from the table.
8.14 Amendments are voted on first, then the main motion as amended (if the
amendment received an affirmative vote).
8.15 Debate of the motion only occurs after the motion has been moved and seconded.
8.16 The Presiding presiding Officerofficer, City Attorney or City Clerk should repeat the
motion prior to voting.
8.17 The City Clerk will take a roll call vote, if requested by the Presiding presiding
Officerofficer, a Councilmember, or as required by law.
8.18 When a question has been decided, any Councilmember who voted in the majority
may move for reconsideration. In order to afford Councilmembers who voted in
the majority the potential basis for a motion for reconsideration, Councilmembers
who voted in the majority may inquire of Councilmembers who voted with the
minority as to the reasons for their minority vote, if not stated during debate prior
to the vote.
8.19 The City Attorney shall act as the Council’s parliamentarian and shall decide all
questions of interpretations of these rules which may arise at a Council meeting.
8.20 These rules may be amended, or new rules adopted, by a majority vote of the full
Council.
[See former ACC 2.06.160 (1957 code § 1.04.180.); ACC 2.06.170 (1957 code §
1.04.190.); ACC 2.06.200 (1957 code § 1.04.220.); ACC 2.06.210 (1957 code §
1.04.230).]
SECTION 9 - VOTING 4
9.1 Voice vote - A generalized verbal indication by the Council as a whole of “yea or
nay” vote on a matter, the outcome of which vote shall be recorded in the official
minutes of the Council. Silence of a Councilmember during a voice vote shall be
4 The City Council cannot vote on items during a Study Session. At a Study Session, the Deputy Mayor or
the Chair of a Special Focus Area will look for “consensus.” For the purposes hereof and where consistent
with these Rules of Procedure, consensus shall mean a collective position of the City Council where a
majority of the members can support or “live with” (accept) the item or proposed discussion. Consensus of
the body will be gauged by the presiding officer.
RES.H Page 204 of 280
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recorded as a vote with the prevailing side, except where such a Councilmember
abstains because of a stated conflict of interest or appearance of fairness.
9.2 Roll call vote - A roll call vote may be requested by the Presiding presiding Officer
officer or by any Councilmember.
9.3 Abstentions - It is the responsibility of each Councilmember to vote when
requested on a matter before the full Council. However, a Councilmember may
abstain from discussion and voting on a question because of a stated conflict of
interest or appearance of fairness.
9.4 Votes by Mayor - Except where prohibited by law, the Mayor, as Presiding
presiding Officialofficial, shall be allowed to vote to break a tie vote.
[See former ACC 2.06.150 (1957 code § 1.04.150).]
SECTION 10 - COMMENTS, CONCERNS AND TESTIMONY TO COUNCIL
10.1 Persons addressing the Council, who are not specifically scheduled on the
agenda, will be requested to step up to the podium, give their name and address
for the record, and limit their remarks to three (3) minutes, in addition to filling out
the speaker sign-in sheet available at the City Clerk’s desk. All remarks will be
addressed to the Council as a whole. The City Clerk shall serve as timekeeper.
The Presiding presiding Officer officer may make exceptions to the time restrictions
of persons addressing the Council when warranted, in the discretion of the
Presiding presiding Officerofficer.
10.2 Any person making personal, impertinent or slanderous remarks while addressing
the Council shall be barred from further audience participation by the Presiding
presiding Officerofficer, unless permission to continue is granted by a majority vote
of the Council.
[See former ACC 2.06.130 (1957 code § 1.04.130).]
SECTION 11 - PUBLIC HEARINGS AND APPEALS
11.1 Quasi-judicial hearings require a decision be made by the Council using a certain
process, which may include a record of evidence considered and specific findings
made. The following procedure shall apply:
A. The Department Director of the department (most) affected by the subject
matter of the hearing, or said Director’s designee, will present the City’s
position and findings. Staff will be available to respond to Council questions.
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B. The proponent spokesperson shall speak first and be allowed (10) minutes.
Council may ask questions.
C. The opponent spokesperson shall be allowed ten (10) minutes for
presentation and Council may ask questions.
D. Each side shall then be allowed five (5) minutes for rebuttal, with the
proponent spokesperson speaking first, followed by the opponent
spokesperson.
E. The City Clerk shall serve as timekeeper during these hearings.
F. After each proponent and opponent spokesperson have used their
speaking time, Council may ask further questions of the speakers, who shall
be entitled to respond but limit their response to the question asked.
11.2 Public hearings where a general audience is in attendance to present arguments
for or against a public issue:
A. The Department Director or designee shall present the issue to the Council
and respond to questions.
B. A person may speak for three (3) minutes. No one may speak for a second
time until everyone who wishes to speak has had an opportunity to speak.
The Presiding presiding Officer officer may make exceptions to the time
restrictions of persons speaking at a public hearing when warranted, in the
discretion of the Presiding presiding Officerofficer.
C. The City Clerk shall serve as timekeeper during these hearings.
D. After the speaker has used their allotted time, Council may ask questions
of the speaker and the speaker may respond, but may not engage in further
debate.
E. The hearing will then be closed to public participation and open for
discussion among Councilmembers.
F The Presiding presiding Officer officer may exercise changes in the
procedures at a particular meeting or hearing, but the decision to do so may
be overruled by a majority vote of the Council.
SECTION 12 - DEPUTY MAYOR
12.1 Annually or more often as deemed appropriate, the members of the City Council,
by majority vote, shall designate one of their members as Deputy Mayor for such
period as the Council may specify.
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A. Any member of the City Council may be nominated for the position of
Deputy Mayor by having that Councilmember’s name placed in nomination
by a Councilmember. [The nomination of a councilmember for this position
does not require a second, and a councilmember may nominate him or
herself.]
B. The Councilmember receiving a majority of the votes cast by the members
of the City Council shall be elected Deputy Mayor. A Councilmember may
vote for him or herself.
C. The names of all nominees for the position of Deputy Mayor shall be
included in the vote.
D. If no single Councilmember received a majority of the votes cast, a second
vote/ballot, between the two nominees who received the largest number of votes,
would be needed. In the second vote/ballot, whichever of these two nominees
received the larger number of votes would be elected to the position of Deputy
Mayor.5
[See RCW 35A.12.065.]
12.2 The Deputy Mayor shall perform the following duties:
A. Intra-Council Relations
1. Serve as the Chair of the Council Study Sessions
2. Serve as an ex-officio member of all other ad hoc committees of the
City Council
3. Assist in new councilmember training
4. Support cooperative and interactive relationships among council
members
5. Work with Administration to prepare agendas for Council Study
Sessions
B. Mayor-Council Relations
5 It may be that if there were a larger number of nominees in the initial election, there would not be (only) two
councilmembers who received the largest number of votes. For instance, if one nominee received three votes a second
nominee received two votes and a third nominee also received two votes, it might be appropriate to have an initial run
off between the second and the third nominees to determine who would be included in the final run-off against the
first nominee.
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1. Help maintain a positive and cooperative relationship between the
Mayor and the City Council
2. Act as conduit between the Mayor and the City Council on issues or
concerns relating to their duties
C. Intergovernmental and Community Relations
1. Act in absence of Mayor as requested and/or as required
2. Be aware of all City regional and intergovernmental policies and
activities in order to be prepared to step into the role of Mayor if
necessary
3. Serve as the Chair of the City’s Emergency Management
Compensation Board
[See former ACC 2.06.090 (1957 code § 1.04.100).]
SECTION 13 - COUNCIL POSITION VACANCY OR ABSENCE
13.1 In the event that an unexpired Council position becomes vacant, the City Council
has ninety (90) days from the occurrence of the vacancy to appoint, by majority
vote of a quorum of the Council, a qualified person to fill the vacancy pursuant to
State law. The Council may make such appointment at its next regular meeting, or
at a special meeting called for that purpose. If the Council does not appoint a
person within the ninety (90) day period, the Mayor may make the appointment
from among the persons nominated by members of the Council.
13.2 In the event of extended excused absences or disability of a Councilmember, the
remaining members by majority vote may appoint a Councilmember Pro Tempore
to serve during the absence or disability.
SECTION 14 - COUNCIL MEETING STAFFING
14.1 Department Directors or designees shall attend all meetings of the Council unless
excused.
14.2 The City Attorney shall attend all meetings of the Council unless excused, and
shall upon request, give an opinion, either written or oral, on legal questions. The
City Attorney shall act as the Council’s parliamentarian. The An Assistant City
Attorney shall attend meetings when the City Attorney has been excused.
[See former ACC 2.06.060 (1957 code § 1.04.160).]
SECTION 15 - COUNCIL RELATIONS WITH STAFF
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15.1 There will be mutual courtesy and respect from both City staff and
Councilmembers toward each other and of their respective roles and
responsibilities.
15.2 City staff will acknowledge the Council as policy makers, and the Councilmembers
will acknowledge City staff as administering the Council’s policies.
15.3 It is the intent of Council that all pertinent information asked for by individual
Council members shall be made available to the full Council.
15.4 Individual Councilmembers shall not attempt to coerce or influence City staff in the
selection of personnel, the awarding of contracts, the selection of consultants, the
processing of development applications or the granting of City licenses or permits.
Councilmembers may, at the request of the Mayor, participate in discussions and
decisions related to these matters.
15.5 Other than through legislative action taken by the Council as a whole, individual
Councilmembers shall not interfere with the operating rules and practices of any
City department.
15.6 No individual Councilmember shall direct the Mayor to initiate any action or prepare
any report that is significant in nature, or initiate any project or study without the
consent of a majority of the Council. This provision, however, does not prohibit
individual Councilmembers from discussing issues with the Mayor or making
individual requests or suggestions to the Mayor. The Mayor shall endeavor to
advise and update the Councilmember(s) on the status or follow-up of such issues.
15.7 All councilmember requests for information, other than requests for legal advice
from the City Attorney’s Office, shall be directed through the Mayor in order to
assign the task to the proper staff. The Deputy Mayor may work with the Mayor’s
designated staff to prepare Study Session agendas and facilitate Study Session
work.
15.8 Any written communication with staff shall also include the Mayor as a recipient.
SECTION 16 - COUNCIL STUDY SESSIONS, COMMITTEES
AND CITIZEN ADVISORY BOARDS
16.1 In addition to the regularly scheduled City Council meetings (Regular Council
Meetings) scheduled on the first and third Mondays of the month, City Council shall
regularly schedule Council Study Sessions on the second, fourth and fifth Mondays
of the month for review of matters that would come back before the City Council at
Regular Council Meetings. Different than the format for Regular Council Meetings
(identified in Section 3 hereof), Study Sessions shall be less formal than Regular
Council Meetings and shall give the City Council the opportunity to discuss and
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debate issues coming before it for action at Regular Council meetings. The format
for these meetings shall be as follows:
A. General Business Focus and Special Focus Areas
Study Sessions shall consist of two (2) Focus divisions per meeting; (1) a
General Business Focus and (2) a Special Focus Area. The General
Business Focus shall be scheduled first, and shall include agenda items
that relate to issues of general City concern, items that will be coming before
the City Council at upcoming meetings and presentations and reports to the
City Council. The Special Focus Area groups shall, on a rotating basis
described below, commence their portion of the Study Session following the
conclusion of the Study Session General Business Focus, The Special
Focus Area groups shall review matters of Council concern related to their
areas of oversight responsibility. The Special Focus Area groups shall
consist of the following: (1) Public Works & Community Development; (2)
Municipal Services; (3) Health & Human Services; and (4) Finance &
Economic Development. These Special Focus Area groups shall be tasked
with oversight of Council considerations as follows:
1. Public Works & Community Development;
• Utilities
• Zoning Codes & Permits
• Innovation & Technology
• Transportation
• Streets
• Engineering
• Capital Projects
• Sustainability
• Environmental Protection
• Cultural Arts and Public Arts
• Planning
2. Municipal Services
• Police
• SCORE Jail
• District Court
• Parks & Recreation
• Animal Control
• Solid Waste
• Emergency Planning
• Airport
• Airport Businesses
• Sister Cities
• Multi Media
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3. Health & Human Services
• Human Services Funding
• Public Wellness
• Domestic Violence Services
• Homelessness Services
• Affordable Housing
• Community Services
• Human Resources
• Medical Community Relations
4. Finance & Economic Development
• City Budget & Amendments
• Risk Management
• Equipment Rental
• Facilities
• City Real Property
• Legal
• Development Incentives
• Business Development
• Economic Development Strategies
Aside from the above Special Focus Area topics, there shall be a
Finance ad hoc Committee to review vouchers and payroll.
B. Scheduling of Special Focus Area.
1. The Special Focus Areas shall conduct their portion of the Study
Sessions on 2nd and 4th Mondays of the month on a rotating basis
such as as follows: Public Works & Community Development, then
Municipal Services, then Health & Human Services, then Finance &
Economic Development, then Public Works & Community
Development, then Municipal Services, and so on.
2. On 5th Mondays of the Month, Study Sessions will not typically
include any of the above Special Focus Areas, but may include
special topics and issues of general concern to the City Council,
including Council operating arrangements and Council Rules of
Procedure. It is provided, however, that in order for the City Council
to address the matters coming before the City Council, the Mayor
and Deputy Mayor may, as they deem appropriate, insert into any
Study Session any matters calling for City Council consideration and
discussion, regardless of Special Focus Areas.
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3. Topics for Special Focus Area consideration (for inclusion in the
Special Focus Area portion of the Study Session agenda) shall be
determined by the Chair of each Special Focus Area along with the
Mayor and the Deputy Mayor, taking into account matters within the
topics of the Special Focus Area calling for action or consideration,
and suggestions by other Councilmembers of such topics.
C. Meeting Times:
:
Study Sessions shall be scheduled as set forth in Section 2.3, above.
BD. Study Sessions should conform to the following:
1. Meeting facilitation - the Deputy Mayor shall preside over/conduct
General Business Focus portions of Study Sessions. The
Councilmember selected to chair the Special Focus Area for the
study sessions for which his or her Special Focus Area is scheduled
shall preside over/conduct the Special Focus Area of the Study
Session.
2. Four or more Councilmembers shall constitute a quorum for Study
Sessions.
3. Two and one half Three to four hours maximum timeframe (goal).
4. Maximum of five agenda items (goal).
5. Timeframe per agenda item - up to 30 to 40 minutes.
6.4. Agenda items should relate to future policy-making, strategic
planning or key state or federal issues affecting current or future city
operations.
7.5. Agenda items should be substantive only (e.g., traffic impact fee
increase proposals, comprehensive plan updates, rather than day-
to-day operational issues. [Non-substantive items (e.g., accepting a
grant, authorizing contract bidding, etc.) should go directly to the
Regular City Council meeting.
CE. Study Session Meeting Format 6
1. Call to Order
6 It is the intention of the City Council that Study Sessions shall be televised on the City’s public access
channel if reasonably possible.
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The Presiding OfficerDeputy Mayor shall call the meeting to order.
2. Roll call
The City Clerk will call the roll. Councilmembers may request to be
excused from a meeting by requesting the same of the Mayor or City
Clerk in advance of the meeting. The reason for the request shall be
given at the time of the request.
3. Announcements, Reports and Presentations
The Presiding OfficerDeputy Mayor shall provide any
announcements, reports or presentations that need to be shared with
the City Council in advance of the agenda discussion items. After
that these announcements, reports or presentations, City Council
members may have questions or wish to discuss the issues at this
time or request that they be put on a future Study Session agenda
for further discussion.
Study Sessions are an opportunity for the members of the City
Council to discuss among themselves issues coming before the City
Council. Study Sessions do not include a place on the agenda for
public audience participation. However at the request of the
presiding officer, individuals may be asked to give a report on topics
appearing on the Study Session agenda.
4. Agenda items for Council Discussion.
The Presiding OfficerDeputy Mayor shall announce each of the
various items that are on the agenda for Council discussion, and, as
warranted, request a preliminary report from staff or a consultant or
other individual(s) involved in the issue. The Presiding OfficerDeputy
Mayor shall endeavor to call upon the members of the City Council
in the order of their requests to discuss the Agenda Item.
After such report(s), if any, the Presiding OfficerDeputy Mayor shall
open the floor for Council discussion on the agenda items in their
order on the agenda, unless a different order is approved by a
majority of the Councilmembers present.
Council discussion shall be in conformity with the provisions of
Section 7 of these rules, other than the requirement that there be a
motion before Council discussion.
At the conclusion of the discussion, or at the point the Council feels
its questions have been answered and discussion vetted, the
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Presiding OfficerDeputy Mayor shall move the attention of the
Council to the next discussion item on the agenda; provided that if,
after a lengthy discussion on a particular agenda item, the Presiding
presiding Officer officer concludes that discussion should be
continued to a later date, the Presiding OfficerDeputy Mayor may
conclude discussion on that agenda item and schedule the matter
for a later Study Session.
With the support of a consensus of Councilmembers, the Deputy
Mayor shall call for Study Session agenda items requiring formal
Council action to be included in agendas for upcoming Regular
Council Meetings.
5. Ordinances
Prior to an ordinance being included for adoption on the agenda of a
Regular or Special Meeting of the City Council, the ordinance shall
be included on the agenda of a Study Session for Council review and
discussion.
a. The Study Session ordinance review requirement shall be met
even if the version to be considered at an upcoming City
Council Meeting is amended from the version included on the
Study session agenda following review and discussion at the
Study Session.
b. If, after City Council review and discussion of an ordinance at
a Study Session, the City Council is not ready to vote on a
proposed ordinance, the ordinance may be included on
another Study session agenda for further review and
discussion. If there is not agreement among members of the
City Council as to whether the ordinance should next come
before the City Council at a regular or Special Meeting of the
City Council for consideration of adoption or whether it should
return for further review and discussion at a Study Session,
the matter shall be presented for a vote at the Study Session,
and decided by majority vote of the members of the City
Council at the Study Session.
6. Other Discussion Items
The Presiding presiding Officer officer and/or members of the City
Council may bring up other discussion items to be discussed at this
time or to be scheduled for discussion at a future Study Session;
provided that if the Presiding presiding Officer officer concludes that
there is not sufficient time to discuss or continue discussing the topic,
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the Presiding presiding Officer officer may defer discussion or
continued discussion to a future Study Session.
7. New Business
Agenda topics for future Study Sessions may be proposed by any
Councilmember during New Business. If there is a consensus among
the Councilmembers, the Deputy Mayor and the Mayor will meet to
place the topic on the Matrix for a future Study Session Agenda. At
Council discretion, production and delivery of a “white paper” in lieu
of a future agenda item may be considered.
8. Special Focus Area
a. The Chair of the Special Focus Area scheduled for the Study
Session, on a rotating basis as described above, shall preside
over this portion of the study session.
b. The Chair of the Special Focus Area shall call the various
items included in the agenda for this portion of the Study
Session
c. The Chair of the Special Focus Area shall also review the
Matrix with respect to items related to the Special Focus Area.
9. Matrix Review/Update (the Deputy Mayor shall preside over this
portion of the Study Session)
a. Following the conclusion of City Council consideration of the
topics of the Special Focus Area, the City Council shall review
the Matric of upcoming topics.
b. The Matrix shall consist of topics from all areas of city
concern, general concern as well as topics of each of the
Special Focus Areas
7.10. Adjournment
The Presiding OfficerDeputy mayor shall adjourn the Study Session
after conclusion of discussion on the above agenda items.
16.2 The Mayor, the Deputy Mayor or a majority of the City Council may establish such
ad hoc committees as may be appropriate to consider special matters that require
special approach or emphasis. Such ad hoc committees may be established and
matters referred to them at study sessions, without the requirement that such
establishment or referral take place at a regular City Council meeting. The Mayor
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shall appoint Council representatives to intergovernmental councils, boards and
committees, provided that and the Deputy Mayor shall appoint Councilmembers to
Council ad hoc committees. It is further, provided that the Mayor shall appoint
members to Council ad hoc committees if the Deputy Mayor is disabled or
precluded from acting in that capacity. Councilmember appointments to
intergovernmental councils, boards and committees, including ad hoc committees,
shall be periodically reviewed to determine which councilmembers could best be
able to represent the City on such councils, boards and committees.
16.3 Ad hoc council committees shall consider all matters referred to them. The chair
of such ad hoc committee shall report to the City Council the findings of the
committee. Committees may refer items to the Council with a committee
recommendation or with no committee recommendation.
16.4 Advisory Boards, Committees and Commissions established by ordinance,
consisting of citizens appointed pursuant to the establishing Ordinance and serving
in the capacity and for the purposes indicated in the Ordinance, shall act as an
advisory committee to the City Council.
16.5 Committee Chairpersons shall have broad discretion in conducting their meetings.
They will generally follow Roberts Rules of Order, Newly Revised.
16.6 Unless otherwise expressly provided for an ad hoc committee of the City Council,
such committees shall not receive public testimony or allow audience participation
in connection with or related to the agenda item being discussed by the
Committee,. Unless otherwise expressly provided for such ad hoc committee, it is
the intention of the City Council that such ad hoc committees function informally
and not in any way that takes action in lieu of or on behalf of the full City Council.
The purpose and function of such ad hoc committees shall be to review matters in
advance of their consideration by the full City Council, and perhaps record and
make recommendations to the full City Council. With that, it is the intention that
these committees operate informally, without the need for compliance with the
Open Public Meetings Act (Chapter 42.30. RCW).
16.7 Committee Chairpersons shall approve all agenda items and may, at their
discretion, remove or add agenda items during the course of the meeting.
SECTION 17 - COUNCIL REPRESENTATION & INTERNAL COMMUNICATION
17.1 If a Councilmember meets with, attends a meeting or otherwise appears before
individuals, another governmental agency, a community organization, or a private
entity or organization, including individuals, agencies, or organizations with whom
or with which the City has a business relationship, and makes statements directly
or through the media, commenting on an issue that does or could affect the City,
the Councilmember shall state the majority position of the City Council, if known,
on such issue. Personal opinions and comments which differ from those of the
Council majority may be expressed if the Councilmember clarifies that these
RES.H Page 216 of 280
Page 28
statements do not represent the City Council’s position, and the statements are
those of the Councilmember as an individual. Additionally, before a
Councilmember discusses anything that does or could relate to City liability, the
Councilmember should talk to the City Attorney or the City’s Risk Manager, so that
the Councilmember would have a better understanding of what may be said or
how the discussion should go to control or minimize the City’s liability risk and
exposure.
17.2 Councilmembers need to have other Councilmember’s concurrence before
representing another Councilmember’s view or position with the media, another
government agency or community organization.
17.3 Councilmembers shall not knowingly communicate with an opposing party or with
an opposing attorney in connection with any pending or threatened litigation in
which the City is a party or in connection with any disputed claim involving the City
without the prior approval of the City Attorney, unless the Councilmember is
individually a party to the litigation or is involved in the disputed claim separate
from the Councilmember’s role as a City official.
17.4 Communication among Councilmembers shall conform to the following
parameters:
A. Except in connection with Council members meeting, informally, in
committees not subject to the Open Public Meetings Act, to assure that
communication on agenda items occurs to the greatest extent possible at
the public meetings, and to avoid even the perception that email is being
used in a way that could constitute a public meeting, e.g., successive
communications on City Council topics that involve a quorum of the
Councilmembers. Councilmembers should refrain from emailing
Councilmembers about such agenda items. Councilmembers should be
prepared to communicate about matters that are on upcoming Council
agendas at the public meetings. If Councilmembers wish to share
information with other councilmembers about matters that are on upcoming
agendas, the councilmembers should forward that information to the Mayor
for distribution in the council meeting packets.
B. Councilmembers may communicate via email to other Councilmembers,
including to a quorum of the full City Council about matters within the scope
of the City Council’s authority or related to City business, but not yet
scheduled on upcoming Council agendas, to indicate a desire that certain
items be included on upcoming meeting agendas; provided that
Councilmembers shall never ask for responses from the other
Councilmembers in that communication.
C. Email communication among Councilmembers relating to City operations
should also include the Mayor as a recipient/addressee.
RES.H Page 217 of 280
Page 29
D. Councilmembers may email the Mayor about City business without
limitations or restrictions.
17.5 Internet & Electronic Resources/Equipment Use.
A. Policy. It is the policy of the City Council that Internet and electronic
resources equipment use shall conform to and be consistent with the
requirements of City of Auburn Administrative Policy and Procedure 500-
03, “Internet & Electronic Resources/Equipment Use – Elected Officials”
adopted hereby and incorporated herein by this reference.
It is important to note that all letters, memoranda, and interactive computer
communication involving City Councilmembers and members of advisory
boards and commissions, the subject of which relates to the conduct of
government or the performance of any governmental function, with
exceptions stated by the Public Records Act (RCW 42.56), are public
records.
B. Electronic Communications.
1. Informal messages with no retention value and that do not relate to
the functional responsibility of the recipient or sender as a public
official, such as meeting notices, reminders, telephone messages
and informal notes, do not constitute a public record. Users should
delete these messages once their administrative purpose is served.
2. All other messages that relate to the functional responsibility of the
recipient or sender as a public official constitute a public record. Such
records are subject to public inspection and copying.
3. Electronic communications that are intended to be shared among a
quorum of the City Council or of an ad hoc Council Committee,
whether concurrently or serially, must be considered in light of the
Open Public Meetings Act, if applicable. If the intended purpose of
the electronic communication is to have a discussion that should be
held at an open meeting, the electronic discussion shall not occur.
Further, the use of electronic communication to form a collective
decision of the Council shall not occur.
4. Electronic communication should be used cautiously when seeking
legal advice or to discuss matters of pending litigation or other
confidential City business. In general, electronic communication is
discoverable in litigation, and even deleted electronic communication
is not necessarily removed from the system. Confidential electronic
communications should not be shared with individuals other than the
RES.H Page 218 of 280
Page 30
intended recipients, or the attorney-client privilege protecting the
document from disclosure may be waived.
5. Electronic communication between Councilmembers and between
Councilmembers and staff shall not be transmitted to the public or
news media without the filing of a public disclosure request with the
City Clerk.
6. As a cautionary note, if an elected public official uses his or her
personal home computer to send electronic communications dealing
with City business, the electronic communications and electronic
records may be subject to discovery demands and public disclosure
requests. That possibility amplifies the need for caution in how one
uses electronic communication for City business.
17.6 Council Relations with City Boards and Commissions.
A Council Liaisons.
Different than where a City Councilmember is appointed by the City Council
or the Mayor to serve as a member of a board, commission, committee, task
force or any other advisory body, the City Council may, on limited occasions
or under unusual circumstances, appoint a Councilmember to serve as a
non-member Liaison to a board, commission, committee, task force or any
other advisory body. Anytime a Councilmember is appointed as such a
Liaison, the position or role of Liaison is subordinate to that of
Councilmember, and the Councilmember’s responsibility is first and
foremost to the City and to the City Council. The role and responsibility of
the Councilmember-Liaison is to keep the City Council apprised of the
activities, positions and actions of the entity or organization to which the
Councilmember has been appointed Liaison, and not to communicate to the
board, commission, committee, task force or other advisory body a
statement as the position of the City Council, except as authorized or
directed by the City Council. Insofar as a Council Liaison position does not
give all councilmembers equal access to the activities, functions and
information of or about a board, commission, committee, task force or any
other advisory body, appointments to Council Liaison positions should be
reserved to those instances where a Report to the Council by the board,
commission, committee, task force or any other advisory body would not be
convenient or practical.
B. Reports to the Council.
Each board, commission, committee, task force or any other advisory body
of the City shall be requested to present a report to the City Council at a
Regular Meeting or a Study Session of the City Council, as scheduled by
RES.H Page 219 of 280
Page 31
the Mayor or Deputy Mayor. Such reports shall be scheduled for a Regular
Council Meeting or a Council Study Session, and shall be delivered by the
chair of the board, commission, committee, task force or any other advisory
body or designee. The reports shall inform the City Council of the activities,
functions and information with which the board, commission, committee,
task force or any other advisory body has been involved since the previous
report, and shall include the opportunity for questions by Councilmembers.
17.7 Whenever a member of the City Council attends any meeting of any other entity or
organization, he or she should endeavor to be prudent in what he or she says or
does at such meeting. Further, the Councilmember should avoid attending such
meeting if that attendance would impose an interference with the meeting or the
operations of the other entity or organization, or of the operations of the City.
SECTION 18 - TRAVEL AUTHORIZATION
18.1 In accordance with the City of Auburn travel policy, approvals or expenditure of
travel related costs and/or approval of specific travel events or activities by
Councilmembers beyond the authority provided in the travel policy and budget
shall be as follows: the requesting Councilmember shall submit his/her request to
expend travel related costs and/or request for authorization for specific travel
purposes to the Mayor to be included on an upcoming Council meeting agenda in
advance of the date(s) of such expenditure or travel. The City Council may
pursuant to a motion, approve the request by a majority vote of a quorum of the
City Council at the meeting in which the matter is considered
A. Value of Council Travel.
The Auburn City Council recognizes the need of its members to attend conferences,
trainings, and meetings to broaden their knowledge of and familiarity with a diverse
collection of City-related issues, including, but not limited to Public Works,
Communications, Transportation, Economic Development, Public Safety and Energy.
These conferences also provide valuable opportunities to network with other city elected
officials. Comparing Auburn's specific issues with those of other cities often provides the
City Council with established policies already in place in other cities that can be adapted
to meet the specific needs of the City of Auburn, as well as expediently and efficiently
acquainting Auburn City Councilmembers with ideas of how to address Auburn issues and
solve Auburn problems.
B. Annual Budget Amounts for Council Travel
To accommodate Council travel, the Auburn City Council shall allocate an identified
amount of money each year in the Cty budget process, whereby each Councilmember
shall have an identified amount of money earmarked for his/her City related travel costs,
including transportation, lodging, meals and registration costs.
C. Adjustment of Council Travel Allocations.
RES.H Page 220 of 280
Page 32
In the event that a councilmember needs more than the amount of travel related funds
allocated for his or her use, the councilmember shall (1) see if there are unused funds
available from any other councilmember(s) who are willing to transfer funds from their
account to the councilmember needing additional travel funds, whereby, with the consent
of the Deputy Mayor and the other transferring councilmember(s), funds will be transferred
to the requesting councilmember’s allotment; or (2) shall request a net adjustments to the
budget adding additional funds to his or her allotment, which adjustment shall be approved
by a majority of the whole City Council.
D. Receipts and Travel Documentation
Each City Councilmember shall be responsible for providing to the Mayor or
Finance Director, within ten (10) business days of returning from City travel, any
and all City travel related receipts and documentation. Quarterly reports of the
travel costs incurred by each councilmember shall be provided by the Finance
Department.
SECTION 19 - CONFIDENTIALITY
19.1 Councilmembers shall keep confidential all written materials and verbal
information provided to them during Executive or Closed Sessions and as provided
in RCW 42.23.070, to ensure that the City’s position is not compromised.
Confidentiality also includes information provided to Councilmembers outside of
Executive Sessions when the information is considered by the exempt from
disclosure under exemptions set forth in the Revised Code of Washington.
SECTION 20 – ENFORCEMENT OF RULES OF PROCEDURE
20.1 Councilmembers shall conform their conduct to the requirements, standards and
expectations set forth in these Rules of Procedure. In addition to and
notwithstanding whatever other enforcement mechanisms may exist for legal,
ethical or practical obligations on Councilmember performance or conduct,
violations of these Rules of Procedure by Councilmembers may be enforced by
action of the City Council through sanctions such as votes of censure or letters of
reprimand, and such other action as may be permitted by law.
RES.H Page 221 of 280
Page 33
City Council Rules of Procedure:
Adopted: February 2, 2004
Ordinance No. 5802
Amended by Resolution No. 4282, December 17, 2007
Amended by Resolution No. 4429, December 15, 2008
Amended by Resolution No. 4467, April 6, 2009
Amended by Resolution No. 4615, July 6, 2010
Amended by Resolution No. 4686, February 22, 2011
Amended by Resolution No. 4740, August 15, 2011
Amended by Resolution No. 4813, May 21, 2012
Amended by Resolution No 4909, February 19, 2013
Amended by Resolution No. 5105, November 3, 2014
Amended by Resolution No. 5112, December 1, 2014
Amended by Resolution No. 5115, December 15, 2014
Amended by Resolution No. 5217, May 2, 2016
Amended by Resolution No. 5240, July 5, 2016
RES.H Page 222 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5285
Date:
February 13, 2017
Department:
CD & PW
Attachments:
Resolution No. 5285
Hazard Mitigation Grant Agreement D16-010
Powerpoint Presentation Hazard Mitigation
Granf for Reservoir 1 Seismic Control Valve
Budget Impact:
$25,000.00
Administrative Recommendation:
City Council adopt Resolution No. 5285.
Background Summary:
Resolution No. 5285 authorizes the Mayor to execute an agreement between the City
of Auburn and the Washington State Military Department for Hazard Mitigation Grant
No. D16-010 for the Reservoir 1 Seismic Control Valve project.
Reservoir 1 is the City’s largest water storage reservoir with a capacity of 5 million
gallons. Large diameter pipes convey water from the reservoir to the distribution
system. If a pipe breaks during an earthquake, the large volume of water in the
reservoir will quickly flow out of the reservoir, causing local flooding, property damage,
and loss of pressure, drinking water, and fire flow capability within the water
distribution system. With the proposed project, the installed and functional seismic
control valve will automatically close, keeping water in the reservoir and maintaining
water supplies and pressures for both firefighting and consumption needs. It will also
prevent water from escaping the reservoir to create a secondary flooding emergency.
Due to the importance of maintaining critical water facilities during an emergency, this
project received a grant from the State of Washington to mitigate the hazards. State
and Federal funding remaining from the emergency authorization to combat the 2014
Firestorm in Washington State is the grant source. The City applied for the grant in
January 2015 and was notified in October 2016 that the application was approved.
Project Financing:
$175,000.00 from Federal and State grant
$25,000.00 from City of Auburn’s Reservoir Repair and Replacement Program (local
contribution)
AUBURN * MORE THAN YOU IMAGINEDRES.I Page 223 of 280
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:RES.I
AUBURN * MORE THAN YOU IMAGINEDRES.I Page 224 of 280
RESOLUTION NO. 5 2 8 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
AND ACCEPTING THE HAZARD MITIGATION
GRANT FOR RESERVOIR 1 SEISMIC CONTROL
VALVE
WHEREAS, the City of Auburn ("City"), Washington, provides drinking
water to its customers within its water service area from its own water supplies;
and
WHEREAS, Reservoir 1 is the City's largest water storage reservoir with a
capacity of 5.0 million gallons; and
WHEREAS, large diameter pipes convey water from the reservoir to the
distribution system; and
WHEREAS, if a pipe breaks during an earthquake, the large volume of
water in the reservoir will quickly flow out of the reservoir, causing local flooding,
and loss of pressure within the water distribution system; and
WHEREAS, installation of an automatic seismic control valve will retain
water in the reservoir and lessen the negative impacts of an earthquake; and
WHEREAS, installation of seismic control valves at the City's reservoirs
was identified in the City's Comprehensive Water Plan (October 2015); and
WHEREAS, the City applied for and received approval from the
Washington State Military Department for a Hazard Mitigation Grant (Grant No.
D16-010) to provide partial funding for the project entitled "Reservoir 1 Seismic
Control Valve"; and
Resolution No.
February 6, 2017
Page 1 of 2RES.I Page 225 of 280
WHEREAS, it is in the best interest of the City to enter into an agreement
with the State for a grant to mitigate a potentially life threatening hazard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to execute an
agreement between the City and the State of Washington for the receipt and
utilization of hazard mitigation grant funds for Reservoir 1 Seismic Control Valve,
which agreement shall be in substantial conformity with the agreement attached
hereto as Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2017.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPR• EDA TO FORM:
A A..
i T '--I B. eid, -` ttorney
Resolution No.
February 6, 2017
Page 2 of 2RES.I Page 226 of 280
HMGP Page 1 of 37 City of Auburn, D16-010
Washington State Military Department
HAZARD MITIGATION GRANT AGREEMENT FACE SHEET
1. Sub-Grantee Name and Address:
City of Auburn
25 W. Main Street
Auburn, WA 98001
2. Total Grant Amount:
$200,000
Up to $150,000 F, $25,000 S, $25,000 L
3. Grant Number:
D16-010
4. Sub-Grantee Contact, phone/email:
Susan Fenhaus (253) 804-5061
sfenhaus@auburnwa.gov
5. Grant Start Date:
September 15, 2016 6. Grant End Date:
April 2, 2018
7. Department Program Manager, phone/email:
Tim Cook, (253) 512-7072
Tim.cook@mil.wa.gov
8. Data Universal Numbering System (DUNS):
032942575
9. UBI # (state revenue):
171-000-010
10. Funding Authority: Washington State Military Department (the “Department”), and Federal Emergency Management Agency (FEMA)
11. Funding Source Agreement #: FEMA-4168-DR-WA-6-R 12. Program Index #
744F2 / 742L3 13. Catalog of Federal Domestic Asst.
(CFDA) # & Title: 97.039 (HMGP)
14. TIN or SSN:
91-6001228
15. Service Districts:
(BY LEGISLATIVE DISTRICT):30, 31 & 47
(BY CONGRESSIONAL DISTRICT): 8 & 9
16. Service Area by County(ies):
King and Pierce County
17. Women/Minority-Owned, State
Certified?: x N/A NO YES, OMWBE #_________
18. Contract Classification:
Personal Services Client Services x Public/Local Gov’t
Collaborative Research A/E Other________
19. Contract Type (check all that apply):
Contract x Grant x Agreement
Intergovernmental (RCW 39.34) Interagency
20. Contractor Selection Process:
x “To all who apply & qualify” Competitive Bidding
Sole Source A/E RCW N/A
Filed w/OFM? Advertised? YES NO ______
21. Contractor Type (check all that apply)
Private Organization/Individual For-Profit x Public Organization/Jurisdiction x Non-Profit
VENDOR x SUBRECIPIENT x OTHER
22. BRIEF DESCRIPTION:
FEMA’s Hazard Mitigation Grant Program provides grants for mitigation planning and cost-effective mitigation actions after a
Presidential disaster declaration to reduce the risk of loss of life and property damage in future disasters. Title: Project 4168-6-R
– Reservoir 1 Seismic Control Valve - Provide funds to City of Auburn to install seismic control valve at the City’s largest reservoir,
preventing water from escaping from the reservoir in case of an earthquake. Project details are noted in Attachment 3 -
Certification and Assurances, Attachment 4 – Statement of Work and/or Description of the Project, Attachment 5 - Project
Development Schedule, Attachment 6 - Project Budget, and the FEMA approved project application, each of which are
incorporated herein by this reference.
IN WITNESS WHEREOF, the Department and Sub-Grantee acknowledge and accept the terms of this Grant Agreement, exhibits, references and
attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet; Special
Terms & Conditions (Attachment 1); General Terms and Conditions (Attachment 2); Certification and Assurances (Attachment 3); Statement of
Work and/or Description of Project (Attachment 4); Project Development Schedule (Attachment 5); Project Budget (Attachment 6); and all other
documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties
and govern the rights and obligations of the parties to this Grant Agreement. No other understandings, oral or otherwise, regarding the subject
matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto.
In the event of an inconsistency in this Grant Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable Federal and State Statutes and Regulations
2. Statement of Work and/or Project Description as outlined in FEMA approved Project Application
3. Special Terms and Conditions
4. General Terms and Conditions, and,
5. Other provisions of the contract incorporated by reference.
WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below.
FOR THE DEPARTMENT:
________________________________________
Signature Date
Richard A. Woodruff, Contracts Officer
Washington State Military Department
BOILERPLATE APPROVED AS TO FORM:
Brian E. Buchholz (signature on file) 1/28/2014
Assistant Attorney General
FOR THE SUB-GRANTEE:
_____________________________________
Signature Date
Nancy Backus, Mayor
City of Auburn
APPROVED AS TO FORM:
______________________________________
Date
Form 1/28/2014
RES.I Page 227 of 280
HMGP Page 2 of 37 City of Auburn, D16-010
Attachment 1
Washington State Military Department
SPECIAL TERMS AND CONDITIONS
ARTICLE I - KEY PERSONNEL:
1. The individuals listed below shall be considered key personnel and point of contact. Any
substitution by either party must be submitted in writing.
SUB-GRANTEE MILITARY DEPARTMENT
Name Susan Fenhaus Name Tim Cook
Title Water Utility Engineer Title State Hazard Mitigation Officer
E-Mail sfenhaus@auburnwa.gov E-Mail Tim.cook@mil.wa.gov
Phone 253-804-5061 Phone 253-512-7072
Name Lisa Tobin Name Courtney Merwin
Title Utilities Engineering Manager Title Hazard Mitigation Grant Program Coordinator
E-Mail ltobin@auburnwa.gov E-Mail Courtney.merwin@mil.wa.gov
Phone 253-804-5062 Phone 253-512-7460
Name Consuelo Rogel Name
Title Financial Analyst Title
E-Mail crogel@auburnwa.gov E-Mail
Phone 253-804-5023 Phone
ARTICLE II – ADMINISTRATIVE AND /OR FINANCIAL MANAGEMENT AND ACCOUNTING:
The SUB-GRANTEE shall comply with all applicable state and federal laws, regulations, and
program guidance. A non-exclusive list of laws, regulations and guidance commonly
applicable to FEMA grants are listed here for reference only, and include but are not limited
to, the following:
1. Applicable FEMA CFR and Program Guidance provisions:
• Title 44 Code of Federal Regulations (CFR) Part 206, Subpart N (206.430- .440), Hazard
Mitigation Grant Program.
• Title 44 CFR Part 79, Flood Mitigation Grants.
• Title 44 CFR Part 80, Property Acquisition and Relocation for Open Space.
• Title 44 CFR Part 7, Nondiscrimination in Federally Assisted Programs.
• Title 44 CFR Part 9, Floodplain Management and Protection of Wetlands.
• Title 44 CFR Part 10, Environmental Considerations.
• Title 44 CFR Part 16, Enforcement of Nondiscrimination on the Basis of Handicap.
• Title 44 CFR Part 17, Government wide Requirements for Drug-Free Workplace.
• Title 44 CFR Part 18, New Restrictions on Lobbying.
• Hazard Mitigation Assistance Unified Guidance, FEMA, July 12, 2013.
2. Cost Principles:
• 2 CFR Part 220 – OMB Circular A-21, as revised, Cost Principles for Educational
Institutions.
• 2 CFR Part 225 as revised, Cost Principles for State, Local and Indian Tribal
Governments.
• 2 CFR Part 230 as revised, Cost Principles for Non-Profit Organizations.
3. Administrative Requirements:
RES.I Page 228 of 280
HMGP Page 3 of 37 City of Auburn, D16-010
• 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
• OMB Circular A-102, as revised, Grants and Cooperative Agreements with State and
Local Governments.
• 2 CFR Part 215 – OMB Circular A-110, as revised, Uniform Administrative Requirements
for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations.
4. Audit Requirements:
• OMB Circular A-133, as revised, Audits of States, Local Governments, and Non-Profit
Organizations.
5. The Sub-Grantee shall comply with the Federal Funding Accountability and Transparency Act
(FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by
section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note), and complete and return
to the Department Attachment 7 attached to and made a part of this Agreement.
ARTICLE III – COMPENSATION SCHEDULE:
1. PROJECT FUNDING
The Department will administer the Hazard Mitigation Grant Program and will pass through
the federal match and commit the required state match. The Sub-Grantee will commit the
required local match.
a. The total cost of the project (total project cost) for the purposes of this Grant Agreement
is $200,000 dollars; PROVIDED that, if the total cost of the project when completed, or
when this Grant Agreement is terminated, is actually less than above, the actual cost shall
be substituted herein.
b. The value of the contributions by the Sub-Grantee to the project shall be $25,000 dollars,
or 12.5 percent, at minimum, of the total project cost. The Sub-Grantee’s contributions
may be cash or in-kind, must be from a non-federal source, must be reasonable, allowable
and allocable, and must comply with all Federal requirements and regulations.
c. When the Department enters into an agreement with the Federal Emergency Management
Agency (FEMA) to contribute federal funds to this project, that federal contribution will be
$150,000 dollars, or 75 percent of the total project cost, whichever is less.
d. The value of the contributions by the Department to the project shall be $25,000 dollars,
or 12.5 percent, at minimum, of the total project cost. The Department’s contributions
must be from a non-federal source and must comply with all Federal requirements and
regulations.
e. The Department shall not be obligated to pay any amount beyond that set out in
Subsections c and d above, unless that additional amount has been approved in advance
by both the Department and Sub-Grantee and is incorporated by written amendment into
this Grant Agreement.
f. Except as provided in Article III, 1. g. of this Agreement, some flexibility to shift funds
between budget categories is allowed as follows: Transfer of funds between total direct
cost categories in the approved budget will not be reimbursed without the prior written
authorization of the Department and FEMA when such cumulative transfers among those
approved cost categories exceed 10 percent of the total budget. Approved budget
categories are as specified or defined in the Project Budget, Attachment #6.
g. Transfer of funds between construction and non-construction budget categories is allowed
only upon prior written approval and authorization of the Department. Approved budget
categories are as specified or defined in the Project Budget, Attachment #6.
2. GRANT AGREEMENT PERIOD
Activities payable under this Grant Agreement and to be performed by the Sub-Grantee under
this Grant Agreement shall only be those after the obligation of federal funds on September
RES.I Page 229 of 280
HMGP Page 4 of 37 City of Auburn, D16-010
15, 2016 and shall terminate on April 2, 2018. This period shall be referred to herein as the
Grant Agreement Period and/or Period of Performance, unless expressly stated otherwise.
Costs incurred during the Grant Agreement Period shall include pre-award costs authorized
in writing by FEMA as well as eligible costs incurred after the effective date of the Grant
Agreement Period and before termination.
a. The Sub-Grantee shall complete the project as described in the FEMA approved project
application 4168-6-R, incorporated in and made a part of this Agreement by reference,
and as described in Attachments #4, #5 and #6. In the event of extenuating
circumstances, the Sub-Grantee may request, in writing, that the Department extend the
deadline for Grant Agreement completion. The Department may, in its sole discretion,
extend the deadline only by written amendment to this Agreement.
b. No expenditure made, or obligation incurred, before or after the Grant Agreement Period
shall be eligible, in whole or in part, for grant funds with the exception of pre-award costs
authorized in writing by FEMA. In addition to any remedy the Department may have under
this Grant Agreement, the amounts set out in Article III, section 1. Project Funding,
above, may be reduced to exclude any such expenditure from participation.
c. Failure to complete the project in a timely manner, as outlined in Attachment #5, is a
material breach of this Grant Agreement for which the Department is entitled to termination
or suspension under Attachment 2, section A.32.
3. PROJECT PAYMENT(s)
The Department, using disaster funds from PL 93-288, the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, as amended, and the State of Washington, for the Hazard
Mitigation Grant Program, shall issue payments to the Sub-Grantee as follows:
a. Payment for eligible, reimbursable work completed and billed on an A-19, Voucher
Distribution, upon receipt of acceptable documentation, to include, but not limited to,
copies of receipts for all goods and services purchased, copies of invoices from
contractors and subcontractors for work completed, and copies of timesheets for staff
involved with the project, sign-in/sign-out sheets for donated personnel and/or volunteer
time spent on the project, and documentation to support other in-kind contributions.
b. The Department reserves the right to withhold disbursement of up to 10 percent of the
total project cost, as specified in Article III, section 1, Project Funding, to the Sub-Grantee
until the project has been completed and given final approval by the Department.
c. Final Payment: Final payment of any remaining, or withheld, funds will be made within 60
days after submission by the Sub-Grantee of the final report, final A-19, Voucher
Distribution, and completion of all final inspections by the Department.
Final payment by the Department also may be conditioned upon a financial review, if
determined necessary by the Department. Adjustments to the final payment may be made
following any audits conducted by the Department, Washington State Auditor's Office, the
United States Inspector General, or their authorized representatives.
ARTICLE IV – DOCUMENTATION
The Sub-Grantee is required to retain all documentation which adequately identifies the source
and application of all mitigation grant funds for six years following the closure of this grant. For
all funds received, source documentation includes adequate accounting of actual costs and
recoveries incurred.
ARTICLE V – REPORTS:
1. In addition to the reports as may be required elsewhere in this Grant Agreement, the Sub-
Grantee shall promptly prepare and submit the following reports to the Department’s Key
Personnel:
a. Quarterly progress reports, no later than the 15th day following the end of the fiscal quarter,
indicating the status of the project, to include a brief narrative on progress during the
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quarter. The report shall identify the costs incurred to date, the percentage of work
completed, the anticipated completion date of the project, and whether cost under runs or
over runs are expected. In addition, the Sub-Grantee should note any challenges or
issues associated with the project. Failure to submit a complete quarterly report within 15
days following the end of the quarter will result in suspension of all payments to the Sub-
Grantee until a complete quarterly report is received by the Department.
b. A final report when the project is completed, prematurely terminated, or project assistance
is terminated. The report shall include a final accounting of all expenditures and a
description of work accomplished. If the project is not completed, the report shall contain
an estimate of the percentage of completion, and shall indicate the degree of usefulness
of the completed project. The report shall account for all expenditures not previously
reported and shall include a summary for the entire project.
ARTICLE VI – TIME EXTENSIONS
A time extension request for Grant Agreement completion must be submitted by the Sub-Grantee
to the Department no later than 60 days before the end of the Period of Performance. A time
extension request must be in writing and identify the project, the reason the project has not been
completed within the approved Period of Performance, a current status of the completion of the
work, a detailed timeline for completion of the remaining elements, and an anticipated completion
date for the completion of the remaining work. Failure to timely submit a complete time extension
request may result in denial of the time extension and loss of funding for the project.
ARTICLE VII – SUBRECIPIENT MONITORING:
1. The Department may monitor the use of project funding, costs, and activities by the Sub-
Grantee under this Grant Agreement during the Period of Performance and for the life of any
equipment purchased under this Grant Agreement for compliance with federal and state laws
and regulations, audit requirements, federal grant guidance, and applicable federal and state
financial regulations, as well as OMB Circular A-133, Audits of States, Local Governments
and Non-Profit Organizations. As a subrecipient of federal financial assistance under Circular
A-133, the Sub-grantee shall complete and return to the Department Attachment 8 “OMB
Circular A-133 Audit Certification Form” with the signed Grant Agreement and each fiscal
year thereafter until the Grant Agreement is closed, which form is incorporated in and made
a part of this Agreement.
2. Monitoring activities may include, but are not limited to:
a. Review of quarterly project performance reports;
b. Review of all documentation related to Sub-Grantee completion of Grant Agreement
deliverables and compliance with the Grant Agreement;
c. Review of reimbursement requests to ensure allowability and consistency with Grant
Agreement budget;
d. On-site visits with the Sub-Grantee and of the project to review work in progress,
equipment records and inventories, verify source documentation for reimbursement
requests and performance reports, verify other supporting documentation, and verify
completion of the project funded under this Grant Agreement.
3. As a subrecipient of federal funds, the Sub-Grantee is required to meet or exceed the
monitoring activities, as outlined above, for all contractors, consultants, and subrecipients
who receive pass-through funding from this Grant Agreement.
ARTICLE VIII – CLOSE-OUT
To initiate close-out, the Sub-Grantee is required to certify in writing the date completed and total
amount expended on the project on FINAL PROJECT REPORT form to the Department. After
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receipt of the FINAL PROJECT REPORT form, the Department will conduct a site inspection and
review supporting documentation for compliance with the requirements of the Grant Agreement.
Prior to project close-out, the Sub-Grantee shall provide the Department with acceptable
documentation supporting compliance with the Grant Agreement. General documentation
supporting compliance with the Grant Agreement typically includes, but is not limited to, the
following:
• Photographs of the structures or properties involved in the project prior to project
implementation and after project implementation.
• Digital geospacial coordinates (latitude and longitude) for each structure with an accuracy
of ± 20 meters (64) feet.
• Certificate of occupancy or equivalent documentation from the appropriate regulatory
authority for each structure to certify it is code-compliant.
• Certification that the Sub-Grantee has met the environmental and historic preservation
conditions of the grant award as described in this Grant Agreement.
• Copies of all compliance and consultation documentation required by the grant award as
described in the Grant Agreement (e.g., coastal zone management consistency
determination from Department of Ecology).
• Copies of all documentation related to inspection for and removal and disposal of asbestos
and other hazardous materials from each property.
Specific additional documentation requirements for projects to acquire properties for open space
include, but are not limited to, the following:
• Signed Statement of Voluntary Participation from owner of each acquired property.
• Documentation of dates of acquisition and structure demolition or removal from property
for each property.
• Copy of recorded open space deed restrictions for each acquired property.
• Copy of AW -501 form filed with National Flood Insurance Program for each acquired
repetitive loss property.
• Documentation of consultation with Army Corps of Engineers and State Department of
Transportation regarding future use of each property.
Specific additional documentation requirements for projects to elevate structures above the base
flood elevation include, but are not limited to, the following:
• Photographs of the structures prior to elevation, and front, rear and side photos post-
elevation.
• Copies of the pre-project elevation certificate for each structure, or documentation of
methodology used to calculate the first-floor elevations.
• Copies of the post-project elevation certificate for each structure.
• Copies of certificate of occupancy for each elevated structure to certify that it is code
compliant.
• Certification by an engineer, floodplain manager or other senior official of the Sub-Grantee
that each completed structural elevation is in compliance with local ordinances and
National Flood Insurance Program regulations and technical bulletins.
• Copy of AW -501 form filed with National Flood Insurance Program for each elevated
repetitive loss property.
• Copies of proof of flood insurance for each elevated structure.
• Copies of the recorded deed restriction related to maintenance of flood insurance for each
property within the Special Flood Hazard Area.
The Department will consult with the Sub-Grantee regarding other documentation requirements
of the Grant Agreement throughout the Period of Performance.
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ARTICLE IX – ADDITIONAL SPECIAL CONDITIONS
1. CONSTRUCTION DOCUMENTS, CONTRACTS, CHANGE ORDERS
a. Construction Document Approval: The Sub-Grantee agrees to submit one copy of all
construction plans and specifications to the Department for review and approval prior to
solicitation of bids for construction. Review by the Department will be for compliance with
the terms of this Grant Agreement.
b. Construction Contracts: Construction contracts shall be awarded through a process of
competitive bidding, if required by federal, state and local law and in compliance with
applicable procurement requirements of 44 CFR Part 13, section 13.36. Copies of all bids
and contracts awarded shall be submitted to the Department upon request. Where all
bids are substantially in excess of project estimates, the Department may, by notice in
writing, suspend the project for determination of appropriate action, which may include
termination of the Grant Agreement.
c. Construction Change Order: All change orders must be in writing and shall be submitted
to the Department. The Sub-Grantee shall pay any increase in the cost of the project as
the result of a change order, unless the Department has agreed to the change with a
written amendment to this Grant Agreement.
2. PROCUREMENT
The Sub-Grantee shall comply with the requirements of 44 CFR Part 13, section 13.36,
Procurement, when procuring services, supplies, and property funded by this grant
agreement. The Sub-Grantee must use its own procurement procedures which are consistent
with applicable State and local laws and regulations, provided that the procurements conform
to applicable Federal law and the standards identified in 44 CFR Part 13, section 13.36.
Depending upon the scale of the procurement and the type of services or property to be
procured under this Grant Agreement, the Sub-Grantee must use one of the following for its
procurement:
a. Small purchases. The Sub-Grantee shall obtain price or rate quotations from an adequate
number of qualified sources for securing services, supplies, or other property that do not
cost more than the federal simplified acquisition threshold, currently set at $100,000.
b. Sealed bids (formal advertising). The Sub-Grantee shall publicly solicit and award a firm-
fixed-price contract (lump sum or unit price) to the responsible bidder whose bid,
conforming with all the material terms and conditions of the invitation for bids, is the lowest
in price.
c. Competitive proposals. The Sub-Grantee, when conditions are not appropriate for the use
of sealed bids, shall solicit competitive proposals when more than one source is submitting
an offer, and either a fixed-price or cost-reimbursement type contract is awarded.
d. Non-competitive proposals. The Sub-Grantee may procure services or property through
solicitation of a proposal from only one source, or after solicitation of a number of sources
if competition is determined inadequate. Procurement by noncompetitive proposals may
be used only when the award of a contract is infeasible under small purchase procedures,
sealed bids or competitive proposals, and one of the following circumstances applies: the
item is available only from a single source; the public exigency or emergency for the
requirement will not permit a delay resulting from competitive solicitation; the Department
authorizes noncompetitive proposals; or competition is determined inadequate after
solicitation of a number of sources.
The Sub-Grantee must maintain a contract administration system which ensures that
contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
The Sub-Grantee will make awards only to responsible contractors possessing the ability to
perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public
policy, record of past performance, and financial and technical resources.
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The Sub-Grantee will maintain records sufficient to detail the significant history of the
procurement. These records will include, but are not limited to the following: rationale for the
method of procurement, selection of contract type, contractor selection or rejection, and the
basis for the contract price.
The Sub-Grantee will conduct all procurement transactions in a manner providing full and
open competition consistent with the standards of 44 CFR Part 13, section 13.36.
3. ACQUISITION AND MANAGEMENT OF EQUIPMENT
The Sub-Grantee agrees that all equipment purchased under this Grant Agreement will be
recorded and maintained in the Sub-Grantee’s equipment inventory system, in compliance
with 44 CFR 13.32, Equipment.
a. Upon successful completion of the terms of this Grant Agreement, all equipment
purchased through this Grant Agreement will be owned by the Sub-Grantee.
b. The Sub-Grantee shall be responsible for any and all operation and maintenance
expenses and for the safe operation of their equipment including all questions of liability.
c. The Sub-Grantee shall maintain equipment records that include: a description of the
property; the manufacturer’s serial number, model number, or other identification number;
the source of the equipment, including the Catalog of Federal Domestic Assistance
(CFDA) number; who holds title; the acquisition date; the cost of the equipment and the
percentage of Federal participation in the cost; the location, use and condition of the
equipment at the date the information was reported; and disposition data including the
date of disposal and sale price of the property.
d. Records for equipment shall be retained by the Sub-Grantee for a period of six years from
the date of the disposition, replacement or transfer. If any litigation, claim, or audit is
started before the expiration of the six year period, the records shall be retained by the
Sub-Grantee until all litigation, claims, or audit findings involving the records have been
resolved.
e. The Sub-Grantee shall take a physical inventory of the equipment and reconcile the results
with the property records at least once every two years. Any differences between
quantities determined by the physical inspection and those shown in the records shall be
investigated by the Sub-Grantee to determine the cause of the difference. The Sub-
Grantee shall, in connection with the inventory, verify the existence, current utilization, and
continued need for the equipment.
f. The Sub-Grantee shall develop a control system to ensure adequate safeguards to
prevent loss, damage, and theft of the property. Any loss, damage or theft shall be
investigated and a report generated.
g. The Sub-Grantee will develop adequate maintenance procedures to keep the property in
good condition.
h. If the Sub-Grantee is authorized or required to sell the property, proper sales procedures
must be established to ensure the highest possible return.
i. When original or replacement equipment is no longer needed for the original project or
program or for other activities currently or previously supported by a Federal agency,
disposition of the equipment will be made as follows:
i. Items of equipment with a current per-unit fair market value of less than $5,000 may
be retained, sold or otherwise disposed of by the Sub-Grantee with no further
obligation to the awarding agency.
ii. Items of equipment with a current per-unit fair market value of more than $5,000 may
be retained or sold and the Sub-Grantee shall compensate the Federal-sponsoring
agency for its share.
j. As a subrecipient of federal funds, the Sub-Grantee must pass on equipment management
requirements that meet or exceed the requirements outlined above for all contractors,
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consultants, and subrecipients who receive pass-through funding from this grant
agreement.
4. As a recipient of federal financial assistance under this Agreement, the Sub-grantee
shall comply with all applicable state and federal statutes, regulations, executive
orders, and guidelines, including but not limited to the following:
a. All applicable state and federal statutes, regulations and executive orders relating
to nondiscrimination, including but not limited to the following: (a) Title VI of the
Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) which prohibits
discrimination on the basis of race, color or national origin; (b) the Civil Rights Act
of 1968 (42 U.S.C. 3601), which prohibits recipients from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability,
familial status, and sex; (c) Title IX of the Education Amendments of 1972, as
amended (20 U.S.C §§1681 et seq.), which prohibits discrimination on the basis
of sex; (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C
§794), which prohibits discrimination on the basis of disability; (e) the Age
Discrimination Act of 1975, as amended (42 U.S.C §§6101 et seq.), which prohibits
discrimination on the basis of age; (j) Clean Air Act of 1970, (k) Clean Water Act
of 1977, (n) Coastal Wetlands Planning, (o) Protection, and Restoration Act of
1990, (f) the Fair Housing Amendments Act of 1988, as amended (42 U.S.C.
§§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; (g) the Americans with Disabilities Act, as amended (42
U.S.C. §§ 12101-12213) which prohibits discrimination on the basis of disability;
and (h) Executive Order 13166 Improving Access to Services for Persons with
Limited English Proficiency.
b. All applicable state and federal statutes, regulations, executive orders and
guidelines relating to environmental and historical preservation, including but not
limited to the following: (a) the Coastal Wetlands Planning, Protection and
Restoration Act of 1990, as amended (16 U.S.C. 3951 et seq.), Executive Order
11990 and 44 CFR Part 9; (b) the Clean Air Act of 1970, as amended (42 U.S.C.
§7401) and the Clean Water Act of 1977, as amended (38 U.S.C. §§ 1251-1387)
and Executive Order 11738; (c) floodplains management pursuant to EO 11988,
as amended; (e) the Coastal Zone Management Act of 1972, as amended (P.L.
92-583, 16 U.S.C. §§1451 et seq.); (d) the National Environmental Policy Act, as
amended (42 U.S.C. §4321); (e) the Safe Drinking Water Act of 1974, as amended
(PL 93-523); (f) the Endangered Species Act of 1973, as amended (PL 93-205);
and (g) the National Historic Preservation Act, as amended (PL 89-665, 16 U.S.C.
§470 et seq.) and 36 CFR Part 800.
c. The Drug-Free Workplace Act of 1988, as amended (41 U.S.C. §701 et seq., 2
CFR 3001, 44 CFR Part 17).
d. Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22
U.S.C. §7104) and 2 CFR §175.
e. The requirements of 45 CFR Part 46 Protection of Human Subjects for purposes
of research, and the requirements in DHS Directive 026-04.
f. The requirements of the Animal Welfare Act of 1966, as amended (7 U.S.C. §2131
et. seq.).
g. The Flood Disaster Protection Act of 1973 the National Flood Insurance Act of
1968, as amended (42 U.S.C. §4001 et seq.).
h. The USA Patriot Act of 2001, as amended (18 U.S.C. §§175-175c).
i. The Fly America Act of 1974, as amended (49 U.S.C. §40118) and the interpretive
guidelines issued by the Comptroller General of the United States March 31, 1981,
amendment to Comptroller General Decision B138942.
j. The False Claims Act (FCA) (31 U.S.C. § 3729).
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k. Section 6 of the Hotel and Motel Safety Act of 1990 (15 U.S.C. §2225(a), ensuring
that all conference, meeting, convention, or training space funded in whole or in
part with Federal funds complies with the fire prevention and control guidelines of
the Federal Fire Prevention Control Act of 1974, 15 U.S.C. §2225.
5. The Sub-grantee must comply with any Federal requirements to acknowledge Federal funding
when issuing statements, press releases, requests for proposals, bid invitations, and other
documents describing projects or programs funded in whole or in part with Federal funds.
6. The Sub-grantee must obtain FEMA and Department of Homeland Security (DHS) approval
prior to using the FEMA or DHS seal(s), logos, crests or reproductions of flags or likenesses
of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
7. The Sub-grantee must ensure that any project activities carried on outside the United States
are coordinated as necessary with appropriate government authorities and that appropriate
licenses, permits, or approvals are obtained.
8. If, during the past three years, the recipient has been accused of discrimination on the grounds
of race, color, national origin (including limited English proficiency), sex, age, disability,
religion, or familial status, the Sub-grantee must provide a list of all such proceedings, pending
or completed, including outcome and copies of settlement agreements to the Department for
forwarding to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties.
In the event any court or administrative agency makes a finding of discrimination on grounds
of race, color, national origin (including limited English proficiency), sex, age, disability,
religion, or familial status against the Sub-grantee, or the recipient settles a case or matter
alleging such discrimination, recipients must forward a copy of the complaint and findings to
the DHS Component and/or awarding office. The United States has the right to seek judicial
enforcement of these obligations.
9. If the Sub-grantee collects personally identifiable information (PII), the Sub-grantee must have
a publically-available policy that describes what PII is collected, how the PII is used, whether
the PII is shared with third parties, and how individuals may have their PII corrected as
necessary.
10. The Sub-grantee and any of its sub-recipients are required to be non-delinquent in repayment
of any Federal debt.
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Attachment 2
Washington State Military Department
GENERAL TERMS AND CONDITIONS
Mitigation Grants
A.1 DEFINITIONS
As used throughout this Grant Agreement, the following terms will have the meaning set
forth below:
a. "Department” means the Washington State Military Department, as a state agency,
any division, section, office, unit or other entity of the Department, or any of the officers
or other officials lawfully representing that Department.
a. "Sub-grantee" means the government or other eligible legal entity to which a sub-
grant is awarded and which is accountable to the Grantee for the use of the funds
provided under this Grant Agreement, and includes all employees of the Sub-grantee
and any sub-contractor retained by the Sub-grantee as permitted under the terms of
this Grant Agreement. The term “Sub-grantee” and “Contractor” may be used
interchangeably in this Agreement.
b. “Sub-grantee Agent” means the official representative and alternate designated or
appointed by the Sub-grantee in writing and authorized to make decisions on behalf
of the Sub-grantee.
c. “Grantee” means the government to which a grant is awarded and which is
accountable for the use of the funds provided. The Grantee is an entire legal entity
even if only a particular component of the entity is designated in the grant award
document. For the purpose of this Grant Agreement, the state of Washington is the
Grantee. The Grantee and the Department are one and the same.
d. “Monitoring Activities” means all administrative, financial, or other review activities
that are conducted to ensure compliance with all state and federal laws, rules,
authorities, and policies.
e. “Project” shall mean those activities as described in the FEMA approved project
application 4168-6-R, which are incorporated in and made a part of this Agreement by
reference, and as described in Attachments #4, #5 and #6.
g. “PL” – is defined and used herein to mean the Public Law.
h. “CFR” – is defined and used herein to mean the Code of Federal Regulations.
i. “OMB” – is defined and used herein to mean the Office of Management and Budget.
j. "WAC ” – is defined and used herein to mean the Washington Administrative Code.
k. "RCW" – is defined and used herein to mean the Revised Code of Washington.
A.2 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS)
Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more
in one fiscal year of federal funds from all sources, direct and indirect, are required to have
a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart
F or Office of Management and Budget (OMB) Circular A-133-Audits of States, Local
Governments, and Non-Profit Organizations (amended June 27, 2003, effective for fiscal
years ending after December 31, 2003, and further amended June 26, 2007), as
applicable. Non-federal entities that spend less than $750,000 a year in federal awards
are exempt from federal audit requirements for that year, except as noted in 2 CFR Part
200 Subpart F/Circular No. A-133. As defined in 2 CFR Part 200/Circular A-133, the term
“non-federal entity” means a State, local government, Indian tribe, institution of higher
education, or non-profit organization that carries out a federal award as a recipient or
subrecipient.
Sub-grantees that qualify as subrecipients required to have an audit must ensure the audit
is performed in accordance with Generally Accepted Government Auditing Standards
(GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book)
developed by the United States Comptroller General and the OMB Compliance
Supplement. The Sub-grantee has the responsibility of notifying its auditor and requesting
an audit in compliance with 2 CFR Part 200 Subpart F/Circular A-133, to include the
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Washington State Auditor’s Office, a federal auditor, or a public accountant performing
work using GAGAS, as appropriate. Costs of the audit may be an allowable grant
expenditure as authorized by 2 CFR Part 200 Subpart F/Circular A-133.
The Sub-grantee shall maintain auditable records and accounts so as to facilitate the audit
requirement and shall ensure that any sub-contractors also maintain auditable records.
The Sub-grantee is responsible for any audit exceptions incurred by its own organization
or that of its sub-contractors. Responses to any unresolved management findings and
disallowed or questioned costs shall be included with the audit report. The Sub-grantee
must respond to Department requests for information or corrective action concerning audit
issues or findings within 30 days of the date of request. The Department reserves the
right to recover from the Sub-grantee all disallowed costs resulting from the audit.
Once the single audit has been completed, the Sub-grantee must send a full copy of the
audit to the Department and a letter stating there were no findings, or if there were findings,
the letter should provide a list of the findings. The Sub-grantee must send the audit and
the letter no later than nine (9) months after the end of the Sub-grantee’s fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
In addition to sending a copy of the audit, the Sub-grantee must include a corrective action
plan for any audit findings and a copy of the management letter if one was received.
If Sub-grantee claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart
F/Circular A-133, Sub-grantee must send a letter identifying this Grant Agreement and
explaining the criteria for exemption no later than nine (9) months after the end of the Sub-
grantee fiscal year(s) to:
Contracts Office
Washington Military Department
Finance Division, Building #1 TA-20
Camp Murray, WA 98430-5032
The Department retains the sole discretion to determine whether a valid claim for an
exemption from the audit requirements of this provision has been established.
The Sub-grantee shall include the above audit requirements in any sub-contracts.
Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subpart
F/Circular A-133 is a material requirement of this Grant Agreement. In the absence of a
valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F/Circular
A-133, the Sub-grantees failure to comply with said audit requirements may result in one
or more of the following actions in the Department’s sole discretion: a percentage of
federal awards being withheld until the audit is completed in accordance with 2 CFR Part
200 Subpart F/Circular A-133; the withholding or disallowing of overhead costs; the
suspension of federal awards until the audit is conducted and submitted; or termination of
the federal award.
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A.3 ADVANCE PAYMENTS PROHIBITED
The Department shall make no payments in advance or in anticipation of goods or services
to be provided under this Agreement. Sub-grantee shall not invoice the Department in
advance of delivery and invoicing of such goods or services.
A.4 AMENDMENTS AND MODIFICATIONS
The Sub-grantee or the Department may request, in writing, an amendment or
modification of this Grant Agreement. However, such amendment or modification shall
not be binding, take effect or be incorporated herein until made in writing and signed by
the authorized representatives of the Department and the Sub-grantee. No other
understandings or agreements, written or oral, shall be binding on the parties.
A.5 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42
U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED
TO AS THE “ADA” 28 CFR Part 35.
The Sub-grantee must comply with the ADA, which provides comprehensive civil rights
protection to individuals with disabilities in the areas of employment, public
accommodations, state and local government services, and telecommunication.
A.6 APPLICATION REPRESENTATION-MISREPRESENTATION, INACCURACY AND
BREACH
The Department relies upon the Sub-Grantee's application in making its determinations
as to eligibility for, selection for, and scope of funding grants. Any misrepresentation, error
or inaccuracy in any part of the application may be deemed a breach of this Grant
Agreement.
A.6 ASSURANCES
Department and Sub-grantee agree that all activity pursuant to this Grant Agreement will
be in accordance with all the applicable current federal, state and local laws, rules and
regulations.
A.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY
As federal funds are a basis for this Grant Agreement, the Sub-grantee certifies that the
Sub-grantee is not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal
department or agency.
If requested by the Department, the Sub-grantee shall complete and sign a Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such
form completed by the Sub-grantee for this Grant Agreement shall be incorporated into
this Grant Agreement by reference.
Further, the Sub-grantee agrees to comply with all applicable federal regulations
concerning the federal debarment and suspension system, including 2 CFR Part 180. The
Sub-grantee certifies that it will ensure that potential sub-contractors or sub-recipients or
any of their principals are not debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in “covered transactions” by any
federal department or agency. “Covered transactions” include procurement contracts for
goods or services awarded under a non-procurement transaction (e.g. grant or
cooperative agreement) that are expected to equal or exceed $25,000, and sub-awards
to sub-recipients for any amount. With respect to covered transactions, the Sub-grantee
may comply with this provision by obtaining a certification statement from the potential
sub-contractor or sub-recipient or by checking the System for Award Management
(http://www.sam.gov) maintained by the federal government. The Sub-grantee also agrees not to
enter into any arrangements or contracts with any party on the Washington State Department of
Labor and Industries’ “Debarred Contractor List”
(http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors/).
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A.8 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING
As required by 44 CFR Part 18, the Sub-grantee hereby certifies that to the best of its
knowledge and belief: (1) no federally appropriated funds have been paid or will be paid
by or on behalf of the Sub-grantee to any person for influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal contract, grant, loan, or cooperative agreement;
(2) that if any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Grant Agreement, grant, loan, or cooperative
agreement, the Sub-grantee will complete and submit Standard Form-LLL, “Disclosure
Form to Report Lobbying,” in accordance with its instructions; (3) and that, as applicable,
the Sub-grantee will require that the language of this certification be included in the award
documents for all subawards at all tiers (including sub-contracts, sub-grants, and contracts
under grants, loans, and cooperative agreements) and that all sub-recipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into, and is a prerequisite
for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.
A.9 CONFLICT OF INTEREST
No officer or employee of the Department; no member, officer, or employee of the Sub-
grantee or its designees or agents; no member of the governing body of the jurisdiction in
which the project is undertaken or located; and no other official of such the Sub-grantee
who exercises any functions or responsibilities with respect to the project during his or her
tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any
contract, subcontract, or the proceeds thereof, for work to be performed in connection with
the project assisted under this Grant Agreement. The Sub-grantee shall incorporate, or
cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to this provision.
A.10 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES
The Sub-grantee and all its contractors shall comply with, and the Department is not
responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation
includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and
Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA),
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as
amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48
CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public
Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline
Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy
Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and
Handicapped Persons (RCW 70.92), and safety and health regulations.
In the event of the Sub-grantee’s or its contractor’s noncompliance or refusal to comply
with any applicable law, regulation, executive order, OMB Circular or policy, the
Department may rescind, cancel, or terminate the Grant Agreement in whole or in part in
its sole discretion. The Sub-grantee is responsible for all costs or liability arising from its
failure to comply with applicable law, regulation, executive order, OMB Circular or policy.
A.11 DISCLOSURE
The use or disclosure by any party of any information concerning the Department for any
purpose not directly connected with the administration of the Department's or the Sub-
grantee’s responsibilities with respect to services provided under this Grant Agreement is
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prohibited except by prior written consent of the Department or as required to comply with
the state Public Records Act, other law or court order.
A.12 DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between
the parties and it cannot be resolved through discussion and negotiation, either party may
request a dispute resolution panel to resolve the dispute. A request for a dispute resolution
board shall be in writing, state the disputed issues, state the relative positions of the
parties, and be sent to all parties. The panel shall consist of a representative appointed
by the Department, a representative appointed by the Contractor and a third party mutually
agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each
party shall bear the cost for its panel member and its attorney fees and costs, and share
equally the cost of the third panel member.
A.13 DUPLICATION OF BENEFITS
The Sub-Grantee agrees that the mitigation grant funds for which federal or state
assistance is requested does not, or will not, duplicate benefits or funds received for the
same purpose from any other source. The Sub-Grantee will pursue full payment of eligible
insurance benefits for properties covered in a project under this Grant Agreement. The
Sub-Grantee will repay any mitigation grant funds that are duplicated by other benefits,
funds, or insurance proceeds.
A.14 HAZARDOUS SUBSTANCES
The Sub-Grantee shall inspect and investigate the proposed
development/construction site for the presence of hazardous substances. The
Sub-Grantee shall fully disclose to the Department the results of its inspection and
investigation and all other knowledge the Sub-Grantee has as to the presence of
any hazardous substances at the proposed development/construction project site.
The Sub-Grantee will be responsible for any associated clean-up costs.
"Hazardous Substance" is defined in RCW 70.105D.020 (10).
A.15 LEGAL RELATIONS
It is understood and agreed that this Grant Agreement is solely for the benefit of the parties
to the Grant Agreement and gives no right to any other party. No joint venture or
partnership is formed as a result of this Grant Agreement.
To the extent allowed by law, the Sub-grantee, its successors or assigns, will protect, save
and hold harmless the Department, the State of Washington, and the United States
Government and their authorized agents and employees, from all claims, actions, costs,
damages or expenses of any nature whatsoever by reason of the acts or omissions of the
Sub-grantee, its sub-contractors, assigns, agents, contractors, consultants, licensees,
invitees, employees or any person whomsoever arising out of or in connection with any
acts or activities authorized by this Grant Agreement.
To the extent allowed by law, the Sub-grantee further agrees to defend the Department
and the State of Washington and their authorized agents and employees in any litigation;
including payment of any costs or attorneys' fees for any claims or action commenced
thereon arising out of or in connection with acts or activities authorized by this Grant
Agreement.
This obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the Department; provided, that if the claims or damages
are caused by or result from the concurrent negligence of (1) the Department, and (2) the
Sub-grantee, its agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Sub-grantee, or Sub-grantee’s
agents or employees.
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Insofar as the funding source, the Department of Homeland Security (DHS)/Federal
Emergency Management Agency (FEMA), is an agency of the federal government, the
following shall apply:
44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based
upon the exercise or performance of, or the failure to exercise or perform a discretionary
function or duty on the part of a federal agency or an employee of the federal government
in carrying out the provisions of the Stafford Act.
A.16 LIMITATION OF AUTHORITY – Authorized Signature
The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement. Only the Department’s Authorized Signature
representative and the Authorized Signature representative of the Sub-grantee or
Alternate for the Sub-grantee, formally designated in writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Grant Agreement. Any alteration, amendment, modification, or waiver of any clause
or condition of this Grant Agreement is not effective or binding unless made in writing and
signed by both parties Authorized Signature representatives. Further, only the Authorized
Signature representative or Alternate for the Sub-grantee shall have signature authority to
sign reimbursement requests, time extension requests, amendment and modification
requests, requests for changes to projects or work plans, and other requests, certifications
and documents authorized by or required under this Agreement.
A.17 LOSS OR REDUCTION OF FUNDING
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited
in any way after the effective date of this Agreement and prior to normal completion or end
date, the Department may unilaterally reduce the scope of work and budget or unilaterally
terminate all or part of the Agreement as a “Termination for Cause” without providing the
Sub-grantee an opportunity to cure. Alternatively, the parties may renegotiate the terms
of this Agreement under “Amendments and Modifications” to comply with new funding
limitations and conditions, although the Department has no obligation to do so.
A.18 NONASSIGNABILITY
Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be
transferred or assigned by the Sub-grantee.
A.19 NONDISCRIMINATION
The Sub-grantee shall comply with all applicable federal and state non-discrimination
laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color,
sex, sexual orientation, religion, national origin, marital status, honorably discharged
veteran or military status, or disability (physical, mental, or sensory) be denied the benefits
of, or otherwise be subjected to discrimination under any project, program, or activity,
funded, in whole or in part, under this Grant Agreement.
A.20 NOTICES
The Sub-grantee shall comply with all public notices or notices to individuals required by
applicable local, state and federal laws and shall maintain a record of this compliance.
A.21 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/
HEALTH ACT (OSHA/WISHA)
The Sub-grantee represents and warrants that its work place does now or will meet all
applicable federal and state safety and health regulations that are in effect during the Sub-
grantee’s performance under this Grant Agreement. To the extent allowed by law, the
Sub-grantee further agrees to indemnify and hold harmless the Department and its
employees and agents from all liability, damages and costs of any nature, including but
not limited to, costs of suits and attorneys' fees assessed against the Department, as a
result of the failure of the Sub-grantee to so comply.
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A.22 OWNERSHIP OF PROJECT/CAPITAL FACILITIES
The Department makes no claim to any capital facilities or real property improved or
constructed with funds under this Grant Agreement, and by this grant of funds does not
and will not acquire any ownership interest or title to such property of the Sub-grantee.
The Sub-grantee shall assume all liabilities arising from the ownership and operation of
the project and agrees to hold the Department and the state of Washington and the United
States government harmless from any and all causes of action arising from the ownership
and operation of the project.
A.23 POLITICAL ACTIVITY
No portion of the funds provided herein shall be used for any partisan political activity or
to further the election or defeat of any candidate for public office or influence the approval
or defeat of any ballot issue.
A.24 PRIVACY
Personal information collected, used or acquired in connection with this agreement shall
be used solely for the purposes of this agreement. Sub-Grantee and its subcontractors
agree not to release, divulge, publish, transfer, sell or otherwise make known to
unauthorized persons personal information without the express written consent of the
Department or as provided by law or court order. Sub-Grantee agrees to implement
physical, electronic and managerial safeguards to prevent unauthorized access to
personal information.
The Department reserves the right to monitor, audit, or investigate the use of personal
information collected, used or acquired by the Sub-Grantee through this contract. The
monitoring, auditing or investigating may include but is not limited to “salting” by the
Department. Salting is the act of placing a record containing unique but false information
in a database that can be used later to identify inappropriate disclosure of data contained
in the database.
Any breach of this provision may result in termination of the contract and the demand for
return of all personal information. The Sub-Grantee agrees to indemnify and hold
harmless the Department for any damages related to the Sub-Grantee’s unauthorized use,
loss or disclosure of personal information.
For purposes of this provision, personal information includes, but is not limited to,
information identifiable to an individual that relates to a natural person’s health, finances,
education, business, use or receipt of governmental services, or other activities, names,
addresses, telephone numbers, social security numbers, driver license numbers, financial
profiles, credit card numbers, financial identifiers and other identifying numbers.
A.25 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The assistance provided under this Grant Agreement shall not be used in payment of any
bonus or commission for the purpose of obtaining approval of the application for such
assistance or any other approval or concurrence under this Grant Agreement provided,
however, that reasonable fees or bona fide technical consultant, managerial, or other such
services, other than actual solicitation, are not hereby prohibited if otherwise eligible as
project costs.
A.26 PUBLICITY
The Sub-grantee agrees to submit to the Department prior to issuance all advertising and
publicity matters relating to this Grant Agreement wherein the Department’s name is
mentioned or language used from which the connection of the Department’s name may,
in the Department’s judgment, be inferred or implied. The Sub-grantee agrees not to
publish or use such advertising and publicity matters without the prior written consent of
the Department. The Sub-grantee may copyright original work it develops in the course of
or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use the work for government purposes.
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Publication resulting from work performed under this Grant Agreement shall include an
acknowledgement of FEMA’s financial support, by CFDA number, and a statement that
the publication does not constitute an endorsement by FEMA or reflect FEMA’s views.
A.27 RECAPTURE PROVISION
In the event the Sub-grantee fails to expend funds under this Agreement in accordance
with applicable federal, state, and local laws and/or the provisions of the Grant Agreement,
the Department reserves the right to recapture funds in an amount equivalent to the extent
of noncompliance. Such right of recapture shall exist for the life of the project following
Grant Agreement termination. Repayment by the Sub-grantee of funds under this
recapture provision shall occur within 30 days of demand.
In the event the Department is required to institute legal proceedings to enforce the
recapture provision, the Department shall be entitled to its costs thereof, including attorney
fees.
A.28 RECORDS
a. The Sub-grantee agrees to maintain all books, records, documents, receipts, invoices
and all other electronic or written records necessary to sufficiently and properly reflect
the Sub-grantee’s contracts, grant administration, and payments, including all direct
and indirect charges, and expenditures in the performance of this Grant Agreement
(the “records”).
b. The Sub-grantee’s records related to this Grant Agreement and the projects funded
may be inspected and audited by the Department or its designee, by the Office of the
State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United
States or its designees, or by other state or federal officials authorized by law, for the
purposes of determining compliance by the Sub-grantee with the terms of this Grant
Agreement and to determine the appropriate level of funding to be paid under the
Grant Agreement.
c. The records shall be made available by the Sub-grantee for such inspection and audit,
together with suitable space for such purpose, at any and all times during the Sub-
grantee’s normal working day.
d. The Sub-grantee shall retain and allow access to all records related to this Grant
Agreement and the funded project(s) for a period of at least six (6) years following final
payment and closure of the grant under this Grant Agreement.
A.29 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN
While the Department undertakes to assist the Sub-grantee with the project/statement of
work/work plan (project) by providing grant funds pursuant to this Grant Agreement, the
project itself remains the sole responsibility of the Sub-grantee. The Department
undertakes no responsibility to the Sub-grantee, or to any third party, other than as is
expressly set out in this Grant Agreement.
The responsibility for the design, development, construction, implementation, operation
and maintenance of the project, as these phrases are applicable to this project, is solely
that of the Sub-grantee, as is responsibility for any claim or suit of any nature by any third
party related in any way to the project.
Prior to the start of any construction activity, the Sub-grantee shall ensure that all
applicable Federal, State, and local permits and clearances are obtained, including but
not limited to FEMA compliance with the National Environmental Policy Act, the National
Historic Preservation Act, the Endangered Species Act, and all other environmental laws
and executive orders.
The Sub-grantee shall defend, at its own cost, any and all claims or suits at law or in
equity, which may be brought against the Sub-grantee in connection with the project. The
Sub-grantee shall not look to the Department, or to any state or federal agency, or to any
of their employees or agents, for any performance, assistance, or any payment or
indemnity, including but not limited to cost of defense and/or attorneys’ fees, in connection
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with any claim or lawsuit brought by any third party related to any design, development,
construction, implementation, operation and/or maintenance of a project.
A.30 SEVERABILITY
If any court of rightful jurisdiction holds any provision or condition under this Grant
Agreement or its application to any person or circumstances invalid, this invalidity does
not affect other provisions, terms or conditions of the Grant Agreement, which can be
given effect without the invalid provision. To this end, the terms and conditions of this
Grant Agreement are declared severable.
A.31 SUB-CONTRACTING
The Sub-grantee shall use a competitive procurement process in the award of any
contracts with contractors or sub-contractors that are entered into under the original
contract award. The procurement process followed shall be in accordance with 44 CFR
Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments, or with OMB Circular A-110, Uniform Administrative
Requirements for Grants and Other Agreements with Institutions of Higher Education,
Hospitals, and Other Nonprofit Organizations, as applicable to the Sub-grantee.
As required by Section 694 of the “Post-Katrina Emergency Management Reform Act”
(P.L. 109-295), which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts
or agreements with private organizations, firms or individuals for debris clearance,
distribution of supplies, reconstruction, and other major disaster assistance activities, shall
be awarded to those organizations, firms and individuals residing or doing business
primarily in the geographical area affected by the disaster, to the extent feasible and
practicable. Such contracts or agreements with private organizations, firms, or individuals,
not residing or doing business primarily in the geographical area affected by the declared
disaster shall be justified in writing in the Sub-Grantee’s contract file, with documentation
provided to the Department. Contracts in place prior to a declaration should be
transitioned to such local organizations, firms or individuals unless the head of the Sub-
Grantee organization determines that it is not feasible or practicable. This determination
must be documented in the Sub-Grantee’s grant agreement file, with documentation
provided to the Department. The transition requirement should not be construed to require
an Sub-Grantee to breach an existing contract.
Sub-Grantees must comply with the following provisions regarding procurement, and all
Sub-Grantee contracts with sub-contractors must contain the following provisions
regarding procurement, per 44 CFR Part 13.36(i):
1) Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (All contracts more than the simplified acquisition threshold).
2) Termination for cause and for convenience by the grantee or sub-grantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of $10,000).
3) Compliance with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal
Employment Opportunity,’’ as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).
(All construction contracts awarded in excess of $10,000 by grantees and their
contractors or sub-grantees).
4) Compliance with the Copeland ‘‘Anti-Kickback’’ Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and sub-grants for
construction or repair).
5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented
by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess
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of $2,000 awarded by grantees and sub-grantees when required by Federal grant
program legislation).
6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and sub-
grantees in excess of $2,000, and in excess of $2,500 for other contracts which involve
the employment of mechanics or laborers).
7) Notice of awarding agency requirements and regulations pertaining to reporting.
8) Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
9) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10) Access by the grantee, the sub-grantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
11) Retention of all required records for three years after grantees or sub-grantees make
final payments and all other pending matters are closed.
12) Compliance with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (All contracts, sub-contracts, and sub-grants of amounts
in excess of $100,000).
13) Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94–163, 89 Stat. 871).
The Department reserves the right to review the Sub-Grantee procurement plans and
documents, and require the Sub-Grantee to make changes to bring its plans and
documents into compliance with the requirements of 44 CFR Part 13.36. The Sub-
Grantee must ensure that its procurement process requires contractors and
subcontractors to provide adequate documentation with sufficient detail to support the
costs of the project and to allow both the Sub-Grantee and Department to make a
determination on eligibility of project costs.
All sub-contracting agreements entered into pursuant to this Grant Agreement shall
incorporate this Grant Agreement by reference.
A.32 SUB-GRANTEE NOT EMPLOYEE
The parties intend that an independent contractor relationship will be created by this Grant
Agreement. The Sub-grantee, and/or employees or agents performing under this Grant
Agreement are not employees or agents of the Department in any manner whatsoever.
The Sub-grantee will not be presented as nor claim to be an officer or employee of the
Department or of the State of Washington by reason of this Grant Agreement, nor will the
Sub-grantee make any claim, demand, or application to or for any right or privilege
applicable to an officer or employee of the Department or of the State of Washington by
reason of this Grant Agreement, including, but not limited to, Workmen's Compensation
coverage, unemployment insurance benefits, social security benefits, retirement
membership or credit, or privilege or benefit which would accrue to a civil service employee
under Chapter 41.06 RCW.
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It is understood that if the Sub-grantee is another state department, state agency, state
university, state college, state community college, state board, or state commission, that
the officers and employees are employed by the state of Washington in their own right
and not by reason of this Grant Agreement.
A.33 TAXES, FEES AND LICENSES
Unless otherwise provided in this Grant Agreement, the Sub-grantee shall be responsible
for, pay and maintain in current status all taxes, unemployment contributions, fees,
licenses, assessments, permit charges and expenses of any other kind for the Sub-
grantee or its staff required by statute or regulation that are applicable to Grant Agreement
performance.
A.34 TERMINATION FOR CONVENIENCE
Notwithstanding any provisions of this Grant Agreement, the Sub-grantee may terminate
this Grant Agreement by providing written notice of such termination to the Department’s
Key Personnel identified in the Grant Agreement, specifying the effective date thereof, at
least thirty (30) days prior to such date.
Except as otherwise provided in this Grant Agreement, the Department, in its sole
discretion and in the best interests of the State of Washington, may terminate this Grant
Agreement in whole or in part by providing ten (10) calendar days written notice, beginning
on the second day after mailing to the Sub-grantee. Upon notice of termination for
convenience, the Department reserves the right to suspend all or part of the Grant
Agreement, withhold further payments, or prohibit the Sub-grantee from incurring
additional obligations of funds. In the event of termination, the Sub-grantee shall be liable
for all damages as authorized by law. The rights and remedies of the Department provided
for in this section shall not be exclusive and are in addition to any other rights and remedies
provided by law.
A.35 TERMINATION OR SUSPENSION FOR CAUSE
In the event the Department, in its sole discretion, determines the Sub-grantee has failed
to fulfill in a timely and proper manner its obligations under this Grant Agreement, is in an
unsound financial condition so as to endanger performance hereunder, is in violation of
any laws or regulations that render the Sub-grantee unable to perform any aspect of the
Grant Agreement, or has violated any of the covenants, agreements or stipulations of this
Grant Agreement, the Department has the right to immediately suspend or terminate this
Grant Agreement in whole or in part.
The Department may notify the Sub-grantee in writing of the need to take corrective action
and provide a period of time in which to cure. The Department is not required to allow the
Sub-grantee an opportunity to cure if it is not feasible as determined solely within the
Department’s discretion. Any time allowed for cure shall not diminish or eliminate the Sub-
grantee liability for damages or otherwise affect any other remedies available to the
Department. If the Department allows the Sub-grantee an opportunity to cure, the
Department shall notify the Sub-grantee in writing of the need to take corrective action. If
the corrective action is not taken within ten (10) calendar days or as otherwise specified
by the Department, or if such corrective action is deemed by the Department to be
insufficient, the Grant Agreement may be terminated in whole or in part.
The Department reserves the right to suspend all or part of the Grant Agreement, withhold
further payments, or prohibit the Sub-grantee from incurring additional obligations of funds
during investigation of the alleged compliance breach, pending corrective action by the
Sub-grantee, if allowed, or pending a decision by the Department to terminate the Grant
Agreement in whole or in part.
In the event of termination, the Sub-grantee shall be liable for all damages as authorized
by law, including but not limited to, any cost difference between the original Grant
Agreement and the replacement or cover Grant Agreement and all administrative costs
directly related to the replacement Grant Agreement, e.g., cost of administering the
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competitive solicitation process, mailing, advertising and other associated staff time. The
rights and remedies of the Department provided for in this section shall not be exclusive
and are in addition to any other rights and remedies provided by law.
If it is determined that the Sub-grantee: (1) was not in default or material breach, or (2)
failure to perform was outside of the Sub-grantee’s control, fault or negligence, the
termination shall be deemed to be a “Termination for Convenience”.
A.36 TERMINATION PROCEDURES
In addition to the procedures set forth below, if the Department terminates this Grant
Agreement, the Sub-grantee shall follow any procedures specified in the termination
notice. Upon termination of this Grant Agreement and in addition to any other rights
provided in this Grant Agreement, the Department may require the Sub-grantee to deliver
to the Department any property specifically produced or acquired for the performance of
such part of this Grant Agreement as has been terminated.
If the termination is for convenience, the Department shall pay to the Sub-grantee agreed
upon price, if separately stated, for properly authorized and completed work and services
rendered or goods delivered to and accepted by the Department prior to the effective date
of Grant Agreement termination, and the amount agreed upon by the Sub-grantee and the
Department for (i) completed work and services and/or equipment or supplies provided for
which no separate price is stated, (ii) partially completed work and services and/or
equipment or supplies provided which are accepted by the Department, (iii) other work,
services and/or equipment or supplies which are accepted by the Department, and (iv) the
protection and preservation of property.
Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes"
clause of this Grant Agreement. If the termination is for cause, the Department shall
determine the extent of the liability of the Department. The Department shall have no
other obligation to the Sub-grantee for termination. The Department may withhold from
any amounts due the Sub-grantee such sum as the Department determines to be
necessary to protect the Department against potential loss or liability.
The rights and remedies of the Department provided in this Grant Agreement shall not be
exclusive and are in addition to any other rights and remedies provided by law.
After receipt of a notice of termination, and except as otherwise directed by the
Department in writing, the Sub-grantee shall:
a. Stop work under the Grant Agreement on the date, and to the extent specified, in
the notice;
b. Place no further orders or sub-contracts for materials, services, supplies,
equipment and/or facilities in relation to this Grant Agreement except as may be
necessary for completion of such portion of the work under the Grant Agreement
as is not terminated;
c. Assign to the Department, in the manner, at the times, and to the extent directed
by the Department, all of the rights, title, and interest of the Sub-grantee under the
orders and sub-contracts so terminated, in which case the Department has the
right, at its discretion, to settle or pay any or all claims arising out of the termination
of such orders and sub-contracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of
orders and sub-contracts, with the approval or ratification of the Department to the
extent the Department may require, which approval or ratification shall be final for
all the purposes of this clause;
e. Transfer title to the Department and deliver in the manner, at the times, and to the
extent directed by the Department any property which, if the Grant Agreement had
been completed, would have been required to be furnished to the Department;
f. Complete performance of such part of the work as shall not have been terminated
by the Department in compliance with all contractual requirements; and
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HMGP Page 23 of 37 City of Auburn, D16-010
g. Take such action as may be necessary, or as the Department may require, for the
protection and preservation of the property related to this Grant Agreement which
is in the possession of the Sub-grantee and in which the Department has or may
acquire an interest.
A.37 TRAVEL AND SUBSISTENCE REIMBURSEMENT
Unless the Grant Agreement specifically provides for different rates, any travel or
subsistence reimbursement allowed under the Agreement shall be paid in accordance
with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
amended. The Sub-grantee may be required to provide to the Department copies of
receipts for any travel related expenses other than meals and mileage (example: parking)
that are authorized under this Agreement.
A.38 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE)
The Sub-grantee is encouraged to utilize business firms that are certified as minority-
owned and/or women-owned in carrying out the purposes of this Grant Agreement. The
Sub-grantee may set utilization standards, based upon local conditions or may utilize the
state of Washington MWBE goals, as identified in WAC 326-30-041.
A.39 WAIVERS
No conditions or provisions of this Grant Agreement can be waived unless approved in
advance by the Department in writing. The Department's failure to insist upon strict
performance of any provision of the Grant Agreement or to exercise any right based upon
a breach thereof, or the acceptance of any performance during such breach, shall not
constitute a waiver of any right under this Grant Agreement.
A.40 VENUE
This Grant Agreement shall be construed and enforced in accordance with, and the validity
and performance shall be governed by, the laws of the state of Washington. Venue of any
suit between the parties arising out of this Grant Agreement shall be the Superior Court of
Thurston County, Washington. The Sub-grantee, by execution of this Grant Agreement
acknowledges the jurisdiction of the courts of the State of Washington.
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Attachment 3
CERTIFICATION AND ASSURANCES
FEMA Form 20-16B: Assurances – Construction Programs
NOTE: Certain of these assurances may not be applicable to your project or program. If you have
questions, please contact the awarding agency. Further, certain Federal assistance awarding
agencies may require applicants to certify to additional assurances. If such is the case, you will
be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the nonfederal share of project costs)
to ensure proper planning, management and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General of the United States, and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books, papers, or documents related to the assistance; and will
establish a proper accounting system in accordance with generally accepted accounting
standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other
interest in the site and facilities without prior permission and instructions from the awarding
agency. Will record the Federal interest in the title of real property in accordance with
awarding agency directives and will include a covenant in the title of real property acquired
in whole or in part with Federal assistance funds to assure nondiscrimination during the
useful life of the project.
4. Will comply with the requirements of the assistance awarding agency with regard to the
drafting, review and approval of construction plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work conforms with the approved plans and
specifications and will furnish progress reports and such other information as may be
required by the assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after receipt of approval
of the awarding agency.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
8. Will comply, as applicable, with the Intergovernmental Personnel Act of 1970 (42 USC
Sections 4701 et seq.) relating to prescribed standards for merit systems for programs
funded under one of the nineteen statues or regulations specified in Appendix A of OPM's
Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F).
9. Will comply, as applicable, with the Lead-Based Paint Poisoning Prevention Act (42 USC
chapter 63), as amended.
10. Will comply, as applicable, with all state and federal statutes, regulations and executive
orders relating to nondiscrimination. These include but are not limited to: (a) Title VI of the
Civil Rights Act of 1964 (PL 88-352, 42 USC Section 2000d) which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education Amendments of
1972, as amended (20 USC Sections 1681 et seq.), which prohibits discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended (29
USC Section 794), which prohibits discrimination on the basis of disabilities; (d) the Age
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Discrimination Act of 1975, as amended (42 USC Sections 6101 et seq.), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) 42 USC Section 290-dd-2, as amended, relating to confidentiality
of substance abuse patient records; (h) the Fair Housing Act (42 USC Section 3601 et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any
other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and, (j) the requirements of any other nondiscrimination
statute(s) which may apply to the application.
11. Will comply, or has already complied, as applicable, with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), as
amended, which provide for fair and equitable treatment of persons displaced or whose
property is acquired as a result of Federal and Federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless
of Federal participation in purchases.
12. Will comply, as applicable, with the provisions of the Hatch Act (5 USC Sections 1501 et
seq.), as amended, which limit the political activities of certain employees whose principal
employment activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with labor and wage provisions related to certain federally
assisted contracts (e.g., the wage rate requirements in the Davis-Bacon Act, 40 USC
Sections 3141 et seq., as amended, the Copeland Anti-Kickback provisions in 40 USC
Section 3145 and 18 USC Section 874, as amended, and the Contract Work Hours and
Safety Standards in 40 USC Sections 3701 et seq.).
14. Will comply, as applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (PL 93-234), as amended.
15. Will comply, as applicable, with environmental standards which may be prescribed pursuant
to the following: (a) protection and enhancement of environmental quality pursuant to the
National Environmental Policy Act of 1969 (PL 91-190), as amended, and Executive Order
(EO) 11514, as amended; (b) administration of the Clean Air Act and the Federal Water
Pollution Control Act with respect to federal contracts, grants, or loans pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990, as amended; (d) floodplains
management pursuant to EO 11988, as amended; (e) the Coastal Zone Management Act
of 1972 (PL 92-583), 16 USC Section 1451 et seq.; (f) Air Quality and Emission Limitations
pursuant to 42 USC Section 7401 et seq.; (g) the Safe Drinking Water Act of 1974 (PL 93-
523), as amended; and (h) the Endangered Species Act of 1973 (PL 93-205), as amended.
16. Will comply, as applicable, with the Wild and Scenic Rivers Act of 1968 (PL 90-542), 16
USC Section 1271 et seq., as amended.
17. Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966 (PL 89-665), as amended, 16 USC Section 470, as
amended, EO 11593 (protection and enhancement of the cultural environment), and the
Archaeological and Historic Preservation Act, 16 USC Section 469 et seq., as amended.
18. Will cause to be performed the required financial and compliance audits in accordance with
the Single Audit Act of 1984, the Single Audit Act Amendments of 1996, and applicable OMB
Circulars.
19. Will comply with all applicable requirements of all other federal laws, Executive Orders,
regulations, Circulars, and policies governing or applicable to this program.
20. Will comply, as applicable, with the Federal Fair Labor Standards Act, 29 USC Section 201
et seq..
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21. Will obtain approval, if required, by the appropriate Federal agency of the final working
drawings and specifications before the project is advertised or placed on the market for
bidding; will construct the project, or cause it to be constructed, to final completion in
accordance with the approved plans and specifications; will submit to the appropriate
Federal agency for prior approval changes that alter the cost of the project, use of space, or
functional layout; and will not enter into a construction contract(s) for the project or undertake
other activities until the conditions of the construction grant program(s) have been met.
22. Will operate and maintain the facility in accordance with the minimum standards as may be
required or prescribed by the applicable Federal, State, and local agencies for the
maintenance and operation of such facilities.
23. Will require the facility to be designed to comply with the "American Standard Specification
for Making Buildings and Facilities Accessible to, and Usable by, the Physically
Handicapped," Number A117.- 1961, as modified (41 CFR 101-17.703). The applicant will
be responsible for conducting inspections to ensure compliance with these specifications by
the contractor.
24. If any real property or structure thereon is provided or improved with the aid of Federal
financial assistance extended to the applicant, this assurance obligates the applicant, or in
the case of any transfer of such property, the transferee, for the period during which the real
property or structure is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar services or benefits.
25. In making subgrants with nonprofit institutions under this Comprehensive Cooperative
Agreement, it agrees that such grants will be subject to OMB Circular A-122, "Cost
Principles for Nonprofit Organizations" included in Vol. 49, Federal Register, pages 18260
through 18277 (April 27, 1984).
Authorized Signature _________________________________________
Authorized Applicant Agent:
Nancy Backus, Mayor
Date:
Alternate Authorized Signature
Authorized Alternate Applicant Agent:
Lisa Tobin, Utilities Engineering Manager
Date:
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HMGP Page 27 of 37 City of Auburn, D16-010
Attachment 4
STATEMENT OF WORK AND/OR DESCRIPTION OF PROJECT
Sub-Grantee: City of Auburn
PROJECT TITLE: Reservoir 1 Seismic Control Valve
The purpose of this project is for City of Auburn to install and make fully functional a seismic
control valve at the City of Auburn’s Reservoir 1, preventing water from escaping from the
reservoir in case of an earthquake. Reservoir 1 is located at 2003 Auburn Way South, Auburn,
WA 98002.
A specific and more detailed scope of work is found in the FEMA approved Project Application
4168-6-R, which is incorporated herein by reference.
City of Auburn Agrees To:
1. Comply with the terms of this Agreement and all Attachments, including but not limited to,
accomplish tasks and conditions outlined in the Statement of Work And/Or Description of
Project-Attachment 4, comply with the Project Development Schedule-Attachment 5, and
comply with the Project Budget-Attachment 6.
2. Submit quarterly reports that cover the previous three months no later than the 15th of the
following month (or the next work day) in January, April, July and October until all
requirements are fulfilled. Quarterly reports are required regardless of the level of work
completed during the reporting period. Quarterly reports must include sufficient narrative to
determine the degree to which the project has been implemented, the estimated time for
completion, and significant developments such as delays or adverse conditions that might
raise costs or delay completion, as well as favorable conditions allowing lower costs or earlier
completion. Failure of the Sub-Grantee to submit a complete quarterly report within 15 days
following the end of the quarter will result in suspension of all payments until a complete
quarterly report is received by the Department.
3. Submit pen-and-ink signed, approved invoice vouchers (state form A-19) for eligible,
reimbursable work completed, no more frequently than monthly and no less frequently than
quarterly. Each billing must identify the task(s) completed and any other funding identification
pertinent to the task(s), including match. Supporting documentation is required for all costs,
to include tracking of staff time spent on the project through timesheets or other
documentation approved by the Department; dated invoices from all contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and
documentation tracking in-kind contributions of personnel, equipment and supplies, if used on
the project. Project costs must be tracked and reported by approved budget cost categories
as found in Project Budget, Attachment 6. Documentation of expenditures by approved
budget cost categories should be made on a separate spreadsheet or table and included with
each A-19, along with documentation to substantiate all project costs.
4. Return by Department staff of invoices to the Sub-Grantee if the Sub-Grantee is unable to
provide sufficient documentation to staff within 15 calendar days of the staff’s written request
for additional documentation to support the reimbursement request.
5. Submit a signed final project report before final reimbursement is made by the Department.
6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
In completing this project, the Sub-Grantee must adhere to the following programmatic,
environmental and historic preservation conditions:
a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are
permissible as long as they do not change the nature or total project cost of the activity,
properties identified in the application, the feasibility and effectiveness of the project, or
reduce the Benefit Cost Ratio below 1.0. Requests must be supported by adequate
justification, including a description of the proposed change; a written explanation of the
reason or reasons for the change; an outline of remaining funds available to support the
change; and a full description of the work necessary to complete the activity.
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A proposed change to the approved Scope of Work (as presented in the FEMA approved
project application) must be submitted to the Department and FEMA in advance of
implementation for re-evaluation for compliance with National Environmental Policy Act
(NEPA) and other Laws and Executive Orders. Prior approval for a change to the
approved Scope of Work must be obtained from the Department and FEMA before the
change is implemented. Failure to obtain prior approval for a revised Scope of Work could
result in ineligibility of resulting costs.
b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain
all appropriate federal, state and local environmental permits and clearances may
jeopardize federal funding provided by this Grant Agreement.
c. Ensure that all completed work is in compliance with applicable state and local buildings
codes and flood damage prevention legislation.
d. Monitor site work during ground-disturbing activities for evidence of potential
archaeological resources that are uncovered. Sub-Grantee must halt the project in the
event historically or archaeologically significant materials or sites (or evidence thereof) are
discovered. By way of example, such evidence may include, but is not limited to, artifacts
such as arrowheads, bone fragments, pottery shards, and features such as fire pits or
structural elements. All reasonable measures must be taken to avoid or minimize harm
to such resources until such time as the Sub-Grantee notifies the Department, and FEMA,
in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native
American tribes, determines appropriate measures have been taken to ensure that the
project is in compliance with the National Historic Preservation Act. In addition, upon
discovery of human skeletal remains, the Sub-Grantee is required by state law to notify
the county coroner and local law enforcement in the most expeditious manner possible
and to immediately stop any activity which may cause further ground disturbance.
e. Determine the presence of hazardous materials and/or toxic waste, and identifying,
handling, managing, abating and disposing of such materials in accordance with the
requirements and to the satisfaction of the governing local, state and federal agencies,
including but not limited to the Washington Department of Ecology. Such materials may
include, but are not limited to, asbestos, lead-based paint, propane cylinders, sand
blasting residue, discarded paints and solvents, cleaning chemicals, containers of
pesticides, lead-acid batteries, items containing chlorofluorocarbons (CFCs), motor oil and
used oil filters, and unlabeled tanks or containers.
f. Conduct work during the non-flood season as determined by the local floodplain
administrator. However, should construction be required during the flood season, as
determined by the local floodplain administrator, all construction equipment shall be
staged in an area not susceptible to flood events or be readily transportable out of the
floodplain to minimize flood damage.
g. Dispose of all debris at an approved and permitted location. No debris shall be temporarily
staged or disposed of in a floodplain and/or a wetland.
h. Confirm with the State Department of Ecology whether this project will require a
consistency determination under the Coastal Zone Management Act. If required, the Sub-
Grantee shall obtain and comply with all requirements of the determination prior to starting
the project.
i. Select, implement, monitor, and maintain Best Management Practices (BMPs) to control
soil erosion and sedimentation, reduce spills and pollution, and provide habitat protection.
The acquisition site shall be stabilized from erosion and silt laden runoff by implementing
these BMPs and securing the site from transient vehicle access. Any excavation and/or
grading shall be done within and/or adjacent to the existing building footprint area and not
beyond undisturbed portions of the site.
j. Resubmit the project to the Department and FEMA prior to implementation if any in-water
work will occur or if any work will occur below the ordinary high water mark of any water
resource in the area, so further coordination/consultation can take place with the National
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Marine Fisheries Service (NMFS) to determine whether appropriate measures have been
taken to ensure the project is in compliance with the Endangered Species Act.
k. Resubmit the project to the Department and FEMA for re-evaluation for compliance with
national environmental policies if the “Project Limits” (including clearing, excavation,
temporary staging, construction, and access areas) extend into: 1) an area not previously
identified for environmental and historic preservation review, or 2) previously undisturbed
ground. Additionally, all work on the project in these areas must stop until this re-
evaluation is completed.
l. National Historic Preservation Act Section 106 requirement: All proposed repair and
construction activities on buildings listed in or eligible for the National Register of Historic
Places (historic properties) should be done in-kind to match existing materials and
form. In-kind means that the result of the proposed activities will match all physical and
visual aspects of existing historic materials, including form, color and workmanship. In-
kind mortar also will match the strength and joint tooling of existing historic mortar.
m. (Additional requirements as noted by FEMA in grant award document).
n. Cost overruns in excess of the approval budget are fully the responsibility of the Sub-
Grantee, including those costs resulting from a change in the Scope of Work. The project
must remain cost effective (i.e., Benefit Cost Ratio of 1.0 or greater) in the event of cost
overrun.
For Hazard Mitigation Grant Program (HMGP) only: A request for additional funds to
cover a cost overrun may be granted by the Department and FEMA only if funds are
available within the HMGP ceiling for this disaster, FEMA-DR-4168-WA. A request for
additional funds must be fully documented and justified.
7. SPECIAL FLOOD HAZARD AREA REQUIREMENTS
Pursuant to the Flood Disaster Protection Act of 1973, those structures that remain in the
Special Flood Hazard Area (SFHA) after the implementation of the mitigation project, flood
insurance must be maintained for the life of the structure. The SFHA is defined as the land in
the floodplain within a community subject to a 1 percent or greater chance of flooding in any
given year.
The following National Flood Insurance Program Eligibility Requirements contained in the
2013 Hazard Mitigation Assistance Unified Guidance apply to any project involving the
alteration of existing structures, to include Mitigation Reconstruction projects that are sited
within an SFHA.
a. When the project is implemented, all structures that will not be demolished or relocated
out of the SFHA must be covered by a National Flood Insurance Program (NFIP) flood
insurance policy to an amount at least equal to the project cost or to the maximum limit of
coverage made available with respect to the particular property, whichever is less.
b. The Sub-Grantee (or property owner) must legally record with the county or appropriate
jurisdiction’s land records agency a notice that includes the name of the current property
owner (including book/page reference to record of current title, if readily available), a legal
description of the property, and the following notice of flood insurance requirements as
identified on page 44 of the 2013 Hazard Mitigation Assistance Unified Guidance:
“This property has received Federal hazard mitigation assistance. Federal law
requires that flood insurance coverage on this property must be maintained during the
life of the property regardless of transfer of ownership of such property. Pursuant to
42 U.S.C. § 5154a, failure to maintain flood insurance on this property may prohibit
the owner from receiving Federal disaster assistance with respect to this property in
the event of a flood disaster. The Property Owner is also required to maintain this
property in accordance with the floodplain management criteria of 44 CFR § 60.3 and
City/County Ordinance.”
c. Copies of the recorded notices for each property will be provided to the Department at
project closeout.
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8. PROVISIONS APPLYING ONLY TO ACQUISITION OF PROPERTIES FOR OPEN SPACE
a. The Sub-Grantee must ensure that prospective participants are informed in writing that
property owner participation in this acquisition program is voluntary and that the Sub-
Grantee will not use its eminent domain authority to acquire the property for the project
purposes should negotiations fail.
Copies of the Statement of Voluntary Participation / Notice of Voluntary Interest signed by
each participating property owner will be provided to the Department by project close-out.
b. The Sub-Grantee agrees that land acquired for open space purposes under this grant will
be restricted in perpetuity to open space uses and will be unavailable for the construction
of flood damage reduction levees, transportation facilities, and other incompatible
purposes.
c. The Sub-Grantee agrees to prepare, execute and record Deed Restrictions for each
affected property utilizing the current Model Deed Restriction provided on the FEMA
website or available from the Department.
Copies of the recorded deed and attached deed restrictions for each property will be
provided to the Department by project close-out.
d. The Sub-Grantee accepts all of the requirements of the deed restriction governing the use
of the land.
e. The Sub-Grantee ensures that, prior to acquisition of the property, in consultation with the
U.S. Army Corps of Engineers, it has addressed and considered the potential future use
of these lands for the construction of flood damage reduction levees, has rejected
consideration of such measures in the future in the project area, and instead has chosen
to proceed with acquisition of permanent open space.
Documentation of this consultation and the Sub-Grantee’s consideration of this issue will
be provided to the Department by project close-out.
f. The Sub-Grantee must, prior to acquisition of the property, consult with the Washington
State Department of Transportation to ensure that no future planned improvements or
enhancements are under consideration that will affect the proposed project area.
Documentation of this consultation will be provided to the Department by project close-
out.
g. The Sub-Grantee will remove existing buildings from acquired properties within 90 days
of settlement. The Sub-Grantee will provide confirmation to the Department as to the date
of demolition of each structure included in the project in its quarterly reports, as well as
confirmation that the property has been returned to "natural" or park/open space condition.
The Sub-Grantee will provide digital latitude and longitude coordinates and digital
photographs of each property site after project implementation to the Department by
project close-out.
h. The Sub-Grantee agrees to complete FEMA Form AW -501, NFIP Repetitive Loss Update
Worksheet for each property identified on FEMA's Repetitive Loss list to document
completion of mitigation on the property. The form is available on FEMA's Web site or
available from the Department.
The Sub-Grantee will provide a copy of the completed form to the Department by project
close-out.
i. The Sub-Grantee agrees to comply with the requirements of 44 CFR § 80.19 Land Use
and Oversight, which are incorporated into these conditions by reference. These
requirements include, but are not limited to, the following (which are described further in
the 2013 Hazard Mitigation Assistance Unified Guidance and the Addendum to the 2013
Hazard Mitigation Assistance Unified Guidance which are incorporated herein by
reference):
1. Restriction on future disaster assistance for damages to the property.
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2. Lists of allowable open space uses as well as uses generally not allowed on
acquired open space land.
3. Provision for salvage of pre-existing structures and paved areas.
4. Requirements pertaining to future transfer of property interest.
5. Requirement for Sub-Grantee monitoring and inspection of the acquired property
at least every 3 years. The Sub-Grantee will provide the Department with a report
on the result of the inspection within 90 days of the inspection.
6. Provisions for enforcement of violation of open space requirements.
The Military Department Agrees To:
1. Provide staff coordination and input regarding grant administration for funding and technical
assistance for project and reviews for mitigation construction projects, as necessary.
2. Reimburse City of Auburn within 30 days of receipt and approval of signed, dated invoice
voucher(s) (state form A-19) with sufficient documentation of costs to include completion of
tasks to date and dated invoices for goods and services purchased. Costs must be
categorized according to the budget item and cost classification shown in the Project Budget,
Attachment 6. The Department will return invoices to the Sub-Grantee if the Sub-Grantee is
unable to provide sufficient documentation within 15 calendar days of the Department’s written
request for additional documentation to support the reimbursement request.
3. Coordinate with the staff of City of Auburn to schedule any sub-recipient monitoring, site visits
or final inspections by Department staff.
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Attachment 5
PROJECT DEVELOPMENT SCHEDULE
Sub-Grantee: City of Auburn
PROJECT TITLE: Reservoir 1 Seismic Control Valve
DESCRIPTION OF ACTIVITY/TASK SCHEDULED COMPLETION DATE
Consultant selection 3 Months
Contract negotiation/execution 3 Months
Preliminary design 2 Months
Detailed design 3 Months
Permitting 1 Month
Project bid 3 Months
Project construction 3 Months
Total Time Required to Complete This Project: 17 months
*Requests for extension will be reviewed on a quarterly basis as necessary.
Quarterly Reports Due on Project Progress,
Final Project Report and all documentation,
site visits and inspections.
January 15, 2017;
April 15, 2017;
July 15, 2017;
October 15, 2017;
January 15, 2018;
April 15, 2018;
July 15, 2018;
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Attachment 6
PROJECT BUDGET
Sub-Grantee: _City of Auburn_________________
PROJECT TITLE: __ Reservoir 1 Seismic Control Valve________
APPROVED BUDGET CATEGORY ESTIMATED COST
Administrative and legal expenses, etc. $5,000
Architectural, engineering, geotechnical,
etc. $15,000
Project inspection fees $15,000
Site work $4,000
Demolition and removal $1,000
Construction $95,000
Equipment $50,000
Miscellaneous – Personnel, Fringe
Benefits, Travel, Equipment, Supplies,
Contractual, Other, Indirect, etc
$15,000
TOTAL $200,000
Tracking and Reporting Project Costs: Project expenses for which reimbursement is
sought must be tracked and reported by approved budget cost categories, above.
Documentation of expenditures by approved budget cost categories should be made on a
separate spreadsheet or table and included with each A-19. Supporting documentation of
all costs shall include, but not be limited to: tracking of staff time spent on the project
through timesheets or other similar documentation; dated invoices from contractors and
subcontractors for work completed; dated invoices for goods and services purchased; and
documentation of in-kind contributions of personnel, equipment and supplies.
Final Payment: Final payment of any remaining, or withheld, funds will be made upon
submission by the Sub-Grantee within 60 days of completion of the project of the final
report and an A-19, Voucher Distribution, and completion of all final inspections by the
Department. Final payment also may be conditioned upon a financial review, if determined
necessary by the Department. Adjustments to the final payment may be made following
any audits conducted by the Department, Washington State Auditor's Office, the United
States Inspector General, or their authorized representatives.
Per HMGP program guidance, no cost overruns will be funded. If costs exceed the
maximum amount of FEMA funding approved, the Applicant shall pay the costs in excess
of the approved budget. Project must remain cost effective (i.e., Benefit Cost Ratio of 1.0
or greater) in the event of cost overrun.
For Hazard Mitigation Grant Program only: A request for additional funds to cover a cost
overrun may be granted by the Department and FEMA only if funds are available within
the HMGP ceiling for this disaster, FEMA-DR-4168-WA. A request for additional funds
must be fully documented and justified.
RES.I Page 259 of 280
HMGP Page 34 of 37 City of Auburn, D16-010
Attachment 7
ADDITIONAL AGREEMENT PROVISIONS AND WORKSHEET
For Compliance With The
Federal Funding Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September
26, 2006. The FFATA legislation requires information on federal awards (federal financial
assistance and expenditures) be made available to the public via a single, searchable website.
Federal awards include grants, subgrants, loans, awards, cooperative agreements and other forms
of financial assistance as well as contracts, subcontracts, purchase orders, task orders, and delivery
orders. The legislation does not require inclusion of individual transactions below $25,000 or credit
card transactions before October 1, 2008. However, if an award is initially below this amount yet
later increased, the act is triggered. Due to this variability in compliance Subrecipients are
required by the Military Department to be familiar with the FFATA requirements and complete
this Worksheet for each contract for the State’s submission in to the FFATA portal.
ADDITIONAL PROVISIONS
A. This contract (subaward) is supported by federal funds, requiring compliance with the
Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)
and Office of Management and Budget Guidance (OMB). Public Law 109-282 as amended
by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note). By entering into this
contract, contractor agrees to provide all applicable reporting information to the
Washington Military Department (WMD) required by FFATA and OMB Guidance.
B. The FFATA requires the OMB to establish a publicly available online database
(USASpending.gov) containing information about entities that are awarded Federal grants,
loans, and contracts. As required by FFATA and OMB Guidance, certain information on
the first-tier subawards related to Federal contracts and grants, and the executive
compensation of awardees, must be made publicly available.
C. For new Federal grants beginning October 1, 2010, if the initial subaward is equal to or
greater than $25,000, reporting of the subaward and executive compensation information
is required. If the initial subaward is below $25,000 but subsequent grant modifications
result in a total subaward equal to or over $25,000, the subaward will be subject to the
reporting requirements as of the date the subaward exceeds $25,000. If the initial subaward
equals or exceeds $25,000 but funding is subsequently de-obligated such that the total
award amount falls below $25,000, the subaward continues to be subject to the reporting
requirements of the Transparency Act and OMB Guidance.
D. As a Federal grant subawardee under this contract, your organization is required by
FFATA, OMB Guidance and this contract to provide the WMD, as the prime grant
awardee, all information required for FFATA compliant reporting by WMD. This includes
all applicable subawardee entity information required by FFATA and OMB Guidance,
subawardee DUNS number, and relevant executive compensation data, as applicable.
1. Data about your organization will be provided to USASpending.gov by the WMD.
System for Award Management (SAM) is a government wide registration system for
organizations that do business with the Federal Government. SAM stores information
about awardees including financial account information for payment purposes and a
link to D&B for maintaining current DUNS information, www.sam.gov. WMD
requires SAM registration and annual renewal by your organization to minimize
RES.I Page 260 of 280
HMGP Page 35 of 37 City of Auburn, D16-010
unnecessary data entry and re-entry required by both WMD and your organization. It
will also reduce the potential of inconsistent or inaccurate data entry.
2. Your organization must have a Data Universal Numbering System (DUNS) number
obtained from the firm Dun and Bradstreet (D&B) (www.dnb.com). A DUNS number
provides a method to verify data about your organization. D&B is responsible for
maintaining unique identifiers and organizational linkages on behalf of the Federal
Government for organizations receiving Federal assistance.
E. The WMD, as the prime awardee, is required by FFATA to report names and total
compensation of the five (5) most highly compensated officers of your organization (as the
subawardee) if:
1. Your organization (the subawardee), in the preceding fiscal year, received 80 percent
or more of its annual gross revenues from Federal awards and $25,000,000 or more in
annual gross revenues from Federal awards; and
2. The public does not have access to this information about the compensation of the
senior executives of your organization through periodic reports filed under section
13(a) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)
or section 6104 of the Internal Revenue Code of 1986.
“Total compensation” for purposes of this requirement generally means the cash and non-
cash value earned by the executive during the past fiscal year and includes salary and
bonus; awards of stock, stock options and stock appreciation rights; and other
compensation such as severance and termination payments, and value of life insurance paid
on behalf of the employee, and as otherwise provided by FFATA and applicable OMB
guidance.
F. If (1) in the preceding fiscal year your organization received 80 percent or more of its
annual gross revenues from Federal awards and $25,000,000 or more in annual gross
revenues from Federal awards, and (2) the public does not have access to this information
about the compensation of the senior executives of your organization through periodic
reports filed under section 13(a) or 15(d) of the Securities and Exchange Act of 1934 (15
U.S.C. §§ 78m(a), 78o(d) or section 6104 of the Internal Revenue Code of 1986, insert the
names and total compensation for the five most highly compensated officers of your
organization in the table below.
RES.I Page 261 of 280
HMGP Page 36 of 37 City of Auburn, D16-010
WORKSHEET
Subrecipient Agency: City of Auburn
Grant and Year: HMGP Hazard Mitigation Grant 2016 Agreement Number: FEMA-4168-DR-WA-6-R
Completed by: Susan Fenhaus Water Utility Engineer 253-804-5061
Name Title Telephone
Date Completed: XXX 2016
STEP 1
Is your grant agreement less than $25,000?
YES
C
h
STOP, no further
analysis needed, GO to
Step 6
NO
C
h
GO to Step 2
STEP 2
In your preceding fiscal year, did your
organization receive 80% or more of its annual
gross revenues from federal funding?
YES
C
h
GO to STEP 3
NO
C
h
STOP, no
further
analysis
needed, GO to
Step 6
STEP 3
In your preceding fiscal year, did your
organization receive $25,000,000 or more in
federal funding?
YES
C
h
GO to STEP 4
NO
C
h
STOP, no
further
analysis
dd GO t
STEP 4
Does the public have access to information about
the total compensation* of senior executives in
your organization?
YES
C
h
STOP, no further
analysis needed, GO to
step 6
NO
C
h
GO to STEP 5
STEP 5
Executive #1 Name:
Total Compensation amount: $
Executive #2 Name:
Total Compensation amount: $
Executive #3 Name:
Total Compensation amount: $
Executive #4 Name:
Total Compensation amount: $
Executive #5 Name:
Total Compensation amount: $
STEP 6
If your organization does not meet these criteria, specifically identify below each criteria that is not met for your
organization: For Example: "Our organization received less than $25,000."
Signature: _____________________________________________ Date:
* Total compensation refers to:
• Salary and bonuses
• Awards of stock, stock options, and stock appreciation rights
• Other compensation including, but not limited to, severance and termination payments
• Life insurance value paid on behalf of the employee
Additional Resources:
http://www.whitehouse.gov/omb/open
http://www.hrsa.gov/grants/ffata.html
http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf
http://www.grants.gov/
RES.I Page 262 of 280
HMGP Page 37 of 37 City of Auburn, D16-010
Attachment 8
OMB Circular A-133 Audit Certification Form
Audits of States, Local Governments, and Non-Profit Organizations
Contact Information
Subrecipient (Sub-Grantee) Name (Agency, Local Government, or Organization):City of Auburn
Authorized Chief Financial Officer (Central Accounting Office):Shelley Coleman
Address:25 W. Main Street Auburn, WA 98001
Email: scoleman@auburnwa.gov Phone #: 253-804-5019
Purpose: As a pass-through agency of federal grant funds, the Washington Military Department/Emergency Management Division
(WMD/EMD) is required by Office of Management and Budget (OMB) Circular A-133 to monitor activities of subrecipients to ensure
federal awards are used for authorized purposes and ensure that subrecipients expending $500,000 or more in federal awards during
their fiscal year have met the OMB Circular A-133 Audit Requirements. Your entity is a subrecipient subject to such monitoring by
MIL/EMD because it is a non-federal entity that expends federal grant funds received from MIL/EMD as a pass-through entity to carry
out a federal program. OMB Circular A-133 can be found at
http://www.whitehouse.gov/sites/default/files/omb/assets/a133/a133_revised_2007.pdf, and it should be consulted when completing
this form.
Directions: As required by OMB Circular A-133, non-federal entities that expend $500,000 in federal awards in a fiscal year shall
have a single or program-specific audit conducted for that year. If your entity is not subject to A-133 requirements, you must complete
Section A of this Form. If your entity is required to complete an A-133 Audit, you must complete Section B of this form. When
completed, you must sign, date, and return this form with your grant agreement contract and every fiscal year thereafter until the
grant agreement contract is closed. Failure to return this completed Audit Certification Form may result in delay of grant agreement
processing, withholding of federal awards or disallowance of costs, and suspension or termination of federal awards.
SECTION A: Entities NOT subject to the audit requirements of OMB Circular A-133
Our entity is not subject to the requirements of OMB Circular A-133 because (check all that apply):
We did not expend $500,000 or more of total federal awards during the fiscal year.
We are a for-profit agency.
We are exempt for other reasons (describe):
However, by signing below, I agree that we are still subject to the audit requirements, laws and regulations governing the program(s)
in which we participate, that we are required to maintain records of federal funding and to provide access to such records by federal
and state agencies and their designees, and that WMD/EMD may request and be provided access to additional information and/or
documentation to ensure proper stewardship of federal funds.
SECTION B: Entities that ARE subject to the requirements of OMB Circular A-133
(Complete the information below and check the appropriate box)
We completed our last A-133 Audit on [enter date]________ for Fiscal Year ending [enter date]________. There were no
findings related to federal awards from WMD/EMD. No follow-up action is required by WMD/EMD as the pass-through
entity.
A complete copy of the audit report, which includes exceptions, corrective action plan and management
response, is either provided electronically to contracts.office@mil.wa.gov or provide the state auditor report
number:___________________.
We completed our last A-133 Audit on [enter date]________ for Fiscal Year ending [enter date]________. There were
findings related to federal awards.
A complete copy of the audit report, which includes exceptions, corrective action plan and management response,
is either provided electronically to contracts.office@mil.wa.gov or provide the state auditor report
number:______________________.
Our completed A-133 Audit will be available on [enter date]________ for Fiscal Year ending [enter date]________.
We will forward a copy of the audit report to you at that time unless it will be available online at:
http://www.____________________________________________.
I hereby certify that I am an individual authorized by the above identified entity to complete this form. Further, I certify that
the above information is true and correct and all relevant material findings contained in audit report/statement have been
disclosed. Additionally, I understand this Form is to be submitted every fiscal year for which this entity is a subrecipient of
federal grant funds from MIL/EMD until the grant agreement contract is closed.
Signature of Authorized Chief Financial Officer: Date:
Print Name & Title: Shelley Coleman, Finance Director
WMD Form 1009-13, 8/19/2013
RES.I Page 263 of 280
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
HAZARD MITIGATION
GRANT
FOR
RESERVOIR 1 SEISMIC
CONTROL VALVE
SUSAN FENHAUS
CITY COUNCIL MEETING
FEBRUARY 21, 2017
Finance Department
And
Community Development and Public Works Department 1RES.I Page 264 of 280
Project overview
Grant details
Project schedule
Resolution No. 5285 to approve a grant
for Reservoir 1 seismic control valve
TONIGHT’S AGENDA
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION2RES.I Page 265 of 280
3
PROJECT OVERVIEW
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONRES.I Page 266 of 280
4
RESERVOIR 1
RES.I Page 267 of 280
5
SEISMIC CONTROL VALVE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONRES.I Page 268 of 280
$200,000.00 Total Project Cost
$150,000.00 federal funds –Grant portion
$ 25,000.00 state funds –Grant portion
$ 25,000.00 local funds –City portion
Administrative process similar to other state and federal
grant -funded projects in Auburn
Environmental review (SEPA)
Buy American
Prevailing wages
Quarterly reporting of costs
6
GRANT DETAILS
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONRES.I Page 269 of 280
PROJECT SCHEDULE
Jan-June 2017 July-Dec 2017 Jan-June 2018 July-Dec 2018
City Council Approve
Resolution
2/21/17
Consultant Selection and
Contract
Design
Permitting
Bid
Construction
RES.I Page 270 of 280
Approve Resolution No. 5285 to execute Washington State
Military Department Hazard Mitigation Grant No. D16 -010 for
the project cost of $200,000.00
Deadline for execution is March 13, 2017
8
AGREEMENT EXECUTION
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATIONRES.I Page 271 of 280
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5286
Date:
February 15, 2017
Department:
Community Development &
Public Works
Attachments:
Res 5286
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Resolution No. 5286.
Background Summary:
Since the early 2000’s, the City of Auburn has worked to promote the redevelopment
of the former Valley 6 Drive-In Theater Complex also known as the Auburn Gateway
Project is comprised of approximately seventy (70) acres of land in the northeast
corner of the City, generally bordered by South 277th Street to the north, 45th Street
NE to the south, Auburn Way North to the west, and Port of Seattle owned property to
the east. The owner and intended developer of the Auburn Gateway Project is Auburn
Properties, Inc., a Washington corporation, that is an affiliate of Robertson Properties
Group, which in turn is a subsidiary of Decurion Corporation. As memorialized in the
Whereas clauses of Resolution No. 5286, these efforts have including but are not
limited to completion of an environmental impact statement, right-of-way vacation,
execution of a long-term development agreement that offered vesting opportunities for
certain development regulations, adoption of a new development code chapter,
execution of an interlocal agreement with the Port of Seattle for flood storage capacity
that could be available to the Auburn Gateway Project and adoption of a zoning
change for the property to Mixed Use Commercial (C-4) that is a zoning designation
unique to the Auburn Gateway Project. More recently, the City of Auburn: 1)
completed a capital project for utility improvements costing over $1.9 Million along D
Street NW within the Auburn Gateway Project area to facilitate storm, water and
sanitary sewer improvements that also benefit the Auburn Gateway Project; 2)
completed extensive efforts to de-annex the right-of-way of S 277th Street from King
County and the City of Kent and annex the right-of-way into the City of Auburn to
accommodate necessary improvements along S 277th Street; and 3) initiated Capital
Project No. C222A (277th-Auburn Way N. to Green River Bridge) capital construction
project will complete the widening of S 277th Street from the intersection of Auburn
Way North to L Street NE, including the construction of a pedestrian trail and
AUBURN * MORE THAN YOU IMAGINEDRES.J Page 272 of 280
relocation of the floodway along S 277th Street at an estimated cost of over $8.9
million. For the latter project, Auburn Properties, Inc. voluntarily contributed 73,094
square feet of public right-of-way dedications and 162,477 square feet of public
easement dedications at an estimated value of $1,300,000.00 and $1,000,000.00 in
direct monetary contribution to the construction of the City’s Project, thereby taking
advantage of the completion of significant frontage improvements along the northern
boundary of the Auburn Gateway Project.
Mayor Backus and Economic Development Manager Lein will be meeting soon with
the senior leadership of Auburn Properties, Inc. to encourage near-term
redevelopment of the Auburn Gateway Project. Resolution No. 5286 is intended to
remind this senior leadership group of all of the actions taken by the City to date to
support private sector redevelopment efforts and to memorialize the Council’s desire
and support for the near-term redevelopment of the Auburn Gateway Project site
recognizing the substantive positive public benefits said redevelopment could have for
the residents, citizens and businesses of Auburn including but not limited increased
retail and personal service options in the northern portion of the City, improved
circulation and mobility options in the northern portion of the City and increased
property tax and sales tax revenues to support the City’s provision of services to its
residents, citizens and businesses. In addition, Resolution No. 5286 expresses the
Council’s support for the Mayor and City staff to continue to pursue near-term
redevelopment of all of the properties covered by the Auburn Gateway Project in
conformance with adopted Plans and City standards and in appropriate partnership
engagements with Auburn Properties, Inc. and encourages the Mayor and City staff to
bring to the City Council any proposals for its consideration that could help expedite
the successful redevelopment of the Auburn Gateway Project site for the benefit of
Auburn residents, citizens and businesses.
Reviewed by Council Committees:
Other: Planning & Legal
Councilmember: Staff:Snyder
Meeting Date:February 21, 2017 Item Number:RES.J
AUBURN * MORE THAN YOU IMAGINEDRES.J Page 273 of 280
RESOLUTION NO. 5 2 8 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON EXPRESSING ITS DESIRE AND
SUPPORT FOR THE NEAR-TERM REDEVELOPMENT OF
THE FORMER VALLEY 6 DRIVE-IN THEATER COMPLEX
ALSO KNOWN AS THE AUBURN GATEWAY PROJECT
WHEREAS, the former Valley 6 Drive-In Theater Complex also known as the
Auburn Gateway Project is comprised of approximately seventy (70) acres of land in the
northeast corner of the City, generally bordered by South 277th Street to the north, 45th
Street NE to the south, Auburn Way North to the west, and Port of Seattle owned
property to the east; and
WHEREAS, the former Valley 6 Drive-In Theater Complex, prior to its closure
and demolition, positively contributed to the social and economic well-being of the
citizens of the City of Auburn; and
WHEREAS, Auburn Properties, Inc., a Washington corporation, that is an affiliate
of Robertson Properties Group, which in turn is a subsidiary of Decurion Corporation, is
the owner and intended developer of the Valley 6 Drive-In Theater Complex also known
as the Auburn Gateway Project; and
WHEREAS, in July 2004, the City of Auburn issued a Final Environmental Impact
Statement (FEIS) for the Northeast Auburn/Robertson Properties Special Area Plan, a
designated special planning area in the Auburn Comprehensive Plan; and
WHEREAS, the FEIS covered an application by Auburn Properties, Inc. to
redevelop its property located in the area designated as the "Northeast Auburn Special
Area Plan"; and
WHEREAS, the FEIS identified and analyzed all attendant environmental impacts
of a preferred alternative comprised of three (3) redevelopment options including: a)
Resolution No. 5286
February 15, 2017
Page 1
RES.J Page 274 of 280
Option I —200,000 square feet of retail space and 1,600,000 square feet of office space
or b) Option II - 720,000 square feet of retail space or c) Option III —360,000 square feet
of retail space and 500 multi-family units; and
WHEREAS, in July 2007, the City of Auburn by Ordinance No. 6102 vacated a
portion of the right-of-way the city owned for the alignment of the north-south I Street
NE, through the Port of Seattle Property in exchange for other right-of-way in a
configuration that befitted the planned future street network for the Auburn Gateway
Project as analyzed in the Final Environmental Impact Statement (FEIS); and
WHEREAS, the Auburn City Council approved Ordinance No. 6183 on June 16,
2008 provisionally adopting the Northeast Auburn Special Area Plan conditioning
implementation of its approval on subsequent adoption of a development agreement
and a "planned action" ordinance under Revised Code of Washington (RCW)
43.21C.031; and
WHEREAS, on November 2, 2011, the City of Auburn published an addendum to
the FEIS that assessed the environmental impacts of the acquisition and development
of an additional eleven (11) acres into the project area, proposed phased project
development in two phases that could be developed independently or jointly, changes
in city regulations and development standards and changes in external circumstances
over the intervening period of time including the completion of the Port of Seattle's
adjacent wetland mitigation property construction, the completion of the adjacent Trail
Run Subdivision and the completion of the proximate Monterey Park Subdivision and
associated I Street NE extension; and
WHEREAS, the Auburn City Council approved Resolution No. 4756 on November
15, 2011 approving a fifteen (15) year Development Agreement authorized pursuant to
Resolution No. 5286
February 15, 2017
Page 2
RES.J Page 275 of 280
Revised Codes of Washington (RCW) 36.70B.170-210 between the City and Auburn
Properties, Inc. that addresses project development standards, mitigation, design
standards, approach to phasing, review procedures, vesting issues, and other
appropriate development requirements to provides the City and Robertson Properties
with certainty as to the type of Project that will be built, and the type of mitigation that will
be provided; and
WHEREAS, the approved aforementioned Development Agreement is intended
to provide Auburn Properties, Inc. with the flexibility to reasonably respond to market
conditions with limitations mutually agreed to by the City and Auburn Properties, Inc.,
and that further, in exchange for this flexibility, the City will receive a planned mixed use
development consistent with applicable chapters of the City of Auburn Comprehensive
Plan including but not limited to the Northeast Auburn Special Area Plan and the goals
for this area set forth in the Development Agreement; and
WHEREAS, the approved Development Agreement vested the "Auburn Gateway
Architectural and Site Design Standards"that was attached the Agreement for the entire
term of the Agreement, thereby providing Auburn Properties, Inc. with a high level of
certainty on building and site design elements and costs; and
WHEREAS, the approved Development Agreement vested the Auburn Gateway
Project's right-of-way requirements for the "footprint design" requirements as of the
effective date of this Development Agreement; and
WHEREAS, the approved Development Agreement vested development
regulations pertaining to land use and zoning requirements, such as permitted,
conditional and prohibited uses and lot development standards but excluding building,
engineering and environmental regulations to the C4, Mixed Use Commercial Zoning
Resolution No. 5286
February 15, 2017
Page 3
RES.J Page 276 of 280
District applied to the Auburn Gateway Project through the Auburn City Council's approval
of Ordinance No. 6183; and
WHEREAS, the approved Development Agreement vested over three (3) rolling
five (5) year periods, those development regulations other than land use and zoning,
whereby the development regulations in effect on December 31 of the last year of the
prior vesting period shall replace the development regulation in effect, prior thereto; and
WHEREAS, the Auburn City Council approved Ordinance No.6382 on November
21, 2011 approving the addition of Chapter 18.08, Northeast Auburn Special Area Plan
and Auburn Gateway Planned Action to the Auburn Municipal Code, thereby establishing
a Planned Action designation for the Auburn Gateway Project that will help streamline
and expedite future development review by relying on completed and existing detailed
environmental analysis for the subject development site; and
WHEREAS, the Auburn City Council approved Ordinance No. 6426 on October
15, 2012 approving a rezone application for the Auburn Gateway Project from C3, Heavy
Commercial to C4, Mixed Use Commercial, a designation unique to the Auburn Gateway
Project site; and
WHEREAS, the Auburn City Council on July 16, 2012 approved Resolution No.
4841 an interlocal agreement between the City of Auburn and the Port of Seattle to
secure the right to control available surplus flood storage capacity that was constructed
as part of the Port of Seattle's wetland mitigation construction for the City's use and
make it available for private property owner's including Auburn Properties Inc.; and
WHEREAS, the City of Auburn completed a capital project for utility
improvements costing over $1.9 Million along D Street. NW within the Auburn Gateway
Project area to facilitate storm, water and sanitary sewer improvements that also benefit
Resolution No. 5286
February 15, 2017
Page 4
RES.J Page 277 of 280
the Auburn Gateway Project; and
WHEREAS,the City of Auburn completed extensive efforts to de-annex the right-
of-way of S 277th Street from King County and the City of Kent and annex the right-of-
way into the City of Auburn to accommodate necessary improvements along S 277th
Street; and
WHEREAS, the City of Auburn has initiated Capital Project No. C222A (277th-
Auburn Way N. to Green River Bridge) capital construction project will complete the
widening of S 277th Street from the intersection of Auburn Way North to L Street NE,
including the construction of a pedestrian trail and relocation of the floodway along S
277th Street at an estimated cost of over$8.9 million; and
WHEREAS, in recognition of the substantive benefit from participation in the
City's Capital Project No. C222A, Auburn Properties, Inc. voluntarily contributed 73,094
square feet of public right-of-way dedications and 162,477 square feet of public
easement dedications at an estimated value of $1,300,000.00 and $1,000,000.00 in
direct monetary contribution to the construction of the City's Project, thereby taking
advantage of the completion of significant frontage improvements along the northern
boundary of the Auburn Gateway Project; and
WHEREAS, the design and construction of the City's Capital Project No. C222A,
has been coordinated with the future development of Auburn Gateway Project and
specifically accommodates and provides for the future construction of the intersection of
I St NE at S 277th Street, an expandable stormwater management facilities, and the
construction of stream replacement mitigation that benefits the future Auburn Gateway
Project; and
WHEREAS, the aforementioned plans, approvals and projects exhibit the mutual
Resolution No. 5286
February 15, 2017
Page 5
RES.J Page 278 of 280
desire of the City of Auburn and Auburn Properties, Inc. to work collaboratively together
for the successful redevelopment of the Auburn Gateway Project site; and
WHEREAS, the Auburn City Council desires to continue to work in partnership
with Auburn Properties, Inc., the Mayor and City staff to realize the near-term successful
redevelopment of all of the properties covered by the Auburn Gateway Project; and
WHEREAS, the Auburn City Council recognizes that there is finite funding to
support needed and required public improvements to support the successful
redevelopment of the Auburn Gateway Project site, and as such, strongly encourages
Auburn Properties, Inc. to work with the City to bring forward near-term detailed
development plans such that timely and certain funding sources for said public
improvements can be ascertained, thereby providing Auburn Properties, Inc. with a
certain desire level of certainty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: Expression of Council Desire and Support. The City Council of
the City of Auburn, Washington expresses its desire and support for the near-term
redevelopment of the Auburn Gateway Project site recognizing the substantive positive
public benefits said redevelopment could have for the residents, citizens and businesses
of Auburn including but not limited increased retail and personal service options in the
northern portion of the City, improved circulation and mobility options in the northern portion
of the City and increased property tax and sales tax revenues to support the City's provision
of services to its residents, citizens and businesses.
Section 2: Support for Mayor and City Staff Efforts. The City Council
expresses its support for the Mayor and City staff to continue to pursue near-term
Resolution No. 5286
February 15, 2017
Page 6
RES.J Page 279 of 280
redevelopment of all of the properties covered by the Auburn Gateway Project in
conformance with adopted Plans and City standards and in appropriate partnership
engagements with Auburn Properties, Inc. Further, the City Council encourages the Mayor
and City staff to bring to the City Council any proposals for its consideration that could help
expedite the successful redevelopment of the Auburn Gateway Project site for the
aforementioned public benefits specified in Section 1 of this Resolution.
Section 3. Implementation of Other Administrative Procedures. That
the Mayor is authorized to implement such other administrative procedures as may be
necessary to carry out the directives of this legislation.
Section 4. Full Force and Effect. This Resolution shall be in full force and
effect upon passage and signatures hereon.
SIGNED and DATED this day of 2017
CITY OF AUBURN
NANCY BACKUS, Mayor
ATTEST:
Danielle E. Daskam, City Clerk
APP" •VEDAS TO FORM:
ni d City attorney
Resolution No. 5286
February 15, 2017
Page 7
RES.J Page 280 of 280